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Section 275: Sale of Noxious Food or Drink

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 273 IPC
Section 274 All 358 Sections of Bharatiya Nyaya Sanhita Section 276

Legal Commentary & Landmark Judgments: Section 275

Section 275 punishes the sale, or offering or exposing for sale, of any food or drink which has been rendered or has become noxious, or is in a state unfit for human consumption.

  • Sale or Offer for Sale: Selling, stocking, distributing, or offering for sale food or drink.
  • Noxious State: The food is decomposed, contaminated, toxic, or unfit for consumption.
  • Knowledge: Knowing or having reason to believe that the food is noxious.
Key Landmark Precedents:
  • Centre for Public Interest Litigation v. Union of India (2013) 16 SCC 279: The Supreme Court stressed that the right to food under Article 21 encompasses wholesome, unadulterated, and safe food.
  • Municipal Corporation of Delhi v. Kacheroo Mal (1976) 1 SCC 412: Held that offering decomposed or rancid edibles for public sale establishes culpable knowledge on the part of the merchant.
Courtroom Practice & Strategic Litigation Guidance:

Challenge expiry dates, supply chain transit conditions, or prove that the goods were segregated in a 'not-for-sale / return-to-vendor' dump area.

Section 274 All 358 Sections of Bharatiya Nyaya Sanhita Section 276