What is IPC Section 276?
IPC Section 276 sits in Chapter XIV of the Indian Penal Code, "Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals," at the end of the cluster addressing drug-related public health offences (Sections 274–276). Where Section 274 punishes adulterating a drug, and Section 275 punishes knowingly selling an adulterated drug as unadulterated, Section 276 addresses a related but conceptually distinct wrong — misrepresenting one genuine, unadulterated drug as though it were an entirely different one.
This distinction matters in practice: a pharmacist who knowingly dispenses paracetamol while claiming it is a different, prescribed medication commits this specific offence, even though the paracetamol itself may be perfectly genuine and unadulterated — the harm lies in the patient unknowingly receiving the wrong treatment, with potentially serious consequences depending on what condition they were actually being treated for.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 276 IPC now corresponds to Section 278 of the BNS, which raises the maximum fine from ₹1,000 to ₹5,000, retaining the same substantive scope otherwise.
Legal Provision — Text of Section 276 IPC
This provision must be read together with Section 274 (adulteration of drugs) and Section 275 (sale of adulterated drugs as unadulterated), the two neighbouring drug-safety provisions in this chapter. Note that Uttar Pradesh has enacted a significant state amendment substituting the punishment across Sections 272–276 with imprisonment for life and fine, subject to a proviso — a dramatic departure from the central punishment scheme reflecting that state's own policy response to public health concerns around adulterated and substituted food and drugs.
Punishment Under Section 276
| Punishment (Central/General) | Imprisonment of either description up to 6 months, or fine up to ₹1,000, or both |
|---|---|
| Nature of Offence | Non-cognizable — police generally require a Magistrate's order to investigate or arrest |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Non-compoundable |
| Triable By | Any Magistrate |
| Uttar Pradesh State Amendment | Imprisonment for life, with or without fine — Cognizable, Non-bailable, Court of Session |
The striking gap between the central punishment scheme and Uttar Pradesh's state amendment — from a modest, bailable 6-month maximum to potential life imprisonment — illustrates how significantly criminal law consequences for the same conduct can diverge across Indian states, given states' constitutional power to amend Central Acts within their own territory.
Key Ingredients / Essential Elements
Knowledge of the substitution
The accused must have known that the drug or medical preparation was actually different from what was being represented.
Selling, offering, exposing for sale, or dispensary issuance
The accused must have sold, offered or exposed for sale, or issued the drug from a dispensary for medicinal purposes.
Representation as a different drug
The drug or preparation must have been represented as a different drug or medical preparation than what it actually was.
What Should You Do — For Victims and For the Accused
If You Were Given the Wrong Medicine
- Seek medical attention immediately if you suspect you received the wrong drug, particularly if you have experienced any adverse effects.
- Preserve the medication packaging, receipt, and any prescription documentation as evidence.
- File a complaint before the appropriate Magistrate, since the offence is non-cognizable.
- Consult a lawyer about pursuing both criminal proceedings and any available civil claims for resulting harm, and consider reporting the matter to relevant drug regulatory authorities.
If You Are Accused Under Section 276
- Consult a criminal lawyer promptly to assess the specific facts, including whether you genuinely knew the substitution was occurring.
- Gather evidence if the substitution was genuinely accidental — for example, a clerical or inventory error, made without the required knowledge.
- Being bailable under the central provision, you are entitled to bail as a matter of right, though check whether a state amendment applies to your location.
- Work with your lawyer to understand how the specific facts of your case are treated under the applicable central or state provision.
How Section 276 Relates to Neighbouring Provisions
- Section 274 punishes adulterating a drug or medical preparation.
- Section 275 punishes knowingly selling an adulterated drug as unadulterated.
- Section 276 (this section) punishes knowingly selling, offering, or dispensing one drug as a different drug altogether.
- The Drugs and Cosmetics Act, 1940 operates as a specialised, more detailed statutory framework governing drug quality, labelling, and misbranding, often providing more stringent and specific penalties, and frequently forms the primary basis for prosecution in serious pharmaceutical misrepresentation cases.