(1) Whoever, by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any spurious goods shall be punished, if such act-
(a) causing injury not amounting to grievous hurt to the consumer, with imprisonment for a term which may extend to one year and with fine which may extend to three lakh rupees;
(b) causing injury resulting in grievous hurt to the consumer, with imprisonment for a term which may extend to seven years and with fine which may extend to five lakh rupees;
(c) results in the death of a consumer, with imprisonment for a term which shall not be less than seven years, but may extend to imprisonment for life and with fine which shall not be less than ten lakh rupees.
(2) The offences under clauses (b) and (c) of sub-section (1) shall be cognizable and non-bailable.
(3) Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of second or subsequent conviction, cancel the licence.
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.
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.