BNS · Section 23 · Chapter III — GENERAL EXCEPTIONS

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

What this section does

This section provides a defence where a person, due to involuntary intoxication, was incapable of knowing the nature of the act or that it was wrong or contrary to law. The critical condition is that the intoxicating substance was administered without the person's knowledge or against their will. Voluntary intoxication does not attract this exception.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Old-law correspondence

Derived from IPC s.85.

Read the official text

For the binding statutory text of BNS Section 23, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 23 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.