Product Liability Under the Consumer Protection Act, 2019 – Let the Manufacturer/Seller Beware!

November 2020
Region: Asia Pacific

Prelude – Product Liability and Consumer Protection Regime in India Prior to 2019

Prior to 2019, India did not have a specific legal regime relating to product liability, nor did it have a statutory regime of “lemon law” or a strict liability regime as in some other countries such as the United States.

A product liability claim was lodged within the existing laws of contract and tort. Absent a specific regime governing product liability, such claims were founded and derived from legislations such as: the Sale of Goods Act, 1930, the Consumer Protection Act, 1986, and the Indian Contract Act, 1872. Also, product liability was governed by a mixture of case law, both in the civil and criminal aspects, which led to much confusion and different approaches.