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.
Simplified Explanation
Section 277 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with the sale of adulterated drugs or medical preparations. It criminalizes the act of knowingly selling, offering, or issuing adulterated drugs, where the adulteration has reduced the drug’s efficacy, altered its intended operation, or made it harmful (noxious). Here’s a detailed breakdown of the section:
1. Sale or Offering for Sale of Adulterated Drugs
- Adulteration of drugs refers to altering the drug by adding harmful or ineffective substances that:
- Lessen its efficacy: Reducing the strength or therapeutic value of the drug, so it doesn’t perform as intended.
- Change its operation: Altering the way the drug functions in the body, either making it less effective or causing unintended harmful effects.
- Render it noxious: Making the drug harmful, unsafe, or toxic for consumption.
- Knowing the adulteration: The individual involved in the sale, offer, or exposure for sale must know that the drug has been adulterated in such a way that it is ineffective, altered, or harmful. This includes:
- Selling the adulterated drug directly to consumers.
- Offering the adulterated drug for sale.
- Exposing it for sale, such as displaying it in a store or a pharmacy.
- Issuing from a dispensary: Dispensing adulterated drugs from a pharmacy or medical dispensary as if they were unadulterated.
- Issue for Medicinal Purposes: The section also covers cases where a medical professional or dispensary issues the adulterated drug for medicinal use, without informing the person receiving the drug about the adulteration.
2. Intended for Medicinal Purposes
- The adulterated drug is meant to be used for medicinal purposes, which is an important part of the section. The adulteration is particularly harmful in the context of drugs and medical preparations, as patients rely on the integrity of the medicine for treatment or health benefits.
- Example: A pharmacist knowingly dispenses a prescription drug that has been diluted or altered in a way that reduces its effectiveness or makes it toxic, without informing the patient about the adulteration.
3. Punishable Acts
If someone is found guilty of selling, offering, exposing for sale, or issuing adulterated drugs for medicinal purposes, they can face the following penalties:
- Imprisonment: The person may be punished with imprisonment of up to six months. The imprisonment term reflects the serious impact that selling adulterated drugs can have on health.
- Fine: A fine of up to five thousand rupees may be imposed, serving as both a deterrent and a penalty.
- Both: In some cases, the court may impose both imprisonment and a fine, depending on the severity of the offense.
4. Purpose of the Section
- Section 277 seeks to protect public health by criminalizing the sale of adulterated drugs. Since medicines and medical preparations are vital for treating illnesses and conditions, adulterating them not only compromises treatment but can also harm patients.
- By penalizing individuals who knowingly sell or distribute adulterated drugs, the law aims to prevent the circulation of ineffective, altered, or harmful medications. It ensures that only drugs that are safe and effective for medicinal purposes are made available to the public.
5. Real-Life Examples
- Example 1: A drug supplier knowingly sells a batch of antibiotics that has been diluted or altered to reduce the drug’s potency, but still markets it as a full-strength antibiotic. This would be an offense under Section 277.
- Example 2: A pharmacy sells a bottle of cough syrup that has been contaminated with harmful chemicals, without informing the customer that the product is adulterated. If the pharmacy knows the adulteration and still dispenses the drug, it violates Section 277.
- Example 3: A hospital or clinic administers an altered form of a medicine (e.g., a diluted cancer treatment drug) to patients, knowing that it is no longer effective for treating the disease. The hospital would be committing an offense under this section.
6. Conclusion
Section 277 of the Bhartiya Nyaya Sanhita, 2023 targets the sale, offering, exposure for sale, and issuance of adulterated drugs for medicinal purposes. It criminalizes the act of knowingly distributing drugs that have been altered to lessen their effectiveness, change their intended effects, or make them harmful. The penalties include imprisonment for up to six months, a fine of up to five thousand rupees, or both. This section plays a crucial role in ensuring that medicinal products are safe, effective, and trustworthy, protecting public health from the risks associated with adulterated drugs.
