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मध्यप्रदेश शासन
सत्यमेव जयते
मध्यप्रदेश राजपत्र
(असाधारण )
प्राधिकार से प्रकाशित
क्रमांक 143]
भोपाल , शुक्रवार , दिनांक12 मार्च 2021- फाल्गुन 21 , शक 1942
विधि और विधायी कार्य विभाग
भोपाल , दिनांक 12 मार्च 2021
क्र. 3922-142- इक्कीस अ( प्रा. ) .- भारत के संविधान के अनुच्छेद 348 के खण्ड ( 3 ) के अनुसरण दण्ड विधि ( मध्यप्रदेश संशोधन ) विधेयक, 2021 ( क्रमांक 20 सन् 2021 ) का अंग्रेजी अनुवाद राज्यपाल के प्राधिकार से एतद्वारा प्रकाशित किया जाता है.
मध्यप्रदेश के राज्यपाल के नाम से तथा आदेशानुसार, आर. पी. गुप्ता, अवर सचिव.
285 मध्यप्रदेश राजपत्र, दिनांक 12 मार्च 2021
286
MADHYA PRADESH BILL
No. 20 OF 2021
THE CRIMINAL LAW ( MADHYA PRADESH AMENDMENT ) BILL , 2021
TABLE OF CONTENTS
Clauses :
CHAPTER I
PRELIMINARY
1. Short title and commencement .
CHAPTER II
AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE , 1973
Amendment of Central Act No. 2 of 1974 in its application to the State of Madhya Pradesh . 2.
Substitution of section 357- B . 3.
4. Amendment of First Schedule .
CHAPTER III
AMENDMENT TO THE INDIAN PENAL CODE , 1860
5. Amendment of Central Act No. 45 of 1860 in its application to the State of Madhya Pradesh .
6. Amendment of section 272 .
7. Amendment of section 273 .
8. Insertion of section 273 -A .
9. Amendment of section 274.
10. Amendment of section 275 .
11 . Amendment of section 276 .
मध्यप्रदेश राजपत्र, दिनांक 12 मार्च 2021
MADHYA PRADESH BILL
286 ( 1 )
No. 20 OF 2021
THE CRIMINAL LAW ( MADHYA PRADESH AMENDMENT ) BILL , 2021
A Bill further to amend the Code of Criminal Procedure , 1973 and the Indian Penal Code , 1860 in their application to the State of Madhya Pradesh .
Be it enacted by the Madhya Pradesh Legislature in the seventy- second year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. ( 1 ) This Act may be called the Criminal Law ( Madhya Pradesh Amendment ) Act , 2021 . Short title and commencment .
(2) It shall come into force on the date of its publication in the official Gazette.
CHAPTER II AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE , 1973
2. The Code of Criminal Procedure , 1973 ( 2 of 1974 ) ( hereinafter referred to as the principal Act ), shall in its application to the state of Madhya Pradesh be amended in the manner hereinafter provided.
Amendment of Central Act No. 2 of 1974 in its application to the State of Madhya Pradesh .
Substitution of section 357 - B .
3. For section 357 - B of the principal Act . the following section shall be substituted , namely:-
"357 - B . The compensation payable by the State Government under section 357 - A shall be in addition to the payment of fine to the victim under section 272, 273 , 274, 275 , 276. 326 -A. 376AB , 376D . 376DA and 376DB of the Indian Penal Code , 1860 ( 45 of 1860 ) .
4. In the First Schedule of the principal Act.-
Compensation to be in addition to fine under sec- tion 272 , 273 , 274,275、276 、 326-Α , 376AB 376 D , 376 DA and 376DB of the Indian Penal Code , 1860 ( 45) of 1860 ) .
Amendment of First Schedule .
( i ) For section 272 and 273 and entries relating thereto , the following sections and entriess relating thereto shall be substituted, namely:-
Amendment of sections 272 and 273 .
Punishment
Offence
Section
(3)
(2)
(1)
*272.
