Section 272 IPC: Adulteration of Food or Drink Intended for Sale
Section 272 of the Indian Penal Code, 1860 dealt with adulteration of an article of food or drink so as to make it noxious, where the offender intended to sell it as food or drink or knew that it was likely to be sold for that purpose.
Section 272 IPC - statutory provision
Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
What did Section 272 IPC mean?
The provision targeted the act of adulterating food or drink in a manner that made the article noxious as food or drink. Adulteration alone was not the entire statutory test. The section also required the specified connection with sale: the person must have intended to sell the adulterated article as food or drink, or known that it was likely to be sold as such.
Essential ingredients of Section 272 IPC
For the provision to apply on its terms, the allegation had to address the following elements:
- there was an article of food or drink;
- the accused adulterated that article;
- the adulteration made the article noxious as food or drink; and
- the accused intended to sell it as food or drink, or knew that it was likely to be sold as food or drink.
Punishment under Section 272 IPC
| Provision | Central IPC punishment before BNS |
|---|---|
| Section 272 IPC | Imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 1,000, or both. |
The above is the punishment in the central text of Section 272 IPC. State amendments could prescribe a different punishment within the concerned State and therefore must be checked where applicable.
Meaning of important expressions
Adulterates
In the context of Section 272, the material act is alteration or contamination of food or drink that results in the article becoming noxious as food or drink. The statutory language focuses on the harmful character produced by the adulteration and the required intention or knowledge concerning sale.
Noxious as food or drink
The section uses the word "noxious" rather than treating every defect in quality as an IPC offence. Whether an article has become noxious is a factual and evidentiary question that depends on the nature of the article, the alleged adulterant or contamination, and the evidence in the particular case.
Intention or knowledge regarding sale
The provision expressly requires either an intention to sell the adulterated article as food or drink or knowledge that it is likely to be sold as food or drink. This mental element is part of the statutory formulation.
Section 272 and Section 273 IPC
Section 272 addressed the adulteration of food or drink intended or likely for sale. Section 273 IPC separately dealt with the sale, offer or exposure for sale of food or drink that had become noxious or was in a state unfit for consumption, where the person knew or had reason to believe that condition. Depending on the facts, allegations concerning adulteration and subsequent sale could therefore raise distinct statutory questions.
State amendments retained from the IPC
Uttar Pradesh
By U.P. Act No. 47 of 1975, the punishment language for Sections 272 to 276 was substituted in its application to Uttar Pradesh. The amended provision prescribed imprisonment for life and fine, while permitting the court, for adequate reasons recorded in the judgment, to impose imprisonment for a term less than life imprisonment.
West Bengal
By West Bengal Act No. 42 of 1973, effective from 29 April 1973, the punishment language for Sections 272 to 276 was substituted in its application to West Bengal. The amendment prescribed imprisonment for life with or without fine, with power to impose a lesser term for adequate and special reasons recorded in the judgment.
State amendments should be read with the relevant State legislation, later amendments and judicial decisions applicable to the particular case.
Food safety law may also be relevant
Food adulteration can also attract provisions of the Food Safety and Standards Act, 2006, depending on the conduct and the nature and consequences of the food-safety violation. Section 59 of that Act deals with punishment for unsafe food. The precise provision and penalty depend on the statutory ingredients and facts; the IPC provision should not be treated as a substitute for analysis under the food-safety legislation.
Legal position after 1 July 2024
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024 and replaced the IPC for the new criminal-law regime, subject to applicable saving and transitional provisions. For present-day offences, the corresponding BNS provisions and other applicable special laws should be examined rather than relying only on Section 272 IPC.
Frequently asked questions
What offence was covered by Section 272 IPC?
It covered adulterating food or drink so as to make it noxious, with the intention of selling it as food or drink or knowledge that it was likely to be sold as such.
What was the central punishment under Section 272 IPC?
Under the central IPC text, the punishment could extend to six months' imprisonment, or a fine up to Rs. 1,000, or both. State amendments could materially alter the punishment.
Did Section 272 apply to every instance of substandard food?
The wording of Section 272 specifically required adulteration making the article noxious as food or drink and the prescribed intention or knowledge relating to sale. Other food-safety violations may fall under special legislation even where the IPC ingredients are not established.