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.
Simplified Explanation
Section 276 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the adulteration of drugs or medical preparations. It deals with the criminal offense of intentionally adulterating drugs or medical products in a way that either reduces their efficacy, alters their intended effect, or makes them harmful for medicinal use. Here’s a detailed explanation of the section:
1. Adulteration of Drugs or Medical Preparations
- Adulteration refers to the act of contaminating or altering a drug or medical preparation by adding harmful substances, or by diluting or changing the components, which affects its effectiveness or safety.
- The adulteration may:
- Lessening the efficacy: Reducing the drug’s effectiveness, making it less potent than intended. For example, diluting a medicine to reduce its strength.
- Changing the operation: Altering the way the drug works in the body, either making it less effective or causing unintended effects.
- Making it noxious: Making the drug harmful or unsafe for consumption.
2. Intending to Sell or Knowing it Will be Sold for Medicinal Use
- The section applies if the person intends the adulterated drug to be sold or used for medicinal purposes, or if they know it is likely to be sold or used for such purposes, while presenting it as an unadulterated product.
- Example: If a manufacturer or seller intentionally mixes a harmful or less potent substance into a medicine but still markets it as a fully effective drug, they are committing an offense under this section.
3. Punishable Acts
- If an individual adulterates a drug or medical preparation in any of the above ways, and it is intended to be sold or used for medicinal purposes, they will be subjected to the following punishments:
- Imprisonment: A term of imprisonment which may extend to one year. The imprisonment term reflects the serious nature of the offense, as adulterated drugs can have severe consequences for public health.
- Fine: A fine up to five thousand rupees may also be imposed, serving as a financial deterrent.
- Both: The court may impose both imprisonment and a fine, depending on the circumstances and severity of the adulteration.
4. Purpose of the Section
- The key purpose of Section 276 is to protect public health and ensure the safety and efficacy of medicinal drugs.
- Adulterating drugs not only jeopardizes the health of individuals but can also cause serious harm if a drug intended for a specific medical purpose loses its effectiveness or becomes toxic.
- The section penalizes those who intentionally adulterate drugs, making them harmful or ineffective, and ensures that such adulterated products are not sold or used as safe, effective medicines.
5. Real-Life Examples
- Example 1: A pharmaceutical company that deliberately reduces the active ingredient in a drug to cut costs, rendering the drug less effective or unsafe, while still marketing it as the full-strength medication, would be in violation of Section 276.
- Example 2: A seller who sells fake or counterfeit drugs containing harmful chemicals instead of the intended therapeutic substance, with the knowledge that the product will be used for medicinal purposes, would be committing an offense under this section.
- Example 3: A manufacturer adds toxic substances to a common over-the-counter painkiller to increase profits, while marketing the product as a safe pain reliever. This adulteration, making the drug harmful, would fall under the scope of Section 276.
6. Conclusion
Section 276 of the Bhartiya Nyaya Sanhita, 2023 criminalizes the adulteration of drugs or medical preparations intended for sale or use for medicinal purposes. The section specifically targets intentional adulteration that either reduces the effectiveness of the drug, changes its intended effect, or makes it harmful to the consumer. The punishments include imprisonment for up to one year, a fine up to five thousand rupees, or both. This provision is crucial in ensuring the integrity and safety of medicinal products, thus protecting public health from the risks associated with substandard or harmful drugs.
