Kathmandu, August 17

The Criminal Code Act, which came into effect today, stipulates harsher punishment against the sale and distribution of expired medicines.

“If a person sells or distributes expired drugs, he/she shall be imprisoned for a period not exceeding one year and handed a fine of up to Rs 10,000,” Section 236 of the act states. No pharmacist is allowed to sell another medicine in place of the prescribed one. In such a case, the guilty shall face a jail term of maximum two years, or a fine of up to Rs 20,000, or both.  Likewise, Section 235 of the act prohibits sale or distribution of any medicine, pesticide or hazardous drugs without prescription. The quantum of punishment for this offence shall be an imprisonment of maximum two years, or a fine of up to Rs 20,000, or both. The act also incriminates any act of adulterating medicine and selling a non-medicinal substance calling it to be a medicine.

“If a person dies due to intake of adulterated or fake medicine, it shall be treated as equal to murder and the guilty shall be imprisoned for life. In case the person taking such medicine or substance is maimed, the guilty shall be sentenced to up to 10 years in jail along with a fine not exceeding

Rs 100,000,” the act states.

Section 238 of the penal code forbids a pathology lab from providing anyone with falsified report of blood, urine, stool or saliva. The person committing such offence shall be sentenced to up to three years in jail, along with a fine not exceeding Rs 30,000.

If a person dies and is maimed after receiving treatment on the basis of the false report provided by the lab or technician, it shall be considered a murder.