Meaning of Adulteration of Drugs
Adulteration of drugs refers to the intentional or negligent act of altering, degrading, or contaminating medicines, thereby reducing their quality, safety, or effectiveness. Under Section 274 of the Indian Penal Code (IPC), adulteration of drugs or medical preparations is punishable when it endangers human life or is likely to cause harm. The offence includes mixing harmful substances, reducing potency, or tampering with the composition of drugs intended for internal or external use. This act not only risks the health and safety of the public but also undermines trust in the healthcare system. The purpose of criminalizing this act is to prevent unsafe medical practices and protect public health, maintaining strict standards for the manufacture and sale of drugs.
Essential Elements of the Offence
To constitute adulteration of drugs under Section 274 IPC, there must be an act of altering or mixing a drug with foreign or harmful substances that reduce its quality or effectiveness. The drug must be intended for medicinal use, and the adulteration should be carried out knowingly or with reckless disregard for public safety. The act must endanger life or be likely to cause harm, even if actual injury does not occur. This offence is closely related to Section 275 IPC, which deals with the sale of adulterated drugs, and Section 276 IPC, which covers the sale of drugs as genuine when they are not. The law aims to ensure that drug manufacturers, sellers, and distributors maintain high standards of safety and quality.
Nature and Punishment
Section 274 IPC prescribes imprisonment for up to six months, a fine of up to ₹1,000, or both for adulteration of drugs. However, under special statutes such as the Drugs and Cosmetics Act, 1940, stricter penalties may apply, including imprisonment extending to several years depending on the severity of the adulteration. The offence is considered harmful to public health, particularly because adulterated drugs may lead to treatment failure, poisoning, or even death. Regulatory authorities conduct inspections, seize adulterated products, and prosecute offenders to ensure public safety. The law encourages strict compliance and accountability from pharmaceutical companies, medical stores, and practitioners.
Real-Time Example
Imagine a local medical store diluting cough syrup with water to increase profit margins while selling it as original branded medicine. The diluted mixture loses its therapeutic value and risks health complications for consumers, especially children. When discovered, this act amounts to adulteration of drugs under Section 274 IPC because the seller knowingly compromised the quality of a medicinal preparation. Authorities may seize the stock, file criminal charges, and cancel the store’s license. Even though no immediate harm occurs to all customers, the potential risk to life or health makes it a punishable offence. This example shows how adulteration can be both deceptive and dangerous.
Mnemonic to Remember – A.D.U.L.T.E.R.A.T.E.
Use the mnemonic A.D.U.L.T.E.R.A.T.E. to recall the essentials:
- A – Altering drugs intentionally
- D – Danger to life or health involved
- U – Unlawful mixing with harmful substances
- L – Lowers quality or potency of medicine
- T – Treated as offence under Section 274 IPC
- E – Endangers public health
- R – Related sections: 275 (sale), 276 (false sale)
- A – Action by authorities through inspections
- T – Tampering punished with jail/fine
- E – Ensures drug safety for society
This mnemonic helps quickly memorize the key features of the offence of drug adulteration.
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