Section 328 IPC: Causing Hurt by Poison or Similar Substance With Intent to Commit an Offence
Section 328 of the Indian Penal Code, 1860 punished administering, or causing a person to take, poison or a stupefying, intoxicating or unwholesome drug or other thing with the intent or knowledge specified by the provision.
Section 328 IPC - statutory rule
Section 328 applies where a person administers to another, or causes another person to take, poison or any stupefying, intoxicating or unwholesome drug or other thing, with intent to cause hurt, with intent to commit or facilitate the commission of an offence, or with knowledge that hurt is likely to be caused thereby.
The punishment is imprisonment of either description for a term which may extend to ten years, and fine.
Essential ingredients of Section 328 IPC
- The accused must administer to, or cause to be taken by, another person a substance falling within the language of the section.
- The substance may be poison, a stupefying drug, an intoxicating drug, an unwholesome drug, or another thing covered by the provision.
- The act must be accompanied by at least one of the mental elements stated in Section 328: intent to cause hurt; intent to commit an offence; intent to facilitate the commission of an offence; or knowledge that hurt is likely to result.
The statutory alternatives are important. Section 328 is not confined to cases where the sole object is poisoning a victim or where a particular further offence is ultimately completed.
Meaning of "hurt" under Section 319 IPC
Section 319 IPC defined hurt as causing bodily pain, disease or infirmity to any person. This definition is relevant both where Section 328 is invoked on the basis of an intention to cause hurt and where the allegation is that the accused knew hurt was likely to result.
Meaning of "offence" under the IPC
Section 40 IPC contained the Code's definition of "offence" and rules governing how the expression operates in different provisions. For Section 328, the relevant words are important because the section expressly covers administering the substance with intent to commit or facilitate the commission of an offence.
Poison, stupefying, intoxicating or unwholesome substance
The wording of Section 328 is deliberately broader than "poison." It expressly includes a stupefying, intoxicating or unwholesome drug and also refers to an "other thing." Whether a particular substance and its use satisfy the section is a matter of proof on the facts of the case, including evidence concerning the substance, administration or consumption, circumstances and the required intent or knowledge.
Intent and knowledge under Section 328
The provision sets out alternative mental elements. Liability may arise where the prohibited substance is administered or caused to be taken with intent to cause hurt; with intent to commit an offence; with intent to facilitate the commission of an offence; or with knowledge that the act is likely to cause hurt. The prosecution must prove the applicable statutory mental element from admissible evidence and the circumstances of the case.
Punishment and pre-BNSS CrPC classification
| Provision | Section 328 IPC |
|---|---|
| Punishment | Imprisonment of either description up to 10 years and fine |
| Cognizable | Yes |
| Bailable | No - non-bailable |
| Court competent to try | Magistrate of the First Class |
Under Section 2(c) CrPC, a cognizable offence is one in which a police officer may, in accordance with the First Schedule or other applicable law, arrest without warrant. A non-bailable offence is governed by the provisions applicable to non-bailable offences; the classification does not mean that bail can never be granted.
Section 328 and Section 326 IPC
Section 326 IPC dealt with voluntarily causing grievous hurt by specified dangerous weapons or means, including poison and certain substances harmful to the human body. Section 328 has a different statutory structure: it specifically concerns administering or causing a person to take the substances described in that section with the prescribed intent or knowledge.
Section 328 and offences involving extortion or coercion
The surrounding provisions address different forms of aggravated hurt. Section 327 IPC dealt with hurt caused for purposes such as extorting property or valuable security or constraining an illegal act, while Section 329 IPC addressed grievous hurt for a comparable coercive purpose. The correct charge depends on the specific ingredients established by the evidence.
Related IPC provisions
For connected provisions, see Indian Penal Code 1860 - sections and overview, Section 326 IPC - grievous hurt by dangerous weapons or means, Section 327 IPC - hurt to extort property, Section 329 IPC - grievous hurt to extort property and Section 330 IPC - hurt to extort confession or compel restoration of property.
Legal information: This article describes the pre-BNS statutory framework for general information. Application to an individual case depends on the facts, evidence, date of the alleged offence and governing law.