A buys milk knowing it to be mixed with water. In order to prosecute the seller, what offence is committed by the seller?

Facts of the Case

• A purchases milk from a seller.
• A is aware that the milk has been adulterated by mixing water with it.
• A intends to initiate criminal proceedings against the seller.
• The primary concern is whether the seller’s conduct constitutes an offence under Indian criminal law, particularly the IPC and relevant food-adulteration laws.

Issues in the Case

1. Whether mixing water with milk and selling it constitutes an offence under the Indian Penal Code (IPC)?
2. Whether the seller can be prosecuted even if the buyer (A) knew about the adulteration before purchase?
3. Which specific section(s) of law apply to adulteration of food items like milk?
4. What is the punishment for selling adulterated milk?

Legal Principles Covered

a. Adulteration of Food—IPC Provisions

1. Section 272 IPC – Adulteration of food or drink intended for sale:
   • Anyone who adulterates food or drink meant for sale so as to make it noxious or harmful commits an offence.
   • Punishment: Up to 6 months imprisonment, or fine up to ₹1,000, or both.
   • Note: This section covers adulteration that makes food injurious to health.
2. Section 273 IPC – Sale of noxious food or drink:
   • Selling or offering for sale any food or drink known to be noxious or harmful.
   • Punishment: Same as Section 272.
3. Relevance to This Case:
   • Milk mixed only with water is generally not considered “noxious” or “injurious to health,” unless the water itself is contaminated.
   • Thus, IPC Sections 272–273 may not always apply unless the adulteration affects health.

b. Food Safety and Standards Act, 2006 (FSSA)

This is the primary law governing food adulteration today.

1. Section 59 FSSA – Punishment for unsafe food:
   • If adulteration makes food unsafe → imprisonment + fine (varies based on degree of injury caused).
2. Section 51 FSSA – Penalty for substandard food:
   • For food not meeting standards → Penalty up to ₹5 lakh.
3. Section 52 FSSA – Misbranded food:
   • Selling food not conforming to proper standards (e.g., milk diluted with water).
   • Penalty up to ₹3 lakh.
4. Section 54 FSSA – Food adulteration:
   • Directly applies to milk mixed with water.
   • Penalty up to ₹10 lakh.
   • Adulteration includes adding any substance (like water) to reduce quality or strength.
5. Mens rea is irrelevant under FSSA:
   • Even if the buyer knew of the adulteration, the offence remains strict liability.
   • The seller is still culpable.

c. Case Law (Supporting Principles)

Courts have repeatedly held that:

• Adding water to milk is adulteration because it reduces quality and violates standards.
• It is punishable under FSSA irrespective of harm caused.
• Buyer’s knowledge does not protect the seller from liability.

Possible Judgment

Based on the facts and applicable law:

1. Seller’s Offence:

The seller is liable for adulteration of food under:

• Section 54 of the Food Safety and Standards Act, 2006 (primary offence)
• Possible additional prosecution under Sections 272–273 IPC if the adulteration is harmful.

2. Key Reasoning:

• Adding water to milk lowers its purity, nutritional value, and specific gravity, amounting to adulteration.
• FSSA is a strict liability statute—seller’s intention is irrelevant.
• A’s prior knowledge of adulteration does not absolve the seller.

3. Punishment:

• Penalty up to ₹10,00,000 under Section 54 FSSA.
• If milk is harmful due to contaminated water → imprisonment up to 6 months and fine under IPC.

4. Final Conclusion:

The seller is punishable for the offence of food adulteration under Section 54 of the Food Safety and Standards Act, 2006. Knowledge of the buyer does not negate criminal liability. A can successfully prosecute the seller.

About lawgnan

Food adulteration puts public health at risk and is a punishable offence in India. If you or someone you know has purchased adulterated milk, you have the legal right to seek action against the seller. Lawgana.in provides detailed guidance on filing complaints under the Food Safety and Standards Act, 2006 and relevant IPC provisions. Learn how penalties up to ₹10 lakhs can apply and how authorities investigate such violations. Protect your rights as a consumer and ensure safe food for all. Visit Lawgana.in today for expert legal support, case examples, and step-by-step procedures for initiating legal action.