IPC Section 273 and BNS Section 275: Sale of Noxious Food or Drink
Section 273 of the Indian Penal Code, 1860 addressed selling, offering or exposing for sale food or drink that was noxious or unfit for consumption, with knowledge or reason to believe that it was unsafe. The corresponding current criminal provision is Section 275 of the Bharatiya Nyaya Sanhita, 2023.
What did IPC Section 273 provide?
Section 273 of the Indian Penal Code, 1860, titled Sale of noxious food or drink, stated:
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 one thousand rupees, or with both.
The historical offence applied not only to a completed sale but also to offering or exposing an unsafe article for sale as food or drink. The prosecution had to establish the condition of the article and the requisite knowledge or reason to believe.
Essential ingredients of the offence
- Food or drink: the article is offered in a form intended for human consumption as food or drink.
- Unsafe condition: it has become or been rendered noxious, or is otherwise in a state unfit for food or drink.
- Sale-related conduct: the accused sells, offers for sale or exposes the article for sale.
- Knowledge or reason to believe: the accused knows or has reason to believe that the article is noxious or unfit.
Noxious in this context means harmful or injurious as food or drink. Whether an article is unsafe depends on its condition and the evidence, including inspection and laboratory analysis where appropriate. An allegation alone does not prove the offence.
Unlike IPC Section 272, which addressed adulterating food or drink so as to make it noxious with the requisite sale-related intention or knowledge, Section 273 focused on the sale or offering for sale of an article already noxious or unfit.
Current law: BNS Section 275
Section 275 of the Bharatiya Nyaya Sanhita, 2023 is titled Sale of noxious food or drink. It addresses selling, offering or exposing for sale an article as food or drink when it is noxious or unfit for consumption, with the required knowledge or reason to believe.
Punishment under BNS Section 275: imprisonment of either description for up to six months, or a fine of up to Rs. 5,000, or both. The general IPC Section 273 text prescribed the same maximum imprisonment but a fine of up to Rs. 1,000. Check any applicable state amendments and special-law provisions for the relevant date and jurisdiction.
| Issue | Former IPC Section 273 | Current BNS Section 275 |
|---|---|---|
| Conduct | Sale, offer or exposure for sale of noxious or unfit food or drink | Corresponding offence |
| Maximum imprisonment | Six months | Six months |
| Maximum fine under central text | Rs. 1,000 | Rs. 5,000 |
| Alternative sentence | Imprisonment, fine or both | Imprisonment, fine or both |
The BNS generally governs acts committed on or after 1 July 2024. The IPC may remain relevant to earlier acts under applicable savings, including BNS Section 358.
How does the Food Safety and Standards Act, 2006 apply?
The Food Safety and Standards Act, 2006 (FSS Act) provides a broader regulatory framework for food safety, food business operators, sampling, inspection and enforcement. Its definition of unsafe food appears in Section 3(1)(zz); the statutory definition covers food whose nature, substance or quality is affected so as to render it injurious to health in specified ways.
Section 26 sets out responsibilities of food business operators, while Section 59 provides punishment for unsafe food, with consequences depending on the harm caused and the facts. Regulatory violations and criminal allegations must be assessed under the specific statute and applicable procedure. The penalties under the FSS Act should not be confused with the six-month maximum under BNS Section 275.
Food businesses should also consider the Food Safety and Standards Rules and regulations and any applicable licensing, hygiene, labelling, recall and storage obligations. Consult the Food Safety and Standards Authority of India (FSSAI) for regulatory information and the India Code for statutory text.
Practical illustrations
Selling visibly spoiled food
A vendor knowingly offers spoiled food that has become unsafe for consumption. If the necessary facts and mental element are proved, the conduct may attract BNS Section 275 and potentially applicable food safety provisions.
Offering contaminated beverages
A seller has credible information that a beverage batch is contaminated but continues displaying it for sale. The offer or exposure for sale may be relevant even if no customer ultimately purchases the product.
Unforeseeable contamination
A properly stored sealed product is contaminated in a way the seller neither knows nor has reason to believe. The knowledge element of BNS Section 275 may not be established on those facts alone, although separate food safety duties and liability rules may still apply.
Frequently asked questions
Which BNS section replaces IPC Section 273?
BNS Section 275 corresponds to the former offence of sale of noxious food or drink.
What is the maximum punishment under BNS Section 275?
Imprisonment of either description for up to six months, or a fine of up to Rs. 5,000, or both.
Must the unsafe food actually be sold?
No. The wording also covers offering or exposing such an article for sale, subject to the other statutory elements.
Is accidental sale automatically a criminal offence?
Not necessarily under this provision. Knowledge or reason to believe the article was noxious or unfit must be considered. Separate regulatory liability may arise under food safety law.
What is the difference between IPC Sections 272 and 273?
Section 272 addressed adulteration making food or drink noxious with the relevant intention or knowledge; Section 273 addressed selling or offering food or drink that is noxious or unfit. Their current BNS counterparts are Sections 274 and 275, respectively.
Does the IPC still apply after 1 July 2024?
The BNS generally applies to offences committed from its commencement. The former IPC remains relevant to earlier conduct subject to statutory repeal and savings provisions.
Official legislation and further reading
- Bharatiya Nyaya Sanhita, 2023 (official India Code PDF): Sections 274, 275 and 358
- India Code: Indian Penal Code, 1860 and Food Safety and Standards Act, 2006
- Food Safety and Standards Authority of India: rules, regulations and guidance
- Indian Penal Code: historical sections and punishments
- IPC Section 272: Adulteration of food or drink intended for sale
This page is general legal information, not advice on any particular allegation. The law applicable to a case depends on the date, jurisdiction, evidence and any governing special legislation.