Introduction of 277 BNS
277 BNS is designed to safeguard public health by penalizing individuals involved in the sale or issuance of adulterated drugs. Medicines are meant to heal, but when tampered with, they can become dangerous and life-threatening. To protect patients and ensure public trust in healthcare, the Bharatiya Nyaya Sanhita (BNS) Section 277 penalizes the sale, offering, exposing, or issuing of adulterated drugs. This section holds chemists, pharmacists, dispensaries, and distributors accountable if they knowingly sell or distribute medicines that are diluted, contaminated, or otherwise unsafe. With punishments including imprisonment and fines, Section 277 strengthens India’s legal framework for drug safety and ensures that medical products remain effective and reliable..
The Bharatiya Nyaya Sanhita (BNS) Section 277 replaces the old Indian Penal Code (IPC) Section 275.
- Introduction of 277 BNS
- What is BNS Section 277 ?
- 277 BNS act in Simple Points
- Section 277 BNS Overview
- Detailed Explanation of BNS Section 277 (10 Key Points)
- 1. Definition of Adulteration in Drugs
- 2. Intent to Defraud is Critical
- 3. Applicability to Dispensaries and Sellers
- 4. Offense Includes Offering or Exposing for Sale
- 5. Punishments for the Offense
- 6. Classification of the Offense BNS Section 277 classifies the offense as non-cognizable, bailable, and non-compoundable.
- 7. Trial by Any Magistrate
- 8. Focus on Protecting Public Health
- 9. Accountability for Intentional Offenses
- 10. Broad Scope of the Law
- Examples of BNS Section 277: Sale of Adulterated Drugs
- Detailed Explanation of BNS Section 277 (10 Key Points)
- 277 BNS Punishment
- 277 BNS bailable or non bailable ?
- Bharatiya Nyaya Sanhita Section 277
- BNS Section 277 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 277 ?
BNS Section 277 addresses the sale of adulterated drugs. It applies to anyone who knowingly sells, offers, or issues adulterated drugs or medical preparations that reduce their efficacy, alter their operation, or render them harmful. The section emphasizes protecting public health and safety by penalizing those involved in the distribution of such drugs.
Under Section 277 of the bns act 2023
Whoever sells, offers, exposes, or issues for sale any drug or medical preparation which has been adulterated so as to reduce its efficacy, alter its intended effect, or render it harmful, knowing or having reason to believe the same is adulterated, shall be punished with imprisonment up to six months, or fine up to ₹5,000, or both.
1. Meaning of the Provision
This section punishes the sale or distribution of adulterated drugs that are unsafe or ineffective.
- “Sale” includes direct sale to consumers.
- “Offer, expose, or issue” means even displaying, advertising, or providing adulterated medicines is covered.
- Liability arises only when the seller knows or has reason to believe that the drug is adulterated.
2. Scope of the Law
- Applies to pharmacists, chemists, dispensaries, and distributors.
- Covers all forms of drugs—tablets, syrups, injections, or ointments.
- Ensures accountability at every level of the drug supply chain.
3. Essential Ingredients
To prove an offense under Section 277, it must be shown that:
- The accused sold, offered, exposed, or issued a drug.
- The drug was adulterated (ineffective, altered, or harmful).
- The accused knew or had reason to believe the drug was adulterated.
4. Examples of BNS 277
- Example 1: A chemist knowingly sells diluted antibiotics that cannot cure infections.
- Example 2: A hospital dispensary issues vaccines it knows are expired and ineffective.
- Not Covered: A seller unknowingly supplies adulterated medicine received from a manufacturer, without negligence.
5. Punishment under BNS Section 277
- Imprisonment → Up to 6 months.
- Fine → Up to ₹5,000.
- Both → In severe cases, the court may impose both.
6. Legal Classification
- Bailable → Accused has the right to bail.
- Non-Cognizable → Police need Magistrate’s order to investigate.
- Non-Compoundable → Cannot be privately settled.
- Triable by → Any Magistrate.
7. Importance of BNS Section 277
- Protects public health from dangerous or ineffective medicines.
- Creates legal accountability for sellers and distributors.
- Ensures trust in medical supply chains.
- Acts as a deterrent to unethical pharmaceutical practices.
Section 277 BNS Overview
BNS Section 277 deals with the sale of adulterated drugs. It criminalizes knowingly selling, offering, exposing, or issuing drugs or medical preparations that have been tampered with, making them less effective, altering their intended function, or rendering them harmful. The goal is to ensure public health safety and maintain the integrity of medicinal products.
