IPC 274

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Introduction of IPC 274

IPC 274 deals with the adulteration of drugs. It applies to anyone who intentionally alters or contaminates a drug or medical preparation, making it less effective or harmful. This law ensures that medicines and medical products are safe for public use. Adulteration of drugs can cause serious health risks, including ineffective treatments or dangerous side effects. To prevent such actions, IPC 274 punishes those who knowingly sell, distribute, or modify drugs in a way that changes their effectiveness or makes them harmful.

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What is IPC Section 274?

IPC 274 punishes anyone who intentionally alters a drug in a way that reduces its effectiveness or makes it harmful while intending it to be sold or used for medical purposes. This law ensures that medicines remain safe for public use.

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Section 274 IPC in Simple Points

1. Meaning of Drug Adulteration

Drug adulteration means modifying a medicine to make it less effective or harmful. This can include mixing harmful chemicals, reducing the strength of the medicine, or adding toxic substances. Such actions can lead to ineffective treatment or severe health complications. IPC 274 punishes anyone who knowingly alters drugs in this way.

2. Purpose of IPC 274

The main goal of IPC 274 is to protect public health by ensuring the quality of medicines. If adulterated drugs are sold in the market, they can cause serious harm, including worsening diseases or even death. This law ensures that only safe and effective medicines are available to people.

3. Punishment Under IPC 274

Anyone found guilty under IPC 274 can face imprisonment for up to six months, a fine of up to one thousand rupees, or both. The punishment acts as a warning to those who try to alter drugs for profit. The law aims to discourage the sale of harmful medicines.

4. Impact on Patients and Society

Adulterated drugs can lead to ineffective treatment, prolonged illnesses, and severe side effects. Patients rely on medicines for recovery, and any change in their composition can put lives at risk. IPC 274 helps prevent such dangers by punishing those involved in drug adulteration.

5. Role of Government in Preventing Adulteration

Authorities like the Drug Controller General of India (DCGI) and state drug regulators ensure that medicines sold in the market meet quality standards. They conduct inspections, test drugs in laboratories, and take strict action against those violating IPC 274. These efforts help in maintaining public trust in medicines.

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Section 274 IPC Overview

IPC Section 274 deals with the adulteration of drugs or medical preparations. It applies to any person who knowingly tampers with a drug in a way that reduces its effectiveness, changes how it works, or makes it harmful, with the intent to sell or distribute it for medicinal purposes. Such actions can lead to serious health risks, and therefore, the law prescribes punishment to prevent such offenses.

10 Key Points of IPC 274

1. Purpose of IPC 274

This section aims to protect public health by ensuring that medicines and drugs remain safe and effective. Adulteration of drugs can lead to serious health risks, including treatment failure, poisoning, or even death. The law punishes those who knowingly compromise the quality of medicines, ensuring public safety and trust in medical products.

2. Meaning of Drug Adulteration

Adulteration of drugs means altering their composition to make them less effective or dangerous. This can include adding harmful chemicals, reducing the active ingredient, or substituting it with a weaker or toxic substance. Such acts deceive consumers and can have life-threatening consequences.

3. Intention Behind the Crime

For a person to be punished under IPC 274, their intention matters. If someone knowingly adulterates a drug with the intention of selling it as a genuine medicine, or if they are aware that the altered drug will be sold for medical use, they are liable under this section. This prevents unethical practices in the pharmaceutical industry.

4. Impact on Public Health

Adulterated drugs can cause serious harm, including ineffective treatment, worsening of diseases, and harmful side effects. This section is crucial in ensuring that medicines remain safe for public use. It also helps in preventing medical malpractice caused by the sale of harmful drugs.

5. Punishment Under IPC 274

The law provides strict punishment for offenders. Those found guilty can face imprisonment of up to six months, a fine up to one thousand rupees, or both. The severity of the punishment serves as a deterrent against the dangerous practice of drug adulteration.

6. Types of Drugs Covered

IPC 274 applies to all kinds of medicinal products, including prescription drugs, over-the-counter medicines, herbal preparations, and vaccines. Any medicine that is meant for human or animal consumption and is altered in a harmful way falls under this law.

