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Report No.264

Annexure-A

Comparative Statement showing the changes proposed in the IPC and CrPC

Part-I Amendments suggested in IPC

Provisions under IPC

Amendments suggested by Law Commission of India

272. Adulteration of food or drink intended for sale.-

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 the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
The text of the State Amendment in respect of Orissa is as under:

Orissa.- In section 272 for the words "shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both", the following shall be substituted, namely:-

"shall be punished with imprisonment for life and shall also be liable to fine:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life."
[Vide Orissa Act 3 of 1999, sec. 2 (w.e.f. 27.1.1999)].

Uttar Pradesh.-

In section 272 for the words "shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both", substitute the following words, namely:-
"shall be punished with imprisonment for life and shall also be liable to fine:

Provided that the court may, for adequate reasons to be mentioned in the judgement, impose a sentence of imprisonment which is less than imprisonment for life."
[Vide Uttar Pradesh Act 47 of 1975, sec. 3 (w.e.f. 15.9.1975)].
West Bengal.-In section 272 for the words "of either description for a term which may extend to six months, or with fine which mays extend to one thousand rupees, or with both", substitute the following words, namely:-
"for life with or without fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life."
[Vide West Bengal Act 42 of 1973, sec. 3 (w.e.f. 29.4.1973]
Substitution of new section for section 272.

In the Indian Penal Code, (45 of 1860) (hereinafter referred to as the Penal Code), for section 272, the following section shall be substituted, namely :-

"272. Adulteration of food or drink intended for sale.- 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 the same will be sold as food or drink, shall be punished, -
(i) where such adulteration does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;

(ii) where such adulteration results in non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;

(iii) where such adulteration results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which shall not be less than five lakh rupees;

(iv) where such adulteration results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees:
Provided that the court may, for adequate reason to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life:
Provided further that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided also that any fine imposed under this section shall be paid to the victim.".
273. Sale of noxious food or drink. -

Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

In section 273, State Amendments are the same as under section 272
Substitution of new section for section 273.

In the Penal Code, for section 273, the following section shall be substituted, namely:-
"273. Sale of noxious food or drink.- Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished, -

(i) where the sale, offer for sale or exhibition for sale of such food or drink, does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;

(ii) where the sale of such food or drink, results in non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;

(iii) where the sale of such food or drink, results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which shall not be less than five lakh rupees;

(iv) where the sale of such food or drink, results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees:
Provided that the court may, for adequate reason to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life:
Provided further that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
Provided also that any fine imposed under this section shall be paid to the victim.".


Criminal Law (Amendment) Bill, 2017 - Provisions dealing with Food Adulteration Back




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