Section 277 BNS: Sale of adulterated drugs
Bharatiya Nyaya Sanhita, 2023
Section 277 BNS at a Glance
Section 277 BNS deals with sale of adulterated drugs. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 275 IPC on 1 July 2024.
Imprisonment of either description for up to six months under Section 277 BNS.
Section 277 BNS Bare Act Text
277. Sale of adulterated drugs
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.
Source: Section 277, Bharatiya Nyaya Sanhita, 2023
Section 277 BNS in Simple Words
Section 277 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with selling, offering or exposing for sale, issuing from a dispensary as unadulterated, or causing an unknowing person to use for medicinal purposes a drug or medical preparation that has been adulterated. It applies when the person knows that the drug or medical preparation has been adulterated in a way that lessens its efficacy, changes its operation, or makes it noxious. The law is aimed at protecting public health and stopping unsafe or weakened medicines from reaching patients. This provision is especially relevant for pharmacists, wholesalers, retailers, dispensaries, and anyone involved in supplying medicines.
If a drug is mixed with a harmful substance, diluted, or otherwise altered in a way that reduces its effectiveness, changes its operation, or renders it noxious, a person who knowingly sells or dispenses it as unadulterated can face criminal liability. In practical terms, this section gives the police and courts a tool to act against those who put patients at risk by trading in adulterated medicines. It also works alongside drug control laws under the Drugs and Cosmetics Act.
Ingredients of Section 277 BNS
- Dealing with a drug known to have been adulterated so as to lessen its efficacy, change its operation, or render it noxious
- Selling, offering or exposing for sale, issuing from a dispensary as unadulterated, or causing its medicinal use by an unknowing person
Punishment Under Section 277 BNS
Imprisonment of either description for up to six months under Section 277 BNS.
Fine which may extend to five thousand rupees, or both imprisonment and fine.
Section 277 BNS prescribes imprisonment of either description for up to six months, or fine up to five thousand rupees, or both.
Example of Section 277 BNS
When Section 277 BNS Does Not Apply
- The person did not know that the drug or medical preparation was adulterated
- The substance sold or issued was not a drug or medical preparation
- The alteration did not lessen efficacy, change operation, or render the drug noxious
- There was no sale, offer or exposure for sale, issue from a dispensary as unadulterated, or causing medicinal use by an unsuspecting person
Section 277 BNS in the IPC (Previous Law)
Section 277 BNS replaces Section 275 IPC from the old criminal code.
Section 275 IPC is now Section 277 BNS. The definition of the offence remains unchanged, but the maximum fine has been raised from one thousand rupees under Section 275 IPC to five thousand rupees under Section 277 BNS. The maximum term of imprisonment of six months is unchanged.
View IPC Section 275 →FAQs on Section 277 BNS
What does Section 277 BNS punish?▼
It punishes selling, offering or exposing for sale, issuing from a dispensary as unadulterated, or causing an unknowing person to use for medicinal purposes a drug or medical preparation known to have been adulterated so as to lessen its efficacy, change its operation, or render it noxious. The key point is that the person must know that the drug is adulterated.
Does Section 277 BNS apply only to chemists and pharmacists?▼
No. It can apply to any person involved in selling, offering or exposing for sale, issuing from a dispensary, or causing the medicinal use of the adulterated drug. That includes dealers, wholesalers, retailers, dispensary staff, and other persons in the supply chain.
Is intention required under Section 277 BNS?▼
Knowledge of the adulteration is essential. A mere accidental handling of a bad batch is not enough unless the prosecution can show that the accused knew the drug or medical preparation had been adulterated. Each case depends on its facts and records.
How is Section 277 BNS different from drug law offences under the Drugs and Cosmetics Act?▼
Section 277 BNS creates a criminal offence under the Bharatiya Nyaya Sanhita for knowingly selling or dispensing adulterated drugs. Drug quality and licensing issues are also covered under the Drugs and Cosmetics Act, so both laws may be looked at depending on the facts. In practice, the regulatory law is often used along with or instead of the BNS provision.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·