Kerala court has issued non-bailable warrants against Baba Ramdev and Acharya Balkrishna, key figures behind Patanjali Ayurved, after their non-appearance in a criminal case filed by the Kerala Drugs Inspector. The case involves allegations against Divya Pharmacy (an affiliate of Patanjali) for publishing misleading medical advertisements in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
The Drugs Inspector filed a complaint under Section 3 of the Act, which prohibits the advertisement of drugs that claim to cure certain diseases, enhance sexual performance, or make false therapeutic claims. Divya Pharmacy, Baba Ramdev, and Acharya Balkrishna face charges for promoting such misleading claims through advertisements.
Why Non-Bailable Warrants?
The Kerala court had initially issued bailable warrants for their appearance on February 1, 2025, but due to their failure to appear, non-bailable warrants were issued to secure their presence on February 15, 2025.
Non-Bailable Warrants
- Section 70 of the CrPC(now sec 72 of BNSS) provides that a court can issue a non-bailable warrant if the accused has failed to appear after being summoned, and the court believes that there are reasonable grounds to secure the accused's presence through arrest. This is often used in cases where the court considers the nature of the charges to be serious or if there is a risk of the accused absconding.
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Impact on Ayurveda and Consumer Protection
The case against Patanjali Ayurved highlights the critical balance between promoting traditional medicine like Ayurveda and ensuring consumer protection. The Drugs and Magic Remedies Act plays a vital role in preventing misleading health claims in advertisements. This legal action underscores the need for responsible advertising, especially in a landscape influenced by digital media and celebrity endorsements. As the case progresses, it sets an important precedent for holding public figures and companies accountable for the accuracy and integrity of their product claims, ensuring that consumers are not misled by unsubstantiated medical benefits.
A Wake-Up Call for Advertisers
Baba Ramdev and Acharya Balkrishna’s legal troubles are a reminder that misleading advertising, particularly in the health and wellness sector, can have serious legal consequences. As the case progresses, it will be interesting to see how it shapes the future of health product advertisements in India. For now, the case serves as a positive example of the judiciary’s role in protecting consumer rights and ensuring that the claims made by companies are both truthful and substantiated.
With a non-bailable warrant now issued, the spotlight is firmly on Baba Ramdev and Acharya Balkrishna to face the charges brought against them in Kerala. This case could have far-reaching implications not just for Patanjali Ayurved, but also for the broader landscape of advertising regulation in India.