BNS Section 278: Sale Of Drug As A Different Drug Or Preparation
Section 278 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 278 specifically deals with sale of incorrect drugs. Let us take a closer look at its provisions.
Definition of BNS Section 278
Section 278 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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.
Explanation and Illustration of BNS Section 278
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of selling incorrect drugs. Let us break down the section to get a better understanding of it.
Offence
Drugs are manufactured and processed in a very specific composition in order to fight specific medical conditions. If that specific composition is consumed to treat some other medical condition, it may not only be insufficient in treating the condition, but may even aggravate the condition or cause additional issues to the existing condition. This is why pharmacists are required to provide medicines exactly as prescribed by the doctor. And if the medicine is an over the counter medicine, then he or she has to be trained thoroughly prior to having the license to sell such drugs.
Section 278 deals with distribution of wrong medications. It describes four specific actions:
Any person found guilty of performing any of the above actions shall be prosecuted under the provisions of Section 278.
Punishment
Any person who causes a wrong drug or medical preparation to be consumed shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
The above actions may not be an offence under this section if:
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
B goes to Z, a pharmacist, asking for a specific medication. Z, knowing that the medication is out of stock, tells B to take another medication which may work better than what he is seeking. It was later found that the medication provided to B was not the correct medication. Z is an offender under the provisions of Section 278.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 278
This section deals with: Selling drug as another drug
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 278 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 278 of BNS replaces Section 276 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 278 | Sale of drug as a different drug or preparation. | 276 | The upper limit of fine is increased from one thousand to five thousand rupees. |
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FAQs about Section 278 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 278 of the BNS?
Section 278 deals with cases where a medicine, drug or any other preparation issued by a pharmacy or a dispensary was sold as something other than what it actually is.
Why is this BNS 278 law important?
Section 278 is important to ensure accountability in matters of public health.
What evidence is required to prosecute under BNS 278?
The product that has been sold should be tested to prove that it is not what it was sold as. This proves the validity of the claim. However, it also has to be proven that this act was intentional and not accidental in order for it to be an offence under Section 278.
How do drug regulatory authorities enforce BNS 278?
Drug regulatory authorities conduct regular inspections of manufacturing and retailing facilities to ensure that regulations are being maintained. If they find any discrepancy during such inspections that appears to be an offence under Section 278, they must immediately report the matter to the authorities.
