Section 123 BNS: Causing Hurt by Means of Poison, etc., with Intent to Commit an Offence

Section 123 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with administering, or causing a person to take, poison or any stupefying, intoxicating or unwholesome drug or other thing where the required intention or knowledge exists. The provision applies where the substance is used to cause hurt, to commit or facilitate an offence, or with knowledge that hurt is likely to result.

Current law: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on 1 July 2024.

Section 123 BNS - Statutory Provision

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 that person, or with intent to commit or facilitate the commission of an offence, or knowing it to be likely that hurt will thereby be caused, is punishable with imprisonment of either description for a term which may extend to ten years and is also liable to fine.

Essential Ingredients of Section 123 BNS

For Section 123 to apply, the facts must establish the statutory requirements. In substance, the provision covers:

administration of, or causing a person to take, a relevant substance;
the substance may be poison, a stupefying drug, an intoxicating drug, an unwholesome drug, or another thing capable of falling within the provision;
the act must be accompanied by one of the mental elements specified in the section;
the accused may intend to cause hurt;
the accused may intend to commit an offence or facilitate the commission of an offence; or
the accused may know that the act is likely to cause hurt.

Key point: Section 123 is not confined to poison. Its wording also covers stupefying, intoxicating or unwholesome drugs and "other thing" when the required intention or knowledge under the section is present.

Meaning of Hurt under the BNS

Section 114 BNS - Hurt

Section 114 BNS provides that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. This definition is relevant to Section 123 because the section expressly refers to an intention to cause hurt and knowledge that hurt is likely to be caused.

Section 115 BNS - Voluntarily Causing Hurt

Section 115 explains the concept of voluntarily causing hurt. In general terms, a person voluntarily causes hurt when the person does an act with the intention of causing hurt, or with knowledge that the act is likely to cause hurt, and thereby causes hurt.

What Does "With Intent to Commit or Facilitate an Offence" Mean?

Section 123 is wider than a provision dealing only with physical injury. It expressly covers administration of a prohibited substance with the intention of committing another offence or making the commission of another offence easier. Whether that intention existed is a question to be determined from the facts and evidence of the particular case.

Punishment under Section 123 BNS

Offence	Causing hurt by poison, stupefying, intoxicating or unwholesome drug, or other thing, with the intention or knowledge specified in Section 123.
Imprisonment	Imprisonment of either description for a term which may extend to 10 years.
Fine	The offender is also liable to fine.

Examples of Conduct Potentially Covered

Depending on the evidence and circumstances, Section 123 may become relevant where a person secretly administers or causes another person to consume a substance with an intention to cause hurt, to render the person vulnerable for the commission of another offence, or with knowledge that hurt is likely to result. The applicability of the section always depends on proof of its statutory ingredients.

Related BNS Provisions

Official Legal Sources

For the authoritative statutory text and information on the commencement of the BNS, refer to the official Government sources below.

Ministry of Home Affairs - New Criminal Laws MHA - BNS Commencement Notification

This page provides general legal information. The application of Section 123 depends on the allegations, evidence, procedural law and judicial interpretation relevant to the particular case.