Penalty for unlawful importation, etc
Section 6 of the Poisons Act, 1919 deals with penalty for unlawful importation, etc. Whoever— (a) commits a breach of any rule made under section 2, or (b) imports without a licence [into [India] across a customs frontier4 defined by the Central Central Government] any poison the importation of which is for the time being restricted under section 3, or (c) breaks any condition of a The Act came into force on 03 Sep 1919.
(1) Whoever—
(a) commits a breach of any rule made under section 2, or
(b) imports 1 *** without a licence 2 [into 3 [India] across a customs frontier4 defined by the Central Central Government] any poison the importation of which is for the time being restricted under section 3, or
(c) breaks any condition of a licence for the importation of any poison granted to him under section 3,
shall be punishable, —
(i) on a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and
(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Any poison in respect of which an offence has been committed under this section, together with the vessels, packages or coverings in which the same is found, shall be liable to confiscation.
Section 6, The Poisons Act, 1919 (Act 12 of 1919).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
-
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.6 Penalty for unlawful importation etc. — penal proceedings under s.6 left to trial; court rejected pre-emptive obliteration
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.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 6
What have the courts held on Section 6 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.6 Penalty for unlawful importation etc. — penal proceedings under s.6 left to trial; court rejected pre-emptive obliteration.
How do I find court cases under Section 6 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 6, section 6 Poisons Act 1919, section 6 of the Poisons Act. People searching for it also type section 6 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).
What should I read with Section 6 of the Poisons Act, and has it changed?
Its own text turns on section 2 (Power of the State Government to regulate possession for sale and sale of any poison), section 3 (Power to prohibit importation into the States of any poison except under licence), so none of them can safely be read on its own. One instrument names it without being made under it, most recently PUNJAB POISON RULES 2014 (2014).
When did Section 6 of the Poisons Act come into force?
Section 6 of the Poisons Act, cited as Poisons Act 1919 6, 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.