BNS Section 23 - Act Of A Person Incapable Of Judgment By Reason Of Intoxication Caused Against His Will

It is addressed in BNS Section 23 of the Bharatiya Nyaya Sanhita, 2023 (BNS), when an individual commits an act as a result of intoxication and such intoxication was not voluntary. Section 23 provides a defense that the act was not an offence if an individual is involuntarily intoxicated and did not possess the capacity to understand the nature of the act or that the act was wrong or contrary to law. The purpose of this provision is to recognize that an individual shall not be held criminally liable for an act done while intoxicated if such intoxication was without their knowledge or will.

In this article, you will get to know about:

• Simplified Explanation of BNS Section 23.
• Key Details.
• Relevant FAQs.

Legal Provision

Section 23 of the BNS ‘Act of A Person Incapable of Judgment by reason of Intoxication Caused Against His Will’ states:

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; unless that the thing which intoxicated him was administered to him without his knowledge or against his will.

Simplified Explanation Of BNS Section 23

BNS Section 23, in short, says that an action that would ordinarily be a crime is not considered an offence if someone was so intoxicated they did not even know that they were acting or doing something wrong or illegal, provided that the intoxication was caused by someone else without the intoxicated person's consent or knowledge.

The key elements of Section 23 of the BNS are:

• Intoxication: The intoxication should have existed at the time of the doing of the act, whereby it clearly means that it should have brought the person to a state where his mental faculties were considerably impaired as a result of the intake of alcohol or drugs.
• Incapacity to Know: By reason of this intoxication, the person was not able to know either the physical aspect of their act as much as they were physically doing, or the moral and legal implications of it being wrong or against the law.
• Involuntary Administration: That is the most important element. The substance by which he is intoxicated must have been given to the person without his own understanding (for example, someone spiked the person's drink without their knowing). Or the person is not willing (coerced into taking it).

BNS Section 23 - Key Details

Key Improvements And Changes: IPC Section 85 To BNS Section 23

Both the BNS Section and the IPC Section deal with the same legal phraseology; only section numbering is done differently in this Bharatiya Nyaya Sanhita. There is no betterment or change in the principle of law or its articulation whatsoever between BNS Section 23 and IPC Section 85 on this aspect.

Involuntary intoxication as a defense that leads to inability to comprehend either the nature or wrongfulness of an act is retained under the new code. Legal interpretations and precedents established by IPC Section 85 will continue to be applicable for BNS Section 23. BNS restatements ensure the continuity of an important defense in the Indian criminal justice system.

Conclusion

BNS Section 23 is similar in meaning to IPC Section 85 and is an important defence in criminal law for a party that commits an act while intoxicated due to reasons beyond their control - i.e., the subject was made intoxicated without their knowledge or against their will. This provision emphasizes the notion that criminal liability requires some level of conscious and voluntary conduct on the part of the alleged person, as a party that is involuntarily intoxicated to the extent that they are unable to understand the nature or wrongfulness of their act is not blameworthy at law.

FAQs

A few FAQs are:

Q1 - Why was IPC Section 85 revised and replaced with BNS Section 23?

IPC Section 85 was not revised per se; rather, the entire Indian Penal Code was dispossessed by the Bharatiya Nyaya Sanhita, 2023, as part of the larger set of reforms of criminal laws in India. The BNS Section 23 is the equivalent provision, which re-enacts the defence of incapacity on the grounds of involuntary intoxication.

Q2 - What are the main differences between IPC Section 85 and BNS Section 23?

The basic distinction lies in the renumbering of the section. BNS Section 23 spoke of "intoxication caused against his will," whereas IPC Section 85 spoke of "intoxication caused against his will"; otherwise, the substantive legal principle and nomenclature are almost identical.

Q3 - Is BNS Section 23 a bailable or non-bailable offence?

An offence is not defined by BNS Sec. 23; on the contrary, it would ordinarily be an offence, except for circumstances mentioned in BNS Sec. 23 under which there will be a defense against it. Being bailable or non-bailable will depend on the charge on which the involuntary intoxication is set up as a defense.

Q4 - What is the punishment for offence under BNS Section 23?

In section 23 of the BNS, there is a defense to criminal responsibility. If the accused succeeds with the defense of involuntary intoxication under section 23, they will be found not guilty of the offence. In this case, the act is not deemed a crime in law. If the accused fails with the defense of involuntary intoxication, they will receive the prescribed penalty for the offence.

Q5 - What is the fine imposed under BNS Section 23?

Since BNS Section 23 provides for an exemption from offence, in case of successful defense, no fine is imposed; if defense fails, any fine will be according to the provisions for the original offence committed.

Q6 - Is the offence under BNS Section 23 cognizable or non-cognizable?

Section 23 of the BNS does not constitute offences in themselves. The police action shall depend on whether the offence giving rise to the charge against the involuntary intoxication is cognizable or non-cognizable.

Q7 - What is the BNS Section 23 equivalent of IPC Section 85?

The BNS Section 23 is equivalent to Section 85 of the IPC, meaning to say BNS 23 encompasses the same subject matter. BNS 23 directly replaces the jurisdiction of the original and re-enacts the same principle pertinent to the defense of incapacity due to involuntary intoxication within the new Bharatiya Nyaya Sanhita.