Section 274 BNS: Adulteration of food or drink intended for sale
Bharatiya Nyaya Sanhita, 2023
Section 274 BNS at a Glance
Section 274 BNS deals with adulteration of food or drink intended for sale. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 272 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to six months.
Section 274 BNS Bare Act Text
274. 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.
Source: Section 274, Bharatiya Nyaya Sanhita, 2023
Section 274 BNS in Simple Words
Section 274 BNS deals with adulterating any article of food or drink so as to make it noxious as food or drink, when the person intends to sell it as food or drink or knows it is likely to be sold as food or drink. The law focuses on public safety, and the offence is complete even before an actual sale takes place.
The core concern is harmful adulteration that makes food or drink noxious, not merely lower quality. In practice, this section applies where the prosecution shows that the accused adulterated an edible item or beverage so as to render it harmful as food or drink, intending it for sale or knowing it was likely to be sold.
It is relevant in cases involving milk, beverages, cooking oil, or other consumables mixed with harmful substances. The section protects public health and consumers from dangerous food and drink.
Ingredients of Section 274 BNS
- Adulterating any article of food or drink so as to make it noxious as food or drink
- Intending to sell the article as food or drink, or knowing that it is likely to be sold as food or drink
Punishment Under Section 274 BNS
Imprisonment of either description for a term which may extend to six months.
Fine which may extend to five thousand rupees, either alone or in addition to imprisonment.
Section 274 BNS prescribes imprisonment of either description for up to six months, or fine which may extend to five thousand rupees, or both.
Example of Section 274 BNS
When Section 274 BNS Does Not Apply
- The substance added did not make the food or drink noxious
- The article adulterated was not an article of food or drink
- The adulteration was done without intent to sell the article as food or drink and without knowledge that it was likely to be sold as food or drink
- The person did not adulterate the article of food or drink
Section 274 BNS in the IPC (Previous Law)
Section 274 BNS replaces Section 272 IPC from the old criminal code.
Section 272 IPC is now Section 274 BNS. The statutory definition of the offence is unchanged, but the maximum fine has been increased from one thousand rupees under Section 272 IPC to five thousand rupees under Section 274 BNS. The maximum prison term of six months remains the same.
View IPC Section 272 →FAQs on Section 274 BNS
What does Section 274 BNS punish?▼
It punishes adulterating any article of food or drink so as to make it noxious as food or drink, when done with the intention of selling it as food or drink or knowing it is likely to be sold as food or drink.
Under Section 274 BNS, does the section apply only after the food is sold?▼
No. The offence applies even before a sale takes place if the person adulterated the item intending to sell it as food or drink, or knowing that it was likely to be sold as food or drink.
Is the offence under Section 274 BNS bailable?▼
Yes, it is a bailable offence under the BNS. That means the accused can usually seek bail as a matter of right, subject to procedure and conditions imposed by the court.
What is the present law for the offence under Section 274 BNS?▼
Section 274 BNS of the Bharatiya Nyaya Sanhita, 2023 is the current provision in force for this offence, while older cases from before the new law took effect are examined under the earlier law.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·