THE INDIAN PENAL CODE (AMENDMENT) BILL, 2015

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1 1 As INTRODUCED IN LOK SABHA Bill No. 44 of of THE INDIAN PENAL CODE (AMENDMENT) BILL, 2015 By DR. SANJAY JAISWAL, M.P. A BILL further to amend the Indian Penal Code, BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows: 1. (1) This Act may be called the Indian Penal Code (Amendment) Act, (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In the Indian Penal Code, 1860 (hereinafter referred to as the principal Act), for section 272, the following section shall be substituted, namely: Short title and commencement. Substitution of new section for section 272.

2 Adulteration of food or drink intended for sale. Substitution of new section for section 273. Sale of adulterated, misbranded or substituted food or drink Whoever adulterates any article of food or drink, so as to make such article unsafe for consumption, 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 for a term which may extend to life, or with fine which may extend to fifty lakh rupees, or with both.. 3. In the principal Act, for section 273, the following section shall be substituted, namely: 273. Whoever stores, sells, offer for sale, possesses for sale, causes to be sold or manufactures for sale, as food or drink, any article which has been adulterated, misbranded or substituted so as to render it unsafe or injurious to health, shall be punished with imprisonment for a term which may extend to life, or with fine which may extend to fifty lakh rupees, or with both

3 STATEMENT OF OBJECTS AND REASONS The practice of adulteration of food is a serious threat to health of the members of community and it eventually affects the overall quality of life of people. The Food Safety and Standards Act, 2006 was enacted with a view to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith. However, there has been a need for stringent punishment to offenders and strict implementation of the Act. Often adulterators are charged under section 272 or 273 of the Indian Penal Code, 1860 which do not provide for stringent punishment and, as such, are not of much significance. The issue has been raised in the Parliament quite often. The Courts in their various orders and judgements have observed that more robust legislative framework to address the menace of food adulteration should be framed. In view of the above, there is an urgent need for stringent punishment that can act as a deterrent against the practice of food adulteration. The Bill, accordingly, seeks to amend the Indian Penal Code, 1860 with a view to provide for stringent punishment against the practice of food adulteration. NEW DELHI; January 30, 2015 SANJAY JAISWAL 3

4 ANNEXURE EXTRACT FROM THE INDIAN PENAL CODE, 1860 Adulteration of food or drink intended for sale. Sale of noxious food or drink. (45 OF 1860) * * * * * * * 272. 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 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. * * * * * * * 4

5 LOK SABHA A BILL further to amend the Indian Penal Code, (Dr. Sanjay Jaiswal, M.P.) GMGIPMRND 4949LS(S3)