276 BNS

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Introduction of 276 BNS

276 BNS deals with the adulteration of drugs or medical preparations, focusing on safeguarding public health. It criminalizes tampering with drugs to reduce their efficacy, alter their effects, or make them harmful. The law applies to any drugs intended for sale or medicinal use. Offenders can face imprisonment of up to one year, a fine of ₹5,000, or both. This offense is non-bailable and non-compoundable, highlighting its seriousness. The section aims to prevent malpractice in the pharmaceutical industry and ensure drug safety.

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The Bharatiya Nyaya Sanhita (BNS) Section 276 replaces the old Indian Penal Code (IPC) Section 272.

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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.

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BNS 276 in Simple Points

1. Adulteration of Drugs Defined
   Adulteration refers to modifying a drug or medical preparation in a way that reduces its effectiveness, changes its operation, or makes it harmful. Any act that compromises the integrity or safety of the drug falls under this section. For example, mixing impure substances into a drug to increase profit margins directly violates this law.
2. Intent to Sell or Use Adulterated Drugs
   The section applies when the offender knowingly adulterates drugs intending to sell or use them as genuine. Even if the person is aware of the likelihood that the drug may be sold or used, they are liable. This ensures that individuals who knowingly put public health at risk are held accountable.
3. Public Health Implications
   Adulterated drugs can lead to ineffective treatment, worsening health conditions, or even life-threatening consequences. By criminalizing such acts, this section ensures the safety and efficacy of medicines available in the market, protecting consumers from potential harm.
4. Non-Bailable and Non-Cognizable Offense
   Adulteration of drugs is classified as a non-bailable and non-cognizable offense. This means the accused cannot obtain bail automatically and the police require prior approval from a Magistrate to initiate an investigation. These classifications highlight the seriousness of the crime.
5. Comprehensive Coverage of Drugs
   This section applies to all forms of medical preparations, including tablets, syrups, injections, and ointments. It ensures that every type of drug is protected from adulteration, safeguarding the health of individuals relying on these medicines.

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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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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

1. 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.
2. 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.

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BNS 276 Punishment

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1. 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.
2. 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.
3. 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.

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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.

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Bharatiya Nyaya Sanhita Section 276

BNS Section 276	Details
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.

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BNS Section 276 FAQs

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