Section 23 BNS: Act of a person incapable of judgment by reason of intoxication caused against his will

Bharatiya Nyaya Sanhita, 2023

Section 23 BNS at a Glance

Section 23 BNS deals with act of a person incapable of judgment by reason of intoxication caused against his will. It replaced Section 85 IPC on 1 July 2024.

Punishment

None. Section 23 BNS creates no offence.

IPC Equivalent

Section 85 →

Section 23 BNS Bare Act Text

23. Act of a person incapable of judgment by reason of intoxication caused against his will

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.

Source: Section 23, Bharatiya Nyaya Sanhita, 2023

Section 23 BNS in Simple Words

Section 23 of the Bharatiya Nyaya Sanhita (BNS) protects a person who did an act while intoxicated, but only where the thing that intoxicated them was administered without their knowledge or against their will. The law treats such a person as not guilty if, at the time of doing the act, intoxication made them incapable of knowing the nature of the act or that it was wrong or contrary to law. This is not a blanket defence for drunken conduct.

Voluntary drinking or drug use does not get protection under this section. This provision applies where someone is forced, tricked, or otherwise made intoxicated without their knowledge or against their will. For example, if a person is secretly drugged and then commits an act while unable to judge what they are doing, the court may consider this defence.

The practical significance is clear: the accused must show both involuntary intoxication and lack of judgment at the time of the act. In criminal cases, this can completely change liability, because the law does not punish a person for an act done without the required mental understanding due to intoxication imposed on them by another.

Ingredients of Section 23 BNS

  • The act is done by a person who, at the time of doing it, is intoxicated
  • By reason of the intoxication he is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law
  • The thing which intoxicated him was administered to him without his knowledge or against his will

Punishment Under Section 23 BNS

Imprisonment

None. Section 23 BNS creates no offence.

Fine

None.

Section 23 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 23 BNS

At a wedding in Kolkata, a prankster adds a strong drug to the soft drink of a guest, Rajib, without telling him. Rajib becomes so intoxicated that he cannot know what he is doing, and he damages a parked scooter. He drank without knowing, so under Section 23 BNS the damage is not an offence.

When Section 23 BNS Does Not Apply

  • The person took the intoxicating thing knowingly and of his own will, where Section 24 BNS applies instead
  • The intoxication does not make him incapable of knowing the nature of the act or that it is wrong or contrary to law
  • The intoxicating thing was not administered without his knowledge or against his will

Section 23 BNS in the IPC (Previous Law)

Section 23 BNS replaces Section 85 IPC from the old criminal code.

Section 23 BNS keeps the exception in the same words.

View IPC Section 85 →

FAQs on Section 23 BNS

Under Section 23 BNS, does drunkenness always excuse a criminal act?▼

No. Voluntary drunkenness is not a defence under this provision. The protection applies only when the intoxication was caused against the person's will and the person could not judge the act or know it was wrong.

Under Section 23 BNS, what if someone was drugged without consent?▼

That is the kind of situation this section is meant for. If the person was intoxicated against their will and lacked judgment because of it, the court may accept this as a defence, depending on the facts and evidence.

Under Section 23 BNS, who has to prove involuntary intoxication?▼

The accused usually has to place facts before the court showing that the intoxication was not voluntary. Medical records, witness statements, and surrounding circumstances can all matter.

Is Section 23 BNS a complete defence in every case?▼

Not automatically. The court will still examine whether the accused truly lacked the capacity to understand the act or its wrongfulness at the relevant time. The defence succeeds only if the facts support that conclusion.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·