Bharatiya Nyaya Sanhita, 2023
BNS Section 278
Sale of drug as a different drug or preparation
In one line
BNS Section 278 deals with sale of drug as a different drug or preparation and replaces IPC 276.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 278 | Knowingly selling of drug as a different drug or preparation. | Imprisonment for 6 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 278
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.
What changed from the IPC
- IPC 276 → BNS 278: The upper limit of fine is increased from one thousand to five thousand rupees.
Frequently asked
What was BNS Section 278 in the IPC?
BNS Section 278 (Sale of drug as a different drug or preparation) replaces Section 276 of the Indian Penal Code, 1860. IPC 276 is now BNS 278.
What is the punishment under BNS 278?
Knowingly selling of drug as a different drug or preparation – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 278 bailable?
Bailable: BNS 278. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 273 — Disobedience to quarantine rule
- BNS 274 — Adulteration of food or drink intended for sale
- BNS 275 — Sale of noxious food or drink
- BNS 276 — Adulteration of drugs
- BNS 277 — Sale of adulterated drugs
- BNS 279 — Fouling water of public spring or reservoir
- BNS 280 — Making atmosphere noxious to health
- BNS 281 — Rash driving or riding on a public way
- BNS 282 — Rash navigation of vessel
- BNS 283 — Exhibition of false light, mark or buoy