Sale of drug as a different drug or preparation
What this section does
Punishes the knowing sale, offer for sale, or dispensing of a drug or medical preparation while representing it as a different drug or medical preparation. This targets deliberate misrepresentation of the identity of a medicinal product.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for up to 6 months, or fine up to ₹5,000, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused sold, offered or exposed for sale, or issued from a dispensary a drug or medical preparation
- The accused represented it as a different drug or medical preparation
- The accused did so knowingly
Derived from IPC s.276.
Read the official text
For the binding statutory text of BNS Section 278, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 278 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.