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Section 278 — Sale of drug as a different drug or preparation
278
278
Sale of drug as a different drug or preparation
Bharatiya Nyaya Sanhita, 2023
Chapter XV Of Offences Affecting The Public Health, Safety, Convenience, Decency and Morals
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Medical ErrorsPublic HealthMisleading SalesMinor
🗣️ Simple Explanation
What does this law say? Section 278 of the BNS is about selling the wrong medicine. If you knowingly sell a drug as a different drug, you break this law. This includes offering it for sale or giving it out from a dispensary.
Why does this law exist? This law protects people from getting the wrong medicine. It ensures that people receive the correct treatment. It prevents serious health problems caused by taking the wrong medication.
Real-life impact Imagine going to a pharmacy and getting the wrong medicine. This law prevents that from happening. It ensures you get the correct medication for your health needs. It protects your well-being.
What happens if you break this law? If you break this law, you could go to jail for up to six months. You might also have to pay a fine of up to five thousand rupees, or both. The police can arrest you without a warrant.
⚖️ Punishment

Imprisonment up to six months, or fine, or both.

💡 Real Life Example

Rahul, a pharmacist, accidentally gives a patient the wrong medicine. He realizes his mistake but does not correct it. This violates Section 278. He could face jail time and a fine.

Priya, a shop owner, sells a generic medicine as a more expensive brand. She knows it is not the brand. This is also a violation of Section 278. She could be arrested and fined.

🛡️ KNOW YOUR RIGHTS
  • •Always check the medicine label before taking it.
  • •Report any incorrect medicine to the authorities.
  • •Seek legal advice if accused of selling the wrong drug.
  • •You have the right to legal aid if you cannot afford a lawyer.
❓ FREQUENTLY ASKED QUESTIONS
Section 278 of the BNS deals with selling the wrong medicine. It means selling a drug as a different drug than what it actually is. This includes offering it for sale or giving it out from a dispensary. The law aims to protect people from getting the wrong medication.
If you break Section 278, you could face up to six months in jail. You might also have to pay a fine of up to five thousand rupees. The court can impose both jail time and a fine. The severity of the punishment depends on the nature of the mistake.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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