What is Section 276 IPC? Sale of drug as a different drug or preparation
Published on: Lawiz Team
Learn about Section 276 IPC: Sale of drug as a different drug or preparation
Official Legal Text
Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medical purposes, any drug or medical preparation, under a name or designation different from that by which it is generally known, 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 This IPC Section Means – Explained in Simple Words
Section 276 punishes anyone who sells or offers for sale a drug, falsely representing it as a different drug or preparation.
Purpose
To prevent fraud in the sale of drugs and ensure that buyers receive the correct medicines.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 6 months, or fine, or both.
Key Elements
1. The person must sell or offer for sale a drug. 2. They must falsely represent it as a different drug or preparation. 3. The buyer must be misled by the false representation.
Punishment Details
Imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Legal Defenses
If the person can prove they were unaware of the false representation.
Judicial Interpretation
Courts focus on whether the drug was falsely represented and whether the buyer was deceived.
Illustration
If a shopkeeper sells a vitamin tablet as an antibiotic, they can be punished under Section 276.
FAQs
What does Section 276 IPC define?
Sale of drug as a different drug or preparation.
When is Section 276 IPC applicable?
It applies to offences like sale of drug as a different drug or preparation, fraud, negligence, or disruption of public safety.
Why is Section 276 IPC important?
It ensures accountability and prevents fraudulent, negligent, or dangerous activities.
Give an example involving Section 276 IPC.
Examples include counterfeit government stamps, adulterated food, negligent public danger acts, etc.
What is the punishment under Section 276 IPC?
Punishment may include imprisonment, fine, or both depending on the gravity of the act.
How do courts deal with Section 276 IPC violations?
Courts view these violations seriously to maintain public trust, health, and law and order.
How can offences under Section 276 IPC be prevented?
Awareness, regulatory compliance, and strict law enforcement can prevent such offences.