Section 123 BNS 2023: Causing hurt by poison to commit offence

Section 123 of Bharatiya Nyaya Sanhita (BNS) 2023 pertains to the act of causing hurt by administering poison, stupefying drugs, or other harmful substances with the intent to inflict harm or facilitate the commission of another crime. To constitute an offence under Section 123 BNS, the aggressor must either intend to cause injury or be aware that such actions are likely to result in harm. The offence is a cognizable and non-bailable offence, and it is triable by a Court of Session. Upon conviction, the punishment may include imprisonment for up to ten years, along with a fine. Explore other important Judiciary Notes.

Section 123 BNS

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.

Note: “The information provided under Section 123 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Section 123 BNS Simplified Interpretation

Section 123 BNS is about situations where an individual intentionally administers poison, stupefies drugs, or any other harmful substance to another person with the intention to cause hurt or to assist in committing another offence. It also includes cases where the person may not have a direct intention to cause hurt but is aware that their actions are likely to result in harm. Section 123 of BNS is designed to cover incidents where such substances are used to weaken, disable, or harm someone, often as a means to facilitate another crime such as theft or assault.

Section 123 BNS Essential Elements

For an offence to be punishable under Section 123 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

1. Act of Administering Harmful Substances

Section 123 of Bharatiya Nyaya Sanhita 2023 comes into play when a person deliberately gives someone else a substance that can cause harm. This includes things like poison, drugs that can make someone lose their senses, or any other dangerous substance. The way it's given doesn't matter, it could be directly, mixed in food or drink, or any other method that gets it into the person's body. The determining point is that the substance must be capable of causing bodily harm.

2. Intention or Knowledge

For Section 123 BNS to apply, the person doing the act must have a certain mental state. They must either intend to cause harm to the other person or intend to help another crime happen. Even if they don't specifically intend to cause harm, but they are aware that their actions are likely to result in harm, they can still be held responsible under section 123 of BNS. So, both the intention to cause harm and the knowledge that harm is likely are considered sufficient mental elements.

3. Likelihood or Result of Harm

The act under Section 123 of BNS must either cause actual harm or be likely to cause harm to the victim. Legally, "harm" refers to any kind of physical pain, sickness, or weakening of the body. Actual injury doesn't always need to occur. If the substance given is dangerous and has a high probability of causing injury, the offence is complete under Section 123 BNS. 

Section 123 BNS essentially retains the core of Section 328 of the Indian Penal Code, with no changes being done in the punishment or in the main definition:

Section 123 BNS Judicial Interpretation

Judicial interpretation of Section 123 BNS by Indian courts has been an outlining factor in determining the ambit of section 123 of BNS, mentioned hereinafter are some of the landmark judgments :

Joseph Kurian Philip Jose v. State of Kerala (1994)

This case arose from the infamous "Punalur Liquor Tragedy" in which several individuals died after consuming adulterated arrack, and it is a significant judgment interpreting Section 328 of the Indian Penal Code (IPC), now Section 123 BNS. The Supreme Court examined the conviction of the accused, Philip Jose, and laid down key principles for applying Section 328 IPC now Section 123 of the BNS, which deals with causing hurt by administering poison or harmful substances with the intent to commit an offence or with knowledge of likely harm. 

The Court held that, to establish an offence under this section, the prosecution must prove that the substance involved was poisonous, stupefying, intoxicating, or unwholesome; that the accused either personally administered it or caused it to be taken; and that this was done with the specific intent to cause hurt, facilitate another crime, or with knowledge of the likely consequences. 

In this case, although it was proven that the liquor was adulterated and sold from the depot managed by the accused, the Court found that the prosecution had failed to produce direct and conclusive evidence showing that the accused had actively administered or caused the consumption of the harmful liquor with the requisite mental intent or knowledge. As such, mere possession or sale of the harmful substance, without a direct link to the act of administration and the necessary mental element, was held insufficient for a conviction under Section 328 IPC, now Section 123 BNS. 

Ganesh Pandurang Jadhao And Anr vs The State Of Maharashtra & Ors 2020

In this case in its analysis of Section 328 IPC's applicability, the Bombay High Court leaned significantly on the Supreme Court's precedent set in a liquor tragedy case. This precedent mandates that proving an offence under Section 328 IPC (Now Section 123 of BNS) requires the prosecution to present direct, reliable, and compelling evidence demonstrating the accused's direct involvement in administering the harmful substance or causing another person to ingest it. Applying this set standard to the case at hand, which involved the transportation of banned gutka and pan masala, the court observed that the initial police report failed to establish a direct connection between the vehicle drivers (petitioners) and any act of administering or inducing the consumption of these substances by individuals. 

Consequently, the court determined that the ingredients for an offence under Section 328 IPC now Section 123 BNS were not met concerning the petitioners.

Conclusion

Section 123 of the Bharatiya Nyaya Sanhita (BNS) is an important section that makes it a crime to give someone poison, drugs that confuse them, or other harmful things with the intention or knowledge that it is likely to hurt them or make it easier to commit another crime. Section 123 of BNS holds people responsible if they do this on purpose or if they know it will likely cause harm, even if no one gets physically hurt. Covering both the act of giving the substance and what the person was thinking, this section, a modern version of the old Section 328 IPC, is seen as a serious offence.