Sale of drug as a different drug or preparation
Section 276 of the Indian Penal Code, 1860 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 one thousand rupees, or with both.
Section 276, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 278 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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
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
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 276
What have the courts held on Section 276 of the Indian Penal Code?
Kundan Kumar vs The State of Bihar (14 Dec 2022) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 276 of the Indian Penal Code?
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: IPC 276, section 276 IPC, section 276 of the Indian Penal Code. People searching for it also type ipc 276 punishment and ipc 276 in bns. 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 276 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNS 278 (Sale of drug as a different drug or preparation), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 276 of the Indian Penal Code come into force?
Section 276 of the Indian Penal Code, cited as IPC 276, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.