Section 278 BNS: Sale of Drug as a Different Drug or Preparation (Formerly Section 276 IPC)

Section 278 of Bharatiya Nyaya Sanhita: Sale of Drug as a Different Drug or Preparation

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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 five thousand rupees, or with both.

Legal Commentary & Landmark Judgments: Section 278

Section 278 penalises knowingly selling, offering, or dispensing any drug as a different drug or medical preparation from what it actually is.

Sale or Dispensation: Selling or dispensing a drug or medicine.
False Substitution: Deliberately substituting one drug for another (e.g., selling saline water as insulin or generic chalk as paracetamol).
Deceptive Act: Done knowingly, endangering patient survival.

Key Landmark Precedents:

Union of India v. Ashok Kumar Sharma (2021) 12 SCC 674: The Supreme Court condemned spurious drug rackets substituting life-saving oncology and critical-care medicines with fake compounds.
State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Held that mislabeling and substituting pharmaceuticals constitutes aggravated fraud and public endangerment.

Courtroom Practice & Strategic Litigation Guidance:

Proving the chemical identity disparity via certified Central Drugs Laboratory (CDL) reports is essential. The defence should check whether manufacturer mispackaging occurred at the factory level.

Section 278: Sale of Drug as a Different Drug or Preparation

Section 278 of Bharatiya Nyaya Sanhita: Sale of Drug as a Different Drug or Preparation

Legal Commentary & Landmark Judgments: Section 278