KembaraXtra - Bharatiya Nyaya Sanhita - Section 276: Adulteration of Drugs

Introduction

Section 276 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes the actual adulteration of a drug or medical preparation where the adulteration:

• Lessens its efficacy;
• Changes its operation; or
• Makes it noxious,

and the accused either:

• Intends that the adulterated drug will be sold or used for a medicinal purpose as though it were unadulterated; or
• Knows it to be likely that it will be so sold or used.

The section therefore targets the person who adulterates the medicine, whereas Section 277 deals with a person who knowingly sells, offers, exposes, dispenses or causes use of an adulterated drug.

Basic Formula

Adulteration of drug + reduced efficacy/changed operation/noxiousness + intention or knowledge of medicinal sale/use as unadulterated = Section 276

Q1. What does Section 276 provide?

Answer:

Section 276 punishes whoever adulterates:

• Any drug; or
• Any medical preparation,

in such a manner as to:

• Lessen its efficacy; or
• Change its operation; or
• Make it noxious,

while:

• Intending that it shall be sold or used for any medicinal purpose as if it had not been adulterated; or
• Knowing it to be likely that it will be sold or used in that manner.

The punishment is:

• Imprisonment of either description up to one year; or
• Fine up to ₹5,000; or
• Both.

Q2. What is the object of Section 276?

Answer:

The object is to protect public health by preventing medicines from being deliberately altered in a manner that compromises their:

• Effectiveness;
• Expected operation; or
• Safety.

The provision intervenes at the adulteration stage itself, before the medicine necessarily reaches a patient.

Q3. Which IPC provision corresponds to Section 276 BNS?

Answer:

According to the supplied comments:

Section 276 BNS → Section 274 IPC

The language remains unchanged.

However, both imprisonment and fine have been enhanced.

Q4. What punishment changes have been made under the BNS?

Answer:

According to the supplied comments:

Imprisonment

Under IPC:

Up to 6 months

Under BNS:

Up to 1 year

Fine

Under IPC:

Up to ₹1,000

Under BNS:

Up to ₹5,000

Memory Formula

6 months → 1 year

₹1,000 → ₹5,000

Q5. What are the essential ingredients of Section 276?

Answer:

The prosecution must broadly prove:

1.     There was:

o    A drug; or

o    A medical preparation.

2.     The accused adulterated it.

3.     The adulteration:

o    Lessened its efficacy; or

o    Changed its operation; or

o    Made it noxious.

4.     The accused:

o    Intended that it be sold or used for medicinal purposes as though unadulterated; or

o    Knew it to be likely that it would be so sold or used.

Formula

DRUG + ADULTERATION + IMPAIRED/HARMFUL EFFECT + INTENTION/KNOWLEDGE OF MEDICINAL SALE/USE = SECTION 276

Q6. What is the central act punished by Section 276?

Answer:

The central act is:

Adulterating a drug or medical preparation

Thus, Section 276 is directed at the person who alters the medicine itself.

Q7. What does “adulterates” mean in this context?

Answer:

Adulteration broadly means altering, contaminating, diluting or otherwise interfering with a drug or medical preparation in a manner that adversely affects its quality, operation or safety.

The statutory effect must be one of the following:

• Reduced efficacy;
• Changed operation;
• Noxious character.

Q8. Must every alteration of a medicine amount to adulteration under Section 276?

Answer:

No.

The alteration must have one of the consequences expressly stated in the provision.

It must:

• Lessen efficacy; or
• Change operation; or
• Make the drug noxious.

A harmless alteration that produces none of these effects would not satisfy the supplied wording.

Q9. What does “lessen the efficacy” mean?

Answer:

It means reducing the effectiveness of the medicine.

The drug may still resemble the genuine preparation but may no longer work as effectively as intended.

Memory

Efficacy = effectiveness

Q10. Give an example of reduced efficacy.

Answer:

Suppose A deliberately dilutes a medicine to such an extent that its therapeutic strength is substantially reduced.

If A intends that it be sold or used medicinally as though unadulterated, Section 276 may apply.

Q11. What does “change the operation” mean?

Answer:

It means altering the way the drug acts.

