Section 277 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 277 of the Bharatiya Nyaya Sanhita (BNS), 2023:
📜 Section 277 – Sale of Adulterated Drugs
Offence Defined:
This provision criminalizes the act of knowingly selling, offering, exposing for sale, issuing from a dispensary for medical purposes, or causing use of any drug or medical preparation that has been adulterated in a manner that:
Lessens its efficacy,
Alters its intended operation, or
Makes it noxious (harmful/toxic),
while presenting it as unadulterated to someone unaware of the adulteration
⚖️ Punishment
Imprisonment: Up to 6 months (simple or rigorous)
Fine: Up to ₹5,000
Or both
🧭 Legal Characteristics
Non-Cognizable: Police require a warrant to arrest
Bailable: The accused has a right to bail
Triable By: Any Magistrate
✅ Key Elements
Knowledge: The offender knows the drug is adulterated.
Act: Involves selling, offering for sale, issuing for medicinal purposes, or causing its use.
Presentation: The adulterated drug is represented as unadulterated to the consumer.
Effect of Adulteration: It must reduce efficacy, change operation, or render the drug harmful.
🏛️ Context in BNS
Falls under Chapter XV: Offences affecting public health, safety, convenience, decency, and morals
It parallels and modernizes the IPC’s Section 275 dealing with adulterated drugs and food, with updated punishment and clarity
⚠️ Example
A pharmacist dilutes a medicinal syrup to increase profit, reducing its therapeutic effect—if they knowingly sell it as “genuine,” they are punishable under Section 277.
📋 Quick Reference Table
| Feature | Details |
|---|---|
| Offence | Selling/adulterating drugs knowingly |
| Max Imprisonment | 6 months |
| Max Fine | ₹5,000 |
| Nature of Arrest | Non-cognizable (warrant needed) |
| Bail Status | Bailable |
| Trial Court | Any Magistrate |
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