Sale of noxious food or drink:- 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 one thousand rupees, or with both.
Classification of Offence
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
| Selling any food or drink as food and drink, knowing the same to be noxious. | Imprisonment for 6 months, or fine of 1000 rupees, or both. | Non-Cognizable |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
| Bailable | Any Magistrate | Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |
Supreme Court of India Important Judgments And Case Law Related to Section 273 of Indian Penal Code 1860:
| Swami Achyutanand Tirth & Ors vs Union Of India & Ors on 5 August, 2016 |
| Kartar Singh vs State Of Punjab on 11 March, 1994 |
| Ravindersingh @ Ravi Pavar vs State Of Gujarat on 22 February, 2013 |
| The State Of Maharashtra vs Sayyed Hassan Sayyed Subhan on 20 September, 2018 |
| Dharampal Satyapal Ltd. vs State Of U.P. And Ors. on 28 October, 2002 |
| The State Of Uttar Pradesh vs Aman Mittal on 4 September, 2019 |
| Ramekbal Tiwari vs Madan Mohan Tiwari & Anr on 17 January, 1967 |
| The State Of Arunachal Pradesh vs Ramchandra Rabidas @ Ratan on 4 October, 2019 |
| Ranbir Yadav vs State Of Bihar on 21 March, 1995 |
| Nageshwar Shri Krishna Ghobe vs State Of Maharashtra on 19 September, 1972 |
FAQs on Sale of Noxious Food or Drink
Section 273 of the Indian Penal Code addresses the offense of selling, offering, or exposing for sale any article as food or drink, knowing that it has become noxious or is unfit for consumption. The section aims to prevent the sale of harmful or dangerous food or drink to the public.
An article is considered “noxious” if it is harmful, poisonous, or dangerous to human health when consumed. It is deemed “unfit for food or drink” if it is in a condition that makes it unsafe for consumption due to spoilage, contamination, or any other reason.
A person found guilty of selling noxious food or drink can face imprisonment for a term that may extend up to six months, a fine that may extend up to one thousand rupees, or both, as decided by the court.
The offense of selling noxious food or drink is non-cognizable. This means that the police cannot arrest the accused without a warrant and cannot initiate an investigation without permission from the court.
Read also:- IPC Section 264: Fraudulent Use Of False Instrument For Weighing
IPC Section 273: Sale of noxious food or drink,IPC Section 273: Sale of noxious food or drink
