Drugs and Cosmetics Act 1940 / Section 32

Section 32 of Drugs and Cosmetics Act 1940 - Cognizance of Offence

Section 32 of the Drugs and Cosmetics Act, 1940 regulates who may institute a prosecution for offences under Chapter IV, identifies the minimum level of court that may try such offences, and preserves prosecution under other applicable laws for the same act or omission.

Current legal position: The text below reflects Section 32 presently in force. The substitution of sub-sections (1) and (2) by the Drugs and Cosmetics (Amendment) Act, 2008 took effect on 10 August 2009.

Text and meaning of Section 32

Section 32(1): Who may institute prosecution

No prosecution under Chapter IV may be instituted except by:

  1. an Inspector;
  2. a gazetted officer of the Central Government or a State Government who is authorised in writing for this purpose by the Central Government or State Government through a general or special order;
  3. the person aggrieved; or
  4. a recognised consumer association, whether or not the aggrieved person is a member of that association.

Section 32(2): Court competent to try the offence

Unless the Act otherwise provides, an offence punishable under Chapter IV cannot be tried by a court inferior to a Court of Session. In practical terms, Section 32(2) fixes the minimum trial-court level for offences governed by the provision.

Section 32(3): Liability under other laws

Section 32 does not prevent prosecution under another law where the same act or omission also constitutes an offence under that other law. The provision therefore preserves other legally available criminal liability in addition to proceedings under the Drugs and Cosmetics Act, 1940.

What does "cognizance of offence" mean here?

In the context of Section 32, the heading "Cognizance of offence" concerns the statutory conditions governing prosecution of offences under Chapter IV. The section specifies the persons or authorities entitled to institute prosecution and the level of court competent to try the offence. These requirements should be read together with the procedural law applicable to the criminal proceeding.

Who can file a complaint under Section 32?

The right to institute prosecution is not confined to a Drugs Inspector. The provision expressly includes an authorised gazetted government officer, the person aggrieved and a recognised consumer association. A recognised consumer association may institute prosecution whether or not the aggrieved person is its member.

Key point: Section 32(1) is a statutory restriction on the institution of prosecution under Chapter IV. The identity and legal authority of the complainant should therefore be checked when examining whether a prosecution has been validly instituted.

Which court can try an offence?

Section 32(2) provides, subject to any contrary provision in the Act, that no court below the level of a Court of Session shall try an offence punishable under Chapter IV. This provision concerns the forum for trial and should not be confused with the separate question of who is legally entitled to institute the prosecution.

Prosecution under another law

Under Section 32(3), Chapter IV does not bar a person from being prosecuted under another law for an act or omission that also constitutes an offence against Chapter IV. Whether another offence is actually made out depends on the ingredients of that other statutory provision and the facts of the case.

Amendment history

Sub-sections (1) and (2) of Section 32 were substituted by Section 12 of the Drugs and Cosmetics (Amendment) Act, 2008 (Act 26 of 2008), with effect from 10 August 2009. The substituted provision expanded the categories of persons who may institute prosecution and retained the Court of Session requirement for trial.

Official legal resources

For the authoritative statutory text and subsequent amendments, see the India Code database and the Central Drugs Standard Control Organisation. Users should verify the latest Gazette notifications and amendments where a matter depends on the law in force on a particular date.

Related provisions

Section 31A - Application of provisions to Government departments precedes Section 32. Section 32A - Power of Court to implead the manufacturer, etc. deals with proceeding against a manufacturer or distribution agent in circumstances specified by that provision. Section 32B - Compounding of certain offences deals with compounding of specified offences.

This page is a general legal information resource. For a pending prosecution or case-specific question, the statutory text, amendments, applicable procedural law and relevant judicial decisions should be examined together.