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IPC 274

IPC Section 274 – Adulteration of Drugs | Punishment & Free Legal Consultation
Section 274 · Indian Penal Code

IPC Section 274 – Adulteration of Drugs

Section 274 of the Indian Penal Code punishes adulterating any drug or medical preparation in a manner that lessens its efficacy, changes its operation, or renders it noxious, intending that it be sold or used for a medicinal purpose as if unadulterated, or knowing it likely to be so sold or used. It targets a serious form of public health endangerment — where tampering with medicine can directly compromise a patient's treatment or safety.

Punishment: Up to 6 months, or fine up to ₹1,000, or both
Cognizable: No
Bailable: No
Compoundable: No
BNS 2023 equivalent: Section 276
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Quick Answer: What Does Section 274 Mean?

In simple terms, Section 274 applies when someone tampers with a drug or medical preparation — diluting it, mixing in other substances, or otherwise altering it — in a way that makes it less effective, changes how it works, or makes it harmful, intending or knowing it's likely to be sold or used for medicinal purposes as though it hadn't been tampered with. Because patients and doctors rely on medicine being what it claims to be, adulteration can directly and seriously endanger health, which is why the offence is treated as non-bailable despite its comparatively modest maximum sentence.

Covers lessening efficacy, changing operation, or making a drug noxious through adulteration
Requires intent that it be sold/used medicinally as unadulterated, or knowledge that this is likely
Non-bailable despite a relatively short maximum sentence, reflecting the seriousness of the public health risk
Often overlaps with the far more stringent, specialised Drugs and Cosmetics Act, 1940

What is IPC Section 274?

IPC Section 274 sits in Chapter XIV of the Indian Penal Code, "Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals," within the sub-cluster addressing adulteration of food and drugs (Sections 272–276). Drug adulteration sits alongside food adulteration as a distinct public health concern, but carries its own specific provision given the heightened risk that a compromised medicine poses — patients relying on it for treatment may suffer directly if the drug's efficacy is reduced, its action altered, or the substance made outright harmful.

The section requires either specific intent that the adulterated drug be sold or used for a medicinal purpose as though it were unadulterated, or knowledge that this outcome is likely — ensuring the offence targets deliberate or knowingly reckless tampering, rather than accidental contamination or degradation during normal storage or handling.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 274 IPC now corresponds to Section 276 of the BNS, which raises the maximum imprisonment from 6 months to 1 year, and the maximum fine from ₹1,000 to ₹5,000.

Punishment Under Section 274

PunishmentImprisonment of either description up to 6 months, or fine up to ₹1,000, or both
Nature of OffenceNon-cognizable — police generally require a Magistrate's order to investigate or arrest
Bailable / Non-BailableNon-bailable — bail is not a matter of right and must be applied for before the court
CompoundableNon-compoundable
Triable ByAny Magistrate

The non-bailable classification, despite the comparatively modest maximum sentence, reflects the seriousness the law attaches to public health risks — even a relatively short custodial term is treated as warranting a formal bail application rather than automatic release, given the potential harm to unsuspecting patients relying on the adulterated drug.

Key Ingredients / Essential Elements

1

Adulteration of a drug or medical preparation

The accused must have adulterated a drug or medical preparation — that is, altered its composition or quality.

2

Lessened efficacy, changed operation, or rendered noxious

The adulteration must have lessened the drug's efficacy, changed how it operates, or made it noxious (harmful).

3

Intent or knowledge regarding medicinal sale or use

The accused must have intended, or known it likely, that the adulterated drug would be sold or used for a medicinal purpose as if it had not been adulterated.

How Section 274 Relates to Neighbouring Provisions

  • Section 272 punishes adulteration of food or drink intended for sale, addressing a parallel but distinct public health concern.
  • Section 274 (this section) punishes the adulteration of drugs or medical preparations themselves.
  • Section 275 punishes knowingly selling, offering for sale, or issuing an adulterated drug as unadulterated — the companion offence for reliance on, or distribution of, the adulterated product.
  • Section 276 punishes selling a drug as a different drug or preparation, addressing a related but distinct form of medicinal deception.
  • The Drugs and Cosmetics Act, 1940 operates as a specialised, more detailed statutory framework for regulating drug quality and safety, often providing significantly more stringent penalties — including up to life imprisonment where death results from adulterated or spurious drugs — and frequently forms the primary basis for prosecution in serious pharmaceutical adulteration cases.

Frequently Asked Questions on Section 274

What exactly does IPC Section 274 punish?+
It punishes adulterating a drug or medical preparation to lessen its efficacy, change its operation, or make it noxious, intending or knowing it likely that it will be sold or used medicinally as unadulterated.
Is Section 274 a bailable offence?+
No, it is non-bailable, despite the relatively short maximum sentence.
What is the difference between Section 274 and Section 275 IPC?+
Section 274 punishes the act of adulterating the drug itself. Section 275 punishes knowingly selling, offering for sale, or issuing an adulterated drug as though it were unadulterated — the distribution-side counterpart.
Does accidental contamination of a drug attract this section?+
No, the section requires either intent that the adulterated drug be sold or used medicinally as unadulterated, or knowledge that this outcome is likely — genuinely accidental contamination without this mental element does not satisfy the offence.
Does the Drugs and Cosmetics Act, 1940 apply alongside this section?+
Often, yes — pharmaceutical adulteration cases frequently engage this specialised statute, which generally provides more detailed regulation and often much harsher penalties, including up to life imprisonment where death results from adulterated or spurious drugs.
Is Section 274 cognizable?+
No, it is non-cognizable.
Can Section 274 be settled privately?+
No, it is non-compoundable.
Which court tries a case under Section 274?+
Any Magistrate.
Is Section 274 still valid after the BNS came into force?+
IPC Section 274 continues before 1 July 2024; offences after that date fall under Section 276 of the Bharatiya Nyaya Sanhita, 2023, which raises the maximum imprisonment to 1 year and the maximum fine to ₹5,000.
What's the cost of hiring a lawyer for a case involving Section 274?+
Given the offence is non-bailable and often intersects with the more complex Drugs and Cosmetics Act framework, costs can be significant. Many lawyers, including our panel, offer a free initial consultation — call +91 94797 98899.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Consult a qualified advocate for guidance on your specific case, especially given the transition from IPC to BNS.
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