Indian criminal law | IPC Section 275 and BNS Section 277
IPC Section 275: Sale of Adulterated Drugs - Definition, Punishment and Current BNS Law
Section 275 of the Indian Penal Code, 1860 (IPC) punished the knowing sale, offering or dispensing of an adulterated drug as though it were unadulterated. From 1 July 2024, the corresponding central criminal-law provision is Section 277 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Separate and potentially more serious requirements and penalties can arise under the Drugs and Cosmetics Act, 1940.
Former law: IPC Section 275. Current law: BNS Section 277. Conduct: knowingly selling, offering, exposing, dispensing or causing use of adulterated medicines in the circumstances specified by law. IPC penalty: imprisonment up to six months, or fine up to Rs 1,000, or both. BNS penalty: imprisonment up to six months, or fine up to Rs 5,000, or both.
What did IPC Section 275 provide?
Section 275 applied where a person, knowing that a drug or medical preparation had been adulterated so as to lessen its efficacy, change its operation or make it noxious, did any of the following:
- Sold it, or offered or exposed it for sale, as unadulterated.
- Issued it from a dispensary for medicinal purposes as unadulterated.
- Caused another person who did not know of the adulteration to use it for medicinal purposes.
The statutory punishment under the general IPC provision was imprisonment of either description for a term extending to six months, or a fine extending to Rs 1,000, or both. The exact charge in a historical case depends on the facts and applicable law.
Current law: BNS Section 277 - sale of adulterated drugs
Section 277 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 275. It addresses the knowing sale, offer, exposure for sale, dispensing or use of an adulterated drug or medical preparation as unadulterated, in the circumstances described in the provision. The central statutory penalty is imprisonment of either description for up to six months, or a fine up to Rs 5,000, or both.
The BNS commenced on 1 July 2024. Its repeal-and-savings provision, Section 358, is relevant to conduct and proceedings arising before commencement. The new section number should not automatically be substituted in a case concerning an earlier incident.
Essential ingredients of the offence
- Drug or medical preparation: the article must be a drug or medicinal preparation within the meaning of the penal provision.
- Relevant adulteration: the adulteration must lessen efficacy, change the drug's operation or make it noxious.
- Knowledge: the accused must know of that adulteration; mere suspicion or a dispensing error does not, without more, prove this particular mental element.
- Prohibited dealing or use: the person must sell, offer, expose for sale, issue from a dispensary as unadulterated, or cause use by a person unaware of the adulteration, as covered by the section.
Evidence may include purchase and dispensing records, batch details, laboratory reports, packaging, communications and witness testimony. Whether an offence is established is decided on the evidence and the relevant statutory requirements.
IPC Section 275 vs BNS Section 277: punishment
| Issue | IPC Section 275 (former) | BNS Section 277 (current) |
|---|---|---|
| Subject | Sale of adulterated drugs | Sale of adulterated drugs |
| Maximum imprisonment | Six months | Six months |
| Maximum fine | Rs 1,000 | Rs 5,000 |
| Available punishment | Imprisonment, fine, or both | Imprisonment, fine, or both |
Important: these are the penalties under the cited general penal-code sections. The Drugs and Cosmetics Act, 1940 may independently prescribe substantially different penalties for offences established under that Act, depending on the classification of the drug, the violation and the consequences.
Examples of conduct that may attract the provision
Knowingly selling an adulterated medicine
A trader learns that a batch of medicine has been adulterated in a manner reducing its efficacy but continues selling it as genuine and unadulterated. If the statutory facts and knowledge are proved, the provision may apply.
Dispensing an adulterated preparation
A dispensary operator knowingly issues an adulterated medical preparation for treatment while representing it as unadulterated. Liability depends on proof of the adulteration, the operator's knowledge and the statutory act.
Causing an unaware patient to use it
A person who knows of a preparation's relevant adulteration causes a patient unaware of that fact to use it for a medicinal purpose. The statutory conditions must be assessed on the evidence.
Difference between adulteration and sale of adulterated drugs
IPC Section 274 / BNS Section 276 addresses the act of adulterating a drug or medical preparation with the requisite intent or knowledge regarding medicinal sale or use. IPC Section 275 / BNS Section 277 addresses knowingly dealing in or causing use of an already adulterated drug in the manner specified. One factual transaction may require examination of more than one provision, but their elements are distinct.
Drugs and Cosmetics Act, 1940: special statutory framework
The Drugs and Cosmetics Act, 1940 and applicable rules regulate drug standards, manufacture, sale and distribution. Relevant provisions include:
- Section 17A: describes when a drug is deemed to be adulterated for purposes of that Act. This statutory definition should not be confused with the specific elements of BNS Section 277.
- Section 18: prohibits specified manufacture, sale, stocking, exhibition, offering for sale and distribution of drugs or cosmetics contrary to the Act, subject to its terms.
- Section 27: sets penalties for specified contraventions concerning drugs; the applicable clause and punishment depend on the proved violation.
- Section 32: governs cognizance of offences under the Act, including who may institute prosecutions in the circumstances stated.
Because the special Act has its own definitions, procedures and sanctions, it is essential to identify the exact statutory charge instead of assuming that every adulterated-drug case carries only the six-month BNS maximum.
How to report suspected adulterated medicines
Preserve the medicine, packaging, batch number, bill and any communications. Avoid using a medicine suspected to be unsafe, and seek qualified medical advice where necessary. Complaints may be made to the appropriate State Drugs Control authority or other competent regulator. Investigations, sampling and prosecution must follow the applicable legal process; a private suspicion alone is not a finding of criminal guilt.
Frequently asked questions
Which BNS section corresponds to IPC Section 275?
BNS Section 277 corresponds to the former IPC Section 275 concerning sale of adulterated drugs.
What is the punishment under BNS Section 277?
Imprisonment of either description for up to six months, or a fine up to Rs 5,000, or both, subject to the precise charge and applicable law.
Is knowledge of adulteration required?
Yes. The provision expressly concerns a person knowing that the drug or medical preparation has undergone the specified adulteration. Other statutes may use different elements and standards.
Is actual injury to a patient necessary?
The section addresses specified knowing sale, dispensing or causation of use; it does not expressly require proof that a patient suffered actual bodily injury. Any separate harm may be relevant under other laws and charges.
Can the Drugs and Cosmetics Act also apply?
Yes, depending on the facts. It establishes a separate statutory framework for adulterated, spurious, misbranded and other non-compliant drugs, with its own offences and penalties.
Does the IPC apply to an incident before 1 July 2024?
Earlier conduct must be assessed under the applicable law and the relevant repeal-and-savings provisions, including BNS Section 358. The date and procedural history matter.
Official legislation and related articles
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 276, 277 and 358).
- India Code - Government of India legislation portal (IPC and Drugs and Cosmetics Act, 1940).
- Central Drugs Standard Control Organisation (CDSCO) - drug regulation and official resources.
- IPC Section 274 - Adulteration of drugs.
- IPC Section 276 - Sale of a drug as a different drug.
- Indian Penal Code - sections and punishments.
Last reviewed: 30 October 2026. This article is general legal information, not a substitute for advice on a particular case. Consult current statutory texts, notifications and the competent regulator.