Report No.264

3. Substitution of new section for section 273.

In the Penal Code, for section 273, the following section shall be substituted, namely:-

"273. Sale of noxious food or drink.- Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished,-

(i) where the sale, offer for sale or exhibition for sale of such food or drink, does not result in injury, with imprisonment for a term which may extend to six months and also with fine

which may extend to one lakh rupees;

(ii) where the sale of such food or drink, results in non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;

(iii) where the sale of such food or drink, results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which shall not be less than five lakh rupees;

(iv) where the sale of such food or drink, results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees:

Provided that the court may, for adequate reason to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life:

Provided further that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:

Provided also that any fine imposed under this section shall be paid to the victim.".