This presentation is a brief about Drugs And Cosmetics Act With Respect to Forensic Significance.

1. Sam Higginbottom University Of Agriculture,Technology And Science
•Topic-DrugsAnd CosmeticsActWith Respect to Forensic Significance
•PresentedTo; Presented By;
Department of forensic science Pallavi kumari
ID; 19MSFS001

2. CONTENT
 Introduction
 Objective
 Provisions of act
 Drugs:adulterated,misbranded & spurious drugs
 Import of drugs and cosmetics
 The central drug laboratory
 Cosmetic:misbranded & spurious cosmetics
 Prohibition of manufacture of drugs and cosmetics
 Penalties related to manufacture of drugs and import of drugs
 Penalty for manufacture,sale,etc..,of cosmetics
 Drug related crime
 Identification of fake drugs

3. Introduction
The act is divided into 5 chapters containing 38 sections.
Section 1.Short title,extend and commencement-this
act may be called the Drugs and Cosmetics Act,1940
Drugs and cosmetics act –passed-10th April 1940
Rules under the act-1945
Reason why this act was passed?

4. OBJECTIVE
• The drug and cosmetic act was passed in 10th April 1940,with the
main object to
Import
Manufacture
Distribution &
Sale of drug & cosmetics.

5. The drug and cosmetic act 1940 regulates the import of drugs
in india,so that no substandard or spurious drug will enter into
our country.
The act provide for the control over the sale & distribution of
drugs by only trained & qualified persons.
The act also provide for the control over the manufacture,sale
& distribution of Ayurveda,siddha,unani & homeopathic drugs.

6. To prescribe the manner of labelling and packing of the various classes of drugs and cosmetics.
To have control over the standards of drugs and cosmetics by taking samples and analysing them at
approved laboratories.
To have regular inspection of licensced premises by drug inspectors.
Certain provisions of the act regulates the import,manufacture,sale & distribution of cosmetics.

8. The central drug laboratory
The act provides regulation for the establishment of a central drug laboratory
under the control of a director appointed by central government.
The laboratory established in Calcutta under the act executive the following
functions;
i. To analyyze or test samples of drugs or cosmetics sent to it by cosmetics
collectors or courts.
ii. To carry out such other duties given by the central government or with its
permission,by state goverments,after consulations with DTAB.(drug technical
advisory board).

9. COSMETICS
MISBRANDED COSMETIC
According to section 9C of chapter III
If it contains a colour which is not
prescribed,
If it is not labelled in a prescribed
manner,etc
SPURIOUS COSMETIC
According to section 9D of
chapter III
If it is imported under the
name which belongs to
another cosmtic;or
If it purports to be the product of a
manufacture of whom it is not
truly a product.

10. DRUGS
• According to section 3(b),”Drug” includes-
All medicine for internal or external use of human beings or animals and all
substances intended to be used for or in the diagnosis,treatment,or
prevention of any disease or disorder in human beings or animals.
Such substances (other than food) intended to effect the structure or any
function of human body or intended to be used for the destruction of
insects which cause disease in human beings or animals.

11. MISBRANDED DRUGS
• According to section 9 of chapter III,a drug shall be deemed to
be misbranded-
If it is so coloured,coated,powdered or polished that damage is
concealed; or
If it is not labelled in the prescribed manner; or
If its label or container or anything accompanying the drug bears
any statement,design or device which makes any false claim for
the drug or which is false or misleading in any particular.

12. Adulterated Drugs
• According to section 9A of chapter III,a drug shall be deemed to
be adultrated:
If it consists,in whole or in part,of any filthy,putrid or
decomposed substance;or
If it has been prepared,packed or stored under insanitary
conditions whereby it may have been contaminated with filth or
whereby it may have been rendered injurious to health.
Example-supply of cheap cottonseed oil in place of olive oil.

