IPC 328 → BNS 123: Poisoning

IPC 328 (now BNS 123): Causing Hurt by Means of Poison

IPC 328 punished administering poison, or any stupefying, intoxicating or unwholesome drug or other thing, with intent to cause hurt or to commit or facilitate an offence. It is the classic charge in spiking, sedation-robbery and criminal-poisoning cases. From 1 July 2024 it continues as Section 123 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 123

Same — up to 10 years imprisonment with fine. Section 123 punishes the offence with imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine. The high ceiling reflects the stealth of the offence — the victim is typically rendered helpless before any further crime is committed.

What changed from IPC to BNS?

No major change. The ingredients are reproduced from old IPC 328: an act of administering, or causing a person to take, a harmful substance; the intent to cause hurt or to commit or facilitate an offence (or knowledge that hurt is likely); and the resulting or likely harm. "Hurt" here takes its meaning from Section 114 BNS. Apart from the renumbering, the offence operates exactly as before.

Worked example

A laces a fellow train passenger's drink with a sedative so that, once the passenger falls unconscious, A can take his luggage. By administering a stupefying drug with intent to facilitate theft, A commits the offence under Section 123 — punishable up to ten years and fine — quite apart from any separate charge for the theft itself.

Practical notes

• For advocates: Prove both the administering of the substance and the accompanying intent; chemical analysis or medical evidence of stupefaction is usually decisive. Section 123 commonly runs alongside the charge for the offence it was meant to facilitate, such as theft or robbery.
• For the accused / citizens: This is a cognizable, non-bailable charge triable by the Court of Session. The presence and nature of the substance, and any proof of intent, are the central battlegrounds; absence of harmful intent or genuine consent are the usual defences.

Related reading: hurt by dangerous means (IPC 324 to BNS 118) and theft (IPC 379 to BNS 303).