Code: Section 277 BNS
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.
Explanation of Section 277 BNS
Section 277 of the Bharatiya Nyaya Sanhita (BNS), 2023 aims to curb the dangerous practice of selling adulterated drugs. It criminalizes the act of knowingly selling or distributing drugs that have been tampered with, reducing their medicinal value or making them harmful. This section is vital in ensuring the safety and well-being of consumers who rely on medicines for their health.
Key Features:
- Applicability: Covers all individuals or entities involved in the sale, distribution, or dispensation of drugs.
- Criminal Intent: The law focuses on cases where the seller has knowledge of the adulteration.
- Punishment: Imprisonment up to six months, a fine up to ₹5,000, or both.
Illustration of Section 277 BNS
- Selling Adulterated Antibiotics:
Rahul, a chemist, sells antibiotics mixed with cheap substances that reduce their effectiveness. He is aware of the adulteration but continues to sell them. - Fake Painkillers in a Dispensary:
Maya, a dispensary owner, distributes painkillers that contain harmful additives. She knowingly offers them to patients without informing them about the adulteration. - Adulterated Herbal Medicine:
Arjun sells herbal remedies claiming they are pure, but they contain synthetic chemicals. He knows about the adulteration but deceives consumers for profit.
Common Questions About Section 277 BNS
1. What does Section 277 prohibit?
- Answer: It prohibits the sale, offering for sale, or distribution of adulterated drugs when the seller knows about the adulteration.
2. Does this apply to both prescription and over-the-counter drugs?
- Answer: Yes, it applies to all types of medicinal products, including prescription and over-the-counter drugs.
3. What are the punishments under Section 277?
- Answer: Offenders may face up to six months of imprisonment, a fine up to ₹5,000, or both.
4. Is ignorance a defense under this section?
- Answer: No, the law specifically targets individuals who have knowledge of the adulteration.
5. Can pharmacies be held liable under this section?
- Answer: Yes, pharmacies can be held accountable if they knowingly sell adulterated drugs.
Conclusion
Section 277 of the Bharatiya Nyaya Sanhita (BNS), 2023 is a critical legal safeguard against the sale of adulterated drugs, which pose severe risks to public health. It ensures that those who knowingly compromise the safety and efficacy of medicinal products are held accountable. This provision reinforces the importance of ethical practices in the pharmaceutical industry and protects consumers from health hazards.
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