Code: Section 276 BNS
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.
Explanation of Section 276 BNS
Section 276 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the grave issue of drug adulteration. Adulteration of drugs undermines public health by compromising the effectiveness of medications, causing potential harm to patients. This section criminalizes the act of deliberately or knowingly altering drugs to reduce their efficacy or make them harmful.
Key Aspects:
- Scope: Applies to all forms of drug adulteration, including pharmaceuticals, medical preparations, and other medicinal products.
- Intent: The law targets individuals who either intend to deceive consumers for profit or are careless about the safety of the drugs they distribute.
- Punishment: Imprisonment up to one year, a fine up to ₹5,000, or both.
Illustration of Section 276 BNS
- Adulteration in Antibiotics:
Rajesh, a pharmacist, mixes a cheaper substance with an antibiotic to reduce costs. This affects the drug’s effectiveness and can harm patients. He is punishable under Section 276. - Fake Painkillers:
Anjali sells painkillers containing harmful chemicals instead of the active ingredient. Consumers who use these drugs may suffer adverse effects. - Counterfeit Herbal Medicine:
Vikram sells herbal medicine claiming it’s natural, but it contains synthetic substances that can cause side effects. This constitutes drug adulteration under this section.
Common Questions About Section 276 BNS
1. What constitutes adulteration of a drug?
- Answer: Adulteration includes adding harmful substances, reducing the efficacy of the drug, or mixing it with non-authentic components.
2. Does this law apply to both prescription and over-the-counter drugs?
- Answer: Yes, it applies to all types of drugs, including prescription medications and over-the-counter products.
3. What are the penalties for adulterating drugs under Section 276?
- Answer: The offender may face imprisonment up to one year, a fine up to ₹5,000, or both.
4. Is it necessary to prove that the adulterated drug caused harm?
- Answer: No, the law focuses on the act of adulteration itself, regardless of whether harm was caused.
5. Can pharmaceutical companies be punished under this section?
- Answer: Yes, if companies knowingly produce or distribute adulterated drugs, they can be held liable.
Conclusion
Section 276 of the Bharatiya Nyaya Sanhita (BNS), 2023 is a critical legal provision to protect public health from the dangers of adulterated drugs. It ensures accountability for individuals and businesses involved in the production, distribution, or sale of medicinal products. By imposing strict penalties, the law promotes the integrity of the healthcare system and safeguards consumers from health risks.
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