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Section 22 of the Consumer Protection Act, 2019: Search and Seizure

After a preliminary inquiry under section 19(1), the Director-General or any officer authorised by him, or the District Collector who has reason to believe that a person has...

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Consumer Protection
Published
October 3, 2026
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Oct 3, 2026
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8 min
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Last updated: October 2026Verified against: Government sources

Section 22 gives the investigating officers of the Central Consumer Protection Authority power to enter premises, search for and seize documents, records, articles or other evidence, make an inventory and require production of records. Seized documents must be returned within twenty days after certified copies are taken, and articles that decay quickly may be disposed of. If your premises or records are involved, early advice from a legal dispute resolution team on rights and records is wise.

Section 22 at a glance

Sub-sectionSubjectKey point
22(1)PowerEnter, search, seize; note or inventory; require production
22(2)ProcedureCode of Criminal Procedure, 1973 provisions on search and seizure apply as far as may be
22(3)ReturnWithin twenty days of seizure or production, after certified copies
22(4)Decaying articlesDisposal in the manner prescribed
22(5)Other articlesSection 38(2)(c) applies to analysis or tests

Section 22(1): who can search, and when

The power is "for the purpose of conducting an investigation after preliminary inquiry under sub-section (1) of section 19". So it is not available before the Authority has completed the preliminary inquiry stage. See our article on section 19.

It may be exercised by:

  • the Director-General, or
  • any other officer authorised by him in this behalf, or
  • the District Collector, as the case may be.

The condition is that he "has any reason to believe that any person has violated any consumer rights or committed unfair trade practice or causes any false or misleading advertisement to be made". "Reason to believe" is a lower threshold than proof, but the text does not say that the reasons must be recorded in writing. (A drafting note: the sub-section says the officer "may, if he has any reason to believe ... shall," and then lists the actions; the two modal verbs sit awkwardly together, and we read the powers as available on reason to believe, since the text does not clarify.)

The three listed actions:

ClauseAction
(a)Enter at any reasonable time into any such premises and search for any document, record, article or any other form of evidence and seize it
(b)Make a note or an inventory of such record or article
(c)Require any person to produce any record, register or other document or article

Two details matter in practice. "At any reasonable time" limits entry to a reasonable hour; the Act does not define it. And clause (c) works against "any person", not only the person suspected, so a third party holding records can be required to produce them.

Section 22(2): the Code of Criminal Procedure

"The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, for search and seizure under this Act." The Code is quoted as the Act wrote it. From 1 July 2024 the Code of Criminal Procedure was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023; this article gives no new section numbers, and you should check how the replacement law applies to your case. The words "as far as may be" mean the criminal procedure rules on search and seizure fill gaps in the Act, to the extent they fit.

Section 22(3): return within twenty days

"Every document, record or article seized under clause (a) of sub-section (1) or produced under clause (c) of that sub-section shall be returned to the person, from whom they were seized or who produced the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken."

PointWhat the text says
What is returnedDocuments, records or articles seized under (a) or produced under (c)
To whomThe person from whom seized, or who produced
By whenWithin twenty days of the date of seizure or production
Before returningCopies or extracts, certified by that person in the prescribed manner, are taken

The twenty days run from the seizure or production. The way of certifying copies is "as may be prescribed", so it is in the rules, and this article gives no form. The sub-section does not say what happens if the investigation is not complete in twenty days, or whether an extension is possible. It also does not cover the case of an article that is evidence of the violation itself; sub-section (5) deals with analysis or tests of articles other than quickly decaying ones.

Example. A Director-General's officer visits a trader's godown at a reasonable hour after a preliminary inquiry. He seizes the sales register and lists it in an inventory. The trader certifies copies of the register. The officer must return the original to the trader within twenty days of seizure. If the officer takes sealed packets of a product for testing, sub-section (5) governs.

Section 22(4): decaying articles

"Where any article seized under sub-section (1) are subject to speedy or natural decay, the Director-General or such other officer may dispose of the article in such manner as may be prescribed." The manner is in the rules. The text does not say how the owner is compensated or notified, and does not require a hearing.

Section 22(5): other articles, analysis and tests

"In the case of articles other than the articles referred to in sub-section (4), provisions contained in clause (c) of sub-section (2) of section 38 shall mutatis mutandis apply in relation to analysis or tests." Section 38 deals with procedure on admission of a complaint in a Commission, including testing of goods. See our article on section 38. The effect is that the testing machinery for goods in complaints is borrowed, with necessary changes, for seized articles. The Act does not spell out here which laboratory is used; the definition of "appropriate laboratory" is in section 2(2). See our article on the definitions.

What section 22 leaves out

  • No requirement of a prior court order or warrant, in the words of this section; the Code of Criminal Procedure applies "as far as may be".
  • No penalty for obstruction in section 22 itself.
  • No statement of how long seized articles for testing may be held.
  • No compensation for loss from a wrongful search in this section. A separate section of the Act deals with vexatious search; see our article on sections 92-93 when published.

Need help if records are seized?

If officers have visited your premises or asked for records, keep a copy of the inventory, certify and take copies as the Act allows, and note the dates. We can review what was taken, check the twenty-day return period and advise on next steps. Start with legal dispute resolution and bring the inventory and any notice.

Key takeaways

  • Search and seizure is available only after a preliminary inquiry, to the Director-General, his authorised officers or the District Collector on reason to believe (22(1)).
  • Entry is at any reasonable time; officers may seize, make an inventory and require production.
  • Code of Criminal Procedure search and seizure provisions apply as far as may be (22(2)).
  • Seized or produced items must be returned within twenty days after certified copies are taken (22(3)).
  • Quickly decaying articles may be disposed of as prescribed; other articles are tested as under section 38(2)(c).

Read next

Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Section 22

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who can search premises under the Act?

The Director-General, an officer authorised by him, or the District Collector (22(1)).

When can they enter?

At any reasonable time, if they have reason to believe a violation has occurred, for an investigation after a preliminary inquiry.

If a term matters, put it in the document; if it is not in the document, do not rely on it.

— TaxClue Legal Desk

Section 22: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

The Director-General, an officer authorised by him, or the District Collector (22(1)).

At any reasonable time, if they have reason to believe a violation has occurred, for an investigation after a preliminary inquiry.

They must be returned within twenty days of seizure or production, after certified copies are taken (22(3)).

Articles subject to speedy or natural decay may be disposed of in the manner prescribed (22(4)).

The Code of Criminal Procedure, 1973 provisions on search and seizure apply as far as may be (22(2)); that Code has since been replaced by the BNSS from 1 July 2024.

Clause (1)(c) allows requiring "any person" to produce a record, register, document or article.