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BNS Section 276: Adulteration Of Drugs
Section 276 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 to matters of public health, safety and decency. Section 276 specifically deals with adulteration of drugs. Let us take a closer look at its provisions.
Definition of BNS Section 276
Section 276 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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.
Explanation and Illustration of BNS Section 276
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 drugs. Let us break down the section to get a better understanding of it.
Offence
This section specifically deals with the adulteration of drugs or any other kind of preparation being sold or used for medical purposes. Such an action shall be considered an offence if:
The above actions shall be considered an offence under the provisions of section 276 if it meets any one of the following two criteria:
The above mentioned actions performed under the mentioned criteria shall be prosecuted under the provisions of Section 276.
Punishment
When a person adulterates a drug or medical preparation rendering it useless, ineffective or contrary to its originally intended purpose with the intention of selling such preparation or knowing that such preparation is meant for sale shall be punished with imprisonment for a term which may extend to one year, 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:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
Z works in a pharmaceutical company in the drug processing unit. Due to performance reasons, Z is fired from his job. Z illegally enters the processing unit and mixes the processed drug with a chemical that is known to cause rashes in the patient. Z is an offender under the provisions of Section 276.
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 276
This section deals with: Adulteration of drugs.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 276 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 276 of BNS replaces Section 274 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 |
|---|---|---|---|
| 276 | Adulteration of drugs | 274 | Upper limit of imprisonment is increased from six months to one year and 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 276 of the Bharatiya Nyaya Sanhita (BNS)
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