BNS Section 123 : Causing Hurt by Means of Poison, etc., With Intent to Commit an Offence
Section 123 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of Causing Hurt by Means of Poison, etc., with Intent to Commit an Offence, specifying the acts of intentionally causing harm through the administration of poison or other harmful substances as a means to further criminal objectives.
Definition of BNS Section 123
Section 123 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 123
Section 123, Bharatiya Nyaya Sanhita (BNS), 2023, deals with giving a false report to shield a person believed to be about to commit an offense punishable with death or imprisonment for life. This section applies to a person who has knowledge of an intended offense and conceals the same from the authorities. There should be an intention to prevent or prevent others from apprehending the offender.
It deters the actors who act as accessories and intentionally withhold critical information that may either prevent a major crime or contribute to the punishment of the primary offender.
Illustration
Assume that Person A comes to know that Person B is going to commit murder, which is an offence liable to be punished with death or imprisonment for life. Instead of reporting to the police, Person A decides to keep quiet and allow Person B to carry out the act. Concealing such information with the intent to enable Person B to avoid punishment is an offence under Section 123 of the BNS, 2023.
Key Points in Section 123
This provision seeks to underscore the seriousness of using such dangerous means to inflict harm, ensuring that individuals who resort to such methods are held accountable under the law. By giving out the details concerning the intent and circumstances whereby such offence is committed, it provides safeguard from malicious acts to individuals by providing justification and deterrent effects against the calculated crime.
- Administration of Noxious Things: Deals with noxious things, which include poison, stupefying, intoxicating, or unwholesome drugs that may render healthless or impair the working of the human body.
- Intent to Hurt or Aiding an Offense: The offender should intend to cause bodily harm or aid in the commission of another crime by administering the substance.
- Knowledge of Probable Harm: Offenders can be convicted if they knowingly administer a noxious thing, which is equivalent to recklessness or negligence.
- Punishment: The offenders are given a maximum of 10 years imprisonment and can be fined, and the amount is as decided by the court according to the case.
- Public Safety: The provision strengthens public safety as it deters the use of toxic substances in crimes such as assault or theft through harsh punishment.
Differences Between Section 123 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 123 of BNS and its equivalent IPC section 328 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 123 | Causing harm by means of poison etc with intent to commit an offence. | 328 | No change. |
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FAQs about Section 123 of the Bharatiya Nyaya Sanhita (BNS)
What is the punishment for causing hurt under Section 123?
The punishment for administering harmful substances under Section 123 can include imprisonment of either description (rigorous or simple) for up to ten years.
Can a person be punished for administering harmful substances without causing harm?
Yes, Section 123 covers situations where the harmful substance is administered with the intent to cause harm, even if the harm does not occur.
What is the role of ‘knowledge of likely harm’ in this provision?
If the offender knowingly administers a substance that is likely to cause harm, they can be held liable under Section 123. This indicates recklessness or negligence, where the person is aware of the potential consequences but proceeds with the act anyway.
How does this section promote public safety?
Section 123 emphasises public safety by addressing actions that involve dangerous substances. By criminalising the use of poison and harmful drugs to commit crimes, it serves as a deterrent and protects individuals from potential harm.
Does the provision apply if the harmful substance is administered to a third party?
Yes, the provision applies if a harmful substance is administered to a third party with the intent to harm. The key factor is the intent behind the act, whether it’s to cause harm to the victim or facilitate the commission of a crime.
Can Section 123 be used in cases of drugging or poisoning?
Yes, Section 123 can be applied in cases of drugging or poisoning, where harmful substances are used to incapacitate a person or cause them harm.
Are there any defenses available under Section 123?
A possible defense under Section 123 could be that the administration of the harmful substance was not intentional, or there was no intent to commit an offense.
