Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 23: Act of a person incapable of judgment by reason of intoxication caused against his will.
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.
Brefe Detail
BNS Section 23 provides a defense for individuals who commit an act under the influence of intoxication if they were incapable of understanding the nature of the act or distinguishing between right and wrong due to intoxication. However, the intoxication must have been caused without the person's knowledge or against their will.
Question & Answers
1. What is the primary defense provided under BNS Section 23?
The primary defense is that a person who commits an act while intoxicated is not guilty if they were incapable of understanding the nature of the act or determining right from wrong, provided the intoxication was caused without their knowledge or against their will.
2. Is voluntary intoxication covered under BNS Section 23?
No, voluntary intoxication is not covered. The intoxication must be involuntary, either administered without the person’s knowledge or against their will.
3. What must be proven to use the defense under BNS Section 23?
It must be proven that the intoxication made the person incapable of understanding the nature of their actions, and that the intoxication was not voluntary but administered without their knowledge or against their will.
4. Does BNS Section 23 apply if a person knows they are intoxicated but commits a crime?
No, the section only applies if the intoxicated person is unaware of the intoxication and its effects were involuntary.
Example
A person, unknowingly intoxicated by someone else, causes damage to property while in a state of severe inebriation. Since the person was incapable of understanding the consequences of their actions due to involuntary intoxication, they could claim protection under BNS Section 23, as the intoxication was not voluntary.
Summary
BNS Section 23 shields individuals from criminal liability if they were involuntarily intoxicated and were incapable of understanding their actions. The section specifically applies where the intoxication occurred without their knowledge or against their will.
