IPC Section 273
IPC Section 273 – Sale of noxious food or drink
Text of Section 273 (in simple terms):
Whoever sells, lets to hire, or otherwise disposes of any food or drink which is noxious (i.e., harmful to health), knowing or having reason to believe it is harmful, shall be punished.
Key Elements of Section 273
Actus Reus (The act):
The person must sell, hire, or distribute any food or drink.
This includes:
Selling in shops, markets, or fairs.
Letting it on hire (e.g., renting a food stall or supplying contaminated drinks).
Any form of disposal of harmful food/drink.
Noxious Substance:
The food or drink must be injurious to health.
Examples:
Contaminated milk or water.
Food with poisonous additives.
Drinks with harmful chemicals.
Knowledge or Reason to Believe:
The seller must know or have reason to believe that the food/drink is harmful.
Mere ignorance is not enough to punish someone.
“Reason to believe” means a reasonable person in the same circumstances would suspect the food/drink was harmful.
Mens Rea (Intention):
Section 273 requires mens rea (guilty mind).
The person must intentionally or negligently supply harmful food, knowing it may injure health.
Punishment:
Imprisonment for up to 6 months, or
Fine, or
Both, depending on the court’s discretion.
Example Scenarios
Scenario 1 – Contaminated milk:
A milk seller knowingly sells milk mixed with detergent to increase quantity.
If someone gets sick, the seller is liable under Section 273.
Scenario 2 – Expired food:
A shopkeeper sells food past its expiry date, knowing it is unsafe.
This falls under Section 273.
Scenario 3 – Accidental contamination:
If the seller had no knowledge and no reason to suspect that the food was harmful, Section 273 may not apply.
However, other sections (like negligence) may still apply.
Key Points to Remember
Applies only to food or drink – not medicines or other products.
Knowledge matters – must be aware or reasonably suspect harmful nature.
Purpose: To protect public health and prevent sellers from endangering consumers.
In short, IPC Section 273 punishes anyone who knowingly sells or distributes food or drink that is harmful to health, safeguarding public safety and health.
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