Bharatiya Nyaya Sanhita, 2023
BNS Section 123
Causing hurt by means of poison, etc., with intent to commit an offence
In one line
BNS Section 123 deals with causing hurt by means of poison, etc., with intent to commit an offence and replaces IPC 328.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 123 | Causing hurt by means of poison, etc., with intent to commit an offence. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 123
123. 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.
Frequently asked
What was BNS Section 123 in the IPC?
BNS Section 123 (Causing hurt by means of poison, etc., with intent to commit an offence) replaces Section 328 of the Indian Penal Code, 1860. IPC 328 is now BNS 123.
What is the punishment under BNS 123?
Causing hurt by means of poison, etc., with intent to commit an offence – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 123 bailable?
Non-bailable: BNS 123. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 118 — Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- BNS 119 — Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
- BNS 120 — Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property
- BNS 121 — Voluntarily causing hurt or grievous hurt to deter public servant from his duty
- BNS 122 — Voluntarily causing hurt or grievous hurt on provocation
- BNS 124 — Voluntarily causing grievous hurt by use of acid, etc
- BNS 125 — Act endangering life or personal safety of others
- BNS 126 — Wrongful restraint
- BNS 127 — Wrongful confinement
- BNS 128 — Force