IPC Section 272 and BNS Section 274: Adulteration of Food or Drink Intended for Sale
Section 272 of the Indian Penal Code, 1860 dealt with adulterating food or drink so that it becomes noxious, with the intention or knowledge that it would be sold. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 274, which increases the maximum fine to Rs. 5,000.
What did IPC Section 272 provide?
Section 272 of the Indian Penal Code, 1860, titled Adulteration of food or drink intended for sale, stated:
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 one thousand rupees, or with both.
The provision required more than a mere departure from a food standard: the adulteration must make the food or drink noxious, and the person must intend its sale or know it is likely to be sold as food or drink.
Former central IPC punishment: imprisonment (simple or rigorous) for up to six months, or fine up to Rs. 1,000, or both. State amendments and their historical applicability may require separate examination.
Essential ingredients of adulteration intended for sale
- Food or drink: an article intended for human consumption as food or drink.
- Act of adulteration: the accused adulterates the article, for example by mixing it with a harmful substance.
- Noxious result: the adulteration renders the article noxious or harmful as food or drink.
- Sale-related intention or knowledge: the accused intends to sell it, or knows that it is likely to be sold, as food or drink.
The prosecution must establish the ingredients on admissible evidence. Laboratory reports, sampling procedures, witness evidence and the accused's conduct may be relevant. The specific requirements of the FSS Act are separate and must also be examined where applicable.
Current provision: BNS Section 274
Section 274 of the Bharatiya Nyaya Sanhita, 2023 is also titled Adulteration of food or drink intended for sale. It retains the central elements of the former IPC offence: adulteration making food or drink noxious, together with the required intention or knowledge concerning sale.
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.
Maximum BNS punishment: imprisonment of either description for six months, or a fine up to Rs. 5,000, or both.
| Feature | IPC Section 272 (former) | BNS Section 274 (current) |
|---|---|---|
| Offence | Adulteration of food or drink making it noxious, intended or likely for sale | Substantially the same description |
| Maximum imprisonment | Six months | Six months |
| Maximum fine under central text | Rs. 1,000 | Rs. 5,000 |
| Applicable period | Historical conduct, subject to savings | From 1 July 2024, subject to other applicable laws |
Related offence: IPC Section 273 concerned selling or offering noxious food or drink; its corresponding BNS provision is Section 275. Adulterating food and selling noxious food are distinct statutory descriptions, even if the facts sometimes overlap.
Interaction with the Food Safety and Standards Act, 2006
The Food Safety and Standards Act, 2006 provides a specialised framework for food safety, including standards, licensing, inspection, sampling, enforcement and penalties. Section 3(1)(zz) defines unsafe food by reference to the circumstances specified in that definition. Section 59 prescribes punishment for unsafe food, with different consequences depending on resulting injury or death. Section 89 gives the Act overriding effect in the event of inconsistency with other food-related laws.
In Ram Nath v. State of Uttar Pradesh (2024 INSC 138), the Supreme Court held that, for the overlapping food-safety offences before it, the special FSS Act framework prevailed over prosecution under IPC Sections 272 and 273. Although the decision concerned the former IPC, it is an important consideration when analysing whether and how the corresponding BNS provisions interact with the FSS Act. Its application to any post-2024 prosecution depends on the precise legal and factual issues.
Consequently, the six-month BNS penalty is not a complete statement of potential food-safety liability. Penalties under the FSS Act can be substantially more serious, particularly where unsafe food causes injury or death. Check the official Act, current regulations and any applicable judicial rulings before deciding which charge or procedure applies.
Official resources: India Code and Food Safety and Standards Authority of India (FSSAI).
Practical illustrations
Harmful chemical added to a beverage
A producer deliberately mixes a harmful chemical into a drink, making it noxious, and packages it for sale. The facts resemble the conduct described in IPC Section 272 and BNS Section 274, although the specialised FSS Act framework and the Supreme Court's ruling must be considered when determining prosecution.
Food contaminated without proof of sale-related knowledge
A food item becomes contaminated accidentally. The contamination alone does not automatically prove the specific intention or knowledge required by BNS Section 274; nevertheless, separate food-safety requirements may apply.
Sale of already spoiled food
A shopkeeper knowingly offers food that has become noxious or unfit for consumption. That conduct may be closer to the description of BNS Section 275 (sale of noxious food or drink), again subject to the applicable FSS Act regime.
Frequently asked questions
Which BNS section corresponds to IPC Section 272?
BNS Section 274, titled Adulteration of food or drink intended for sale.
What is the punishment under BNS Section 274?
Imprisonment of either description for up to six months, or a fine up to Rs. 5,000, or both.
What changed from the old IPC Section 272?
The maximum fine in the central provision increased from Rs. 1,000 to Rs. 5,000. The six-month maximum term of imprisonment remains the same.
Is every substandard food item an offence under BNS Section 274?
No. The section requires adulteration rendering food or drink noxious and the required connection to intended or likely sale. Other violations may instead be governed by the FSS Act and its regulations.
Can a person be prosecuted under both the BNS and the FSS Act for the same food adulteration?
Not automatically. The overriding effect of the FSS Act and the Supreme Court's decision in Ram Nath must be assessed. The permissible prosecution route depends on the statutory overlap, facts and applicable precedent.
Does IPC Section 272 still matter?
Yes, for historical offences and proceedings subject to the relevant repeal-and-savings provisions. For later conduct, the BNS and any applicable special law must be examined.
Official legislation and further reading
- National Crime Records Bureau: Bharatiya Nyaya Sanhita, 2023, Section 274
- India Code: Indian Penal Code, 1860, Section 272 (repealed legislation)
- India Code: Food Safety and Standards Act, 2006, Sections 3, 59 and 89
- FSSAI: food safety legislation, rules and regulations
- Indian Penal Code: historical sections and punishments
General legal information, not legal advice. The applicable statute, punishment and procedure depend on the conduct, date, evidence and jurisdiction.