Adulteration of Food under Bhartiya Nyaya Sanhita

Source: Rajasthan High Court 

Why in News? 

Recently, the Rajasthan High Court took the Suo moto cognizance in the matter of Public Health – Protect the Present and Safeguard the Future from Food Adulteration where guidelines were issued by the Rajasthan High Court to various concerned authorities such as Ministry of Home Affairs, Union Health Ministry, FSSAI, National Health Services and Food Research Institute and other concerned offices. 

What was the Background of the Public Health – Protect the Present and Safeguard the Future from Food Adulteration Case? 

• In this matter, the Rajasthan High Court took the Suo moto cognizance and stated that food adulteration is rapidly increasing which is hazardous and in violation of Article 21 of the Constitution.  
• It was pointed out by the court that in a survey conducted by Food Safety and Standard Authority of India, even commodities like toothpaste have been found adulterated. 
• A similar observation was made by the report of the Union Health Ministry. 
• Notice was issued in this regard to various food authorities and concerned authorities in this matter. 

What were the Court’s Observations? 

• The court issued guidelines in this matter to curb out the menace of food adulteration as follows: 
  • A state level committee to be constituted to check and work on food safety will be headed by Chief Secretary. 
  • Risk areas where high chances of food adulteration are found and regular sampling of food substances to be conducted by the State Food Safety Authority (SFSA). 
  • A website to be created by the State and Central government to make a complain mechanism. A toll-free number and contact of food safety officers to be mentioned on the website. 
  • SFSA to make sure the test labs are well equipped with human and technology. 
  • A check on Food Authorities and Safety officers to be made by the State and Central Government ensuring their good compliance.  
  • State Government to spread awareness by workshops and school programme amongst people to reduce the practice of food adulteration. 

What is the Penal Law on Food Adulteration In India? 

Section 274 of the Bhartiya Nyaya Sanhita, 2023 (BNS) punishes Adulteration of food or drink intended for sale: 

• 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 five thousand rupees, or with both. 
• It was earlier covered under Section 272 of Indian Penal Code, 1860 (IPC). 

Landmark Judgement Based on Food Adulteration 

• Parle Beverages Pvt. Ltd. v. Thakore Kacharaji (1987): In this case it was held that though the punishments for adulteration have been given under IPC and Prevention of Food adulteration Act but no one person should be punished twice under these provisions.