BNS Section 23: Act of a Person Incapable of Judgment by Reason of Intoxication Caused Against His Will
Section 23 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It has addressed the problem of intoxication and the consequences in terms of criminal liability. The provision in this regard holds that no person shall be criminally liable for anything done or omitted by them while intoxicated if that state was induced without their knowledge or against their will. This is to the effect that a person cannot be held criminally liable for what he does when he cannot understand what he does or distinguish between good or bad because of involuntary intoxication.
This section points out a critical consideration in the legal framework: voluntary and involuntary intoxication. The law has recognised that individuals may be incapacitated due to circumstances beyond their control, thereby showing compassion in the understanding of personal agency and accountability. This provision is therefore meant to protect those who are vulnerable to exploitation or harm while ensuring justice is applied fairly and equitably.
Definition of BNS Section 23
Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will
Explanation and Illustration of Section 23 (Bharatiya Nyaya Sanhita, 2023)
This provision holds that a person cannot be held criminally liable for actions done while intoxicated. This is provided that that intoxication was involuntary. The person is exempt from criminal responsibility if, owing to the effects of an intoxication caused against their will, they are or appear to be incapable of understanding what they are doing, or that what they are doing or proposing to do is or will be wrong.
This section recognises the role of personal agency and the situation in which a person may be incapacitated. It is to protect those who, through external influence, cannot make informed decisions about their actions.
Example:
If a person is unknowingly given a spiked drink at a party. While under the influence of the stupefying drug, they commit the act causing harm to property. Where it is proved that the intoxication was not voluntary and the person had not known what they were doing at the relevant time, the section would apply. This would make the person not criminally liable for the damage done because he was incapacitated due to circumstances beyond his control.
This provision indicates the recognition of the legal system towards the complexities of the issue of intoxication and the need to ensure that accountability is aligned with the capacity of judgement and understanding on the part of an individual.
Key Points of BNS 23
Legal Immunity for Involuntary Intoxication: Protects individuals who are unable to understand their actions due to involuntary intoxication at the time of committing an act.
Involuntary Intoxication:
Incapacity to Judge:
Voluntary Intoxication Not a Defense: If the intoxication is self-induced, it does not qualify for immunity under this provision.
State of Mind at the Time of the Offense: Immunity applies only if the person’s mental state at the time of the act prevents them from understanding the act or its consequences.
Administration of Intoxicants: Immunity applies when intoxicants are administered without the person’s knowledge or consent (e.g., drink spiking).
Differences Between Section 23 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 23 of the Bharatiya Nyay Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 85), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 23 | Act of a person incapable of judgement by reason of intoxication caused against his will. | 85 | No change |
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FAQs about Section 23 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 23?
Section 23 of the BNS addresses the actions of a person who is incapable of judgement due to intoxication caused against their will, outlining the legal implications of such circumstances.
Which chapter does Section 23 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 23 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 23 address the issue of involuntary intoxication?
This section establishes that individuals who are intoxicated against their will may not be held criminally liable for actions taken while in that state, reflecting an understanding of their lack of control.
What factors are considered to determine if intoxication was involuntary under Section 23?
Factors include the circumstances leading to the intoxication, such as whether the individual was coerced, misled, or otherwise forced into consuming substances that impaired their judgement.
Are there any other exceptions related to intoxication in Chapter III of the BNS?
Yes, Chapter III may include additional provisions concerning voluntary intoxication and its effects on criminal responsibility, though these may differ in their legal implications compared to involuntary intoxication.
Can someone be acquitted under Section 23 of the BNS for committing a crime while involuntarily intoxicated?
Yes, Section 23 can be used as a defense if the intoxication was involuntary. However, the individual must prove that they were incapacitated and unable to form intent or judgment due to the intoxication caused against their will. For more information consult our lawyers.
How does Section 23 protect individuals from unfair criminal liability?
Section 23 ensures that individuals who commit offenses while intoxicated due to external factors (such as being forced to consume alcohol or drugs) are not unfairly held fully criminally responsible for their actions, provided they were incapable of forming intent at the time of the offense.
