Bharatiya Nyaya Sanhita: Section 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.

Simplified Explanation

This section focuses on the use of harmful substances such as poison, stupefying drugs, or any intoxicating or unwholesome substances to cause harm to another person, particularly when done with specific criminal intent.

Key Elements of the Offense:

1. Administering Poison or Harmful Substances:
   • The section criminalizes the act of administering or causing a person to ingest or take substances like:
     • Poison (a substance that causes death or severe injury),
     • Stupefying drugs (substances that make the person unconscious or drowsy),
     • Intoxicating substances (substances that impair a person’s mental faculties),
     • Unwholesome drugs (any substance that is harmful to the body or health).
2. Intent to Cause Hurt:
   • The person administering the harmful substance must intend to cause hurt to the victim. Hurt, as defined earlier, refers to any physical injury or pain caused to the body.
   • Alternatively, the person may intend to facilitate the commission of another offense. For example, the substance could be used to incapacitate someone so that the offender can rob or assault them.
3. Knowledge of Likely Harm:
   • If the person administering the substance knows that the act will likely cause hurt to the person, the law still holds them accountable, even if the primary intent was not to cause harm.

Punishment:

• The law prescribes imprisonment of either description (which means imprisonment for any term, whether rigorous or simple) for a term that may extend to ten years.
• Additionally, the person shall also be liable to a fine.

Legal Implications:

• Intention and Knowledge: The section takes into account both intent (a clear intention to harm or facilitate another crime) and knowledge (being aware that harm is likely to occur) in determining criminal liability.
• Seriousness of the Offense: The use of poison or harmful substances is considered a serious offense, especially when it is used to facilitate or commit other crimes, which is why the law imposes a heavy penalty, including long-term imprisonment and a fine.

Key Points to Remember:

• The Act of Administering Harmful Substances: The section addresses a broad range of harmful substances, including poison, drugs, and unwholesome substances.
• Intent to Commit an Offense: The punishment is heightened when the substance is used with the intent to commit another crime or to cause harm intentionally.
• Grave Penalties: The section carries a significant penalty, which reflects the gravity of intentionally causing harm through poisoning or similar methods, with the maximum term of ten years imprisonment.

This law is designed to act as a deterrent against the use of dangerous substances to harm others, whether as part of an individual assault or as a means to facilitate another crime.