13. SPURIOUS DRUGS
According to section 9B of chapter III,a drug shall be deemed to
be spurious,
 If it is imported under a name which belongs to another drug.
If it has been substituted wholly or in part by another drug or
substance.
If it purports to be the product of a manufacture of whom it is
not truly a product.

14. Prohibition of Import of drugs or
cosmetics
According to section 10,from such date as may be fixed by the central government
by notification in the official gazette in this behalf,no person shall import-
Any drug or
cosmetic which
is not of
standard
quality.
Any
misbranded
drug or
misbranded or
spurious
cosmetic;
Any
adulterated or
spurious drug;
Any cosmetic
containing any
ingredient which
may render it unsafe
or harmful for use
under the directions
indicated or
recommendated.

15. Offences
According to section 13(1),whoever himself or by any other person on his behalf imports-
a. Any drug deemed to be adulterated under section 9A or deemed to be a spurious drug
under section 9B or any spurious cosmetic referred to in section 9D or any cosmetic of
the nature referred to in clause(e) of section 10 shall be punishable with imprisonment
for a term which may extend to three years and a fine which may extend to five
thousand rupees.
b. Any drug or cosmetic other than a drug or cosmetic referred to in clause(a),the import
of which is prohibited under section 10,or any rule made under this chapter shall be
punishable with imprisonment for a term which may extend to six months,or with fine
which may extend to five hundred rupees,or with both.

16. Prohibition of manufacture and sale of
certain drugs and cosmetics
According to section 18,from such date as may be fixed by the state government
by notification in the official gazette in this behalf,no person shall himself or by
any other person on his behalf-
a. Maufacture for sale or for distribution,or sell,
i. Any drug which is not of a standard quality,or is misbranded,adulterated or
spurious;
ii. Any cosmetic which is not of a standard quality or is misbranded or spurious
iii. Any cosmetic containing any ingredient which may render it unsafe or harmful
for use under the directions indicated or recommended.

17. Penalties related to manufacture
Offences
1. Manufacture of any
spurios drugs
2. Manufacture of
adulterated drugs
penalties
i. 1-3 years imprisonment and Rs 5000 fine’
ii. 2-3 years imprisonment and Rs 10,000 fine
on subsequent conviction.
i. 1 year imprisonment & Rs3000 fine.
ii. 2 years imprisonment & Rs 2000 fine

18. Penalties related to import
Offences
1. Import of spurious or
adulterated drug or drug which
involves risk to human beings.
2. Contravention of the provision.
Penalties
i. 3 years imprisonment & 500 Rs,fine on first
conviction.
ii. 5 years imprisonment or 1000Rs,fine or both for
subsequent conviction.
i. 6 months imprisonment or Rs500 fine or both
for first conviction.
ii. 1 year imprisonment or 1000Rs.fine for
subsequent offence.

19. Penalty for manufacture,sale,distribution of
cosmetics
According to section 27A,whoever himself or by any other person on his behalf
manufactures for sale or for distribution,or sells,or stocks,or offers for sale-
I. Any cosmetic deemed to be spurious under section 17C shall be
punishable with imprisonment for a term which may extend to three
years and with fine;
II. Any cosmetics other than a cosmetic referred to in clause(1),
shall be punishable with imprisonment for a term which may extend to
one year or with fine which may extend to one thousand rupees or with both.

20. Drug related crime
A drug related crime is a crime to possess,manufacture,or distribute drugs
classified as having a potential for abuse(such as cocaine,heroin,morphine,etc).
Drugs are also related to crime as drug trafficking and drug production are often
controlled by drug cartels,organised crime and gangs,
Drug abuse and addiction is associated with drug related crimes.
Benzodiazepines have been used as a tool of murder by serial killers,and other
murderes.
Nowdays,non benzodiazipines drugs(z-drugs) are also use by the criminals to use
for difficult illegal purpose that may incorporate the child abuse,drug facilitated
sexual assault(DFSA) and so on.

21. Identification of fake drugs
COLOUR
BATCH/LOT
PACKAGING
PATTERN