Section 276 BNS: Adulteration of drugs
Bharatiya Nyaya Sanhita, 2023
Section 276 BNS at a Glance
Section 276 BNS deals with adulteration of drugs. It is non-bailable and non-cognizable, triable by any Magistrate; it replaced Section 274 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to one year.
Section 276 BNS Bare Act Text
276. Adulteration of drugs
Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
Source: Section 276, Bharatiya Nyaya Sanhita, 2023
Section 276 BNS in Simple Words
Section 276 of the Bharatiya Nyaya Sanhita (BNS) deals with the adulteration of any drug or medical preparation. It applies when a person alters or mixes a medicine in such a manner as to lessen its efficacy, change how it operates, or make it noxious.
For the offence to be made out, the person must intend that the adulterated drug or medical preparation will be sold or used for a medicinal purpose as if it had not been adulterated, or know that it is likely to be sold or used in that way. The offence is punishable with imprisonment of either description for up to one year, or with fine up to five thousand rupees, or with both. This section protects public health by punishing tampering with medicines before they reach patients.
Ingredients of Section 276 BNS
- Adulterating a drug or medical preparation so as to lessen its efficacy, change its operation, or make it noxious
- Intending or knowing it to be likely that the drug will be sold or used for a medicinal purpose as if unadulterated
Punishment Under Section 276 BNS
Imprisonment of either description for a term which may extend to one year.
Fine which may extend to five thousand rupees, or both imprisonment and fine.
Section 276 BNS punishes adulteration of drugs with imprisonment of either description for up to one year, or fine up to five thousand rupees, or both.
Example of Section 276 BNS
When Section 276 BNS Does Not Apply
- The substance adulterated was not a drug or medical preparation
- The alteration did not lessen efficacy, change operation, or make the drug noxious
- There was no intention or knowledge that the drug would be sold or used for any medicinal purpose as unadulterated
- The person did not adulterate the drug or medical preparation
Section 276 BNS in the IPC (Previous Law)
Section 276 BNS replaces Section 274 IPC from the old criminal code.
Section 274 IPC is now Section 276 BNS. The definition of the offence is unchanged, but the punishment has been increased in two ways: the maximum term of imprisonment has increased from six months to one year, and the maximum fine has been raised from one thousand rupees to five thousand rupees.
View IPC Section 274 →FAQs on Section 276 BNS
What is Section 276 of the Bharatiya Nyaya Sanhita about?▼
Section 276 BNS deals with adulterating any drug or medical preparation so that its efficacy is reduced, its operation is changed, or it becomes noxious. It applies when this is done with the intention that it will be sold or used for a medicinal purpose as if it had not been adulterated, or with knowledge that this is likely.
What does the prosecution have to prove under Section 276 BNS?▼
The prosecution must show that the drug or medical preparation was adulterated and that the adulteration lessened its efficacy, changed its operation, or made it noxious. It must also show intention that it be sold or used for a medicinal purpose as if unchanged, or knowledge that this was likely.
Is Section 276 BNS bailable?▼
No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.
What is the punishment for adulteration of drugs under Section 276 BNS?▼
Section 276 BNS provides punishment of imprisonment of either description for a term which may extend to one year, or fine which may extend to five thousand rupees, or both. The exact punishment in a case depends on the facts proved before the court.
How is Section 276 BNS different from selling a bad or harmful drug?▼
Section 276 BNS specifically targets the act of adulterating a drug or medical preparation. The focus is on changing the drug so its efficacy is reduced, its operation is altered, or it becomes noxious, along with the required intention or knowledge about its medicinal sale or use.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·