Indian criminal law | Food safety | IPC 273 and BNS 275
IPC Section 273: Sale of Noxious Food or Drink - Current BNS Section 275
Section 273 of the Indian Penal Code, 1860 (IPC) addressed selling, offering or exposing for sale food or drink that is noxious or unfit for consumption, with knowledge or reason to believe that it is noxious. Since 1 July 2024, the corresponding central criminal provision is Section 275 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Former law: IPC Section 273. Current law: BNS Section 275. Maximum central-law punishment under BNS 275: imprisonment of either description up to six months, or fine up to Rs 5,000, or both. Special food-safety legislation and applicable state amendments may also matter.
What did IPC Section 273 provide?
IPC Section 273 punished a person who sold, offered or exposed for sale as food or drink an article that had been rendered or become noxious, or was in a condition unfit for consumption, knowing or having reason to believe that it was noxious as food or drink. Under the unamended central IPC text, the penalty was imprisonment of either description for up to six months, or a fine up to Rs 1,000, or both.
The provision did not require that a purchaser actually consume the article: offering or exposing it for sale could be sufficient where the remaining statutory elements were established.
Current law: BNS Section 275 - Sale of noxious food or drink
Section 275 of the Bharatiya Nyaya Sanhita, 2023 addresses the sale, offer for sale or exposure for sale of food or drink that is noxious or unfit for consumption, with the required knowledge or reason to believe. Its punishment is imprisonment of either description for a term that may extend to six months, or fine that may extend to Rs 5,000, or both.
The BNS replaced the IPC for offences governed by the new law from 1 July 2024, subject to the repeal-and-savings provisions in BNS Section 358. Conduct predating commencement and proceedings already underway require consideration of the applicable savings rules.
Essential ingredients of the offence
- Food or drink: the article must be represented or dealt with as an item for consumption.
- Noxious or unfit condition: it has become harmful or unsuitable for food or drink, as established on the evidence.
- 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 as food or drink. Mere suspicion is not a substitute for proving the statutory mental element.
Meaning of key legal expressions
What is noxious food or drink?
Noxious ordinarily means harmful or injurious to health. A product may be rendered noxious through contamination or deterioration; whether a particular article meets the legal test depends on facts and evidence, including laboratory results where appropriate.
What does exposed for sale mean?
It refers to making an article available or displaying it for purchase. The offence can therefore concern the marketing of unfit food even if a completed purchase is not proved.
What does reason to believe mean?
The expression concerns circumstances giving sufficient cause to believe a fact, rather than a purely speculative possibility. Evidence may include visible spoilage, warnings, handling records or other facts relevant to the seller's state of knowledge.
Punishment: IPC Section 273 versus BNS Section 275
| Provision | Maximum imprisonment | Maximum fine under central text |
|---|---|---|
| IPC Section 273 (former) | Six months, either description | Rs 1,000 |
| BNS Section 275 (current) | Six months, either description | Rs 5,000 |
Both provisions allow imprisonment, fine or both. The precise consequences of an alleged offence may be affected by applicable state legislation or amendments, special food-safety laws and the facts of the case.
Examples of conduct that may attract the provision
Offering visibly spoiled food for sale
A seller who offers spoiled food despite circumstances showing knowledge of its harmful condition may face scrutiny under BNS Section 275. The prosecution must prove the statutory elements, not merely poor presentation.
Selling contaminated beverages
Offering a drink known to be contaminated and unfit for consumption may fall within the provision. Laboratory findings, handling records and witness testimony may be relevant.
Expired products
An expiry date alone does not automatically establish every element of BNS Section 275. The article's condition, applicable food-safety standards and the seller's knowledge or reason to believe must be considered. Regulatory offences under food-safety law may have different requirements.
Food Safety and Standards Act, 2006: a separate legal framework
The Food Safety and Standards Act, 2006 (FSS Act) regulates food businesses and food safety. Its provisions distinguish, among other things, unsafe food, sub-standard food and misbranded food. The applicable penalties depend on the precise violation, the relevant statutory section and whether injury or death resulted.
Section 59 of the FSS Act deals with punishment for unsafe food, with different consequences depending on harm. Section 26 sets out responsibilities of food business operators. These are distinct from the ingredients of BNS Section 275; one should not assume the same proof or punishment applies under both statutes.
For the operative definitions and penalties, consult the India Code legislation portal and the Food Safety and Standards Authority of India (FSSAI). Whether multiple provisions can be invoked in a particular matter requires a case-specific legal analysis.
IPC Section 272 compared with IPC Section 273
IPC Section 272 (now broadly corresponding to BNS Section 274) concerns adulterating food or drink so as to make it noxious, with intent or knowledge concerning sale. IPC Section 273 (now BNS Section 275) concerns selling, offering or exposing for sale noxious or unfit food or drink with the required knowledge. The conduct and elements are different, though the facts may overlap.
Evidence and practical legal considerations
Relevant material can include invoices, packaging, batch details, dates, photographs, customer complaints, inspection records, properly collected samples, laboratory reports and testimony. Evidence should be preserved lawfully, and complaints concerning food businesses may be made to the competent food-safety authority. Criminal liability is determined through the applicable legal process.
Case law and judicial interpretation
Judicial decisions on food adulteration and unsafe food must be read in the context of the specific legislation, charges, evidence and applicable dates. A decision concerning the former Prevention of Food Adulteration Act or a state-amended IPC provision should not automatically be treated as interpreting BNS Section 275. For judgments, consult the Supreme Court of India and eCourts judgments portal.
Frequently asked questions
Which BNS section corresponds to IPC Section 273?
BNS Section 275 is the corresponding central provision for sale of noxious food or drink.
What is the punishment under BNS Section 275?
Imprisonment of either description for up to six months, or fine up to Rs 5,000, or both, under the central BNS text.
Must someone become ill before an offence is committed?
No. The provision covers selling, offering or exposing for sale qualifying food or drink, subject to proof of the other statutory elements. Actual illness is not expressly required.
Does every food-safety violation amount to a BNS Section 275 offence?
No. Regulatory violations under the FSS Act may have different elements. BNS Section 275 requires proof of noxious or unfit food or drink, sale-related conduct and the prescribed knowledge or reason to believe.
Can an older IPC Section 273 case still proceed?
Potentially, subject to the repeal-and-savings framework and other applicable law. The date of the alleged conduct and procedural posture are important.
Official law and related reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 274, 275 and 358).
- India Code - central legislation and amendments (IPC, BNS and Food Safety and Standards Act).
- FSSAI - food-safety law, regulations and guidance.
- IPC Section 272 - Adulteration of food or drink intended for sale.
- Important IPC sections, offences and punishments.
- Indian Penal Code - case laws and citations.
Last reviewed: 30 October 2026. This article is general legal information. Verify the latest official text and any applicable state amendments before relying on it for a specific case.