Selling adulterated food? The PPC punishes it.

Myth or fact?

What people often think.

• Myth: Adulteration is just a fine from the food department.
• Fact: Making food or drink noxious for sale, or knowingly selling it, are offences under the PPC (ss.272, 273).

The law.

Section 272, PPC.

“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 ...”

Pakistan Penal Code, 1860 · Section 272, Adulteration of food or drink intended for sale

Four offences.

Sections 272 to 275, PPC.

• Adulterating food, s.272Making food or drink noxious, intending to sell it.
• Selling it, s.273Selling food or drink that is noxious or unfit, knowing or having reason to believe it.
• Adulterating drugs, s.274Weakening a medicine or making it noxious, for sale or use.
• Selling them, s.275Selling adulterated drugs as if they were pure.

Knowing matters.

What must be shown.

• The makerIntent to sell, or knowing it is likely to be sold (s.272).
• The sellerKnowing, or having reason to believe, it is noxious (s.273).
• The termUp to 6 months, or fine, or both, for each of ss.272 to 275.

Quick quiz. The shopkeeper.

Guess first, then swipe for the answer.

• A. Yes, always
• B. No, it is non-cognizable
• C. Only if it is milk

Answer: B. Schedule II.

Sections 272 and 273, CrPC Schedule II.

• The tableShall not arrest without warrant. Summons. Bailable.
• SoPolice record the information and refer you to the Magistrate (CrPC s.155).

What a court did.

2011 YLR 2647, Lahore High Court.

• The factsFood from a bakery made many students of a school seriously ill.
• The holdingSs.272 and 273 are non-cognizable, so an FIR could not be registered directly.
• The resultThe FIR and the proceedings were quashed.

What to do.

Three steps, in this order.

• Keep itThe item, the receipt or packet, and any medical record.
• Food officerIn that case the special food law needed an authorised officer's report.
• MagistrateA complaint for ss.272 or 273 PPC (CrPC s.200).

Made you sick?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• A shop sold us milk that made my children sick. What can we do?
• Is section 273 PPC cognizable? Can the police register an FIR?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 272
  Adulteration of food or drink intended for sale Pakistan Code