What is the BNS Section 278 equivalent in the old IPC?

BNS Section 278 directly corresponds to legacy IPC Section 276. It consolidates the statutory definition and updated penalties under the Bharatiya Nyaya Sanhita 2023.

Is Section 278 BNS bailable or non-bailable?

Section 278 BNS is classified as: Bailable (Bail is a legal right — granted at police station). In bailable matters, bail is a matter of statutory right before the police or magistrate, whereas in non-bailable offences, bail is at judicial discretion under BNSS.

Is an offence under Section 278 BNS cognizable (arrest without warrant)?

The offence under Section 278 BNS is: Non-cognizable (Police cannot arrest without warrant). In cognizable offences, police officers have the authority to register an FIR and initiate an investigation directly.

Which court has jurisdiction to try cases under Section 278 BNS?

Cases under Section 278 BNS are triable by: Any Magistrate under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

What is the primary objective and citizen takeaway of Section 278 BNS?

Section 278 BNS deals with 'Sale of drug as a different drug or preparation'. It establishes clear criminal liability, modern evidentiary thresholds, and proportionality in sentencing under India's modernized penal framework.

BNS Section 278

BNS Section 278: Sale of drug as a different drug or preparation

Q: What is the punishment and imprisonment under BNS Section 278?

The prescribed statutory penalty under Section 278 BNS is: Imprisonment foras a different drug or6 months, or fine of preparation.5,000 rupees, or both. Sentences are subject to judicial trial assessment and aggravating/mitigating circumstances.

Equivalent Legacy Law: IPC Section 276

💡 Simplified Explanation

BNS Section 278 defines the rules, regulations, and penalties regarding: "sale of drug as a different drug or preparation". This section is part of the updated criminal code of India (BNS, 2023) which modernized the legal framework.

Real-World Scenario

"If an individual is found violating the provisions regarding sale of drug as a different drug or preparation as defined under this Section, they will be charged under BNS Section 278 instead of the old IPC sections."

⚖️ Procedural Classification Summary

Knowingly selling of drug

Bailable: Bailable (Bail is a legal right — granted at police station)

Cognizable: Non-cognizable (Police cannot arrest without warrant)

Triable by: Any Magistrate

Punishment: Imprisonment foras a different drug or6 months, or fine of preparation.5,000 rupees, or both

📜 Official Statutory Provision

The upper limit of fine is increased from one thousand to five thousand rupees.

Bail Status Guide Is Section 278 Bailable? → Sentencing Guide Jail Term & Fine Details →