Is it a crime to brew fake liquor in India?
Yes, making fake liquor is a crime in India. The manufacture, distribution and sale of illegal or counterfeit liquor can lead to severe legal consequences. The manufacture and sale of counterfeit liquor is a violation of several laws and regulations.
Indian Penal Code (IPC) :
Sections 272 and 273 of the IPC deal with the adulteration of food or drink intended for sale, and the sale of such adulterated food or drink, respectively. These sections can be applied to cases involving fake or adulterated liquor.
The Indian Penal Code has now been amended and replaced by the Bharatiya Nyaya Sanhita (BNS). Now This offense is punishable under Section 274 of Bharatiya Nyaya Sanhita and Section 275 of Bharatiya Nyaya Sanhita.
The Bharatiya Nyaya Sanhita (BNS) is a new law that replaced the Indian Penal Code (IPC) on July 1, 2024. The BNS is part of a set of three new criminal laws that also include the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA). The BNSS replaced the Criminal Procedure Code (CrPC), and the BSA replaced the Indian Evidence Act (IEA).
Section 274 of Bharatiya Nyaya Sanhita talks about Adulteration of food or drink intended for sale.
Section 274 of BNS is part of CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS in Bharatiya Nyaya Sanhita 2023 Act.
Definition of Section 274 BNS :
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 five thousand rupees, or with both.
Food adulteration is the process of contaminating food by mixing it with cheaper ingredients that can be edible or non-edible. These adulterants can lower the quality of food, making it unfit for consumption.
Section 275 BNS or Section 275 of Bharatiya Nyaya Sanhita talks about Sale of noxious food or drink.
Section 275 of BNS is part of CHAPTER XV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS in Bharatiya Nyaya Sanhita 2023 Act
Definition of Section 275 BNS :
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 five thousand rupees, or with both.
Excise Laws :
Each state in India has its own excise laws and regulations governing the production, distribution, and sale of alcohol. Manufacturing liquor without the necessary licenses and permits is illegal under these laws. Penalties can include fines, imprisonment, and the confiscation of equipment and property used in the illegal activities.
The Drugs and Cosmetics Act, 1940 :
If fake liquor contains harmful or toxic substances, the act can be invoked to penalize those involved in its production and sale.
Consumer Protection Act, 2019 :
This act provides for the protection of consumer rights and can be used to address issues related to the sale of fake or substandard liquor.
Brewing fake liquor is not only a legal offense but also poses significant health risks, including poisoning and death, due to the potential use of toxic substances in the production process. The Indian authorities regularly conduct raids and enforcement actions to combat the illegal liquor trade and protect public health.
