BNS Section 277 – Sale of adulterated drugs
The Indian Penal Code (IPC) Section – 275
Understanding BNS Section 277: Sale of Adulterated Drugs
The sale of adulterated drugs poses a significant risk to public health, as it can lead to ineffective treatment or harm to patients. Section 277 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 277 Say?
Section 277 deals with the act of selling, offering, or exposing for sale adulterated drugs or medical preparations, knowing that they have been altered to reduce their efficacy, change their operation, or make them harmful. Here’s what the law states:
- Offense: If a person, knowing that a drug or medical preparation has been adulterated:
- Sells it, or
- Offers or exposes it for sale, or
- Issues it from a dispensary for medicinal purposes as if it were unadulterated, or
- Causes it to be used for medicinal purposes by someone unaware of the adulteration,
they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 6 months,
- A fine of up to 5,000 rupees, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Selling, offering, or exposing for sale adulterated drugs or medical preparations, knowing they are harmful or ineffective. |
| Punishment | Up to 6 months in jail, a fine of up to 5,000 rupees, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Protects Public Health: It ensures that drugs and medical preparations sold to the public are safe and effective.
- Ensures Accountability: It holds individuals responsible for knowingly selling adulterated drugs, which can harm patients.
- Maintains Trust in Healthcare: It helps maintain trust in the healthcare system by discouraging fraudulent practices.
Examples of Offenses Under Section 277
- Example 1: A pharmacist sells a diluted antibiotic, knowing it is less effective, to unsuspecting customers.
- Example 2: A manufacturer offers a batch of adulterated painkillers for sale, aware that they contain harmful substances.
- Example 3: A dispensary issues a noxious medical preparation to patients, falsely claiming it is unadulterated.
Conclusion
Section 277 of the BNS is a vital provision to ensure the safety and efficacy of drugs and medical preparations sold to the public. Selling adulterated drugs is a punishable offense, as it poses serious risks to public health. Always act responsibly and prioritize the well-being of patients and consumers.
