IPC Section 248
IPC Section 248 – Sale of noxious food or drink
Textual Explanation:
Section 248 deals with the sale of food or drink that is harmful or injurious to health. It focuses on the actual sale of dangerous substances, even if there was no intent to adulterate.
Key Points:
Who it applies to:
Any person who sells, offers for sale, or exposes for sale any noxious (harmful) food or drink.
The person must know or have reason to believe that the food or drink is harmful.
Definition of “noxious”:
Noxious food or drink is anything injurious to health, including:
Poisonous substances
Contaminated or decayed food
Food containing harmful chemicals
Mental Element (Mens Rea):
The offender must know or have reason to believe that the food or drink is harmful.
If someone sells harmful food without knowing, other laws might apply, but not Section 248.
Punishment:
Whoever commits this offense shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Purpose of the Law:
To protect public health and prevent harm caused by consumption of dangerous food or drink.
Illustration / Example:
A shopkeeper knowingly sells milk mixed with a harmful chemical to increase shelf life.
→ Punishable under Section 248 IPC.
A vendor sells stale bread without knowing it is spoiled.
→ May not fall under Section 248 (intent or knowledge is required), but could fall under other consumer protection laws.
✅ Summary:
Section 248 IPC punishes the sale of harmful food or drink when the seller knows or believes it to be injurious.
Punishment: Up to 6 months imprisonment, or fine, or both.
Objective: To ensure safe consumption of food and beverages by the public
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