I. CRITICAL 2026 UPDATE — JAN VISHWAS ACTS
Do NOT confuse the two Jan Vishwas Acts
| Particular | Jan Vishwas Act, 2023 | Jan Vishwas Act, 2026 |
|---|---|---|
| Act No. | No. 18 of 2023 | No. 8 of 2026 |
| Presidential Assent | 11 August 2023 | 7 April 2026 |
| Coverage | 42 Central Acts; 183 provisions | 79 Central Acts; 784 provisions |
| Status — D&C Act | In force from 31 December 2024 | Enacted but not yet in force |
| Status — Pharmacy Act | Relevant provisions in force from 13 June 2025 | Further amendments awaiting commencement |
| Major effect | Decriminalisation/reduction of imprisonment for selected minor/technical offences; increased penalties; compounding/adjudication | Formal adjudication mechanism for specified D&C Act provisions; further Pharmacy Act reforms |
| Fine escalator | 10% of minimum amount every 3 years from commencement | Similar escalator principle |
UPSC CURRENT-LAW RULE
2023 Act = current operative amendments.
2026 Act = enacted, but relevant health-sector provisions are not yet in force.
Therefore, when asked “What is the current penalty?”, use the applicable 2023-Act/current-law provision, not an uncommenced 2026 amendment.
II. DRUGS AND COSMETICS ACT, 1940
A. Import Offences — Chapter III
| Section | Offence | Current Penalty |
|---|---|---|
| Section 13(a) | Import of adulterated/spurious drugs or cosmetics in contravention of Chapter III | Imprisonment up to 3 years + fine up to ₹5,000 |
| Section 13(b) | Import in contravention of Chapter III — other/minor lapses | Imprisonment up to 6 months and/or fine up to ₹500 |
B. Important Definitions
| Section | Remember |
|---|---|
| Section 17 | Misbranded drug |
| Section 17A | Adulterated drug |
| Section 17B | Spurious drug |
Exam point: Sections 17, 17A and 17B are definition provisions; their significance is linked to the penalties under Section 27.
C. SECTION 27 — CORE PENALTY TABLE
| Section | Offence | Penalty |
|---|---|---|
| Section 27(a) | Adulterated/spurious drug likely to cause death or grievous hurt | RI ≥10 years → Life + fine ≥₹10,00,000 OR 3× value of confiscated drugs, whichever is more |
| Section 27(b)(i) | Adulterated drug not covered under Section 27(a) | RI 3–5 years + fine ≥₹1,00,000 OR 3× value, whichever is more |
| Section 27(b)(ii) | Manufacture/sale without valid licence | RI 3–5 years + fine ≥₹1,00,000 OR 3× value, whichever is more |
| Section 27(c) | Spurious drug, not covered under Section 27(a) | RI ≥7 years → Life + fine ≥₹3,00,000 OR 3× value, whichever is more |
| Section 27(d) | Drug in contravention of other Chapter provisions/rules; includes the NSQ/other regulatory category covered by the provision | Imprisonment 1–2 years + fine ≥₹20,000 |
MEMORY LINE
27(a) = Death/Grievous Hurt → 10 years–Life
27(b) = Adulterated/Licence → 3–5 years
27(c) = Spurious → 7 years–Life
27(d) = Other contravention → 1–2 years
D. SECTION 27A — COSMETICS
| Section | Offence | Penalty / Current Position |
|---|---|---|
| Section 27A(i) | Spurious/adulterated cosmetics likely to cause harm | Imprisonment up to 3 years + fine as prescribed |
| Section 27A(ii) | Other cosmetic contravention | Imprisonment up to 1 year, or fine up to ₹20,000, or both; 2026 Act proposes civil adjudication, but relevant amendment is not yet in force |
E. OTHER IMPORTANT D&C ACT PENALTIES
| Section | Offence / Subject | Penalty / Provision |
|---|---|---|
| Section 28 | Non-disclosure of manufacturer's name — Section 18A/Section 24 | Imprisonment up to 1 year and/or fine ≥₹20,000 |
| Section 28A | Failure to keep documents/registers; non-disclosure of information — Section 18B | Imprisonment up to 1 year or fine ≥₹20,000, or both |
| Section 28B | Manufacture/sale/distribution in contravention of Section 26A | Imprisonment up to 3 years + fine up to ₹5,000 |
| Section 29 | Use of Government Analyst/CDL report for advertising | Fine up to ₹1,00,000 |
| Section 30 | Subsequent/repeat offences | Enhanced punishment |
