Section 276 IPC - Sale of Drug as a Different Drug or Preparation
Section 276 of the Indian Penal Code, 1860 dealt with the knowing sale, offer, exposure for sale, or issue from a dispensary of a drug or medical preparation as a different drug or medical preparation.
Text and meaning of Section 276 IPC
Section 276 - 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 which may extend to one thousand rupees, or with both.
What did Section 276 IPC prohibit?
The provision targeted deliberate misrepresentation of the identity of a drug or medical preparation. The word knowingly is important: the prosecution had to establish the required knowledge, not merely that an incorrect drug was supplied.
The section covered several forms of dealing with the wrongly represented drug: selling it, offering it for sale, exposing it for sale, or issuing it from a dispensary for medicinal purposes as though it were a different drug or preparation.
Essential ingredients of the offence
- There must be a drug or medical preparation.
- The accused must sell it, offer or expose it for sale, or issue it from a dispensary for medicinal purposes.
- The drug or preparation must be represented or dealt with as a different drug or medical preparation.
- The act must be done knowingly.
Punishment under Section 276 IPC
| Provision | Central IPC punishment |
|---|---|
| Section 276 IPC | Imprisonment of either description for a term up to six months, or fine up to Rs. 1,000, or both. |
The punishment stated above reflects the central text of the Indian Penal Code. State amendments, where applicable, should be checked for the place and period concerned.
Nature and classification of the offence under the CrPC
Under the central First Schedule to the Code of Criminal Procedure, 1973, the offence under Section 276 IPC was classified as non-cognizable, bailable, and triable by any Magistrate. State amendments could change the classification or punishment in particular States, so the locally applicable law must be verified.
Difference between Sections 274, 275 and 276 IPC
| Section | Subject |
|---|---|
| Section 274 IPC | Adulteration of drugs or medical preparations intended for sale. |
| Section 275 IPC | Sale or medicinal use of a drug known to have been adulterated. |
| Section 276 IPC | Knowingly dealing with a drug or preparation as a different drug or preparation. |
Relationship with drug regulation laws
Section 276 IPC was a criminal-law provision concerning knowing misrepresentation of a drug's identity. Separate regulatory requirements governing the manufacture, distribution and sale of drugs also existed under the Drugs and Cosmetics Act, 1940 and the rules made under it. Depending on the facts, those special-law provisions could require separate consideration.
Practical legal point
For a Section 276 IPC allegation, the date and place of the alleged conduct are important. They determine the criminal law and procedural provisions applicable to the case and whether any State amendment affects punishment, cognizability, bail or the court competent to try the offence.
This page explains the central statutory position for general legal information and should be read with amendments and other laws applicable to the relevant State, facts and period.