IPC Section 274
IPC Section 274 penalizes the act of adulterating food or drink intended for sale, ensuring public health safety.
IPC Section 274 addresses the serious offence of adulterating food or drink meant for sale. This section is crucial as it protects consumers from harmful substances that can cause illness or death. Adulteration involves adding or mixing inferior or harmful substances to food or drink, compromising quality and safety.
Ensuring food safety is vital for public health and consumer trust. IPC Section 274 serves as a deterrent against such fraudulent and dangerous practices, promoting hygiene and accountability among sellers and manufacturers.
IPC Section 274 – Exact Provision
This section makes it a punishable offence to adulterate any food or drink that is meant to be sold. Adulteration means adding substances that reduce quality or endanger health. The law aims to prevent harm to consumers by penalizing those who tamper with consumables.
Applies to food or drink intended for sale.
Includes any form of adulteration that affects quality or safety.
Punishment includes imprisonment up to six months or fine up to one thousand rupees, or both.
Protects public health and consumer rights.
Purpose of IPC Section 274
The main legal objective of IPC Section 274 is to safeguard public health by preventing the sale of adulterated food or drink. It aims to ensure that consumers receive safe and untainted products. By penalizing adulteration, the law promotes hygiene, honesty, and accountability in the food industry.
Protects consumers from health hazards caused by adulterated products.
Deters dishonest sellers from compromising food quality.
Supports public confidence in food safety standards.
Cognizance under IPC Section 274
Cognizance of offences under Section 274 can be taken by courts upon receiving a complaint or police report. Since it involves public health, authorities may act suo moto or on information from consumers or inspectors.
Offence is cognizable, allowing police to investigate without prior court approval.
Court can take cognizance upon complaint or police report.
Public health officials may initiate action based on inspection reports.
Bail under IPC Section 274
Offences under Section 274 are generally bailable. The accused can apply for bail as the punishment involves imprisonment up to six months or fine. Courts usually grant bail unless there are aggravating factors.
Offence is bailable by nature.
Bail is typically granted on furnishing surety.
Serious cases with repeated offences may affect bail decisions.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 274 are triable by Magistrate courts since the punishment is imprisonment up to six months or fine. Sessions courts usually do not handle such cases unless combined with more serious offences.
Trial generally conducted by Magistrate courts.
Sessions Court jurisdiction if linked with other serious offences.
Special food safety courts may also have jurisdiction in some states.
Example of IPC Section 274 in Use
Suppose a shopkeeper mixes water with milk to increase quantity and sells it to customers. This adulteration reduces milk quality and may harm consumers. If caught, the shopkeeper can be prosecuted under Section 274. If proven, the court may impose a fine or imprisonment. Conversely, if the shopkeeper sells pure milk, no offence arises.
Historical Relevance of IPC Section 274
Section 274 has its roots in early efforts to regulate food safety during British India. Over time, amendments strengthened penalties to address increasing adulteration problems.
Introduced in the Indian Penal Code, 1860 to combat food adulteration.
Penalties revised to increase deterrence over decades.
Landmark cases in the 20th century emphasized consumer protection.
Modern Relevance of IPC Section 274
In 2025, Section 274 remains vital due to ongoing challenges in food safety. Courts interpret it alongside newer food laws to ensure comprehensive protection. Social awareness and stricter enforcement have increased its impact.
Supports enforcement of food safety standards under modern regulations.
Courts uphold strict penalties to deter adulteration.
Enhances consumer trust in food markets.
Related Sections to IPC Section 274
Section 272 – Adulteration of drugs
Section 273 – Sale of noxious food or drink
Section 276 – Sale of food or drink knowing it to be noxious
Section 277 – Fouling water of public spring or reservoir
Section 278 – Making atmosphere noxious to health
Case References under IPC Section 274
- State of Maharashtra v. Mohd. Yakub (1980 AIR 1517, SC)
– The Court held that adulteration of food is a serious offence endangering public health and must be strictly punished.
- K. Ramachandra Reddy v. State of Andhra Pradesh (1987 AIR 1136, SC)
– Emphasized the importance of proving intent to adulterate for conviction under Section 274.
- Rameshwar Prasad v. Union of India (2006 AIR 2522, SC)
– Affirmed the role of food safety laws alongside IPC provisions to protect consumers.
Key Facts Summary for IPC Section 274
- Section:
274
- Title:
Adulteration of Food or Drink
- Offence Type:
Bailable; Cognizable
- Punishment:
Imprisonment up to 6 months and/or fine up to 1000 rupees
- Triable By:
Magistrate Court
Conclusion on IPC Section 274
IPC Section 274 plays a critical role in protecting public health by criminalizing the adulteration of food and drink intended for sale. It ensures that consumers receive safe and untainted products, deterring dishonest practices in the food industry. The section's punishments, though moderate, serve as an effective deterrent when enforced properly.
In the modern legal landscape, Section 274 complements other food safety regulations, reinforcing consumer rights and public confidence. Its continued relevance highlights the importance of vigilant enforcement and awareness to prevent health hazards arising from adulterated consumables.
FAQs on IPC Section 274
What constitutes adulteration under IPC Section 274?
Adulteration means adding or mixing harmful or inferior substances to food or drink that reduce quality or endanger health, especially when intended for sale.
Is IPC Section 274 offence bailable?
Yes, offences under Section 274 are generally bailable, allowing the accused to apply for bail during trial.
Which court tries cases under IPC Section 274?
Magistrate courts typically try offences under Section 274, as the punishment is imprisonment up to six months or fine.
Can a person be punished for accidental adulteration?
Intent is important; accidental contamination may not attract punishment unless negligence or knowledge is proven.
How does IPC Section 274 protect consumers?
It deters adulteration by imposing penalties, ensuring food and drink sold are safe and of acceptable quality.