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BNS Section 274: Adulteration Of Food Or Drink Intended For Sale
Section 274 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 270 specifically deals with adulteration of edibles. Let us take a closer look at its provisions.
Definition of BNS Section 274
Section 274 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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 and Illustration of BNS Section 274
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of adulteration of food and drink. Let us break down the section to get a better understanding of it.
Offence
For the purpose of this section, adulteration is defined as any action that causes a food or drink to become noxious. It states that such an act shall be considered an offence under the provisions of this section if:
Any person who performs the above actions shall be prosecuted under the provisions of section 274.
Punishment
Any person who adulterates food and drink
shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
The above actions may not be an offence under this section if:
Illustration
Z works in a food processing plant. The plant upgrades some machinery leading to layoffs, due to which Z also loses his or her job. Out of spite, Z adulterates the food with certain pesticides known to cause bowel problems. The adulteration is detected by the quality check department and Z is identified as the culprit. Z is prosecuted under the provisions of Section 274.
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 274
This section deals with: Adulteration of commercial food and drink.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 274 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 274 of BNS replaces Section 272 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 274 | Adulteration of food or drink intended for sale. | 272 | Upper limit of fine is increased from one thousand to five thousand rupees. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 274 of the Bharatiya Nyaya Sanhita (BNS)
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