by As the BNS has come into force since 01 July 2024, most of the criminal provisions have been replaced. Today we are going to discuss 328 IPC vs 123 BNS, the both sections are equivalent as 328 IPC has replaced by 123 BNS.
These two provisions address the crime of administering harmful substances to another person, but with the shift to BNS, understanding how 328 IPC in BNS differs is crucial.
In this article, we’ll compare 328 IPC vs 123 BNS and explore their similarities, differences, and legal implications.
Summary
- 1 What is 328 IPC?
- 2 What is 123 BNS?
- 3 Key Differences: 328 IPC in BNS vs 123 BNS in IPC
- 4 Practical Examples of 328 IPC and 123 BNS
- 5 What will apply CrPC or BNSS?
- 6 Comparison Between 328 IPC in BNS vs 123 BNS in IPC
- 7 Conclusion : 328 IPC in BNS vs 123 BNS in IPC
- 8 People Also Like
- 9 FAQs : 328 IPC vs 123 BNS
What is 328 IPC?
328 IPC deals with the act of administering poison, stupefying drugs, or other harmful substances to another person with the intent to cause hurt, commit a crime, or facilitate the commission of an offence. The punishment for this crime under 328 IPC includes imprisonment for up to 10 years and a fine.
Example: If a person secretly poisons another person’s drink to incapacitate them for a robbery or any other criminal act, the accused would be charged under 328 IPC.
328 IPC :-
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.
What is 123 BNS?
The Bharatiya Nyay Samhita 2023 (BNS) introduces Section 123, which corresponds to 328 IPC. This provision criminalizes the act of administering harmful substances with the same intent: to cause harm or facilitate the commission of a crime. The punishment under 123 BNS is identical to 328 IPC, including imprisonment for up to 10 years and a fine.
123 BNS. 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. View More
Key Differences: 328 IPC in BNS vs 123 BNS in IPC
While 328 IPC in BNS and 123 BNS in IPC address the same core crime, there are some differences worth noting as the BNS introduces a more modernized approach to the law.
1. Terminology and Legal Evolution:
328 IPC uses terminology like “poison” and “stupefying drugs,” which were suitable in the context of older laws.123 BNS introduces updated language, reflecting a broader understanding of harmful substances and aligning with contemporary legal standards.
2. Classification of the Offence:
Both 328 IPC and 123 BNS are cognizable (allowing police arrest without a warrant), non-bailable, and triable in a Court of Session.
However, the BNS might introduce more specific guidelines for these classifications, ensuring more clarity and streamlined procedures.
3. Punishment: 328 IPC vs 123 BNS
Both provisions prescribe a maximum punishment of 10 years in prison and a fine. The goal is to deter individuals from using harmful substances to cause harm or facilitate crime.
With the advent of 123 BNS, there might be further emphasis on reforming sentencing for emerging criminal activities that were previously unaddressed under 328 IPC.
4. Compoundability:
Neither 328 IPC nor 123 BNS is a compoundable offence under Section 320 of the Criminal Procedure Code (359 BNSS) . This means that victims cannot simply withdraw the case, ensuring thorough prosecution.
Practical Examples of 328 IPC and 123 BNS
- 328 IPC Example: If a person poisons another to incapacitate them, perhaps to steal their belongings, they would face charges under 328 IPC. This section provides legal recourse for cases involving intentional poisoning or administering intoxicants for criminal purposes.
- 123 BNS Example: A similar act under 123 BNS would be treated with equal severity. However, the BNS may apply newer legal processes, with a focus on modern criminal activity and specific updates to the law that aim to increase efficiency in legal proceedings.
What will apply CrPC or BNSS?
- Offences committed before July 1, 2024: The IPC, including 328 IPC, will govern the legal proceedings, and the crime will be prosecuted based on the provisions of the CrPC regardless of date of registration of an FIR. For example if FIR is registered after 01 July U/s 328 IPC as the crime was committed before 01 July 2024 the BNSS will be applicable.
- Offences committed after July 1, 2024: The Bharatiya Nyay Samhita (BNS), including 123 BNS, will come into play. The legal procedures will shift to those defined by the BNS, offering an updated approach to the same offences.
Comparison Between 328 IPC in BNS vs 123 BNS in IPC
Understanding 328 IPC in BNS and 123 BNS in IPC is essential for recognizing how the legal landscape in India is evolving. While 328 IPC has long been a cornerstone for punishing crimes involving harmful substances, 123 BNS modernizes the language and framework to reflect contemporary concerns. With the Bharatiya Nyay Samhita 2023 replacing the IPC, this comparison helps individuals, legal professionals, and students stay informed about the changes that will impact future cases.
Conclusion : 328 IPC in BNS vs 123 BNS in IPC
The comparison of 328 IPC vs 123 BNS shows how the legal provisions for administering harmful substances have evolved. While both provisions cover the same offence — poisoning or administering intoxicating substances with malicious intent — the introduction of 123 BNS aims to ensure that the legal framework keeps up with modern-day challenges.
Whether you’re studying the law or simply interested in understanding India’s legal reform, knowing the nuances between 328 IPC in BNS and 123 BNS in IPC is crucial for staying informed about how these laws will affect criminal justice moving forward.
By grasping the changes in 328 IPC vs 123 BNS, individuals can better navigate the evolving legal system in India, ensuring that justice is served and criminal activities involving harmful substances are addressed effectively.
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FAQs : 328 IPC vs 123 BNS
328 IPC is a section under the Indian Penal Code that deals with administering harmful substances like poison or stupefying drugs to another person with the intent to cause harm or facilitate a crime. The punishment includes up to 10 years of imprisonment and a fine.123 BNS is the corresponding section in the Bharatiya Nyay Samhita (BNS), which replaces the IPC. It carries the same punishment as 328 IPC, but introduces updated language and legal processes in line with modern-day needs.
up to 10 years of imprisonment and a fine.
No, both are non-compoundable offences, meaning the victim cannot withdraw the case once filed.
Both offences are triable in a Court of Session.
Both offences are cognizable, meaning police can arrest the accused without a warrant if there is enough evidence.
