Sale of adulterated drugs
Section 277 of the Bharatiya Nyaya Sanhita, 2023 deals with sale of adulterated drugs. 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 cause The Act came into force on 01 Jul 2024.
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.
Section 277, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 275 Sale of adulterated drugs Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Sale of adulterated drugs. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Rakesh Kumar vs State of Bihar& ANR.
Decided under Indian Penal Code 275, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an Inspector validly lodges an FIR under Section 32(1)(a) of the Drugs and Cosmetics Act for offences including sale of expired drugs and violation of drug regulations, and the police conduct proper investigation and submit a charge-sheet, the Magistrate's cognizance order based on prima facie case is legally valid and cannot be quashed under Section 482 CrPC merely because the petitioner claims procedural defects or administrative violations in the parallel licence cancellation proceedings.
On this section: Offence of sale of adulterated drugs
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 277
What have the courts held on Section 277 of the Bharatiya Nyaya Sanhita?
Rakesh Kumar vs State of Bihar& ANR. (27 Sep 2018) is the leading judgment on this section among those set out below, though it was decided under IPC 275, which this section replaced -- the court never mentioned this Act: Offence of sale of adulterated drugs.
Is Section 277 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 277 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 277 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 277, section 277 BNS, section 277 of the Bharatiya Nyaya Sanhita. People searching for it also type 277 bns punishment and 277 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rakesh Kumar vs State of Bihar& ANR. (27 Sep 2018).
What should I read with Section 277 of the Bharatiya Nyaya Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward IPC 275 (Sale of adulterated drugs), so the judgments decided under that provision are the case law on this one.
When did Section 277 of the Bharatiya Nyaya Sanhita come into force?
Section 277 of the Bharatiya Nyaya Sanhita, cited as BNS 277, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.