KembaraXtra - Bharatiya Nyaya Sanhita - Section 277: Sale of Adulterated Drugs

Introduction

Section 277 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the sale or medicinal use of adulterated drugs or medical preparations.

The provision applies where a person knows that a drug or medical preparation has been adulterated in a manner that:

• Lessens its efficacy;
• Changes its operation; or
• Renders it noxious,

and nevertheless:

• Sells it;
• Offers it for sale;
• Exposes it for sale;
• Issues it from a dispensary as though it were unadulterated; or
• Causes it to be used medicinally by a person who does not know of the adulteration.

The essence of the offence is therefore:

Knowledge of adulteration + dealing with the drug as though it were safe or unadulterated

Basic Formula

Adulterated drug + knowledge + sale/offer/exposure/dispensing/use + treated as unadulterated = Section 277

Q1. What does Section 277 provide?

Answer:

Section 277 punishes a person who, knowing that a drug or medical preparation has been adulterated in such a manner as to:

• Lessen its efficacy;
• Change its operation; or
• Render it noxious,

does any of the following:

• Sells it;
• Offers it for sale;
• Exposes it for sale;
• Issues it from a dispensary for medicinal purposes as unadulterated; or
• Causes it to be used for medicinal purposes by a person who does not know of the adulteration.

The punishment is:

• Imprisonment of either description up to six months; or
• Fine up to ₹5,000; or
• Both.

Q2. What is the object of Section 277?

Answer:

The object is to protect public health by preventing adulterated medicines from being supplied or used as though they were proper and unadulterated.

Drugs are consumed in reliance upon their expected:

• Strength;
• Purity;
• Effect;
• Safety.

If adulteration reduces efficacy, alters the way the medicine operates or makes it harmful, supplying it to an unsuspecting patient can create serious risks.

Q3. Which IPC provision corresponds to Section 277 BNS?

Answer:

According to the supplied comments:

Section 277 BNS → Section 275 IPC

The language remains unchanged.

The principal BNS change concerns the amount of fine.

Q4. What change has been made to the fine?

Answer:

According to the supplied comments:

Under IPC Section 275

Maximum fine = ₹1,000

Under BNS Section 277

Maximum fine = ₹5,000

Memory Formula

₹1,000 → ₹5,000

Q5. What are the essential ingredients of Section 277?

Answer:

The prosecution must broadly prove:

1.     There was a:

o    Drug; or

o    Medical preparation.

2.     It had been adulterated.

3.     The adulteration:

o    Lessened its efficacy; or

o    Changed its operation; or

o    Rendered it noxious.

4.     The accused knew of the adulteration.

5.     The accused:

o    Sold it;

o    Offered it for sale;

o    Exposed it for sale;

o    Issued it from a dispensary as unadulterated; or

o    Caused it to be used medicinally by a person unaware of the adulteration.

Formula

ADULTERATION + KNOWLEDGE + IMPAIRED/HARMFUL DRUG + SUPPLY/USE = SECTION 277

Q6. What is the most important mental element under Section 277?

Answer:

The section expressly requires knowledge.

The accused must know that the drug or medical preparation has been adulterated in the prohibited manner.

Memory

277 = KNOWINGLY DEALING WITH ADULTERATED MEDICINE

Q7. Is mere negligence enough?

Answer:

No.

The supplied wording requires the accused to act knowing that the drug or medical preparation has been adulterated.

A purely careless failure to discover adulteration would not by itself satisfy this specific wording.

Q8. Must the accused have adulterated the drug personally?

Answer:

No.

Section 277 does not require that the accused be the person who originally adulterated the medicine.

It is enough that:

• The drug is adulterated in the prohibited way;
• The accused knows this; and
• The accused sells, offers, exposes, dispenses or causes it to be used.

Exam Point

Adulterator and seller need not be the same person.

Q9. What kinds of adverse changes in the drug are covered?

Answer:

The section identifies three alternatives:

1.     Lessens its efficacy

2.     Changes its operation

3.     Renders it noxious

Any one of these may satisfy the adulteration-result requirement.

Q10. What does “lessens its efficacy” mean?

Answer:

It means that the adulteration reduces the drug's effectiveness.

