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.
Simplified Explanation
Section 275 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with the sale of noxious food or drink—meaning food or drink that has been contaminated or rendered harmful and unsafe for consumption. This section holds individuals criminally liable if they knowingly sell, offer, or expose for sale such harmful products. Here’s a detailed breakdown:
1. Sale or Exposure for Sale of Noxious Food or Drink
- Selling or Offering for Sale: This section applies to individuals who either directly sell or offer to sell food or drink that is harmful or unfit for consumption.
- Exposure for Sale: This refers to displaying or making the product available for sale, whether or not an actual transaction occurs. It includes placing the noxious product on a shelf in a store or market where it can be purchased.
2. Noxious Food or Drink
- Noxious refers to food or drink that has become unsafe, harmful, or unhealthy for consumption. This could be due to:
- Adulteration (mixing with harmful substances).
- Contamination (presence of bacteria, chemicals, or pathogens).
- Decomposition or Spoilage (such as rotten food).
- The food or drink may have been rendered noxious or may have naturally become unfit for consumption, such as spoiled, contaminated, or contaminated during the storage or transportation process.
- Example: Selling expired or rotting meat, food contaminated with chemicals or toxins, or offering spoiled milk as fresh would all be considered “noxious.”
3. Knowledge or Reason to Believe
- The individual selling, offering, or exposing the noxious food or drink must know or have reason to believe that the product is harmful or unfit for consumption.
- Example: If a vendor sells milk that has gone sour or has an unpleasant smell, and they are aware that it is spoiled but still attempt to sell it to customers, they would be violating this section. Even if the seller didn’t directly know, but had reason to believe (e.g., receiving complaints or being aware of storage issues), they would be criminally responsible.
4. Punishment
If someone sells, offers, or exposes noxious food or drink for sale, they are subject to the following penalties:
- Imprisonment: A term of imprisonment that may extend to six months. This is a criminal offense because the action directly impacts public health and safety.
- Fine: A fine of up to five thousand rupees may be imposed for the sale of noxious food or drink. This monetary penalty serves as a deterrent.
- Both: In certain cases, the court may impose both imprisonment and a fine, depending on the severity of the offense.
5. Purpose of the Section
- Section 275 is designed to protect consumers from harmful and unsafe food and drink by criminalizing the sale or offering for sale of products that have been made unsafe for consumption, whether through spoilage, contamination, or other harmful alterations.
- The section specifically targets individuals who engage in deliberate or negligent sales of food and drink that could jeopardize public health. It ensures that sellers are held responsible for ensuring the safety of the food or drink they offer.
6. Real-Life Examples
- Example 1: A shopkeeper sells bottled fruit juice that has passed its expiration date and has started to ferment, making it harmful to consumers. If the shopkeeper knows that the juice is no longer safe to drink but still offers it for sale, they would be violating Section 275.
- Example 2: A restaurant serves meat that is improperly stored and has spoiled, knowing that the meat is no longer fit for consumption. If the restaurant knowingly sells or serves this to customers, they could face penalties under this section.
- Example 3: A street food vendor selling street snacks made with contaminated water or spoiled ingredients, despite knowing the food is harmful, would be committing an offense under Section 275.
7. Conclusion
Section 275 of the Bhartiya Nyaya Sanhita, 2023 criminalizes the sale, offering, or exposing for sale of noxious or unfit food and drink. Individuals who knowingly sell contaminated, spoiled, or adulterated food and drink are subject to imprisonment of up to six months, a fine up to five thousand rupees, or both. This provision is essential for protecting public health and ensuring that the food and drink sold to consumers are safe and fit for consumption.
