Section 123 BNS: Causing hurt by means of poison, etc., with intent to commit an offence
Bharatiya Nyaya Sanhita, 2023
Section 123 BNS at a Glance
Section 123 BNS deals with causing hurt by means of poison, etc., with intent to commit an offence. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 328 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 123 BNS Bare Act Text
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.
Source: Section 123, Bharatiya Nyaya Sanhita, 2023
Section 123 BNS in Simple Words
Section 123 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with causing hurt by using poison or any stupefying, intoxicating, or unwholesome thing. It applies where a person knowingly administers, causes to be taken, or uses such a substance with the intention of causing hurt, or with knowledge that hurt is likely to result. The focus is on the act of administering the harmful substance and the state of mind behind it. This provision is often relevant in cases involving spiked food or drink, drugging, or secretly giving a harmful substance to a person.
The law treats such conduct seriously because the victim may be unable to protect themselves or may not even realise what has happened. In practice, police, doctors, and courts look for evidence such as medical reports, witness statements, recovery of the substance, and proof of intent or knowledge. It is a serious offence because the harm can be sudden and difficult to detect.
Ingredients of Section 123 BNS
- Administering to, or causing to be taken by, any person any poison, or any stupefying, intoxicating or unwholesome drug, or other thing
- 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
Punishment Under Section 123 BNS
Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The offender is also liable to fine in addition to imprisonment.
Administering poison or a stupefying drug with intent to cause hurt or commit an offence carries imprisonment of either description for up to ten years, and liability to fine. The offence is cognizable, non-bailable, triable by the Court of Session, and not compoundable.
Example of Section 123 BNS
When Section 123 BNS Does Not Apply
- The accused did not administer or cause to be taken by any person any poison, stupefying, intoxicating or unwholesome drug, or other thing
- The act was done without intent to cause hurt, without intent to commit or facilitate an offence, and without knowledge that hurt was likely to be caused
Section 123 BNS in the IPC (Previous Law)
Section 123 BNS replaces Section 328 IPC from the old criminal code.
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.
View IPC Section 328 →FAQs on Section 123 BNS
What does Section 123 BNS punish?▼
It punishes a person who causes hurt by giving poison or any harmful stupefying, intoxicating, or unwholesome substance. The law is aimed at secret or deceptive administration of harmful material. The injury must be linked to that act.
Under Section 123 BNS, is it necessary to prove exact poison used?▼
Not always, but the prosecution must show that a harmful substance was administered and that it caused hurt. Medical evidence, chemical analysis, and witness testimony often help prove the case. The exact substance strengthens the case, but circumstantial evidence can also matter.
Is Section 123 BNS bailable?▼
No. It is generally treated as a non-bailable and cognizable offence. That means arrest can be made without a warrant, and bail is not a matter of right.
Under Section 123 BNS, what changed when the Bharatiya Nyaya Sanhita came into force?▼
The earlier provision has been carried into Section 123 BNS under the new numbering system without changing the ingredients or punishment. Practitioners must cite Section 123 BNS in new matters, while older cases are governed by the earlier law depending on when the incident occurred.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·