Introduction of BNS Section 23
BNS Section 23 deals with situations where a person commits an act while they are intoxicated, but they did not know or agree to being made intoxicated. If someone cannot understand their actions because they were made drunk or high without their consent, they are not held responsible for those actions.
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
No Crime: If someone does something wrong while they are drunk or high without knowing they were being made that way, they can’t be charged with a crime.
Unintentional Intoxication: This rule applies when someone is made drunk or high without their consent or knowledge.
Can’t Understand: The person must not be able to understand what they are doing or that it’s wrong because of the intoxication.
Protection from Charges: It protects people from being blamed for actions they couldn’t control due to being made intoxicated against their will.
Consent is Key: The focus is on whether the person was made intoxicated without their knowledge or consent and how it affected their ability to judge their actions.
Section 23 BNS Overview
Unaware Intoxication: Applies when someone is intoxicated because it was given to them without them knowing.
Lack of Understanding: The person must not understand their actions because they are intoxicated.
No Crime: If intoxicated without consent, their actions are not seen as criminal.
Consent Matters: Focuses on whether the intoxication was without their knowledge.
Legal Protection: Protects people who cannot control their actions because they were made intoxicated without their knowledge.
Awareness of Wrongdoing: If they do not realize their actions are wrong or illegal, they are not held responsible.
Exemption from Charges: People who were intoxicated without their consent are not charged with a crime.
Key Issue: The main issue is whether the person was intoxicated without their knowledge.
Judgment Check: Legal decisions will check if the person could understand their actions at the time.
Fairness: Ensures that people who cannot control their behavior due to unintentional intoxication are not punished.
Bharatiya Nyaya Sanhita Section 23
Aspect | Explanation |
---|---|
Definition | Actions are not seen as criminal if the person was intoxicated without their knowledge and could not understand their actions. |
Offence | Acts done while unknowingly intoxicated are not treated as crimes. |
Punishment | No punishment is given since the person is not held responsible. |
Bailable | Bail does not apply because there are no charges. |
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.
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