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Section 23: Involuntary Intoxication

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 85 IPC
Section 22 All 358 Sections of Bharatiya Nyaya Sanhita Section 24

Legal Commentary & Landmark Judgments: Section 23

Section 23 provides the defense of involuntary intoxication, establishing that 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 without his knowledge or against his will.

  • Involuntary Administration: The intoxicant (alcohol, narcotics, drugs) must have been administered without the person's knowledge (spiked drink) or against their will (coercion/force).
  • Complete Cognitive Incapacity: The involuntary intoxication must render the person incapable of knowing the nature of the act or that it was wrong or illegal.
  • Zero Defense for Voluntary Drinking: Voluntary drinking is completely excluded from Section 23 and is governed strictly by Section 24 BNS.
Key Landmark Precedents:
  • Director of Public Prosecutions v. Beard [1920] AC 479: The classic House of Lords authority: involuntary drunkenness is a complete defense where the mind was displaced by the involuntary potion.
  • Basdev v. State of Pepsu (AIR 1956 SC 488): The Supreme Court analyzed intoxication in Indian penal law, affirming that Section 85 IPC (Section 23 BNS) provides complete parity with insanity, provided the intoxicant was administered without knowledge or against the will.
Courtroom Practice & Strategic Litigation Guidance:

In cases involving spiked drinks or drugging at parties, secure toxicology blood reports, CCTV footage of drinks being tampered with, and eyewitness testimony establishing that your client drank an unknowingly adulterated beverage before the incident.

Section 22 All 358 Sections of Bharatiya Nyaya Sanhita Section 24