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Section 277: Sale of Adulterated Drugs

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 275 IPC
Section 276 All 358 Sections of Bharatiya Nyaya Sanhita Section 278

Legal Commentary & Landmark Judgments: Section 277

Section 277 punishes knowingly selling, offering for sale, or issuing from any dispensary for medicinal purposes, any drug or medical preparation which has been adulterated.

  • Commercial Dispensation: Selling, offering for sale, or dispensing from a clinic or pharmacy.
  • Adulterated Medicine: The drug has suffered adulteration compromising its therapeutic value or making it noxious.
  • Guilty Knowledge: Knowing or having reason to believe that the drug has been adulterated.
Key Landmark Precedents:
  • Ashok Kumar v. State of Haryana (2010) 6 SCC 353: Affirmed that chemists and pharmacists who stock spurious or adulterated antibiotics cannot plead lack of scientific testing when purchasing without valid invoices.
  • State of Rajasthan v. Gautam Chand (1978) 1 SCC 421: Held that pharmacy retail dispensaries must verify batch numbers and genuine manufacturer packaging.
Courtroom Practice & Strategic Litigation Guidance:

Pharmacists can invoke statutory protection if they purchased the medicine from a licensed manufacturer under a written warranty/invoice and stored it properly.

Section 276 All 358 Sections of Bharatiya Nyaya Sanhita Section 278