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Section86
The Consumer Protection Act, 2019

Liability of product sellers

In force Act 35 of 2019 As on 15 Oct 2026

Act 35 of 2019 Ministry Consumer Affairs, Food and Public Distribution Enacted 09 Aug 2019

Commencement. 24th July, 2020.-- S. 2 clauses (4), (13), (14), (16), (40), s. 10 to 27 (both inclusive), sub-clause (iv) of clause (a) of sub-section (1) of section 58, s. 88, 89, 92 and 93, 94, 96, 97 and 99, clause (f) to (m) of sub-section 2 and clauses (zg), (zh) and (zi) of sub-section 2 of s. 101, 104, vide notification No. S.O. 2421(E), dated 23rd July 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Section 86 of the Consumer Protection Act, 2019 deals with liability of product sellers. A product seller who is not a product manufacturer shall be liable in a product liability action, if-- (a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; The Act was enacted on 09 Aug 2019.

A product seller who is not a product manufacturer shall be liable in a product liability action, if--

(a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or

(b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or

(c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or

(d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him; or

(e) he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm.

Section 86, The Consumer Protection Act, 2019 (Act 35 of 2019).

Questions about Section 86

What does Section 86 of the Consumer Protection Act deal with?

Section 86 of the Consumer Protection Act is headed "Liability of product sellers". A product seller who is not a product manufacturer shall be liable in a product liability action, if-- (a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm;

How do I find court cases under Section 86 of the Consumer Protection 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: Consumer Protection Act 86, section 86 Consumer Protection Act, section 86 of the Consumer Protection Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When was Section 86 of the Consumer Protection Act enacted?

Section 86 of the Consumer Protection Act, cited as Consumer Protection Act 86, was enacted on 09 Aug 2019 as Act 35 of 2019. 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 15 Oct 2026. This page is not a substitute for legal advice.