Offences by companies

In force Act 23 of 1940 As on 21 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

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 34 of the Drugs and Cosmetics Act and Rules deals with offences by companies. Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall b

(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly: 1. Subs. by Act 68 of 1982, s. 2, for certain words (w.e.f. 1-2-1983). 2. Ins. by s. 35, ibid. (w.e.f. 1-2-1968). 3. Subs. by s. 35, ibid., for cl.
(f) (w.e.f. 1-2-1968). 4. Subs. by Act 11 of 1955, s. 16, for Chapter V. 5- Ins. by Act 35 of 1960, s. 11 (w.e.f. 16-3-1961). 6. S. 33A re-numbered as s. 33P by Act 13 of 1964, s. 27 (w.e.f. 15-9-1964). Drugs and Cosmetics Act, 1940 Explanation .- For the purposes of this section- (a) "company" means a body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm. 1[34A. Offences by Government Departments .- Where an offence under Chapter 1V or Chapter 1VA has been committed by any department of Government, such authority as is specified by the Central Government to be in charge of manufacture, sale or distribution of drugs or where no authority is specified, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render any such authority or person liable to any punishment provided in Chapter 1V or Chapter 1VA, as the case may be, if such authority or person proves that the offence was committed without its or his knowledge or that such authority or person exercised all due diligence to prevent the commission of such offence.] 2[34AA. Penalty for vexatious search or seizure .- Any Inspector exercising powers under this Act or the rules made thereunder, who,- (a) without reasonable ground of suspicion searches any place, vehicle, vessel or other conveyance; or (b) vexatiously and unnecessarily searches any person; or (c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or arNes CAUperde shall be punishable with fine which may extend to one wherehaving reason to believe (d) commits, as such Inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty,
Section 34, The Drugs and Cosmetics Act and Rules (Act 23 of 1940).

Questions about Section 34

What does Section 34 of the Drugs and Cosmetics Act and Rules deal with?

Section 34 of the Drugs and Cosmetics Act and Rules is headed "Offences by companies". Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall b

How do I find court cases under Section 34 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 34, section 34 Drugs Cosmetics Act Rules, section 34 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.

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

168. 134147 words
54. Form of order not to dispose of stock11273 words
74A. Conditions for licence in Form 25-B5837 words
18. Prohibition of manufacture and sale of certain drugs and cosmetics5197 words
68B. Delegation of Powers by the Central Licence Approving Authority4452 words
65. Condition of licences3128 words

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.