BNS Series : Section 23 protects Crimes done from FORCED Intoxication | EXPLAINED By Anuj Chauhan

Can you be held responsible for a crime if you weren’t even in control of your own mind?
The law says—sometimes, no.
Hello and welcome to Day 23 of the BNS Series,
where we break down one section every day.
Section 23 says—a person is not guilty of an offence if, at the time of the act, they were intoxicated
to the extent that they couldn’t understand the nature of their actions or know that what they were doing was wrong or against the law.
But there’s a key point—
This protection only applies if the intoxication was involuntary or without their knowledge.
If someone voluntarily gets intoxicated, they cannot claim this defence.
In simple terms—
The law shields those who lose control through no fault of their own,
but not those who willingly put themselves in that state.


Section 23 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines "Act of a person incapable of judgment by reason of intoxication". It states that an act is not an offense if the person was so intoxicated that they were incapable of knowing the nature of their act or that it was wrong or illegal. However, this defense is only applicable if the intoxication was involuntary, meaning the substance was administered without their knowledge or against their will.
Key conditions for the defense:
Involuntary intoxication: The substance causing intoxication must have been given to the person without their knowledge or against their will.
Incapacity of judgment: At the time of the act, the person was unable to understand what they were doing or differentiate between right and wrong.
What this means:
This section provides a defense for individuals who commit an act while involuntarily intoxicated.
It is distinct from voluntary intoxication, where the individual is aware they are consuming an intoxicant. Voluntary intoxication is not a defense for an offense that requires intent, as explained in Section 24 of the BNS (refer to the linked Testbook article for more details).

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