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Section55
The Biological Diversity Act, 2002

Penalties

In force From 01 Oct 2003 Act 18 of 2003 As on 16 Oct 2026

Act 18 of 2003 Ministry Environment, Forest and Climate Change Enacted 05 Feb 2003 In force 01 Oct 2003 Cited by 1 provision

Section 55 of the Biological Diversity Act, 2002 deals with penalties. If any person or entity covered under sub-section (2) of section 3 or section 7 contravenes or attempts to contravene or abets the contravention of the provisions of section 3 or section 4 or section 6 or section 7, such person shall be liable to pay penalty which shall not be less than one lakh rup The Act came into force on 01 Oct 2003.

1[55. Penalties.-- If any person or entity covered under sub-section (2) of section 3 or section 7 contravenes or attempts to contravene or abets the contravention of the provisions of section 3 or section 4 or section 6 or section 7, such person shall be liable to pay penalty which shall not be less than one lakh rupees, but which may extend to fifty lakh rupees, but where the damage caused exceeds the amount of penalty, such penalty shall be commensurate with the damage caused, and in case, the failure or contravention continues, an additional penalty may be imposed, which shall not exceed one crore rupees and such penalty shall be decided by the adjudicating officer appointed under section 55A.]

Section 55, The Biological Diversity Act, 2002 (Act 18 of 2003).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 3 Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
  2. s. 4 Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
  3. s. 6 Application for intellectual property rights not to be made without approval of National Biodiversity Authority
  4. s. 7 Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes
  5. s. 55A Adjudication of penalties

Referred to by 1

  1. s. 55A Adjudication of penalties

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. M. Kottaiya v. State (Forest Range Officer, Gummidipoondi)

    High Court 10 Jul 2023 Persuasive (High Court) Crl.O.P.No.20823 of 2021; Judgment 10.07.2023 (V. Sivagnanam J.)

    Court's Decision & Legal Precedent

    Prosecution under ss.7/55(2)/58 fails where polychaete worms are obtained for shrimp-hatchery feeding: that use is conventional animal-husbandry practice excluded from "commercial utilisation" under s.2(f), so prior State Biodiversity Board intimation under s.7 is unnecessary and the s.55(2) penalty charge cannot stand; quashed under CrPC 482.

    On this section: s.55(2) penalty liability is tested against whether the underlying s.7 commercial-utilisation predicate is made out; the Court holds it is not.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 55

What have the courts held on Section 55 of the Biological Diversity Act?

M. Kottaiya v. State (Forest Range Officer, Gummidipoondi) (10 Jul 2023) is the leading judgment on this section among those set out below: s.55(2) penalty liability is tested against whether the underlying s.7 commercial-utilisation predicate is made out; the Court holds it is not.

How do I find court cases under Section 55 of the Biological Diversity Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Biological Diversity Act 55, section 55 Biological Diversity Act, section 55 of the Biological Diversity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with M. Kottaiya v. State (Forest Range Officer, Gummidipoondi) (10 Jul 2023).

What should I read with Section 55 of the Biological Diversity Act, and has it changed?

Its own text turns on section 3 (Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority), section 4 (Results of research not to be transferred to certain persons without approval of National Biodiversity Authority), section 6 (Application for intellectual property rights not to be made without approval of National Biodiversity Authority), section 7 (Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes), and on 1 further provision, so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When did Section 55 of the Biological Diversity Act come into force?

Section 55 of the Biological Diversity Act, cited as Biological Diversity Act 55, came into force on 01 Oct 2003, having been enacted on 05 Feb 2003. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.