Section 278 BNS: Sale of drug as a different drug or preparation
Bharatiya Nyaya Sanhita, 2023
Section 278 BNS at a Glance
Section 278 BNS deals with sale of drug as a different drug or preparation. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 276 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to six months under Section 278 BNS.
Section 278 BNS Bare Act Text
278. Sale of drug as a different drug or preparation
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.
Source: Section 278, Bharatiya Nyaya Sanhita, 2023
Section 278 BNS in Simple Words
Section 278 of the Bharatiya Nyaya Sanhita (BNS) this provision deals with a person selling a drug, medicine, or medicinal preparation while pretending that it is a different drug or preparation. The law targets false substitution in sale, especially where the buyer is led to believe that one product is another. It is meant to protect public health and stop deceptive trade in medicines.
The section can apply to sellers, shop owners, distributors, or anyone involved in passing off one medicinal product as another. The key point is the misrepresentation at the time of sale. If the buyer receives a different substance because of this deception, the offence is made out.
In practice, this provision matters where low-quality, wrong, or substituted medicines are sold under a false name. It can also arise in pharmacy-related disputes, counterfeit medicine cases, and consumer complaints. The law is strict because such conduct may directly affect treatment, safety, and trust in medical products.
Ingredients of Section 278 BNS
- Knowingly selling, offering or exposing for sale, or issuing from a dispensary for medicinal purposes, a drug or medical preparation
- As a different drug or medical preparation
Punishment Under Section 278 BNS
Imprisonment of either description for a term which may extend to six months under Section 278 BNS.
Fine which may extend to five thousand rupees under Section 278 BNS.
Section 278 BNS prescribes imprisonment of either description for a term which may extend to six months, or fine which may extend to five thousand rupees, or both.
Example of Section 278 BNS
When Section 278 BNS Does Not Apply
- The person did not knowingly sell, offer or expose for sale, or issue the drug or medical preparation as a different drug or medical preparation
- The drug was sold or issued under its true name and correct description
- The product supplied was not a drug or medical preparation
- There was no sale, offer or exposure for sale, and no issue from a dispensary for medicinal purposes
Section 278 BNS in the IPC (Previous Law)
Section 278 BNS replaces Section 276 IPC from the old criminal code.
Section 276 IPC is now Section 278 BNS. The definition of the offence remains unchanged, but the maximum fine has been raised from one thousand rupees under Section 276 IPC to five thousand rupees under Section 278 BNS. The maximum term of imprisonment of six months is unchanged.
View IPC Section 276 →FAQs on Section 278 BNS
What does Section 278 BNS punish in simple terms?▼
It punishes selling a drug or medicinal preparation while claiming that it is something else. The focus is on deception in the sale itself. If a buyer is misled about what is being sold, this section may apply.
Does Section 278 BNS apply only to pharmacists?▼
No. It can apply to any person who sells or supplies the drug, including shopkeepers, distributors, or other sellers. What matters is the false representation, not the job title of the accused.
Is Section 278 BNS a serious criminal offence?▼
Yes, but it is a relatively lesser offence compared with offences causing direct bodily harm. The maximum punishment is 6 months' imprisonment, fine, or both. Still, it can have serious regulatory and reputational consequences.
Can a case under Section 278 BNS be settled easily?▼
This offence is not compoundable, so private settlement does not automatically end the criminal case. The police and court process may still continue unless the case is otherwise closed in law. In practice, the facts and evidence are very important.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·