IPC 328→BNS 123

IPC 328 to BNS 123: Causing hurt by means of poison, etc., with intent to commit an offence

Section 328 IPC (1860) replaced by Section 123 BNS (2023)

View IPC Section 328 →View BNS Section 123 →

IPC 328 to BNS 123 at a Glance

Section 328 IPC (Causing hurt by means of poison, etc., with intent to commit an offence) is now Section 123 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable, and only the section number changed.

What Changed From IPC 328 to BNS 123?

Section 328 IPC is succeeded by Section 123 BNS. The wording of the offence and the punishment of imprisonment of either description for up to ten years and liability to fine are retained without change in Section 123 BNS.

IPC 328 vs BNS 123: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section328123
OffenceCausing hurt by means of poison, etc., with intent to commit an offenceSame
PunishmentImprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Same
FineThe offender is also liable to fine in addition to imprisonment.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 328 and BNS 123: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 328, IPC 1860

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.
BNS 2023 (in force)

Section 123, BNS 2023

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.

Ingredients: IPC 328 vs BNS 123

Under IPC 328
  1. The accused administered to, or caused to be taken by, any person any poison, or any stupefying, intoxicating or unwholesome drug, or other thing
  2. The accused acted 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 would thereby cause hurt
Under BNS 123
  1. Administering to, or causing to be taken by, any person any poison, or any stupefying, intoxicating or unwholesome drug, or other thing
  2. Acting with intent to cause hurt, or with intent to commit or facilitate the commission of an offence, or knowing that hurt is likely to be caused

What IPC 328 to BNS 123 Means for Pending Cases

For Section 328 IPC (now Section 123 BNS): the offence and the punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 123 BNS and is framed on the same elements as before. The offence remains non-bailable, triable by the Court of Session, and not compoundable.

FAQs: IPC 328 to BNS 123

What changed from Section 328 IPC to Section 123 BNS?▼

The statutory text and the punishment remain unchanged. Section 123 BNS repeats the provisions of Section 328 IPC word for word.

Where is Section 328 IPC placed in the Bharatiya Nyaya Sanhita?▼

In Section 123 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of hurt.

Does Section 328 IPC or Section 123 BNS apply to an act done before 1 July 2024?▼

Section 328 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 328 IPC. Section 123 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·