Introduction of BNS Section 23
BNS Section 23 deals with cases where a person commits an act while intoxicated, but the intoxication was not voluntary. If someone is made drunk or drugged without their consent or knowledge, and as a result cannot understand their actions, the law protects them from being punished.
This section is an important safeguard because it recognizes that a person should not be treated as a criminal when they were forced into a condition that removed their ability to think or judge.
The Bharatiya Nyaya Sanhita (BNS) Section 23 replaces the old Indian Penal Code (IPC) Section 85.
What is section 23 of BNS ?
BNS Section 23 says that if a person does something while they are intoxicated due to something they were given without their knowledge or consent, and they do not understand their actions, they are not treated as criminals. This law protects people who were unknowingly impaired from being blamed for their actions.
BNS Section 23 in Simple Points
Nothing is an offence which is done by a person who, at the time of doing it, is incapable of knowing the nature of the act, by reason of intoxication caused against his will or without his knowledge.
(This corresponds to IPC Section 85, now updated under BNS 2023.)
1. Meaning of Section 23
BNS Section 23 gives protection to a person who becomes intoxicated without their consent or knowledge. If they commit an act while in such a state and cannot understand what they are doing, their act will not be considered a crime.
This means the law excuses people who are drugged or made drunk against their will because they lacked awareness and intention.
2. Purpose of Section 23
- To ensure fairness in criminal law.
- To protect innocent individuals who are forced into intoxication.
- To recognize that criminal liability requires free will, knowledge, and intention.
- To prevent wrongful punishment in cases of involuntary intoxication.
3. Essential Ingredients of Section 23
For this section to apply, these conditions must be satisfied:
- Involuntary Intoxication – The person must have been intoxicated without their consent or knowledge.
- Lack of Understanding – Because of intoxication, they must be unable to judge the nature and consequences of their actions.
- Judicial Scrutiny – The court must verify evidence, circumstances, and medical reports to confirm the claim.
- No Voluntary Intoxication – If a person drinks or takes drugs by choice, this section does not apply.
4. Punishment under BNS Section 23
- No Criminal Liability → If intoxication was involuntary and the person could not understand their act.
- Criminal Liability Applies → If intoxication was voluntary, they are treated like any other offender.
- Compensation → In some cases, civil responsibility (like damages) may still arise even if criminal liability is excluded.
5. Examples of BNS Section 23 in Action
- Example 1 – Spiked Drink: A person’s drink is secretly mixed with alcohol at a party. Under the influence, they break property. Since intoxication was not voluntary, it is not a crime.
- Example 2 – Drugged Without Consent: Someone is drugged and unknowingly assaults another person. Since their judgment was clouded by forced intoxication, they are not criminally liable.
- Example 3 – Voluntary Drinking: A man gets drunk by choice and attacks someone. Here, Section 23 does not apply — he will be held responsible.
6. Importance of BNS Section 23
- Protects people who were tricked or forced into intoxication.
- Maintains fairness in justice by requiring intent for crime.
- Prevents misuse of criminal law against innocent individuals.
- Updates and modernizes IPC Section 85 under BNS 2023.
- Balances compassion with responsibility by drawing a clear line between voluntary and involuntary intoxication.
BNS 25 Explanation
1. Unaware Intoxication
This rule applies when a person becomes intoxicated without their knowledge or consent. For example, if someone’s drink is mixed with alcohol or drugs without informing them, their intoxicated state is not voluntary. Since they did not willingly consume the substance, the law treats them differently from a person who chose to get drunk.
2. Lack of Understanding
Once intoxicated against their will, the person may not be able to understand the nature of their actions. Their judgment becomes clouded, and they may act in ways they normally would not. Since their state of mind is disturbed by a substance they did not choose to consume, they cannot be held fully responsible for their behavior.
3. No Crime
If a person, under such forced intoxication, commits an act that would normally be considered a crime, it is not treated as a criminal offense. This is because criminal liability requires knowledge and intention, both of which are missing here. The law recognizes that punishing such individuals would be unfair.
4. Consent Matters
The key factor is whether the intoxication was without the person’s knowledge or against their will. If they willingly consume alcohol or drugs and commit an offense, they are liable. But if someone else tricked or forced them into intoxication, they are protected. This distinction makes consent central to the application of this rule.
