BACK TO SECTIONSAIR 1976 SC 1563
BailableCognizable: Non-CognizableAny Magistrate
THE STATUTE
Original Text
Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that such article will be sold as food or drink, shall be punished...
Simplified
Section 272 targets the source of food contamination — mixing harmful substances into food intended for public sale. The provision requires that the adulteration renders the food 'noxious' (harmful to health). Simply diluting milk with water or adding harmless fillers may not meet the 'noxious' threshold, but adding dangerous chemicals, prohibited colourants, or toxic preservatives clearly does. Section 272 operates alongside the comprehensive Food Safety and Standards Act 2006, which provides its own enforcement framework with FSSAI as the regulatory body. Both frameworks can apply simultaneously — the FSSAI handles administrative sanctions and the IPC handles criminal prosecution.
Legal Evolution
Section 272 on adulteration of food and drink was a codification of longstanding English public health law, including the Adulteration of Food and Drink Act 1860 (passed the same year as the IPC). The colonial government recognized food adulteration as a serious threat to public health in an era before systematic food safety inspection. Modern food safety law (the Food Safety and Standards Act 2006) now provides the primary regulatory framework, but Section 272 remains available for criminal prosecution.
Landmark Precedents
Municipal Corporation of Delhi v. Laxmi Narain Tandon (1976)
RELEVANCE
Adulteration under Section 272 requires proof that the adulterant renders food noxious — mere dilution without health impact may not suffice for conviction.
Practical Scenarios
"Mixing harmful chemicals into milk to increase its shelf life for sale — Section 272."
"Using banned industrial dyes in sweets and candies — Section 272."
Common Queries
Noxious means harmful to health or poisonous. Mere dilution (adding water to milk) might not constitute noxious adulteration, but adding harmful chemicals, prohibited colourants, or toxic adulterants clearly does.