Indian Penal Code, 1860
Section 328
repealedCausing 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.
Why this exists
This section specifically targets the use of poison, drugs, or intoxicants as a method of causing harm or facilitating other crimes, such as robbery, sexual assault, or kidnapping, recognizing that secretly drugging someone is a particularly deceptive and dangerous method of attack that leaves the victim unable to resist or defend themselves. It is frequently invoked alongside other offences when drugging is used as a means to commit robbery or assault while the victim is incapacitated. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 123.
How courts read it
Courts have recognized this section as commonly applied in 'highway robbery by drugging' cases, where victims, often travelers, are given drugged food or drinks by strangers who then rob them while they are unconscious or incapacitated, and have held that proof the substance was administered with the requisite intent or knowledge is central to conviction.
Common misconceptions
- Myth: This section only applies to using dangerous poisons that could kill someone.
Fact: It covers any stupefying, intoxicating, or unwholesome substance, including sedatives or drugs meant to incapacitate rather than kill, as long as it's used to cause hurt or facilitate a crime.