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 food or drink in question has been rendered or has become noxious - meaning that either the food has decomposed or has been artificially contaminated making the food or drink unfit for healthy consumption.

The above actions have been performed knowing or having reason to believe that the same is noxious as food or drink - meaning that the person in charge of selling the food or drink is aware of its unfit state and still goes ahead and sells such products.

The above actions shall be considered an offence under the provisions of section 276 if it meets any one of the following two criteria:

It has been adulterated intending that it shall be sold or used for medicinal purposes - Referring to the person adultering a drug or medical preparation and selling it as if it had not undergone such adulteration

It has been adulterated knowing it to be likely that it will be sold or used for medicinal purposes - Referring to adultering a drug or medical preparation being sold by someone else, knowing that the adulterated drug will most likely be sold normally, as if it had not undergone such adulteration.

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:

The offender is forced or coerced into performing such adulteration

The offender is a minor or not of sane mind at the time of performing such action

The offender did not know the adulteration would lead to loss of efficacy or noxiousness

The offender did not know the drug or preparation was meant for sale.

The buyer was warned of the adulteration at the time of the purchase

The drug was not for medical purposes

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:

Any person found guilty of adultering pharmaceutical drugs meant for sale shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section 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.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

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.

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FAQs about Section 276 of the Bharatiya Nyaya Sanhita (BNS)

Is 276 BNS bailable or non-bailable?

Section 276 is a non-bailable offence.

What is the BNS section 276?

Section 276 covers cases where pharmaceutical drugs meant for sale have been intentionally adulterated.

What is the punishment for adulterating drugs under Section 276?

Any person found guilty under this section 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.

Who can be held responsible under BNS 276 for adulterating drugs?

Any person who has knowingly allowed the packaging and sale of such drugs shall be held responsible under this section.

What evidence is required to prosecute under BNS 276?

The primary evidence for adulteration will come from testing the composition of the drugs. As to who is responsible, this requires some kind of witness or record to prove guilt. Further, evidence that this was done intentionally is also required to prove offence under this section.