The adulteration may cause the medicine to:

• Produce a different effect;
• Operate differently from its proper formulation;
• Fail to behave in the expected medicinal manner.

Q12. Give an example of changed operation.

Answer:

Suppose A mixes another substance into a medicine, causing it to act differently from the genuine preparation.

If A intends or knows it is likely to be used medicinally as though unadulterated, Section 276 may be attracted.

Q13. What does “make it noxious” mean?

Answer:

It means making the medicine harmful or injurious.

Memory

Noxious = harmful

Q14. Must all three effects occur together?

Answer:

No.

They are alternatives.

The adulteration need only:

• Lessen efficacy; or
• Change operation; or
• Make the drug noxious.

Exam Point

Do not treat the three effects as cumulative.

Q15. Must the medicine become poisonous?

Answer:

No.

The offence may be complete even where the medicine merely:

• Becomes less effective; or
• Operates differently.

It need not necessarily become poisonous or toxic.

Q16. What is the mental element under Section 276?

Answer:

The accused must either:

Intend

that the adulterated medicine will be sold or used medicinally as though unadulterated;

or

Know it to be likely

that it will be so sold or used.

Mental Element Formula

INTENTION OR KNOWLEDGE OF LIKELY SALE/USE

Q17. Is negligence enough under Section 276?

Answer:

No.

Section 276 requires a stronger mental element:

• Intention; or
• Knowledge of likelihood.

A purely negligent adulteration would not satisfy the supplied wording.

Q18. Must the accused intend to injure a patient?

Answer:

No.

The required intention concerns the future sale or medicinal use of the adulterated medicine as though it were unadulterated.

The provision does not require a separate intention to:

• Hurt;
• Poison;
• Kill; or
• Cause illness.

Q19. What does “as if it had not undergone such adulteration” mean?

Answer:

It means that the adulterated medicine is intended or expected to enter medicinal use while being treated as though it were genuine and unaltered.

The deceptive aspect is therefore important.

Memory

Adulterated in fact, but treated as unadulterated

Q20. Must the adulterated drug actually be sold?

Answer:

No.

Section 276 focuses on the adulteration combined with:

• Intention that it shall be sold or used; or
• Knowledge that such sale or use is likely.

Actual completed sale is not required.

Q21. Must the drug actually be used medicinally?

Answer:

No.

Actual medicinal use is not necessary if the accused adulterates the drug with the required intention or knowledge.

Exam Point

Section 276 can be complete before sale or use occurs.

Q22. Why is Section 276 preventive in nature?

Answer:

Because the law criminalises dangerous adulteration before the drug necessarily reaches a patient.

The offence may arise at the preparation stage.

This helps prevent:

• Ineffective treatment;
• Unexpected drug effects;
• Harmful medicinal use.

Q23. Must any patient actually be harmed?

Answer:

No.

Actual injury is not an ingredient in the supplied wording.

Q24. Must any patient actually consume the drug?

Answer:

No.

The offence focuses upon adulteration plus the required intention or knowledge regarding future medicinal sale or use.

Q25. Must the accused personally sell the adulterated medicine?

Answer:

No.

Section 276 does not require the adulterator to be the eventual seller.

It is enough that the accused adulterates the drug:

• Intending it to be sold or used medicinally as unadulterated; or
• Knowing such sale or use to be likely.

Important Distinction

276 = adulterator

277 = knowing seller/dispenser/user-causer

Q26. Can the adulterator and seller be different persons?

Answer:

Yes.

A may adulterate the medicine and B may later knowingly sell it.

Depending on the facts:

• A may fall under Section 276;
• B may fall under Section 277.

Q27. Give a simple example involving dilution.

Answer:

A deliberately dilutes a medicine, reducing its strength, intending that it be sold as normal medicine.

This illustrates Section 276 because:

• A adulterated the medicine;
• Its efficacy was reduced;
• A intended medicinal sale as though unadulterated.

Q28. Give an example involving a harmful substance.

Answer:

A knowingly mixes a harmful substance into a medicinal preparation, making it noxious, and expects it to be distributed for normal medicinal use.

Section 276 may apply.

Q29. Give an example involving changed operation.

