The Drugs and Cosmetics Act, 1940 – All Sections

An Act to regulate the import, manufacture, distribution and sale of drugs and cosmetics.

The Drugs and Cosmetics Act, 1940 has 88 sections in 6 chapters, amended 8 times. Each link below opens the official text of that section. Official PDF on India Code.

The Drugs and Cosmetics Act, 1940 PDF

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Official copy of the Act from India Code (Legislative Department, Government of India).

All sections of the Drugs and Cosmetics Act, 1940

Chapter I: INTRODUCTORY

Section 1 – Short title, extent and commencement
Section 2 – Application of other laws not barred
Section 3 – Definitions
Section 3A – Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir
Section 4 – Presumption as to poisonous substances

Chapter II: THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY AND THE DRUGS CONSULTATIVE COMMITTEE

Section 5 – The Drugs Technical Advisory Board
Section 6 – The Central Drugs Laboratory
Section 7 – The Drugs Consultative Committee
Section 7A – Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs

Chapter III: IMPORT OF DRUGS AND COSMETICS

Section 8 – Standards of quality
Section 9 – Misbranded drugs
Section 9A – Adulterated drugs
Section 9B – Spurious drugs
Section 9C – Misbranded cosmetics
Section 9D – Spurious cosmetics
Section 10 – Prohibition of import of certain drugs or cosmetics
Section 10A – Power of Central Government to prohibit import of drugs and cosmetics in public interest
Section 11 – Application of law relating to sea customs and powers of Customs officers
Section 12 – Power of Central Government to make rules
Section 13 – Offences
Section 14 – Confiscation
Section 15 – Jurisdiction

Chapter IV: MANUFACTURE. SALE AND DISTRIBUTSION OF DRUGS AND COSMETICS

Section 16 – Standards of quality
Section 17 – Misbranded drugs
Section 17A – Adulterated drugs
Section 17B – Spurious drugs
Section 17C – Misbranded cosmetics
Section 17D – Spurious cosmetics
Section 17E – Adulterated cosmetics
Section 18 – Prohibition of manufacture and sale of certain drugs and cosmetics
Section 18A – Disclosure of the name of the manufacturer, etc
Section 18B – Maintenance of records and furnishing of information
Section 19 – Pleas
Section 20 – Government Analysts
Section 21 – Inspectors
Section 22 – Powers of Inspectors
Section 23 – Procedure of Inspectors
Section 24 – Persons bound to disclose place where drugs or cosmetics are manufactured or kept
Section 25 – Reports of Government Analysts
Section 26 – Purchaser of drug or cosmetic enabled to obtain test or analysis
Section 26A – Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest
Section 26B – Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest
Section 27 – Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter
Section 27A – Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter
Section 28 – Penalty for non-disclosure of the name of the manufacturer, etc
Section 28A – Penalty for not keeping documents, etc., and for non-disclosure of information
Section 28B – Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A
Section 29 – Penalty for use of Government Analyst’s report for advertising
Section 30 – Penalty for subsequent offences
Section 31 – Confiscation
Section 31A – Application of provisions to Government departments
Section 32 – Cognizance of offences
Section 32A – Power of Court to implead the manufacturer, etc
Section 32B – Compounding of certain offences
Section 33 – Power of Central Government to make rules
Section 33A – Chapter not to apply to Ayurvedic, Siddha or Unani drugs

Chapter V: MISCELLANEOUS

Section 33P – Power to give directions
Section 34 – Offences by companies
Section 34A – Offences by Government departments
Section 34AA – Penalty for vexatious search or seizure
Section 35 – Publication of sentences passed under this Act
Section 36 – Magistrate’s power to impose enhanced penalties
Section 36A – Certain offences to be tried summarily
Section 36AB – Special Courts
Section 36AC – Offences to be cognizable and non-bailable in certain cases
Section 36AD – Application of Code of Criminal Procedure, 1973 to proceedings before special Court
Section 36AE – Appeal and revision
Section 37 – Protection of action taken in good faith
Section 38 – Rules to be laid before Parliament

Chapter IVA: PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS

Section 33B – Application of Chapter IVA
Section 33C – Ayurvedic and Unani Drugs Technical Advisory Board
Section 33D – The Ayurvedic, Siddha and Unani Drugs Consultative Committee
Section 33E – Misbranded drugs
Section 33F – Government Analysts
Section 33G – Inspectors
Section 33H – Application of provisions of sections 22, 23, 24 and 25
Section 33J – Penalty for subsequent offences
Section 33K – Confiscation
Section 33L – Application of provisions to Government departments
Section 33M – Cognizance of offences
Section 33N – Power of Central Government to make rules
Section 33EE – Adulterated drugs
Section 33KA – Disclosure of name of manufacturer, etc
Section 33KB – Maintenance of records and furnishing of informantion
Section 33EEA – Spurious drugs
Section 33EEB – Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs
Section 33EEC – Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs
Section 33EED – Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest