Introduction of 276 BNS
276 BNS deals with the adulteration of drugs or medical preparations, focusing on safeguarding public health. Medicines are meant to heal, but when tampered with, they can become dangerous to life itself. To safeguard public health, the Bharatiya Nyaya Sanhita (BNS) Section 276 addresses the adulteration of drugs and medical preparations. This section criminalizes any act of mixing, diluting, or altering drugs in a way that reduces their effectiveness, changes their purpose, or makes them harmful. Unlike food adulteration laws, this provision deals specifically with pharmaceuticals, where the consequences of malpractice can be life-threatening. With punishments including imprisonment and fines, Section 276 plays a crucial role in ensuring trust in medicines, protecting patients, and upholding ethical practices in the pharmaceutical industry.
The Bharatiya Nyaya Sanhita (BNS) Section 276 replaces the old Indian Penal Code (IPC) Section 272.
- Introduction of 276 BNS
- What is BNS Section 276 ?
- BNS 276 in Simple Points
- Section 276 BNS Overview
- BNS 276 Punishment
- BNS 276 bailable or not ?
- Bharatiya Nyaya Sanhita Section 276
- BNS Section 276 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 276 ?
BNS Section 276 criminalizes adulterating drugs or medical preparations with the intent to sell or use them for medicinal purposes as if they were unaltered. It aims to safeguard public health by preventing harm caused by compromised or unsafe drugs.
Under Section 276 of the bns act 2023
Whoever adulterates any drug or medical preparation, intending that it shall be sold or used as genuine, or knowing it is likely to be sold or used as genuine, shall be punished with imprisonment which may extend to one year, or with fine up to five thousand rupees, or with both.
1. Meaning of the Provision
This section punishes the adulteration of drugs or medicines that are meant for sale or medicinal use.
- Adulteration means altering the natural quality, strength, or composition of a drug.
- This can include reducing its effectiveness, changing its effect, or making it harmful.
- Liability arises when the offender intends the drug to be sold or knows it is likely to be sold or used as genuine.
- The law ensures that all medicines remain safe and effective for patients.
2. Scope of the Law
- Applies to manufacturers, chemists, pharmacists, and suppliers of drugs.
- Covers all types of drugs and medical preparations like tablets, syrups, injections, and ointments.
- Even if a person does not sell the drug directly but adulterates it knowing it will be sold, he is liable.
- Ensures pharmaceutical safety and prevents malpractice in the healthcare industry.
3. Essential Ingredients
To prove an offense under Section 276, it must be shown that:
- The accused adulterated a drug or medical preparation.
- The adulterated drug was intended to be sold or likely to be used as genuine.
- The accused knew or had reason to believe that the drug would be sold or used.
If adulteration occurred accidentally or without knowledge, this section may not apply.
4. Examples of BNS 276
- Example 1: A drug manufacturer mixes cheap fillers into life-saving injections to increase profits.
- Example 2: A chemist dilutes cough syrup with excess water but labels it as the original product.
- Not Covered: A pharmacy unknowingly sells a medicine that was adulterated at the factory without their knowledge.
5. Punishment under BNS Section 276
- Imprisonment → Up to 1 year.
- Fine → Up to ₹5,000.
- Both → In serious cases, the court may impose both imprisonment and fine.
6. Legal Classification
- Non-Bailable → Bail is not a matter of right; it can only be granted by the court.
- Non-Cognizable → Police need prior Magistrate’s order to investigate or arrest.
- Non-Compoundable → The case cannot be settled privately between parties.
- Triable by → Any Magistrate.
7. Importance of BNS Section 276
- Protects patients from unsafe or ineffective medicines.
- Maintains public trust in the pharmaceutical system.
- Holds manufacturers, chemists, and suppliers accountable for malpractice.
- Sends a strong warning that tampering with drugs is a serious crime against society.
Section 276 BNS Overview
BNS Section 276 addresses the adulteration of drugs or medical preparations. It criminalizes any act of modifying drugs in a way that reduces their effectiveness, alters their intended operation, or makes them harmful, especially if done with the intent to sell or use the adulterated drugs as unaltered ones. This section safeguards public health by ensuring that drugs retain their prescribed safety and efficacy standards.
Key Points of BNS Section 276
- Prohibition of Drug Adulteration
The section strictly forbids tampering with any drug or medical preparation. Such tampering includes actions that reduce the drug’s efficacy or alter its operation, posing a risk to users’ health. This ensures that only safe and unaltered drugs are made available for public use. - Scope of Adulteration
The law covers all forms of adulteration, including actions that make the drug harmful or toxic. Any alteration that changes the drug’s intended effects, even slightly, falls under this section’s purview. This broad scope addresses all possible risks of adulteration. - Intention and Knowledge
The offense applies when the adulteration is done with the intent to sell or use the drug as if it were genuine. It also applies if the offender knows that the adulterated drug is likely to be sold or used for medicinal purposes, ensuring accountability for deliberate or informed actions. - Public Health Protection
By criminalizing adulteration, this section protects the public from the dangers of unsafe drugs. Adulterated medicines can cause severe health risks, including ineffective treatment or harmful side effects, emphasizing the law’s critical role in public safety. - Punishment for Offense
The section prescribes imprisonment of up to one year, a fine of ₹5,000, or both. This strict penalty reflects the seriousness of the crime, aiming to deter individuals or organizations from compromising the safety of drugs. - Non-Bailable Nature
The offense is non-bailable, meaning bail is not automatically granted. This classification underscores the crime’s gravity and ensures judicial oversight before releasing the accused. - Non-Cognizable Offense
As a non-cognizable offense, police cannot initiate an investigation without prior approval from a Magistrate. This provides an additional layer of judicial control over such cases. - Applicability Across Medical Preparations
The law applies to all types of drugs and medical preparations, including tablets, liquids, injections, and topical applications. This ensures comprehensive coverage against drug adulteration. - Role of Intention in Liability
The offender’s intention plays a crucial role in determining liability. If the adulteration was intended to deceive or harm, the law ensures strict accountability. It holds individuals and entities accountable for deliberate acts of malpractice. - Trial by Magistrate
Cases under this section are triable by any Magistrate. This provision ensures that cases are handled efficiently, providing swift justice to protect public health.
