Section 34A of DCA : Section 34A: Offences By Government Departments

Explanation using Example

Imagine a scenario where a local health department, operating under government authority, is responsible for the distribution of vaccines. If this department distributes a batch of vaccines without ensuring they are stored at the correct temperature, as required by regulations under Chapter IV of the Drugs and Cosmetics Act, 1940, it could result in the vaccines being ineffective or harmful.

In such a case, the department could be held responsible for an offence under the Act. If no specific authority within the department was designated to ensure the proper handling of the drugs, the head of the department would be deemed guilty of the offence and could face legal proceedings and potential punishment for this oversight.

However, if the head of the department can demonstrate that the offence occurred without their knowledge and that they had taken all necessary precautions to prevent such an incident (exercising due diligence), they may not be held liable under Section 34A of the Act.