Introduction
Food is a basic human necessity without which one cannot survive. In modern India, the tradition of cooking meals at home, using pure and healthy ingredients from our courtyard, has undergone tremendous change.
Nowadays, people are very busy and, to a greater extent, too lazy to cook food at home. The wide availability and accessibility of outside food from restaurants at our doorsteps through mobile applications like Swiggy, Zomato, and more are making people too lazy to cook fresh food inside their homes.
Ready-made, fully cooked or half-cooked, and packaged food products are easily available in a click. People who buy food these ways don’t know the true ingredients, their quality, or their purity; they blindly trust the sellers and their words.
Sellers focus on the profit they can reap by selling the maximum number of food products at a time, rather than providing healthy and pure meals meeting the standard and quality the society deserves. Negligence in ensuring the quality of medical products can also lead to serious injuries other than financial loss or dissatisfaction.
Also Read: Standard Operating Procedure (SOP) for Investigation of Food Adulteration and Unsafe Food Offences
Consumer Is the King in the Market
As an old business mantra chants, ‘The consumer is the king in the market,’ but the same king is exploited by his servants; that means he is the victim of exploitation by the sellers and businessmen who are greedy in reaping profits.
Adulteration: A Silent Threat to Consumers
Adulteration is one practice or method employed by businessmen that silently kills the consumers.
The reasons for this malice may include:
- Inflationary pressure
- Laxity in the enforcement of law
- Lack of sustained contract between buyer and seller
- Absence of a code of business ethics
Adulteration is one practice or method employed by businessmen that silently kills the consumers. The reasons for this malice may include inflationary pressure, laxity in the enforcement of law, lack of a sustained contract between buyer and seller, and above all the absence of a code of business ethics. [1]
Also Read: White Collar Crimes in India: Legal Framework, Key Sectors, and Judicial Response
Key Factors Contributing to Food Adulteration
| Factor | Impact on Consumers |
|---|---|
| Inflationary Pressure | Encourages sellers to reduce quality for higher profits. |
| Lax Enforcement of Law | Allows unethical practices to continue unchecked. |
| Lack of Sustained Contract | Weakens accountability between buyers and sellers. |
| Absence of Business Ethics | Promotes profit-driven practices at the cost of consumer welfare. |
Meaning of Adulteration
Adulteration can be defined as the process by which the quality of a material that is consumable in nature is reduced or altered from its original form by adding substances of generally substandard quality that are not normally added to such material. These adulterants reduce the quality of food products and may render them unfit for consumption, leading to serious consequences such as health hazards.
Adulteration in respect of medicinal substances refers to the intentional or unintentional replacement of a crude drug or its ingredients with another inferior material that has lower chemical or therapeutic value but a similar appearance. This compromises the safety and efficacy of pharmaceutical products and can lead to the risk of adverse reactions in the user’s body.
Justice V.R. Krishna Iyer once remarked that “an insidious host internally nutritiously deficient nation is one in a sense a greater menace than a visible army of aggression at our frontiers.” [2]
Food and drug adulteration is a serious issue in India that poses a significant threat to public health and security. Adulteration is not merely a legal issue; it also has an adverse impact on public health and consumer rights, which can lead to many ethical issues also.
The only motive behind performing adulteration by the sellers is to increase profit by reducing production cost. For instance:
- Adding colour additives to food products.
- Adding non-permitted dyes.
- Diluting milk by adding water.
- Using other substandard substances to increase quantity and reduce cost.
Also Read: The Drugs and Cosmetics Act, 1940: An Overview
Food Adulteration Statistics in India
According to an article in Times of India, the Madhya Pradesh Food and Drugs Administration (MP-FDA) has now revealed that approximately one in every 30 food samples tested was found to be substandard. [3]
The statistics are highlighted in a special report published by FNB News. In 2020–21, over 107,000 food samples were tested. Of these, around 28,000 did not meet the required standards. This led to the filing of over 24,000 civil cases and nearly 4,000 criminal cases.
