BNS Section 23: Act of a Person Incapable of Judgment by Reason of Intoxication Caused Against His Will

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 BNS Section 23

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.

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