Section 273 IPC: Sale of noxious food or drink

Indian Penal Code, 1860

Section 273 IPC at a Glance

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

Punishment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

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

Section 275 →

Section 273 IPC Bare Act Text

273. 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 one thousand rupees, or with both.

Source: Section 273, Indian Penal Code, 1860

Section 273 IPC in Simple Words

Section 273 of the Indian Penal Code (IPC) punishes 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.

The punishment is imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Under the First Schedule to the Code of Criminal Procedure, the offence is non-cognizable, bailable, and triable by any Magistrate.

Ingredients of Section 273 IPC

  • Selling, or offering or exposing for sale, an article as food or drink
  • The article 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 article is noxious as food or drink

Punishment Under Section 273 IPC

Imprisonment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

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

Selling noxious food or drink is punishable with imprisonment of either description for up to six months, or with fine of up to one thousand rupees, or with both.

Example of Section 273 IPC

In 2021, Harish ran a poultry stall in a Mysuru market. Floodwater entered his storage shed overnight and soaked several crates of dressed chicken, causing the meat to rot and become infested with maggots by morning. Seeing the decay, Harish knew and had reason to believe that the meat had become noxious as food and was in a state unfit for human consumption. Even so, he arranged the rotten chicken on his stall table, exposed it for sale, and sold portions as food to buyers. Harish is punishable under Section 273 IPC.

When Section 273 IPC Does Not Apply

  • Section 273 IPC does not apply when a spoiled article is sold strictly for industrial or agricultural use rather than as food or drink.
  • Section 273 IPC does not apply if the food or drink sold or displayed for sale is wholesome and neither noxious nor unfit for consumption.
  • Section 273 IPC does not apply where the seller neither knew nor had any reason to believe that the article had become noxious as food or drink.
  • Section 273 IPC does not apply when noxious food or drink is merely kept in private storage and is never sold, offered for sale, or exposed for sale.

Section 273 IPC in the BNS

Section 273 IPC is now covered under Section 275 BNS.

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 detailed comparison (IPC 273 vs BNS 275) →

FAQs on Section 273 IPC

What does Section 273 IPC punish?▼

It punishes selling, or offering or exposing for sale, as food or drink, any article that has become noxious or unfit for food or drink, knowing or having reason to believe that it is noxious as food or drink.

What is the punishment under Section 273 IPC?▼

Imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

What fine is prescribed under Section 275 BNS compared to Section 273 IPC?▼

Section 273 IPC set a maximum fine of one thousand rupees. Section 275 BNS increases the maximum fine to five thousand rupees.

How does Section 273 IPC differ from Section 272 IPC?▼

Section 272 IPC penalises the person who adulterates food or drink to make it noxious. Section 273 IPC penalises the person who sells, or offers or exposes for sale, food or drink that is noxious, knowing or having reason to believe that it is noxious.

Is Section 273 IPC bailable?▼

Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 273 IPC is bailable and non-cognizable.

Which court tries an offence under Section 273 IPC?▼

It is triable by any Magistrate.

Can an offence under Section 273 IPC be compounded?▼

No. Section 273 IPC is not compoundable under Section 320 CrPC.

Where is Section 273 IPC located in the Bharatiya Nyaya Sanhita?▼

It is Section 275 BNS, in Chapter XV.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·