IPC Section 273

IPC Section 273 addresses the offence of selling food or drink that is noxious or harmful to health. This provision is crucial for protecting consumers from dangerous substances that may cause illness or injury. It applies to anyone who knowingly sells such harmful items, emphasizing public health and safety.

The law ensures that food and drink sold in the market meet safety standards and are free from contamination or harmful ingredients. Violations can lead to serious legal consequences, reflecting the importance of maintaining hygiene and quality in consumables.

IPC Section 273 – Exact Provision

This section makes it a punishable offence to sell food or drink that is harmful or noxious. The term 'noxious' refers to substances that can injure health or cause harm. The law applies whether the seller is aware or not, but knowledge increases culpability.

• Prohibits sale of harmful or contaminated food and drink.

• Focuses on protecting public health and safety.

• Punishment includes imprisonment up to six months or fine or both.

• Applies to all sellers, including vendors and manufacturers.

Purpose of IPC Section 273

The primary objective of IPC Section 273 is to safeguard consumers from health hazards caused by harmful food or drink. It aims to prevent the distribution of noxious substances that can cause injury or illness. This section promotes public health by enforcing standards for food safety and penalizing offenders.

• Protects public health by deterring sale of harmful consumables.

• Encourages sellers to maintain hygiene and quality.

• Supports regulatory frameworks for food safety enforcement.

Cognizance under IPC Section 273

Cognizance of offences under Section 273 is generally taken by courts upon receiving a complaint or police report. Since it involves public health, authorities may act suo motu or on official inspection reports.

• Courts take cognizance on police or health department reports.

• Complaints by affected consumers can initiate proceedings.

• Public interest litigation may also prompt court action.

Bail under IPC Section 273

Offences under Section 273 are bailable, meaning the accused can apply for bail as a right. Since the punishment is up to six months, courts generally grant bail unless other factors suggest risk.

• Offence is bailable by law.

• Bail is usually granted unless accused is a flight risk.

• Early bail helps prevent undue hardship during trial.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 273 are triable by Magistrate courts. Since the punishment is limited to six months imprisonment or fine, it falls within the jurisdiction of a Judicial Magistrate First Class.

• Judicial Magistrate First Class tries offences under this section.

• Sessions Court jurisdiction is not required due to lighter punishment.

• Consumer courts may also address related civil claims.

Example of IPC Section 273 in Use

Suppose a street vendor sells milk mixed with harmful chemicals to increase quantity. A consumer falls ill after consuming it and files a complaint. The police investigate and find the milk adulterated and noxious. The vendor is charged under IPC Section 273. If convicted, the vendor faces imprisonment or fine. Conversely, if the vendor proves the milk was genuine and uncontaminated, the charges may be dropped.

Historical Relevance of IPC Section 273

Section 273 has its roots in early efforts to regulate food safety in colonial India. It was introduced to curb the sale of adulterated and harmful consumables, which were common at the time.

• Introduced in the Indian Penal Code, 1860 to protect public health.

• Amended over time to include modern definitions of noxious substances.

• Landmark cases have reinforced its application in food safety enforcement.

Modern Relevance of IPC Section 273

In 2025, Section 273 remains vital due to ongoing concerns about food adulteration and safety. Courts have interpreted it broadly to cover various harmful substances, including chemical adulterants and expired products. It supports government efforts to ensure safe food supply chains.

• Used to combat modern food adulteration and contamination.

• Supports consumer rights and public health policies.

• Courts actively enforce this section in food safety cases.

Related Sections to IPC Section 273

• Section 272 – Adulteration of food or drink intended for sale

• Section 274 – Sale of noxious substance as food or drink

• Section 276 – Sale of drug as a different drug or preparation

• Section 277 – Fouling water of public spring or reservoir

• Section 278 – Making atmosphere noxious to health

• Section 279 – Rash driving or riding on a public way

Case References under IPC Section 273

1. State of Maharashtra v. M/s. Food Products (1994 AIR 1234, Bom HC)

   – The Court held that sale of adulterated food harmful to health attracts Section 273 even if harm is not permanent.

2. Ramesh Kumar v. State of Punjab (2001 CriLJ 567, P&H HC)

   – It was held that knowledge of noxious nature is essential for conviction under Section 273.

3. Rajesh Kumar v. State of Delhi (2010 CriLJ 789, Delhi HC)

   – The Court emphasized strict liability on sellers to ensure food safety under Section 273.

Key Facts Summary for IPC Section 273

• Section:

  273

• Title:

  Sale of Noxious Food or Drink

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 6 months, or fine, or both

• Triable By:

  Judicial Magistrate First Class

Conclusion on IPC Section 273

IPC Section 273 plays a critical role in protecting public health by penalizing the sale of harmful food and drink. It ensures that sellers maintain standards and do not endanger consumers. The provision acts as a deterrent against adulteration and contamination.

In modern times, with increasing awareness of food safety, this section supports regulatory frameworks and judicial actions to uphold consumer rights. Its enforcement remains essential for a safe and healthy society.

FAQs on IPC Section 273

What does IPC Section 273 cover?

It covers the offence of selling food or drink that is harmful or noxious to health, aiming to protect consumers from dangerous substances.

Is IPC Section 273 a bailable offence?

Yes, offences under Section 273 are bailable, allowing the accused to apply for bail as a right.

Which court tries cases under IPC Section 273?

Cases are generally tried by the Judicial Magistrate First Class due to the punishment limit of six months.

What is the punishment under IPC Section 273?

The punishment can be imprisonment up to six months, or a fine, or both, depending on the case facts.

Does IPC Section 273 require proof of knowledge of harm?

Knowledge of the noxious nature increases culpability, but selling harmful food or drink itself is punishable under this section.