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Tough punishment awaits food adulterators, Law Commission proposes life imprisonment for offenders

Govt plans to increase jail term for offenders from 6 months to life imprisonment

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An unprecedented and exemplary punishment may be slapped on food adulterators. According to sources, the Law Commission of India has proposed increasing punishment of those adulterating food substances from the existing six months to life imprisonment.

The commission has prepared a detailed report on amending the Indian Penal Code (IPC). The panel has also decided to increase the fines for such offenders from the existing Rs 1,000 to Rs 10 lakh.

The commission, which has proposed amendments to Section 272 (adulteration of food and drinks) and 273 (sale of noxious food or drinks) of the IPC, is likely to submit its report to the government in two weeks.

The details of the report were finalised by the commission on Thursday at a high-level meeting, sources told DNA. The government is also mulling over constituting special courts for speedy disposal of food adulteration cases, sources added.

While making the proposal for harsher punishment, the commission has laid emphasis on the amendments to food adulteration laws by states like Uttar Pradesh, Odisha and West Bengal. The three states have already made food adulteration punishable with life imprisonment. In its report, the commission is learnt to have stated that the Centre needs to follow the footsteps of these states and make life term the maximum punishment for adulterators throughout the country.

Apart from increasing the jail term and fines, the panel has also proposed compensation for victims of food adulteration. Under the proposed amendments, food adulteration has been categorised into four, with different punishments for different categories.

While the minimum punishment is six months if no injury is caused, the maximum is life imprisonment, if adulterated food causes the death of a person. The convict will also be liable to pay a fine of Rs 10 lakh in case of death due to adulteration. If adulterated substance causes non-grievous injury, the adulterators would have to serve a 1-year jail term and cough up a fine of Rs 3 lakh. For grievous injury due to adulterated food, offenders will get up to six years in prison and a fine of up to Rs 5 lakh.

Last year, the government had asked the Law Commission to examine the laws on food adulteration after the Supreme Court passed an order favouring stringent punishment. In August 2016, the apex court had said that it was high time that the Centre amends the IPC to make the punishment deterrent. Commenting on the development, a senior Law Commission official said: "The IPC came into being in 1860 when India did not have any food industry but as India got a flourishing food industry, incidents of food adulteration also increased. The laws on food adulteration became outdated with time, and therefore, amendments are required."

According to a 2011 report of Food Safety and Standards Authority of India (FSSAI), over 68 per cent milk sold in the country is adulterated. The report, also considered by the SC, stated the situation was worst in Bihar, Chhattisgarh, Odisha, West Bengal, Mizoram, Jharkhand and Daman and Diu, where milk adulteration was found up to 100 per cent.

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