The situation worsened in the following year. In 2021–22, the number of civil cases rose to nearly 29,000, while criminal cases reached close to 5,000. These figures show a rising trend in non-compliance. [4]
Also Read: When Drinking Water Fails the Constitution: The Indore Crisis and the Right to Life under Article 21
| Year | Food Samples Tested | Substandard Samples | Civil Cases | Criminal Cases |
|---|---|---|---|---|
| 2020–21 | Over 107,000 | Around 28,000 | Over 24,000 | Nearly 4,000 |
| 2021–22 | – | – | Nearly 29,000 | Close to 5,000 |
Adulteration of food has been elevated during the COVID-19 pandemic too, due to the slowdown of business caused by the pandemic. In Punjab, 70 thousand litres of adulterated milk were seized in mid-April; the milk that was seized contained water and also chemicals. [5]
Constitutional Provisions Related to Food and Drug Adulteration
The right to food is not explicitly enshrined in the provisions of the Indian Constitution, but the Honourable Supreme Court, through many judgements, recognised the right to food under Article 21, which guarantees the right to life and personal liberty.
Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. [6]
Article 21 and Right to Food
The Indian Constitution affirms the importance of the right to food and the right to health under the purview of fundamental rights, to be specific, Article 21, which includes the right to have healthy, safe, and consumable food.
Health is supreme to all other liberties guaranteed under the Indian Constitution. Without good health, a citizen cannot exercise the civil and political rights recognised in our Constitution.
However, whether the state, which is responsible for protecting consumers, is ensuring the same and whether that is sufficient still remain unresolved questions.
The adulteration of food and drugs explicitly violates the constitutional provisions. The consumption of adulterated drugs can lead to grievous health hazards compromising the right to health, which is an integral part of the right to life.
Hence, the prevention of adulteration in food and drugs, as well as their sale, is a constitutional mandate.
Article 47: Duty of the State
Article 47 of the Constitution of India is a directive principle of state policy, and it states the duty of the state to raise the level of nutrition and the standard of living and to improve public health. [7]
Hence, it is the primary duty of the state to provide nutrition to the citizens and ensure safety by prohibiting the consumption of intoxicating substances that are injurious to public health.
Supreme Court View on Public Health and Adulteration
The Hon’ble Supreme Court in the Centre for Public Interest Litigation v. Union of India emphasised that any food article that is hazardous or injurious to public health is a potential danger to the fundamental right to life guaranteed under Article 21 of the Constitution of India.
A paramount duty is cast on the state and its authorities to achieve an appropriate level of protection for human life and health, which is a fundamental right guaranteed under Article 21 read with Article 47 of the Constitution of India. [8]
Key Constitutional Provisions at a Glance
| Constitutional Provision | Subject Matter | Relevance to Food and Drug Adulteration |
|---|---|---|
| Article 21 | Right to Life and Personal Liberty | Includes the right to health, safe food, and a healthy life. |
| Article 47 | Directive Principle of State Policy | Obligates the state to improve nutrition and public health. |
| Centre for Public Interest Litigation v. Union of India | Supreme Court Interpretation | Recognised hazardous food products as a threat to the right to life. |
Provisions of the Bharatiya Nyaya Sanhita, 2023, Relating to Food Adulteration
The Bharatiya Nyaya Sanhita, 2023, contains specific provisions dealing with food adulteration, sale of noxious food or drink, adulteration of drugs, and sale of adulterated drugs. These provisions aim to protect public health by penalising acts that make food, beverages, or medicinal products harmful for human consumption or use.
Also Read: Safeguarding the Plate: An In-Depth Examination of the Food Safety and Standards Act, 2006 in India
Section 274: Adulteration of Food or Drink Intended for Sale
Section 274. 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 that may extend to six months, or with a fine that may extend to five thousand rupees, or with both. [9]
Key Points Under Section 274
- Applies to adulteration of food or drink.
- The adulteration must make the article noxious.
- The offender must intend to sell the article or know that it is likely to be sold.
