Introduction of BNS Section 275
Food safety is one of the most important aspects of public health, and laws exist to ensure that consumers are not exposed to harmful or contaminated products. Under the Bharatiya Nyaya Sanhita (BNS), Section 275 specifically deals with the sale of noxious food and drink. This provision prohibits selling or offering food and beverages that are unsafe for human consumption, holding vendors accountable for their actions. By penalizing those who knowingly expose harmful items for sale, the law not only protects consumer health but also maintains trust in the food and beverage industry.
The Bharatiya Nyaya Sanhita (BNS) Section 275 replaces the old Indian Penal Code (IPC) Section 273.
- Introduction of BNS Section 275
- What is BNS Section 275 ?
- BNS 275 in Simple Points
- Section 275 BNS Overview
- BNS 275 Punishment
- BNS 275 bailable or not ?
- Bharatiya Nyaya Sanhita Section 275
- BNS Section 275 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 275 ?
BNS Section 275 defines the offense as selling or offering food or drink that has become harmful or is in an unfit state for consumption, with knowledge or reasonable belief of its harmfulness.
Under Section 275 of the bns act 2023
Whoever sells, or offers or exposes for sale, any food or drink which has been adulterated and made noxious as food or drink, knowing or having reason to believe that the same is noxious, shall be punished with imprisonment which may extend to six months, or with fine up to five thousand rupees, or with both.
1. Meaning of the Provision
This section punishes the sale or display of adulterated food or drink that is unfit for consumption.
- “Sale” includes selling directly to consumers.
- “Offer or expose for sale” means even showing such food items in shops or stalls.
- Liability arises when the seller knows or has reason to believe that the item is harmful.
The law aims to protect consumers from unsafe food and beverages.
2. Scope of the Law
- Applies to sellers, shopkeepers, vendors, and distributors.
- Covers not only actual sale but also offering or displaying harmful food items.
- The seller is liable even if he did not adulterate the product but knowingly chose to sell it.
3. Essential Ingredients
To prove an offense under this section, it must be shown that:
- The accused sold, offered, or exposed for sale food or drink.
- The food or drink was adulterated and noxious.
- The accused knew or had reason to believe it was harmful.
If the seller had no knowledge or reason to believe the food was unsafe, this section may not apply.
4. Examples of BNS 275
- Example 1: A shopkeeper sells cold drinks contaminated with harmful chemicals.
- Example 2: A vendor knowingly displays rotten vegetables for sale.
- Not Covered: A seller unknowingly sells packaged biscuits that were adulterated at the factory.
5. Punishment under BNS Section 275
- Imprisonment → Up to 6 months.
- Fine → Up to ₹5,000.
- Both → Court may impose both in serious cases.
6. Legal Classification
- Bailable → Accused can apply for bail.
- Non-Cognizable → Police need Magistrate’s order before investigation.
- Non-Compoundable → Case cannot be privately settled.
- Triable by → Any Magistrate.
7. Importance of BNS Section 275
- Protects public health by preventing unsafe food from being sold.
- Ensures consumer trust in food markets.
- Holds sellers legally accountable for exposing harmful food items.
- Sends a clear message that profiting from unsafe food is punishable.
Section 275 BNS Overview
BNS Section 275 addresses the offense of selling, offering, or exposing for sale any food or drink that has become harmful or unfit for human consumption. This section applies when the seller knowingly or has reasonable grounds to believe that the food or drink is harmful, emphasizing the protection of public health and consumer rights.
10 Key Points of BNS Section 275
1. Prohibition of Sale of Harmful Food and Drink
BNS Section 275 makes it an offense to sell, offer, or expose for sale any food or drink that is harmful or unfit for human consumption. This provision ensures that the public is protected from unsafe items such as stale food, rotten fruits, contaminated water, or chemically treated items. The law directly targets sellers or vendors who compromise food safety for profit, ensuring that such practices are discouraged and penalized.
2. Knowledge of Noxiousness
The offense under this section is committed only if the seller knows or has reason to believe that the food or drink is noxious. This clause ensures accountability, as sellers are expected to exercise due diligence in checking the quality of their goods. They cannot escape liability by claiming ignorance, because reasonable care and inspection are expected. Negligence or willful ignorance will also be penalized, ensuring higher responsibility among food vendors.
3. Coverage of Sale and Display
This section is broad in scope, as it does not only apply to the actual sale of food or drink but also covers items that are exposed for sale or offered as edible. This means that even if the harmful food is not ultimately sold, merely displaying or offering it for human consumption is an offense. For instance, a shopkeeper keeping rotten vegetables or stale sweets in the display counter is punishable, even if no customer buys them.
4. Consumer Health Protection
The primary goal of Section 275 is consumer health protection. By banning the sale and exposure of harmful food or beverages, the law ensures that sellers prioritize safety over profit. This safeguards public health and builds trust between consumers and food providers. It also reinforces the message that the well-being of consumers is more important than commercial gains.
5. Punishment for Violation
Violators of Section 275 face imprisonment for up to six months, a fine of ₹5,000, or both. This punishment shows the seriousness of selling harmful food or drink. Even though the maximum imprisonment term is limited, the dual penalty of imprisonment and fine acts as a strong deterrent. The possibility of both punishments ensures that sellers think twice before endangering public health for monetary gain.
6. Legal Classification – Non-Cognizable
The offense under Section 275 is classified as non-cognizable, meaning that the police cannot initiate an investigation or arrest without prior approval from a Magistrate. This ensures that judicial oversight is maintained, and cases are pursued through the proper legal process. It also prevents unnecessary harassment of vendors by requiring court authorization before action is taken.
