BNS Section 123

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Introduction of Section 123 BNS

BNS Section 123 deals with cases where a person intentionally causes harm by administering poison, intoxicating substances, or other harmful things. The section also covers situations where such acts are done to facilitate the commission of a crime or with the knowledge that the act could cause harm. It outlines strict punishments for these offenses, ensuring that individuals who use such means to hurt others are held accountable.

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The Bharatiya Nyaya Sanhita (BNS) Section 122 replaces the old Indian Penal Code (IPC) Section 328.

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What is BNS Section 123 ?

Section 123 of the Bharatiya Nyaya Sanhita (BNS) specifically addresses situations where a person causes harm by using poison or other harmful substances. The section also includes causing harm with the intent to commit an offense or facilitate the commission of one, ensuring severe penalties for such conduct.

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BNS 123 in Simple Points

1. Use of Poison or Harmful Substances: This section applies to any person who administers poison, drugs, or other harmful substances to someone. The act can involve physical harm or intent to commit another crime using these substances. The focus is on preventing dangerous substances from being used to cause harm.
2. Intent to Cause Hurt or Facilitate a Crime: The offender must have the intention to cause hurt or use the poison as a means to facilitate another crime. This means the act is premeditated, and the poison is used intentionally to achieve a harmful result.
3. Knowledge of Likely Harm: Even if the offender does not directly intend to hurt, if they know their actions are likely to cause harm, they can still be held liable. This point ensures that ignorance or a lack of direct intent does not become an excuse when using dangerous substances.
4. Severe Punishment: BNS Section 123 imposes strict penalties on those found guilty. The maximum punishment under this section is imprisonment for up to 10 years, along with a fine, to deter people from using harmful substances to cause harm.
5. Non-Bailable and Cognizable: The offense is cognizable, meaning the police can arrest without a warrant. It is also non-bailable, which means obtaining bail is difficult, reflecting the seriousness of the crime under this section.

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Section 123 BNS Overview

BNS Section 123 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of causing hurt by administering poison or other harmful substances. It covers situations where a person knowingly or intentionally uses such substances to cause harm or to commit another crime. The section provides for strict punishment, including up to 10 years of imprisonment and fines, to prevent the misuse of dangerous substances.

BNS Section 123: 10 Key Points

1. Poison and Harmful Substances: The section covers acts where poison or harmful drugs are used to cause hurt or assist in committing a crime.
2. Intent to Harm: The offender must have a clear intent to cause harm or to facilitate the commission of an offense by using dangerous substances.
3. Knowledge of Harm: If the person knows that their action of administering the substance could cause harm, they are still liable, even if causing harm wasn’t their main goal.
4. Severe Penalties: Offenders can face up to 10 years in prison and a fine. This is to ensure that anyone who tries to harm others using poison or dangerous substances faces serious legal consequences.
5. Non-Bailable Offense: BNS Section 123 is non-bailable, meaning that securing bail for the accused is not easy due to the seriousness of the crime.
6. Cognizable Crime: The police have the authority to arrest the accused without a warrant since the offense is considered serious.
7. Intention to Commit Other Crimes: The section also includes instances where poison or harmful substances are used not just to hurt but to facilitate or commit other crimes.
8. Non-Compoundable: The offense is non-compoundable, meaning it cannot be settled privately between the parties. It must go through the judicial system.
9. Court of Session: Cases under this section are tried in the Court of Session, reflecting the seriousness of the offense.
10. Focus on Protection: The law under this section aims to protect people from the malicious use of poisons or dangerous substances in any situation where harm is intended or known to be likely.

BNS Section 123: 2 Examples

1. Example 1: A person slips a poisonous substance into another person’s food with the intention of weakening them so they can rob the victim later. This would fall under BNS Section 123, as the use of poison was intended to facilitate a crime (robbery).
2. Example 2: A person knowingly administers a harmful drug to another person at a party, causing them to become intoxicated and unable to protect themselves. The act is carried out with the knowledge that it will likely cause harm, even though the direct intent may not have been to hurt the individual. This would still be covered under BNS Section 123.

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BNS 123 Punishment

Imprisonment: The person convicted under this section can be sentenced to imprisonment for up to 10 years.

Fine: In addition to imprisonment, the convicted person will also be liable to pay a fine

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BNS 123 bailable or not ?

BNS Section 123 is a non-bailable offense, meaning the accused cannot claim bail as a matter of right, and the court has discretion to grant or deny bail.

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Bharatiya Nyaya Sanhita Section 123

Aspect	Details
Offense	Causing hurt by means of poison, etc., with intent to commit an offense
Punishment	Imprisonment up to 10 years and fine
Cognizable or Non-Cognizable	Cognizable
Bailable or Non-Bailable	Non-bailable
Compoundable or Non-Compoundable	Non-compoundable
Court for Trial	Court of Session

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BNS Section 123 FAQs

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