- Punishment may extend to six months’ imprisonment, a fine up to five thousand rupees, or both.
Section 275: Sale of Noxious Food or Drink
Section 275. Sale of noxious food or drink. —Whoever sells, or offers, or exposes for sale, as food or drink, any article that 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 that may extend to six months, or with a fine that may extend to five thousand rupees, or with both. [10]
Key Points Under Section 275
- Applies to the sale, offer, or exposure for sale of noxious food or drink.
- The accused must know or have reason to believe that the article is noxious or unfit for consumption.
- Punishment may extend to six months’ imprisonment, a fine up to five thousand rupees, or both.
Understanding Food Adulteration Under Indian Criminal Law
Under the Indian criminal law, adulteration, which makes the food or drink noxious in nature or unfit for consumption, is punishable, but those who do not render it noxious cannot be punished under the same provisions. For instance, adding water to milk is not making the product noxious, but adding colour additives, which are harmful to health, can amount to adulteration. The selling, offering, or advertising of such adulterated food or drink voluntarily can lead to punishments under the Bharatiya Nyaya Sanhita, 2023. Both offences are non-cognisable, bailable, and compoundable. Earlier these provisions were incorporated under the old criminal code, that is, the Indian Penal Code, 1860, under Section 272 [11] and Section 273 [12].
Nature of Offences Relating to Food Adulteration
| Particulars | Details |
|---|---|
| Relevant Provisions | Sections 274 and 275, Bharatiya Nyaya Sanhita, 2023 |
| Subject Matter | Food and drink adulteration |
| Nature of Offence | Non-cognizable |
| Bail | Bailable |
| Compoundability | Compoundable |
| Earlier IPC Provisions | Sections 272 and 273 of the Indian Penal Code, 1860 |
Section 276: Adulteration of Drugs
Section 276. Adulteration of drugs. —Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term that may extend to one year, or with a fine that may extend to five thousand rupees, or with both. [13]
Key Points Under Section 276
- Applies to drugs and medical preparations.
- Covers acts that lessen efficacy, change operation, or make the drug noxious.
- The adulteration must be intended for medicinal use or sale.
- Punishment may extend to one year’s imprisonment, a fine up to five thousand rupees, or both.
Section 277: Sale of Adulterated Drugs
Section 277. Sale of adulterated drugs. —Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term that may extend to six months, or with a fine that may extend to five thousand rupees, or with both. [14]
Key Points Under Section 277
- Applies to the sale or distribution of adulterated drugs.
- Knowledge of adulteration is an essential element.
- Covers sale, offer for sale, dispensing, and causing use of adulterated drugs.
- Punishment may extend to six months’ imprisonment, a fine up to five thousand rupees, or both.
Comparison of Sections 274 to 277
| Section | Offence | Subject Matter | Maximum Imprisonment | Maximum Fine |
|---|---|---|---|---|
| 274 | Adulteration of food or drink intended for sale | Food and Drink | 6 Months | ₹5,000 |
| 275 | Sale of noxious food or drink | Food and Drink | 6 Months | ₹5,000 |
| 276 | Adulteration of drugs | Drugs and Medical Preparations | 1 Year | ₹5,000 |
| 277 | Sale of adulterated drugs | Drugs and Medical Preparations | 6 Months | ₹5,000 |
Sections 274 to 277 of the Bharatiya Nyaya Sanhita, 2023, deal with offences relating to adulteration of food, drink, and drugs. The law penalises both the act of adulteration and the sale or distribution of adulterated products where such adulteration makes the products noxious, unsafe, or less effective. These provisions continue the legislative framework that previously existed under Sections 272 and 273 of the Indian Penal Code, 1860, while maintaining safeguards for public health and consumer safety.
The Food Safety And Standards Act, 2006
The adulteration of food is a subject in the concurrent list of the Indian Constitution. [15] There were many state laws to regulate the food sector in each state, but differences in provisions led to conflict in trade, necessitating the significance of central legislation to govern the sector. And the Prevention of Food Adulteration Act, 1954, was enacted to resolve the dilemma.
