IPC Section 276
IPC Section 276 – Sale of drugs prohibited by law
Text of Section 276 (simplified):
"Whoever sells, or offers for sale, or distributes any drug which is prohibited by law, shall be punished."
1. Nature of the Offense
Section 276 is a criminal offense under the Indian Penal Code (IPC).
It is designed to prevent the sale or distribution of harmful or illegal drugs.
This section covers both the act of selling and offering to sell prohibited drugs.
2. Key Ingredients of the Offense
To constitute an offense under Section 276, the following elements must exist:
Sale or offer to sell a drug:
The person sells, distributes, or offers for sale any drug.
Even offering a drug for sale counts, even if no actual sale occurs.
Knowledge that the drug is prohibited:
The seller must know that the drug is prohibited by law.
Ignorance of the law is generally not an excuse.
Prohibited drugs:
Any drug declared illegal under law or government regulations.
This includes drugs listed in the Narcotic Drugs and Psychotropic Substances Act, certain poisons, and other controlled substances.
3. Punishment under IPC Section 276
Imprisonment: May extend up to 6 months or more depending on the severity of the case.
Fine: A monetary penalty may also be imposed.
Both imprisonment and fine may be imposed simultaneously.
4. Example Cases
Example 1:
A shopkeeper knowingly sells banned cough syrups containing codeine. This violates Section 276.
Example 2:
A person offers to sell illegal narcotic pills online. Even if no one buys them, the act of offering itself falls under Section 276.
5. Difference from Related Sections
Section 272 IPC: Deals with adulteration of drugs, which is about making drugs harmful or impure.
Section 273 IPC: Deals with sale of drugs that are not necessarily banned but are harmful to health.
Section 276: Specifically criminalizes sale or distribution of prohibited drugs under law.
✅ Summary:
IPC Section 276 punishes anyone who sells, offers to sell, or distributes drugs that are prohibited by law, aiming to protect public health and safety. Knowledge of the illegality of the drug is a key factor.
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