LexStreakRead free →
Supreme Court of India· 05 August 2026

Under Section 39(1)(iv) of the Protection of Plant Varieties and Farmers' Rights Act, 2001, can an individual farmer still claim the farmers'-rights exemption even after the Supreme Court declines to interfere with a revocation challenge?

Kavitha Kuruganti v. PepsiCo India Holdings Pvt. Ltd
2026 INSC 811 · Special Leave Petition (C) Nos.10320-10321 of 2024
Coram: J. B. Pardiwala; K. Vinod Chandran
🔖 Save this judgment🔔 Follow s.34(h) Protection of Plant Vari…📬 Get today's judgments
View the original judgment PDFFree to read. To download it — or the LexStreak typeset copy with the headnote and Points of Law — create an account; downloads are part of the Pro plan.
Answer

Yes. The Court clarified that any individual farmer claiming protection under Section 39(1)(iv) — the right to save, use, sow, resow, exchange, share or sell farm produce including protected seed, short of selling branded seed — remains entitled to raise and prove that protection in any proceeding the registrant initiates against that farmer.

Headnote

Protection of Plant Varieties and Farmers' Rights Act, 2001 — s.34(h) — s.39(1)(iv) — Revocation of registration — Vexatious suits — Farmers' rights — Protection of Plant Varieties and Farmers' Rights Act, 2001 — s.34(h) — Revocation for vexatious suits — Held: Filing suits to protect statutory rights is not, by itself, vexatious. Revocation under section 34(h) needs proof the suits were a predatory tactic. (¶6) Protection of Plant Varieties and Farmers' Rights Act, 2001 — s.39(1)(iv) — Individual farmer's defence preserved — Held further: Section 39(1)(iv) protection — to save, use, sow, resow, exchange, share or sell farm produce short of branded seed — stays open to any farmer sued by the registrant. Petitions disposed of; High Court judgment undisturbed. (¶7, 8)

In the Court's own words
Paragraph 7Be that as it may, considering the fact that the petitioner is not agitating a personal cause and is attempting to protect the interest of the farmers, we only make it clear that any individual farmer who claims protection under Section 39(1)(iv) of the Act, would be entitled to do so in any proceeding initiated by the first respondent and prove that they come under its cover. However, we make it clear that we cannot restrain the first respondent from taking legal remedies, if their rights are infringed.
Acts & Sections
s.34(h) Protection of Plant Varieties and Farmers' Rights Act, 2001s.39(1)(iv) Protection of Plant Varieties and Farmers' Rights Act, 2001

One judgment a day. That's the whole habit.

Read the full text of Kavitha Kuruganti v. PepsiCo India Holdings Pvt. Ltd — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.

Create my free account

Free forever plan · 30 seconds · data stays in India

Open the full judgment →

Also decided in this judgment
Under the Protection of Plant Varieties and Farmers' Rights Act, 2001, does merely filing infringement suits against farmers justify revoking a variety's registration under Section 34(h)?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections