Section Overview
Section Number:
IPC Section 274
Section Title:
Adulteration of Drugs or Medicines
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with corresponding provisions relating to drug safety, pharmaceutical regulation, and public health continuing in substance.
Applicability:
IPC Section 274 applies when:
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A person adulterates any drug or medicinal preparation;
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The drug is intended for sale or use;
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The adulteration makes it harmful, ineffective, or impure;
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The accused knows or has reason to believe about adulteration;
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The act endangers public health or deceives consumers.
This section is crucial in maintaining integrity of medicines and healthcare safety.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 274 ka simple matlab hai ki agar koi vyakti dawa (medicine) ya drug mein milawat karta hai aur use bechne ke liye market mein bhejta hai, to woh crime karta hai.
Simple words mein:
"Adulterated ya fake medicines banana ya bechna illegal hai."
Iska direct impact patient ki health aur life par pad sakta hai.
Legal Definition (Original Law Text)
IPC Section 274 provides in substance:
Whoever adulterates any drug or medicinal preparation so as to lessen its efficacy or change its operation, intending that it shall be sold or used for medicinal purposes, commits an offence.
Practical Interpretation
Courts generally examine:
Existence of Drug or Medicine
The item must be:
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A pharmaceutical product;
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A medicinal preparation;
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A drug intended for treatment.
Adulteration
The drug may be:
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Mixed with impurities;
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Chemically altered;
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Diluted;
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Made ineffective or harmful.
Intent for Sale or Use
The medicine must be intended for:
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Sale in market; OR
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Medical use.
Knowledge or Reason to Believe
The accused must know about adulteration.
Why IPC Section 274 Was Introduced?
Medicines directly affect human life.
Without strict regulation:
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Fake medicines could spread widely;
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Patients could suffer serious harm;
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Treatment would become ineffective;
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Public trust in healthcare would collapse.
Therefore adulteration of drugs was criminalized.
Importance of Drug Safety
This section ensures:
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Safe healthcare system;
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Reliable medicines;
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Protection of patients;
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Accountability of pharmaceutical sellers.
It is a core public health safeguard.
Relation with Drug Laws
IPC Section 274 works alongside:
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Drugs and Cosmetics Act, 1940;
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Pharmacy regulations;
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Health safety laws;
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Consumer protection laws.
It ensures criminal liability for serious violations.
Punishment & Legal Classification
Punishment
IPC Section 274 provides:
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Imprisonment up to 6 months; OR
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Fine; OR
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Both.
Higher punishment may apply under special drug control laws depending on severity.
Bailable / Non-Bailable
Generally Bailable.
Cognizable / Non-Cognizable
Generally Non-Cognizable.
Compoundable
Generally Compoundable (with court permission in appropriate cases).
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 274
BNS Equivalent
Bharatiya Nyaya Sanhita contains corresponding provisions relating to:
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Drug safety;
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Pharmaceutical fraud;
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Public health protection;
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Adulteration of medicinal products.
Status
IPC repealed and replaced by BNS.
However, protection of medicine quality remains a major legal principle.
Real-Life Examples
Example 1: Fake Medicine Sale
A supplier sells medicines with wrong composition that reduces effectiveness.
IPC Section 274 may apply.
Example 2: Diluted Antibiotics
A manufacturer mixes harmful or inactive substances in antibiotics.
This falls under Section 274.
Example 3: Expired Drug Distribution
A distributor knowingly sells expired or degraded medicines.
The offence under IPC Section 274 is attracted.
Landmark Judgments
Case Name:
Union of India v. Ashok Pharmaceutical Works
Court:
Supreme Court of India
Key Takeaway:
Pharmaceutical safety is directly linked to the right to life under Article 21.
Case Name:
Municipal Corporation of Delhi v. Shiv Shanker
Court:
Supreme Court of India
Key Takeaway:
Public health protection laws must be strictly enforced.
Case Name:
Poonam Verma v. Ashwin Patel
Court:
Supreme Court of India
Key Takeaway:
Medical negligence and unsafe drugs can attract legal liability.
Legal Insights
When Is This Section Applied?
IPC Section 274 is applied when:
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Fake or adulterated drugs are detected;
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Pharmaceutical fraud is reported;
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Medicines are found unsafe or ineffective;
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Health inspections reveal violations.
Common Misuse Scenarios
Fake Drug Manufacturing
Production of chemically altered medicines.
Expired Medicine Sale
Selling outdated drugs to consumers.
Substandard Drug Distribution
Supplying ineffective pharmaceutical products.
Mislabelled Medicines
Incorrect composition or labeling fraud.
Defenses Available
Lack of Knowledge
Accused was unaware of adulteration.
No Intent to Sell
No commercial intention proven.
Supplier Responsibility
Adulteration occurred earlier in supply chain.
False Implication
Wrongly accused by investigation.