| Section 31 | Confiscation | Confiscation of drugs/cosmetics and applicable machinery/vehicle |
| Section 32 | Cognizance of offences | Specifies persons competent to institute prosecution |
| Section 32B | Compounding | Compounding of specified offences subject to statutory conditions |
| Section 34 | Offences by companies | Liability of persons in charge/responsible for business and responsible directors/officers |
| Section 36AB / Section 36AE | Trial forum | Designated/Special Court provisions |
F. SECTION 29 — VERY IMPORTANT
Use of Government Analyst/CDL Report for Advertising
Current penalty:
Fine up to ₹1,00,000
G. SECTION 30 — SUBSEQUENT OFFENCES
| Repeat offence | Penalty |
|---|---|
| Repeat Section 27(b) offence | 7–10 years + fine ≥₹2 lakh |
| Repeat Section 27(c) offence | 10 years → Life + fine ≥₹3 lakh |
| Repeat Section 27(d) offence | 2–4 years + fine ≥₹50,000, or both, as applicable |
H. SECTION 31 — CONFISCATION
Section 31 = CONFISCATION
Confiscation may apply to:
Drugs
Cosmetics
Machinery
Vehicles, where applicable
Exam Trap
D&C Section 31 = Confiscation
Do not confuse this with NDPS Section 31, which deals with enhanced punishment.
I. SECTION 32 — COGNIZANCE
Who may institute prosecution?
Drug Inspector
Authorised Gazetted Officer
Person aggrieved
Recognised consumer association
Important Exam Point
The detailed source states that police officers cannot independently institute prosecution under Chapter IV in the manner contemplated by Section 32; it cites Union of India v. Ashok Kumar Sharma (2021) 12 SCC 674.
J. SECTION 32B — COMPOUNDING
Section 32B = COMPOUNDING OF CERTAIN OFFENCES
The detailed source identifies specified offences including:
Section 13(1)(b)
Section 28
Section 28A
as offences for which compounding may be available subject to statutory conditions.
K. SECTION 34 — OFFENCES BY COMPANIES
Two important liability categories
Section 34(1):
Person in charge of
Responsible for conduct of business
Section 34(2):
Director/officer where offence occurred through
Consent
Connivance
Neglect
→ Vicarious criminal liability
L. TRIAL FORUM — D&C ACT
| Offence category | Court |
|---|---|
| Chapter III — Import | Metropolitan Magistrate / JM First Class |
| Chapter IVA — Ayurvedic/Siddha/Unani | Metropolitan Magistrate / JM First Class |
| Serious Chapter IV offences | Court of Session / Special Court |
| Other offences | Magistrate, as applicable |
III. PHARMACY ACT, 1948
Current Jan Vishwas Position
Relevant provisions were notified and brought into force on 13 June 2025.
| Section | Offence / Subject | Current Penalty |
|---|---|---|
| Section 26A(3) | Contravention of Central Council directions regarding qualifications/registration norms | Civil penalty up to ₹1,00,000 |
| Section 41(1) | Falsely claiming to be registered pharmacist / using titles suggesting registration | 1st: fine up to ₹1,00,000; Subsequent: imprisonment up to 3 months or fine up to ₹2,00,000, or both |
| Section 42(2) | Dispensing by an unregistered person | Imprisonment up to 3 months, or fine up to ₹2,00,000, or both |
| Section 43(1) | Failure to surrender registration certificate after removal from register | Fine up to ₹50 |
| Section 43A | Adjudication of penalties under Section 26A | President of State Pharmacy Council = adjudicating officer; appeal to President, Central Council within 45 days |
| Section 44 | State Council remittance obligation | Administrative — non-penal |
Pharmacy Act — Historical / Pre-Amendment Figures
| Provision | Old figure |
|---|---|
| Section 26A(3) | Up to 6 months / ₹1,000 / both |
| Section 41 — First conviction | Fine up to ₹500 |
| Section 41 — Subsequent | Up to 6 months / ₹1,000 / both |
| Section 42 | Up to 6 months / ₹1,000 / both |
| Section 43 | ₹50 |
Important Concept
Section 42 dispensing restriction does NOT apply to a Registered Medical Practitioner dispensing for his/her own patients.
