Section 23 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 23 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal implications of actions committed by individuals who are involuntarily intoxicated. This provision ensures that a person is not held criminally liable for acts performed while intoxicated, provided that the intoxicating substance was administered without their knowledge or against their will.
📝 Text of Section 23
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.
⚖️ Key Legal Principles
Involuntary Intoxication as a Defense: If a person commits an act while intoxicated and is incapable of understanding the nature or wrongfulness of their actions due to involuntary intoxication, they may not be held criminally liable.
Voluntary Intoxication Not a Defense: This provision does not apply if the intoxication was self-induced. Individuals who voluntarily consume intoxicants remain fully accountable for their actions.
Mental State at the Time of the Offense: The critical factor is the individual's mental capacity at the time of committing the act. If involuntary intoxication impairs their judgment to the extent specified in Section 23, they may be exempt from liability.(nyayseva.com)
🧪 Illustrative Scenario
Consider a situation where an individual unknowingly consumes a beverage laced with a potent intoxicant. Under the influence, they commit an act that would typically be deemed criminal, such as damaging property. If it is established that the person was unaware of consuming the intoxicant and was incapable of understanding their actions due to the intoxication, Section 23 may provide a defense against criminal charges.
📚 Comparison with Indian Penal Code (IPC)
Section 23 of the BNS, 2023 corresponds to Section 85 of the Indian Penal Code (IPC), 1860, which similarly exempts individuals from liability when they act under a mistaken belief of being legally bound to do so.
📌 Summary
Section 23 of the Bharatiya Nyaya Sanhita, 2023, provides a legal safeguard for individuals who commit acts while involuntarily intoxicated, ensuring they are not unjustly penalized for actions committed without the capacity to understand their nature or wrongfulness. However, it maintains accountability by excluding voluntary intoxication from serving as a defense. This balance upholds the principles of justice by considering the individual’s mental state while ensuring that self-induced impairment does not absolve one of responsibility
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