Section 71 of The Protection of Plant Varieties and Farmers Rights Act, 2001
Any person who sells, or exposes for sale, or has in his possession for sale or for any purpose of trade or production of any variety to which any false denomination is applied or to which an indication of the country or place in which such variety was made or produced or the name and address of the breeder of such variety registered under this Act has been falsely made, shall, unless he proves--
- (a)that having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the denomination of such variety or that any offence had been committed in respect of indication of the country or place in which such variety registered under this Act, was made or produced or the name and address of the breeder of such variety;
- (b)that, on demand by or on behalf of the prosecutor, he gave all the information in his possession with respect to the person from whom he obtained such variety; or
- (c)that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.
Summary
- It penalizes the selling, exposing for sale, or possessing for sale of any variety with a false denomination.
- It punishes possessing or selling a variety with a false country, place, or breeder name and address.
- It provides a legal defense for sellers who took all reasonable precautions and had no reason to suspect the name was fake.
- It provides a defense if the seller names and gives details about the person from whom they obtained the seeds.
- It provides a general defense for any seller who can prove they otherwise acted completely innocently.
- It sets a penalty of imprisonment from six months to two years, a fine of fifty thousand rupees to five lakh rupees, or both.
Practical examples
FAQ
1. What is the penalty for selling seeds with a false variety name under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001, selling or possessing such seeds for trade is punishable with imprisonment from six months to two years, a fine from fifty thousand rupees to five lakh rupees, or both.
2. How can a shopkeeper defend themselves against a false label charge under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001, a seller can defend themselves by proving they took reasonable precautions, had no reason to doubt the label, gave the prosecutor information about where they bought the seeds, or otherwise acted innocently.
3. Does possessing false variety seeds for production trigger a penalty under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001, having such a variety in one's possession for sale, trade, or production triggers the same penalty as selling it.
Test yourself
Q1.Under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is the minimum imprisonment term for selling a variety with a false denomination, if no defenses are proved?
Q2.Under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is NOT a legal defense for a seller accused of trading a variety with a false breeder address?
Q3.How do the minimum jail terms compare for applying a false denomination under Section 70 versus selling such a variety under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Q4.Under Section 71 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is the maximum fine for a person who exposes for sale a variety with a false indication of the country of origin?