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IPC Section 328 in BNS: Section 123

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

Section 328 of the Indian Penal Code, 1860 (Causing hurt by means of poison, etc., with intent to commit and offence) corresponds to Section 123 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 123 is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for 10 years and fine.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
123Causing hurt by means of poison, etc., with intent to commit an offence.Imprisonment for 10 years and fine.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 123

123. 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.

Full BNS Section 123 and every IPC section it replaced →

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