Directions: Read the passage carefully and answer the questions that follow.
Favouring a mandatory jail term and at least five-fold increase in the fine proposed under the Bharatiya Nyaya Sanhita Bill (BNS) for adulteration of food and drink intended for sale, a parliamentary panel is said to have recommended that it be made punishable with a minimum six months in jail, along with a minimum fine of Rs 25,000. Clause 272 of the BNS Bill, introduced in Lok Sabha in August, proposes up to six months in jail, or a maximum Rs 5,000 fine, or both, for adulterating food or drink, knowing that it is intended for sale.
Also finding as inadequate the 'imprisonment up to six months, or up to Rs 5,000 fine, or both' proposed in Clause 273 of the BNS Bill for whoever knowingly sells, offers or exposes for sale any article that has become noxious or unfit for food or drink, the panel is likely to suggest the punishment be raised to a minimum six months in jail, with a minimum fine of Rs 10,000. So under both the clauses, the panel is said to have asked for the maximum jail sentence to be made the minimum sentence. The fine is proposed to be in addition to the jail term.
Not only is the fine sought to be doubled for sale of noxious food items and raised five-fold for adulteration but the enhanced fines proposed by the panel shall be the minimum amount to be fined. In its draft report on the BNS Bill circulated to all MPs ahead of its adoption, the committee is believed to have impressed upon the need to make the penal provisions against adulteration of food and drink as also sale of food or drink items that are unfit to consume, more stringent, citing the serious health problems that can result from the consumption of adulterated or sale of noxious food or drinks, and which may affect the public at large.
During deliberations, a near unanimous view emerged that consumption of noxious and adulterated food leads to adverse health consequences and can be fatal. Domain experts also submitted before the panel that most of the cases under the Prevention of Food Adulteration Act, 1954 are acquitted because of procedural lapses in sample collection, etc.
Though the parliamentary standing committee had met on Friday to consider and adopt the reports on BNS, the Bharatiya Nagarik Suraksha Bill and the Bharatiya Sakshya Bill, the adoption of the reports was deferred on account of protests raised MPs from the opposition parties.The government is keen to introduce the three laws in Parliament in the winter session.
[Excerpt from Times of India“Raise jail term for food adulteration: Panel” Dated 28/11/23]
Q1: What is the minimum imprisonment suggested by the committee for selling adulterated food?
(a) 3 months
(b) 6 months
(c) 1 year
(d) 2 years
Ans: (b) 6 months
Sol: The committee has suggested a minimum imprisonment of six months for individuals selling adulterated food or drinks.
Q2: What is the minimum fine proposed for selling adulterated food?
(a) Rs 10,000
(b) Rs 15,000
(c) Rs 25,000
(d) Rs 5,000
Ans: (c) Rs 25,000
Sol: The suggested minimum fine for selling adulterated food or drinks is Rs 25,000.
Q3: What is the current punishment under IPC Section 272 for food adulteration?
(a) Up to 1 year in jail
(b) Up to 6 months in jail or a fine of Rs 1,000
(c) A fine of Rs 10,000
(d) 2 years in jail
Ans: (b) Up to 6 months in jail or a fine of Rs 1,000
Sol: IPC Section 272 currently prescribes a punishment of up to six months in jail, or a fine up to Rs 1,000, or both, for the offence of food adulteration.
Q4: Who led the committee proposing the new measures?
(a) Derek O’Brien
(b) Brij Lal
(c) A member of the Trinamool Congress
(d) A member of the Indian National Congress
Ans: (b) Brij Lal
Sol: The committee proposing the new measures was led by Bharatiya Janata Party (BJP) MP Brij Lal.
Q5: What does the committee propose for the offence of “sale of noxious food and drinks”?
(a) A fine of Rs 25,000
(b) A sentence of one year
(c) A minimum sentence of six months and a fine of Rs 10,000
(d) Community service
Ans: (c) A minimum sentence of six months and a fine of Rs 10,000
Sol: For the offence of “sale of noxious food and drinks,” the committee proposed a minimum sentence of six months and a minimum fine of Rs 10,000.
Q6: What was a notable cause for acquittals under the Prevention of Food Adulteration Act, 1954?
(a) Lack of evidence
(b) Corruption
(c) Procedural lapses in sample collection
(d) Ambiguity in law
Ans: (c) Procedural lapses in sample collection
Sol: Many cases under the Prevention of Food Adulteration Act, 1954, resulted in acquittals due to procedural lapses in sample collection.
Q7: What do the new proposed laws seek to replace?
(a) The Prevention of Food Adulteration Act
(b) The Consumer Protection Act
(c) The Code of Criminal Procedure Act of 1898 and others
(d) The Food Safety and Standards Act
Ans: (c) The Code of Criminal Procedure Act of 1898 and others
Sol: The proposed laws seek to replace the Code of Criminal Procedure Act of 1898, the Indian Penal Code of 1860, and the Indian Evidence Act of 1872.
Q8: Which member of the opposition expressed concerns over the limited modifications in the new Bills?
(a) Brij Lal
(b) A BJP MP
(c) Derek O’Brien
(d) A member of the Indian National Congress
Ans: (c) Derek O’Brien
Sol: Derek O’Brien from the Trinamool Congress expressed concerns over the limited modifications to the existing criminal law in the new Bills.
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