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

Indian Penal Code, 1860

Section 328 IPC at a Glance

Section 328 IPC 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; from 1 July 2024 it is replaced by Section 123 BNS.

Punishment

Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

BNS Equivalent

Section 123 →

Section 328 IPC Bare Act Text

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.

Source: Section 328, Indian Penal Code, 1860

Section 328 IPC in Simple Words

Section 328 of the Indian Penal Code (IPC) punishes administering to or causing to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing. The act must be done with intent to cause hurt, or with intent to commit or facilitate the commission of an offence, or knowing it to be likely that hurt will thereby be caused.

The punishment is imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable by the Court of Session.

Ingredients of Section 328 IPC

The accused administered to, or caused to be taken by, any person any poison, or any stupefying, intoxicating or unwholesome drug, or other thing
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

Punishment Under Section 328 IPC

Imprisonment

Imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Fine

The offender is also liable to fine in addition to imprisonment.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

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 328 IPC

In December 2019, aboard an overnight train bound for Lucknow, Dinesh mixed a stupefying narcotic powder into a bowl of sweet porridge and offered it to his fellow passenger Gautam. Gautam ate the porridge without suspecting anything and soon fell into a deep stupor and suffered severe nausea. Dinesh caused Gautam to take the stupefying drug knowing it was likely to cause hurt and with intent to facilitate the robbery of a wristwatch worn by Gautam. Because Dinesh caused Gautam to take a stupefying drug with that intent and knowledge, Dinesh is punishable under Section 328 IPC.

When Section 328 IPC Does Not Apply

Section 328 IPC does not apply when the accused neither administered nor caused another person to take any poison, stupefying, intoxicating, or unwholesome drug, or other harmful thing.
Section 328 IPC does not apply when a substance is administered without any intention to cause hurt or to commit or facilitate an offence, and without knowledge that hurt is likely to be caused.
Section 328 IPC does not apply when a person voluntarily consumes an intoxicating or unwholesome substance on their own without the accused administering it or causing them to take it.

Section 328 IPC in the BNS

Section 328 IPC is now covered under Section 123 BNS.

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 detailed comparison (IPC 328 vs BNS 123) →

FAQs on Section 328 IPC

What offence does Section 328 IPC punish?▼

Section 328 IPC punishes administering to or causing to be taken by any person any poison or any stupefying, intoxicating, or unwholesome drug or other thing with intent to cause hurt, commit an offence, or facilitate an offence, or knowing hurt is likely.

What is the punishment prescribed under Section 328 IPC?▼

Section 328 IPC prescribes imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

Does Section 328 IPC require actual hurt to occur?▼

No, the offence under Section 328 IPC is complete upon administering or causing the substance to be taken with the requisite intent or knowledge, regardless of whether actual hurt ensues.

What substances are covered under Section 328 IPC?▼

Section 328 IPC covers any poison, any stupefying drug, any intoxicating drug, any unwholesome drug, or any other thing.

Is Section 328 IPC bailable or non-bailable?▼

Under the First Schedule to the CrPC, Section 328 IPC is non-bailable, meaning bail cannot be claimed as a matter of right.

Is an offence under Section 328 IPC cognizable?▼

Yes, Section 328 IPC is cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 328 IPC?▼

Under the First Schedule to the CrPC, cases under Section 328 IPC are triable by the Court of Session.

Can an offence under Section 328 IPC be compounded?▼

No, Section 328 IPC is not compoundable under Section 320 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·