IPC 328 → BNS 123: Poisoning

Quick Summary: IPC 328 vs BNS 123

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 328 (Poisoning) is now mapped to BNS Section 123.

What did IPC 328 cover?

IPC 328 dealt with poisoning — causing hurt by means of poison, etc., with intent to commit an offence. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 123: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to poisoning are filed under BNS Section 123. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 123

Same - Up to 10 years

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 123 instead of IPC 328.
• Police officers: Use BNS 123 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 328 ↔ BNS 123 mapping.