Bailabel Type : bailable

Description

Section 273 - Sale of Noxious Food or Drink

Text of Section 273:

"Whoever sells, or offers for sale, any food or drink which is noxious, shall be punished with imprisonment of either description for a term which may extend to six months, or with a fine, or with both."

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Detailed Explanation of Section 273:

Section 273 of the Indian Penal Code (IPC) addresses the sale of noxious food or drink. It specifically targets individuals or businesses that sell or offer for sale food or drinks that are harmful to human health. The primary objective of this section is to ensure that only safe and healthy products reach consumers and to deter anyone from engaging in the sale of harmful food or drink.

A noxious substance in this context refers to any food or drink that is contaminated, unsafe, or injurious to health when consumed. It includes food or drinks that may be toxic, infected with bacteria, have harmful chemicals, or contain substances that could result in food poisoning, diseases, or other health hazards.

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Key Elements of Section 273:

1. Sale of Noxious Food or Drink:

   • The focus of Section 273 is on the sale or offer for sale of food or drink that is noxious. The act of sale includes not just the direct selling of food but also offering it in stores, markets, or through any commercial channels.

2. Noxious:

   • The term noxious refers to any substance that is harmful or injurious to human health. This can include:
     • Contaminated food or drink.
     • Food poisoning-inducing substances, such as rotten food.
     • Harmful chemicals, like preservatives or artificial colors that could be toxic.
     • Spoiled or expired food.
     • Diseased or infected food items, such as meat from animals that have not been inspected for diseases.

3. Intent to Sell:

   • The section criminalizes the sale or offer for sale of noxious food. It is not enough for the seller to be unaware of the harmful nature of the product. The law assumes that the seller should be aware of the dangers of selling such items. However, the prosecution must still prove that the food or drink was noxious and intended for sale.

4. Protection of Public Health:

   • Section 273 is a public health provision aimed at preventing the sale of food or drink that can lead to serious health consequences. The law is essential for maintaining standards of food safety and ensuring that the public is protected from harmful substances being sold as food or drink.

Punishment

Punishment Under Section 273:

1. Imprisonment:

   • A person convicted under Section 273 may face imprisonment of either description (which means the person could be sentenced to either rigorous imprisonment or simple imprisonment) for a term that may extend to six months.
   • The exact length of imprisonment will depend on the severity of the offense, including the harm caused to public health, if any.

2. Fine:

   • A fine may also be imposed as a punishment. The fine serves as both a deterrent and a punitive measure. It can vary depending on the extent of the harm caused or the profit motive behind selling noxious food.

3. Both Imprisonment and Fine:

   • The offender may also be subjected to both imprisonment and a fine as a punishment for the offense. The court will decide on the severity of the penalty based on the specific circumstances and the harm caused by the sale of noxious food.

In essence, the law gives the court discretion to impose imprisonment, fine, or both depending on the circumstances of the case, particularly the extent of harm caused and the negligence or intent involved in the sale of noxious substances.