Section 278 – Bharatiya Nyaya Sanhita (BNS) – Sale Of Drug As A Different Drug Or Preparation.

Code: Section 278 BNS

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.

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Explanation of Section 278 BNS

Section 278 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the fraudulent practice of misrepresenting a drug or medical preparation as something it is not. This section is designed to protect consumers from deceptive practices that can lead to ineffective treatment, adverse health effects, or even life-threatening consequences.

Key Features:

• Fraudulent Misrepresentation: Applies when a person knowingly sells or distributes a drug as a different product.
• Scope: Covers all forms of sale, including retail pharmacies, dispensaries, and medical suppliers.
• Punishment: Imprisonment up to six months, a fine up to ₹5,000, or both.

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Illustration of Section 278 BNS

1. Fake Antibiotics:
   Rajeev, a chemist, sells a low-quality antibiotic branded as a premium drug to make a profit, despite knowing the difference.
2. Substitute Painkillers:
   Neha, a pharmacist, provides a generic painkiller but labels it as a brand-name drug to attract customers, deceiving them about its efficacy.
3. Misleading Herbal Remedies:
   Arvind sells an herbal remedy claiming it is a rare, exotic medicine known for its healing properties, but it’s actually a common, ineffective mixture.

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Common Questions About Section 278 BNS

1. What does Section 278 prohibit?

• Answer: It prohibits knowingly selling or distributing a drug as a different drug or preparation than it actually is.

2. Does this apply to both prescription and non-prescription drugs?

• Answer: Yes, it applies to all types of medicinal products, regardless of whether they require a prescription.

3. What are the penalties under Section 278?

• Answer: Offenders may face up to six months of imprisonment, a fine up to ₹5,000, or both.

4. Can a pharmacist be penalized under this section?

• Answer: Yes, pharmacists can be held liable if they knowingly misrepresent drugs to consumers.

5. Does ignorance of the law apply as a defense?

• Answer: No, the law requires knowledge of the misrepresentation for the punishment to apply.

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Conclusion

Section 278 of the Bharatiya Nyaya Sanhita (BNS), 2023 plays a crucial role in safeguarding public health by criminalizing the sale of drugs under false pretenses. It ensures that consumers receive the correct medications, protecting them from potential harm caused by fraudulent practices. This legal provision emphasizes the importance of honesty and transparency in the pharmaceutical industry.

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