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SECTION 328 IPC - Indian Penal Code - Causing hurt by means of poison, etc., with intent to commit and offence


Last Updated: 01 May, 2024
By Advocate Chikirsha Mohanty


Table of Contents
  1. IPC 328 in Simple Words
  2. IPC Section 328 related FAQs
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.



IPC 328 in Simple Words

Section 328 of the Indian Penal Code states that if someone administers poison or any harmful substance to another person with the intent to cause harm, facilitate an offense, or knowing it may cause harm, they can be punished with imprisonment for up to ten years, and may also be fined.

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Offence : Administering stupefying drug with intent to cause hurt, etc.


Punishment : 10 Years + Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Court of Session



According to Section 328 of Indian Penal Code, if someone administers a poison or harmful substance with the intention to harm another person, facilitate an offence, or know it could cause harm they may be sentenced to imprisonment up to 10 years and fined.





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Comments by Users


Venky
Court of sessions means assistant sessions judge or district judge

Reply by LawRato
A court of sessions refers to the court of the District and Sessions Judge and also those of the Additional Sessions Judges

Frequently Asked Questions


What is the case law of 328 IPC?

Anyone who administers or causes poison, stupefying or intoxicating drugs, or anything else to be taken, with the intent to harm that person or to commit an offense or facilitate it, or knows it is likely he will cause injury, shall be punished.


How do I get bail in Section 328 IPC?

Bail is not available to an accused person for an offense that falls under section 328 of Indian Penal Code. The accused can still request bail, and the court will grant it based on the circumstances and facts of the case.


What is Section 329 of the IPC?

Anyone who intentionally causes serious injury to another person with the intent of extorting money or property from them or anyone else interested in their welfare, or for the purpose of forcing the victim or others interested in his or her welfare to commit an illegal act or facilitate the commission thereof is guilty of this crime.


What is the IPC code for death by poisoning?

Section 302 of Indian Penal Code defines murder as an act that causes death. This includes poisoning, giving poison knowing it will cause death, administering noxious substances with the intent to commit suicide and wilfully committing an act.