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.
IPC Section 328: Simplified Explanation
IPC Section 328 of the Indian Penal Code deals with the offence of causing hurt using poison or any other harmful substance. This section is specifically applied when a person administers or causes another person to consume poison, drugs, or any other harmful substance with the intent to cause hurt or with the knowledge that such an act is likely to cause hurt.
Key elements of this section include:
- Administration of Harmful Substance: The person administers or causes someone to take a poison, drug, or other harmful substance.
- Intent or Knowledge: The person intends to cause hurt or knows that the substance is likely to cause hurt.
Is IPC Section 328 Bailable?
IPC Section 328 is a non-bailable offence. Given the potentially severe consequences of poisoning or administering harmful substances, the accused must appear before a court to seek bail.
IPC Section 328 Punishment
The Punishment under IPC Section 328 for causing hurt by poison or harmful substances includes:
- Imprisonment for up to ten years,
- And also liable to a fine.
The Punishment reflects the serious nature of using harmful substances to cause injury.
Example of IPC Section 328
A real-life example involving IPC Section 328 occurred in a case where an employee, out of spite, mixed a toxic substance into the food of a colleague, causing the colleague to fall seriously ill. The victim experienced severe symptoms and required hospitalization. After an investigation, the perpetrator was arrested and charged under IPC Section 328 for administering a noxious substance with the intent to cause hurt. This case highlighted the severe legal repercussions for using harmful substances to intentionally harm others and the protective measures enforced by the legal system against such offences.