7. Bailable Offense
Section 275 is a bailable offense, meaning that the accused person has the legal right to apply for bail. This ensures fairness in the judicial process, as individuals are not kept in custody unnecessarily while their trial is ongoing. Bail balances the interests of justice by upholding the rights of the accused while still ensuring accountability through the court system.
8. Non-Compoundable Nature
The offense under Section 275 is non-compoundable, which means that it cannot be privately settled between the accused and the complainant. This reflects the fact that food safety is a public concern and not merely a private dispute. Since harmful food can affect large groups of people, such cases must go through a formal trial in court and cannot be compromised outside the legal system.
9. Triable by Any Magistrate
Cases under Section 275 are triable by any Magistrate, which makes the judicial process more accessible and efficient. Since food safety violations often occur at the local level—such as in small eateries, shops, or local markets—this provision ensures that such cases can be quickly addressed in local courts without involving higher courts, thus saving time and resources.
10. Deterrent Effect on Vendors
The overall impact of Section 275 is its deterrent effect on vendors and sellers. By criminalizing the sale of harmful food and drinks, the law discourages vendors from cutting corners on safety standards. It promotes ethical practices in the food and beverage industry, ensuring that public health is prioritized. Over time, such provisions strengthen consumer trust and encourage the development of a safer food market.
Examples of BNS Section 275
- Selling Contaminated Beverages:
A shopkeeper sells soft drinks that are contaminated with harmful chemicals, causing harm to consumers. - Displaying Spoiled Food for Sale:
A vendor displays spoiled fruits for sale despite knowing they are unfit for consumption, violating BNS Section 2275.
BNS 275 Punishment
- Imprisonment: Up to six months.
- Fine: Up to ₹5,000.
- Both: In some cases, both penalties may be imposed.
BNS 275 bailable or not ?
BNS Section 275 is a bailable offense, allowing the accused to seek bail from the court.
Bharatiya Nyaya Sanhita Section 275
| BNS Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial by |
|---|---|---|---|---|---|
| 275 | Sale of noxious food or drink | Imprisonment up to 6 months, ₹5,000 fine, or both | Bailable | Non-cognizable | Any Magistrate |
Comparison table for BNS Section 275 vs IPC Section 273
| Comparison Point | BNS Section 275 | IPC Section 273 (old) |
|---|---|---|
| Short description | Prohibits selling, offering or exposing for sale any food or drink known or believed to be harmful or unfit for human consumption. | (Equivalent) Penalizes sale or exposure for sale of food or drink that is noxious or unfit for human consumption when the vendor knows or has reason to believe so. |
| Mental element (mens rea) | Requires that the seller knows, or has reason to believe, the item is harmful—knowledge or constructive knowledge is key. | Similar requirement — intention or knowledge that the food/drink is noxious or will be consumed by humans. |
| Acts covered (sale / display) | Covers actual sale, offering for sale, or display/exposure of harmful food or drink for human consumption. | Covers sale and exposure for sale—equally targets vendors who market noxious food/drink. |
| Punishment | Imprisonment up to 6 months, or fine up to ₹5,000, or both. | Same maximum penalty: imprisonment up to 6 months, fine, or both (traditionally aligned with IPC framing). |
| Cognizability / Bailability | Classified non-cognizable (police need Magistrate order to investigate/arrest); bailable. | Traditionally treated as non-cognizable and bailable within the IPC framework. |
| Compoundable / Trial | Non-compoundable; triable by any Magistrate. | Non-compoundable under IPC practice; triable by Magistrate (same practical approach). |
| Scope / Coverage | Targets vendors, sellers, and anyone exposing harmful food/drink for human consumption — local shops, eateries, distributors included. | Same commercial scope — addresses sellers, distributors, and those who put noxious food into the market. |
| Practical effect | Creates legal duty for vendors to inspect and avoid marketing harmful food; protects consumers and public health. | Same consumer-protection effect — deters sale of dangerous food and promotes safer market practices. |
| Notable changes / language | Rephrased under BNS terminology; retains core elements (knowledge, sale/exposure, penalties) but updated to fit BNS structure and wording. | Original provision in IPC — substance retained in BNS but with modernised statutory drafting and labels. |
| Example scenario | A vendor knowingly displays moldy sweets for sale — liable under BNS 275 even if none sold yet. | Under IPC 273 equivalent, same vendor would have been prosecuted for exposing noxious food for sale with knowledge. |
BNS Section 275 FAQs
What does BNS Section 275 cover?
It penalizes the sale or display of harmful or unfit food or drink, especially when the seller knows it is unsafe for consumption.
What is the punishment under BNS Section 275?
Punishment includes imprisonment for up to six months, a fine of ₹5,000, or both.
Is BNS Section 275 a bailable offense?
Yes, it is a bailable offense, allowing the accused to secure bail.
What does “noxious” mean in BNS Section 275?
“Noxious” refers to food or drink that is harmful, contaminated, spoiled, or otherwise unfit for consumption.
Who can try cases under BNS Section 275?
Cases under this section are triable by any Magistrate.
Conclusion
BNS Section 275 acts as a strong safeguard against practices that compromise public health. By criminalizing the sale and display of noxious food or drink, it ensures that vendors, sellers, and distributors prioritize consumer safety over profits. With punishments that include imprisonment and fines, the provision serves as a deterrent to unethical practices in the food market. Ultimately, this law reinforces the message that food safety is a public right and a matter of collective well-being. For citizens, it builds trust in food systems; for vendors, it acts as a reminder of their legal and ethical duty toward society.
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