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Chapter X - Adjudication and Food Safety Appellate Tribunal

Section 77

Section 77: Time limit for prosecutions

A court ordinarily cannot take cognizance of an FSS Act offence after one year from commission.

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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

Notwithstanding anything contained in this Act, no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the date of commission of an offence: Provided that the Commissioner of Food Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years.

Key takeaways

1

Core rule

A court ordinarily cannot take cognizance of an FSS Act offence after one year from commission.

2

Practical check

Record the offence date, cognizance date and any written Commissioner extension; distinguish approval to prosecute from the court’s act of taking cognizance.

Scope and operation

The Commissioner may approve prosecution within an extended period up to three years, but must record reasons in writing.

Applying the section

Record the offence date, cognizance date and any written Commissioner extension; distinguish approval to prosecute from the court’s act of taking cognizance.

Official sources

Read the consolidated Act with the enacted and commenced amendments applicable to this section.

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Last updated 10 October 2026