Section 277 BNS: Sale of Adulterated Drugs
Section 277 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who knowingly sells, offers, exposes, dispenses, or causes medicinal use of an adulterated drug or medical preparation as though it were unadulterated.
Section 277 BNS - text and legal meaning
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.
The central requirement is knowledge of adulteration. The provision applies where the drug or medical preparation has been altered so that its efficacy is reduced, its operation is changed, or it becomes noxious, and the accused nevertheless deals with it for medicinal use as if it were unadulterated.
Essential ingredients of Section 277 BNS
For Section 277 to apply, the prosecution must establish the factual elements contained in the section. In substance, these are:
- There is a drug or medical preparation that has been adulterated so as to lessen efficacy, change its operation, or render it noxious.
- The accused knows that the drug or medical preparation has been adulterated in that manner.
- The accused sells it, offers or exposes it for sale, issues it from a dispensary for medicinal purposes as unadulterated, or causes it to be used medicinally by a person who does not know of the adulteration.
Punishment, cognizability, bail and trial court
| Particular | Section 277 BNS position |
|---|---|
| Maximum imprisonment | Six months |
| Maximum fine | Rs. 5,000 |
| Alternative punishment | Imprisonment, fine, or both |
| Cognizable / non-cognizable | Non-cognizable |
| Bailable / non-bailable | Bailable |
| Court competent to try | Any Magistrate |
Non-cognizableBailableAny Magistrate
The procedural classification above is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 for an offence under Section 277 BNS.
Related law: Drugs and Cosmetics Act, 1940
The Bharatiya Nyaya Sanhita is not the only law relevant to adulterated drugs. The Drugs and Cosmetics Act, 1940 contains a more detailed regulatory framework for manufacture, sale and distribution of drugs. Section 17A of that Act defines when a drug is deemed to be adulterated for the purposes of Chapter IV, including specified contamination, insanitary preparation or storage, harmful or toxic substances, and mixing that reduces quality or strength.
Depending on the facts, conduct involving an adulterated drug may also attract provisions of the Drugs and Cosmetics Act and applicable rules. The precise provision, punishment and procedure depend on the nature of the contravention and the facts proved.
Practical reading of Section 277
Section 277 focuses on knowing commercial or medicinal dealing with an adulterated drug. Mere possession is not stated as the offence in this section. The prosecution must connect the accused with one of the acts specified in the provision and prove the required knowledge regarding adulteration.
Because drug regulation is also governed by special legislation, Section 277 should be read with the applicable provisions of the Drugs and Cosmetics Act, 1940 and relevant rules where the facts concern manufacture, stocking, distribution, sale, quality standards or licensing.
This page is a general legal information resource. Statutory text, notifications and judicial interpretation should be checked for the facts of a particular matter.