IPC Section 274

IPC Section 274 – Adulteration of food or drink intended for sale

Textual Explanation:
Section 274 deals with the adulteration of food or drink with the intent to sell it, which is a criminal offense under Indian law.

Key Points:

Who it applies to:

Any person who knowingly adulterates or adds any harmful substance to food or drink that is intended for sale to others.

The person must intend to sell or distribute the food or drink after adulteration.

Definition of Adulteration:

Adulteration means:

Adding poisonous, harmful, or injurious substances to food or drink.

Reducing the quality of the food or drink in any way.

Mixing inferior substances to increase quantity or profit, knowing it may harm someone.

Mental Element (Mens Rea):

The person must act knowingly – they must be aware that the substance added is harmful or adulterated.

If the person unknowingly adds something harmful, Section 274 may not apply (other laws may apply instead).

Punishment:

Whoever commits this offense shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

The law is strict to protect public health.

Purpose of the Law:

To prevent harm to consumers.

To ensure food and drink sold in the market is safe and wholesome.

Example / Illustration:

A shopkeeper mixes water with milk to increase quantity and knows that the water is contaminated or harmful. He sells it to customers.
→ He is guilty under Section 274 IPC.

A manufacturer adds coloring or preservatives in approved amounts that are safe for consumption.
→ Not punishable under Section 274, because the intent is not to harm.

Summary:

Section 274 IPC punishes adulteration of food or drink intended for sale, if done knowingly and with intent to sell.

Punishment: Up to 6 months imprisonment, or fine, or both.

Objective: Protect public health and consumer safety.

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