Section 23 of the Bharatiya Nyaya Sanhita (BNS) states that if a person commits an act while being involuntarily intoxicated, meaning they were intoxicated without their knowledge or against their will, and they were incapable of understanding the nature of their act, it will not be considered an offense.
Key Provisions:
Legal Protection in Cases of Involuntary Intoxication
If a person is forcefully or unknowingly intoxicated and, as a result, cannot understand their actions, they will not be held criminally liable.
This does not apply if the person voluntarily consumed intoxicants.
Criminal Responsibility Still Applies in Cases of Voluntary Intoxication
If a person willingly consumes alcohol or drugs and commits a crime, they will be held accountable.
Only involuntary intoxication serves as a defense.
Burden of Proof
The accused must prove that they were intoxicated against their will or without their knowledge.
If proven, they may not be held responsible for their actions.
How It Protects:
Prevents wrongful punishment for individuals who were intoxicated without consent.
Ensures fair justice by distinguishing between voluntary and involuntary intoxication.
Encourages accountability for those who willingly consume intoxicants.
Example:
A person’s drink is drugged without their knowledge, and they unknowingly commit an offense → They may not be held responsible if they were incapable of understanding their actions.
A person voluntarily consumes alcohol, gets into a fight, and injures someone → They will be held accountable, as voluntary intoxication is not a defense.
