What is product liability under the new Consumer Protection Act?

What the Law Says

The Consumer Protection Act, 2019 introduced a dedicated product liability framework for the first time in Indian consumer law.

Product liability is defined under Section 2(47) of the Consumer Protection Act, 2019 as 'the liability of a product manufacturer, product seller or product service provider to compensate a consumer for any harm caused by a defective product or deficiency in service.'

Section 84 lays down the circumstances under which a product manufacturer can be held liable — including defects in manufacturing, design, or inadequate instructions/warnings. Liability arises even without proof of negligence if the defect caused harm.

The law applies to all products and services, whether sold or distributed free of cost (if intended for use), and covers physical injury, property damage, or death. Claims must be filed within three years from the date of harm or when the consumer became aware of it.

Statutory Text

product liability means the liability of a product manufacturer, product seller or product service provider to compensate a consumer for any harm caused by a defective product or deficiency in service

— Consumer Protection Act, 2019, s. 2(47) — Definition of product liability

Statutory Text

A product manufacturer shall be liable to a consumer, if— (a) the product has a manufacturing defect; (b) the product has a design defect; (c) there is a defect in the instructions for use or warnings given to the consumer

— Consumer Protection Act, 2019, s. 84(1) — Liability of manufacturer

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