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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 noti cation in the Of cial Gazette, appoint.
De nitions.
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)] ‘Drug’ includes: A medicine for the internal or external use of: human beings or animals. 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
The diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals.
Any article, other than food, intended to:
Affect or in uence in any way the structure or; any organic function of the body of human beings or animals.
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)]
‘Magic remedy’ includes:
A talisman,
A mantra,
A kavacha,
Any other charm of any kind.
‘Any other charm of any kind’ are alleged to possess miraculous powers for or in:
The diagnosis, cure, mitigation, treatment, or prevention of any disease in human beings or animals.
Affecting or in uencing 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)] ‘Registered medical practitioner’ means any person who meets the criteria outlined below.
2.3-1 Holder of specified qualifications
A person is a registered medical practitioner if they hold a quali cation granted by an authority speci ed in, or noti ed under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916).
Alternatively, a person is a registered medical practitioner if they hold a quali cation speci ed in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956).
2.3-2 Entitlement to registration under State Law
A person is a registered medical practitioner if:
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)] ‘Taking any part in the publication of any advertisement’ includes the actions speci ed below.
2.4-1 Printing of advertisement
The printing of the advertisement is included in taking part in its publication.
2.4-2 Publication outside Act’s territorial scope by resident
The publication of any advertisement outside the territories to which this Act extends is included if:
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 : JULY 2025
EDITION : 2025 EDITION
ISBN NO : 9789371260251
NO. OF PAGES : 32
BINDING TYPE : PAPERBACK
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, provides the complete and updated text of the Act and Rules, thoroughly consolidated for the 2025 Edition. With clear section-wise notes, selected case law, and practical commentary, this Bare Act serves as an essential reference to India's legal framework on drug advertisements and the prohibition of misleading or magical remedy claims.
This book is intended for the following audience:
• Legal Practitioners, Advocates, and Judicial Officers
• Pharmaceutical Companies, Advertising Professionals, and Regulatory Officers
• Medical Professionals and Healthcare Institutions
• Students and Academics
• Policy Analysts, Consumer Rights Activists, and Media Houses
The Present Publication is the 2025 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, Fully Amended Statutory Text] Incorporates all amendments and notifications up to 2025
• [Latest Updates] Covers recent changes, territory extensions, and legal developments by the Supreme Court and High Court
• [Pre-amendment Provisions] Provides earlier text in footnotes for historical legal reference
• [Section-wise Notes and Practical Commentary] Explains each section's purpose, with interpretative and practical insights
• [Authoritative Case Law Summaries] Presents key judgments for better understanding and application
• [Comprehensive Coverage of Allied Rules] Includes all relevant rules, updated procedures, and schedules
• [Focus on Regulatory Compliance] Details safeguards, enforcement, and penalties for non-compliance
• [Useful Subject Index & Schedule] Facilitates easy navigation for prohibited diseases and conditions
• [Practical Utility] Ideal for court use, academic study, compliance, and research