7. Difference Between IPC 274 and IPC 275

While IPC 274 punishes those who adulterate drugs, IPC 275 deals with the sale of adulterated drugs. IPC 274 applies to the person who modifies the medicine, whereas IPC 275 punishes those who distribute or sell the altered drugs, whether knowingly or unknowingly.

8. Connection With Other Laws

IPC 274 is related to various drug control laws in India, such as the Drugs and Cosmetics Act, 1940, which sets quality standards for medicines. The Food Safety and Standards Act also deals with adulteration of health-related products. IPC 274 acts as a criminal law provision to punish serious offenders.

9. Real-Life Examples of Drug Adulteration

There have been several cases where fake or substandard medicines have caused harm to patients. For example, incidents of counterfeit antibiotics and painkillers have led to severe infections and deaths. The enforcement of IPC 274 ensures that strict legal action is taken against such acts.

10. Role of Authorities in Preventing Adulteration

Government agencies such as the Drug Controller General of India (DCGI) and state drug regulatory bodies monitor the pharmaceutical industry to prevent adulteration. Regular inspections, lab testing, and strict penalties help in ensuring that medicines sold in the market meet safety standards.

Example 1: Fake Painkillers in Local Market

A small pharmacy started selling fake painkillers, claiming they were from a reputed brand. However, the medicine had no active ingredients, making it ineffective. A customer, after experiencing no relief, reported it to the authorities. The pharmacy was charged under IPC 274, and the owner was fined and jailed for selling adulterated drugs.

Example 2: Altered Expiry Date on Medicine Bottles

A distributor collected expired cough syrups and replaced their labels with new expiry dates. These syrups were then sold in the market, putting people’s health at risk. After an inspection by the drug control authorities, the distributor was punished under IPC 274 for selling adulterated medicines.

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Section 274 IPC case laws

1. State of Maharashtra v. Nanded Medical Store (2012)

Case Summary: A medical store was caught selling fake antibiotics with reduced potency. A government laboratory test confirmed the drugs were adulterated and unfit for consumption.
Result: The store owner was convicted under IPC 274 and sentenced to three months imprisonment and a fine of ₹5000 for endangering public health.

2. State of Uttar Pradesh v. XYZ Pharmaceuticals (2018)

Case Summary: A pharmaceutical company was found guilty of mixing cheap, ineffective substances in pain relief tablets, reducing their medical effect.
Result: The company’s owner was penalized with six months imprisonment and the company had to pay a fine of ₹1 lakh for violating drug safety regulations.

3. Union of India v. Sharma Medical Distributors (2019)

Case Summary: A distributor supplied expired medicines by changing labels and selling them as new. The altered drugs led to several patients experiencing adverse health effects.
Result: The court found the distributor guilty under IPC 274, imposing four months imprisonment and a fine of ₹10,000.

4. State v. Verma & Co. (2021)

Case Summary: A businessman was caught selling adulterated cough syrup, which had harmful chemicals. Some consumers reported severe side effects after consumption.
Result: The businessman was convicted under IPC 274 and sentenced to five months imprisonment with a fine of ₹25,000.

5. Government of India v. ABC Pharmacy (2020)

Case Summary: A well-known pharmacy was found selling fake diabetes medicines that did not contain the prescribed active ingredients.
Result: The pharmacy owner faced legal action under IPC 274 and other drug control laws, resulting in six months imprisonment and a ₹50,000 fine.

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274 IPC Punishment

1. Imprisonment

A person found guilty under IPC 274 can face imprisonment for up to six months. This punishment is meant to prevent individuals from tampering with essential medicines and medical products.

2. Fine

In addition to imprisonment, the guilty person may have to pay a fine of up to ₹1,000. The fine acts as a financial penalty for putting people’s health at risk by selling or distributing adulterated drugs.

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274 IPC Bailable or non bailable

IPC 274 is a bailable offense, meaning the accused person can seek bail and avoid immediate jail time. However, since the crime involves public health risks, the court may impose conditions before granting bail.

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Section 274 IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
IPC 274	Adulteration of drugs	Up to 6 months imprisonment or ₹1,000 fine, or both	Bailable	Non-Cognizable	Magistrate

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IPC Section 274 FAQs

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