Sale of drug as a different drug or preparation
Section 278 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 w The Act came into force on 01 Jul 2024.
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.
Section 278, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 276 Sale of drug as a different drug or preparation Text carried over almost unchanged 99%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| 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. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kundan Kumar vs The State of Bihar
Decided under Indian Penal Code 276, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving possession of small quantities of controlled substances or items regulated under drug and cosmetics laws, where the accused has been in custody for a substantial period and possesses a clean antecedent, regular bail may be granted subject to conditions ensuring cooperation in trial and preventing future similar offences.
On this section: Cited as the primary offence for which the petitioner was arrested; relates to possession of cough syrups without proper authorization or in violation of regulations
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Arihant Exports Ltd. vs D.s.brar
Decided under Indian Penal Code 276, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When both the Trial Court and the Revisionist Court have concurrently found prima facie establishment of criminal allegations, the High Court will not interfere with the impugned order in the absence of compelling reasons to do so.
On this section: The court examined whether prima facie case was established under these sections for prosecution of Arihant Exports Ltd. The court upheld the lower courts' findings that allegations under these sections were prima facie established.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 278
What have the courts held on Section 278 of the Bharatiya Nyaya Sanhita?
Kundan Kumar vs The State of Bihar (14 Dec 2022) is the leading judgment on this section among those set out below, though it was decided under IPC 276, which this section replaced -- the court never mentioned this Act: Cited as the primary offence for which the petitioner was arrested; relates to possession of cough syrups without proper authorization or in violation of regulations. Another 1 judgment on this section is set out below. They run from 2003 to 2022.
Is Section 278 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 278 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 278 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 278, section 278 BNS, section 278 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 278 2 and 278 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Kundan Kumar vs The State of Bihar (14 Dec 2022).
What should I read with Section 278 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 276 (Sale of drug as a different drug or preparation), so the judgments decided under that provision are the case law on this one.
When did Section 278 of the Bharatiya Nyaya Sanhita come into force?
Section 278 of the Bharatiya Nyaya Sanhita, cited as BNS 278, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.