IPC Section 276 and BNS Section 278: Sale of a Drug as a Different Drug
Section 276 of the Indian Penal Code, 1860 penalised knowingly selling, offering, displaying for sale or dispensing a drug or medical preparation as a different drug or preparation. Its corresponding current provision is Section 278 of the Bharatiya Nyaya Sanhita, 2023.
What does IPC Section 276 mean?
Section 276 of the Indian Penal Code, 1860, titled Sale of drug as a different drug or preparation, provided:
Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
In simple terms, the provision addresses knowing substitution or misrepresentation of a medicine's identity. The medicine need not necessarily be chemically adulterated: presenting one drug or preparation as another is the specific conduct targeted. Exposing for sale includes displaying a product for sale; issuing from a dispensary refers to supplying it for medicinal purposes.
Essential ingredients of the offence
- Drug or medical preparation: the subject of the transaction is a drug or medical preparation.
- False identity: the product is presented or supplied as a different drug or medical preparation.
- Prohibited conduct: the accused sells, offers or exposes the product for sale, or issues it from a dispensary for medicinal purposes.
- Knowledge: the conduct is committed knowingly; an inadvertent error is not automatically proof of this particular offence.
Relevant evidence may include product packaging, labels, prescriptions, invoices, dispensing records, laboratory reports, witness testimony and communications. The prosecution must establish the applicable statutory elements; the mere existence of a labelling discrepancy does not by itself settle criminal liability.
Current law: BNS Section 278 and punishment
Section 278 of the Bharatiya Nyaya Sanhita, 2023 is the corresponding offence concerning sale of a drug as a different drug or preparation. The BNS continues to address knowingly selling, offering, exposing for sale or issuing a drug or medical preparation as another.
| Issue | IPC Section 276 (former law) | BNS Section 278 (current law) |
|---|---|---|
| Nature of offence | Knowingly selling or dispensing one medicine as another | Corresponding offence |
| Maximum imprisonment | Six months | Six months |
| Maximum fine | Rs. 1,000 under the central IPC text | Rs. 5,000 |
| Sentence | Imprisonment, fine, or both | Imprisonment, fine, or both |
| General application | Pre-1 July 2024 conduct, subject to savings and relevant amendments | Conduct from 1 July 2024 |
Imprisonment of either description means simple or rigorous imprisonment, as permitted by law. State-specific amendments and the law applicable on the date of an alleged historical offence must be considered. The repeal and savings rules in BNS Section 358 may be relevant to earlier proceedings.
How does the Drugs and Cosmetics Act, 1940 apply?
The Drugs and Cosmetics Act, 1940 and the rules made under it provide a separate regulatory and penal framework for medicines. Depending on the facts, the following provisions may be relevant:
- Section 3: statutory definitions, including drug in Section 3(b).
- Section 17: circumstances in which a drug is deemed misbranded.
- Section 17A: circumstances in which a drug is deemed adulterated.
- Section 17B: circumstances in which a drug is deemed spurious, including specified cases of false identity or substitution.
- Section 18: prohibitions concerning manufacture, sale, stocking, exhibition, offering for sale and distribution of specified drugs and cosmetics.
- Section 27: punishments for contraventions involving drugs; the precise clause and penalty depend on the proven facts.
A product described as a different medicine may engage the misbranded or spurious-drug provisions, but classification depends on the statutory definitions and evidence. Do not assume every mistake attracts the same penalty. Licensing, inspection, sampling and prosecution requirements under the special legislation must also be checked.
Difference from adulteration and sale of adulterated drugs
IPC Section 274 (BNS Section 276) addresses adulterating a drug so as to reduce its efficacy, alter its operation or make it noxious, with the specified intention or knowledge. IPC Section 275 (BNS Section 277) addresses knowing sale or medicinal supply of an adulterated drug as unadulterated. By contrast, IPC Section 276 / BNS Section 278 focuses on knowingly representing one drug or preparation as another.
Practical illustrations
Deliberate substitution at a pharmacy
A dispenser knowingly supplies Medicine A but represents it as prescribed Medicine B. If the required facts are proved, this can fall within BNS Section 278, apart from any applicable drug-control provisions.
Offering falsely labelled medicine for sale
A trader knowingly displays a medical preparation as a different medicine. An actual completed sale is not necessarily required because the provision expressly includes offering or exposing for sale.
Accidental dispensing error
A pharmacist mistakenly hands over a different preparation without knowing the substitution. That fact alone does not establish the knowing element of BNS Section 278, though other legal or professional consequences may still arise.
Frequently asked questions
Which BNS section corresponds to IPC Section 276?
BNS Section 278 concerns sale of a drug as a different drug or preparation.
What is the punishment under BNS Section 278?
Imprisonment of either description for up to six months, or a fine up to Rs. 5,000, or both.
Must a customer actually buy the medicine?
No. The wording also covers knowingly offering or exposing for sale a drug as a different drug or medical preparation.
Is it necessary to prove that the medicine was adulterated?
No. The offence concerns knowing misrepresentation of a drug's identity; physical adulteration is a separate issue addressed by other provisions.
Can the Drugs and Cosmetics Act also apply?
Yes, where its separate definitions and requirements are met. Misbranding, adulteration, spurious drugs and unlawful sale each require assessment under the relevant provisions.
Does IPC Section 276 still apply?
It remains relevant to historical conduct and saved proceedings. For alleged acts on or after 1 July 2024, BNS Section 278 is generally the corresponding provision.
Official legislation and further reading
- India Code: Bharatiya Nyaya Sanhita, 2023 (Sections 276-278 and 358)
- India Code: Indian Penal Code, 1860 and Drugs and Cosmetics Act, 1940
- Central Drugs Standard Control Organization (CDSCO): regulatory information
- Indian Penal Code: sections and punishments
This article provides general legal information. Check the legislation, applicable amendments, facts and procedural requirements before relying on a provision in a particular case.