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.
IPC Section 276: Simplified Explanation
IPC Section 276 addresses the offence of selling a drug or medical preparation under the pretence that it is a different drug or preparation. This section is crucial for ensuring the integrity and honesty of pharmaceutical sales, as selling a drug under false pretences can lead to ineffective treatment, adverse health effects, and erosion of public trust in medical products.
Legal Provisions:
- This section applies to anyone who sells, offers or exposes for sale any drug or medical preparation, knowing it to be falsely labelled or represented as another drug or preparation.
- The focus is on the seller’s knowledge and intent to deceive the buyer about the nature of the drug or preparation.
Is IPC Section 276 bailable?
Yes, IPC Section 276 is a bailable offence. This means the accused can be released on bail, subject to the court’s discretion or the police officer in charge.
IPC Section 276 Punishment
The punishment for the offence under IPC Section 276 is:
- Imprisonment of either description (rigorous or straightforward) for a term that may extend to six months.
- A fine which may extend to one thousand rupees.
- Or both imprisonment and fine.
The punishment reflects the severe implications of selling drugs under false pretences, which can lead to significant health risks and loss of consumer trust.
Example of IPC Section 276
A pharmacist was found selling a common painkiller under the label of a more expensive and potent antibiotic. Customers purchased the painkiller, believing it to be the antibiotic, which led to ineffective treatment of their infections. Upon investigation by health authorities, it was discovered that the pharmacist mislabeled and misrepresented the drug to increase profits. The pharmacist was charged under IPC Section 276 for selling a drug as a different drug or preparation. The court imposed a fine and sentenced the pharmacist to imprisonment, underscoring the importance of accurate labelling and honest representation in pharmaceutical sales.
This example highlights the application of IPC Section 276 in maintaining the integrity of drug sales and protecting public health from fraudulent practices.