IV. NDPS ACT, 1985
Core Rule
No Jan Vishwas-type decriminalisation applies to the NDPS Act.
The NDPS Act remains a stringent standalone criminal statute.
Quantity-Based Framework
| Quantity | Typical punishment |
|---|---|
| Small quantity | Up to 1 year and/or fine, depending on section/substance |
| Intermediate quantity | RI up to 10 years + fine up to ₹1 lakh |
| Commercial quantity | RI 10–20 years + fine ₹1–2 lakh; higher fine possible with recorded reasons |
Important NDPS Sections
| Section | Subject | Penalty / Provision |
|---|---|---|
| Section 27 | Consumption | Penalty depends on substance; e.g. specified substances: up to 1 year / ₹20,000 / both |
| Section 27A | Financing illicit traffic / harbouring offenders | RI 10–20 years + fine ₹1–2 lakh |
| Section 29 | Abetment / criminal conspiracy | Same punishment as principal offence |
| Section 31 | Enhanced punishment for certain repeat offences | Enhanced punishment |
| Section 31A | Death penalty provision for certain repeat offences | Discretionary |
| Section 37 | Bail restrictions | Twin conditions for specified serious/commercial-quantity offences |
| Section 64A | Immunity | Immunity for eligible addict voluntarily seeking de-addiction treatment |
V. DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954
| Section | Subject | Penalty / Status |
|---|---|---|
| Sections 3–5 | Prohibited advertisements, including advertisements concerning miscarriage, menstrual disorders, sexual capacity and specified diseases/conditions; magic remedies | 1st conviction: up to 6 months / fine / both; Subsequent: up to 1 year / fine / both |
| Section 7 | Offence provision | Cognizable |
| Section 8 | Offences by companies | Applicable company/officer liability |
Draft Amendment Trap
The proposed 2020 Draft Amendment suggested:
Up to 5 years imprisonment
Fine up to ₹50 lakh
This was not enacted as current law as of August 2026.
VI. MEDICAL TERMINATION OF PREGNANCY ACT, 1971
As amended in 2021
| Provision | Offence / Subject | Penalty / Provision |
|---|---|---|
| Section 5(2) | Termination by person who is not RMP / at unapproved place | RI 2–7 years |
| Section 5 | Contravention of Act/Rules | Imprisonment up to 1 year, or fine, or both |
| Section 5A | Taking out/causing foetus to be taken out with intent to destroy | Imprisonment up to 10 years + fine |
| Section 8 | Protection of RMP acting in good faith | Protection from specified criminal liability |
| General/residual | Illegal termination outside Act's protection | Relevant IPC/BNS miscarriage provisions apply |
2021 Amendment — Important
Up to 20 weeks: opinion of 1 RMP
20–24 weeks: opinion of 2 RMPs
Up to 24 weeks: specified special categories
Medical Boards for cases beyond 24 weeks involving substantial foetal abnormalities
Applies to any woman, irrespective of marital status
VII. POISONS ACT, 1919
| Section | Offence | Penalty |
|---|---|---|
| Section 4 | Import/possession/sale of poison contrary to rules | Imprisonment up to 6 months, or fine up to ₹500, or both |
Classic MCQ Figure
Poisons Act Section 4 = 6 months / ₹500 / both
VIII. ESSENTIAL COMMODITIES ACT, 1955 & DPCO
| Provision | Subject | Penalty / Recovery |
|---|---|---|
| Section 7, EC Act | Contravention of Section 3 order, including DPCO violations | Imprisonment 3 months → 7 years + fine; forfeiture may also apply |
| DPCO / NPPA | Overcharging | Recovery of overcharged amount + 15% p.a. interest |
