Section 274 BNS: Adulteration of Food or Drink Intended for Sale (Formerly Section 272 IPC)

Section 274 of Bharatiya Nyaya Sanhita: Adulteration of Food or Drink Intended for Sale

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 274

Section 274 penalises the adulteration of food or drink intended for sale, making it noxious or reducing its nutritional quality.

Adulteration of Article: Mixing any foreign, poisonous, or inferior substance into food or beverage.
State of Article: Rendering the article noxious as food or drink.
Commercial Intent: Intending to sell or knowing it to be likely that the food or drink will be sold.

Key Landmark Precedents:

State of U.P. v. Kartar Singh AIR 1964 SC 1135: The Supreme Court held that adulteration of food intended for human consumption is a grave socio-economic crime threatening public health.
Pepsico India Holdings Pvt. Ltd. v. State of U.P. (2012) 5 SCC 1: The Supreme Court analysed the interface between general penal provisions and the Food Safety and Standards Act (FSSA), 2006 regarding chemical food testing.

Courtroom Practice & Strategic Litigation Guidance:

FSSAI laboratory chemical analysis reports under Section 46 of the FSSA are critical. Defence must scrutinize sampling procedures (clean bottles, temperature preservation, seal integrity).

Section 274: Adulteration of Food or Drink Intended for Sale

Section 274 of Bharatiya Nyaya Sanhita: Adulteration of Food or Drink Intended for Sale

Legal Commentary & Landmark Judgments: Section 274