Magistrate's power to impose enhanced penalties
Section 36 of the Drugs and Cosmetics Act and Rules deals with magistrate's power to impose enhanced penalties. Notwithstanding anything contained in 4* * [the Code of * Criminal Procedure, 1973 (2 of 1974)] it shall be lawful for '[any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorised by this Act in excess of his powers under 4* * * the said Code.
Notwithstanding anything contained in 4* * 5[the Code of * Criminal Procedure, 1973 (2 of 1974)] it shall be lawful for '[any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorised by this Act in excess of his powers under 4* * * the said Code. 7[36A. Certain offences to be tried summarily .- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this 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, shall 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 and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:
Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year:
Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and proceed to hear or rehear the case in the manner provided by the said Code.] 1. Ins. by Act 13 of 1964, s. 28 (w.e.f. 15-9-1964). 2. Ins. by Act 68 of 1982, s. 36 (w.e.f. 1-2-1983). 3. Subs. by s. 37, ibid., for certain words (w.e.f. 1-2-1983). 4. The words and figures "section 32 of" omitted by Act 13 of 1964, s. 29 (w.e.f.15-9-1964). 5. Subs. by Act 68 of 1982, s. 38, for "the Code of Criminal Procedure, 1898" (w.e.f. 1-2-1983). 6. Subs. by s. 38, ibid., for certain words (w.e.f. 1-2-1983). 7. Ins. by s. 39, ibid. (w.e.f. 1-2-1983). Drugs and Cosmetics Act, 1940
Section 36, 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.
This section refers to
Questions about Section 36
What does Section 36 of the Drugs and Cosmetics Act and Rules deal with?
Section 36 of the Drugs and Cosmetics Act and Rules is headed "Magistrate's power to impose enhanced penalties". Notwithstanding anything contained in 4* * [the Code of * Criminal Procedure, 1973 (2 of 1974)] it shall be lawful for '[any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorised by this Act in excess of his powers under 4* * * the said Code.
How do I find court cases under Section 36 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 36, section 36 Drugs Cosmetics Act Rules, section 36 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 36 of the Drugs and Cosmetics Act and Rules, and has it changed?
Its own text turns on section 32 (Cognizance of offence), section 33 (Power of Central Government to make rules), so none of them can safely be read on its own.
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.