Section 272 IPC: Adulteration of food or drink intended for sale

Indian Penal Code, 1860

Section 272 IPC at a Glance

Section 272 IPC deals with adulteration of food or drink intended for sale. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 274 BNS.

Punishment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
BNS Equivalent

Section 274 โ†’

Section 272 IPC Bare Act Text

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.

Source: Section 272, Indian Penal Code, 1860

State amendments โ€” these apply only in the States named below, not to the rest of India

State of Uttar Pradesh: In sections 272, 273, 274, 275 and 276 for the words "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" the following shall be substituted, namely: "shall be punished with imprisonment for life and shall also be liable to fine: Provided that the court may, for adequate reason to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment tot life." [Vide U.P. Act No. 47 of 1975]. State of West Bengal: In its application to the State of West Bengal in sections 272, 273, 274, 275 and 276 for the words "of either description tot, a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both" the following shall be substituted, namely: "for life with or without fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment. impose a sentence of imprisonment which is less than imprisonment for life." [Vide: W.B. Act No. 42 of 1973, w.e.f. 29th. April, 1973].

Section 272 IPC in Simple Words

Section 272 of the Indian Penal Code (IPC) punishes 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.

The punishment is 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.

Under the First Schedule to the Code of Criminal Procedure, the offence is non-cognizable, bailable, and triable by any Magistrate.

Ingredients of Section 272 IPC

  • Adulterating any article of food or drink
  • The adulteration makes the article noxious as food or drink
  • Intending to sell the article as food or drink, or knowing it to be likely that it will be sold as food or drink

Punishment Under Section 272 IPC

Imprisonment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Adulterating food or drink intended for sale is punishable with imprisonment of either description for up to six months, or with fine of up to one thousand rupees, or with both.

Example of Section 272 IPC

In 2019, Arvind owned a wholesale edible oil mill in Indore. To increase the weight and bright yellow colour of his mustard oil stock, he mixed several drums of pure mustard oil with cheap industrial dye and poisonous argemone oil. This adulteration made the blended oil toxic and noxious as human food. Arvind packed the contaminated oil into sealed tins intending to sell them as cooking oil to grocery stores across the city, and knowing it was likely to be sold as food. Arvind is punishable under Section 272 IPC.

When Section 272 IPC Does Not Apply

  • Section 272 IPC does not apply when mixing a foreign substance into food or drink merely lowers its quality without making it noxious as food or drink.
  • Section 272 IPC does not apply if the adulterated item is a non-edible commodity rather than an article of food or drink.
  • Section 272 IPC does not apply where the person who adulterated the food or drink neither intended to sell it as food or drink nor knew that it was likely to be sold as such.
  • Section 272 IPC does not apply to a person who did not carry out or take part in the act of adulterating the food or drink.

Section 272 IPC in the BNS

Section 272 IPC is now covered under Section 274 BNS.

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 detailed comparison (IPC 272 vs BNS 274) โ†’

FAQs on Section 272 IPC

What does Section 272 IPC punish?โ–ผ

It punishes adulterating any article of food or drink so as to make it noxious as food or drink, intending to sell it or knowing it is likely to be sold as food or drink.

What is the punishment under Section 272 IPC?โ–ผ

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 fine is prescribed under Section 274 BNS compared to Section 272 IPC?โ–ผ

Section 272 IPC capped the fine at one thousand rupees. Section 274 BNS raises the maximum fine to five thousand rupees.

How does Section 272 IPC differ from Section 273 IPC?โ–ผ

Section 272 IPC punishes the act of adulterating food or drink to make it noxious. Section 273 IPC punishes selling, or offering or exposing for sale, food or drink, knowing or having reason to believe it to be noxious.

Is Section 272 IPC bailable?โ–ผ

Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 272 IPC is bailable and non-cognizable.

Which court tries an offence under Section 272 IPC?โ–ผ

It is triable by any Magistrate.

Can an offence under Section 272 IPC be compounded?โ–ผ

No. Section 272 IPC is not compoundable under Section 320 CrPC.

Where is Section 272 IPC located in the Bharatiya Nyaya Sanhita?โ–ผ

It is Section 274 BNS, in Chapter XV.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท