In a country where food is worshipped as divine, selling harmful or toxic food is a serious offence. The Bharatiya Nyaya Sanhita 2023 takes this issue head-on under BNS Section 275, titled “Sale of noxious food or drink.”
This provision is designed to protect public health and hold sellers accountable for putting consumers at risk.
Let’s dive into the key aspects of BNS Section 275 Sale of noxious food or drink, along with important case laws and consequences.
What is BNS Section 275 Sale of Noxious Food or Drink?
Section 275 of the Bharatiya Nyaya Sanhita, 2023, penalizes any person who knowingly sells or offers for sale any noxious food or drink intended for human consumption.
The word “noxious” means anything harmful, dangerous, or injurious to health.
So, if a vendor or manufacturer knows that food is unsafe or toxic and still sells it, they can be prosecuted under this section.
Punishment under BNS Section 275 Sale of Noxious Food or Drink
The law imposes the following punishment for the offence:
- Imprisonment up to 6 months, or
- Fine up to ₹10,000, or
- Both.
This ensures that food vendors, shopkeepers, and manufacturers take quality and hygiene seriously.
Short Note on BNS Section 275 Sale of Noxious Food or Drink
- It applies to all kinds of food and drink meant for human consumption.
- The offence must involve knowledge and intention.
- It targets those who knowingly risk public health for profit.
- This section also supports the provisions of the Food Safety and Standards Act, 2006.
Why This Law Matters Today
In recent years, cases of food adulteration, toxic preservatives, and unsafe street food have increased.
From colored sweets made with industrial dyes to expired packaged food sold at discounts, there are countless examples where food becomes a health hazard.
BNS Section 275 addresses these growing issues and promotes consumer safety by holding offenders legally accountable.
BNS Section 275 Sale of Noxious Food or Drink: Real-Life Case Laws on Sale of Noxious Food
Let’s look at some important case laws that help us understand how courts interpret and apply this law.
1. State of Maharashtra v. Prabhakar Vithal Gawde (1996)
A vendor was caught selling sweets with non-edible synthetic colors. Lab tests confirmed the sweets were hazardous.
The court held him guilty, stressing that public safety must always come before personal profit.
2. Municipal Corporation of Delhi v. Kacheroo Mal (1976)
This case involved mixing water in milk. Though the act seemed minor, the court ruled it a serious offence under food laws.
The reasoning was simple—tampering with food quality can endanger lives.
3. Prem Chand v. State (1984)
Here, expired soft drinks were sold knowingly. Consumers fell sick. The court ruled it as sale of noxious drink, and the seller was punished under relevant sections of law.
These cases reinforce that knowingly compromising food safety is a criminal act, not just a regulatory violation.
Elements Required for Prosecution
To successfully prosecute under BNS Section 275 Sale of noxious food or drink, the following elements must be proved:
- The accused sold or offered for sale food or drink.
- The substance was noxious (harmful or injurious to health).
- The seller knew that the food was harmful.
- It was intended for human consumption.
Courts often rely on lab tests, prior warnings, packaging evidence, and testimonies to establish these facts.
Does It Apply to All Sellers?
Yes. This law applies to:
- Street food vendors
- Grocery shop owners
- Wholesalers and distributors
- Online food delivery services
- Restaurants and cafes
If anyone knowingly sells or serves noxious food or drink, they can be booked under this section—even if they didn’t prepare the food themselves.
Is It a Bailable Offence?
Yes. Offences under BNS Section 275 are:
- Bailable
- Non-cognizable (police need a court order to arrest)
This means the accused can usually get bail but must face trial if found guilty.
Repeat offenders or those causing mass harm may face stronger penalties under the Food Safety and Standards Act, which often works in conjunction with Section 275.
How BNS Section 275 Improves Upon IPC
Earlier, the Indian Penal Code dealt with this offence under Section 273, which had lower penalties and outdated language.
The BNS 2023 update brings more clarity, stronger fines, and improved alignment with modern food laws and consumer rights.
It reflects a legal system evolving with public needs.
What Should Consumers Do?
If you suspect food is noxious or unsafe:
- File a complaint with the local police or Food Safety Officer.
- Preserve evidence like packaging, receipts, and samples.
- Report to food safety helplines or consumer protection agencies.
Under BNS Section 275, your complaint can lead to legal action, fine, or jail time for the guilty party.
Final Thoughts on BNS Section 275 Sale of Noxious Food or Drink
Public health is a shared responsibility. But the burden of ensuring safe food lies heavily on sellers and manufacturers.
Section 275 Sale of noxious food or drink sends a strong message—those who put lives at risk for profit will face justice.
This law, when used along with other food safety regulations, is a powerful tool to ensure that what we eat is not just tasty, but safe and healthy too.
Disclaimer
This article is meant for educational purposes only and does not constitute legal advice. Please consult a licensed legal expert for any case-specific guidance.
