Code: Section 274 BNS
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.
Explanation of Section 274 BNS
Section 274 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the criminal offense of adulteration in food and drink. Adulteration refers to the process of intentionally adding harmful substances to food or drink to increase quantity or enhance appearance, which can be dangerous to human health. This section aims to protect consumers from such unethical practices by imposing strict penalties on offenders.
Key Features:
- Scope: Applies to any person who adulterates food or drink intending to sell it or knowing that it is likely to be sold.
- Definition of Adulteration: Involves adding substances that make food or drink harmful, such as chemicals, harmful dyes, starch, soapstone, etc.
- Punishment: Imprisonment for up to six months, a fine up to ₹5,000, or both.
Illustration of Section 274 BNS
- Adulterating Milk:
Ramesh adds detergent to milk to increase its volume before selling it in the market. This makes the milk harmful for consumption. Ramesh can be punished under Section 274. - Contaminating Soft Drinks:
Amit adds artificial colors and non-edible substances to soft drinks to enhance their appearance and taste, intending to sell them to customers. This act is punishable under Section 274. - Adulterated Spices:
Seema sells turmeric powder mixed with yellow dye to increase quantity. Consumers consuming this adulterated spice are at health risk, and she can face legal action under this section.
Common Questions About Section 274 BNS
1. What is meant by ‘adulteration’ in this section?
- Answer: Adulteration refers to the process of adding harmful or non-edible substances to food or drink to increase volume, enhance appearance, or improve taste.
2. What types of food or drink does this apply to?
- Answer: This applies to all food and drink products intended for sale, including dairy products, beverages, spices, cereals, and packaged foods.
3. What are the possible penalties under Section 274?
- Answer: Imprisonment for up to six months, a fine up to ₹5,000, or both.
4. Can a company be punished for adulteration?
- Answer: Yes, companies and individuals associated with the adulteration process can be held responsible under this section.
5. Is it necessary to prove harm to health for punishment?
- Answer: No, even if the adulteration does not cause immediate harm, the intention to sell harmful products is enough for punishment under Section 274.
Conclusion
Section 274 of the Bharatiya Nyaya Sanhita (BNS), 2023 is crucial for safeguarding public health by deterring food and drink adulteration. It imposes strict penalties on individuals or entities involved in such unlawful practices, ensuring that consumers receive safe and genuine products.
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