Bailabel Type : bailable

Description

Section 275 - Sale of Adulterated Drugs

Text of Section 275:

"Whoever sells, or offers for sale, any drug which is adulterated shall be punished with imprisonment for a term which may extend to one year, or with a fine, or with both."

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Detailed Explanation of Section 275:

Section 275 of the Indian Penal Code (IPC) specifically addresses the sale of adulterated drugs. This provision focuses on penalizing individuals who sell or offer for sale drugs that are adulterated, i.e., those that have been intentionally tampered with, diluted, or mixed with harmful substances to reduce their quality, effectiveness, or safety. Adulteration can be done either by the manufacturer or by the dealer in the distribution chain.

Key Elements of Section 275:

1. Sale of Adulterated Drugs:

   • The core offense under Section 275 is the act of selling or offering for sale any adulterated drug. Adulteration refers to the practice of altering the original composition of the drug by mixing it with cheaper, inferior, or harmful substances. This renders the drug unsafe and potentially harmful to consumers.
   • Adulterated drugs can include those that have been tampered with to increase shelf life, reduce production cost, or mislead the consumer regarding its efficacy and safety.

2. Knowingly or Willfully Selling Adulterated Drugs:

   • The law specifically targets individuals who knowingly or willfully sell adulterated drugs. If a person is aware or has reason to believe that the drug they are selling is adulterated and still chooses to sell it, they can be held liable under this section.

3. Punishment:

   • If found guilty, the person can be subjected to either imprisonment, a fine, or both.

Punishment

Punishment under Section 275:

1. Imprisonment:

   • The punishment for selling adulterated drugs can extend to one year of imprisonment. The nature of the imprisonment may be either rigorous (with hard labor) or simple depending on the circumstances of the case. For example, if the sale of adulterated drugs has led to serious harm or death, the court may impose the harsher type of imprisonment.

2. Fine:

   • The accused may also be fined, though the specific amount of the fine is not mentioned. The fine will be determined based on the case's severity, the harm caused, or any profits made from the sale of adulterated drugs.

3. Both Imprisonment and Fine:

   • The court can also impose both imprisonment and a fine, depending on the circumstances. This combination is typically used for serious offenses, especially when the seller’s actions were intentional or the drugs caused significant harm.