IPC Section 275
IPC Section 275 – Sale of drugs as food, etc., knowing them to be noxious
Text of Section 275 (simplified in English):
"Whoever sells, or offers for sale, or distributes, or exposes for sale, or gives, any drug or medicine as food, drink, medicine, or intoxicant, knowing it to be noxious, shall be punished with imprisonment, or fine, or both."
Key Elements of Section 275:
Actus Reus (The Act / What is Done):
The section applies when a person:
Sells, offers for sale, distributes, exposes for sale, or gives any substance.
The substance can be presented as:
Food
Drink
Medicine
Intoxicant
Noxious Substance:
The substance must be noxious, i.e., harmful or poisonous.
It can cause injury, illness, or danger to human health.
Mens Rea (Mental Element / Intention):
The seller or distributor must know that the substance is noxious.
Mere negligence or ignorance is not enough; knowledge of harm is required.
Punishment:
Imprisonment: Up to 6 months (in some cases, depending on local amendments).
Fine: Monetary penalty may also be imposed.
Or both, at the discretion of the court.
Illustrations / Examples:
A shopkeeper knowingly sells adulterated milk that is harmful to health.
→ Punishable under Section 275 IPC.
A person distributes medicine that contains a toxic substance, knowing it is harmful, claiming it cures a disease.
→ Punishable under Section 275 IPC.
Selling harmless food or medicine by mistake, without knowledge of any harm, is not punishable under Section 275.
Important Points:
Section 275 is meant to protect public health and safety.
It targets those who intentionally sell or distribute harmful substances, knowing their harmful nature.
It is distinct from Section 272 IPC (adulteration of food or drink), which also deals with harmful substances but focuses more on contamination, whether intentional or not.
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