Detailed Explanation of BNS Section 277 (10 Key Points)
1. Definition of Adulteration in Drugs
Adulteration refers to altering a drug or medical preparation in a way that reduces its effectiveness, changes its intended action, or makes it harmful. This includes adding harmful chemicals, diluting medicines, or substituting ingredients with substandard ones. For instance, mixing water with a cough syrup to increase its quantity compromises its quality and makes it adulterated. The section ensures that medical products maintain their safety, efficacy, and integrity for public health.
2. Intent to Defraud is Critical
To be punishable under this section, the person must knowingly sell or issue adulterated drugs. The term “knowingly” means that the person was aware of the drug’s adulterated nature and still chose to sell or distribute it. If someone proves they were unaware of the adulteration, they may not be held accountable. This provision ensures that only intentional offenders are punished, protecting individuals who act in good faith without knowledge of the tampering.
3. Applicability to Dispensaries and Sellers
This section applies to anyone involved in the distribution of drugs, including pharmacists, dispensaries, and sellers. For example, a pharmacy selling adulterated painkillers or a hospital issuing diluted vaccines is liable under this section. The law aims to regulate all points in the supply chain, ensuring that no harmful or ineffective drugs reach patients. Dispensaries, as trusted providers, have a special duty to ensure drug quality.
4. Offense Includes Offering or Exposing for Sale
The section not only punishes actual sales but also penalizes those who offer or expose adulterated drugs for sale. For example, displaying adulterated medicines in a shop for purchase or advertising them is equally punishable. This ensures that offenders cannot escape liability by claiming the drugs were not sold but merely displayed. It closes loopholes in the law to prevent public exposure to harmful substances.
5. Punishments for the Offense
The punishments include:
- Imprisonment for up to six months.
- A fine of up to ₹5,000.
- Both imprisonment and fine, in severe cases.
These penalties are designed to deter individuals and organizations from tampering with medical products. The severity of the punishment reflects the potential harm adulterated drugs can cause to patients, including worsening illnesses or causing new health complications.
6. Classification of the Offense BNS Section 277 classifies the offense as non-cognizable, bailable, and non-compoundable.
- Non-cognizable: Police need judicial permission to investigate the offense.
- Bailable: The accused can secure bail easily.
- Non-compoundable: The case cannot be settled out of court.
These classifications ensure a balance between accountability and fairness in handling the offense.
7. Trial by Any Magistrate
The offense under BNS Section 277 is triable by any magistrate. This provision makes the legal process accessible, as magistrates operate at different levels and locations, ensuring that justice can be delivered swiftly and efficiently. It also reduces delays in trials, helping victims of adulterated drugs get justice sooner.
8. Focus on Protecting Public Health
The primary goal of this section is to safeguard public health. Adulterated drugs can cause serious health risks, from ineffective treatment to severe side effects or even death. By penalizing offenders, the law ensures that individuals and organizations prioritize the safety and well-being of patients. This provision also promotes trust in the medical system, as people can rely on the quality of drugs they use.
9. Accountability for Intentional Offenses
BNS Section 277 places responsibility on individuals and entities who intentionally sell or issue adulterated drugs. It emphasizes personal accountability, ensuring that those who knowingly endanger lives are penalized. For example, if a company knowingly uses harmful substitutes in a medicine to cut costs, it can be prosecuted under this section. This encourages ethical practices in the pharmaceutical industry.
10. Broad Scope of the Law
The section has a broad scope, covering all aspects of selling, offering, exposing, or issuing adulterated drugs. It also includes drugs issued as “unadulterated” but later found to be tampered with. This comprehensive approach ensures that all possible scenarios of harm caused by adulterated drugs are addressed, leaving no room for offenders to exploit loopholes. It reinforces a strict no-tolerance policy for tampering with medical preparations.
Examples of BNS Section 277: Sale of Adulterated Drugs
- Example 1: A Pharmacist Selling Tainted Medicines
A pharmacist knowingly sells a batch of cough syrup that has been diluted with harmful chemicals, reducing its medicinal properties and causing adverse side effects in patients. Despite knowing the drugs are adulterated, the pharmacist markets them as genuine. Under BNS Section 277, this pharmacist can be punished with imprisonment of up to six months, a fine of up to ₹5,000, or both.