The primary law governing the prevention of adulteration in India was the Prevention of Food Adulteration Act, 1954. It underwent many amendments in 1964, 1976, and 1986.
After independence, to address the limitations in ensuring food safety, the government enacted various pieces of legislation, rules, and orders on specific food products to prevent adulteration, such as the following:
Food Laws Before The Food Safety And Standards Act, 2006
- The Fruit Products Order, 1955
- The Vegetable Oil Products (Control) Order, 1947
- Essential Commodities Act, 1955
- The Solvent Extracted Oil, De-oiled Meal, and Edible Flour (Control) Order, 1967
- The Meat Food Products Order, 1973
- The Milk and Milk Products Order, 1992
- The Edible Oils Packaging (Regulation) Order, 1998
To resolve the confusion and criticism arising from multiple enactments, the government introduced the Food Safety and Standards Act, 2006. Over the years, changes in the food industry led the parliament to enact the act.
Objective Of The Food Safety And Standards Act
This statute was enacted by the state in 2006 to consolidate all the laws relating to food products and regulating manufacture, storage, distribution, sale, import, and safety for human consumption while laying down standards for such food products. The objective of the Act is to ensure the safety of food available in the market.
Definition Of Adulterant
Under Section 3(a) of the Food Safety and Standards Act 2006, “adulterant” means any material that is or could be employed for making the food unsafe or substandard, misbranded, or containing extraneous matter. [16]
Single Reference Point For Food Safety And Standards
The Act also aims to establish a single reference point for all matters relating to food safety and standards by moving from multi-level, multi-departmental control to a single line of command. [17]
A key highlight of the act is the establishment of the Food Safety and Standards Authority of India (FSSAI), which acts as a monitoring authority. FSSAI is an independent statutory body in Delhi, operating under the Ministry of Health and Family Welfare, Government of India.
Before the establishment of FSSAI, multiple agencies and multiple responsibilities made the situation complex for businesses and consumers. Later, the government realised the need for a single uniform authority for controlling and managing India’s food sector.
Main Functions Of FSSAI
- Framing of regulations to lay down the standards and guidelines in relation to articles of food and specifying an appropriate system of enforcing various standards.
- Laying down guidelines and procedures for accreditation of laboratories and notification of the accredited laboratories.
- Contribute to the development of international technical standards for food and sanitary and phytosanitary standards.
- To provide scientific advice and technical support to the central government and state governments in matters of framing the policy and rules in areas that have a direct or indirect bearing on food safety and nutrition. [18]
Relationship With The Prevention Of Food Adulteration Act, 1954
The provisions of this act complement the constitutional provisions relating to food. The Food Safety and Standards Act, 2006, came into force by replacing the Prevention of Food Adulteration Act, 1954.
Important Judicial Pronouncements
Parle Beverages Pvt. Ltd. v. Thakore Pratapji Kacharaji
In the case of Parle Beverages Pvt. Ltd v. Thakore Pratapji Kacharaji, the Gujarat High Court laid down that Section 272 and Section 273 of the IPC are not a ‘corresponding law’ to the provisions of the PFA Act, 1954. The provisions of the IPC are not repugnant or inconsistent with the provisions of the PFA Act, so no question of repeal arises under Section 25 of the PFA Act. Both the PFA Act and Section 272 or Section 273 of the IPC have applicability for the offence of adulteration, but it must be seen that the offender is not punished twice. [19]
Ram Nath v. State of U.P.
