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Introduction of 278 BNS

278 BNS deals with the offense of knowingly selling or offering a drug or medical preparation as a different drug or preparation. This law ensures the safety and trust of the public by penalizing anyone involved in misrepresenting drugs for medicinal purposes.


The Bharatiya Nyaya Sanhita (BNS) Section 277 replaces the old Indian Penal Code (IPC) Section 278.



What is BNS Section 278 ?

BNS Section 278 punishes anyone who knowingly sells or gives medicines as a different drug or preparation. This ensures that people receive the correct drugs prescribed for their medical conditions. Violating this law can lead to imprisonment, a fine, or both. It prevents fraud in medicine sales and protects public health. The offense is bailable, non-cognizable, and is tried by any magistrate.


287 BNS on negligence involving fire and flammable materials for public safety.
278 BNS BNS ensures accountability for negligence involving fire and combustible substances to prevent harm.

BNS 278 in Simple Points

  1. Nature of the Offense
    • Selling or offering drugs intentionally as a different preparation or drug.
    • Includes issuing incorrect medicines from dispensaries for medicinal purposes.
    • The act must be committed knowingly to qualify as an offense.
  2. Purpose of the Law
    • Protects patients from being harmed by incorrect or mislabeled drugs.
    • Ensures transparency and trust in the pharmaceutical and healthcare sectors.
    • Holds individuals and dispensaries accountable for medical fraud.
  3. Punishment
    • Imprisonment: A term of up to 6 months.
    • Fine: A monetary penalty that can go up to ₹5,000.
    • Both can be applied simultaneously depending on the seriousness of the violation.
  4. Legal Classification
    • Non-Cognizable: Police need prior approval from a magistrate to investigate or arrest.
    • Bailable: The accused has the right to bail.
    • Triable by Any Magistrate: The case can be heard and decided by any magistrate.
  5. Scope and Impact
    • Covers anyone knowingly involved in selling or distributing misleading drugs.
    • Safeguards the public against risks arising from incorrect medication.
    • Discourages fraudulent practices in medicine sales and distribution.

Section 278 BNS Overview

BNS Section 278 punishes individuals who knowingly sell, offer, or distribute drugs or medical preparations as something different from what they actually are. This law is designed to protect public health and ensure that medicines sold are genuine and accurate to their description.

Key Points of BNS Section 278

  1. Misrepresentation of Drugs
    • The section applies when a person knowingly sells or offers a drug under a false label or as a different preparation.
    • This includes drugs that are mislabeled, misbranded, or substituted without the consumer’s knowledge.
    • It ensures patients receive the correct medication prescribed for their health needs.
  2. Knowingly Committed
    • The offense must be committed with full knowledge of the drug being sold incorrectly.
    • Innocent mistakes or unintentional errors do not fall under this provision.
    • This ensures accountability while protecting those who unintentionally mislabel or sell medicines.
  3. Protection of Public Health
    • The law safeguards people from consuming incorrect or harmful drugs that may lead to health risks.
    • Mislabeled drugs can cause serious side effects or fail to treat the intended condition.
    • The provision builds trust in the pharmaceutical and healthcare system.
  4. Scope of the Law
    • The section covers not just sellers but also dispensaries issuing drugs for medicinal purposes.
    • Any person involved in misrepresenting a drug as something else can be held accountable.
    • The scope extends to all forms of sales, whether physical or online.
  5. Punishment for Violation
    • Violators face imprisonment for up to six months or a fine of up to ₹5,000, or both.
    • The punishment acts as a deterrent to discourage fraudulent practices in medicine sales.
    • The severity of the punishment depends on the extent of the violation and its impact.
  6. Legal Classification
    • The offense is non-cognizable, meaning police require prior approval from a magistrate to take action.
    • It is bailable, allowing the accused to secure bail and avoid detention during the trial process.
    • The case is triable by any magistrate, ensuring flexibility in judicial proceedings.
  7. Accountability in Dispensaries
    • The law applies to medical dispensaries that issue drugs for medicinal purposes.
    • Dispensaries are responsible for ensuring that the drugs they issue match prescriptions.
    • Failure to comply makes the dispensary or responsible individuals liable under this section.
  8. Safeguards Against Fraud
    • BNS Section 278 prevents fraudulent practices in the pharmaceutical industry.
    • It protects consumers from exploitation by sellers offering cheaper or counterfeit drugs as genuine ones.
    • This provision ensures fairness and honesty in drug sales and distribution.
  9. Encouragement of Ethical Practices
    • By enforcing strict penalties, the law encourages sellers and dispensaries to maintain ethical practices.
    • Accurate labeling and selling of drugs become a priority for compliance.
    • This contributes to an overall improvement in the healthcare sector’s reliability.
  10. Consumer Awareness and Protection
  • The law indirectly promotes consumer awareness by ensuring accurate drug descriptions.
  • It empowers consumers to trust the medicines they purchase or are prescribed.
  • Public confidence in healthcare systems is enhanced through such legal provisions.

Examples of BNS Section 278

  1. Example 1: Selling Incorrect Medication
    A pharmacist knowingly sells a painkiller as an antibiotic because the antibiotic is out of stock. The patient, unaware of the substitution, consumes the painkiller, which fails to treat their infection. Under BNS Section 278, the pharmacist is liable for misrepresenting the drug and endangering the patient’s health.
  2. Example 2: Issuing Mislabeled Drugs
    A dispensary provides a syrup labeled for cough relief but filled with a multivitamin solution. The consumer experiences no relief from their symptoms and discovers the mislabeling. The dispensary is held accountable under BNS Section 278 for knowingly issuing a different preparation.

BNS 278 Punishment

  1. Imprisonment
    • A term which may extend up to 6 months.
  2. Fine
    • A monetary penalty which may extend up to ₹5,000.

278 BNS Punishment : Punishment includes up to 6 months imprisonment and a fine up to ₹5,000 for violations.
278 BNS Punishment : Punishment includes 6 months imprisonment or a fine up to ₹5,000.

BNS 278 bailable or not ?

Bailable: The accused can seek bail from the magistrate and cannot be denied it as a right.


Bharatiya Nyaya Sanhita Section 278

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
278Selling or issuing drugs as different drugsUp to 6 months imprisonment or ₹5,000 fine, or bothBailableNon-CognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 278

BNS Section 278 FAQs

What is BNS Section 278 about?

What is the punishment under BNS Section 278?

BNS 278 Is the offense bailable?

BNS 278 Is the offense cognizable?

Who tries cases under BNS Section 278?

Cases are triable by any magistrate, ensuring accessibility to justice.

Why is this BNS 278 law important?


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