The following sections of the Indian Penal Code deals directly or indirectly with offences involving poisons:
| Section 272 IPC | 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. |
| Section 273 IPC | 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. |
| Section 274 IPC | 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 which may extend to six months, or with fine which may extend to one thousand rupees, or with both. |
| Section 275 IPC | 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 which may extend to six months, or with fine which may extend to one thousand rupees, or with both |
| Section 276 IPC | Sale of drug as a different drug or preparation– Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, 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. |
| Section 277 IPC | Fouling water of public spring or reservoir Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. |
| Section 278 IPC | Making atmosphere noxious to health Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons is general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees. |
| Section 284 IPC | Negligent conduct with respect to poisonous substance – This section deals with negligent conduct in relation to poisons, and it states, ―Whoever does with any poisonous substance any act in any manner so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment up to 6 months, or fine up to Rs.1000, or both‖. The crux of this offence is culpable negligence with regard to poisonous substances. The fact that a person has the custody of any dangerous substance suffices itself to impose upon him the duty of being careful. |
| Section 328 IPC | Causing hurt by means of poison, etc., with intent to commit an offence Like section 284, this section deals specifically with poisons. It states, ―Whoever administers to any person any poison, or any stupefying, intoxicating, or unwholesome drug with intent to cause hurt to such person, shall be punished with imprisonment up to 10 years, and shall also be liable to fine |
Drugs and Cosmetics Act, 1940
This Act was amended in 1964, and in 2008, and is today referred to as the Drugs and Cosmetics (Amendment) Act, 2008.
It is an Act to regulate the import, manufacture, distribution and sale of drugs and cosmetics.
It deals with the import, manufacture, distribution, and sale of all kinds of drugs like Allopathic, Ayurvedic, Unani, Siddha, etc., besides cosmetics. As per the Act, every patented or proprietary medicinal preparation should display on the label of the container, either the exact formula or a list of the ingredients.
The amended Act has enhanced the scale of punishment for various offences, including sale of spurious drugs, adulteration of drugs and cosmetics, toxic contamination, etc.
| Section 17A | Adulterated drugs.- For the purposes of this Chapter, a drug shall be deemed to be adulterated,— (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 which may render the contents injurious to health; or (d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or (e) if it contains any harmful or toxic substance which may render it injurious to health; or (f) if any substance has been mixed therewith so as to reduce its quality or strength. |
| Section 17B | Spurious drugs.—a drug shall be deemed to be spurious,— (a) if it is manufactured under a name which belongs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product |
NDPS Act
The Narcotic Drugs and Psychotropic Substances (NDPS) Act came into force on 14 November 1985 in India and subsequently amended in 1988, to implement the provisions of the Convention on Psychotropic Substances (1971), and the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), both held in Vienna.
The Act received assent from then President Giani Zail Singh.
The NDPS Act has since been amended thrice — in 1988, 2001 and 2014.
| Section 2 | Defines Cannabis , Cannabis plant, Coca leaf, plant, Coca derivative, Opium |
| Section 41 | Power to Issue Warrant and Authorization – A Metropolitan Magistrate or a Magistrate of the First Class or any Magistrate of the second class specially empowered by the state government on this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place. |
| Section 42 | Power of Entry, Search, Seizure and Arrest without Warrant and Authorization |
| Section 55 | Police to Take Charge of Articles Seized and Delivered |
The Central Government of India established Narcotics Control Bureau (NCB) in 1986 under the Ministry of Home Affairs with its headquarters at New Delhi, and zonal offices at Mumbai, Kolkata, Chennai, and Varanasi.
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