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IPC 276 → BNS 278: Sale of Drug as Different

IPC Section 276 (Sale of Drug as Different) under the old Indian Penal Code 1860 is now covered under Section 278 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

276

Sale of Drug as Different

Sale of drug as a different drug or preparation

New Law — BNS 2023

278

Sale of Drug as Different

Punishment / Liability
Same - Up to 6 months
Key Change / Note
No major change

Facing a case under BNS 278?

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What changed for IPC 276?

IPC 276 (Sale of Drug as Different) — sale of drug as a different drug or preparation — now maps to BNS Section 278. Key change: No major change. Punishment under BNS 278: Same - Up to 6 months.

Quick Summary: IPC 276 vs BNS 278

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 276 covers sale of drug as different, within the IPC's offences affecting public health, safety, decency and morals — public nuisance, negligent acts endangering life, adulteration, obscenity and rash driving. The BNS keeps these and, in places, sharpens the penalties for negligence, renumbering sale of drug as different as BNS 278.

What did IPC 276 cover?

IPC 276 dealt with sale of drug as differentsale of drug as a different drug or preparation. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 278: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to sale of drug as different are filed under BNS Section 278, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 278

Same - Up to 6 months

Practical implications for advocates, police & citizens

  • Advocates: Negligence and public-harm offences like sale of drug as different turn on the standard of care and causation — frame the defence around BNS 278 and the specific duty alleged.
  • Police officers: Record the act endangering the public and any injury caused; a new sale of drug as different FIR cites BNS 278.
  • Law students & citizens: Everyday conduct — rash driving, negligent handling of fire or poison, selling adulterated goods — can attract the sale of drug as different provision.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 276?

IPC Section 276 (Sale of Drug as Different) is now covered under Section 278 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 278?

Same - Up to 6 months

What is the key difference between IPC 276 and BNS 278?

No major change

Is IPC 276 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The sale of drug as different offence earlier in IPC 276 is now governed by BNS 278 — pending IPC 276 cases continue, but new FIRs cite BNS 278.

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