Section 30 of Drugs and Cosmetics Act 1940 - Penalty for Subsequent Offences
Section 30 of the Drugs and Cosmetics Act, 1940 prescribes enhanced punishment when a person who has already been convicted of specified offences under the Act is convicted again of the same specified offence. The provision covers repeat offences connected with section 27, section 27A and section 29.
Updated: 25 September 2026
Section 30 - Statutory provision
(1) Whoever, having been convicted of an offence -
(a) under clause (b) of section 27, is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to ten years and with fine which shall not be less than two lakh rupees.
Proviso: The Court may, for adequate and special reasons to be mentioned in the judgment, impose imprisonment for a term of less than seven years and a fine of less than one lakh rupees.
(b) under clause (c) of section 27, is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which shall not be less than three lakh rupees.
(c) under clause (d) of section 27, is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to four years, or with fine which shall not be less than fifty thousand rupees, or with both.
(1A) Whoever, having been convicted of an offence under section 27A, is again convicted under that section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
(2) Whoever, having been convicted of an offence under section 29, is again convicted of an offence under the same section, shall be punishable with imprisonment which may extend to two years, or with fine which shall not be less than ten thousand rupees, or with both.
Section 30 explained
The section is a repeat-offender provision. The punishment depends on the provision under which both the earlier and later convictions occur. For section 27 offences, clauses (b), (c) and (d) are treated separately. Section 30(1A) deals with a repeat conviction under section 27A, while section 30(2) deals with a repeat conviction under section 29.
| Repeat conviction | Punishment under Section 30 |
|---|---|
| Section 27(b) | Imprisonment from 7 to 10 years and fine of at least Rs. 2 lakh, subject to the statutory proviso permitting a lower sentence for adequate and special reasons recorded in the judgment. |
| Section 27(c) | Imprisonment from 10 years up to life imprisonment and fine of at least Rs. 3 lakh. |
| Section 27(d) | Imprisonment from 2 to 4 years, or fine of at least Rs. 50,000, or both. |
| Section 27A | Imprisonment up to 2 years, or fine up to Rs. 2,000, or both. |
| Section 29 | Imprisonment up to 2 years, or fine of at least Rs. 10,000, or both. |
Related provisions
Section 27 - Penalty for manufacture, sale, etc., of drugs in contravention of Chapter IV
Section 27 contains the principal penalties for specified contraventions involving drugs. Section 30(1) enhances punishment for repeat convictions under clauses (b), (c) and (d) of section 27.
Section 27A - Penalty relating to cosmetics
Section 27A prescribes penalties for specified contraventions relating to cosmetics. Section 30(1A) separately addresses a later conviction after an earlier conviction under section 27A.
Section 29 - Use of Government Analyst report for advertising
Section 29 penalises the use, for advertising purposes, of a test or analysis report made by the Central Drugs Laboratory or a Government Analyst, or an extract from such report. Section 30(2) provides the punishment for a subsequent conviction under section 29.
Legislative notes
Section 30 was substituted by Act 11 of 1955. Sub-section (1) was substituted by Act 68 of 1982 with effect from 1 February 1983. The punishments in section 30(1)(a), (b) and (c), and in section 30(2), were subsequently amended by the Drugs and Cosmetics (Amendment) Act, 2008 with effect from 10 August 2009. Sub-section (1A) was inserted by Act 21 of 1962 with effect from 27 July 1964.
The earlier reference to section 28 in sub-section (2) was omitted by Act 13 of 1964 with effect from 15 September 1964.
Official legal resources
For the official text and regulatory updates, refer to the Government of India resources linked in the sidebar. The statutory wording should be read with applicable amendments, rules, notifications and judicial decisions relevant to the facts of a particular case.