Code: Section 275 BNS
Whoever sells, or offers or exposes for sale, as food or drink, any article which
has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or
having reason to believe that the same is noxious as food or drink, 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.
Explanation of Section 275 BNS
Section 275 of the Bharatiya Nyaya Sanhita (BNS), 2023 focuses on the illegal sale of noxious or unfit food and drink. This section aims to protect public health by imposing penalties on individuals who knowingly sell harmful or contaminated food products. The law covers not only the act of selling but also offering or exposing such products for sale.
Key Features:
- Scope: Applies to anyone who sells or offers food or drink that is unsafe, contaminated, or unfit for consumption.
- Definition of ‘Noxious’: Refers to any article that poses health risks, such as spoiled, contaminated, or adulterated food and beverages.
- Punishment: Imprisonment up to six months, a fine up to ₹5,000, or both.
Illustration of Section 275 BNS
- Selling Expired Milk:
Rahul sells milk that has gone sour, knowingly offering it as fresh. This act puts consumers at risk of foodborne illness and is punishable under Section 275. - Contaminated Packaged Snacks:
Anjali sells packaged snacks that have mold and an unpleasant smell, despite knowing they are unfit for consumption. She can be penalized under this section. - Selling Rotten Vegetables:
Suresh offers for sale vegetables that are visibly rotting and contaminated, knowing they are unsafe. This is an offense under Section 275.
Common Questions About Section 275 BNS
1. What does ‘noxious’ food or drink mean?
- Answer: Noxious food or drink refers to any item that is harmful to health, such as spoiled, contaminated, adulterated, or expired products.
2. Does this section apply to both individuals and businesses?
- Answer: Yes, it applies to both individuals and commercial entities involved in the sale of harmful food and drink products.
3. What are the penalties for violating Section 275?
- Answer: The offender may face imprisonment for up to six months, a fine up to ₹5,000, or both.
4. Is it necessary to prove that someone fell ill due to the noxious food?
- Answer: No, it is not necessary to prove actual harm. The law focuses on the intent and the state of the food or drink being unfit for consumption.
5. Can a person be punished if they unknowingly sell noxious food?
- Answer: No, the section specifically applies to those who knowingly sell or offer noxious food or drink.
Conclusion
Section 275 of the Bharatiya Nyaya Sanhita (BNS), 2023 serves as a critical safeguard against the sale of harmful food and drink. It holds individuals and businesses accountable for endangering public health through the sale of unfit products. By imposing stringent penalties, the law ensures that food safety standards are maintained, promoting consumer protection across the country.
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