Important Distinction
NPPA recovery = civil recovery
Section 7 EC Act = criminal penalty
IX. WHO CAN PROSECUTE / WHICH COURT?
| Act / Provision | Who can file complaint? | Trial forum |
|---|---|---|
| D&C — Chapter IV | Inspector / authorised Gazetted Officer / aggrieved person / recognised consumer association | Court of Session for serious offences; Magistrate for others |
| D&C — Chapter III & IVA | Same as above | Metropolitan / JM First Class |
| Pharmacy Section 41 | State Government / authorised officer / Executive Committee as applicable | Magistrate |
| Pharmacy Section 43 | Executive Committee as applicable | Magistrate |
| NDPS | Empowered officers under Sections 42/53 — police, NCB, Customs, Excise, etc. | Special Court — Sessions level |
X. HIGH-YIELD RECENT CHANGES — 2026
1. Jan Vishwas Act, 2023
Assent: 11 August 2023
D&C provisions effective: 31 December 2024
Pharmacy provisions: 13 June 2025
Minor/technical offences: imprisonment reduced/removed in specified provisions
Monetary penalties increased
D&C Section 29: ₹5,000 → ₹1,00,000
Pharmacy Section 41 first-offence fine: ₹500 → ₹1,00,000
Adjudicating officer mechanism introduced for specified Pharmacy Act violations.
2. Jan Vishwas Act, 2026
Assent: 7 April 2026
79 Central Acts
784 provisions
717 decriminalised
67 eased
D&C Section 27A(ii) → proposed civil adjudication
D&C Section 28A → proposed civil adjudication
Pharmacy Act → further modernisation
Not yet in force for the relevant health-sector provisions as of August 2026
3. MTP Amendment, 2021
20/24-week framework + Medical Boards + “any woman” principle.
4. NDPS Act
No Jan Vishwas dilution — stringent criminal framework remains.
XI. HIGH-YIELD SECTION NUMBER MAP
| Act | Section | One-word / One-line Recall |
|---|---|---|
| D&C | Section 13 | Import |
| D&C | Section 17 | Misbranded |
| D&C | Section 17A | Adulterated |
| D&C | Section 17B | Spurious |
| D&C | Section 27(a) | Death / grievous hurt |
| D&C | Section 27(b) | Adulterated / licence |
| D&C | Section 27(c) | Spurious |
| D&C | Section 27(d) | Other contravention / NSQ category |
| D&C | Section 27A | Cosmetics |
| D&C | Section 28 | Manufacturer disclosure |
| D&C | Section 28A | Documents / records |
| D&C | Section 28B | Section 26A |
| D&C | Section 29 | Analyst report advertising |
| D&C | Section 30 | Subsequent offence |
| D&C | Section 31 | Confiscation |
| D&C | Section 32 | Cognizance |
| D&C | Section 32B | Compounding |
| D&C | Section 34 | Companies |
| D&C | Section 36AB/36AE | Special Court |
| Pharmacy | Section 26A | Directions / adjudication |
| Pharmacy | Section 41 | False pharmacist claim |
| Pharmacy | Section 42 | Unregistered dispensing |
| Pharmacy | Section 43 | Registration certificate |
| Pharmacy | Section 43A | Adjudication |
| NDPS | Section 27 | Consumption |
| NDPS | Section 27A | Financing illicit traffic |
| NDPS | Section 29 | Abetment / conspiracy |
| NDPS | Section 31 | Enhanced punishment |
| NDPS | Section 31A | Death penalty provision |
| NDPS | Section 37 | Bail restrictions |
| NDPS | Section 64A | Immunity |
| MTP | Section 5 | Illegal termination / contravention |
| MTP | Section 5A | Foetus-related offence |
| MTP | Section 8 | RMP protection |
| Poisons | Section 4 | Poison contravention |
| EC Act | Section 7 | Section 3-order contravention |
XII. NUMERICAL PENALTY MASTER TABLE
| Provision | Number to Remember |
|---|---|
| D&C Section 27(a) | 10 years → Life + ₹10 lakh / 3× value |
| D&C Section 27(b) | 3–5 years + ₹1 lakh / 3× value |
| D&C Section 27(c) | 7 years → Life + ₹3 lakh / 3× value |
| D&C Section 27(d) | 1–2 years + ≥₹20,000 |
| D&C Section 27A(ii) | Up to 1 year / ₹20,000 / both |
| D&C Section 28 | Up to 1 year + ≥₹20,000 |
| D&C Section 28A | Up to 1 year / ≥₹20,000 / both |
| D&C Section 28B | Up to 3 years + ₹5,000 |
| D&C Section 29 | ₹1,00,000 |
| D&C Section 30 — repeat Section 27(c) | 10 years → Life + ≥₹3 lakh |
| Pharmacy Section 41 — first | ₹1 lakh |
| Pharmacy Section 41 — subsequent | 3 months / ₹2 lakh / both |
| Pharmacy Section 42 | 3 months / ₹2 lakh / both |
| Pharmacy Section 43 | ₹50 |
| NDPS commercial quantity | 10–20 years + ₹1–2 lakh |
| NDPS Section 27A | 10–20 years + ₹1–2 lakh |
| MTP Section 5(2) | 2–7 years RI |
| Poisons Section 4 | 6 months / ₹500 / both |
| EC Act Section 7 | 3 months → 7 years + fine |
| DPCO/NPPA | 15% p.a. interest |
XIII. TOP UPSC TRAPS
TRAP 01 — Jan Vishwas 2023 vs 2026
2023 = operative reforms
2026 = enacted but relevant health provisions not yet commenced
TRAP 02 — Spurious ≠ Decriminalised
Serious spurious/adulterated drug offences retain severe criminal punishment.
