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ApniLaw > Blog > Legal Articles > Acts > Medical Devices Under Drugs and Cosmetics Act: Rules You Should Know (Linked Rules & 2020 Amendment)
ActsNews

Medical Devices Under Drugs and Cosmetics Act: Rules You Should Know (Linked Rules & 2020 Amendment)

Amna Kabeer
Last updated: August 9, 2025 11:02 pm
Amna Kabeer
1 week ago
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Drugs And Cosmetics Act, 1940
Drugs And Cosmetics Act, 1940
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Introduction


In India, all medical devices now come under the scope of the Drugs and Cosmetics Act, 1940. This change follows the Medical Devices (Amendment) Rules, 2020, effective from April 1, 2020. The amendment brought every medical device, whether notified earlier or not, under strict regulatory control. It ensures quality, safety, and compliance in line with international standards.

Contents
IntroductionWhat Is The Definition of Medical DevicesWhat Are The Registration Requirements for Manufacturers and ImportersIs There An Exemption for Previously Notified DevicesWhat Are The Licensing Deadlines for Newly Regulated DevicesQuality Management StandardWhat Are The Penalties for ViolationWhat Is The Risk-Based Classification SystemConclusion

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What Is The Definition of Medical Devices


The amendment expanded the definition of medical devices. It includes any instrument, apparatus, implant, software, or accessory for humans or animals. These devices may be used for diagnosis, treatment, prevention, monitoring, or supporting life. The rule applies as long as the device does not act primarily through pharmacological, immunological, or metabolic means.


Before 2020, only 37 categories of devices were regulated. From April 1, 2020, all medical devices, whether previously notified or not, must follow the Medical Devices Rules, 2017 (MDR). This created uniform oversight and eliminated regulatory gaps in the sector.


What Are The Registration Requirements for Manufacturers and Importers


Manufacturers and importers of devices that were not regulated before February 11, 2020, must register with the Drugs Controller General of India (DCGI). The deadline for registration was October 1, 2021. Registration is mandatory before applying for a license.


Is There An Exemption for Previously Notified Devices


The 37 categories already under regulation before February 11, 2020, are exempt from the new registration requirement. However, they must still follow all MDR quality, licensing, and safety standards.


What Are The Licensing Deadlines for Newly Regulated Devices


Licensing for newly covered devices follows a phased timeline:
Registration for all unregulated devices: October 1, 2021.

License requirement for Class C (medium-high risk) and Class D (high risk) devices: October 1, 2023.

Quality Management Standard


Every registration application must prove compliance with ISO 13485, the international quality management system for medical devices. This ensures manufacturing processes meet global safety and performance benchmarks.


The Central Drugs Standard Control Organisation (CDSCO) remains the licensing and enforcement authority. It operates a dedicated online registration portal to streamline applications and compliance monitoring.


What Are The Penalties for Violation


Selling, distributing, or importing medical devices without proper registration or license after the deadlines is illegal. Violators face criminal prosecution, which may include imprisonment and heavy fines.


What Is The Risk-Based Classification System


The amendment applied the risk-based classification from the MDR to all devices:
1. Class A – Low risk

2. Class B – Low-moderate risk

3. Class C – Moderate-high risk

4. Class D – High risk

This classification aligns with global regulatory systems, including the EU, US, Canada, Australia, and Japan.
The DCGI and CDSCO have the authority to revise classifications, change standards, and update the official classification list based on new technology or safety concerns.


Conclusion


The Medical Devices (Amendment) Rules, 2020 transformed medical device regulation in India. By bringing all devices under the Drugs and Cosmetics Act, the government established a uniform, risk-based, and globally aligned regulatory system. This ensures that every medical device under the Drugs and Cosmetics Act in the Indian market meets strict safety, quality, and performance standards, protecting both patients and healthcare providers.

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TAGGED:drug financingDrug Inspectorsdrug recoveryDrug Testing LabDrugsDrugs and Cosmetics ActMedical DevicesMisbranded Drugs
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