The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced the Indian Penal Code in India. One of its crucial provisions is BNS Section 277, which deals with the sale of adulterated drugs. This section targets anyone who knowingly sells or offers drugs that are not safe for use.
Let’s explore what this section means, how it works, and how it applies in real life.
What is BNS Section 277 Sale of Adulterated Drugs ?
BNS Section 277 talks about the sale of adulterated drugs. In simple words, if a person sells or offers to sell a drug that is mixed with harmful substances or is not fit for consumption, they can be punished under this law.
This includes drugs that:
- Are mixed with cheaper or harmful ingredients
- Are expired
- Are not prepared properly
- Do not meet quality standards
Text of the Law (Simplified)
Whoever sells, offers, or exposes for sale any drug or medical preparation that has been adulterated in a way that may make it dangerous to health, shall be punished.
Punishment:
- Imprisonment up to 6 months, or
- Fine up to ₹10,000, or
- Both
If the act is committed knowingly, the punishment can be more severe.
Short Note on BNS Section 277 Sale of Adulterated Drugs
- This section protects people from unsafe drugs.
- It applies to pharmacists, chemists, medical stores, and even manufacturers.
- It discourages bad practices in the pharmaceutical and healthcare industries.
- The law is aimed at public safety and health standards.
Important Case Laws of BNS Section 277 Sale of Adulterated Drugs
1. State of Haryana v. Bhajan Lal (1992)
In this landmark case, although not directly under BNS 277, the Supreme Court discussed misuse of powers in criminal proceedings. The court highlighted the need for strong evidence before prosecuting a seller under laws involving public health. It sets a standard for fair investigation in such cases.
2. Mohd. Shabir v. State of Maharashtra (1979 AIR 564)
In this case, the accused sold drugs without a valid license and proper labeling. The court held that public health is paramount, and those dealing in drugs have a higher duty of care. The judgment reinforced strict responsibility under laws related to drug safety.
3. Drugs Inspector v. B.K. Krishnaiah (1981 Cri LJ 415)
Here, the accused was found selling spurious drugs. The court emphasized that adulterated drugs pose a serious threat to life and must be dealt with firmly. This case supports the intention behind BNS Section 277.
Why BNS Section 277 Matters Today
India has a massive pharmaceutical industry. Millions depend on medicines for treatment. Any compromise in drug quality can cost lives.
BNS Section 277 Sale of Adulterated Drugs makes it clear—there’s zero tolerance for:
- Fake medicines
- Poor quality control
- Expired or harmful drugs
It not only protects patients but also holds sellers and manufacturers accountable.
Real-Life Implications of BNS Section 277 Connection with Other Laws
Let’s say a chemist sells a fever medicine. But the batch was adulterated during manufacturing. A patient consumes it and falls seriously ill. Under BNS Section 277, both the seller and manufacturer can be investigated and punished, especially if it was done knowingly.
In another case, a local pharmacy might offer discounted drugs that are actually expired. If caught, the seller faces prosecution.
How to Stay Safe as a Seller
If you’re a pharmacist or medical store owner:
- Always check the source of the drugs.
- Avoid unauthorized suppliers.
- Ensure proper storage and labeling.
- Keep records of purchases.
- Don’t sell anything that looks tampered.
Impact on Public Health
Adulterated drugs can cause:
- Allergic reactions
- Drug resistance
- Delayed treatment
- Even death
BNS Section 277 supports a cleaner healthcare system by removing such threats from the supply chain.
Connection with Other Laws
BNS Section 277 works closely with:
- Drugs and Cosmetics Act, 1940
- Food Safety and Standards Act, 2006
- Indian Medical Council Regulations
So, a person violating Section 277 may also be charged under these laws, leading to stricter penalties.
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. For specific legal concerns, please consult a qualified advocate or legal expert. Laws may be interpreted differently based on facts and circumstances.
Conclusion
BNS Section 277 Sale of Adulterated Drugs is a vital tool in India’s legal framework. It ensures that medicines reaching people are safe, clean, and effective. With increasing awareness and strong enforcement, this law can help reduce fake and harmful drugs in our markets.
Whether you’re a citizen or a seller, knowing this law empowers you to act responsibly and safeguard public health.