By What Court triable (6)
Bailable or non- baitable (5)
Cognizable or non- cognizable (4)
Cognizable
Adulterating food Imprisonment for life and shall also be liable
or drink intended to fine: for sale , so as to make the same noxious .
reason to be mentioned in the judgment , impose a sentence of imprisonment which is less than imprisonment for life. Provided that the court may , for adequate
273 .
Imprisonment for life and shall also be liable Cognizable to fine:
food food drink, the
Selling any or drink as and knowing same to noxious .
Provided that the court may, for adequate be reason to be mentioned in the judgment . impose a sentence of imprisonment which is less than imprisonment for life .
Court of Sessions
Non- bailable
Non- Court of bailable Sessions ." .
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मध्यप्रदेश राजपत्र, दिनांक 12 मार्च 2021
( ii ) after section 273 , the following section shall be inserted, namely :-
Insertion section 273 -A . of
Offence Section
(2)
(1)
"273 - A. Sale of food or
drink after the expiry of the food period.
Punishment
By What Court triable (6)
Bailable or non- bailable (5)
Cognizable or non- cognizable (4)
(3)
Cognizable
Court of Sessions ." .
Non- bailable
Imprisonment for five years , or fine upto Rupees One Lakh , or with both .
(iii ) for sections 274 , 275 and 276 and entries relating thereto , the following sections and entries relating thereto shall be substituted , namely:-
Amendment of section 274 , 275 and 276 .
Offence Section
(2)
(1)
" 274 .
275.
drug medical .
276.
selling drug medical
Punishment
By What Court triable (6)
Bailable or non- bailable (5)
Cognizable or non- cognizable (4)
(3)
Cognizable
Court of Sessions
Non- bailable
Adulterating any Imprisonment for life and shall also be liable drug or medical to fine:
preparation Provided that the court may, for adequate intended for sale reason to be mentioned in the judgment, so as to lessen impose a sentence of imprisonment which is the efficacy or less than imprisonment for life . change the operation or to make it noxious .
Cognizable
Court of Sessions
Non- bailable
or to fine: Selling any Imprisonment for life and shall also be liable
preparation Provided that the court may, for adequate reason knowing the to be mentioned in the judgment , impose a same to be sentence of imprisonment which is less than less effective imprisonment for life or noxious .
Cognizable
Court of Sessions .".
Non- bailable
Knowingly Imprisonment for life and shall also be liable any to fine: or
a preparation as Provided that the court may, for adequate reason diffierent to be mentioned in the judgment . impose a drug or sentence of imprisonment which is less than medical imprisonment for life . preparation .
CHAPTER III
AMENDMENTS TO THE INDIAN PENAL CODE , 1860
5. The Indian Penal Code . 1860 ( 45 of 1860 ) ( hereinafter referred to as the principal Act) . shall in its application to the State of Madhya Pradesh be amended in the manner hereinafter provided.
Amendment of Central Act No. 45 of 1860 in its application to the State of Madhya Pradesh.
286 (3 )
मध्यप्रदेश राजपत्र , दिनांक 12 मार्च 2021
Amendment of section 272 .
6. In Section 272 of the principal Act , for the words , coma and full stop " 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 . " , the words , coma, colon and full stop , " shall be punished with imprisonment for life and shall also be liable to fine:
Provided that the court may, for adeuate and special reason to be mentioned in the judgment . impose a sentence of imprisonment which is less than imprisonment for life . " , shall be substituted .
Amendment of section 273 .
7. In section 273 of the principal Act , for the words , coma and full stop , " 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 . " , the words , coma, colon and full stop , "shall be punished with imprisonment for life and shall also be liable to fine :
Provided that the court may, for adequate and special reason to be mentioned in the judgment , impose a sentence of imprisonment which is less than imprisonment for life . " , shall be substituted .
8. After section 273 of the principal Act , the following section shall be inserted , namely:- Insertion section 273 - A . of
273 -A . Sale of food or drink after the expiry of the food period.
Whoever sells , or offers or exposes for sale , any food or drink , which has been expired . knowing or having reason to believe that the same is expired food or drink , shall be punished with imprisonment of either desciption for a term which may extend to five years , or with fine which may extend to Rupees One Lakh , or with both .
Amendment of section 274.
