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L. A. BILL No. LXVII OF 2018.

A BILL

further to amend the Indian Penal Code and the Code of Criminal

Procedure, 1973, in their application to the State of Maharashtra.

WHEREAS, it is expedient further to amend the Indian Penal Code and the

Code of Criminal Procedure, 1973, in their application to the State of Maharashtra,

for the purposes hereinafter appearing; it is hereby enacted in the Sixty-ninth Year

of the Republic of India as follows :—

CHAPTER I

PRELIMINARY

This Act may be called the Indian Penal Code and the Code of Criminal

Procedure (Maharashtra Amendment) Act, 2018.

45 of

1860.

2 of

1974.

Short title.

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of

the Indian Penal Code and the Code of Criminal Procedure (Maharashtra Amendment) Bill, 2018

(L. A. Bill No. LXVII of 2018), introduced in the Maharashtra Legislative Assembly on the 20th November

2018, is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

—————————

RNI No. MAHENG / 2009 / 35528

(1)

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CHAPTER II

AMENDMENTS TO THE INDIAN PENAL CODE.

In section 272 of the Indian Penal Code, in its application to the State of

Maharashtra (hereinafter, in this Chapter, referred to as “the Penal Code”), for the

words “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 following shall be substituted, namely :—

“shall be punished with imprisonment for life and shall also be liable to

fine :

Provided that, the Court may, for adequate and special reasons to be

mentioned in the judgment, impose a sentence of imprisonment which is less

than imprisonment for life.”.

In section 273 of the Penal Code, for the words “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 following

shall be substituted, namely :—

“shall be punished with imprisonment for life and shall also be liable to

fine :

Provided that, the Court may, for adequate and special reasons to be

mentioned in the judgment, impose a sentence of imprisonment which is less

than imprisonment for life.”.

In section 274 of the Penal Code for the words “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 following

shall be substituted, namely:—

“shall be punished with imprisonment for life and shall also be liable to

fine :

Provided that the Court may, for adequate and special reasons to be

mentioned in the judgment, impose a sentence of imprisonment which is less

than imprisonment for life.”.

In section 275 of the Penal Code for the words “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 following

shall be substituted, namely :—

“shall be punished with imprisonment for life and shall also be liable to

fine :

Provided that, the Court may, for adequate and special reasons to be

mentioned in the judgment, impose a sentence of imprisonment which is less

than imprisonment for life.”.

In section 276 of the Penal Code for the words “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 following

shall be substituted, namely :—

“shall be punished with imprisonment for life and shall also be liable to

fine :

Provided that, the Court may, for adequate and special reasons to be

mentioned in the judgment, impose a sentence of imprisonment which is less

than imprisonment for life.”.

Amendment of

section 272 of

Act 45 of

1860.

45 of

1860.

Amendment of

section 273 of

Act 45 of

1860.

Amendment of

section 274 of

Act 45 of

1860.

Amendment of

section 275 of

Act 45 of

1860.

Amendment of

section 276 of

Act 45 of

1860.

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CHAPTER III

AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973.

In the First Schedule to the Code of Criminal Procedure, 1973, in its

application to the State of Maharashtra, under the heading “I-OFFENCES UNDER

THE INDIAN PENAL CODE”, for entries relating to sections 272, 273, 274, 275

and 276, the following entries shall be substituted, namely :—

“272. Adulterating food or drink

Imprison-

Cogni-

Non-

Court of

intended for sale, so as to

ment for

zable

bailable

Session.

make the same noxious.

life and fine.

273.

Selling any food or drink

Ditto

as food and drink, knowing

the same to be noxious.

274.

Adulterating any drug or

Ditto

medical preparation

intended for sale so as to

lessen its efficacy, or to

change its operation, or

to make it noxious.

275.

Offering for sale or issuing Ditto

Ditto

from a dispensary any drug

or medical preparation

known to have been

adulterated.

276.

Knowingly selling or issuing Ditto

Ditto

Ditto.”.

from a dispensary any drug

or medical preparation as

a different drug or medical

preparation.

Amendment of

First Schedule

to Act 2 of

1974.

2 of

1974.

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STATEMENT OF OBJECTS AND REASONS

The practice of adulteration in Milk and other food articles as well as drugs is

a serious threat to health of the public in general and is affecting the overall quality

of health of people.

Sections 272 to 276 of the Indian Penal Code (45 of 1860) provides for

offences relating to adulteration of food, drink, drug or medical preparations so as

to make it noxious and their sale. The said offences are punishable with

imprisonment of either description for a term which may extend to six months, or

fine which may extend to one thousand rupees, or with both.

The said offences are non-cognizable and except offence related to

adulterating any drug or medical preparation under section 274, the offences under

sections 272, 273, 275 and 276 are bailable.

Apart from the penal provisions of the Indian Penal Code, section 59 of

the Food Safety and Standards Act, 2006 (34 of 2006) (hereinafter referred to as

“the Food Safety Act”) also provides for different punishments, for offences such

as manufacturing for sale or storing or selling or distributing or importing any article

of food for human consumption which is unsafe, depending upon the gravity of

injury caused thereby. The maximum punishment provided under the said section

59 is imprisonment for life and such offences thereunder are cognizable under the

said Act.

Also, section 27 of the Drugs and Cosmetics Act, 1940 (23 of 1940) (hereinafter

referred to as “the Drugs Act”) provides punishment for manufacturing for sale or

distribution or for selling or storing or distributing any drug which is adulterated or

spurious. Under the said section 27 of the Drugs Act punishment of imprisonment

for a term from ten years to imprisonment for life and fine is provided and the offence

under said section 27 is cognizable.

Thus, there are drastic variations in punishments for the offences related

to adulteration of food and drugs with Indian Penal Code containing mildest

punishments of six months imprisonment or fine and the Food Act and the Drugs

Act containing stringent punishments of imprisonment for life.

It is also noticed that at many instances during the raids by Police, the offences

of the adulterated or unsafe food as well as adulterated or spurious drugs are

detected in respect of which First Information Report is registered under said

sections 272 to 276 of Indian Penal Code. In such cases, arrest or detention of

the accused is necessary for the purposes of adequate and effective investigation

and collection of evidence in time. Since the said offences under said sections of

Indian Penal Code are non-cognizable and bailable, the police as well as Food

Safety Officer and Drug Inspector are facing difficulties in investigation of the crimes

which are affecting health of the public at large. Therefore, there is an urgent need

for stringent punishments even for the said offences under the Indian Penal Code

that can equally act as a deterrent.

Hence, the Government considers it expedient to amend sections 272 to 276

of the Indian Penal Code and the First Schedule to the Criminal Procedure Code

for enhancing the punishments provided thereunder to imprisonment for life and

fine and to make the said offences cognizable and non-bailable, on the lines of the

amendments made by the State Governments of Odisha, Uttar Pradesh and West

Bengal.

The Bill seeks to achieve the above objectives.

Mumbai,

DEVENDRA FADNAVIS,

dated the 19th November 2018.

Chief Minister.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD,

PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF

GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR

SHRI MANOHAR SHANKAR GAIKWAD.