POISONS ACT, 1919
On 3 September 1919, the Poisons Act (Act No. 12 of 1919) was passed to combine and amend laws associated with the regulation of import, possession, and sale of poisons. The rules under this Act are followed throughout India except the State of Jammu and Kashmir (exemption being provisions relating to importation of any specified poison into India). As per the Act, the Central Government is authorised to regulate the import of poisons in India, while State Governments are authorised to make rules for the possession and sale of poison within their respective territories.
OBJECTIVES OF THE ACT
- To prohibit the unlawful use of poisons and to control their possession and sale inside the nation.
- To ensure that certain poisons are identified and supplied exclusively by authorised dealers to safeguard the general public from harmful effects of hazardous substances.
- To create sanctions for unlawful possession or sale of poisons to discourage such behavior.
- To mandate that a register containing the name and address of the purchaser is kept of all poisons sold, in order to trace the sale and use of these drugs.
- To stop the improper use of poisons and shield the public from the harmful effects of hazardous chemicals.
DEFINITIONS UNDER THE ACT
- Poison: Any substance which, if used or applied in a certain way, would be likely to cause death, injury, or damage to health.
- Specified Poisons: Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act.
IMPORT OF POISONS
The Central Government is authorised to forbid the import of any poison into India if not having a licence. The Act holds authority to regulate the storing of any poison in certain areas. A rule or notification issued under this Act specifying any substance as a poison is deemed to be a poison for the Act’s purposes.
POSSESSION OF POISONS
The State Government may regulate the possession of a specific poison in any local area where poison is frequently used for committing murder or mischief by poisoning cattle. This is done to impose restrictions on possession by local citizens. They may direct that those who fail to abide by the law will be punishable with imprisonment for one year or with fine up to ₹1,000, or both. Also, the poison will be seized in respect of which the breach has been committed, along with the vessels, packages, or coverings in which the poison is found.
POSSESSION FOR SALE AND SALE OF POISONS
- The State Government may legalise either whole or any area of the territories in its administration for the sale (whether wholesale or retail) of specified poison.
- The rules under this Act may provide for:
- The grant of licences for possessing specified poison for sale (wholesale or retail) and fees for such licences.
- The classes of persons to whom only these licences may be issued.
- The classes of persons to whom only the specified poison may be sold.
- The maximum quantity of specified poison for sale to a single person.
- The maintenance of sales registers by vendors possessing such poison for sale (all details must be registered and inspected).
- Safe custody of poison with proper labelling over vessels, packages, or coverings holding the poison for sale.
- Inspection and examination of any such poison for sale contained by the vendor.
ISSUE OF WARRANTS
If it is believed that any poison is possessed or sold in contravention of the Act, the District Magistrate, the Sub-Divisional Magistrate, and the Commissioner of Police in a presidency town may issue a warrant for investigation of a particular area for any poison that is kept secretly. The in-charge of the warrant may enter and search the place according to the provisions stated in the Code of Criminal Procedure related to search warrants.
RULES PRESCRIBED BY THE STATE GOVERNMENT UNDER POISONS ACT, 1919
- Apart from other authorities that make rules, the State Government also enforces rules to achieve the objectives of this Act.
- Every power constructing rules consulting this Act should frame them as per the condition of the rules stated after previous publication.
- The rules established by the Central or State Government under this Act should be published in the Official Gazette.
- Every rule that the Central Government frames under this Act should be applied quickly, before each House of Parliament, having a session for a period of thirty days (in one session or in two or more successive sessions). Prior to the expiry of the session, in the upcoming session or in successive sessions, both Houses should either agree to changes in the rule or conclude that the rule should not be made. Any modifications or termination shall be done without affecting the validity of actions made as per the previous rule.
- Every rule of the State Government under this Act should be laid before the State Legislature as early as possible.
OFFENCES AND PENALTIES
The Poisons Act states that any person or organisation that either imports, possesses, or sells specified poison violating the prescribed rules shall be punishable.
| Conviction | Imprisonment | Fine |
|---|---|---|
| First Conviction | Up to 3 months | Up to ₹500 |
| Subsequent Conviction | Up to 6 months | Up to ₹1,000 |
The court may award imprisonment or fine or both.
SUMMARY TABLE
| Particular | Details |
|---|---|
| Act Name | Poisons Act, 1919 (Act No. 12 of 1919) |
| Passed on | 3 September 1919 |
| Applicability | Throughout India except Jammu & Kashmir (import provisions) |
| Import Regulation | Central Government |
| Possession & Sale Regulation | State Government |
| Possession Penalty (State regulated areas) | 1 year imprisonment or fine up to ₹1,000 or both + seizure of poison |
| First Conviction Sale/Possession Offence | 3 months imprisonment or fine up to ₹500 or both |
| Subsequent Conviction | 6 months imprisonment or fine up to ₹1,000 or both |
Dr. Saint Paul is a pharmacy educator, Pharm.D graduate, and academic content creator from Jawaharlal Nehru Technological University Kakinada (JNTUK), where he completed his Doctor of Pharmacy (Pharm.D) degree between 2015 and 2021.
He has more than 7 years of experience creating pharmacy educational content, writing study materials, and reviewing academic articles for pharmacy students. He has also contributed guest articles to pharmacy education platforms, including PharmD Guru.
At D.PharmGuru, his work focuses on simplifying complex Diploma in Pharmacy (D.Pharmacy) subjects into easy-to-understand notes, practical explanations, and exam-oriented educational resources for students across India.
His areas of focus include Human Anatomy and Physiology, Pharmaceutics, Pharmacology, Pharmaceutical Chemistry, Hospital and Clinical Pharmacy, and other core D.Pharmacy subjects.
