Indian Penal Code

Introduction

The term adulteration is defined as substituting original crude drug partially or wholly with other similar looking substances. The substance, which is mixed, is free from or inferior in chemical and therapeutic property.

• Sections 274 to 276 contained in Chapter XIV of the Indian Penal Code, 1860 (IPC) contains provisions in relation to adulteration of drugs

Adulteration of Drugs

• Section 274 of IPC deals with the adulteration of drugs.
• It states that 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 six months, or with fine which may extend to one thousand rupees, or with both.
• The offence of adulteration is non-cognizable, non-bailable offence which is triable by any magistrate.

Sale of Adulterated Drugs

• Section 275 of IPC deals with the sale of adulterated drugs.
• It states that whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, 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.

Sale of Drug as a Different Drug or Preparation

• Section 276 of IPC deals with the sale of drug as a different drug or preparation.
• It states that whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, 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.