IPC · Chapter XVI · Of offences affecting the human body

IPC section 328 in the BNS

IPC 328BNS 123

IPC section 328, “Causing hurt by means of poison, etc., with intent to commit and offence”, is now BNS section 123 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 328 to BNS 123

The words are the same as in the IPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 328 Causing hurt by means of poison, etc., with intent to commit and offence

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.

Bharatiya Nyaya Sanhita, 2023

Section 123 Causing hurt by means of poison, etc., with intent to commit an offence

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.