#THE POISONS ACT, 1919 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and extent. 
2.  Power of the State Government to regulate possession for sale and sale of any poison. 
3.  Power to prohibit importation into the States of any poison except under licence. 
4.  Power to regulate possession of any poison in certain areas. 
5.  Presumption as to specified poisons. 
6.  Penalty for unlawful importation, etc. 
7.  Power to issue search warrants. 
8.  Rules. 
9.  Savings. 
10.  [Repealed.]. 



#THE POISONS ACT, 1919 

##ACT NO. 12 OF 1919
[^1]

[3rd September, 1919.] 

An Act to consolidate and amend the law regulating the importation, possession and sale of poisons

  WHEREAS it is expedient to consolidate and amend the law regulating the importation, possession and 
sale of poisons; It is hereby enacted as follows:— 

1. **Short title and extent.**—(1) This Act may be called the Poisons Act, 1919. 

(2) It extends to the whole of India: 

Provided that it shall not apply to the State of Jammu and Kashmir[^2] except to the extent to which the 
provisions of this Act relate to the importation into India of any specified poison.

2. **Power of the State Government to regulate possession for sale and sale of any poison.**—(1) 
The State Government may by rule regulate within the whole or any part of the territories under its 
administration the possession for sale and the sale, whether wholesale or retail, of any specified poison. 

(2) In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
provide for— 

  (a) the grant of licences to possess any specified poison for sale, wholesale or retail, and fixing of 
the fee (if any) to be charged for such licences ; 

  (b) the classes of persons to whom alone such licences may be granted; 

  (c) the classes of persons to whom alone any such poison may be sold; 

  (d) the maximum quantity of any such poison which may be sold to any one person; 

  (e) the  maintenance  by  vendors  of  any  such  poison  of  registers  of  sales,  the  particulars  to  be 
entered in such registers, and the inspection of the same; 

  (f) the  safe  custody  of  such  poisons  and  the  labelling  of  the  vessels,  packages  or  coverings  in 
which any such poison is sold or possessed for sale ; and 

  (g) the  inspection  and  examination  of  any  such  poison  when  possessed  for  sale  by  any  such 
vendor. 

3. **Power  to  prohibit  importation  into  the  States  of  any  poison  except  under  licence.**—The 
Central Government may, by notification in the Official Gazette, prohibit, except under and in accordance 
with the conditions of a licence, the importation into India across any customs frontier defined by the 
Central Government of any specified poison, and may by rule regulate the grant of licences. 

[^1]. This Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955. 

This Act has been extended in its application  to:- 

(1) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch.; 
(2) the whole of the Union territory of Lakshadweep (w.e.f. 1-10-1965): vide Reg. 8 of 1965, s. 3 and the Sch.: and 
(3) the Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch. 

[^2]. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh. 

 
                                                           
4. **Power to regulate possession of any poison in certain areas.**—(1) The State Government 
may by rule regulate on the possession of any specified poison in any local area in which the use of such 
poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such 
frequent occurrence as to render restrictions on the possession thereof desirable. 

(2)  In  making  any  rule  under  sub-section  (1),  the  State  Government  may  direct  that  any  breach 
thereof  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,  together  with  confiscation  of  the  poison  in 
respect of which the breach has been committed, and of the vessels, packages or coverings in which the 
same is found. 

5. **Presumption as to 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. 

6. **Penalty for unlawful importation, etc.**—(1) Whoever— 

  (a) commits a breach of any rule made under section 2, or 

  (b) imports without a licence into India across a customs frontier[^5] defined by the Central 
Central  Government any  poison  the  importation  of  which  is  for  the  time  being  restricted  under 
section 3, or 

  (c) breaks  any  condition  of  a  licence  for  the  importation  of  any  poison  granted  to  him  under 
section 3, 

shall be punishable, — 

     (i) on a first conviction, with imprisonment for a term which may extend to three months, or with 
fine which may extend to five hundred rupees, or with both, and 

     (ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six 
months, or with fine which may extend to one thousand rupees, or with both. 

(2) Any poison in respect of which an offence has been committed under this section, together with 
the vessels, packages or coverings in which the same is found, shall be liable to confiscation. 

7. **Power to issue search warrants.**—(1) The District Magistrate, the Sub-divisional Magistrate and, 
in  a  presidency-town,  the  Commissioner  of  Police,  may  issue  a  warrant  for  the  search  of  any  place  in 
which he has reason to believe or to suspect that any poison is possessed or sold in contravention of this 
Act or any rule thereunder, or that any poison liable to confiscation under this Act is kept or concealed. 

(2) The  person  to  whom  the  warrant  is  directed  may  enter  and  search  the  place  in  accordance 
therewith, and the provisions of the [^6]Code of Criminal Procedure, 1898 (5 of 1898), relating to search-
warrants shall, as far as may be, be deemed to apply to the execution of the warrant. 

8. **Rules.**—(1)  In  addition  to  any  other  power  to  make  rules  hereinbefore  conferred the  State 
Government  may  make  rules  generally  to  carry out the purposes and objects of this Act except 
section 3. 

[^5]. For definition of the customs frontiers of India, see Gazette of India, 1955, Pt. II, sec. 3, p. 1521. 
[^6]. See now the Code of Criminal Procedure, 1973 (2 of 1974). 

 
 
(2) Every  power  to  make  rules  conferred  by  this  Act  shall  be  subject  to  the  condition  of  the  rules 
being made after previous publication. 

(3) All  rules  made  by  the  Central  Government  or by  the  State  Government  under  this  Act  shall  be 
published in the Official Gazette and on such publication shall have effect as if enacted in this Act. 

(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after 
it is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. rule. 

(5) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is 
made, before the State Legislature.

9. **Savings.**—(1) Nothing in this Act or in any licence granted or rule made s thereunder shall extend 
to, or interfere with, anything done in good faith in the exercise of his profession as such by a medical or 
veterinary practitioner. 

(2) Notwithstanding anything hereinbefore contained, the State Government may by general or 
special order declare that all or any of the provisions of this Act except section 3 shall be deemed not to 
to apply to any article or class of articles of commerce specified in such order, or to any poison or class of 
poisons used for any purpose so specified. 

(3) The authority on which any power to make rules under this Act is conferred may, by general or 
special order, either wholly or partially— 

  (a) exempt from the operation of any such rules, or 

  (b) exclude from the scope of the exemption provided by sub-section (1), 

any person or class of persons either generally or in respect of any poisons specified in the order. 

10. *[Repeal of Act 1 of 1904.] Rep.by the Repealing Act,* 1927 (12 of 1927).