Section 273 IPC: Sale of Noxious Food or Drink and Punishment

Section 273 of the Indian Penal Code, 1860 addressed the sale, offer or exposure for sale of food or drink that was noxious or unfit for consumption when the person selling it knew, or had reason to believe, that it was noxious.

What was Section 273 of the Indian Penal Code?

Section 273 formed part of Chapter XIV of the Indian Penal Code dealing with offences affecting public health, safety, convenience, decency and morals. Its purpose was to punish the knowing sale or proposed sale of food or drink that had become harmful or was otherwise unfit for human consumption.

Essential ingredients of Section 273 IPC

For the central provision to apply, the allegations and evidence had to address the statutory elements of the offence. In substance, the following ingredients were relevant:

• The accused sold, offered for sale, or exposed for sale an article as food or drink.
• The article had been rendered or had become noxious, or was in a state unfit for food or drink.
• The accused knew, or had reason to believe, that the article was noxious as food or drink.

The words "knowing or having reason to believe" made the required state of knowledge an important component of the offence. Mere presence of an unsuitable article would not, by itself, reproduce every element stated in Section 273; the sale-related act and the required knowledge also formed part of the statutory formulation.

Meaning of important expressions

Sale, offer or exposure for sale

The provision was not confined to a completed sale. It expressly extended to an article offered for sale or exposed for sale as food or drink.

Noxious food or drink

In the context of Section 273, "noxious" described food or drink harmful or injurious for consumption. The section also separately covered an article that was in a state unfit for food or drink.

Knowing or having reason to believe

The section required knowledge or reason to believe that the food or drink was noxious. Whether that requirement was established depended on the facts and evidence of the particular case.

Punishment under Section 273 IPC

State amendments to Sections 272 to 276 IPC

Section 273 could not always be read only with the central punishment clause. Certain States enacted amendments affecting Sections 272 to 276 IPC. Such State-specific provisions could prescribe substantially different punishment and procedural treatment. Therefore, for an offence alleged to have occurred before 1 July 2024, the applicable State amendment and its operative status on the date and place of the alleged offence should also be checked.

For example, amendments reflected in the pre-BNS statutory materials for Uttar Pradesh altered the punishment for Sections 272 to 276 to imprisonment for life with fine, while permitting a lesser sentence for adequate reasons recorded by the court. Procedural schedules were correspondingly altered in jurisdictions where such amendments applied.

Difference between Section 272 and Section 273 IPC

Section 272 IPC dealt with adulterating food or drink so as to make it noxious, coupled with an intention to sell it or knowledge that it was likely to be sold. Section 273 dealt with the subsequent commercial act: selling, offering or exposing for sale food or drink that was noxious or unfit, with knowledge or reason to believe that it was noxious.

Section 273 IPC and food safety legislation

Section 273 IPC was a penal provision concerning noxious or unfit food or drink. Food businesses could also be subject to specialised food-safety legislation and regulatory requirements. The ingredients, authorities, procedures and penalties under such special legislation were distinct and had to be examined independently according to the facts and the law applicable at the relevant time.

Legal position after 1 July 2024

The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code as the principal substantive criminal law from 1 July 2024, subject to the statutory saving and transitional provisions. This page is retained as a reference to Section 273 IPC for the pre-BNS legal position and for matters in which the IPC continues to be relevant because of the date of the alleged conduct or applicable saving provisions.

Note: This page explains the statutory position under the Indian Penal Code before implementation of the Bharatiya Nyaya Sanhita, 2023. State amendments and the law applicable on the date and place of an alleged offence should be verified in individual cases.