The poison Act, 1919 was passed on 3rd September , 1919, with a view to control the import, possession and sale of Poisons. It extends to whole of India but is not applicable to the state J&K. The Act of 1919 replaced the poison Act of 1904. The term “Poison” has not been defined under the Act. Under the Act, the central Govt. has been authorised to regulate the import of poison across, while the various State Govt. has been authorised to make rules regarding the possession and sale of poison within their respective territories.

1. Alok Kumar

2. Introduction
 The poison Act, 1919 was passed on 3rd September , 1919, with a view to
control the import, possession and sale of Poisons.
 It extends to whole of India but is not applicable to the state J&K.
 The Act of 1919 replaced the poison Act of 1904.
 The term “Poison” has not been defined under the Act.
 Under the Act, the central Govt. has been authorised to regulate the import
of poison across, while the various State Govt. has been authorised to
make rules regarding the possession and sale of poison within their
respective territories.
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3. IMPORT OF POISON
a) The import of Poison is permitted only by persons who have been granted
Licence for the purpose by the Central Govt.
b) Such persons may import across one of the defined custom frontiers and in
accordance with the condition of the licence.
c) The central Govt. may prohibit the importer of any specified poison across any
defined custom frontiers in to India.
d) The Central Govt. may make rules to regulate the grant of such licences.
 Power to prohibit importation into India of any poison except under
licence:
 The Central Government may, by notification in the Official Gazette, prohibit,
except under and in accordance with the conditions of a licence,
 The importation into cross any customs frontier defined by the Central
Government of any specified poison and, may by rule regulate the grant of
licences.
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4. Possession for sale and Resale of Poison
 The State Government may by rule regulate within the whole or any part of the
territories under its administration the possession for sale and the sale, whether
wholesale or retail, of any specified poison:
1. the grant of licences to possess any specified poison for sale, wholesale or retail, and
fixing of the fee (if any) to be charged for such licences;
2. the classes of persons to whom alone such licences may be granted;
3. the classes of persons to whom alone any such poison may be sold;
4. the maximum quantity of any such poison which may be sold to any one person;
5. the maintenance by vendors of any such poison of registers of sales, the particulars to
be entered in such registers, and the inspection of the same;
6. the safe custody of such poisons and the labelling of the vessels, packages or coverings
in which any such poison is sold or possessed for sale; and
7. the inspection and examination of any such poison when possessed for sale by any
such vendor.
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5. 1. The State Government may by rule regulate the possession of any
specified poison in any local area in which the use of such poison for
the purpose of committing murder or mischief by poisoning cattle
appears to it to be of such frequent occurrence as to render restrictions
on the possession thereof desirable.
2. The State Government may direct that any breach thereof shall be
punishable with imprisonment for a term which may extend to 01 year,
or with fine which may extend to 1000 Rs/-, or with both, together with
confiscation of the poison in respect of which the breach has been
committed, and of vessels, packages or covering in which the same is
found.
Power to regulate possession of any poison in certain areas:
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6. Penalties for offences
Offences Penalty
1. Anyone who either imports or
possesses or sells any poison,
expect as prescribed under the
Act.
03 months of imprisonment or a
fine up to Rs. 500 or both on first
conviction.
Imprisonment up to 06 months or
a fine up to Rs. 1000 or both on
any subsequent offence.
Issue of warrants:-
The District Magistrate, the Sub-Divisional Magistrate, the Commissioner of
the Police, may issue a warrant for the search of any place in which he has
reason to believe or to suspect that any poison is possessed or sold in
contravention of the Act or any rules there under.
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7. List A:
 Aconite, Aconine, Arsenic, Atropine, Belladonna, Cantharides, Chloral Hydrate,
Coca, Corrosive Sublimate, Potassium cyanide, Diamorphine (Heroin) Diethyl
Barbituric Acid, Digitalis, Ecogonine, Ergot of Rye, Lead, Nux Vomica,
Strychnine, Morphine, Pectrotoxine, Prussic Acid, Savin and it/s oils,
Stramonillan, Stropanthus, Stropanthin Tartar Emetic, Tetraethyl lead.
List B:
 Essential oil of Almonds (unless deprived of prussic acid) Antimonial wines
all salts of barium, except Barium sulphate, Tincture of Contharides, Carbolic acid,
Chloroform, Mercuric Sulphocyanide, Oxalic acid, Poppies, All oxides of
mercury, Sulphonal, Zinc chloride.
 Exemption from certain provisions of the Act is made for the poisonous
substances of list B.
The substances deemed to be poisonous are categorized
in this Act as:
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8. Alok Kumar