Define Adulteration of food or drink; Adulteration of Drugs; Fouling water and vitiating atmosphere; Making atmosphere noxious to health.

Question: Define Adulteration of food or drink; Adulteration of Drugs; Fouling water and vitiating atmosphere; Making atmosphere noxious to health.

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Answer

• Adulteration of food or drink

Section 272 deals with the 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 272 punishes adulteration of food or drink rendering it noxious with intent to sell it as food or drink. In order to ensure conviction under this section, the prosecution needs to prove that:

1. the article involved was food or drink meant to be consumed by live persons,
2. the accused adulterated it,
3. such adulteration rendered it noxious as food or drink, and
4. the accused at the time of such adulteration intended to sell such article as food or drink or knew it to be likely that such article would be sold as food or drink.

• Adulteration of Drugs, and

Section 274 makes Adulteration of drugs punishable— 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 medical 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.

Sections 274 and 275 deal with the adulteration of drugs and sale thereof. Under these sections, it must not only be proved that the drug is adulterated, but it should be in such a manner as to reduce the efficacy of the drug, alter its effect, or make it noxious.

• Fouling water and vitiating atmosphere.

Section 277 makes Fouling water of public spring or reservoir an offence— 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.

The water of a public spring or reservoir belongs to every member of the community, and if a person voluntarily fouls it, he comes within the ambit of s 277 as it renders it less fit for the purpose for which it is ordinarily used. Fouling water of a private well is not punishable under the section.

The words ‘corrupts or fouls’ mean some act that physically defiles or fouls the water. Bathing in a tank fouls the drinking water. However, fouling of the water of a river running in a continuous stream does not amount to an offence under section 277, as it is not covered by the words ‘public spring’.31 Nevertheless, it may be punishable under s 290 if it causes common injury or danger to the public.

• Making atmosphere noxious to health

Section 278 deals with offences committed upon Making the atmosphere noxious to health.— Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in 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.

In K Ramakrishnan v. State of Kerala, the Kerala High Court held that smoking of tobacco in any form in a public place vitiates the atmosphere and makes it noxious to the health of persons who happen to be there. Smoking in a public place, therefore, contravenes section 278 of the IPC.

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