Section 276 BNS: Adulteration of Drugs or Medical Preparations (Formerly Section 274 IPC)

Section 276 of Bharatiya Nyaya Sanhita: Adulteration of Drugs or Medical Preparations

Official Bare Act Text

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

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.

Legal Commentary & Landmark Judgments: Section 276

Section 276 penalises the adulteration of any drug or medical preparation in such a manner as to lessen its efficacy, change its operation, or make it noxious.

Drug or Medicine: Any pharmaceutical formulation, vaccine, syrup, or medicinal compound.
Adulterating Act: Adding foreign, spurious, or contaminated ingredients.
Compromised Effect: Lessening efficacy, changing therapeutic operation, or making the drug noxious, with intent that it be sold.

Key Landmark Precedents:

State of Rajasthan v. Gautam Chand (1978) 1 SCC 421: The Supreme Court held that manufacture or sale of substandard or adulterated drugs is an unpardonable threat to human life requiring stringent punishment.
Union of India v. Ashok Kumar Sharma (2021) 12 SCC 674: Examined the powers of Drug Inspectors and police in investigating spurious medicine rackets under penal and pharmaceutical statutes.

Courtroom Practice & Strategic Litigation Guidance:

Drug Inspector seizure memos and Government Analyst test reports under the Drugs and Cosmetics Act, 1940 form the evidentiary cornerstone. Check laboratory testing protocols.

Section 276: Adulteration of Drugs or Medical Preparations

Section 276 of Bharatiya Nyaya Sanhita: Adulteration of Drugs or Medical Preparations

Legal Commentary & Landmark Judgments: Section 276