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Adulteration of Food and Drug
(Chapter XV, Section 274 to 278)
QUESTION BANK
Q. 1. Explain the scope and purpose of the provisions on drug adulteration and misrepresentation under Sections 276, 277, and 278 of the BNS, 2023. How do these sections collectively work to protect consumers from unsafe medicines?
SHORT NOTES
1. Adulteration of food and drug.
SYNOPSIS
1. Adulteration of food or drink intended for sale (S. 274)-
2. Sale of noxious food or drink (S. 275)-
1. Adulteration of drug (S. 276)-.
2. Sale of adulterated drugs (S. 277)-
3. Sale of a drug as a different drug or preparation (S. 278)-
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I. Introduction:
The purity of food and drugs is essential for public health and safety. Any act of adulteration or sale of harmful or unsafe consumables directly affects human life and violates the duty of care owed by manufacturers, sellers, and distributors. Under both the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS), 2023, such acts are criminalized to prevent danger to life and health.
The BNS, 2023 retains the essence of the IPC but modernizes it especially by including electronic and commercial aspects and updating language for clarity. Ss. 274 to 278 of IPC are now Ss. 274 to 278 of the BNS, with similar intent but refined definitions and enhanced punishments.
The general law is contained in BNS. However, specific Acts governing these fields exist, such as the Food Safety and Standards Act, 2006 (FSSA) and the Drugs and Cosmetics Act, 1940. These special laws often prescribe harsher penalties and have comprehensive regulatory mechanisms, creating a situation of overlapping jurisdiction. These special laws prevail over the general law contained under BNS.
- II. Offences Relating to Food (Ss. 274 and 275)-
These sections deal with the act of adulteration and the subsequent sale of the noxious food.
1. Adulteration of food or drink intended for sale (S. 274)-
The section punishes anyone who deliberately adulterates a drug or medical preparation.
The act is illegal if the adulteration is done in a way that is intended or known to be likely to:
a. Lessen the drug's effectiveness (efficacy).
b. Change its operation.
c. Make it noxious (harmful).
The person must have the intention that the adulterated drug will be sold or used for medicinal purposes as if it were unadulterated.
Punishment: The maximum punishment is imprisonment up to one year, or a fine up to five thousand rupees, or both.
2. Sale of noxious food or drink (S. 275)-
The section punishes any person who:
- Sells or attempts to sell any article intended as food or drink.
- Knows or has reason to believe that the article is noxious (harmful or poisonous) or unfit for human consumption.
The maximum penalty for this offence is imprisonment up to six months, or a fine which may extend to five thousand rupees, or both.equirement of 'Noxious' (Injurious to Health):
In Ram Dayal v. Emperor
Principle: The court held that to constitute an offence under these sections (IPC Ss. 272/273), the food must be rendered 'noxious' (injurious to health). The mere mixing of a substance (e.g., water in milk, or non-injurious fat in ghee) which reduces the quality or offends religious sentiments, is generally not sufficient unless it makes the product hazardous to health.
- III. Offences Relating to Drugs (Ss. 276 to 278)
These provisions are concerned with deliberate malpractice in drug manufacture and trade that endangers health by making medicinal preparations ineffective or harmful.
1. Adulteration of drug (S. 276)-.
Whoever adulterates any drug or medical preparation
i. in such a manner
-as to lessen the efficacy, or
-change the operation of such drug or medical preparation, or
-to made it noxious,
ii. intending that it shall be sold or used for any medical purpose.
Punishment- The offender shall be punished with imprisonment up to one year, or with a fine up to five thousand rupees, or with both.
2. Sale of adulterated drugs (S. 277)-
Whoever,
i. Knowing any drug or medical preparation to have been adulterated
ii. in such a manner as to
(a) lessen its efficacy,
(b) change its operation, or
(c) to render it noxious
iv. sells the same or offers or exposes it for sale, or
v. issue it from any dispensary for medicinal purposes as unadulterated, or
vi. causes it to be used for medicinal purposes by any person not knowing of adulteration.
Punishment – shall be punished with imprisonment up to six months, or a fine or with both.
In short, S. 277 deals with the sale of adulterated drugs. It penalizes anyone who, knowing a drug has been adulterated, proceeds to sell it or cause it to be used for medicinal purposes
3. Sale of a drug as a different drug or preparation (S. 278)-
As per S. 278 Whoever-
-knowingly sells, or offers or exposes for sale, or
-issues from a dispensary for medicinal purposes, any drug or medical preparation,
-as a different drug or medical preparation,
Punishment- imprisonment up to six months, or with a fine up to Rs. 5000, or with both.
In short, S. 278 specifically addresses the offence of knowingly selling or dispensing a drug or medical preparation as if it were a different one.
- IV. Conclusion-
The transition from IPC to BNS regarding offences against public health, safety, and morals demonstrates a legislative intent to modernize and enhance penalties without fundamentally altering the definition of the crimes. By significantly increasing the maximum fine for all five-core adulteration and sale offences (from a negligible Rs.1,000 to Rs. 5,000) and doubling the imprisonment term for drug adulteration, the BNS aims to impose greater economic and punitive deterrence.
However, the continued relevance of these general criminal provisions remains largely defined by their interplay with the special regulatory laws (FSSA and Drugs and Cosmetics Act). While the special laws cover a broader range of regulatory contraventions, the BNS/IPC “sections serve to punish those specific instances where the act is done with a high degree of criminal intention or knowledge (mens rea) and results in the production or sale of a demonstrably noxious or ineffective product.
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References-
1. “Bharatiya Nyaya Sanhita, 2023”, (Offences and Penalties) A Commentary by J.K. Verma.
2. BNS Section 276: Adulteration Of Drugs by Zolvit
https://vakilsearch.com/bns/sections/276
3. Food Adulteration and Law By Rashmita Bishi and Dr. Anil Kumar Tandi. https://www.ijnrd.org/papers/IJNRD2502074.pdf
4.Bharatiya Nyaya Sanhita: Section 274 – Adulteration of food or drink intended for sale, By Vardhaman Raj https://ipclaws.in/bns/section-274-adulteration-of-food-or-drink-intended-for-sale/