Answer:

A adds another substance to a medicine so that its effect is altered and knows it is likely to be used by patients as though genuine.

The “change its operation” branch may apply.

Q30. What if the accused adulterates a medicine but immediately destroys it?

Answer:

The prosecution would still need to prove the required mental element.

Section 276 requires that the adulteration be accompanied by:

• Intention that the drug be sold or used medicinally as unadulterated; or
• Knowledge that such sale or use is likely.

If that element is absent, the specific offence may not be established.

Q31. What if the medicine is adulterated for a purpose unrelated to medicinal sale or use?

Answer:

Section 276 specifically connects the adulteration with intended or likely:

• Sale; or
• Use

for a medicinal purpose as though no adulteration had occurred.

Therefore, that medicinal-purpose connection must be established.

Q32. Why is “medicinal purpose” important?

Answer:

Because Section 276 is aimed specifically at dangerous interference with medicines intended for therapeutic or medicinal use.

The offence is not framed as a general prohibition on altering any chemical substance.

Q33. What must the prosecution prove about the adulteration?

Answer:

It must show:

1.     A drug or medical preparation was actually adulterated; and

2.     The adulteration produced at least one specified consequence:

o    Reduced efficacy;

o    Changed operation;

o    Noxiousness.

Q34. What must be proved about future sale or use?

Answer:

The prosecution must establish either:

• The accused intended the adulterated drug to be sold or used medicinally as unadulterated; or
• The accused knew such sale or use was likely.

This forward-looking element is central.

Q35. Is mere possession of an adulterated drug enough?

Answer:

No.

Section 276 requires the accused to have adulterated the medicine and to possess the necessary intention or knowledge concerning medicinal sale or use.

Mere possession does not satisfy this wording.

Q36. Is mere knowledge that a drug has been adulterated enough?

Answer:

Not under Section 276.

Knowledge without the act of adulterating does not establish this section.

However, knowing sale or dispensing of such a drug may raise Section 277.

Memory

276 = MAKE IT BAD

277 = KNOWINGLY DEAL WITH IT

Q37. What is the punishment under Section 276?

Answer:

The punishment is:

• Imprisonment of either description up to one year; or
• Fine up to ₹5,000; or
• Both.

Punishment Formula

1 year / ₹5,000 / both

Q38. What does “imprisonment of either description” mean?

Answer:

It means imprisonment may be:

• Simple; or
• Rigorous.

The maximum term is one year.

Q39. What is the classification of Section 276?

Answer:

According to the supplied classification, Section 276 is:

• Non-cognizable
• Non-bailable
• Triable by any Magistrate

Classification Formula

Non-cognizable + Non-bailable + Any Magistrate

Q40. Why is the classification particularly important for revision?

Answer:

Because Sections 276–278 are closely related medicinal offences, but Section 276 has the supplied classification:

Non-cognizable + Non-bailable

whereas Sections 277 and 278 are supplied as:

Non-cognizable + Bailable

Memory

276 = adulterator → non-bailable

277–278 = seller/substitution → bailable

Q41. What is the principal BNS change from IPC Section 274?

Answer:

Two punishment changes are identified:

Imprisonment

6 months → 1 year

Fine

₹1,000 → ₹5,000

The substantive language remains unchanged.

Q42. How does Section 276 differ from Section 277?

Answer:

This is the most important comparison.

Section 276 — Adulteration

The accused actually adulterates the medicine.

The medicine is altered so that it:

• Loses efficacy;
• Changes operation; or
• Becomes noxious.

The accused intends or knows it is likely to be sold or used medicinally as unadulterated.

Memory

276 = MAKE THE DRUG BAD

Section 277 — Sale of Adulterated Drug

The drug has already been adulterated.

The accused knows this and:

• Sells;
• Offers;
• Exposes;
• Dispenses;
• Causes medicinal use.

Memory

277 = DEAL WITH THE BAD DRUG

Q43. Can the same person potentially fall under both Sections 276 and 277?

Answer:

Potentially yes, depending on the facts.

For example, if A:

1.     Adulterates a medicine with the required intention; and

2.     Later knowingly sells it as unadulterated,

the conduct may involve both the adulteration stage and the subsequent dealing stage.

