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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.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 123 of the Bharatiya Nyaya Sanhita (BNS)
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