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.
Simplified Explanation
Section 23 of the Bharatiya Nyaya Sanhita (BNS), titled “Act of a Person Incapable of Judgment by Reason of Intoxication Caused Against His Will,” provides immunity from criminal liability for individuals who commit an act while intoxicated if the intoxication was involuntary. This section acknowledges that if a person’s judgment is impaired due to forced or unintended intoxication, they cannot be held responsible for actions performed under such influence, as they lack the capacity to understand or control their behavior.
Key Points of Section 23
- Involuntary Intoxication:
- Section 23 applies strictly to cases of involuntary intoxication, where the individual was intoxicated against their will or without their knowledge. This could happen if someone was unknowingly given an intoxicating substance or was forced to consume it.
- Impairment of Judgment:
- The section protects individuals who, due to forced intoxication, were incapable of exercising rational judgment or understanding the nature and consequences of their actions. This impairment makes them unable to form the criminal intent (mens rea) necessary for criminal liability.
- No Criminal Liability for Involuntary Actions:
- If the intoxication prevents the individual from understanding their actions, Section 23 offers protection from criminal charges. The person is not held liable for actions committed while under the influence if they did not willingly consume the substance.
- Assessment of Intoxication and Its Effects:
- Courts often rely on medical evidence or witness testimony to determine the nature and extent of the intoxication and whether it genuinely impaired the individual’s judgment. The person’s conduct before and after the incident may also be considered to assess their level of awareness.
- Exclusion of Voluntary Intoxication:
- This section does not provide immunity for actions done under voluntary intoxication. If someone willingly consumes an intoxicating substance and then commits an offense, they cannot claim immunity under Section 23, as they are responsible for the consequences of their choice.
- Good Faith Acts and Legal Protection:
- The immunity applies only when the person’s actions are proven to be the direct result of the involuntary intoxication, showing that they acted without awareness or control. This prevents misuse of the section as a defense for actions taken with conscious intent.
- Examples of Protected Situations:
- If someone is drugged without their knowledge and, under the influence, commits an act they would not normally engage in, Section 23 may provide legal immunity. Similarly, if a person is forced to consume alcohol or drugs and then behaves irrationally, they may be protected under this section.
Purpose of Section 23
Section 23 aims to protect individuals who, through no fault of their own, become intoxicated and lose their ability to make sound judgments. This provision reflects a fair approach by acknowledging that involuntary intoxication negates criminal intent, making the person unable to fully understand or control their actions. By providing immunity in such cases, Section 23 upholds the principle of justice, ensuring that individuals are not punished for acts committed under circumstances beyond their control. This section also reinforces accountability by limiting immunity to cases of involuntary intoxication, promoting fairness while preventing misuse.