Each section must nevertheless be analysed according to its own ingredients.

Q44. How does Section 276 differ from Section 278?

Answer:

Section 276

Deals with alteration of the medicine's quality, effect or safety.

Section 278

Deals with false representation of the medicine's identity.

Memory

276 = ADULTERATE

277 = SELL ADULTERATED

278 = SUBSTITUTE / MISIDENTIFY

Q45. What is the easiest three-section sequence for Sections 276–278?

Answer:

276 — MAKE

Adulterate the medicine.

277 — SELL

Knowingly deal with adulterated medicine.

278 — SUBSTITUTE

Knowingly supply one medicine as another.

Memory Formula

MAKE → SELL → SUBSTITUTE

Q46. What mental element applies to each of Sections 276–278?

Answer:

Section 276

Intention or knowledge of likely medicinal sale/use

Section 277

Knowledge of adulteration

Section 278

Knowledge that one medicine is being supplied as another

Rapid Memory

276 = INTEND/KNOW

277 = KNOW

278 = KNOW

Q47. Which of Sections 276–278 concerns the actual process of adulteration?

Answer:

Section 276

This is the provision directed at the person who physically or otherwise adulterates the drug or medical preparation.

Q48. Which section concerns subsequent sale of an adulterated medicine?

Answer:

Section 277

The drug is already adulterated, and the accused knowingly deals with it.

Q49. Which section concerns one medicine being passed off as another?

Answer:

Section 278

That provision concerns false medicinal identity rather than adulteration itself.

Q50. What is the quickest way to identify Section 276 in an exam problem?

Answer:

Look for four ideas:

1.     Drug or medical preparation

2.     Actual adulteration

3.     Reduced efficacy/changed operation/noxiousness

4.     Intention or knowledge of future medicinal sale/use as unadulterated

Formula

ADULTERATE + IMPAIR + INTEND/KNOW FUTURE MEDICINAL USE = 276

Key Provisions (Study Notes)

1. Subject Matter

Section 276 covers:

• Drug;
• Medical preparation.

2. Prohibited Act

The accused must:

Adulterate

the drug or medical preparation.

3. Required Effect of Adulteration

The adulteration must:

Lessen efficacy

or

Change operation

or

Make the drug noxious

4. Mental Element

The accused must:

Intend

that the adulterated medicine will be sold or used medicinally as though unadulterated;

or

Know it to be likely

that this will happen.

5. Actual Sale or Use

Actual sale or medicinal use is not expressly necessary.

The offence may be complete at the adulteration stage if the required mental element is present.

Sections 276, 277 and 278 — Note-Form Comparison

Section 276 — Adulteration of Drugs

Core Wrong

The accused creates the adulterated medicine.

Effect

• Less efficacy;
• Changed operation;
• Noxiousness.

Mental Element

Intention or knowledge of likely medicinal sale/use as unadulterated.

Punishment

Up to 1 year / ₹5,000 / both

Classification

Non-cognizable + Non-bailable + Any Magistrate

Memory

MAKE BAD MEDICINE

Section 277 — Sale of Adulterated Drugs

Core Wrong

The medicine is already adulterated and the accused knowingly deals with it.

Mental Element

Knowledge of adulteration.

Acts

Sell / offer / expose / dispense / cause medicinal use.

Punishment

Up to 6 months / ₹5,000 / both

Classification

Non-cognizable + Bailable + Any Magistrate

Memory

SELL BAD MEDICINE

Section 278 — Sale of Drug as a Different Drug

Core Wrong

One medicine is knowingly supplied as another.

Mental Element

Knowledge.

Punishment

Up to 6 months / ₹5,000 / both

Classification

Non-cognizable + Bailable + Any Magistrate

Memory

WRONG MEDICINE IDENTITY

IPC Equivalent and BNS Changes

IPC Equivalent

Section 276 BNS = Section 274 IPC

Language

According to the supplied comments:

Unchanged

Imprisonment

6 months → 1 year

Fine

₹1,000 → ₹5,000

Punishment Study Note

Imprisonment

Either description up to 1 year

Fine

Up to ₹5,000

Alternative

Both may be imposed.