5. Legal Protection
This provision safeguards people who cannot control their actions because they were intoxicated without their knowledge. It ensures that such individuals are not wrongfully punished for something that was beyond their control. The law offers them protection by recognizing the involuntary nature of their condition.
6. Awareness of Wrongdoing
For criminal liability to exist, a person must be aware that their act is wrong or unlawful. If intoxication removes that awareness and the intoxication was not voluntary, the law excuses their actions. For instance, if a person unknowingly drugged becomes violent, the absence of awareness shields them from criminal blame.
7. Exemption from Charges
When proven that intoxication was caused without consent, the individual is exempt from criminal charges. This exemption is important because it prevents punishing people for situations they did not choose to be in. However, the exemption applies only when evidence clearly shows lack of consent.
8. Key Issue
The central question in such cases is whether the intoxication happened without the person’s knowledge. If this can be established, the defense under this rule applies. If not, and the intoxication was voluntary, the protection is not available. Thus, courts carefully examine the facts before applying this principle.
9. Judgment Check
Before granting protection, courts check whether the person could understand their actions at the time of the incident. If their judgment was completely impaired because of involuntary intoxication, they are excused. This ensures fairness but also prevents misuse by people who may falsely claim they were intoxicated without consent.
10. Fairness
The main purpose of this rule is fairness in justice. It ensures that individuals who cannot control their actions due to unintentional intoxication are not punished as criminals. Instead, the blame is shifted to the situation or the person who caused the intoxication. This balances legal accountability with compassion.
Bharatiya Nyaya Sanhita Section 23
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 23 | Protects a person who, due to intoxication caused against their will or without their knowledge, is incapable of judging the nature of the act or knowing it is wrong. | No criminal punishment if it is proven that the intoxication was involuntary and the person could not understand their actions. The focus is on fairness and justice. | Not applicable (the act is excused, not treated as an offence) | Depends on the underlying alleged act; defence applies only if intoxication was involuntary | Criminal courts assess with evidence; if intoxication was forced, exemption is granted |
| IPC Section 85 (Old) | Stated that acts committed under involuntary intoxication are not offences if the person could not understand their actions or that they were unlawful. | No criminal liability; courts excused the person from punishment if lack of consent in intoxication was proven. | Not applicable (provided a defence, not a punishable offence) | Handled according to the main offence charged; intoxication defence raised during proceedings | Decided by criminal courts with witness and expert evidence; protection granted if intoxication was without consent |
BNS Section 23 FAQs
What does BNS Section 23 cover?
It covers cases where a person is intoxicated without their knowledge or consent and cannot understand their actions. Such cases are not treated as criminal.
How is involuntary intoxication decided?
It is decided if the intoxication was caused without the person’s knowledge or consent.
Can a person be punished under this section?
No, if they were intoxicated without their knowledge and did not understand their actions, they are not punished.
What if someone knew they were intoxicated?
If they were aware of their intoxication, this section does not apply, and their actions might be considered criminal.
Does this section apply to all cases of intoxication?
No, it only applies if the intoxication was caused without the person’s consent and affects their ability to judge their actions.
Conclusion
BNS Section 23 plays an important role in protecting fairness in criminal law. It ensures that no one is punished for acts committed while they were intoxicated against their will. The key element is consent — if intoxication was voluntary, the law does not excuse the person. But if it was forced or without knowledge, they are given full legal protection.
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Finished with BNS Section 23? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 24 — Offence requiring a particular intent or knowledge committed by one who is intoxicated
Read Here: https://marriagesolution.in/bns_section/bns-section-24/ - BNS Section 25 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent
Read Here: https://marriagesolution.in/bns_section/bns-25/ - BNS Section 26 — Act not intended to cause death, done by consent in good faith for person’s benefit
Read Here: https://marriagesolution.in/bns_section/bns-26/ - BNS Section 27 — Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian
Read Here: https://marriagesolution.in/bns_section/bns-27/ - BNS Section 28 — Consent known to be given under fear or misconception
Read Here: https://marriagesolution.in/bns_section/bns-28/
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