Causing hurt by means of poison, etc , with intent to commit an offence
BNS Section 123 pertains to the offense of causing hurt by means of poison or a stupefying, intoxicating, or unwholesome drug, with the intent to commit another offense.
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.
Key Points:
Administration of Harmful Substances:
This section addresses the act of administering or causing to be taken any harmful substance, including poison, stupefying, intoxicating, or unwholesome drugs.
It encompasses a wide range of substances that can impair a person's health or bodily functions.
Intent to Cause Hurt or Facilitate an Offence:
The offender must have the intent to cause hurt to the individual. Hurt, as defined in Section 114 BNS, includes any form of bodily pain, disease, or infirmity.
Alternatively, the intent can also be to commit or facilitate the commission of an offence. This means the act of administering the harmful substance may be part of a broader criminal intention.
Knowledge of Likely Harm:
The offender may also be found guilty if they knowingly administer a substance that is likely to cause hurt. This highlights a degree of recklessness or negligence where the offender is aware of the potential consequences but proceeds nonetheless.
Punishment:
The section stipulates severe penalties for violations. The punishment can be imprisonment of either description for a term that may extend to ten years.
In addition to imprisonment, the offender may also be subjected to a fine, though the specific amount is not defined in this section, allowing for judicial discretion based on the case circumstances.
Emphasis on Public Safety:
The provision highlights the legal system's emphasis on public safety, addressing actions that can endanger individuals through the use of toxic or harmful substances.
The law serves as a deterrent against the use of poisons or drugs to commit crimes, such as assault or theft, by imposing stringent penalties.
Offence : Causing hurt by means of poison, etc., with intent to commit an offence.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
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