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

Summary

Nothing is an offence if it is done by a person who, at the time of doing it, is so intoxicated that they are incapable of knowing the nature of the act, or that what they are doing is wrong or against the law. This protection applies only if the substance that caused the intoxication was given to the person without their knowledge or against their will.

Official Text

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.

Related Judgments

• POORANMAL vs THE STATE OF RAJASTHAN & ANR — Supreme Court of India (2026)
• JAI MANGAL MEHTO vs STATE (GOVT. N.C.T. OF DELHI)) — Delhi High Court (2025)
• SANJAY VASUDEVA vs STATE OF NCT OF DELHI AND ANR — Delhi High Court (2025)

Old <-> New Code Mapping

• IPC §85 — Act of a person incapable of judgment by reason of intoxication caused against his will