328 of IPC

January 14, 2023

328 of IPC ?

Section 328 of IPC pertains to the offense of causing hurt by means of poison, etc. with intent to commit an offense. According to this section, 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 the knowledge that it is likely to cause hurt to such person, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt be caused, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

The key element of this offense is that the poison or any stupefying, intoxicating or unwholesome drug or other thing must be administered or taken with the intent to cause hurt or with the knowledge that it is likely to cause hurt.

It is considered as a cognizable and non-bailable offense. The court may take into consideration the circumstances of the case and the offender's criminal history while determining the sentence.

What is the Punishments under section 328 of IPC ?

The punishment for an offense under Section 328 of the Indian Penal Code (IPC) is imprisonment of either description for a term which may extend to ten years, and also a fine. If hurt is caused, the offender shall be liable either to imprisonment for life, or to the punishment mentioned in the section. It is considered as a cognizable and non-bailable offense.

Possibility of bail under section 328 of IPC ?

The bail provisions for an offense under Section 328 of IPC are non-bailable, which means that bail cannot be granted as a matter of right to the accused. However, the accused person can still apply for bail and the court has the discretion to grant bail, depending on the facts and circumstances of the case.

As the section 328 of IPC deals with administering poison or any stupefying, intoxicating or unwholesome drug or other thing with intent to cause hurt or with the knowledge that it is likely to cause hurt, which is considered as a serious offence and can be harmful to the society, the court may be less likely to grant bail in cases where the evidence against the accused is strong, and the accused may be considered a flight risk or may be likely to tamper with evidence.

In cases where the accused is able to establish that they have a stable residence and strong ties to the community, that they pose no danger to the public, and that they are not likely to flee or tamper with evidence, the court may consider granting bail.

The court may impose stringent conditions while granting bail such as a higher amount of bail bond, depositing passport, or executing a bond with sureties. The accused may also be asked to report to the police station regularly.

Explanation of 328 IPC with example

Example: A and B have a dispute over a piece of land. A, with the intent to cause harm to B, mixes poison in a drink and gives it to B, knowing that it will cause hurt. This action by A would be considered an offence under Section 328 of the Indian Penal Code.

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