BNS Section 274 (Old IPC 272): Food Adulteration – Punishment, Bail & FSSAI Overlap

Introduction

BNS Section 274 of the Bharatiya Nyaya Sanhita, 2023 deals with the adulteration of food or drink intended for sale. The provision seeks to protect public health by penalising persons who intentionally adulterate food or beverages in a manner that makes them harmful or noxious for consumption.

Food adulteration can expose consumers to serious health risks and undermine public confidence in food safety. Therefore, the law criminalises acts that make food or drink unsafe while intending that such products be sold for human consumption.

BNS Section 274 replaces IPC Section 272 and continues to address the offence of food and drink adulteration.

What is BNS Section 274?

BNS Section 274 applies when a person adulterates any article of food or drink so as to make it noxious as food or drink and:

• Intends to sell it as food or drink; or
• Knows that it is likely to be sold as food or drink.

The offence focuses on the adulteration of consumable items that are intended to enter the market for human consumption.

Bare Act Text

“Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.”

In Simple Words

If a person mixes harmful substances into food or beverages, or otherwise alters them so that they become unsafe for consumption, and intends to sell them or knows they are likely to be sold, that person may be prosecuted under BNS Section 274.

The offence is aimed at preventing unsafe and harmful food products from reaching consumers.

Essential Ingredients of BNS Section 274

To establish an offence under BNS Section 274, the prosecution generally needs to prove:

1. The accused adulterated an article of food or drink.
2. The adulteration made the article noxious or harmful for consumption.
3. The accused intended to sell the article as food or drink, or knew it was likely to be sold.
4. The adulteration was done knowingly.

All these ingredients are generally required to establish liability under the section.

Meaning of Food Adulteration Under BNS Section 274

For the purposes of this section, adulteration generally refers to altering food or drink in a manner that makes it harmful or unsafe for consumption.

The offence may involve:

• Mixing harmful substances into food.
• Adding unsafe ingredients to beverages.
• Altering food quality in a manner that makes it noxious.
• Contaminating food intended for sale.

The crucial requirement is that the food or drink becomes harmful as a result of the adulteration.

Intention to Sell is Important

BNS Section 274 specifically applies where the adulterated food or drink is intended to be sold or is likely to be sold.

Therefore, the prosecution generally needs to establish that:

• The accused intended the adulterated product to enter the market; or
• The accused knew it was likely to be sold for consumption.

This distinguishes the offence from situations where no commercial sale is contemplated.

Punishment Under BNS Section 274

A person convicted under BNS Section 274 may be punished with:

• Imprisonment up to 6 months; or
• Fine up to ₹5,000; or
• Both.

The court may determine the appropriate punishment based on the nature of the adulteration and surrounding circumstances.

Classification of the Offence

BNS Section 274 is a non-cognizable and bailable offence. It is non-compoundable and triable by any Magistrate.

Bail Under BNS Section 274

BNS Section 274 is classified as a bailable offence.

An accused person may seek bail in accordance with applicable legal provisions. Since the offence is bailable, bail is generally available subject to procedural requirements.

Which Court Has Jurisdiction?

According to the classification provided for BNS Section 274, offences under this section are triable by any Magistrate.

The Magistrate having territorial jurisdiction over the place where the offence occurred ordinarily hears the matter.

Step-by-Step Legal Process

1. Information regarding suspected food adulteration is received.
2. Authorities inspect the food or drink products.
3. Samples may be collected for examination.
4. Evidence regarding adulteration is gathered.
5. Statements of relevant persons are recorded.
6. Investigation is conducted.
7. A complaint or charge sheet may be filed.
8. The Magistrate takes cognizance of the offence.
9. Trial is conducted.
10. Judgment is delivered.

FSSAI Overlap with BNS Section 274

Food adulteration may also attract liability under the Food Safety and Standards Act, 2006 (FSSAI Act).

In many cases, the same conduct may result in:

• Criminal liability under BNS Section 274; and
• Regulatory or penal action under food safety laws.

Food Safety Officers and other competent authorities may take action under the Food Safety and Standards Act where adulterated food products violate statutory food safety standards.

The applicability of BNS provisions and food safety laws depends on the facts of each case.

Old Law vs New Law (IPC to BNS Mapping)

BNS Section 274 substantially continues the provisions previously contained in IPC Section 272 relating to adulteration of food and drink intended for sale.

Defences Available to the Accused

Depending upon the facts of the case, possible defences may include:

• No adulteration occurred.
• The product was not rendered noxious.
• Lack of intention to sell.
• Absence of knowledge regarding sale.
• False implication.
• Failure of the prosecution to establish the essential ingredients of the offence.

Real-Life Illustration

Suppose a manufacturer knowingly mixes harmful chemicals into a beverage to reduce production costs and places the product into the market for sale. Because the beverage has been rendered harmful for consumption and is intended to be sold, the manufacturer may attract liability under BNS Section 274.

Similarly, a food seller who knowingly contaminates food products and offers them for sale may be prosecuted under this provision.

Conclusion

BNS Section 274 protects public health by criminalising the adulteration of food and drink intended for sale. The provision applies where food or beverages are altered in a manner that makes them harmful for consumption and are intended to be sold in the market.

The offence is non-cognizable, bailable, and non-compoundable. In addition to liability under the Bharatiya Nyaya Sanhita, offenders may also face action under food safety laws, including the Food Safety and Standards Act, 2006.