Bailabel Type : non-bailable

Description

Description:

Section 328 of the Indian Penal Code (IPC) addresses the crime of administering poison or harmful substances (such as stupefying, intoxicating, or unwholesome drugs) to a person with the intent to cause harm or to facilitate the commission of an offense. This section targets situations where an individual deliberately administers a harmful substance to another person to cause hurt, manipulate, or commit criminal activities. The law recognizes the severe danger that such actions pose to public safety and health, and imposes strict penalties for this offense.

Key Elements of the Offense:

• Administering Poison or Harmful Substances: The offense involves the deliberate act of administering a substance to another person. This could include poison, intoxicating substances, or unwholesome drugs designed to cause harm or impair the victim's health. It also includes any substance that can stupefy or weaken the victim.

• Intent to Cause Harm: The offense applies when the person administering the substance does so with the intent to cause hurt or harm to the person. The harm caused may be physical, mental, or emotional.

• Intent to Facilitate the Commission of an Offense: The substance may also be administered with the intent to help the perpetrator commit another offense or assist in its commission. For example, administering a drug to subdue or incapacitate a victim before committing a robbery or other crimes.

• Likelihood of Causing Harm: If the person administering the substance knows that the action is likely to cause harm (even if it wasn't their primary intent), they are still subject to punishment under this section.

Examples of Section 328:

• A person gives another person a poisonous substance with the intent to harm them or to render them unconscious to facilitate the commission of a crime, such as theft or assault.
• Someone spikes another person's drink with an intoxicating substance to cause harm or to take advantage of them for criminal purposes.

This provision is crucial for addressing situations where harmful substances are used to manipulate, incapacitate, or harm individuals as part of a criminal scheme. It ensures that poisoning, drugging, or stupefying someone is treated as a serious offense.

Punishment

Punishment:

The punishment for administering poison or a harmful substance under Section 328 IPC includes:

1. Imprisonment:
   The offender may be sentenced to imprisonment of either description (simple or rigorous) for a term up to ten years.

2. Fine:
   The person convicted will also be liable to a fine.

3. Both:
   The court may impose both imprisonment and a fine, depending on the severity of the case.