Section 276 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive summary of Section 276 of the Bharatiya Nyāya Saṃhitā (BNS), 2023 (Chapter XV – Offences affecting public health):
⚗️ Section 276 – Adulteration of Drugs or Medical Preparations
📜 Statutory Text (Simplified)
Any person who adulterates a drug or medical preparation so as to:
Lessen its efficacy,
Alter its action, or
Make it noxious,
with the intent that it will be sold or used for medicinal purposes—even if the user is unaware of the adulteration—shall face punishment of up to 1 year’s imprisonment, and/or a fine up to ₹5,000.
🔍 Key Elements
Actus Reus: Adulterating drugs or medical preparations.
Mens Rea:
Intention to deceive regarding its use.
Knowledge that it’s likely to be used medicinally.
Penalties:
Imprisonment up to 1 year (simple or rigorous),
Fine up to ₹5,000,
Or both.
Scope: Covers all individuals within India, including citizens, residents, manufacturers, or distributors.
🧭 Comparison with IPC
BNS §276 corresponds to IPC Section 274, which also addresses adulteration of drugs.
The BNS version refines modern legal phrasing, but maintains similar penalty structure.
(uppolice.gov.in)
🩺 Public Health Context
Falls under measures to safeguard public health and safety.
Designed to deter:
Manufacturing or selling spurious or tampered medicinal products.
Any action that risks patient wellbeing through diminished efficacy or toxic effects.
(thelegalquotient.com)
✅ At-a-Glance
| Element | Detail |
|---|---|
| Offence | Adulterating drugs/medicinal preparations |
| Intent | To deceive or with knowledge of medical use |
| Penalty | ≤1 year imprisonment, ≤₹5,000 fine, or both |
| Purpose | Protect public health by ensuring drug integrity |
Would you like:
A comparison with the related Section 277–278 on sale of adulterated drugs?
Examples of how courts interpret “adulteration” under this section?
Guidance on prosecuting or defending cases under Section 276?
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