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DRUGS AND MAGIC REMEDIES
15. Power to exempt from application of Act 17
16. Power to make rules 18 SCHEDULE 18 SUBJECT INDEX 21
DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES, 1955
1. Short title and commencement 23
2. Definitions 23
3. Scrutiny of misleading advertisements relating to drugs 24
4. Procedure to be followed in prohibiting import into, and export from India of certain advertisements 24
5. Manner in which advertisements may be sent confidentially 25
6. Prohibition of advertisement of drugs for treatment of disease, etc. 25 SCHEDULE 25
Drugs and Magic Remedies (Objectionable
Advertisements) Act, 1954
[21 OF 1954]1
An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith.
Be it enacted by Parliament as follows:—
Short title, extent and commencement.
1. (1) This Act may be called the Drugs and Magic Remedies (Objectionable Advertisements) Act, 19542
(2)It extends to the whole of India 3[***], and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories.
(3)It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) ‘advertisement’ includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke;
(b) ‘drug’ includes—
(i) a medicine for the internal or external use of human beings or animals;
1. Dated 30-4-1954.
2. The Act has been extended to Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation 1963, w.e.f. 1-7-1965 and to Pondicherry by the Pondicherry (Laws) Regulation, 1963 w.e.f. 1-10-1963; Goa, Daman and Diu by the Goa, Daman and Diu (Laws) No. 2 Regulation, 1963, w.e.f. 1-7-1965 and to Sikkim with modifications w.e.f. 1-11-1989, vide Notification No. S.O. 852(E), dated 26-10-1989.
3. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.
4. Enforced with effect from 1-4-1955 vide Notification No. S.R.O. 511, dated 26-2-1955.
S. 2
DRUGS AND MAGIC REMEDIES ACT, 1954 2
(ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals;
(iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals;
(iv) any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (ii) and (iii);
(c) ‘magic remedy’ includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;
5[(cc) ‘registered medical practitioner’ means any person,—
(i) who holds a qualification granted by an authority specified in, or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916)* or specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956)*; or
(ii) who is entitled to be registered as a medical practitioner under any law for the time being in force in any State to which this Act extends relating to the registration of medical practitioners;]
(d) ‘taking any part in the publication of any advertisement’ includes—
(i) the printing of the advertisement;
(ii) the publication of any advertisement outside the territories to which this Act extends by or at the instance of a person residing within the said territories.
(e) 6[***]
SECTION NOTES
COMMENTS
2.1 Definition of “Drug” [Section 2(b)]
u ‘Drug’ includes:
n A medicine for the internal or external use of:
l human beings or animals.
n Any substance intended to be used for or in:
5. Inserted by the Drugs and Magic Remedies (Objectionable Advertisements) Amendment Act, 1963, w.e.f. 7-12-1963.
6. Omitted, ibid. Prior to its omission, clause (e) read as under: “(e) ‘venereal disease’ includes syphilis, gonorrhoea, soft chancre, venereal granuloma and lympho granuloma.”
*Now repealed.
DRUGS AND MAGIC REMEDIES ACT, 1954 S. 2
l The diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals.
n Any article, other than food, intended to:
l Affect or influence in any way the structure or; any organic function of the body of human beings or animals.
n Any article intended for use as a component of any medicine, substance, or article, referred to in sub-clauses (i), (ii), and (iii).
2.2 Definition of “Magic Remedy” [Section 2(c)]
u ‘Magic remedy’ includes:
n A talisman,
n A mantra,
n A kavacha,
n Any other charm of any kind.
u ‘Any other charm of any kind’ are alleged to possess miraculous powers for or in:
n The diagnosis, cure, mitigation, treatment, or prevention of any disease in human beings or animals.
n Affecting or influencing in any way the structure or any organic function of the body of human beings or animals.
2.3 Definition of “Registered Medical Practitioner” [Section 2(cc)]
u ‘Registered medical practitioner’ means any person who meets the criteria outlined below.
2.3-1 Holder of specified qualifications
u A person is a registered medical practitioner if they hold a qualification granted by an authority specified in, or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916).
u Alternatively, a person is a registered medical practitioner if they hold a qualification specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956).
2.3-2 Entitlement to registration under State Law
u A person is a registered medical practitioner if:
n They are entitled to be registered as a medical practitioner under any law for the time being in force in any State to which this Act extends, relating to the registration of medical practitioners.
2.4 Definition of “Taking any part in the publication of any advertisement” [Section 2(d)]
u ‘Taking any part in the publication of any advertisement’ includes the actions specified below.
2.4-1 Printing of advertisement
u The printing of the advertisement is included in taking part in its publication.
2.4-2 Publication outside Act’s territorial scope by resident
u The publication of any advertisement outside the territories to which this Act extends is included if:
n It is done by or at the instance of a person residing within the said territories.
DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT 1954 WITH DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) RULES 1955 – BARE ACT WITH SECTION NOTES
AUTHOR : Taxmann's Editorial Board
PUBLISHER : Taxmann
DATE OF PUBLICATION : January 2026
EDITION : 2026 Edition
ISBN NO : 9789371265942
NO. OF PAGES : 32
BINDING TYPE : Paperback
Rs. 85
DESCRIPTION
Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, with Drugs and Magic Remedies (Objectionable Advertisements) Rules 1955 [Bare Act with Section Notes] by Taxmann is a focused statutory publication presenting India's legal framework regulating and prohibiting misleading, deceptive, and unethical advertisements relating to drugs and so-called 'magic remedies.' The 2026 Edition contains the complete, updated text of the Act and Rules, supplemented with section-wise notes, key judicial interpretations, and concise annotations. It explains the practical operation of the law at the intersection of public health protection, consumer safety, advertising regulation, and enforcement, making it a dependable reference for regulatory and compliance use.
This publication is intended for a wide spectrum of legal, regulatory, and professional users, including:
• Advocates & Legal Practitioners
• Pharmaceutical & Healthcare Companies
• Regulatory Authorities & Drug Inspectors
• Advertising Agencies & Media Houses
• Compliance Officers & In-house Legal Teams
• Judges, Judicial Officers & Law Students
• Academics & Researchers
The Present Publication is the 2026 Edition, covering the amended and updated text of the Drugs and Magic Remedies (Objectionable Advertisements) Act [Act No. 21 of 1954] and Rules, with the following noteworthy features:
• [Verbatim, Updated Statutory Text] Complete and authentic text of the Act and Rules as in force
• [Updated for 2026] Reflects amendments, notifications, territorial extensions, and consequential changes
• [Pre-amendment Footnotes] Earlier versions of amended provisions reproduced for historical and transitional clarity
• [Section-wise Notes] Clear explanatory notes outlining scope, intent, conditions, and practical implications
• [Key Judicial Rulings] Selected Supreme Court and High Court decisions explaining interpretation and enforcement
• [Integrated Rules & Procedures] Full coverage of the 1955 Rules, schedules, and compliance mechanisms
• [Enforcement Focus] Coverage of penalties, cognisable offences, search and seizure, forfeiture, and company liability
• [Schedule & Subject Index] Quick reference to prohibited diseases, disorders, and statutory provisions
• [Practical Utility] Suitable for litigation, compliance checks, academic reference, and policy analysis
