Bharatiya Nyaya Sanhita, 2023
Section 123
Causing hurt by means of poison, etc., with intent to commit an offence
, 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.
Why this exists
This provision continues the approach of the earlier Indian Penal Code (Section 328), aimed at stopping criminals from using poison or intoxicating substances as tools of crime — for example, drugging a person to rob, assault, or otherwise harm them. Poisoning was historically seen as a particularly deceitful and dangerous method of causing harm because the victim often cannot resist or even realize what is happening.
How courts read it
Under the predecessor provision (Section 328 IPC), courts have generally held that the prosecution must show the accused administered the substance knowingly and with the required intent or knowledge of likely harm, and have applied it in cases ranging from spiking food or drinks to facilitate theft to poisoning intended to cause serious injury. Specific case law under the new BNS provision is not yet settled.
Common misconceptions
- Myth: This law only applies if the poison actually kills or seriously injures the victim.
Fact: The law applies even if no serious harm occurs — it's enough that the person intended to cause hurt or facilitate a crime, or knew harm was likely. - Myth: It only covers dangerous poisons like arsenic or cyanide.
Fact: It also covers any stupefying, intoxicating, or unwholesome substance — including sedatives, alcohol used to incapacitate someone, or spoiled food/drugs given with bad intent.