Central

Section 7 of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

Whoever contravenes any of the provisions of this Act 1[or the rules made thereunder] shall, on conviction, be punishable--

(a)in the case of the first conviction, with imprisonment which may extend to six months, or with fine, or with both;
(b)in the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both.

Summary

Anyone who breaks any part of this Act or any rules made under it will face punishment upon being found guilty by a court.
For a first-time conviction, the court can sentence the person to prison for a period of up to six months.
A first-time conviction can also result in a fine, or the court can order both a fine and prison time.
If a person is convicted again for a subsequent offence, the maximum prison term increases to one year.
A subsequent conviction can also carry a fine, or both prison time and a fine.

Practical examples

1Ramesh was convicted on October 12, 2025, for advertising a fake cure for diabetes in a newspaper. Since it was his very first offence, the judge sentenced him to three months in prison and ordered him to pay a fine of 5,000 rupees.

2Sunita had already been convicted in 2024 for advertising a magic remedy. On April 5, 2026, she was caught running another illegal advertisement for a cure. Because this was her second conviction, the court gave her a tougher sentence of nine months in prison and a fine of 10,000 rupees.

FAQ

1. What happens if someone breaks the rules or provisions of this Act?

They can be prosecuted and, if convicted by a court, punished with prison time, a fine, or both.

2. What is the maximum prison sentence for a first-time conviction?

The prison term for a first conviction can extend up to six months.

3. What is the maximum prison sentence if someone is convicted for a second or subsequent time?

For a subsequent conviction, the prison term can extend up to one year.

4. Does the penalty apply to breaking the rules of the Act as well?

Yes, the penalty applies to anyone who breaks the provisions of the Act or any rules made under the Act.

Test yourself

Q1.What is the maximum prison term for a first conviction under Section 7?

Q2.What is the maximum prison term for a subsequent conviction under Section 7?

Q3.Besides prison, what other punishment can a court give for a first conviction?

Q4.Under Section 7, what must happen before a person can be punished with these penalties?

Q5.Which of the following can lead to a penalty under Section 7?

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Central

Section 7 of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

Whoever contravenes any of the provisions of this Act 1[or the rules made thereunder] shall, on conviction, be punishable--

(a)in the case of the first conviction, with imprisonment which may extend to six months, or with fine, or with both;
(b)in the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both.

Summary

Anyone who breaks any part of this Act or any rules made under it will face punishment upon being found guilty by a court.
For a first-time conviction, the court can sentence the person to prison for a period of up to six months.
A first-time conviction can also result in a fine, or the court can order both a fine and prison time.
If a person is convicted again for a subsequent offence, the maximum prison term increases to one year.
A subsequent conviction can also carry a fine, or both prison time and a fine.