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Report No.264

5. Amendment of First Schedule.

In the First Schedule to the Code of Criminal Procedure under the heading "I. - OFFENCES UNDER THE INDIAN PENAL CODE (45of 1860)", for the entries relating to sections 272 and 273, the following entries shall be substituted, namely :-

1 2 3 4 5 6
"272. Adulterating food or drink intended for sale, so as to make the same noxious -
(i) where such adulteration does not result in injury
Imprisonment which may extend to six months and with fine to be paid to the victim. Cognizable Bailable Any Magistrate
(ii) where such adulteration results in non-grievous injury Imprisonment which may extend to one year and with fine to be paid to the victim. Cognizable Bailable Any Magistrate
(iii) where the sale of such food or drink, results in a grievous injury Imprisonment which may extend to six years and with fine to be paid to the victim. Cognizable Bailable Any Magistrate
(iv) where the sale of such food or drink, results in death Imprisonment of not less than seven years but which may extend to life and with fine to be paid to the victim. Cognizable Non Bailable Court of Sessions
273. Selling any food or drink, as food or drink knowing the same to be noxious-
(i) where the sale, offer for sale or exhibition for sale of such food or drink, does not result in injury
Imprisonment which may extend to six months and with fine to be paid to the victim. Cognizable Bailable Any Magistrate
(ii) where the sale of such food or drink, results in non-grievous injury Imprisonment which may extend to one year and with fine to be paid to the victim. Cognizable Bailable Any Magistrate
(iii) where the sale of such food or drink, results in a grievous injury Imprisonment which may extend to six years and with fine to be paid to the victim. Cognizable Bailable Any Magistrate
(iv) where the sale of such food or drink, results in death Imprisonment of not less than seven years but which may extend to life and with fine to be paid to the victim. Cognizable Non Bailable Court of Sessions

1 AIR 2016 SC 3626.

2 Paragraph 19 of the Judgment.

3 Please see: http://www.Food Acti.gov.in/home/about-us/introduction.html (last accessed on 22nd December, 2016).

4 Section 4, The Food Safety and Standards Act, 2006.

5 Please refer to Sections 89 [Overriding effect of this Act over all other food related laws], 97 (1) & 97 (2) [Repeal and savings] of the Act.

6 Chapter VII, Section 29 (1) & (2), Food Safety and Standards Act, 2006.

7 Section 30 (1), Food Safety and Standards Act, 2006.

8 Section 37, Food Safety and Standards Act, 2006.

9 Section 41, Food Safety and Standards Act, 2006.

10 Section 68, Food Safety and Standards Act, 2006.

11 Section 70, ibid.

12 Sections 71-80 - Chapter X, ibid .

13 Section 92, Food Safety and Standards Act, 2006

14 U.P. Act No. 47 of 1975.

15 W.B. Act No. 42 of 1973, w.e.f. 29th. April, 1973.

16 Orissa Act 3 of 1999, sec. 2, w.e.f. 27th January, 1999.

17 Section 3 (1) (a), Food Safety and Standards Act, 2006.

18 Section 3 (1) (zz), Food Safety and Standards Act, 2006.

19 2011 (2) Crimes 250, 2010(6)ALJ 30.

20 Paragraph 13, of Swami Achyutanand Tirth Judgment.

21 Section 5 states that: Certain laws not to be affected by this Act- Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

22 Municipal Council Palai v. T.J. Joseph & Ors. AIR 1963 SC 1561; Municipal Corporation of Delhi v. Sheo Shankar, AIR 1971 SC 815; Justiniano Augusto De PiedadeBarreto v. Antonio Vicente Da Fonseca, AIR 1979 SC 984; R.S. Raghunath v. State of Karnataka, AIR 1992 SC 81;Om Prakash Shukla v. Akhilesh Kumar Shukla & Ors., AIR 1986 SC 1043; Kanwar Lal v. IInd Additional District Judge, Nainital, AIR 1995 SC 2078; Syndicate Bank v. Prabha D. Naik, AIR 2001 SC 1968; Union of India v. Venkateshan S., AIR 2002 SC 1890; D.R. Yadav v. R.K. Singh, AIR 2003 SC 3935; and Lal Shah Baba Dargah Trust v. Magnum Developers & Ors., AIR 2016 SC 381.

23 Secretary of State for India, in Council v. Hindustan Cooperative Insurance Society Ltd., AIR 1931 PC 149; Sriram Mandir Sanstha v. Vatsalabai, AIR 1999 SC 520; Jeevan Kumar Raut & Anr. v. Central Bureau of Investigation AIR 2009 SC 2763; Jamruddin Ansari v. Central Bureau of Investigation & Ors. (2009) 6 SCC 316; and Commercial Tax Officer Raj. v. M/s. Binani Cement Ltd. & Anr., 2015 (3) SCR 1.

24 Orissa Act 3 of 1999, sec. 2 (w.e.f. 27-1-1999).

25 AIR 2012 SC 3802.

26 AIR 2000 SC 1470.

27 AIR 2000 SC 1677.

28 (2012) 8 SCC 537.

29 (2013) 12 SCC 308.

30 (2015) 1 SCC 222.

31 (1991) 3 SCC 471.

32 (2006) 2 SCC 359.

33 2008 (10)SCALE 336.

34 (2015) 3 SCC 441.

35 (2013) 9 SCC 516.

36 (2010) 12 SCC 532.

37 (2008) 7 SCC 550.

38 (1994) 2 SCC 220.

39 (2009) 7 SCC 254.

40 (2012) 8 SCC 734.

41 JT 2013 (3) SC 444.



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




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