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Section 23 — Act of a person incapable of judgment by reason of intoxication caused against his will
23
23
Act of a person incapable of judgment by reason of intoxication caused against his will
Bharatiya Nyaya Sanhita, 2023
Chapter III General Exceptions
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
IntoxicationGeneral ExceptionsInvoluntary IntoxicationCriminal Law
🗣️ Simple Explanation
What does this law say? Section 23 of the BNS says that if a person commits a crime while intoxicated, they are not guilty if they were intoxicated without their knowledge or against their will. This means someone spiked their drink. This section replaces the old law, but there was no specific section in the IPC that covered this.
Why does this law exist? This law protects people who are tricked into being intoxicated. It recognizes that they didn't choose to be in that state and shouldn't be held responsible for their actions.
Real-life impact If someone is unknowingly drugged and commits a crime, they may not be punished. This law protects people who are victims of being intoxicated against their will. It ensures fairness in the legal system.
What happens if you break this law? If you commit a crime while intoxicated without your knowledge, you are generally not punished. The police can arrest without warrant, but the focus is on the fact that you were tricked. The authorities will investigate how you became intoxicated.
💡 Real Life Example

Rahul is unknowingly given a spiked drink and, while intoxicated, gets into a fight. Because he didn't know he was drugged, he might not be held responsible for the fight. The focus will be on who drugged him.

Priya's drink is spiked at a party, and she commits a minor offense. If it's proven she was drugged without her knowledge, she might not be punished. The focus will be on finding out who spiked her drink.

🛡️ KNOW YOUR RIGHTS
  • •Seek legal counsel immediately if accused.
  • •Report the incident to the police.
  • •Provide evidence of how you were intoxicated.
  • •You have the right to legal aid.
  • •Cooperate with the investigation.
❓ FREQUENTLY ASKED QUESTIONS
Section 23 of the BNS says that if a person commits a crime while intoxicated, they are not guilty if they were intoxicated without their knowledge or against their will. This means someone spiked their drink. The law focuses on the person's lack of knowledge.
If you commit a crime while intoxicated without your knowledge, you are generally not punished. The police can arrest without warrant, but the focus is on the fact that you were tricked. The authorities will investigate how you became intoxicated. The goal is to find the person responsible.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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