BNS Section 123 – Causing hurt by means of poison, etc , with intent to commit an offence

IPC Section – 328

Causing hurt by means of poison, etc , with intent to commit an offence

Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Administration of Harmful Substances to Cause Hurt or Commit an Offence

1. What is the Offence?

This law deals with the act of administering harmful substances (such as poison, stupefying drugs, intoxicating substances, or unwholesome drugs) to a person. The substances can impair health, bodily functions, or mental faculties.

2. Key Elements of the Offence

• Intent to Cause Hurt or Commit an Offence:
  The person administering the substance must either:
  1. Intend to cause hurt (bodily pain, disease, or infirmity), or
  2. Intend to commit or facilitate another offence (e.g., theft, assault, etc.).
• Knowledge of Likely Harm:
  The offender may also be guilty if they knowingly administer a substance likely to cause harm, even if they did not specifically intend to hurt the victim.

3. Punishment

• Imprisonment: Up to 10 years.
• Fine: The court may impose a fine in addition to imprisonment. The amount is decided based on the case circumstances.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by a Court of Session.

5. Emphasis on Public Safety

This law highlights the importance of public safety by imposing strict penalties for using harmful substances to endanger individuals or commit crimes. It acts as a deterrent against using poisons or drugs for criminal purposes, such as assault or theft.

Summary of the Offence