Section 274 BNS: Adulteration of Food or Drink Intended for Sale
Section 274 of the Bharatiya Nyaya Sanhita, 2023 punishes the adulteration of an article of food or drink when the adulteration makes it noxious and the person intends to sell it, or knows that it is likely to be sold, as food or drink.
Text of Section 274 BNS
274. Adulteration of food or drink intended for 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.
Meaning of Section 274 BNS
The section targets intentional or knowing adulteration connected with sale. The prosecution must establish more than a mere change in the article. The adulteration must make the food or drink noxious, meaning harmful or injurious as food or drink, and the required intention or knowledge regarding sale must also be present.
The expression "intending to sell" covers a case where the person adulterates the article with the purpose of selling it as food or drink. The alternative expression "knowing it to be likely that the same will be sold" covers situations where sale may not be the person's direct purpose but the person knows that sale is likely.
Essential Ingredients of the Offence
- There must be an article of food or drink.
- The accused must adulterate that article.
- The adulteration must make the article noxious as food or drink.
- The accused must intend to sell the article as food or drink, or know that it is likely to be sold as food or drink.
Punishment under Section 274 BNS
A person convicted under Section 274 may be punished with imprisonment of either description for a term extending up to six months, or with a fine extending up to Rs. 5,000, or with both.
What Does "Adulteration" Mean in This Context?
Section 274 does not contain a separate detailed definition of adulteration. Its operative test is whether the person's act of adulterating the food or drink makes the article noxious and whether the required intention or knowledge concerning sale exists.
In the wider food safety framework, the Food Safety and Standards Act, 2006 regulates manufacture, storage, distribution, sale and import of food. That Act separately addresses unsafe food, adulterants, sampling, analysis and penalties. Its concepts may arise in food-safety enforcement, but Section 274 BNS remains a distinct penal provision with its own statutory ingredients.
Section 274 BNS and the Food Safety and Standards Act, 2006
| Provision | Subject |
|---|---|
| Section 274 BNS | Adulteration of food or drink so as to make it noxious, coupled with intention or knowledge regarding sale. |
| Section 57, Food Safety and Standards Act, 2006 | Penalty for possessing adulterant, with different consequences depending on whether the adulterant is injurious to health. |
| Section 59, Food Safety and Standards Act, 2006 | Punishment for unsafe food, with punishment varying according to the resulting injury or death. |
Important: Whether the BNS, the Food Safety and Standards Act, 2006, or both are invoked in a particular matter depends on the facts, the alleged conduct, the applicable statutory provisions and the manner in which the prosecution is framed.
Difference Between Section 274 and Section 275 BNS
Section 274 deals with the act of adulterating food or drink so as to make it noxious, together with the required intention or knowledge relating to sale. Section 275 separately addresses the sale, offer for sale or exposure for sale of an article that is noxious or unfit for food or drink when the person knows or has reason to believe that it is noxious.
Evidence Commonly Relevant to a Section 274 Allegation
Depending on the facts of the case, relevant evidence may include the nature of the substance added or removed, food samples, laboratory or analyst reports, records showing how the article was prepared or handled, evidence of proposed sale, and circumstances bearing on the accused person's intention or knowledge.
Related BNS Provisions
- Section 271 - Negligent act likely to spread infection of disease dangerous to life
- Section 272 - Malignant act likely to spread infection of disease dangerous to life
- Section 273 - Disobedience to quarantine rule
- Section 275 - Sale of noxious food or drink
- Section 276 - Adulteration of drugs
- Section 277 - Sale of adulterated drugs
- Section 278 - Sale of drug as a different drug or preparation
- Section 279 - Fouling water of public spring or reservoir
- Section 280 - Making atmosphere noxious to health
Commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions came into force on 1 July 2024, except the separately excluded provision of Section 106(2). Section 274 is therefore part of the operative BNS framework.
Practical Legal Point
A Section 274 case should be examined by identifying the precise act alleged to constitute adulteration, determining whether the resulting food or drink was made noxious, and assessing the evidence of intention to sell or knowledge that sale was likely. Where food-safety legislation is also invoked, the relevant provisions of the Food Safety and Standards Act, 2006 and the applicable regulations should be examined separately.