Section 328 IPC: Causing Hurt by Poison or Intoxicating Substances to Commit an Offence
Section 328 of the Indian Penal Code, 1860, addresses administering poison, stupefying, intoxicating or unwholesome substances with intent to cause hurt or commit or facilitate an offence, or with knowledge that hurt is likely. The broadly corresponding current provision is Section 123 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Original statutory text: Section 328 IPC
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.
The wording above preserves the statutory provision reproduced in the uploaded page. The old page's heading contained the typographical phrase "and offence"; the correct heading uses "an offence".
Corresponding current law: Section 123 BNS
Section 123 BNS, titled Causing hurt by means of poison, etc., with intent to commit an offence, addresses administering or causing another person to take poison or stupefying, intoxicating or unwholesome drugs or other things with the specified criminal intention or knowledge. It provides for imprisonment of either description for up to ten years and liability to fine.
The provision targets the deliberate use of such substances as a means of causing harm or facilitating another crime. The exact statutory elements, not merely the presence of an intoxicant, determine whether the offence is established.
Essential ingredients of the offence
- Administration or causation: The accused administered a covered substance or caused the person to take it.
- Covered substance: Poison, a stupefying, intoxicating or unwholesome drug, or another thing within the statutory wording.
- Required mental element: The act was done with intent to cause hurt, or to commit or facilitate an offence, or with knowledge that hurt was likely to result.
- Proof of involvement: The evidence must link the accused to the administration or causing of ingestion and establish the requisite intention or knowledge.
Meaning of important expressions
Poison, stupefying and intoxicating substances
Poison generally refers to a substance capable of causing harmful physiological effects. A stupefying substance impairs consciousness or awareness; an intoxicating substance can impair mental or physical functioning. A substance's classification and its effect in a particular case are matters for evidence, including toxicology and medical findings.
Hurt and intention to facilitate an offence
Section 319 IPC defines hurt as causing bodily pain, disease or infirmity; the corresponding BNS definition is Section 114. Facilitating an offence means acting to assist or make another criminal act easier, such as incapacitating a person to enable theft. The separate offence need not be assumed merely because a substance was used.
Punishment under IPC Section 328 and BNS Section 123
| Point | Section 328 IPC | Section 123 BNS |
|---|---|---|
| Subject | Poison or stupefying, intoxicating or unwholesome substances used with specified intent or knowledge | Broadly corresponding offence |
| Imprisonment | Either description, up to ten years | Either description, up to ten years |
| Fine | Also liable to fine | Also liable to fine |
| Relevant period | Earlier conduct, subject to savings | Generally conduct from 1 July 2024 |
Difference from related IPC offences
Section 323 IPC addresses ordinary voluntarily causing hurt. Section 324 IPC concerns hurt caused by specified dangerous means, including poison. Section 328 IPC specifically addresses administering or causing ingestion of covered substances with the stated criminal purpose or knowledge. Section 327 IPC concerns hurt used to extort property or compel an illegal act. Depending on the evidence, offences may overlap; the correct charges must be determined from the statutory ingredients.
Practical illustrations
- Drink spiking: A person secretly adds a stupefying drug to another person's drink intending to incapacitate them and steal their belongings. Section 328 IPC or Section 123 BNS may be relevant, depending on the date and proof.
- Deliberate poisoning: A person knowingly administers a harmful substance intending to cause hurt. The relevant provision depends on the act, substance and proved mental element.
- Accidental exposure: Accidental ingestion without the requisite intention or knowledge does not, merely by itself, establish this particular offence; other laws may still be relevant.
These examples are illustrative and do not determine liability in any specific case.
Evidence and investigation
Potential evidence includes prompt medical examination, hospital records, toxicology reports, forensic analysis of food or drink, witness statements, CCTV, digital communications, recovery and chain-of-custody records. A toxicology result is not by itself a substitute for proof of administration and the required mental element. The prosecution must establish the ingredients of the charged offence beyond reasonable doubt.
Arrest, bail and trial procedure depend on the applicable criminal procedure legislation and the specific charges. For post-commencement matters, consult the Bharatiya Nagarik Suraksha Sanhita, 2023, and relevant schedules.
Frequently asked questions
What is Section 328 IPC?
Section 328 IPC penalises administering or causing a person to take poison or a stupefying, intoxicating or unwholesome drug or other thing with the specified intent or knowledge.
Which BNS provision corresponds to IPC Section 328?
Section 123 of the Bharatiya Nyaya Sanhita, 2023, broadly corresponds to Section 328 IPC.
What is the punishment under Section 328 IPC?
Imprisonment of either description for up to ten years and liability to fine.
Is actual hurt always necessary under Section 328 IPC?
The statutory wording covers administration or causing ingestion with specified intent or knowledge; proof of the act and mental element is essential. The prosecution need not necessarily prove a completed separate offence.
Does Section 328 cover drugging someone to facilitate theft?
It can apply where the statutory act and intention to commit or facilitate an offence are proved; other offences may also be charged on the facts.
Which law applies after 1 July 2024?
The BNS generally applies to conduct committed from 1 July 2024, subject to saving and transitional provisions for earlier IPC offences.
Official legislation and useful links
- Bharatiya Nyaya Sanhita, 2023 - India Code official text (Section 123).
- India Code - official legislation repository for the IPC and BNS.
- Ministry of Home Affairs - information about the new criminal laws.
Updated 30 October 2026. General legal information only; case-specific advice requires examination of the evidence and applicable law.