Examples of BNS Section 276
- Use of Substandard Ingredients:
A drug manufacturer uses cheap, low-quality ingredients in a life-saving injection, reducing its effectiveness and causing adverse effects in patients. - Intentional Mislabeling of Drugs:
A chemist dilutes a syrup meant for fever treatment with excessive water but labels it as the original product, knowingly compromising its efficacy.
BNS 276 Punishment
- Imprisonment:
The law prescribes imprisonment of up to one year for those found guilty of adulterating drugs. This punishment acts as a deterrent against compromising the safety of medicines. - Fine:
A fine of up to ₹5,000 may also be imposed. The financial penalty ensures accountability and serves as a punitive measure for offenders. - Combined Punishment:
In some cases, the offender may face both imprisonment and a fine, depending on the severity and impact of the crime. The dual penalty reflects the law’s strict stance on public health violations.
BNS 276 bailable or not ?
BNS Section 276 is classified as a non-bailable offense. This means the accused does not have the automatic right to bail and must seek bail through the court. The non-bailable status emphasizes the serious implications of drug adulteration.
Bharatiya Nyaya Sanhita Section 276
| Offense | Adulteration of drugs or medical preparations. |
| Punishment | Imprisonment up to 1 year, fine up to ₹5,000, or both. |
| Bailable / Non-Bailable | Non-bailable. |
| Cognizable / Non-Cognizable | Non-cognizable. |
| Trial by | Any Magistrate. |
Comparison: BNS Section 276 vs IPC Section 272
| Comparison Point | BNS Section 276 | IPC Section 272 (old) |
|---|---|---|
| Short description | Adulteration of drugs or medical preparations so as to reduce efficacy, alter effect, or make them harmful, with intent to sell or knowledge it will be sold/used as genuine. | (Equivalent) Adulterating medical preparations to render them noxious or unfit for medicinal use when intended for sale or use. |
| Mental element (mens rea) | Intent to sell adulterated drugs OR knowledge that they are likely to be sold or used as genuine. | Similar—intention or knowledge in relation to sale or use of adulterated medical preparations. |
| Punishment | Imprisonment up to 1 year, or fine up to ₹5,000, or both. | Same maximum: imprisonment up to 1 year, fine, or both. |
| Cognizability / Bailability | Non-cognizable (police need Magistrate’s order), Non-bailable. | Traditionally treated as non-cognizable; bail subject to court discretion under IPC practice. |
| Compoundable / Trial | Non-compoundable; triable by any Magistrate. | Non-compoundable; triable by Magistrate (same practice). |
| Practical effect | Ensures drug safety by holding manufacturers, suppliers, and chemists accountable for adulteration. | Same effect—protects public health by penalizing adulteration of medicines. |
| Notable changes | Rewritten under BNS with clearer emphasis on pharmaceutical safety; retains penalties of IPC §272. | Original IPC provision; substance retained in BNS with updated language and structure. |
BNS Section 276 FAQs
What does BNS Section 276 deal with?
BNS Section 276 penalizes the adulteration of drugs or medical preparations, ensuring they are safe, effective, and unaltered for their intended use.
What are the punishments under this BNS section 274?
The offender may face imprisonment of up to one year, a fine of ₹5,000, or both, depending on the case’s severity.
Is BNS Section 276 bailable or non-bailable?
It is a non-bailable offense, meaning bail can only be granted by the court and not as a matter of right.
What does “adulteration” mean in this context?
Adulteration refers to altering a drug to reduce its efficacy, change its operation, or make it harmful while intending to sell or use it as genuine.
Who can investigate cases under this section?
Since the offense is non-cognizable, police require prior approval from a Magistrate to investigate cases under BNS Section 276.
What types of drugs does this section cover?
This section applies to all forms of drugs and medical preparations, such as tablets, syrups, injections, and ointments.
Conclusion
BNS Section 276 highlights the government’s strict stance on drug adulteration and pharmaceutical malpractice. By classifying the offense as non-bailable and non-compoundable, the law emphasizes its seriousness and ensures judicial oversight in every case. With imprisonment of up to one year, fines, or both, it acts as both a punitive and preventive measure. The law covers all types of drugs—whether tablets, syrups, or injections—ensuring that no part of the medical supply chain escapes responsibility. Ultimately, Section 276 is not just a legal safeguard but a public health shield, protecting patients from unsafe medicines and holding offenders accountable.
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