Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XV > Offences Related to Adulteration of Drugs (Ss. 276-278 BNS)
According to Section 270 of the Bharatiya Nyaya Sanhita, 2023, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. In this article we shall discuss offences related to drugs like adulteration of drugs.
Drug:
According to Section 2(b) of the Drugs and Cosmetics Act, 1940 “drug” includes–
(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes;
(ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette;
(iii) all substances intended for use as components of a drug including empty gelatin capsules; and
(iv) such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette, after consultation with the Board.
Adulterated Drug:
According to Section 9A of the Drugs and Cosmetics Act, 1940. for the purposes of Chapter III, a drug shall be deemed to be adulterated,–
(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health;
(c) if its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.
Comparative Study BNS and IPC
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 | Change |
| S. 276 | S. 274 | Upper limit of fine is increased from one thousand to five thousand rupees. |
| S. 277 | S. 275 | Upper limit of imprisonment is increased from six months to one years and fine is increased from one thousand to five thousand rupees. |
| S. 278 | S. 276 | Upper limit of fine is increased from one thousand to five thousand rupees.” |
Section 276 BNS:
Adulteration of Drugs:
Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Ingredients of Section 276 BNS:
- Accused adulterates any drug or medical preparation;
- His intention is to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious; and
- He has knowledge that the drug will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration.
Punishment:
Imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Classification of Offence:
Non-cognizable, bailable, non-compoundable and triable by any Magistrate
Section 275 IPC:
Sale of Adulterated Drugs:
Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, 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.
The section not only prohibits sale of adulterated drugs but also its issuance from a dispensary. The expression ‘exposes it for sale’ does not necessarily mean that the drug must be exposed to view; it is sufficient if it is contained in a packet or in other wrappings.
Ingredients of Section 277 BNS:
- Accused knows that the drug or medical preparation he is selling to have been adulterated;
- He knows that the adulteration is made to lessen its efficacy, to change its operation, or to render it noxious; and
- Still, he sells or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated;
- or causes it to be used for medicinal purposes by any person not knowing of the adulteration He has knowledge that the drug will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration.
Punishment:
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.
Classification of Offence:
Non-cognizable, non-bailable, non-compoundable and triable by any Magistrate
Section 276 IPC:
Sale Of Drug as a Different Drug or Preparation:
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, 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.
This section does not refer to adulteration at all. The liability has been fixed by this section not for the injury caused but for selling, offering or exposing for sale, or for issuing any drug or medical preparation.
Ingredients of Section 276:
- Accused knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation; and
- the drug or medical preparation is being sold is a different drug or medical preparation.
Punishment:
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.
Classification of Offence:
Non-cognizable, bailable, non-compoundable and triable by any Magistrate
Conclusion:
The offences related to adulteration of drugs are not merely a violation of legal norms but a grave threat to public health and safety. The Bharatiya Nyaya Sanhita, 2023, through Sections 276 to 278, aims to deter such offenses by prescribing strict punishments for those involved in the adulteration, sale, or distribution of harmful or spurious drugs. While these provisions reflect the law’s intent to safeguard consumers, the growing incidents of drug adulteration highlight the need for more stringent enforcement and awareness. Strengthening regulatory mechanisms, ensuring rigorous inspections, and imposing harsher penalties in severe cases can go a long way in curbing this menace. Ultimately, safeguarding the integrity of pharmaceuticals is essential for a healthy and just society.
Related Topics:
- Public Nuisance: Definition (S. 270)
- Offence Related to Spread of Infectious Disease (Ss. 271 to 273)
- Offences Related to Adulteration of Food (Ss. 274 and 275)
- Offences Related to Environment (Ss. 279 and 280)
- Offences Affecting Public Safety and Convenience (Ss. 281 to 293, 297)
- Offences Related to Obscenity (Ss. 294 to 296)
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