By S&S Co. Advocates & Solicitors · Published 15 September 2026 · Informational content, not legal advice — see our disclaimer
A Codified Regime, for the First Time
Before the Consumer Protection Act, 2019, a claim over harm caused by a defective product in India was generally pursued through the general law of tort (negligence) or under the earlier Consumer Protection Act, 1986's broader "deficiency in service" and "defect in goods" concepts — there was no dedicated, codified product liability chapter setting out who could be sued, on what basis, and what defences were available. Chapter VI of the 2019 Act, Sections 82 to 87, changed that by introducing a specific, structured product liability regime, sitting alongside (not replacing) the Act's general provisions on defective goods and deficient services.
Who Can Be Held Liable
The Act identifies three categories of potentially liable party: the product manufacturer, the product seller (a person who, other than as a manufacturer, is involved in placing the product for sale, use or consumption in the ordinary course of business), and the product service provider (a person who provides a service in connection with the product). Liability under Chapter VI can arise from a manufacturing defect, a design defect, a deviation from manufacturing specifications, a failure to conform to an express warranty, a failure to provide adequate instructions for correct use of the product or adequate warnings of the product's dangers, or the product simply not performing to the manufacturer's express warranty — each of these is treated as its own distinct basis for a claim.
The manufacturer carries the broadest exposure — it can be held liable under any of the grounds above. A product seller who is not the manufacturer is liable in a narrower set of circumstances: broadly, where it exercised substantial control over the design, testing, manufacturing process, packaging or labelling of the product that caused the harm; altered or modified the product and that alteration was a substantial factor in causing the harm; made an express warranty of the product independent of any express warranty made by the manufacturer, and the product failed to conform to the seller's own warranty; sold a product whose manufacturer is not known, cannot be identified, or is not subject to Indian law; or failed to exercise reasonable care in assembling, inspecting or maintaining the product, or did not pass on warnings or instructions of the danger of the product received from the manufacturer to the consumer. A retailer that simply resold a sealed, unaltered product from an identifiable manufacturer is generally not exposed in the same way.
Defences Available
Chapter VI also sets out specific defences a manufacturer or product seller can raise. These include that the product was misused, altered or modified by the consumer in a manner not intended or reasonably foreseeable by the manufacturer at the time of sale; that, for a claim based on inadequate warning or instruction, the product was purchased by an employer for use at a workplace and the manufacturer had provided warnings or instructions to that employer, or the product was legitimately sold as a component to be integrated into another product and any warning necessary was given to the purchaser of the component, subject to statutory conditions; or that, at the relevant time, the product conformed to a mandatory standard laid down or prescribed by law. Each of these defences turns closely on the specific facts and documentary evidence of the case.
How a Product Liability Claim Is Actually Brought
A product liability claim is not a separate court proceeding outside the consumer commission structure — it is brought as part of a complaint before the same District, State or National Commission framework established under the Consumer Protection Act, 2019, and is subject to the same general pecuniary jurisdiction rules and the two-year limitation period under Section 69 that apply to consumer complaints generally. What Chapter VI adds is the specific statutory basis and structured set of defences for the claim itself, rather than a different forum or procedure.
What This Means for Businesses
For manufacturers, this is a strong incentive to maintain rigorous quality control documentation, keep clear records of design and safety testing, ensure product warnings and instructions are complete and actually accompany the product to the end consumer, and review standard warranty language for consistency with what is actually promised in marketing materials — since an express warranty independent of the manufacturer's own can itself expose a seller to liability. For sellers and distributors, the practical takeaway is to avoid unnecessary alteration or repackaging of products without understanding the liability consequences, obtain appropriate indemnities from manufacturers in supply agreements, and maintain a clear chain of manufacturer identification for every product line, since an untraceable manufacturer can shift liability onto the seller by default under the Act.
Frequently Asked Questions
What is product liability under Indian law?
Product liability is the responsibility of a product manufacturer, product seller, or product service provider to compensate a consumer for harm caused by a defective product or a deficient service related to the product, as codified for the first time in Chapter VI (Sections 82–87) of the Consumer Protection Act, 2019.
Can a retailer be held liable for a manufacturing defect it had no way of knowing about?
A product seller who is not the manufacturer is generally liable in narrower circumstances than the manufacturer itself — broadly, where the seller exercised substantial control over the product's design, testing, manufacture, packaging or labelling, altered or modified the product, made an express warranty independent of the manufacturer's own warranty, sold a product whose manufacturer cannot be identified or is not subject to Indian law, or failed to exercise reasonable care in assembling, inspecting or maintaining the product. A retailer who simply resold a sealed, unaltered product manufactured by an identifiable third party is not automatically liable for a defect it had no reasonable way of discovering.
What defences are available to a manufacturer facing a product liability claim?
The Act recognises specific defences, including that the product was misused, altered or modified by the consumer, that the product conformed to a mandatory standard laid down by law at the relevant time, or, for certain claims, that the harm resulted from a warning or instruction the consumer failed to follow where such a warning or instruction was in fact provided. These defences are fact-specific and their availability depends on the particular claim and evidence.
Can I claim under product liability and also file an ordinary consumer complaint?
Yes — a product liability action under Chapter VI is brought as part of a complaint before the consumer commission structure (District, State or National Commission) under the same Consumer Protection Act, 2019, rather than as a wholly separate proceeding. The pecuniary jurisdiction rules that apply to consumer complaints generally also apply to determine which commission hears a product liability claim.
Does product liability cover only physical products, or also services?
Chapter VI specifically addresses product liability for goods and includes 'product service provider' as a category of potentially liable party where harm is caused in connection with services related to a product — such as installation, assembly, repair or maintenance carried out defectively. A separate service deficiency, unconnected to a specific product, is addressed under the Act's general deficiency-of-service provisions rather than the product liability chapter specifically.
References & Further Reading
This article describes the product liability framework in general terms. Whether a specific claim succeeds depends heavily on the facts and evidence — businesses assessing their own exposure should take specific legal advice.
- Consumer Protection Act, 2019, Chapter VI, Sections 82–87 — product liability.
- Consumer Protection Act, 2019, Section 69 — limitation period for filing a complaint.