The medicine may still appear genuine, but it no longer works as effectively as it should.

Simple Meaning

Efficacy = effectiveness

Q11. What does “changes its operation” mean?

Answer:

It means that the adulteration alters the way the medicine acts or produces its intended effect.

The drug may behave differently from the genuine preparation because of the adulteration.

Q12. What does “renders it noxious” mean?

Answer:

It means that the adulteration makes the drug harmful or injurious.

Memory

Noxious = harmful

Q13. Must all three harmful effects be present?

Answer:

No.

They are alternatives.

It is enough if the adulteration:

• Lessens efficacy; or
• Changes operation; or
• Renders the drug noxious.

Q14. What acts are prohibited after the accused knows of the adulteration?

Answer:

The section covers:

• Selling;
• Offering for sale;
• Exposing for sale;
• Issuing from a dispensary for medicinal purposes as unadulterated;
• Causing medicinal use by a person unaware of the adulteration.

Memory Formula

SELL – OFFER – EXPOSE – DISPENSE – CAUSE USE

Q15. Must an actual completed sale occur?

Answer:

No.

The provision also covers:

• Offering for sale;
• Exposing for sale.

Therefore, criminal liability may arise before a completed transaction.

Q16. What does “offers for sale” mean?

Answer:

It refers to presenting the adulterated drug as available for purchase while knowing of its adulterated condition.

A completed sale is not necessary.

Q17. What does “exposes for sale” mean?

Answer:

It broadly refers to displaying or presenting the adulterated drug for sale.

The statute therefore reaches conduct at an earlier stage than completed sale.

Q18. What does “issues it from any dispensary for medicinal purposes as unadulterated” mean?

Answer:

It refers to dispensing an adulterated drug from a dispensary while presenting it as though it were genuine and unadulterated.

This protects patients receiving medicines through dispensary systems.

Q19. Why is the phrase “as unadulterated” important?

Answer:

Because the wrongdoing includes supplying an adulterated medicine under the appearance that it is not adulterated.

The patient or recipient is therefore misled regarding the quality or condition of the medicine.

Q20. What is the fifth form of conduct covered?

Answer:

The accused may also be liable if he:

Causes the adulterated drug to be used for medicinal purposes by a person who does not know of the adulteration.

This extends the offence beyond ordinary sale or dispensing.

Q21. Must the person using the drug be unaware of the adulteration?

Answer:

For the “causes it to be used” branch, yes.

The wording specifically refers to medicinal use by a person:

“not knowing of the adulteration.”

Exam Point

This is an express requirement for that branch.

Q22. Must the patient actually consume the drug in every case?

Answer:

No.

For sale, offer, exposure or dispensary-issue branches, actual consumption is not necessary.

The section is broad enough to operate before ingestion occurs.

Q23. Must actual injury occur?

Answer:

No.

The supplied wording does not require actual injury.

The offence focuses on knowingly dealing with adulterated medicine in one of the prohibited ways.

Q24. Must actual illness occur?

Answer:

No.

The section is preventive in nature.

It protects the public before the adulterated medicine necessarily causes illness.

Q25. Must the adulterated medicine actually be poisonous?

Answer:

No.

The adulteration may be sufficient if it:

• Lessens efficacy; or
• Changes operation,

even if it does not become noxious.

Exam Point

Harmful adulteration is broader than poisoning.

Q26. Give an example where efficacy is lessened.

Answer:

Suppose A knows that a medicinal preparation has been diluted so heavily that it is much less effective than it should be.

A nevertheless sells it as proper medicine.

Section 277 may apply.

Q27. Give an example where operation is changed.

Answer:

Suppose adulteration alters how a drug acts in the body, and A knows of this alteration but still sells it as proper medicine.

The “changes its operation” branch may be relevant.

Q28. Give an example where the drug becomes noxious.

Answer:

Suppose a drug has been contaminated with a harmful substance, making it dangerous.

A knows this but continues to dispense it as unadulterated.

Section 277 may be attracted.

Q29. Give an example involving a dispensary.

Answer:

A dispensary worker knows that a medicinal preparation is adulterated but nevertheless issues it to a patient as though it were unadulterated.

That conduct falls squarely within the type of act contemplated by Section 277.

