Section 275 BNS: Sale of noxious food or drink

Bharatiya Nyaya Sanhita, 2023

Section 275 BNS at a Glance

Section 275 BNS deals with sale of noxious food or drink. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 273 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to six months under Section 275 BNS.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 273 →

Section 275 BNS Bare Act Text

275. Sale of noxious food or drink

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.

Source: Section 275, Bharatiya Nyaya Sanhita, 2023

Section 275 BNS in Simple Words

Section 275 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with selling food or drink that is harmful, knowing that it is unfit for human consumption. The law targets a person who sells, offers for sale, or exposes for sale such items in a way that can endanger public health. It is meant to stop the circulation of unsafe consumables in the market.

This section can apply to shopkeepers, vendors, wholesalers, manufacturers, or anyone involved in the sale of such goods. The key point is knowledge. The prosecution must show that the accused knew the food or drink was noxious or dangerous, yet still dealt with it as saleable goods.

In practice, this provision is often used in cases involving adulterated, spoiled, contaminated, or otherwise unsafe items. It protects consumers and supports action against sellers who put profit above safety.

Ingredients of Section 275 BNS

  • Selling, offering, or exposing for sale as food or drink an article rendered noxious or unfit for food or drink
  • Knowing, or having reason to believe, that the article offered or sold is noxious as food or drink

Punishment Under Section 275 BNS

Imprisonment

Imprisonment of either description for up to six months under Section 275 BNS.

Fine

Fine which may extend to five thousand rupees, or both imprisonment and fine.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 275 BNS prescribes imprisonment of either description for up to six months, or fine up to five thousand rupees, or both.

Example of Section 275 BNS

Prakash operates a sweet shop in Nashik. After a long power failure, a large batch of milk cream desserts turns sour and decomposes, giving off a putrid odour. Despite noticing the spoilage, Prakash places the desserts in his display counter and sells several plates to customers visiting the shop. Prakash knew the food had become noxious and unfit for consumption. Prakash is liable under Section 275 BNS.

When Section 275 BNS Does Not Apply

  • The article was not sold, offered for sale, or exposed for sale as food or drink
  • The article was not noxious and was not in a state unfit for food or drink
  • The person did not know and had no reason to believe that the article was noxious as food or drink
  • The article involved was not an article of food or drink

Section 275 BNS in the IPC (Previous Law)

Section 275 BNS replaces Section 273 IPC from the old criminal code.

Section 273 IPC is now Section 275 BNS. The statutory definition of the offence remains unchanged, but the maximum fine has been raised from one thousand rupees under Section 273 IPC to five thousand rupees under Section 275 BNS. The maximum term of imprisonment of six months is unchanged.

View IPC Section 273 →

FAQs on Section 275 BNS

What does Section 275 BNS punish?▼

It punishes the sale, offer for sale, or exposure for sale of food or drink that is harmful or unfit for consumption, when the seller knows or has reason to believe that it is noxious. The focus is on public safety and the seller's knowledge.

Is knowledge necessary for the offence under Section 275 BNS?▼

Yes. Mere sale of a bad product is not enough by itself. The prosecution must show that the accused knew or had reason to believe the food or drink was noxious and still sold, offered, or exposed it for sale.

Is Section 275 BNS a bailable offence?▼

Yes, it is generally bailable. That means the accused can usually secure bail as a matter of right, subject to the court process.

Has Section 275 BNS changed under the new law?▼

Yes. While the definition of the offence and the maximum imprisonment of six months remain the same, Section 275 BNS increases the maximum fine to five thousand rupees.

Have questions about Section 275 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·