Section 13 of Drugs and Cosmetics Act 1940 - Offences and Punishment
Section 13 of the Drugs and Cosmetics Act, 1940 prescribes punishment for specified contraventions relating to the import of drugs and cosmetics under Chapter III of the Act. It also provides enhanced punishment for repeat convictions and makes the punishment additional to any penalty arising under Section 11.
Meaning and scope of Section 13
The Drugs and Cosmetics Act, 1940 is a Central law regulating the import, manufacture, distribution and sale of drugs and cosmetics in India. Section 13 falls in Chapter III, which deals with import. It operates together with provisions such as Section 9A on adulterated drugs, Section 9B on spurious drugs, Section 9D on spurious cosmetics, Section 10 on prohibited imports, Section 10A on prohibition in public interest and Section 11 on customs law and powers.
Section 13 - Statutory text
(1) Whoever himself or by any other person on his behalf imports,-
(a) any drug deemed to be adulterated under section 9A or deemed to be a spurious drug under section 9B or any spurious cosmetic referred to in section 9D or any cosmetic of the nature referred to in clause (ee) of section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees;
(b) any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is prohibited under section 10, or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;
(c) any drug or cosmetic in contravention of the provisions of any notification issued under section 10A, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.
(2) Whoever having been convicted of an offence-
(a) under clause (a) or clause (c) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both;
(b) under clause (b) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
(3) The punishment provided by this section shall be in addition to any penalty to which the offender may be liable under the provisions of section 11.
Punishment under Section 13 at a glance
| Provision | Nature of contravention | Maximum punishment stated in Section 13 |
|---|---|---|
| Section 13(1)(a) | Import of an adulterated drug under Section 9A, spurious drug under Section 9B, spurious cosmetic under Section 9D, or a cosmetic covered by Section 10(ee). | Imprisonment up to 3 years and fine up to Rs. 5,000. |
| Section 13(1)(b) | Other prohibited import under Section 10 or a rule made under Chapter III. | Imprisonment up to 6 months, or fine up to Rs. 500, or both. |
| Section 13(1)(c) | Import contrary to a notification issued under Section 10A. | Imprisonment up to 3 years, or fine up to Rs. 5,000, or both. |
| Section 13(2)(a) | Repeat conviction under Section 13(1)(a) or 13(1)(c). | Imprisonment up to 5 years, or fine up to Rs. 10,000, or both. |
| Section 13(2)(b) | Repeat conviction under Section 13(1)(b). | Imprisonment up to 1 year, or fine up to Rs. 1,000, or both. |
Important linked provisions
Section 9A - Adulterated drugs
Section 9A identifies when a drug is deemed adulterated for the purposes of Chapter III. Import of such a drug attracts Section 13(1)(a).
Section 9B - Spurious drugs
Section 9B sets out when a drug is deemed spurious. A spurious drug imported in contravention of the Act is specifically covered by Section 13(1)(a).
Section 9D - Spurious cosmetics
Section 9D defines the circumstances in which a cosmetic is deemed spurious for Chapter III. Section 13(1)(a) expressly refers to such cosmetics.
Section 10 - Prohibition of import
Section 10 prohibits import of specified drugs and cosmetics, including products that fall within the statutory categories and imports made contrary to prescribed licensing or other requirements.
Section 10A - Prohibition in public interest
Section 10A empowers the Central Government, where statutory conditions are satisfied, to prohibit import of a drug or cosmetic in the public interest by notification. Contravention of such a notification is addressed by Section 13(1)(c).
Section 11 - Customs law and powers
Section 11 applies the relevant customs-law framework and powers to prohibited imports under Chapter III. Section 13(3) makes clear that punishment under Section 13 is additional to any penalty for which the offender may be liable under Section 11.
Repeat offences under Section 13(2)
Section 13(2) provides higher maximum punishment where a person who has already been convicted under the specified clause is again convicted under that clause. The enhanced punishment differs according to whether the repeat conviction falls under clause (a) or (c), or under clause (b), of Section 13(1).
Confiscation and jurisdiction
Section 14 provides for confiscation of the consignment of drugs or cosmetics in respect of which an offence punishable under Section 13 has been committed. Section 15 provides that no court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence punishable under Section 13.
Legislative note
Section 13 was substituted by Section 10 of the Drugs and Cosmetics (Amendment) Act, 1982 (Act 68 of 1982), with effect from 1 February 1983. The current official India Code text should be consulted for authoritative statutory wording and amendment history.
Related sections
This page is an informational presentation of Section 13 and related provisions. For legal use, verify the current statutory text, applicable rules, notifications and case-specific facts from official sources.