Section 91: Punishment for manufacturing for sale or for storing or selling or distributing or importing spurious goods

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2019

Legal Commentary & Landmark Judgments: Section 91

Section 91 criminalizes the manufacture, storage, distribution, sale, or import of spurious and counterfeit goods, prescribing severe prison terms scaling up to life imprisonment where spurious goods cause consumer death.

  • Counterfeit and Spurious Products Scope: Targeted at goods that are deceptive imitations, counterfeits, or falsely purport to be genuine products of standard quality.
  • Tiered Sentencing Hierarchy Based on Injury: Imposes: (a) non-grievous injury: imprisonment up to 1 year and fine up to ₹3 lakh; (b) grievous hurt: imprisonment up to 7 years and fine up to ₹5 lakh; (c) death: minimum 7 years imprisonment up to life imprisonment and fine not less than ₹10 lakh.
  • License Revocation and Disqualification: Mandates temporary suspension of business licenses for up to two years for first offenders, and permanent revocation upon repeat conviction.
Key Landmark Precedents:
  • E.I. Dupont De Nemours & Co. v. Director General (Investigation & Registration) (2013) 12 SCC 476: The Supreme Court emphasized that spurious and imitation goods cause grave harm to consumer safety and public health, affirming stringent regulatory and criminal action against counterfeiters.
  • State of Maharashtra v. Mayer Hans George (1965) 1 SCR 123: A 3-Judge Bench established that public welfare and consumer safety enactments may impose strict liability where the statutory language manifests clear legislative intent to protect public health from spurious commodities.
Courtroom Practice & Strategic Litigation Guidance:

For brand owners and trademark holders, invoke Section 91 alongside intellectual property remedies by submitting forensic raid evidence, invoice trails, and counterfeit analysis reports directly to the CCPA to initiate criminal proceedings and market confiscation.