Classification Study Note

Section 276 is:

Non-cognizable

Non-bailable

Any Magistrate

Quick Revision Notes

Section

276 BNS

Title

Adulteration of drugs

IPC Equivalent

274 IPC

Act

Adulteration

Subject

Drug / medical preparation

Required Effect

• Lessens efficacy;
• Changes operation; or
• Makes noxious.

Mental Element

Intention or knowledge of likely medicinal sale/use as unadulterated

Actual Sale Required?

No

Actual Medicinal Use Required?

No

Actual Injury Required?

No

Punishment

Up to 1 year / ₹5,000 / both

Classification

Non-cognizable + Non-bailable + Any Magistrate

BNS Changes

6 months → 1 year

₹1,000 → ₹5,000

Exam Traps

Trap 1 — Confusing the adulterator with the seller

276 = adulterates

277 = knowingly sells/deals

Trap 2 — Assuming actual sale must occur

Incorrect.

Intention or knowledge of likely future sale or medicinal use is enough under the supplied wording.

Trap 3 — Assuming the drug must become poisonous

Incorrect.

Reduced efficacy or changed operation is also sufficient.

Trap 4 — Forgetting the medicinal-purpose requirement

The contemplated sale or use must be for a medicinal purpose.

Trap 5 — Treating negligence as sufficient

Incorrect.

Section 276 requires:

Intention or knowledge

Trap 6 — Forgetting “as if it had not undergone adulteration”

The medicine is intended or likely to enter use as though it remained genuine and unadulterated.

Trap 7 — Confusing Section 276 with Section 278

276 = bad quality/effect through adulteration

278 = wrong identity

Trap 8 — Missing the classification distinction

Section 276 is supplied as:

Non-cognizable + Non-bailable

while Sections 277 and 278 are:

Non-cognizable + Bailable

Ultimate Memory Formula

SECTION 276

DRUG / MEDICAL PREPARATION

+

ADULTERATION

+

LESS EFFICACY / CHANGED OPERATION / NOXIOUSNESS

+

INTENTION OR KNOWLEDGE OF LIKELY SALE/USE

+

MEDICINAL PURPOSE

+

AS THOUGH UNADULTERATED

=

ADULTERATION OF DRUGS

Sixteen-Section Memory Chain

276 = ADULTERATE DRUG

277 = SELL ADULTERATED DRUG

278 = WRONG DRUG

279 = WATER

280 = AIR

281 = ROAD

282 = NAVIGATION

283 = FALSE SIGNAL

284 = UNSAFE VESSEL

285 = WAY OBSTRUCTION

286 = POISON

287 = FIRE

288 = EXPLOSIVE

289 = MACHINE

290 = BUILDING

291 = ANIMAL

Rapid Sequence

ADULTERATE → SELL ADULTERATED → SUBSTITUTE → WATER → AIR → ROAD → NAVIGATION → SIGNAL → VESSEL → WAY → POISON → FIRE → EXPLOSIVE → MACHINE → BUILDING → ANIMAL

Key Takeaway

Section 276 BNS punishes the actual adulteration of a drug or medical preparation where the adulteration:

• Reduces efficacy;
• Changes operation; or
• Makes the drug harmful,

and the accused intends, or knows it to be likely, that the medicine will be sold or used for a medicinal purpose as though it had not been adulterated.

The most important distinction is:

276 = MAKE THE DRUG ADULTERATED

277 = KNOWINGLY DEAL WITH THE ADULTERATED DRUG

278 = SUPPLY ONE DRUG AS ANOTHER

Section 276 corresponds to Section 274 IPC. According to the supplied comments, the language remains unchanged, but punishment has been enhanced:

Imprisonment: 6 months → 1 year

Fine: ₹1,000 → ₹5,000

Rapid Revision

276 = ADULTERATION + IMPAIRED/HARMFUL EFFECT + INTENTION/KNOWLEDGE OF MEDICINAL SALE/USE

Punishment = Up to 1 year / ₹5,000 / both

Classification = Non-cognizable + Non-bailable + Any Magistrate