Section 278 BNS: Sale of Drug as a Different Drug or Preparation
Section 278 of the Bharatiya Nyaya Sanhita, 2023 deals with knowingly selling, offering, exposing for sale, or issuing from a dispensary a drug or medical preparation as though it were a different drug or medical preparation.
Text of Section 278 of the Bharatiya Nyaya Sanhita, 2023
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.
Meaning and scope of Section 278 BNS
The provision targets deliberate misrepresentation of the identity of a drug or medical preparation at the point of sale, offer for sale, exposure for sale or issue from a dispensary for medicinal purposes. The word "knowingly" is important: the prosecution must establish the required knowledge and not merely an accidental mistake in labelling, handling or supply.
The section is concerned with one drug or medical preparation being represented or supplied as a different drug or preparation. Depending on the facts, conduct involving adulterated or falsely represented medicines may also attract other provisions of the BNS or special drug-control legislation.
Essential ingredients of the offence
For Section 278 to apply, the facts should establish the following elements:
- There is a drug or medical preparation.
- The accused sells it, offers it for sale, exposes it for sale, or issues it from a dispensary for medicinal purposes.
- The drug or medical preparation is represented or supplied as a different drug or medical preparation.
- The act is done knowingly.
Punishment and classification under BNSS
| Particular | Position |
|---|---|
| Maximum imprisonment | Up to 6 months, of either description |
| Maximum fine | Up to ₹5,000 |
| Alternative punishment | Imprisonment, fine, or both |
| Cognizable / non-cognizable | Non-cognizable |
| Bailable / non-bailable | Bailable |
| Court competent to try | Any Magistrate |
What does "non-cognizable" mean?
For an offence classified as non-cognizable, the police do not have the same power to arrest without warrant that applies to a cognizable offence. Investigation and further procedure are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023.
What does "bailable" mean?
Section 278 is classified as bailable in the BNSS First Schedule. Bail in a bailable offence is governed by the applicable provisions of the BNSS and is ordinarily available as a matter of right subject to compliance with lawful conditions.
Related BNS provisions concerning drugs
Section 278 sits with other public-health offences dealing with food, drugs and medical preparations. Related provisions include Section 276 BNS on adulteration of drugs and Section 277 BNS on sale of adulterated drugs. The distinction matters because the statutory ingredients and procedural classifications are not identical.
Relationship with the Drugs and Cosmetics Act, 1940
The Drugs and Cosmetics Act, 1940 separately regulates the import, manufacture, sale and distribution of drugs and cosmetics and contains specific provisions concerning misbranded, adulterated and spurious drugs. The applicability of that special law depends on the facts and the precise statutory requirements. Section 278 BNS does not by itself replace those special-law provisions.
Commencement of the BNS
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government appointed 1 July 2024 as the date on which the BNS provisions came into force, except Section 106(2). Section 278 is therefore part of the criminal law in force from 1 July 2024.
Practical evidence issues
In a prosecution under Section 278, relevant evidence may include the actual drug or preparation supplied, packaging and labels, invoices or sale records, prescription or dispensary records, batch details, expert or laboratory material where relevant, and communications or circumstances bearing on the accused person's knowledge. The evidentiary value of each item depends on admissibility and proof under the applicable law.
Nearby BNS sections
Section 271 - Negligent act likely to spread infection of disease dangerous to life
Section 272 - Malignant act likely to spread infection of disease dangerous to life
Section 273 - Disobedience to quarantine rule
Section 274 - Adulteration of food or drink intended for sale
Section 275 - Sale of noxious food or drink
Section 276 - Adulteration of drugs
Section 277 - Sale of adulterated drugs