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Section32
The Drugs and Cosmetics Act and Rules

Cognizance of offence

In force Act 23 of 1940 As on 15 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 23 of 1940 Cited by 2 provisions

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 32 of the Drugs and Cosmetics Act and Rules deals with cognizance of offence. No prosecution under this Chapter shall be instituted except by an Inspector [or by the person aggrieved or by a recognised consumer association whether such person is a member of that association or not].

(1) No prosecution under this Chapter shall be instituted except by an Inspector 12[or by the person aggrieved or by a recognised consumer association whether such person is a member of that association or not]. 1. Ins. by Act 21 of 1962, s. 20 (w.e.f. 27-7-1964). 2. Subs. by Act 68 of 1982, s. 25, for "one thousand rupees" (w.e.f. 1-2-1983). 3. The words and figures "section 28 or" omitted by Act 13 of 1964, s. 26 (w.e.f. 15-9-1964). 4. Subs. by s. 20, ibid., for "two years". 5. S. 31 re-numbered as sub-section (1) by Act 35 of 1960, s. 9 (w.e.f. 16-3-1961). 6. Ins. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964). 7. Added by Act 13 of 1964, s. 21 (w.e.f. 15-9-1964). 8. Subs. by Act 68 of 1982, s. 26, for cl.

(i) (w.e.f. 1-2-1983). 9. Subs. by s. 26, ibid., for certain words (w.e.f. 1-2-1983). 10. Sub-section (2) ins. by Act 35 of 1960, s. 9 and subs. by Act 21 of 1962, s. 21 (w.e.f. 27-7-1964). 11. Ins. by Act 13 of 1964, s. 22 (w.e.f.15-9-1964). 12. Ins. by Act 71 of 1986 s. 3 (w.e.f. 15-9-1987). Drugs and Cosmetics Act, 1940 (2) No court inferior to that of [a Metropolitan Magistrate or of a Judicial Magistrate of the first class] shall try an offence punishable under this Chapter.

(3) Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Chapter. 2[32A. Power of Court to implead the manufacturer, etc .- Where, at any time during the trial of any offence under this Chapter alleged to have been committed by any person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, the Court is satisfied, on the evidence adduced before it, that such manufacturer or agent is also concerned in that offence, then, the Court may, notwithstanding anything contained 3[in sub-sections (1), (2) and (3) of section 319 of the Code of Criminal Procedure, 1973 (2 of 1974)] proceed against him as though a prosecution had been instituted against him under section 32.]

Section 32, The Drugs and Cosmetics Act and Rules (Act 23 of 1940).

Cross-references

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

Referred to by 2

  1. s. 26 Purchaser of drug or cosmetic enabled to obtain test or analysis
  2. s. 36 Magistrate's power to impose enhanced penalties

Questions about Section 32

What does Section 32 of the Drugs and Cosmetics Act and Rules deal with?

Section 32 of the Drugs and Cosmetics Act and Rules is headed "Cognizance of offence". No prosecution under this Chapter shall be instituted except by an Inspector [or by the person aggrieved or by a recognised consumer association whether such person is a member of that association or not].

How do I find court cases under Section 32 of the Drugs and Cosmetics Act and Rules?

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: Drugs Cosmetics Act Rules 32, section 32 Drugs Cosmetics Act Rules, section 32 of the Drugs and Cosmetics Act and Rules. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 32 of the Drugs and Cosmetics Act and Rules, and has it changed?

2 other provisions in this corpus refer back to it.

When was the Drugs and Cosmetics Act and Rules enacted?

Drugs and Cosmetics Act and Rules was enacted in 1940 as Act 23 of 1940. India Code records no commencement date for it. 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. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/053728db-416d-4003-acca-99b3d6b7df6f.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/2cd6c2e9-226a-4ecd-badb-d1db92507328/content). This page is not a substitute for legal advice.