In the case of Ram Nath v. State Of U.P., the question pertaining was whether the provisions under the Food Safety and Standards Act, 2006, have an overriding effect over Section 272 and Section 273 of the Indian Penal Code. The honourable court recognised the specific and overriding effect of the FSS Act over other food-related laws, quashing the charges under Section 272 and Section 273 of the IPC. [20]
Section 59: Punishment For Unsafe Food
Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption that is unsafe shall be punishable. [21]
| Nature of Contravention | Punishment |
|---|---|
| Where such failure or contravention does not result in injury | Imprisonment for a term that may extend to six months and also with a fine that may extend to one lakh rupees |
| Where such failure or contravention results in a non-grievous injury | Imprisonment for a term that may extend to one year and also with a fine that may extend to three lakh rupees |
| Where such failure or contravention results in a grievous injury | Imprisonment for a term that may extend to six years and also with a fine that may extend to five lakh rupees |
| Where such failure or contravention results in death | Imprisonment for a term that shall not be less than seven years but which may extend to imprisonment for life and also with a fine that shall not be less than ten lakh rupees |
Scope And Applicability Of The Act
The Food Safety and Standards Act, 2006, applies to everyone, whether the undertaking is private or public, carrying out any business activities in relation to any stage of manufacture, processing, storage, transportation, and distribution of food, whether for profit or not.
The Drugs And Cosmetics Act, 1940
This act is the primary legislation that governs the import, manufacture, distribution, and sale of drugs and cosmetics. Adulteration of drugs includes the intentional dilution for the purpose of cost reduction and unintentional dilution due to the negligence of manufacturers. Intentional adulteration comprises the mixing of substandard ingredients with the original drug that makes it morphologically and chemically similar to the crude drug. This will reduce the efficacy of the original drug or medicine, resulting in severe consequences to the users. Unintentional adulteration is the result of drugs being prepared negligently in unhygienic conditions.
Counterfeit Drugs And Public Health Concerns
This counterfeiting of drugs is increasing day by day, and the industry is making a profit out of it. These drugs are produced with low-cost, substandard materials to specifically attract the low-income groups in the country. Medicine is something we can’t avoid, and it is one of the largest profitable industries.
The Drug and Cosmetics Act, 1940, deals with the prohibition of the manufacture, sale, and distribution of such counterfeit drugs that are detrimental to public health. An adulterating drug is defined under Section 9A of the said act as given below.
Section 9A. Adulterated Drugs
For the purposes of this chapter, a drug shall be deemed to be adulterated:
| Clause | Ground for Adulteration |
|---|---|
| (a) | if it consists, in whole or in part, of any filthy, putrid, or decomposed substance; or |
| (b) | if it has been prepared, packed, or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or |
| (c) | if its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health; or |
| (d) | if it bears or contains, for purposes of coloring only, a color other than one that is prescribed; or |
| (e) | if it contains any harmful or toxic substance that may render it injurious to health; or |
| (f) | if any substance has been mixed therewith so as to reduce its quality or strength. [22] |
Section 13. Offenses And Punishment
Section 13. Offences.—(1) Whoever, himself or by any other person on his behalf, imports:
- Any drug deemed to be adulterated under section 9A shall be punishable with imprisonment for a term that may extend to three years and a fine that may extend to five thousand rupees. [23]
Central Drug Standard Organization
Other than the statutory provisions, the Central Drug Standard Organisation is established as the apex regulatory body to control the licensing of medical products and vaccines, the approval of new drugs and clinical trials, and the testing of new drugs, as well as the oversight and market surveillance with the help of the appropriate state authorities.
Consumer Protection Act, 2019
This Act was enacted to protect the rights and interests of consumers. Earlier, the Consumer Protection Act, 1986, was in force, which was replaced by the present Act. It is an act to provide for the protection of the interests of consumers and, for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto. [24]
Under the Act, consumer grievance redressal forums were established at the district, state, and national levels to resolve consumer disputes. Product adulteration poses high risk and threat to human lives, and this act introduces strict penalties to curb the issue of adulteration in food products, cosmetics, and pharmaceuticals.
Under Section 90 of the Consumer Protection Act, 2019, ‘adulterant’ is defined as any material, including extraneous matter, which is employed or used for making a product unsafe. [25]
Section 90: Punishment for Manufacturing, Selling, Distributing, Storing, or Importing Products Containing Adulterant
Under Chapter VII—Offence and Penalties, Section 90 deals with Punishment for Manufacturing for Sale or Storing, Selling, or Distributing or Importing Products Containing Adulterant.
