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 (devgan.in).
⚖️ Punishment
Imprisonment: Up to 6 months (simple or rigorous)
Fine: Up to ₹5,000
Or both (lawrato.com, devgan.in)
🧭 Legal Characteristics
Non-Cognizable: Police require a warrant to arrest (lawrato.com)
Bailable: The accused has a right to bail (lawrato.com)
Triable By: Any Magistrate (lawrato.com)
✅ 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 (nyayasanhita.schoolnxg.com, devgan.in).
It parallels and modernizes the IPC’s Section 275 dealing with adulterated drugs and food, with updated punishment and clarity (bprd.nic.in).
⚠️ 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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