Introduction BNS 274
BNS 274 (Adulteration of food and drink is not just dishonest — it’s dangerous.) criminalises making food or beverages noxious for consumption when intended for sale, holding suppliers, manufacturers and vendors strictly accountable. This provision strengthens consumer safety by targeting persons who knowingly contaminate foodstuffs or prepare them for sale despite being aware that the product will cause harm. In this post we explain the scope, elements and penalties under BNS §274, and compare it with the older IPC §272 so you can easily see what’s changed and what remains the same.
The Bharatiya Nyaya Sanhita (BNS) Section 274 replaces the old Indian Penal Code (IPC) Section 272.
What is BNS Section 274 ?
BNS Section 274, adulteration of any food or drink to make it harmful (noxious) for consumption, with the intention to sell it or with the knowledge that it could be sold, is an offense punishable by law.
Under Section 274 of the bns act 2023
Whoever adulterates any food or drink, so as to make it noxious as food or drink, intending to sell such food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment which may extend to six months, or with fine up to five thousand rupees, or with both.
1. Meaning of the Provision
- This section punishes adulteration of food and drink that is intended for sale.
- “Adulteration” means mixing, adding, or altering the natural composition of food or beverages in a way that makes them harmful for human consumption.
- The law ensures that food and beverages in the market remain safe for consumers.
2. Scope of the Law
- Applies to manufacturers, vendors, distributors, or suppliers who tamper with food products.
- Even if the person does not directly sell the item but knows it is likely to be sold, they are liable.
- Protects public health and consumer rights by holding sellers accountable.
3. Essential Ingredients
To establish an offense under this section, it must be proved that:
- The accused adulterated food or drink.
- The adulteration rendered the food or drink harmful/noxious.
- The adulteration was done with the intention to sell or with knowledge that it would be sold.
Accidental contamination or unintentional mistakes do not fall under this section.
4. Examples of BNS 274
- Example 1: A milk supplier mixes harmful chemicals to preserve diluted milk before selling it.
- Example 2: A vendor knowingly sells spices mixed with artificial inedible coloring to make them look fresh.
- Not Covered: A farmer unintentionally sells food that gets spoiled during storage without knowledge of contamination.
5. Punishment under BNS Section 274
- Imprisonment → Up to 6 months.
- Fine → Up to ₹5,000.
- Both → In serious cases, the court can impose both jail and fine.
This dual punishment ensures strict action against offenders and works as a deterrent.
6. Legal Classification
- Bailable → The accused can apply for bail.
- Non-Cognizable → Police require Magistrate’s order before investigation/arrest.
- Non-Compoundable → The matter cannot be settled privately.
- Triable by → Any Magistrate.
7. Importance of BNS Section 274
- Safeguards public health and safety.
- Protects consumer trust in food markets.
- Holds food suppliers and vendors legally accountable.
- Sends a strong message that tampering with food for profit will not be tolerated.
Section 274 BNS Overview
BNS Section 274 deals with the offense of adulterating food or beverages intended for sale, making them harmful for consumption. It aims to ensure consumer safety by penalizing those who knowingly or intentionally compromise the quality of food or drink.
10 Key Points of BNS Section 274
1. Adulteration Defined
BNS Section 274 deals with the offense of food and drink adulteration. Adulteration means altering the natural quality of food or beverage by adding harmful or unnecessary substances or by removing essential elements that make them safe for consumption. This act compromises food safety and poses risks to public health. For example, mixing harmful chemicals in milk to increase volume or diluting edible oils with unsafe substances falls under this offense.
2. Intentional Act
For an act to qualify under Section 274, adulteration must be done knowingly or with intention. If a manufacturer deliberately adds unsafe preservatives, chemicals, or cheap fillers to food products, they are committing an offense. The focus is on the guilty intention of the person, not accidental contamination. Therefore, only intentional adulteration aimed at profit or sale comes under this section.
3. Likely Sale of Adulterated Food
Section 274 is specifically concerned with adulteration that makes food or beverages noxious, i.e., harmful to health. This includes both immediate risks, such as food poisoning caused by contamination, and long-term dangers, such as cancer or organ damage caused by toxic substances. The law ensures that any act that can endanger consumer health is treated as a punishable offense.
5. Consumer Protection Focus
One of the main aims of Section 274 is to protect consumers. Food safety is a basic right, and this law ensures that manufacturers, sellers, and distributors uphold their responsibility toward public well-being. By holding violators accountable, it promotes trust in the food system and ensures that people can consume food and beverages without fearing hidden dangers.
