Section 278 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 278 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, situated in Chapter XV – Offences affecting Public Health, Safety, Convenience, Decency, and Morals:
💊 Section 278 – Sale of a Drug as a Different Drug or Preparation
📜 Legal Text (Summarized):
Whoever knowingly sells, offers or exposes for sale, or issues from a dispensary a drug or medical preparation as a different drug or preparation, shall be punished with imprisonment (simple or rigorous) for up to six months, or a fine up to ₹5,000, or both. (myjudix.com)
🔍 Key Aspects
Actus Reus: Misrepresenting a drug or medical preparation as something it is not—whether in sale, offer, or dispensation.
Mens Rea: The seller must act knowingly, i.e., with awareness of the misrepresentation.
Penalty: Maximum 6 months’ imprisonment, and/or a fine up to ₹5,000.
🧭 Comparison with IPC
This mirrors IPC Section 276, which also penalizes selling a drug as another drug. The BNS increases the maximum fine from ₹1,000 to ₹5,000, maintaining the same imprisonment cap
📚 Purpose & Practical Implications
Consumer safety & trust: Ensures that individuals receive medications that are accurately described, preventing harm from wrongful drug substitution.
Enforcement scope: Affects pharmacies, dispensaries, hospitals, and distributors—any sale or distribution transaction where a drug is passed off incorrectly.
Public health impact: Critical in safeguarding against medical fraud and protecting patients from unintended medication effects.
✅ Summary Table
| Element | Detail |
|---|---|
| Offence | Selling or dispensing drug under false identity |
| Intent Required | Must be knowing misrepresentation |
| Maximum Penalty | ≤6 months’ jail, ≤₹5,000 fine, or both |
| Fines Comparison | Enhanced from IPC’s ₹1,000 limit |
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