Section 276 IPC: Sale of drug as a different drug or preparation

Indian Penal Code, 1860

Section 276 IPC at a Glance

Section 276 IPC deals with sale of drug as a different drug or preparation. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 278 BNS.

Punishment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

BNS Equivalent

Section 278 →

Section 276 IPC Bare Act Text

276. 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 one thousand rupees, or with both.

Source: Section 276, Indian Penal Code, 1860

Section 276 IPC in Simple Words

Section 276 of the Indian Penal Code (IPC) punishes whoever knowingly sells, 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.

The punishment is 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.

Under the First Schedule to the Code of Criminal Procedure, the offence is non-cognizable, bailable, and triable by any Magistrate.

Ingredients of Section 276 IPC

Selling, offering or exposing for sale, or issuing from a dispensary for medicinal purposes, any drug or medical preparation
Representing or passing off the drug or medical preparation as a different drug or medical preparation
Acting with knowledge that it is being sold or issued as a different drug or medical preparation

Punishment Under Section 276 IPC

Imprisonment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Selling a drug as a different drug or preparation is punishable with imprisonment of either description for up to six months, or with fine of up to one thousand rupees, or with both.

Example of Section 276 IPC

In 2022, Siddharth worked as a dispenser at a nursing home dispensary in Guwahati. A patient came to the dispensary window seeking quinine liquid for treating malaria fever. Because the dispensary had run out of quinine, Siddharth knowingly poured ordinary herbal digestive tonic into a glass bottle, affixed a printed quinine label on it, and issued and sold the medical preparation to the patient for medicinal purposes as quinine. Siddharth is punishable under Section 276 IPC.

When Section 276 IPC Does Not Apply

Section 276 IPC does not apply when a pharmacist hands over the wrong medicine by an honest mistake without knowing it is a different drug.
Section 276 IPC does not apply if a drug or medical preparation is sold or issued under its own true identity after informing the buyer that it is a substitute.
Section 276 IPC does not apply where the article sold as another item is not a drug or medical preparation.
Section 276 IPC does not apply when the drug is neither sold, offered or exposed for sale, nor issued from a dispensary for medicinal purposes.

Section 276 IPC in the BNS

Section 276 IPC is now covered under Section 278 BNS.

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 detailed comparison (IPC 276 vs BNS 278) →

FAQs on Section 276 IPC

What does Section 276 IPC punish?▼

It punishes knowingly selling, offering or exposing for sale, or issuing from a dispensary for medicinal purposes, any drug or medical preparation as a different drug or preparation.

What is the punishment under Section 276 IPC?▼

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.

What fine is prescribed under Section 278 BNS compared to Section 276 IPC?▼

Section 276 IPC capped the fine at one thousand rupees. Section 278 BNS increases the maximum fine to five thousand rupees.

Does Section 276 IPC require the drug to be adulterated?▼

No. Section 276 IPC does not mention adulteration. It punishes knowingly selling, offering or exposing for sale, or issuing from a dispensary for medicinal purposes, any drug or medical preparation as a different drug or medical preparation.

Is Section 276 IPC bailable?▼

Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 276 IPC is bailable and non-cognizable.

Which court tries an offence under Section 276 IPC?▼

It is triable by any Magistrate.

Can an offence under Section 276 IPC be compounded?▼

No. Section 276 IPC is not compoundable under Section 320 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·