Punishments Under Section 90
| Clause | Nature of Offense | Punishment |
|---|---|---|
| (a) | Does not result in any injury to the consumer | Imprisonment for a term that may extend to six months and with a fine that may extend to one lakh rupees |
| (b) | Causing injury not amounting to grievous hurt to the consumer | Imprisonment for a term that may extend to one year and with a fine that may extend to three lakh rupees |
| (c) | Causing injury resulting in grievous hurt to the consumer | Imprisonment for a term that may extend to seven years and with a fine that may extend to five lakh rupees |
| (d) | Results in the death of a consumer | Imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life and with a fine which shall not be less than ten lakh rupees |
Offenses Cognizable and Non-Bailable
(2) The offences under clauses (c) and (d) of sub-section (1) shall be cognisable and non-bailable.
Suspension or Cancellation of Licence
(3) Notwithstanding the punishment under sub-section (1), the court may, in case of first conviction, suspend any licence issued to the person referred to in that sub-section, under any law for the time being in force, for a period up to two years, and in case of a second or subsequent conviction, cancel the licence. [26]
Consumer Remedies Under the Act
If any of the consumer rights are violated, he can approach the consumer court seeking relief, or he may file a complaint by calling the helpline number or via email given on the website of FSSAI.
Under the consumer law, an adulterated food or adulterated or spurious pharmaceutical product falls within the definition of “defective goods”, and consumers have the option to claim compensation from the seller through consumer forums.
Chapter VI applies to every claim for compensation under a product liability action to hold the manufacturer, service provider, or seller responsible for the injury, loss, or damage caused by the defective product. [27]
Consumer Right to Safety
This Act provides rights of the consumers; under Section 2(9)(i), the right to safety is guaranteed, that is, the right to be protected against the marketing of goods, products, or services that are hazardous to life and property. [28]
Selling adulterated food or drugs can be categorised as hazardous to life and directly infringing the consumer’s right.
Conclusion
Legal provisions alone cannot curb the menace of adulteration. They must be complemented by proper surveillance by the concerned authorities. The enactment of a legal framework, its strict implementation, and collaboration between the government, manufacturers, and the public are pivotal in building a society that ensures food safety and consumer integrity.
As the maxim ‘caveat emptor’ means ‘consumer beware’, it implies that the consumer must be cautious while making a deal with the seller; he must be alert and prudent. It’s the responsibility of the consumer to check whether the product meets the quality standards. Selecting non-adulterated food and drink is very necessary to avoid any health issues.
Need for Consumer Awareness
- Educate consumers about food safety.
- Create awareness regarding counterfeit drugs.
- Prevent adulteration of food products and medicines.
- Inform consumers about remedies available in case of suffering due to consumption of adulterated food or medicine.
Hence, it is very essential to educate consumers about food safety and the prevalence of counterfeit drugs, the need for preventing adulteration of food products and drugs used for medical purposes, and the remedies available in case of any suffering due to consumption of such adulterated food or medicine.
Affordability and Adulteration
Affordability of drugs is a significant factor that influences adulteration. Providing affordable medicines at the right time can resolve the risk of adulteration by private companies.
Restoring Consumer Trust
The trust of consumers can only be restored by making every stakeholder accountable for the products they sell. It is the responsibility of the state to ensure the availability and quality of drugs by assuring that they meet all standard tests and are provided to citizens at an affordable rate.
Strengthening enforcement and conducting public awareness programmes can, to a great extent, solve the menace of adulteration.
Bibliography
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Accessed: 15 October 2025. - Food Safety and Standards Authority of India (FSSAI), ‘About FSSAI’.
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Accessed: 13 October 2025. - Parle Beverages Pvt. Ltd v. Thakore Pratapji Kacharaji, (1988) 1 GLR 183.
- Ram Nath v. State of Uttar Pradesh (21 February 2024) 2024 INSC 138.
- Food Safety and Standards Act, 2006 (Act No. 34 of 2006), s. 59 (India).
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