6. Punishment as a Deterrent
To discourage adulteration practices, Section 274 prescribes punishment of up to six months of imprisonment, a fine of ₹5,000, or both. This dual system of jail time and monetary penalty ensures that offenders face real consequences. The punishments are intended to deter individuals and businesses from engaging in harmful practices and to reinforce the seriousness of food safety.
7. Non-Cognizable Offense
Offenses under Section 274 are non-cognizable, meaning that the police cannot investigate or arrest without the prior approval of a Magistrate. This classification ensures judicial oversight and prevents misuse of power. It also reflects that while food adulteration is a serious matter, it is not treated at par with heinous crimes like murder or dacoity, which require immediate police action.
8. Bailable Offense
Section 274 makes the offense bailable, allowing the accused to secure bail during trial proceedings. This means that while the offender will still face charges, they will not be subjected to unnecessary detention while awaiting judgment. This balances the rights of the accused with the need to maintain accountability for adulteration practices.
9. Triable by Any Magistrate
Cases under Section 274 can be tried by any Magistrate, making the judicial process more accessible. Since adulteration often happens at the local level—such as in small shops, markets, or regional suppliers—this provision ensures that offenders can be prosecuted quickly and efficiently without requiring higher courts to intervene unnecessarily.
10. Non-Compoundable Offense
Section 274 classifies adulteration as a non-compoundable offense, which means it cannot be settled privately between the accused and the complainant. This emphasizes that food safety is not a personal dispute but a matter of public health. Since adulteration can harm many people, it is treated as a crime against society rather than an issue that can be resolved outside the legal system.
Examples of BNS Section 274
- Example 1:
A dairy supplier mixes water with milk to increase quantity but also adds harmful chemicals to preserve it. This makes the milk unsafe for consumption. The supplier can be punished under BNS Section 274. - Example 2:
A vendor knowingly sells spices mixed with inedible coloring agents to make them appear fresh and vibrant. The addition of harmful substances endangers health, making it an offense under this section.
BNS 274 Punishment
- Imprisonment: Up to 6 months.
- Fine: Up to ₹5,000, or both imprisonment and fine
BNS 274 bailable or not ?
This offense is bailable, meaning the accused has the right to seek bail.
Comparison table : BNS Section 274 vs IPC Section 272 C
| Section | What it Means | Punishment / Consequence | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 274 | Deals with adulteration of food or drink intended for sale that makes it noxious or harmful for human consumption. Focuses on intentional contamination by manufacturers, vendors, or suppliers. | Punishable with imprisonment up to 6 months, or fine up to ₹5,000, or both. Ensures consumer safety and strict accountability for adulteration. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 272 (Old) | Punished adulteration of food or drink intended for sale that rendered it unfit or dangerous. The scope was similar but lacked modern consumer-protection emphasis. | Punishable with imprisonment up to 6 months, or fine, or both. Did not specify a fixed fine amount or modern public-health context. | Bailable | Non-Cognizable | Any Magistrate |
| Key Difference: BNS Section 274 refines IPC Section 272 with clearer wording, introduces a defined fine limit of ₹5,000, and highlights public health and consumer protection. The punishment remains the same, but the language and focus are modernized. | |||||
BNS Section 274 FAQs
What does BNS Section 274 prohibit?
It prohibits adulterating food or drink to make it harmful and then selling or intending to sell it.
What is the maximum punishment under this BNS section 274?
The maximum punishment is 6 months imprisonment, a fine of ₹5,000, or both.
Is this BNS 274 offense bailable?
Yes, BNS Section 274 is a bailable offense.
Conclusion
BNS Section 274 sends a clear message: tampering with food for profit will be punished. By criminalising intentional adulteration intended for sale (or where sale is likely), the law protects public health and consumer trust. Businesses, suppliers and distributors must adopt strict quality controls and transparent practices — and consumers should remain vigilant. If you suspect adulteration, report it to local authorities so that public safety is preserved.
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Finished with BNS 274 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 275 BNS : Sale of noxious food or drink.
- https://marriagesolution.in/bns_section/275-bns/
- 276 BNS : Adulteration of drugs.
- https://marriagesolution.in/bns_section/276-bns/
- 277 BNS : Sale of adulterated drugs.
- https://marriagesolution.in/bns_section/277-bns/
- 278 BNS : Sale of drug as a different drug or preparation.
- https://marriagesolution.in/bns_section/278-bns/
- 279 BNS : Fouling water of public spring or reservoir.
- https://marriagesolution.in/bns_section/279-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list