Legal Provisions of Section 273 of Indian Penal Code, 1860.
Sale of noxious food or drinks:
This section makes sale of noxious food or drink an offence. It says that whoever either sells, or offers or exposes for sale, any article as food or drink which has either been rendered noxious or which has become noxious, or which is in such a state that makes it unfit for food or drink, either with the knowledge or having reason to believe that the same is noxious as food or drink, shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine extending up to one thousand rupees, or with both.
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ADVERTISEMENTS:
The section requires that the accused must either sell, or offer or expose for sale, any article as food or drink. Such article must have been rendered noxious, or must have become noxious, or it must be in a state unfit for food or drink. The accused must know or must have reason to believe that the article is noxious as food or drink.
Since this chapter relates to ‘public’ health etc., the sale of noxious food or drink must be for consumption of human beings. Consequently, sale of noxious food or drink for animal consumption is not covered under this section. Sale of milk mixed with water, or ghee mixed with vegetable oil cannot be punished under this section as the state of the article has not become noxious nor has it become in a state unfit for being consumed as food or drink.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.