Presumption as to specified poisons
Section 5 of the Poisons Act, 1919 deals with presumption as to specified poisons. Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act. The Act came into force on 03 Sep 1919.
Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act.
Section 5, The Poisons Act, 1919 (Act 12 of 1919).
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.
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Atul Kumar Jain & Ors. v. State of Uttarakhand & Anr.
Court's Decision & Legal Precedent
Uttarakhand HC refused to quash proceedings under Poisons Act ss.4/5/6 read with Excise Act for methanol seizure, holding whether methanol remains a notified poison under the 2015 State Rules versus continuing 1921 Rules is a mixed question of fact and statutory interpretation unfit for summary 482 CrPC disposal.
On this section: s.5 Presumption as to specified poisons — charged with s.5; holding keeps presumption/classification issues for evidence-based trial forum
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 5
What have the courts held on Section 5 of the Poisons Act?
Atul Kumar Jain & Ors. v. State of Uttarakhand & Anr. (15 Jul 2025) is the leading judgment on this section among those set out below: s.5 Presumption as to specified poisons — charged with s.5; holding keeps presumption/classification issues for evidence-based trial forum.
How do I find court cases under Section 5 of the Poisons 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: Poisons Act 1919 5, section 5 Poisons Act 1919, section 5 of the Poisons 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 Atul Kumar Jain & Ors. v. State of Uttarakhand & Anr. (15 Jul 2025).
When did Section 5 of the Poisons Act come into force?
Section 5 of the Poisons Act, cited as Poisons Act 1919 5, came into force on 03 Sep 1919, having been enacted on 03 Sep 1919. 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 19 Oct 2026. This page is not a substitute for legal advice.