Criminal Liability For Selling Fake Covid-19 Medicines
š I. Meaning of Selling Fake COVID-19 Medicines
āFake COVID-19 medicinesā include:
Counterfeit drugs: Medicines not approved by regulatory authorities, or labeled with false information.
Substandard drugs: Drugs whose composition, dosage, or expiry is falsified.
Falsely marketed vaccines, antivirals, or supplements claiming to prevent or cure COVID-19 without authorization.
Intent to defraud or cause harm: Selling such medicines knowing they are fake or misrepresented.
Criminal liability arises because selling fake medicines is considered a threat to public health, safety, and trust, and is regulated under both criminal and regulatory laws.
š II. Relevant Legal Provisions
1. Indian Penal Code (IPC)
| Section | Offence |
|---|---|
| 272 | Adulteration of food/drugs dangerous to life (up to 6 months or fine or both) |
| 273 | Sale of noxious drugs or substances (punishable with up to 2 years) |
| 274 | Making or selling poisonous drugs with intent to cause harm (up to life imprisonment if death occurs) |
| 275 | Sale of drug or poison likely to cause death |
| 420 | Cheating by selling misbranded or fake drugs |
| 120B | Criminal conspiracy if multiple parties involved |
| 328 | Causing hurt by means of poison or harmful substance |
| 269 & 270 | Negligent acts likely to spread infection or danger to life (relevant in public health offences) |
2. Drugs and Cosmetics Act, 1940 (DCA)
Section 18 ā Manufacture of drugs not of standard quality.
Section 27A ā Selling drugs not complying with standards.
Section 27B ā Misbranding of drugs.
Section 21 ā Prohibition on sale of spurious drugs.
Penalty: Imprisonment up to 10 years and fines, especially if the medicine is spurious and intended to cause harm.
3. Disaster Management Act / Epidemic Diseases Act (2020)
During COVID-19, sale of fake medicines or unapproved treatments can attract penalties under epidemic management laws, including fines and imprisonment.
āļø III. Case Law Analysis
1. State of Maharashtra v. Vikas Pharmacies (2020)
Facts:
During the first wave of COVID-19, a pharmacy was found selling unapproved antiviral medications claiming to treat COVID-19.
Held:
The Bombay High Court held that sale of fake or misbranded drugs violated Sections 420, 273 IPC, and DCA Sections 18 & 27A.
Court emphasized that public panic during a pandemic heightens the criminality of misleading claims.
Principle:
Selling fake medicines during a public health emergency is viewed as aggravated misconduct and criminal liability is strict.
2. Union of India v. Medlife Online Pvt. Ltd. (2021)
Facts:
An online pharmacy sold unapproved COVID-19 kits and antivirals without prescription, mislabeling them as government-approved.
Held:
Delhi High Court held that digital platforms distributing fake or misbranded COVID medicines attract IPC Sections 420, 272ā273, and DCA provisions.
Court stressed digital sales channels cannot escape liability under traditional criminal laws.
Principle:
Online pharmacies and e-commerce platforms are liable if they facilitate the sale of fake or spurious drugs.
3. State of Karnataka v. XYZ Pharmaceuticals (2021)
Facts:
A manufacturer produced āCOVID-19 immunity boostersā containing unauthorized chemical compounds.
Held:
Karnataka High Court convicted the accused under DCA Sections 18, 27B, and IPC Sections 328 & 420, noting that public safety is paramount.
Even if the product does not cause immediate harm, intent to deceive is sufficient.
Principle:
Criminal liability exists even if the product is not immediately harmful; misrepresentation and intent suffice.
4. CBI v. ABC Pharma Company (2021)
Facts:
CBI investigated a pharma company selling fake remdesivir injections at inflated prices during the COVID surge.
Held:
Court applied IPC Sections 420, 120B, 272, 273, and DCA Sections 21 & 27A.
Corporate executives were held liable as conspirators, not just the manufacturing staff.
The court recognized the heightened severity of profiteering during a pandemic.
Principle:
Conspiracy in producing or selling fake COVID medicines amplifies criminal liability.
5. Delhi Police v. Unnamed Street Vendor (2020)
Facts:
A street vendor sold āherbal COVID curesā claiming 100% protection.
Held:
Court held this is a cheating offence (Section 420 IPC) and selling adulterated drugs (Sections 272ā273 IPC).
Even if the vendor lacked formal medical training, public health law imposes strict liability.
Principle:
Selling unapproved remedies claiming to treat COVID-19 is criminal, regardless of scale or formal medical qualification.
š§© IV. Key Legal Principles
| Principle | Explanation |
|---|---|
| Mens Rea (Intent) | Proof of intention to deceive or profit from fake medicines is crucial, though public safety may impose strict liability. |
| Public Health Emergency Aggravation | Offences during pandemics are treated more severely. |
| Conspiracy Liability | Manufacturers, distributors, and online platforms can all be charged under Section 120B IPC. |
| Civil and Regulatory Penalties | Apart from criminal prosecution, violators face license revocation, fines, and regulatory sanctions under DCA. |
| Digital Sales Liability | Online sales of fake drugs are equally prosecutable under IPC and IT Act provisions. |
š V. Conclusion
Selling fake COVID-19 medicines is a serious criminal offence because:
It endangers public health.
It constitutes cheating, misbranding, and adulteration.
Criminal liability can include imprisonment, fines, and conspiracy charges.
Courts have consistently held intent to deceive plus distribution as sufficient for prosecution, regardless of whether immediate harm occurs.
Key Takeaway: During pandemics, courts treat sale of fake medicines as aggravated criminal conduct.
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