Section Overview
Section Number:
IPC Section 275
Section Title:
Sale of Adulterated Drugs or Medicines
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023, with corresponding provisions relating to pharmaceutical safety and public health continuing in substance.
Applicability:
IPC Section 275 applies when:
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A person sells, offers for sale, or distributes a drug or medicinal preparation;
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The drug is adulterated, impure, or ineffective;
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The accused knows or has reason to believe the adulteration;
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The product is intended for medical use;
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The act endangers public health or misleads consumers.
This section specifically targets the sale and distribution stage of pharmaceutical fraud.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 275 ka simple matlab hai ki agar koi vyakti nakli ya milawati dawa (medicine) bechta hai aur use pata hai ki woh unsafe hai, to woh crime karta hai.
Simple words mein:
"Adulterated ya fake medicines bechna illegal hai."
Yeh section patient safety ko protect karta hai.
Legal Definition (Original Law Text)
IPC Section 275 provides in substance:
Whoever sells, or offers or exposes for sale, any drug or medicinal preparation 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 Distribution
The accused must be involved in:
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Selling medicines;
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Offering medicines for sale;
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Distributing pharmaceutical products.
Nature of Drug
The medicine must be:
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Adulterated;
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Contaminated;
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Ineffective;
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Harmful or unsafe.
Knowledge or Belief
The accused must know or have reason to believe the drug is unsafe.
Consumer Risk
The product must be intended for human medical use.
Why IPC Section 275 Was Introduced?
Medicines directly affect human life and recovery.
Without regulation:
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Fake medicines could circulate freely;
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Patients could suffer serious harm;
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Medical treatment could fail;
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Public trust in healthcare would collapse.
Therefore sale of adulterated medicines was criminalized.
Importance of Drug Safety Regulation
This section ensures:
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Safe pharmaceutical market;
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Protection of patients;
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Accountability of sellers;
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Trust in healthcare systems.
It is a key public health safeguard.
Relationship with IPC Section 274
IPC Section 274
Deals with adulteration of drugs.
IPC Section 275
Deals with sale of adulterated drugs.
Thus:
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Section 274 = making adulterated drugs;
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Section 275 = selling adulterated drugs.
Punishment & Legal Classification
Punishment
IPC Section 275 provides:
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Imprisonment up to 6 months; OR
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Fine; OR
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Both.
Stricter penalties may apply under drug control laws depending on severity.
Bailable / Non-Bailable
Generally Bailable.
Cognizable / Non-Cognizable
Generally Non-Cognizable.
Compoundable
Generally Compoundable (subject to court approval).
Triable By
Any Magistrate.
IPC ↔ BNS Mapping
IPC Section
IPC Section 275
BNS Equivalent
Bharatiya Nyaya Sanhita contains corresponding provisions relating to:
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Drug safety violations;
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Pharmaceutical fraud;
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Public health offences;
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Sale of adulterated medicines.
Status
IPC repealed and replaced by BNS.
However, pharmaceutical safety remains strongly protected under the new framework.
Real-Life Examples
Example 1: Fake Antibiotics Sale
A chemist knowingly sells antibiotics that are diluted and ineffective.
IPC Section 275 may apply.
Example 2: Expired Medicine Distribution
A distributor sells expired medicines to pharmacies.
This falls under Section 275.
Example 3: Substandard Drug Sale
A supplier sells medicines with incorrect composition affecting treatment.
The offence under IPC Section 275 is attracted.
Landmark Judgments
Case Name:
Union of India v. Ashok Pharmaceutical Works
Court:
Supreme Court of India
Key Takeaway:
Drug safety is part of the right to life under Article 21.
Case Name:
Poonam Verma v. Ashwin Patel
Court:
Supreme Court of India
Key Takeaway:
Unsafe medical products and negligence can lead to serious legal liability.
Case Name:
Municipal Corporation of Delhi v. Shiv Shanker
Court:
Supreme Court of India
Key Takeaway:
Public health laws must be strictly enforced to protect citizens.
Legal Insights
When Is This Section Applied?
IPC Section 275 is applied when:
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Fake medicines are sold in markets;
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Expired drugs are distributed;
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Pharmacies sell adulterated products;
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Health inspections find violations.
Common Misuse Scenarios
Chemist Shop Fraud
Selling adulterated or expired medicines.
Pharmaceutical Supply Chain Fraud
Distribution of substandard drugs.
Mislabelled Medicine Sales
Incorrect composition or labeling.
Online Medicine Fraud
Selling fake medicines through digital platforms.
Defenses Available
Lack of Knowledge
The accused was unaware of adulteration.
No Intent
No knowledge or belief that medicine was unsafe.
Supplier Liability
Fault lies with upstream manufacturer.
False Implication
Wrongly accused in supply chain investigation.