According to Section 23 of the BNS, 2023, an act is not an offence if it is committed by a person under intoxication, only if:

Question

Question

The person was a habitual drinker
The intoxication was self-induced
The intoxicating substance was taken with medical advice
The intoxication was without his knowledge or against his will, and he was incapable of understanding the nature or wrongfulness of the act

Answer 1

The correct answer is Option 4

Key Points

Section 23 of the Bharatiya Nyaya Sanhita, 2023 provides 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 it is wrong or contrary to law, provided that the thing which intoxicated him was administered without his knowledge or against his will."
So, to claim exemption from liability, the following must be proven:
- The person was incapable of understanding the act due to intoxication,
- And the intoxication was involuntary (without knowledge or against his will).
Voluntary intoxication is not a valid defence under this section.