Poisoning is a serious crime that can cause harm or even death. To address this, the Bhartiya Nyay Sanhita (BNS) 2023 has introduced Section 123 Poisoning Law. This provision ensures that individuals who use poison or intoxicating substances to harm others are held accountable.
This article will break down Section 123, explain its legal implications, and analyze real-life case laws. It will also provide a short note and disclaimer to help you better understand its significance.
What is Section 123 Poisoning Law?
Section 123 of the Bhartiya Nyay Sanhita 2023 replaces Section 328 of the Indian Penal Code (IPC). It states:
“Whoever administers or causes to be taken by any person any poison, stupefying, intoxicating, or unwholesome drug or other thing, with intent to cause hurt, or to facilitate the commission of an offense, shall be punished with imprisonment up to ten years and a fine.”
This means that if someone intentionally poisons another person or uses intoxicating substances to harm them or commit another crime, they can be punished under this law.
Key Elements of Section 123 Poisoning Law
For a person to be convicted under Section 123 Poisoning Law, three main elements must be proven:
- Administration of a harmful substance – The accused must have knowingly given poison, drugs, or any harmful substance to someone.
- Criminal Intent – The act must be done with the intent to harm or to assist in committing another crime.
- Potential or Actual Harm – The act must have either caused harm or had the potential to cause harm.
If all these elements are present, the accused can face serious legal consequences.
Case Laws Related to Section 123 Poisoning Law
The judiciary has always taken poisoning cases seriously. Here are some landmark cases that highlight how courts interpret Section 123 Poisoning Law:
1. Mithu Singh v. State of Punjab (1997) A man mixed poison in food to take revenge on his enemy. The victim suffered severe injuries but survived. The court found the accused guilty under Section 328 IPC (now replaced by Section 123 BNS), stressing that poisoning someone, even if they survive, is a grave offense.
2. Rajesh Kumar v. State of Bihar (2008) The accused gave a drugged drink to a passenger and robbed him while he was unconscious. The court ruled that using intoxicants to commit another crime falls under Section 123 Poisoning Law, emphasizing that such actions must be strictly punished.
3. State of Maharashtra v. Rameshwar Singh (2015) A man laced a woman’s drink with drugs intending to sexually assault her. Though the assault did not happen, the court held that the mere attempt to poison or intoxicate someone for a crime is punishable under the law.
Punishment Under Section 123 Poisoning Law
The law ensures strict penalties for those who use poisoning as a tool for crime. The punishment includes:
- Imprisonment: Up to 10 years.
- Fine: An additional monetary penalty imposed by the court.
- Nature of the offense:
- Cognizable – Police can arrest without a warrant.
- Non-bailable – Bail is not guaranteed and depends on the court’s discretion.
- Non-compoundable – The case cannot be settled out of court.
These strict provisions are meant to deter individuals from using poisons or drugs to harm others.
How Section 123 Poisoning Law Applies in Real Life
Here are some common situations where Section 123 Poisoning Law is applied:
- Drink spiking at parties – If someone secretly adds drugs or poison to another person’s drink, they can be charged under this law.
- Drugging for robbery – Criminals who use intoxicants to render victims unconscious before robbing them can be punished.
- Poisoning out of revenge – If a person deliberately adds poison to food or water to harm someone, they will be legally accountable.
- Using drugs to facilitate sexual assault – The law protects victims from cases where intoxicants are used for abuse.
Short Note on Section 123 Poisoning Law
- What it covers: Poisoning, drugging, or intoxicating a person with criminal intent.
- Main requirements: Proof of administration, intent, and harm.
- Punishment: Up to 10 years of imprisonment and a fine.
- Common examples: Drink spiking, poisoning food, drugging for theft or assault.
Difference Between Section 123 (BNS) and Section 328 (IPC)
Though both sections address the same crime, the new law under BNS is more structured and modernized.
| Feature | Section 328 (IPC) | Section 123 (BNS) |
|---|---|---|
| Origin | Indian Penal Code (1860) | Bhartiya Nyay Sanhita (2023) |
| Language | Traditional legal terms | Modernized and clearer wording |
| Clarity | Sometimes vague | More precise definition |
| Application | Similar cases covered | Easier interpretation and implementation |
Disclaimer
This article is meant for educational purposes only and does not constitute legal advice. If you or someone you know is affected by a poisoning-related case, consult a qualified legal professional for guidance.
Conclusion
The Section 123 Poisoning Law under the Bhartiya Nyay Sanhita 2023 is a critical legal provision designed to prevent poisoning and drugging crimes. It ensures strict punishment for those who use harmful substances to commit crimes.
Understanding this law is essential for both legal professionals and the general public. Being aware of your rights and legal provisions can help you stay safe and seek justice when needed. If you found this information useful, share it with others to spread awareness!
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