BNS Section 278 – Sale of drug as a different drug or preparation
The Indian Penal Code (IPC) Section – 276
Understanding BNS Section 278: Sale of Drug as a Different Drug or Preparation
The sale of drugs or medical preparations under false pretenses can mislead consumers and pose serious risks to their health. Section 278 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 278 Say?
Section 278 deals with the act of knowingly selling, offering, or exposing for sale a drug or medical preparation as a different drug or preparation. Here’s what the law states:
- Offense: If a person knowingly:
- Sells a drug or medical preparation as a different drug or preparation, or
- Offers or exposes it for sale as a different drug or preparation, or
- Issues it from a dispensary for medicinal purposes as a different drug or preparation,
they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 6 months,
- A fine of up to 5,000 rupees, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Knowingly selling, offering, or exposing for sale a drug or medical preparation as a different product. |
| Punishment | Up to 6 months in jail, a fine of up to 5,000 rupees, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Protects Public Health: It ensures that consumers receive the correct drugs or medical preparations, preventing harm caused by misinformation.
- Ensures Accountability: It holds individuals responsible for knowingly misrepresenting drugs or medical preparations.
- Maintains Trust in Healthcare: It helps maintain trust in the healthcare system by discouraging fraudulent practices.
Examples of Offenses Under Section 278
- Example 1: A pharmacist sells a generic painkiller as a branded, more expensive drug, misleading customers.
- Example 2: A vendor offers a low-quality antibiotic as a high-quality one, knowing it is not the same.
- Example 3: A dispensary issues a less effective drug as a more potent one, falsely claiming it to be the latter.
Conclusion
Section 278 of the BNS is a vital provision to ensure the integrity of drugs and medical preparations sold to the public. Knowingly selling a drug as a different product is a punishable offense, as it misleads consumers and poses risks to their health. Always act responsibly and prioritize the well-being of patients and consumers.
