IPC Section 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.

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Non-bailable, Cognizable

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused administered poison or harmful substances.
  • The substances were taken by another person.
  • The intent was to cause hurt or commit an offence.
  • The administration was intentional and not accidental.

Potential Defenses:

  • No harmful substances were administered.
  • No intent to cause harm existed.
  • The accused was acting under legal authority.
  • The substances were not harmful.

Practical Examples

What Constitutes the Offense:

A person drugging someone to rob them, or administering poison to cause harm.

What Doesn't Constitute:

A doctor administering medication, or using substances for legitimate purposes.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the punishment for administering harmful substances with criminal intent.

Punishment

Up to 10 years and Fine

Related Information

Connected Sections:

This section deals with administering harmful substances with criminal intent. It is related to other poisoning offenses.

Procedural Aspects:

Prosecution requires proof of administration and criminal intent. The case is triable by a Court of Session.

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