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BNS Section 277: Sale Of Adulterated Drugs
Section 277 falls under Chapter 15 of the Bharatiya Nyay 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 277 specifically deals with selling adulterated drugs. Let us take a closer look at its provisions.
Definition of BNS Section 277
Section 277 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, 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 Section 277
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of failure to assist a public servant. Let us break down the section to get a better understanding of it.
Offence
This section deals with sale of adulterated drugs or medial preparation. As per this section, a drug or medical preparation is considered adulterated if its medical composition has been altered to:
This section covers four types of actions:
Any person found guilty of performing any of the above actions shall be prosecuted under the provisions of Section 277.
Punishment
Any person who causes an adulterated drug to be consumed, for medical purposes, by a person not aware of the adulteration 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:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustrationx
Z, a medical attendant, laces the medication of his employer with arsenic out of spite. Z is an offender under the provisions of Section 277.
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 277
This section deals with: Sale of adulterated drugs
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 277 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 277 of BNS replaces Section 275 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 |
|---|---|---|---|
| 277 | Sale of adulterated drugs. | 275 | 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 277 of the Bharatiya Nyay Sanhita (BNS)
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