TRAP 03 — D&C Section 31
Confiscation
TRAP 04 — NDPS Section 31
Enhanced punishment
TRAP 05 — D&C Section 32
Cognizance
TRAP 06 — D&C Section 32B
Compounding
TRAP 07 — Pharmacy Section 41
False claim of registered pharmacist
TRAP 08 — Pharmacy Section 42
Unregistered dispensing
TRAP 09 — Pharmacy Section 43A
Adjudication
TRAP 10 — D&C Section 17B
Spurious drug
TRAP 11 — D&C Section 27(c)
Spurious drug penalty
TRAP 12 — Poisons Act Section 4
6 months / ₹500
TRAP 13 — Drugs & Magic Remedies
The proposed 5 years / ₹50 lakh figures are not current enacted law.
TRAP 14 — DPCO
NPPA recovery + 15% interest = civil recovery, separate from EC Act criminal punishment.
XIV. ONE-PAGE CONCEPTUAL MEMORY MAP
UPSC DRUG INSPECTOR
XV. FINAL LAST-TIME REVISION FORMULA
D&C ACT
27(a) → 10–Life → ₹10 lakh
27(b) → 3–5 → ₹1 lakh
27(c) → 7–Life → ₹3 lakh
27(d) → 1–2 → ₹20,000
28 → Manufacturer disclosure
28A → Documents
29 → ₹1 lakh
30 → Repeat offence
31 → Confiscation
32 → Cognizance
32B → Compounding
34 → Company
PHARMACY ACT
41 → False pharmacist claim
42 → Unregistered dispensing
43 → Certificate
43A → Adjudication
NDPS ACT
27 → Consumption
27A → Financing illicit traffic
29 → Conspiracy
31 → Enhanced punishment
31A → Death penalty provision
37 → Bail
64A → Immunity
MTP ACT
5 → Illegal termination
5A → Foetus-related offence
8 → RMP protection
OTHER
Poisons Section 4 → 6 months / ₹500
EC Act Section 7 → 3 months–7 years
DPCO → NPPA + 15% interest
XVI. SOURCES / STANDARD REFERENCES
India Code — Drugs and Cosmetics Act, 1940; Pharmacy Act, 1948; other Bare Acts.
Gazette of India Extraordinary, Part II, Section 1, No. 21 — 11 August 2023
S.O. 1577(E)
S.O. 5255(E)
PCI official notification — 13 June 2025
Jan Vishwas (Amendment of Provisions) Act, 2026 — Act No. 8 of 2026
PIB Release ID 2248831 — 3 April 2026
PRS Legislative Research
CDSCO — Central Drugs Standard Control Organisation
Drugs and Cosmetics (Compounding of Offences) Rules, 2024
FINAL 2026 EXAM MEMORY LINE
“2023 JAN VISHWAS = CURRENTLY OPERATIVE; 2026 JAN VISHWAS = ENACTED BUT NOT YET IN FORCE.”
“SPURIOUS / ADULTERATED SERIOUS OFFENCES = STRICT PENALTY.”
“SECTION 31 = CONFISCATION | SECTION 32 = COGNIZANCE | SECTION 32B = COMPOUNDING | SECTION 34 = COMPANY.”
“PHARMACY SECTION 41 = FALSE CLAIM | SECTION 42 = UNREGISTERED DISPENSING | SECTION 43A = ADJUDICATION.”
“NDPS = STRICT CRIMINAL LAW; NO JAN-VISHWAS DILUTION.”
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