IPC Section 328 — Causing hurt by means of poison, etc., with intent to commit and offence

hurt

Criminal

Punishment

Imprisonment up to 10 years and fine

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine”

Summary

Whoever gives someone poison, a drug that makes them drowsy, drunk, or sick, or any other harmful substance—or makes them take it—with the aim of hurting them, or to commit or help commit a crime, or knowing that it will likely cause hurt, can be imprisoned for up to ten years and also fined.

Official Text

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.

Related Judgments

  • STATE OF HIMACHAL PRADESH vs NIRMALA DEVI — Supreme Court of India (2017)
  • OM PRAKASH vs THE STATE OF PUNJAB — Supreme Court of India (1961)
  • E.K. CHANDRASENAN ETC. ETC. vs STATE OF KERALA — Supreme Court of India (1995)

Old <-> New Code Mapping

  • BNS §123 — Causing hurt by means of poison, etc., with intent to commit an offence