IPC Section 328
IPC Section 328 – Causing Hurt by Means of Poison, etc., with Intent to Commit an Offense
Text of Section 328 (simplified):
"Whoever voluntarily administers, or causes to be administered, any poison or other destructive or noxious substance to any person, with the intention of causing hurt or committing an offense, shall be punished under this section."
Detailed Explanation
Nature of Offense:
Section 328 deals with intentional harm using poison or harmful substances.
It is a cognizable offense under the Indian Penal Code.
Who Can Be Liable:
Any person who:
Administers, or causes to be administered,
poison or harmful substances to another person,
Voluntarily (with intent),
With knowledge that it can cause hurt or an offense.
Elements of the Offense:
To constitute an offense under Section 328, the following must be present:
Administration of poison or harmful substance: The substance must be capable of causing harm.
Voluntary act: The act must be done intentionally.
Intent to cause hurt or commit offense: There must be a specific intention behind administering the substance.
Effect on victim: Even if actual harm occurs, the intention and act itself are sufficient for the offense.
Examples
Giving someone poisoned food or drink to cause injury.
Administering a noxious chemical to someone to frighten or harm them.
Lacing medicine with harmful substances with intent to injure.
Punishment
Imprisonment up to 10 years, and
Fine, depending on the gravity of the act.
Key Points to Remember
The focus is on intentional administration of a harmful substance.
Section 328 is different from Section 325/326 (hurt/ grievous hurt), because here the act involves poison or harmful substances.
Related sections:
IPC 326A, 326B – dealing with acid attacks.
IPC 307 – attempt to murder, if the act causes serious injury or death.
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