Indian criminal law | IPC Section 274 and BNS Section 276
IPC Section 274: Adulteration of Drugs - Current BNS Law, Ingredients and Punishment
Section 274 of the Indian Penal Code, 1860 (IPC) criminalised adulterating a drug or medical preparation so that its efficacy is reduced, its operation changed, or it becomes noxious, with the requisite intention or knowledge concerning its sale or medicinal use as though unadulterated. Since 1 July 2024, the corresponding central criminal-law provision is Section 276 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Former law: IPC Section 274. Current law: BNS Section 276. Offence: adulterating a drug or medical preparation, with the specified intention or knowledge that it will be sold or used medicinally as if unadulterated. Central-code penalty: imprisonment of either description up to six months, or fine up to Rs 5,000, or both, under BNS Section 276. Special drug-control laws may prescribe different, sometimes more severe, consequences.
What did IPC Section 274 provide?
Under the former IPC Section 274, a person committed the offence by adulterating a drug or medical preparation in a way that lessened its efficacy, changed its operation or made it noxious, while intending that it be sold or used for a medicinal purpose, or knowing that such sale or use was likely, as if it had not been adulterated.
The ordinary punishment stated in IPC Section 274 was imprisonment of either description for up to six months, or a fine up to Rs 1,000, or both. The original statutory description is preserved here for historical reference and for cases where the earlier law remains relevant.
Current law: BNS Section 276 - adulteration of drugs
Section 276 of the Bharatiya Nyaya Sanhita, 2023 is the corresponding provision for adulteration of drugs. It addresses adulteration of any drug or medical preparation so as to reduce efficacy, alter operation or make it noxious, coupled with the specified intention or knowledge that it will be sold or used for a medicinal purpose as if not adulterated.
The provision prescribes imprisonment of either description up to six months, or fine up to Rs 5,000, or both. The fine under the general central criminal-law provision is therefore higher than the Rs 1,000 specified in the former IPC text.
Essential ingredients of the offence
- A drug or medical preparation: the subject matter must be a drug or medical preparation within the relevant statutory language.
- Adulteration: there must be an alteration or contamination of the substance.
- Harmful effect on the preparation: the adulteration must lessen efficacy, change the operation of the preparation, or make it noxious.
- Intention or knowledge: the accused must intend that the article be sold or used for a medicinal purpose, or know that this is likely.
- Representation or use as unadulterated: the contemplated sale or medicinal use must be as though the drug or preparation had not undergone adulteration.
Whether each ingredient is proved depends on evidence such as samples, laboratory analysis, batch records, handling practices, communications and the surrounding circumstances. A mere allegation that a medicine is defective does not by itself establish every element of this particular offence.
Punishment: IPC Section 274 compared with BNS Section 276
| Issue | IPC Section 274 (former) | BNS Section 276 (current) |
|---|---|---|
| Conduct | Adulteration of drugs or medical preparations with the specified intention or knowledge | Corresponding offence of adulteration of drugs |
| Maximum imprisonment | Six months, either description | Six months, either description |
| Maximum fine | Rs 1,000 | Rs 5,000 |
| Combined punishment | Imprisonment and fine may both be imposed | Imprisonment and fine may both be imposed |
Important: These are the punishments under the respective general penal-code provisions. The Drugs and Cosmetics Act, 1940 and other applicable legislation contain separate offences and penalty schemes. They must be examined independently in a real case.
Practical examples
Diluting a medicinal preparation for sale
A person intentionally dilutes a medicinal preparation so that its efficacy is reduced and plans to sell it as the original, unaltered product. Subject to proof of the statutory elements, the conduct may fall within the offence.
Adding a harmful substance to a medicine
A person mixes a harmful substance into a medicinal product, making it noxious, while knowing it is likely to be supplied for medicinal use as though unchanged. The criminal-law provision may apply, along with relevant drug-control laws.
Accidental quality failure versus intentional adulteration
A medicine may fail quality tests because of storage, manufacturing or distribution problems. That may raise regulatory questions, but liability under BNS Section 276 still requires proof of the ingredients of that offence, including the specified intention or knowledge.
How is adulteration different from sale of adulterated drugs?
IPC Section 274 / BNS Section 276 focuses on the act of adulterating the drug or medical preparation with the required mental element. IPC Section 275 / BNS Section 277 separately concerns sale, offering for sale or issue from a dispensary of adulterated drugs, with the knowledge specified in that provision. Different facts and evidence may support one or more offences.
Drugs and Cosmetics Act, 1940: additional statutory rules
The Drugs and Cosmetics Act, 1940 regulates the import, manufacture, sale and distribution of drugs and cosmetics. Its definitions and prohibitions may apply to conduct involving adulterated or spurious medicines, independently of the general criminal-code provisions.
- Section 17A: identifies circumstances in which a drug is deemed adulterated for the purposes of that Act.
- Section 17B: addresses spurious drugs, a distinct statutory classification.
- Section 18: imposes specified prohibitions relating to manufacture, sale and distribution, subject to the Act and rules.
- Section 27: sets out penalties for specified contraventions, with consequences depending on the exact category and facts.
Not every drug that is adulterated under the Drugs and Cosmetics Act automatically satisfies every element of BNS Section 276, and vice versa. Classification, prosecution and punishment require an assessment of the applicable statute and evidence.
Evidence and enforcement
Possible evidence includes legally collected and sealed samples, laboratory reports, supply-chain records, manufacturing records, labels and testimony. Sampling and analysis under the Drugs and Cosmetics Act are subject to statutory procedures. Affected persons may report suspected violations to the relevant State Drugs Control Department or other competent authority; urgent risks should be reported promptly to appropriate health or law-enforcement authorities.
Frequently asked questions
Which BNS section corresponds to IPC Section 274?
BNS Section 276 is the corresponding current provision for adulteration of drugs.
What is the punishment under BNS Section 276?
Imprisonment of either description up to six months, or a fine up to Rs 5,000, or both, under that provision. Other laws may apply separately.
Must a patient actually be harmed?
The provision focuses on adulteration having one of the specified effects and the required intention or knowledge about medicinal sale or use. Actual injury to a patient is not expressly listed as a necessary element of this offence.
Does every substandard medicine constitute this offence?
No. A regulatory quality failure and the elements of a criminal adulteration offence are not identical. The facts, evidence and applicable statutory definitions matter.
Does IPC Section 274 still apply to past conduct?
The BNS commenced on 1 July 2024 and repealed the IPC subject to the savings in BNS Section 358. Offences allegedly committed before commencement require analysis of the law then in force and the savings provisions.
Official legal sources and related sections
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 276, 277 and 358).
- India Code - official central legislation portal (IPC and Drugs and Cosmetics Act, 1940).
- Central Drugs Standard Control Organisation (CDSCO) - official drug regulatory information.
- IPC Section 275 - Sale of adulterated drugs.
- IPC Section 276 - Sale of a drug as a different drug or preparation.
- Indian Penal Code - sections and punishments.
Last reviewed: 30 October 2026. This article is general legal information, not advice on a specific case. Consult the current official text and any applicable amendments, rules and State legislation.