- Example 2: Distribution of Contaminated Antibiotics
A pharmaceutical distributor issues antibiotics from their warehouse, fully aware that the drugs have been improperly stored and contaminated, rendering them ineffective and harmful. The distributor supplies these antibiotics to hospitals without informing them about the adulteration. This action qualifies as a violation under BNS Section 277, and the distributor can face legal consequences, including imprisonment, fine, or both.
277 BNS Punishment
Imprisonment: Up to six months.
Fine: Up to ₹5,000.
Both: In severe cases, the offender may face both imprisonment and fine.
277 BNS bailable or non bailable ?
Yes, BNS 277 is bailable. This means the accused has the right to obtain bail as a matter of legal entitlement.
Bharatiya Nyaya Sanhita Section 277
| Offense | Sale, offering, exposing, or issuing adulterated drugs or medical preparations. |
| Punishment | Imprisonment up to 6 months, fine up to ₹5,000, or both. |
| Bailable / Non-Bailable | Bailable. |
| Cognizable / Non-Cognizable | Non-cognizable. |
| Trial by | Any Magistrate. |
Comparison: BNS Section 277 vs IPC Section 275
| Comparison Point | BNS Section 277 | IPC Section 275 (old) |
|---|---|---|
| Short description | Covers sale, offering, exposing, or issuing adulterated drugs that reduce efficacy, alter intended effect, or make them harmful. | (Equivalent) Punishes selling or offering adulterated drugs known to be noxious or harmful to health. |
| Mental element (mens rea) | Requires knowledge or belief that the drug is adulterated; intentional sale or issue is punishable. | Similar — liability arises when seller knows or has reason to believe drug is adulterated. |
| Acts covered | Includes selling, offering, exposing for sale, and issuing adulterated drugs in dispensaries or shops. | Primarily covered selling or exposing adulterated drugs for sale under IPC wording. |
| Punishment | Imprisonment up to 6 months, or fine up to ₹5,000, or both. | Same maximum: imprisonment up to 6 months, fine, or both. |
| Cognizability / Bailability | Non-cognizable (police need Magistrate’s order); Bailable. | Traditionally non-cognizable and bailable under IPC framework. |
| Compoundable / Trial | Non-compoundable; triable by any Magistrate. | Non-compoundable; triable by Magistrate (same approach). |
| Scope / Coverage | Covers chemists, pharmacists, distributors, and dispensaries knowingly selling or issuing adulterated drugs. | Applied mainly to vendors and sellers in the IPC framework. |
| Practical effect | Strengthens consumer safety by ensuring accountability across the drug supply chain. | Protected consumers from harmful drug sales but with narrower focus. |
| Notable changes / language | Rephrased under BNS with broader coverage (includes dispensaries issuing adulterated drugs); penalties unchanged. | Original IPC provision; BNS update modernized scope and terminology. |
| Example scenario | A hospital knowingly issues diluted vaccines — liable under BNS 277. | Under IPC 275, same case would be punishable for selling/issuing adulterated drugs knowingly. |
BNS Section 277 FAQs
1. What is the purpose of BNS Section 277?
The section aims to protect public health by penalizing the sale or distribution of adulterated drugs. It ensures that only safe and effective medical preparations are made available to the public.
What are the punishments under BNS Section 277?
Punishments include imprisonment for up to 6 months, a fine of up to ₹5,000, or both, depending on the severity of the offense.
Is the offense under BNS Section 277 bailable?
Yes, the offense is bailable, allowing the accused to seek bail while awaiting trial.
Can someone unknowingly selling adulterated drugs be punished?
No, the section specifically targets individuals who knowingly sell or distribute adulterated drugs. Proving a lack of knowledge and intent can exempt the accused from punishment.
Who can conduct the trial for offenses under BNS Section 277?
The trial is conducted by any magistrate, ensuring that the legal process is accessible and swift.
Conclusion
BNS Section 277 serves as a vital safeguard in India’s legal system by preventing the sale and distribution of adulterated drugs. By classifying the offense as non-cognizable, bailable, and non-compoundable, the law ensures judicial oversight while also making sure offenders are held accountable. The section not only protects patients from harmful medicines but also builds public trust in the pharmaceutical industry and healthcare system. Ultimately, Section 277 is more than just a punishment clause—it is a commitment to public health, safety, and ethical medical practices.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.