Section 275 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 275 of the Bharatiya Nyaya Sanhita (BNS), 2023 — part of Chapter XV: Offences affecting public health, safety, convenience, decency, and morals:
📜 Section 275 – Sale of Noxious Food or Drink
Offence Defined
A person commits this offence if they sell, offer, or expose for sale any article as food or drink, knowing or having reason to believe it is noxious (poisonous, harmful, unfit) as food or drink
⚖️ Punishment
Imprisonment: Up to 6 months (simple or rigorous)
Fine: Up to ₹5,000
Or both (sudhirrao.com)
🔍 Legal & Procedural Features
Cognizability: Non-cognizable — police cannot arrest without a warrant (lawrato.com)
Bailability: Bailable — the accused has a right to bail (lawrato.com)
Triable by: Any Magistrate, as standard in offences under this chapter
🧭 Key Elements to Establish
The item was sold, offered, or displayed as food or drink.
The item was noxious or unfit for consumption.
The seller knew or should have known of its harmful nature.
The act was done with the intention to profit or mislead.
✅ Summary Table
| Element | Detail |
|---|---|
| Offence | Selling noxious/unfit food or drink |
| Penalty | ≤ 6 months imprisonment and/or ≤ ₹5,000 fine |
| Cognizable | No (non-cognizable) |
| Bailable | Yes |
| Tried by | Any Magistrate |
💡 Context & Public-Health Importance
This section addresses food safety, aiming to protect consumers from health hazards often found in street food, expired products, or illicit supply chains.
This mirrors IPC-style provisions but with enhanced clarity and modernized definitions — designed to align with current public-health priorities under the new BNS framework. (
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