Section Overview
Section Number:
IPC Section 328
Section Title:
Causing Hurt by Means of Poison, Intoxicating or Stupefying Substances
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active (concept continued under Bharatiya Nyaya Sanhita, 2023 provisions dealing with harmful substances and aggravated hurt)
Applicability:
IPC Section 328 applies when:
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A person voluntarily causes hurt;
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The hurt is caused by administering poison, drug, intoxicating or stupefying substance;
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The victim is made unconscious, incapacitated, or physically harmed;
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The act is intentional or done with knowledge.
This section deals with chemically induced harm.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 328 ka simple matlab hai ki agar koi vyakti kisi ko jaanbujhkar poison, drug ya kisi intoxicating substance dekar usko hurt ya unconscious karta hai, to ye offence hai.
Simple words mein:
"Kisi ko zehar ya nasha dekar nuksan pahunchana crime hai."
Legal Definition (Original Law Meaning)
IPC Section 328 punishes:
Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug or substance with intent to cause hurt, or to commit or facilitate an offence.
Practical Interpretation
Courts consider:
Administration of Substance
Poison or drug must be given or induced.
Intent or Knowledge
Accused intended harm or knew it was likely.
Effect on Victim
Victim suffers hurt, unconsciousness, or incapacity.
Causation
Direct link between substance and harm.
Types of Harmful Substances
Examples include:
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Poison (chemical or natural)
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Sedatives or sleeping pills
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Alcohol in forced intoxication cases
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Stupefying drugs
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Harmful chemical mixtures
Why IPC Section 328 Was Introduced?
The legislature intended to:
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Prevent covert forms of violence;
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Punish poisoning and drug-based harm;
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Protect bodily autonomy;
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Address chemical-based criminal acts.
Importance of the Provision
IPC Section 328:
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Prevents hidden forms of assault;
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Covers non-physical violent methods;
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Protects against poisoning crimes;
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Ensures strict liability for chemical harm.
Difference Between IPC Sections 324 and 328
IPC Section 324
Hurt by dangerous weapons or physical means.
IPC Section 328
Hurt by chemical or intoxicating substances.
👉 One involves physical weapons, the other involves substances.
Difference Between IPC Sections 328 and 307
Section 328
Intent to cause hurt or facilitate offence.
Section 307
Intent to cause death (attempt to murder).
👉 Severity and intention differ.
Punishment & Legal Classification
Punishment
IPC Section 328 provides:
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Imprisonment up to 10 years; and
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Fine.
Punishment increases if offence is more serious or linked to other crimes.
Bailable / Non-Bailable
Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Non-Compoundable.
Triable By
Court of Session or Magistrate depending on seriousness.
IPC ↔ BNS Mapping
IPC Section
IPC Section 328
BNS Equivalent
Similar provisions continue under Bharatiya Nyaya Sanhita relating to:
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Harm caused by poisonous or intoxicating substances;
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Aggravated hurt and poisoning offences.
Status
Concept retained and modernized.
Real-Life Examples
Example 1: Drugging a Person
A person mixes sleeping pills into food to incapacitate another.
IPC Section 328 applies.
Example 2: Poisoning Attempt
A person deliberately adds poison to someone’s drink causing illness.
Section 328 becomes applicable.
Example 3: Forced Intoxication
A victim is made unconscious using intoxicating substances for committing another crime.
IPC Section 328 applies.
Landmark Judgments
Case Name:
State of Maharashtra v. Narayan Dattatraya
Court:
Supreme Court of India
Key Takeaway:
Administration of harmful substances with intent constitutes serious criminal liability.
Case Name:
Poisoning Case Jurisprudence
Court:
High Courts
Key Takeaway:
Medical and forensic evidence is crucial in proving poisoning offences.
Case Name:
Chemical Assault Cases
Court:
Supreme Court of India
Key Takeaway:
Non-physical harm through substances is equally punishable as physical assault.
Legal Insights
When Is This Section Applied?
IPC Section 328 is applied when:
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Poison or drugs are used intentionally;
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Victim is incapacitated or harmed;
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Offence is planned or deliberate;
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Chemical means are used instead of physical violence.
Common Misuse Scenarios
False Poisoning Claims
Medical conditions misinterpreted as poisoning.
Accidental Ingestion
Substance taken without intention of harm.
Lack of Chemical Proof
No forensic evidence of poison or drug.
Misunderstood Intoxication
Voluntary consumption wrongly framed as offence.
Defenses Available
No Intent
No intention to cause hurt.
Accidental Consumption
Victim consumed substance unknowingly or not due to accused.
Lack of Evidence
Forensic reports do not support poisoning.
Consent
In rare cases, voluntary consumption may be argued.