Q30. Give an example involving an unsuspecting patient.

Answer:

A knows that a drug is adulterated but causes B to use it for medicinal purposes without telling B.

If B does not know of the adulteration, the fifth branch of Section 277 may apply.

Q31. What if the accused genuinely does not know the drug is adulterated?

Answer:

Then the specific knowledge requirement under Section 277 would not be established.

Memory

No knowledge = Section 277 not automatically proved

Q32. What if the accused knows the drug is adulterated but clearly warns the buyer?

Answer:

The precise statutory branch would have to be examined carefully.

Section 277 focuses on selling, offering, exposing or dispensing an adulterated drug in the prohibited circumstances, including dispensary issue as unadulterated, and causing medicinal use by a person unaware of the adulteration.

The prosecution must prove the particular statutory conduct relied upon.

Q33. Is adulteration itself sufficient to establish Section 277?

Answer:

No.

It must additionally be shown that:

• The accused knew of the adulteration; and
• The accused engaged in one of the prohibited forms of dealing or medicinal use.

Formula

Adulteration alone ≠ Section 277

Q34. What must the prosecution prove about the effect of adulteration?

Answer:

It must establish that the adulteration was of such a nature as to:

• Lessen efficacy; or
• Change operation; or
• Render the drug noxious.

A trivial change that does not produce one of these effects would not satisfy the supplied wording.

Q35. What must be proved regarding knowledge?

Answer:

The prosecution must prove that the accused knew of the adulteration and its relevant character.

Knowledge is central because the section does not impose liability merely because the accused happened to deal with an adulterated drug unknowingly.

Q36. What is the punishment under Section 277?

Answer:

The punishment is:

• Imprisonment of either description up to six months; or
• Fine up to ₹5,000; or
• Both.

Punishment Formula

6 months / ₹5,000 / both

Q37. What does “imprisonment of either description” mean?

Answer:

It means the imprisonment may be:

• Simple; or
• Rigorous.

The maximum period is six months.

Q38. What is the classification of Section 277?

Answer:

According to the supplied classification, Section 277 is:

• Non-cognizable
• Bailable
• Triable by any Magistrate

Classification Formula

Non-cognizable + Bailable + Any Magistrate

Q39. What is the principal BNS change from IPC Section 275?

Answer:

According to the supplied comments:

• The language remains unchanged.
• The maximum fine has increased from ₹1,000 to ₹5,000.

Memory

₹1,000 → ₹5,000

Q40. How does Section 277 differ from Section 278?

Answer:

This is an important distinction.

Section 277

The problem is the quality or condition of the medicine.

The drug is adulterated in a way that:

• Lessens efficacy;
• Changes operation; or
• Makes it noxious.

The accused knows of the adulteration and deals with it in the prohibited manner.

Section 278

The problem is the identity of the medicine.

One drug or medical preparation is knowingly sold or supplied as a different drug or preparation.

Memory

277 = BAD QUALITY

278 = WRONG IDENTITY

Q41. What is the easiest way to distinguish Sections 277 and 278?

Answer:

Ask:

Is it the same drug, but adulterated?

Think:

Section 277

Is it one drug being represented as another?

Think:

Section 278

Memory Formula

277 = adulteration

278 = substitution

Q42. What mental element is common to Sections 277 and 278?

Answer:

Both provisions expressly require knowledge.

Section 277

Knowledge of adulteration.

Section 278

Knowledge that one drug is being supplied as another.

Memory

277–278 = KNOWING MEDICINAL WRONGDOING

Q43. How does Section 277 differ from Section 279?

Answer:

Section 277

Deals with adulterated medicine.

Section 279

Deals with fouling public water.

Memory

277 = DRUG QUALITY

278 = DRUG IDENTITY

279 = WATER

Q44. What is the quickest way to identify Section 277 in a problem question?

Answer:

Look for five elements:

1.     Drug or medical preparation;

2.     Adulteration;

3.     Reduced efficacy/changed operation/noxiousness;

4.     Knowledge;

5.     Sale/offer/exposure/dispensing/use.

Formula

ADULTERATED MEDICINE + KNOWLEDGE + DEALING = 277

Q45. What are the most important statutory words to remember?

