Section 274 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here's a detailed overview of Section 274 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which falls under Chapter XV – Offences Affecting Public Health, Safety, Convenience, Decency and Morals:
🍽️ Section 274 – Adulteration of Food or Drink Intended for Sale
⚖️ Offence
This section penalizes anyone who adulterates any food or drink—making it noxious or harmful—with either:
The intention of selling it as food/drink, or
The knowledge or reason to believe it is likely to be sold as food/drink. (kanoongpt.in, vidhijudicial.com)
⚖️ Punishment
Offenders are liable to:
Imprisonment (simple or rigorous) for up to 6 months,
Fine up to ₹5,000,
Or both. (vidhijudicial.com)
🧭 Key Elements to Note
Act of Adulteration
The product must be made noxious or harmful, not just diluted.
Mental Element
Requires intent to sell the adulterated item, or awareness it would likely be sold.
Scope
Covers all types of food and drink intended for sale, from snacks and refreshments to consumables. (law4u.in)
📘 Comparison with Neighboring Sections
Section 273: Similar penalties for the sale of noxious food or drink—regardless of who adulterated it (myjudix.com).
Chapters XII–XV also include offences like drug adulteration (Section 274 BNS relates to drugs, in separate provisions), fouling water, air pollution, rash driving, etc.
📋 Summary Table
| Element | Details |
|---|---|
| Offence | Adulterating food/drink to make it harmful when intended for sale |
| Mental Element | Intent to sell or knowledge it will be sold |
| Penalty | ≤ 6 months’ imprisonment, ≤ ₹5,000 fine, or both |
| Classification | Non‑cognizable, bailable, triable by a magistrate (lawrato.com) |
📝 Practical Example
A vendor mixes in a harmful preservative to extend shelf life, then sells the drink—even without knowledge of specific buyers—reckless sale under Section 274. The vendor could face up to 6 months in jail, a ₹5,000 fine, or both.
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