Section 274 IPC: Adulteration of drugs

Indian Penal Code, 1860

Section 274 IPC at a Glance

Section 274 IPC deals with adulteration of drugs. It is non-bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 276 BNS.

Punishment

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

Non-Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 276 →

Section 274 IPC Bare Act Text

274. 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 six months, or with fine which may extend to one thousand rupees, or with both.

Source: Section 274, Indian Penal Code, 1860

Section 274 IPC in Simple Words

Section 274 of the Indian Penal Code (IPC) punishes whoever adulterates any drug or medical preparation in such a manner as to lessen its efficacy, change its operation, or 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.

The punishment under the IPC 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, non-bailable, and triable by any Magistrate.

Ingredients of Section 274 IPC

  • Adulterating any drug or medical preparation
  • The adulteration lessens the efficacy, changes the operation, or makes noxious the drug or medical preparation
  • Intending that it shall be sold or used for any medicinal purpose, or knowing that it is likely to be sold or used for any medicinal purpose, as if it had not undergone such adulteration

Punishment Under Section 274 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.

Non-Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Adulterating drugs 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 274 IPC

In 2018, Neeraj worked at a medicine manufacturing unit in Vadodara that prepared medicated burn ointment. To save expensive active ingredients, Neeraj mixed large quantities of inert petroleum jelly into the ointment vats. This adulteration lessened the medicinal efficacy of the medical preparation. He sealed the diluted ointment in original tubes, intending that hospitals and clinics would buy and use it for a medicinal purpose to treat burn injuries as if it had not undergone any adulteration. Neeraj is punishable under Section 274 IPC.

When Section 274 IPC Does Not Apply

  • Section 274 IPC does not apply when the mixed product is a cosmetic or household cleaner rather than a drug or medical preparation.
  • Section 274 IPC does not apply if adding a harmless binder or flavouring agent neither reduces the efficacy of the drug, alters its operation, nor renders it noxious.
  • Section 274 IPC does not apply where a drug is altered solely for laboratory testing without any intent or likelihood that it will be sold or used for a medicinal purpose as unadulterated.
  • Section 274 IPC does not apply when the person clearly discloses the dilution so that the preparation is not intended or likely to be sold or used as if it were unadulterated.

Section 274 IPC in the BNS

Section 274 IPC is now covered under Section 276 BNS.

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 detailed comparison (IPC 274 vs BNS 276) →

FAQs on Section 274 IPC

What does Section 274 IPC punish?▼

It punishes adulterating any drug or medical preparation to lessen its efficacy, change its operation, or 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.

What is the punishment under Section 274 IPC?▼

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.

How has the punishment changed under Section 276 BNS?▼

Under Section 276 BNS, the maximum term of imprisonment is increased from six months to one year, and the maximum fine is raised from one thousand rupees to five thousand rupees.

Is Section 274 IPC bailable?▼

No. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 274 IPC is non-bailable and non-cognizable.

Which court tries an offence under Section 274 IPC?▼

It is triable by any Magistrate.

Can an offence under Section 274 IPC be compounded?▼

No. Section 274 IPC is not compoundable under Section 320 CrPC.

How does Section 274 IPC differ from Section 275 IPC?▼

Section 274 IPC punishes the person who adulterates the drug. Section 275 IPC punishes selling, offering for sale, or issuing from a dispensary any drug known to have been adulterated.

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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 · Last updated: 16 Oct 2026 ·