Important Features of The Poison Act 1919

The Poison Act 1919

Introduction

• The Poison Act was first passed in 1904. But, the rules under it were not sufficient to control the trafficking of Poisons.
• The United Provinces (now Uttar Pradesh) government in 1910 as well as 1914 proposed some radical amendments to make it more effective.
• This view was supported by many local governments.
• Thus, Poisons Act of 1904 was replaced by Poisons Act, 1919.
• It is implemented in whole of India except Jammu &Kashmir.
• The Poisons Act, 1919 was passed with a view to control the Import, Possession & Sale of poisons.
• According to this act, Central govt. is authorized to regulate import of poisons and State govt. is authorized  to regulate, possession, possession for sale and sale of poisons within their respective areas.

Need of the Poison Act 1919

• To avoid the malpractice of poison in case of using it to kill a person or animal (mixing poison with fodder of cattle).
• To avoid any sort of mischief.
• If the poison at certain dose is used in treatment then to avoid self medication by people.
• To provide controlled medication by Registered Medical Practitioner.
• Also to prevent illegal sale of poisons in the country or from another country or to another country.

Attempt: The Poison Act 1919 MCQ

Objectives of the Poison Act 1919

• To regulate and control the import, possession, and sale of poisons.
• To tighten the control over traffic in poison.

Possession, Possession for Sale and Sale of Any Poison:

Possession for sale and sale of any poison:

• State govt. may regulate the possession for sale and the sale whether wholesale or retail of any specified poison.
• The grant of licenses for the possession for sale, wholesale or retail of any specified poison and fixing of fees to be charged for licenses.
• The classes of persons to whom the licenses for the possession for sale and sale of poisons are to be granted.
• The maximum quantity of any poison that may be sold to a person.
• Maintenance of the registers for the sale of poisons and inspection of the same.
• Safe custody of poisons and the labeling of the vessels, coverings o packages in which such poisons are sold or stored for sale.
• Inspections and examinations of any such poison possessed for sale by any vendor.    

Possession of any poison:

• The State Govt. has the power to make rules regarding the possession of any specified poison in the local area where such poison can be used for murders or for Poisoning cattle and in the local area where such occurrences are very frequent.
• Any break of this is punishable with imprisonment up to 1 yr, or with a fine up to Rs. 1000/- or with both, together with confiscation of the poison in respect of which the breach has been committed.

Import of Poisons

Import of specified poison is allowed only under and in accordance with the conditions of a license, the central government may regulate the grant of such licenses.

Offences & Penalties in The Poison Act 1919

• Unlawful possession for sale and sale of poison.
• Importation without a license of any  poison the importation of which is  for the time being restricted by central govt.
• Breach of any condition of a license for the importation of any poison granted to him are punishable .

With the imprisonment up to 3 months or with a fine up to Rs. 500/- or with both, on a first conviction, and

With imprisonment up to 6 months or with a fine up to Rs. 1000/- or with both, on a second or subsequent conviction.

List of Poisons

List A:

Aconite, Aconine, Arsenic, Atropine, Belladonna, Digitalis, Nux Vomica, Morphine Etc.

List B:

Essential Oil Of Almonds, Chloroform, Oxalic Acid Etc.

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