Section Overview
Section Number:
IPC Section 273
Section Title:
Sale of Adulterated Food or Drink
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with similar provisions continuing under food safety and public health laws.
Applicability:
IPC Section 273 applies when:
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A person sells food or drink for human consumption;
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The food or drink is adulterated, impure, or unsafe;
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The accused knows or has reason to believe it is adulterated;
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The item is intended for sale or distribution;
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The act poses risk to public health or deceives consumers.
This section directly targets sellers in the food supply chain.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 273 ka simple matlab hai ki agar koi vyakti aisa khana ya peene ki cheez bechta hai jisme milawat hai aur use pata hai ya andaza hai ki woh unsafe hai, to woh crime karta hai.
Simple words mein:
"Adulterated ya unsafe food bechna illegal hai."
Is section ka focus sellers par hota hai jo knowingly harmful food market mein bechte hain.
Legal Definition (Original Law Text)
IPC Section 273 provides in substance:
Whoever sells, or offers or exposes for sale, any article of food or drink which is adulterated or noxious, knowing or having reason to believe it to be so, commits an offence.
Practical Interpretation
Courts generally examine:
Sale or Offer for Sale
The accused must be involved in:
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Selling;
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Offering for sale;
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Displaying for sale;
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Distributing food or drink.
Nature of Food or Drink
The product must be:
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Adulterated;
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Contaminated;
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Unsafe;
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Harmful for consumption.
Knowledge
The accused must know or have reason to believe the product is unsafe.
Consumer Exposure
The food must be intended for human consumption.
Why IPC Section 273 Was Introduced?
Without regulation:
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Unsafe food could be freely sold;
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Consumers would face health risks;
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Market trust would decline;
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Foodborne diseases could spread widely.
Therefore, selling adulterated food was criminalized.
Importance of the Provision
IPC Section 273 ensures:
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Public health protection;
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Consumer safety;
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Accountability of sellers;
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Food quality regulation.
It is a key consumer protection provision in IPC.
Relationship with IPC Section 272
IPC Section 272
Deals with adulteration of food or drink.
IPC Section 273
Deals with sale of adulterated food or drink.
Thus:
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Section 272 = making adulterated food;
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Section 273 = selling adulterated food.
Punishment & Legal Classification
Punishment
IPC Section 273 provides:
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Imprisonment up to 6 months; OR
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Fine; OR
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Both.
Punishment depends on:
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Severity of adulteration;
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Health impact;
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Intent of the accused.
Bailable / Non-Bailable
Generally Bailable.
Cognizable / Non-Cognizable
Generally Non-Cognizable.
Compoundable
Generally Compoundable (subject to court permission in serious cases).
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 273
BNS Equivalent
The Bharatiya Nyaya Sanhita includes corresponding provisions dealing with:
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Food safety violations;
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Consumer protection;
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Public health offences;
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Adulteration and sale of unsafe food.
Status
IPC repealed and replaced by BNS.
However, food safety principles remain strongly protected under the new framework.
Real-Life Examples
Example 1: Milk Seller Case
A vendor knowingly sells milk mixed with harmful chemicals or water beyond permissible limits.
IPC Section 273 may apply.
Example 2: Expired Food Sale
A shopkeeper sells expired packaged food items despite knowing they are unsafe.
This falls within Section 273.
Example 3: Street Food Contamination
A food vendor sells contaminated or unhygienic food causing health risks.
The offence under IPC Section 273 is attracted.
Landmark Judgments
Case Name:
Municipal Corporation of Delhi v. Shiv Shanker
Court:
Supreme Court of India
Key Takeaway:
Food safety laws must be strictly enforced to protect public health.
Case Name:
Consumer Education & Research Centre v. Union of India
Court:
Supreme Court of India
Key Takeaway:
Right to safe food is part of Article 21 (Right to Life).
Case Name:
State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat
Court:
Supreme Court of India
Key Takeaway:
Public health and safety justify strict regulation of food trade.
Legal Insights
When Is This Section Applied?
IPC Section 273 is commonly applied when:
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Adulterated food is sold in markets;
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Unsafe food is distributed to consumers;
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Health violations are discovered in inspections;
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Food safety standards are breached.
Common Misuse Scenarios
Milk Adulteration Sale
Selling chemically mixed milk.
Expired Goods Sale
Selling expired packaged food knowingly.
Low-Quality Substitution
Selling inferior substitutes as original products.
Street Food Hazards
Selling unsafe or contaminated food items.
Defenses Available
Lack of Knowledge
The seller was unaware of adulteration.
No Intent
No intention to sell unsafe food.
Supplier Responsibility
Adulteration occurred before possession.
False Allegation
Wrongly implicated by inspection reports.