Introduction 

Food adulteration is the contamination of food items by mixing the natural food items with adulterants.  

Adulterants are basically cheaper ingredients which can be either eatable or non-eatable. 

Adulterants lower the quality of food thus making them unfit for consumption. 

Position Under Indian Penal Code, 1860 

Chapter XIV of Indian Penal Code, 1860 (hereinafter as IPC) contains offences against public health, safety, convenience, decency and moral.  

Section 272 of Chapter XIV contains penal consequences for adulteration. 

Section 272. 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 one thousand rupees, or with both.” 

This Section seeks to punish two persons: 

One who sells the adulterated article:  

If a retailer adulterates any food say pulses with pebbles etc., he can be made liable under this Section. Opening a shop to sell adulterated food is a clear intention to sell that food. Giving general offers through advertisements also imply an intention to sell the product. 

One who knows that the adulterated article will be sold:  

It includes the producers and the manufacturers who have done adulteration with reasonable knowledge that the adulterated product is to be consumed later. 

For example, if during manufacturing, chips are adulterated with, say a black speck, it amounts to an offence under Section 272 since the manufacturer clearly knows that his product will be sold. 

Essentials required to commit an offence under Section 272 

Intention: To constitute an offence under Section 272, intention to sell the adulterated product is an essential ingredient. If the person selling the adulterated product has no knowledge that the product is adulterated, he cannot be held liable. He can be made liable under the Food Safety and Standard Act, 2006 but not under Section 272. 

Noxious product: It is essential that adulteration is to such an extent that it can make that food article harmful for one’s health. As the US Food and Drug Administration has said, “It is economically impractical to grow, harvest, or process raw products that are totally free of non-hazardous, naturally occurring, unavoidable defects.” 

Section 272: State Amendments  

Looking into the seriousness of the practice of adulteration, states like Uttar Pradesh, West Bengal and Orissa have amended Section 272 and increased the punishment to imprisonment for life along with fine. 

Punishment

The offence of adulteration is punishable with imprisonment which may extend to six months or with fine of maximum Rs. 1000 or with both.  

The offence is non-cognizable, bailable, and non-compoundable and can be tried by any magistrate.