Answer:

Remember:

• Knowing
• Drug or medical preparation
• Adulterated
• Lessens efficacy
• Changes operation
• Renders noxious
• Sells
• Offers
• Exposes
• Issues from dispensary
• As unadulterated
• Causes medicinal use
• Person not knowing of adulteration

Q46. Is Section 277 concerned only with retail pharmacies?

Answer:

No.

The wording is broader.

It covers:

• Sale;
• Offer for sale;
• Exposure for sale;
• Dispensary issue;
• Causing medicinal use.

The provision is therefore directed at several ways adulterated medicine may reach a patient.

Q47. Is actual financial profit necessary?

Answer:

No express profit requirement appears in the supplied wording.

The focus is upon the prohibited dealing with adulterated medicine.

Q48. Can a person be liable even if no one buys the adulterated drug?

Answer:

Potentially yes.

The provision expressly covers:

• Offering for sale;
• Exposing for sale.

Therefore, a completed purchase is not always necessary.

Q49. Can a person be liable even if the recipient does not pay?

Answer:

Potentially yes, particularly under the dispensary and medicinal-use branches.

The section is not limited solely to commercial sale.

Q50. Why is Section 277 preventive in character?

Answer:

Because liability may arise before the adulterated medicine causes actual physical harm.

The law targets the dangerous supply process itself.

Core Principle

Prevent harmful adulterated medicine from reaching unsuspecting patients.

Key Provisions (Study Notes)

1. Subject Matter

Section 277 covers:

Drug

or

Medical preparation

2. Required Adulteration

The adulteration must:

Lessen efficacy

or

Change operation

or

Render the drug noxious

These are alternatives.

3. Mental Element

The accused must:

Know of the adulteration

Negligence alone does not satisfy the supplied wording.

4. Prohibited Conduct

The accused may:

Sell

Offer for sale

Expose for sale

Issue from a dispensary as unadulterated

Cause medicinal use by an unaware person

5. Actual Harm Not Required

The provision does not expressly require:

• Actual consumption;
• Actual illness;
• Actual injury;
• Actual death.

Section 277 v Section 278 — Note-Form Comparison

Section 277 — Adulterated Drug

The medicine is adulterated and its quality or effect is impaired.

Think:

Same medicine, but corrupted

The adulteration:

• Lessens efficacy;
• Changes operation; or
• Makes it noxious.

The accused knows of the adulteration.

Memory

277 = QUALITY PROBLEM

Section 278 — Drug Sold as Another Drug

The medicine is supplied under a false identity.

Think:

One medicine presented as another

The accused knowingly:

• Sells;
• Offers;
• Exposes; or
• Issues

one drug as a different drug or medical preparation.

Memory

278 = IDENTITY PROBLEM

IPC Equivalent and BNS Change

IPC Equivalent

Section 277 BNS = Section 275 IPC

Language

According to the supplied comments:

Unchanged

Fine

₹1,000 → ₹5,000

Punishment Study Note

Imprisonment

Either description up to 6 months

Fine

Up to ₹5,000

Alternative

Both may be imposed.

Classification Study Note

Section 277 is:

Non-cognizable

Bailable

Any Magistrate

Sections 277–291: Rapid Note-Form Revision

Section 277 — Adulterated Medicine

Knowingly dealing with adulterated drug

Punishment:

6 months / ₹5,000 / both

Section 278 — Wrong Medicine

Knowingly selling one drug as another

Punishment:

6 months / ₹5,000 / both

Section 279 — Water

Voluntarily fouling public spring/reservoir

Punishment:

6 months / ₹5,000 / both

Section 280 — Air

Voluntarily making atmosphere noxious to health

Punishment:

Fine up to ₹1,000

Section 281 — Road

Rash/negligent driving or riding

Punishment:

6 months / ₹1,000 / both

Section 282 — Navigation

Rash/negligent navigation

Punishment:

6 months / ₹10,000 / both

Section 283 — False Signal

False light/mark/buoy + intention/knowledge

Punishment:

Up to 7 years + minimum ₹10,000 fine

Section 284 — Unsafe Vessel

Unsafe/overloaded vessel used for hired carriage

Punishment:

6 months / ₹5,000 / both

Section 285 — Way Obstruction

Danger/obstruction/injury in public way/navigation

Punishment:

