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.
Simplified Explanation
Section 274 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the adulteration of food or drink that is intended for sale. Adulteration here refers to the act of contaminating or altering food or drink in a way that makes it unsafe or harmful for consumption. The section provides penalties for individuals who engage in such practices with the intent to sell the adulterated product.
Here’s a detailed breakdown of the section:
1. Adulteration of Food or Drink
- Adulteration refers to the practice of mixing or adding harmful substances to food or drink that compromise its quality, safety, and nutritional value. This could include:
- Adding toxic chemicals or preservatives to extend shelf life.
- Mixing low-quality or harmful ingredients to increase quantity or reduce costs.
- Contaminating food or drink with substances that make it unsafe for consumption.
- The adulterated product is intended for sale, meaning that the person adulterating the food or drink does so with the aim of selling it to consumers.
2. Making the Product Noxious
- The adulteration must make the food or drink noxious, meaning that the altered substance is harmful or dangerous to health. If the adulteration makes the product unfit for consumption or poses a risk to health, it is considered noxious.
- Example: Adding non-food-grade chemicals to milk to make it appear creamier, or mixing harmful preservatives into fruit juices to prolong their shelf life, would make the product noxious.
3. Intent or Knowledge of Sale
- Intending to sell: The adulterator may directly intend to sell the adulterated product as food or drink, knowing that it is contaminated or unsafe for consumption.
- Knowing it is likely to be sold: If the person knows, or has reason to believe, that the adulterated food or drink will be sold to consumers, even if they do not directly engage in the sale themselves, they are still culpable.
- Example: A manufacturer or supplier who adds harmful ingredients to a food product and then sends it to the market, knowing it will be sold to consumers, would be covered under this section.
4. Punishment
- If a person is found guilty of adulterating food or drink with the intent to sell, they can be punished with:
- Imprisonment: A term of imprisonment that may extend to six months. This reflects the seriousness of the offense, as adulterated food or drink can pose significant health risks to the public.
- Fine: The individual may be fined up to five thousand rupees, which serves as a financial penalty for the harmful practice.
- Both: The court may impose both imprisonment and a fine, depending on the severity of the offense and the discretion of the court.
5. Purpose of the Section
- The primary goal of Section 274 is to protect public health by criminalizing the practice of adulterating food or drink intended for sale. By imposing penalties, the law aims to deter such practices and ensure that food and drink sold to consumers are safe and free from harmful substances.
- This section is particularly relevant in the context of food safety and consumer protection. It ensures that food products that reach the market are safe for consumption and not harmful to people’s health.
6. Real-Life Examples
- Example 1: If a food manufacturer adds harmful chemicals, such as non-edible coloring or excessive preservatives, to a food product like candy or fruit juice to make it look more appealing or last longer, knowing it will be sold in the market, they would be violating Section 274.
- Example 2: A vendor who sells adulterated milk (mixed with detergents or harmful substances) to consumers, despite knowing it will be consumed as food, would be guilty under this section.
7. Conclusion
Section 274 of the Bhartiya Nyaya Sanhita, 2023, aims to safeguard public health by penalizing the adulteration of food or drink intended for sale. The law holds individuals accountable for altering food or drink in ways that make it harmful or unsafe for consumption. The penalties for such actions include imprisonment for up to six months, a fine up to five thousand rupees, or both, depending on the severity of the offense. This section reflects the importance of maintaining food safety and consumer protection standards.
