Section 36A of the Drugs and Cosmetics Act, 1940 - Certain Offences to Be Tried Summarily
Section 36A provides a special summary-trial procedure for specified offences under the Drugs and Cosmetics Act, 1940. It identifies the offences covered, the Magistrates competent to conduct the trial, the maximum imprisonment that may be imposed in a summary trial, and the circumstances in which the case must proceed otherwise than summarily.
- The provision applies to offences punishable with imprisonment not exceeding three years, subject to the statutory exceptions.
- Offences triable by the Special Court under Section 36AB or by a Court of Session under the Act are excluded.
- An offence under Section 33-I(1)(b) is also excluded.
- The summary trial is conducted by a specially empowered Judicial Magistrate of the first class or by a Metropolitan Magistrate.
- In a summary trial under Section 36A, imprisonment imposed on conviction cannot exceed one year.
Text and scope of Section 36A
Section 36A - Certain offences to be tried summarily. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences, except the offences triable by the Special Court under Section 36AB or Court of Session under the Act, punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of Section 33-I, are to be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate. The statutory text applies the summary-trial provisions referred to in the section, as far as may be.
The first proviso permits the Magistrate, upon conviction in such a summary trial, to impose imprisonment for a term not exceeding one year.
The second proviso requires conversion from the summary procedure where the Magistrate considers that imprisonment exceeding one year may have to be imposed, or that for any other reason a summary trial is undesirable. After hearing the parties and recording an order, the Magistrate must recall any witness already examined and proceed to hear or rehear the case in the manner provided by the applicable criminal procedure law.
For the authoritative statutory wording, amendments and official text, consult the Government sources linked below. The article explanation is intended to aid reading and does not replace the enacted text.
Meaning of summary trial under Section 36A
A summary trial is a shortened criminal trial procedure intended for offences that the legislature has considered suitable for comparatively expeditious disposal. Section 36A begins with a non-obstante clause, meaning that its special rule operates notwithstanding the general criminal procedure provision referred to in the section, to the extent of any inconsistency.
The section does not make every offence under the Drugs and Cosmetics Act summarily triable. The punishment prescribed for the particular offence and the express exclusions in Section 36A must first be examined.
Which offences may be tried summarily?
Subject to the exclusions written into Section 36A, the provision covers offences under the Act that are punishable with imprisonment for a term not exceeding three years. The punishment attached to the alleged offence therefore determines whether Section 36A is attracted.
Offences excluded from Section 36A
The summary procedure does not apply where the offence is triable by the Special Court under Section 36AB, where the offence is triable by a Court of Session under the Act, or where the offence falls under clause (b) of sub-section (1) of Section 33-I.
Who can conduct the summary trial?
Section 36A authorises a Judicial Magistrate of the first class who has been specially empowered for this purpose by the State Government, or a Metropolitan Magistrate, to conduct the summary trial. The provision should therefore be read not only with the punishment clause for the alleged offence but also with the statutory requirement concerning the competent court.
Maximum sentence in a summary trial
The first proviso specifically authorises imprisonment up to one year upon conviction in a summary trial under Section 36A. This is a limit applicable to the sentence of imprisonment passed in the summary proceeding under this section.
When the case should not continue summarily
The second proviso deals with cases that turn out to be unsuitable for summary disposal. If, at the beginning of the trial or later, the Magistrate considers that imprisonment exceeding one year may have to be passed, or that a summary trial is undesirable for any other reason, the Magistrate must hear the parties and record an order to that effect.
After such an order, any witness already examined is to be recalled and the case is to proceed by the ordinary procedure applicable to the proceeding. This safeguard prevents the summary procedure from restricting the court where the seriousness or circumstances of the case require a fuller trial.
CrPC reference and the BNSS position
The currently published text of Section 36A continues to contain an express reference to the Code of Criminal Procedure, 1973 and to its Sections 262 to 265. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973 subject to its savings and transitional provisions. Accordingly, for proceedings after the commencement of the BNSS, the statutory text of Section 36A should be read together with the BNSS, its repeal-and-savings provision, and any applicable judicial or legislative clarification. For older or saved proceedings, the CrPC may continue to be relevant according to the applicable savings clause.
Legislative history
Section 36A was inserted with effect from 1 February 1983. Its coverage was later amended by the Drugs and Cosmetics (Amendment) Act, 2008, with effect from 10 August 2009, to exclude offences triable by the Special Court under Section 36AB or by a Court of Session under the Act.
Related provisions
Section 36A is best read with Section 36 concerning a Magistrate's power to impose enhanced penalties, Section 36AB concerning Special Courts, Section 36AC concerning cognizable and non-bailable offences in specified cases, Section 36AD concerning criminal procedure before Special Courts, and Section 36AE concerning appeal and revision.
Official legal resources
For the latest official text and regulatory material, see the Drugs and Cosmetics Act, 1940 on India Code, the CDSCO Acts and Rules page, and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
Disclaimer: This page is a general legal-information resource. Statutory amendments, notifications, rules, judgments and transitional provisions may affect application to a particular case. Verify the current official text and obtain professional advice where required.