Section 275 IPC: Sale of Adulterated Drugs
Section 275 of the Indian Penal Code, 1860 dealt with the knowing sale, offer, dispensing or medicinal use of an adulterated drug or medical preparation as though it were unadulterated.
Text and meaning of Section 275 IPC
Section 275 - Sale of adulterated drugs: Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, change its operation or render it noxious, sells it, offers or exposes it for sale, issues it from a dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by a person who does not know of the adulteration, is punishable with imprisonment of either description for a term extending to six months, or fine extending to one thousand rupees, or both.
Essential ingredients of the offence
For the central offence under Section 275 IPC, the prosecution had to establish the material ingredients of the provision. In particular:
- the subject matter was a drug or medical preparation;
- the drug or preparation had been adulterated so as to lessen its efficacy, change its operation or make it noxious;
- the accused knew of that adulteration; and
- with that knowledge, the accused sold it, offered or exposed it for sale, issued it from a dispensary for medicinal purposes as unadulterated, or caused it to be medicinally used by a person unaware of the adulteration.
The word knowing is important. Section 275 was directed at conduct involving knowledge that the drug or medical preparation had already been adulterated. This distinguishes the provision from Section 274 IPC, which dealt with the act of adulterating a drug or medical preparation with the required intention or knowledge concerning its medicinal sale or use.
Punishment under the central IPC
| Provision | Section 275, Indian Penal Code, 1860 |
|---|---|
| Offence | Sale, offer, dispensing or specified medicinal use of an adulterated drug with knowledge of its adulteration |
| Imprisonment | Imprisonment of either description up to 6 months |
| Fine | Up to Rs. 1,000 |
| Alternative | Both imprisonment and fine could be imposed |
Classification under the central CrPC before 1 July 2024
Under the central First Schedule to the Code of Criminal Procedure, 1973, the Section 275 offence was classified as non-cognizable and bailable, and was triable by any Magistrate. This central classification should not be assumed to apply unchanged in every State because State amendments have altered the treatment of Sections 272 to 276 in some jurisdictions.
Section 274 and Section 275 IPC - practical distinction
Section 274 IPC focused on adulterating a drug or medical preparation so that its efficacy was reduced, its operation changed or it became noxious, coupled with the statutory intention or knowledge regarding medicinal sale or use. Section 275 addressed the subsequent knowing sale, offer, dispensing or specified medicinal use of a drug or preparation that had already been adulterated.
Scope of the provision
Section 275 was not limited to a completed retail sale. Its language expressly extended to offering or exposing the adulterated drug for sale, issuing it from a dispensary for medicinal purposes as unadulterated, and causing it to be used medicinally by a person who did not know of the adulteration. The provision therefore addressed several ways in which a knowingly adulterated medical product could be passed into medicinal use.
Position after commencement of the Bharatiya Nyaya Sanhita
The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This page is intentionally confined to the IPC/CrPC legal position immediately before that commencement date. For post-commencement matters, the applicable new criminal law and relevant saving or transitional provisions should be checked according to the date and facts of the case.
Related IPC provisions
For the surrounding statutory scheme, see Section 273 IPC - Sale of noxious food or drink, Section 274 IPC - Adulteration of drugs, and Section 276 IPC - Sale of drug as a different drug or preparation.
This article is a general explanation of the pre-BNS central statutory position. State amendments and other special laws relating to drugs may also be relevant to particular facts.