Fine up to ₹5,000

Section 286 — Poison

Negligent conduct with poisonous substance

Punishment:

6 months / ₹5,000 / both

Section 287 — Fire

Negligent conduct with fire/combustible matter

Punishment:

6 months / ₹2,000 / both

Section 288 — Explosive

Negligent conduct with explosive substance

Punishment:

6 months / ₹5,000 / both

Section 289 — Machinery

Negligent conduct with machinery

Punishment:

6 months / ₹5,000 / both

Section 290 — Building

Negligent conduct concerning building work

Punishment:

6 months / ₹5,000 / both

Section 291 — Animal

Negligent conduct with animal

Punishment:

6 months / ₹5,000 / both

Quick Revision Notes

Section

277 BNS

Title

Sale of adulterated drugs

IPC Equivalent

275 IPC

Subject

Drug / medical preparation

Condition

Adulterated

Effect of Adulteration

• Lessens efficacy; or
• Changes operation; or
• Renders noxious.

Mental Element

Knowledge

Prohibited Acts

Sell / offer / expose / dispense / cause medicinal use

Actual Injury Required?

No

Actual Sale Always Required?

No

Punishment

Up to 6 months / ₹5,000 / both

Classification

Non-cognizable + Bailable + Any Magistrate

BNS Change

Fine increased:

₹1,000 → ₹5,000

Exam Traps

Trap 1 — Forgetting knowledge

The accused must know the drug is adulterated.

Trap 2 — Assuming the accused must personally adulterate the medicine

Incorrect.

Section 277 focuses on knowing dealing with adulterated medicine.

Trap 3 — Assuming the medicine must become poisonous

Incorrect.

It is enough if adulteration:

• Lessens efficacy; or
• Changes operation; or
• Renders it noxious.

Trap 4 — Assuming actual sale is necessary

Incorrect.

Offer and exposure for sale are also covered.

Trap 5 — Assuming actual illness is necessary

Incorrect.

The offence is preventive.

Trap 6 — Confusing Sections 277 and 278

277 = same medicine, adulterated

278 = one medicine passed off as another

Trap 7 — Forgetting the unsuspecting-person branch

Section 277 also covers causing medicinal use by a person not knowing of the adulteration.

Ultimate Memory Formula

SECTION 277

DRUG / MEDICAL PREPARATION

+

ADULTERATED

+

LESS EFFICACIOUS / CHANGED OPERATION / NOXIOUS

+

KNOWLEDGE

+

SELL / OFFER / EXPOSE / DISPENSE / CAUSE USE

=

SALE OF ADULTERATED DRUGS

Fifteen-Section Memory Chain

277 = ADULTERATED DRUG

278 = WRONG DRUG

279 = WATER

280 = AIR

281 = ROAD

282 = NAVIGATION

283 = FALSE SIGNAL

284 = UNSAFE VESSEL

285 = WAY OBSTRUCTION

286 = POISON

287 = FIRE

288 = EXPLOSIVE

289 = MACHINE

290 = BUILDING

291 = ANIMAL

Rapid Sequence

ADULTERATED DRUG → WRONG DRUG → WATER → AIR → ROAD → NAVIGATION → SIGNAL → VESSEL → WAY → POISON → FIRE → EXPLOSIVE → MACHINE → BUILDING → ANIMAL

Key Takeaway

Section 277 BNS punishes a person who knows that a drug or medical preparation has been adulterated in a way that:

• Reduces its effectiveness;
• Changes its operation; or
• Makes it harmful,

and nevertheless sells, offers, exposes, dispenses or causes it to be used medicinally in the circumstances described by the provision.

The essential distinction from Section 278 is:

277 = ADULTERATED MEDICINE

278 = WRONG MEDICINE REPRESENTED AS ANOTHER

Section 277 corresponds to Section 275 IPC, and according to the supplied comments the language remains unchanged while the maximum fine has increased:

₹1,000 → ₹5,000

Rapid Revision

277 = ADULTERATED DRUG + KNOWLEDGE + DEALING/USE

Punishment = Up to 6 months / ₹5,000 / both

Classification = Non-cognizable + Bailable + Any Magistrate