BNS Section 276 – Adulteration of drugs
The Indian Penal Code (IPC) Section – 274
Understanding BNS Section 276: Adulteration of Drugs
The safety and efficacy of drugs and medical preparations are critical to public health. Adulterating such products can have severe consequences for patients and society. Section 276 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 276 Say?
Section 276 deals with the act of adulterating drugs or medical preparations, reducing their effectiveness, altering their function, or making them harmful. Here’s what the law states:
- Offense: If a person adulterates any drug or medical preparation:
- To lessen its efficacy (effectiveness), or
- To change its operation (how it works), or
- To make it noxious (harmful),
with the intention or knowledge that it will be sold or used for medicinal purposes as if it were unadulterated, they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 1 year,
- A fine of up to 5,000 rupees, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Adulterating drugs or medical preparations to reduce efficacy, alter function, or make them harmful. |
| Punishment | Up to 1 year in jail, a fine of up to 5,000 rupees, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Non-bailable: The accused cannot seek bail as a matter of right. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Protects Public Health: It ensures that drugs and medical preparations are safe and effective for patients.
- Ensures Accountability: It holds individuals responsible for adulterating medicinal products, which can have life-threatening consequences.
- Maintains Trust in Healthcare: It helps maintain trust in the healthcare system by discouraging fraudulent practices.
Examples of Offenses Under Section 276
- Example 1: A pharmacist dilutes a life-saving drug, reducing its effectiveness, and sells it to patients.
- Example 2: A manufacturer adds harmful substances to a medical preparation, making it dangerous for consumption.
- Example 3: A supplier alters the composition of a drug, changing its intended function, and distributes it to hospitals.
Conclusion
Section 276 of the BNS is a vital provision to ensure the safety and efficacy of drugs and medical preparations. Adulterating such products is a punishable offense, as it poses serious risks to public health. Always act responsibly and prioritize the well-being of patients and consumers.
If you have any questions or need further clarification, feel free to reach out to a legal professional. Stay informed, stay lawful!