IPC Section 301
IPC Section 301 – Sale of poisonous substances with intent to harm
Text of Section 301 (in simple terms):
Whoever sells, supplies, or distributes any poisonous substance or substance known to be harmful, with the intention of causing death or grievous hurt, shall be punished.
Key Elements of Section 301
The Act (Actus Reus):
The person must sell, offer, or supply a poisonous or harmful substance.
It includes selling, giving away, or distributing substances that are dangerous to life or health.
Poisonous or harmful substance:
The substance must be injurious to health, such as:
Toxic chemicals
Harmful drugs or food adulterants
Poison
Knowledge or intention:
The seller must know that the substance is poisonous or harmful.
There must be an intent to cause death or grievous hurt.
Mere negligence or accidental distribution does not attract Section 301.
Mens Rea (Intent):
Intention to harm or kill is necessary.
If someone unknowingly sells a harmful substance, other sections (like 272/273 IPC) may apply, but not 301.
Punishment:
Imprisonment for life, or
Imprisonment up to 10 years, and
Fine.
Severity depends on whether death or grievous hurt occurs or could have occurred.
Example Scenarios
Scenario 1 – Poison in food:
A person knowingly mixes poison in food and sells it to someone intending to cause death.
This is punishable under Section 301.
Scenario 2 – Selling toxic chemicals:
A supplier sells a chemical labeled “non-toxic” but knowing it is poisonous, intending to harm someone.
Section 301 applies.
Scenario 3 – Accidental sale:
A shopkeeper accidentally sells a harmful substance without knowledge.
Section 301 does not apply, but other sections like 272 (adulteration) may apply.
Key Points to Remember
Intent and knowledge are essential – Section 301 punishes deliberate harm.
Covers poisonous substances – not just food; it includes chemicals, drugs, and other toxic items.
Purpose: To protect life and health from intentional poisoning.
Different from Section 272/273 IPC:
272/273 punish adulteration of food/drink without necessarily causing death, often with lesser penalties.
301 involves intent to cause death or grievous hurt, hence much more severe punishment.
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