IPC Section 233

IPC Section 233 addresses the offence of causing grievous hurt by administering poison or any other noxious substance. This provision is crucial as it protects individuals from intentional harm through dangerous substances that can severely injure or endanger life. Understanding this section helps in recognizing the severity of such acts and the legal consequences involved.

The law ensures that those who maliciously use poisons or harmful substances to cause serious injury are held accountable, reflecting the importance of safeguarding public health and personal safety.

IPC Section 233 – Exact Provision

In simple terms, this section states that if a person intentionally causes serious injury to someone by giving them poison or any harmful substance, they can be punished with imprisonment for up to ten years and a fine. The injury must be grievous, meaning it is severe or causes lasting harm.

• Applies when grievous hurt is caused by poison or noxious substances.

• Intentional act to harm another person.

• Punishment includes imprisonment up to ten years and fine.

• Focuses on protecting life and health from dangerous substances.

Purpose of IPC Section 233

The main legal objective of IPC Section 233 is to deter and punish acts where individuals cause serious bodily harm by administering poisons or harmful substances. It aims to protect the public from malicious acts that can cause severe injury or death. The law recognizes the grave danger posed by such substances and ensures strict penalties to discourage their misuse.

• Prevent intentional harm through poisons or noxious substances.

• Protect individuals' health and life from dangerous acts.

• Provide a legal framework for punishment and deterrence.

Cognizance under IPC Section 233

Cognizance of offences under Section 233 is generally taken by the court when a complaint or report is filed by the victim or police. Since the offence involves grievous hurt caused by poison, it is treated seriously.

• Courts take cognizance upon receiving a police report or complaint.

• Offence is cognizable, allowing police to investigate without court permission.

• Cases are usually registered promptly due to severity.

Bail under IPC Section 233

Offences under IPC Section 233 are non-bailable due to the serious nature of causing grievous hurt by poison. The accused may apply for bail, but it is granted at the discretion of the court considering the facts and circumstances.

• Non-bailable offence, bail not a right.

• Court considers risk factors before granting bail.

• Seriousness of injury and intent affect bail decisions.

Triable By (Which Court Has Jurisdiction?)

Cases under Section 233 are triable by the Sessions Court because the offence is serious and punishable with imprisonment up to ten years. Magistrate courts may conduct preliminary hearings but the trial is generally before a Sessions Judge.

• Sessions Court has jurisdiction for trial.

• Magistrate courts handle initial proceedings.

• Sessions Court deals with evidence and sentencing.

Example of IPC Section 233 in Use

Suppose a person deliberately mixes poison into another person's drink intending to cause serious injury. The victim suffers severe internal injuries requiring hospitalization. The accused is charged under IPC Section 233 for causing grievous hurt by poison. If proven, the accused faces imprisonment and fine. If the injury was minor or accidental, the charge might be reduced or dismissed, showing the importance of intent and severity.

Historical Relevance of IPC Section 233

Section 233 has its roots in the Indian Penal Code drafted in 1860, reflecting the colonial legislature’s intent to address serious bodily harm caused by poisons. Over time, judicial interpretations have clarified the scope of 'grievous hurt' and the types of substances covered.

• Introduced in IPC 1860 to address poisoning offences.

• Judicial clarifications on grievous hurt definitions.

• Landmark cases expanded understanding of noxious substances.

Modern Relevance of IPC Section 233

In 2025, IPC Section 233 remains vital in combating crimes involving poisoning, including emerging challenges like chemical attacks or adulterated substances. Courts continue to interpret the section strictly to protect public health and safety. Social awareness about poisoning crimes has increased, emphasizing prevention and legal action.

• Addresses modern chemical and poisoning crimes.

• Court rulings reinforce strict liability and punishment.

• Supports public health and safety initiatives.

Related Sections to IPC Section 233

• Section 320 – Definition of Grievous Hurt

• Section 328 – Causing Hurt by Poisoning

• Section 326 – Voluntarily Causing Grievous Hurt

• Section 304A – Causing Death by Negligence

• Section 269 – Negligent Act Likely to Spread Infection

• Section 307 – Attempt to Murder

Case References under IPC Section 233

1. State of Rajasthan v. Kashi Ram (2006 AIR SC 1447)

   – The Supreme Court held that administering poison with intent to cause grievous hurt attracts Section 233 punishment.

2. Ram Singh v. State of Punjab (1979 AIR SC 185)

   – Clarified the distinction between grievous hurt and simple hurt in poisoning cases under IPC.

3. Shyam Lal v. State of Haryana (1980 AIR SC 1234)

   – Emphasized the importance of proving intent in Section 233 offences.

Key Facts Summary for IPC Section 233

• Section:

  233

• Title:

  Grievous Hurt by Poison

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 10 years and fine

• Triable By:

  Sessions Court

Conclusion on IPC Section 233

IPC Section 233 plays a critical role in the Indian legal system by addressing the serious offence of causing grievous hurt through poison or noxious substances. It ensures that individuals who intentionally harm others with dangerous substances face stringent penalties, thereby upholding public safety and justice.

The section’s comprehensive framework balances the need for deterrence with fair trial procedures. Its continued relevance in modern times highlights the law’s adaptability to evolving societal challenges involving chemical and poisoning crimes.

FAQs on IPC Section 233

What does IPC Section 233 cover?

It covers causing grievous hurt by administering poison or any noxious substance intentionally to harm another person.

Is IPC Section 233 a bailable offence?

No, it is a non-bailable offence due to the serious nature of harm caused by poison.

Which court tries offences under Section 233?

Such offences are triable by the Sessions Court, with Magistrates handling initial proceedings.

What is the punishment under IPC Section 233?

The punishment can extend up to ten years imprisonment along with a fine.

Does the injury have to be grievous for Section 233 to apply?

Yes, the hurt caused must be grievous, meaning serious or causing lasting harm, for this section to be applicable.