Plant Variety explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 70 to 73 are the penal provisions of the Act. They punish applying a false denomination, selling varieties to which a false denomination is applied, falsely representing a variety as registered, and repeating an offence. Each carries a minimum and maximum term and fine, and sections 70 and 71 contain defences.
Provisions as amended up to the Tribunals Reforms Act, 2021 (in force 4 April 2021); no later amendment as of 3 October 2026. Later notifications should be checked on plantauthority.gov.in.
The penalties are imprisonment, fine or both, within a minimum and a maximum. The maximum fine is five lakh rupees for the first three offences and twenty lakh rupees for a repeat offence. A person charged under section 70 or 71 can escape by proving the defences printed in those sections. The Jan Vishwas Acts of 2023 and 2026 did not change these provisions.
The penalties side by side
| Section | Offence | Imprisonment | Fine |
|---|---|---|---|
| 70 | Applying a false denomination to a variety, or indicating a false name of a country or place or a false name and address of the breeder in trading | Not less than three months, may extend to two years | Not less than fifty thousand rupees, may extend to five lakh rupees |
| 71 | Selling, exposing for sale or having in possession for sale or for any purpose of trade or production a variety to which a false denomination, or a false indication of country, place or breeder, is applied | Not less than six months, may extend to two years | Not less than fifty thousand rupees, may extend to five lakh rupees |
| 72 | Falsely representing a variety as registered under the Act | Not less than six months, may extend to three years | Not less than one lakh rupees, may extend to five lakh rupees |
| 73 | Subsequent offence after a conviction under the Act | Not less than one year, may extend to three years | Not less than two lakh rupees, may extend to twenty lakh rupees |
In each section the punishment is "imprisonment ... or with fine ... or with both", so the court may impose either or both within the stated limits.
Section 70: applying a false denomination
Any person who (a) applies any false denomination to a variety, or (b) "indicates the false name of a country or place or false name and address of the breeder of a variety registered under this Act in the course of trading such variety", is punishable as above "unless he proves that he acted, without intend to defraud". The defence is to prove absence of intent to defraud, and the burden is on the accused. "False denomination" has the meaning in section 69: a denomination applied without the breeder's assent. A breeder planning a complaint can start with our IP watch and enforcement team.
Section 71: selling varieties with a false denomination
The offence is to sell, expose for sale, or have in possession for sale or for any purpose of trade or production a variety to which any false denomination is applied, or to which an indication of the country or place of production, or the name and address of the breeder, has been falsely made. The person is punishable "unless he proves"—
| Defence | What must be proved |
|---|---|
| (a) | That, having taken all reasonable precautions against committing an offence against this section, he had at the time no reason to suspect the genuineness of the denomination, or that any offence had been committed about the indication of country, place or breeder |
| (b) | That, on demand by or on behalf of the prosecutor, he gave all the information in his possession about the person from whom he obtained the variety |
| (c) | That otherwise he had acted innocently |
A reader should note that the statute lists the three defences with "or" between (b) and (c); each is a separate route, and the burden of proof lies on the person charged.
An invented example: a dealer buys bags of a registered paddy variety from a wholesaler, sells them, and is later prosecuted because the denomination on the bags was false. The dealer shows that he took reasonable precautions, had no reason to suspect the genuineness of the denomination, and on demand gave the prosecutor all the information he had about the wholesaler. Defences (a) and (b) are what he would rely on.
A dealer or distributor with exposure of this kind should keep purchase records and supplier details ready.
Section 72: falsely representing a variety as registered
"Whoever makes any representation with respect to the denomination of a variety or its propagating material or essentially derived variety or its propagating material not being , to the effect that it is or otherwise represents any variety ... not registered under this Act to the effect that it is registered under this Act" is punishable with imprisonment of six months to three years, or fine of one lakh to five lakh rupees, or both. There is no defence printed in this section.
The section catches marketing claims: calling an unregistered variety "registered under the PPV&FR Act" can fall within it. Anyone describing a variety in advertisements or on labels should check its registration status in the Register first.
Section 73: subsequent offence
"Whoever having already been convicted of an offence under this Act is again convicted of such offence shall be punishable for the second and for every subsequent offence" with imprisonment for one to three years, or fine of two lakh to twenty lakh rupees, or both. The minimum terms and fines are higher, and the maximum fine is four times that of the first-offence sections.
Companies, employees and other limits
Offences by companies and the officers in charge are dealt with in section 77. A farmer who proves he was unaware of a right at the time cannot be prosecuted under the Act for that infringement (section 42; see sections 42 to 44).
Need help on an offence matter?
Whether you are a breeder wanting to act against false denominations or a trader facing a complaint, early advice on evidence and defences matters. Talk to our IP watch and enforcement team.
Key takeaways
- Sections 70, 71 and 72 carry fines of up to five lakh rupees; section 73 up to twenty lakh rupees.
- Each section has a minimum as well as a maximum term and fine.
- Sections 70 and 71 allow the accused to prove the printed defences.
- Section 72 has no printed defence and covers false claims of registration.
- A repeat offence brings higher minimums: one year and two lakh rupees.
Read next
- Sections 68-69: false application of a denomination
- Sections 74-77: permitted acts, employees and companies
- Sections 42-44: farmers' protection
Disclaimer: Based on the Protection of Plant Varieties and Farmers' Rights Act, 2001 as amended up to the Tribunals Reforms Act, 2021, the PPV&FR Rules, 2003 as amended up to G.S.R. 803(E) of 16 November 2021, and the regulations, rules and scheme named in the article, as published by the PPV&FR Authority and consulted on 3 October 2026. Later notifications should be checked on plantauthority.gov.in. This article is general information, not legal advice; check the official text before acting.