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Section 275 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 275 specifically deals with sale of contaminated edibles. Let us take a closer look at its provisions.

Definition of BNS Section 275

Section 275 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.”

Explanation and Illustration of BNS Section 275

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of offering contaminated food for public consumption. Let us break down the section to get a better understanding of it.

Offence

This section covers three types of actions:

Selling food or drink - referring to selling of goods as edible products for public consumption. Such as a packet of chips or a cold drink.
Offering food or drink - serving or providing edible goods for public consumption, such as in an eatery or a canteen.
Expose food or drink for sale - Openly displaying edible goods for sale, such as in a meat shop or a grocery store.

The above actions shall be considered an offence under the provisions of section 275 if:

  • The food or drink in question has been rendered or has become noxious - meaning that either the food has decomposed or has been artificially contaminated making the food or drink unfit for healthy consumption.
  • The above actions have been performed knowing or having reason to believe that the same is noxious as food or drink - meaning that the person in charge of selling the food or drink is aware of its unfit state and still goes ahead and sells such products.

  • In simple words, any person who intentionally sells, offers or exposes contaminated food or drink to the public shall be considered an offender under the provisions of section 275.

    Punishment

    Any person who knowingly sells, offers or exposes contaminated edibles to the public shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

    The above actions may not be an offence under this section if:

  • The offender is forced or coerced into selling contaminated food.
  • The offender was not of sane mind at the time of the act
  • The offender was not aware of the contaminated state
  • The offender was not aware the contamination could be harmful

  • The offender was not aware the contamination could be harmful

    Illustration

    Z sells fresh fruit juices. In order to cut costs, Z uses tap water for preparing the juices despite knowing that tap water is not certified as drinkable. Z is an offender under the provisions of Section 275.

    Disclaimer:

    The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

    Key Points of BNS 275

    This section deals with: Sale of noxious food or drink.

    Description of offence:

  • Any person responsible for the sale of food or drink in a noxious state, such that it is dangerous for consumption, shall be considered an offender under this section.

  • Punishment for offence:
  • Any person who knowingly sells, offers or exposes contaminated edibles to the public shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

  • Exceptions to offence:
  • The offender has been coerced into committing the offence
  • The person is a minor or not of sane mind
    1. Differences Between Section 275 of BNS and its equivalent IPC section

      The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code.Section 275 of BNS replaces Section 273 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

      BNS Sections/Subsections Subject IPC Sections Summary of Comparison
      275 Sale of noxious food or drink. 273 Upper limit of fine is increased from one thousand to five thousand rupees.

      Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

      Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

      • Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
      • Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
      • Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
      • Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

      FAQs about Section 275 of the Bharatiya Nyaya Sanhita (BNS)

      The fine for offences under Section 275 are at the discretion of the presiding judge and depends on the seriousness of the adulteration. But in any case, it shall not exceed a sum of rupees five thousand.
      Section 275 of the BNS covers cases where food and drink for sale have been found in a noxious condition, dangerous for consumption.
      Any food or drink for sale that is in a condition that is unfit or dangerous for consumption shall be considered noxious for the purposes of Section 275.
      The person selling such food or drink shall be punishable under the provisions of Section 275.
      Adulterated food is food that does not constitute the ingredients as declared on the packaging. On the other hand, noxious food is food that has been adulterated to such an extent that it is unfit for consumption. So not all adulterated food is noxious. However, all noxious food is adulterated.
      Consumers suspecting food or drink to be noxious must report the same to the nearest police station immediately.
       Section 275 of BNS

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