9. In section 274 of the principal Act , for the words , coma and full stop, " 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 reupees , or with both . " , the words , coma , colon and full stop . "shall be punished with imprisonment for life and shall also be liable to fine:
Provided that the court may , for adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment , which is less than imprisonment for life. " , shall be substituted .
Amendment of section 275 .
10. In section 275 of the principal Act. for the words , coma and full stop . " 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. " , the words , coma, colon and full stop. "shall be punished with imprisonment for life and shall also be liable to fine;
Provided that the court may, for adequate and special reason to be mentioned in the judgment . impose a sentence of imprisonment which is less than imprisonment for life . " . shall be substituted.
Amendment of section 276.
11. In section 276 of the principal Act, for the words , coma and full stop . " 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 repees , or with both . " , the words , coma, colon and full stop , "shall be punished with imprisonment for life and shall also be laible to fine:
Provided that the court may , for adequate and special reason to be mentioned in the judgment . impose a sentence of imprisonment which is less than imprisonment for life . " , shall be substituted .
STATEMENT OF OBJECTS AND REASONS
Despite enforcement of various laws with regard to food and drugs from time to time, menace of adulteration in food anddrugs is writ large . Earlier Prevention of Food Adulteration Act , 1954 ( 37 of 1954 ) was enforced provided for minimum 6 month imprisonment in cases involving food adulteration . But the object of preventing food adulteration could not have been achieved . Thereafter, the Food and Safety Standards Act . 2006 (34 of 2006 ) came into force providing for heavy penalty in cases involving food aduleration, but it has been noticed that the provisions of the Act are not efficacious to prevent the menace of adulteration . In the state of Madhya Pradesh . particularly in Chambal and Malwa region adulterated milk and milk products are being manufactured at large scale . Samples taken of these food products have been found not only adulterated but prepared by using chemical and other products which is very hazardous to human life . Money involved in the trade encouraging criminal elements to remain engaged in the manufacturing of these adulterated food products and drugs .
2. In regard to the COVID - 19 Vaccines it has been reported by the Interpol that duplicate vaccines may be supplied in the market . Even the World Health Organisation has stated that the infection of COVID - 19 may have continuous effect . Therefore , it has become necessary to keep a strong check on the adulteration of midicines and vaccines of COVID - 19 in the State .
मध्यप्रदेश राजपत्र , दिनांक 12 मार्च 2021
286 (4)
3. In the Food and Safety Standard Act , 2006, the provision of imprisonment is only meant for unsafe food, whereas for adulteration the provision of fine is in existence .
4. In Sections 272 to 276 of the Indian Penal Code, 1860 (45 of 1860) there are penal provisions for the offence of adulteration of food and drugs which is very less . To have an effective control on the adulterers the provisions of imprisonment for a specific period is being proposed in section 273 of the Cr. P. C. It has become mandatory to prohibit the adulterers from supplying the adulterated food and medicine to the society as the cases of adulteration in the food and drugs are continuously increasing in the State of Madhya Pradesh . In the States like Odisha , Uttar Pradesh and West Bengal have already brought amendments in the Indian Penal Code , 1860 as well as the Code of Criminal Procedure , 1973. These States had introduced amendments way back in the year 1999, 1975 and 1973 and provided for life imprisonment against the adulterers in the State . In order to stop the adulteration of food and drugs in the State of Madhya Pradesh a local amendments is proposed in sections 272 to 276 as well as insertion of section 273 - A is proposed in the Indian Penal Code , 1860. Similarly, substitiution is proposed in section 357 - B of Cr . P. C. and sections 272 to 276 of the First Schedule of Cr. P. C. Section 273 - A is also inserted in the Cr . P. C. Therefore , suitable amendments are proposed in the Indian Penal Code , 1860 and Code of Criminal Procedure , 1973 .
5. Hence this Bill .
Bhopal
Dated the 2nd March , 2021
DR . NAROTTAM MISHRA Member- in -charge .
नियंत्रक, शासकीय मुद्रण तथा लेखन सामग्री , मध्यप्रदेश द्वारा शासकीय केन्द्रीय मुद्रणालय , भोपाल से मुद्रित तथा प्रकाशित- 2021 .