The Bharatiya Nyaya Sanhita, 2023, has brought many fresh provisions. One such vital provision is BNS Section 278, which focuses on the sale of drugs under false names or preparations. This section targets a serious issue – mislabelling or misbranding of drugs.
Let’s break it down in simple language.
What is BNS Section 278?
Section 278 of the Bharatiya Nyaya Sanhita, 2023 deals with situations where someone sells a drug as a different drug or preparation. In other words, if a person knowingly sells a medicine under the wrong label, or claims it is something that it is not, they can be punished under this section.
Text of the Law (Simplified):
“Whoever, knowingly or negligently, sells, offers for sale, or issues any drug or preparation under a different name or as a different preparation, shall be punished with imprisonment of up to six months, or a fine of up to ten thousand rupees, or both.”
Why is this Important?
Medicines save lives. But if someone is given the wrong medicine, it can be dangerous. In some cases, it can even lead to death.
This section aims to protect public health and safety. It ensures that medicines are sold honestly, and not by cheating people with false labels.
Key Ingredients of Offence under BNS Section 278:
- Sale or distribution of a drug
- False representation – the drug is passed off as something else
- Knowledge or negligence – the person knew it was wrong, or didn’t care to check
- Intent is not always necessary – even negligence can attract punishment
Case Laws and Judicial Insights of BNS Section 278
Let’s understand how courts have dealt with similar cases under the old Indian Penal Code, which now finds place in the BNS.
State of Maharashtra v. M.H. George (1965)
In this case, the Supreme Court held that mens rea (guilty mind) is not always required for regulatory offences. If a person is expected to be careful, their negligence alone can be enough for conviction.
This case supports the idea behind BNS Section 278 – negligence in handling drugs can be fatal, so laws must be strict.
Drugs Inspector v. B.K. Patel (1987)
Here, a druggist was found selling expired drugs under new labels. The court ruled it as cheating and a threat to life, and upheld his conviction.
Although tried under the Drugs and Cosmetics Act, the spirit of the offence matches what Section 278 of BNS punishes.
Short Note for Students & Learners:
BNS Section 278 criminalizes the act of selling a drug or preparation under a false or different name.
It covers both intentional acts and negligent conduct.
Punishment can be up to 6 months jail or ₹10,000 fine.
This section helps ensure trust in medicines and public safety.
Practical Examples of BNS Section 278
Let’s look at a few scenarios where this law could apply:
- A pharmacist sells paracetamol tablets as antibiotics.
- A company labels a painkiller as a vitamin supplement to boost sales.
- A medicine meant for animals is sold as safe for humans.
All of these can be punishable under BNS Section 278.
BNS Section 278 Relation with Other Laws
This section complements existing drug laws, like:
- Drugs and Cosmetics Act, 1940
- Food Safety and Standards Act, 2006
While these deal with licenses, quality, and safety standards, Section 278 ensures criminal accountability for misbranding or false selling of drugs.
Punishment Under BNS Section 278
The punishment may sound light – just six months or ₹10,000 fine.
But here’s the thing:
- It acts as a deterrent.
- It targets small-scale sellers and retailers.
- For larger offences, other laws may apply with harsher penalties.
Why BNS Section 278 Law Matters Today
Fake drugs and mislabelled medicines are a growing threat, especially in small towns and rural areas. Sometimes, patients trust their pharmacist more than their doctor.
A wrong pill can lead to:
- Side effects
- Drug resistance
- Or worse, death
That’s why Section 278 of BNS is critical. It fills a legal gap by ensuring that such actions are not just unethical, but also criminally punishable.
Defenses Available to the Accused
However, the accused can also defend themselves by proving:
- They had no knowledge of the false labelling
- They took reasonable care before selling
- The mistake was caused by a supplier or manufacturer
The court will see whether the seller acted responsibly or not.
Conclusion
Section 278 Sale of drug as a different drug or preparation is a powerful step to protect public health. It makes sure that people handling medicines are careful, honest, and accountable.
Whether you are a pharmacist, a wholesaler, or even a local medical store owner — you must ensure that every drug sold is labelled truthfully and accurately.
Even a small mistake or carelessness can lead to criminal prosecution.
Disclaimer:
This article is meant for general awareness and educational purposes only. It does not constitute legal advice. For specific cases or legal concerns, please consult a qualified lawyer or legal expert.
