Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions
Section 23: Act of a person incapable of judgment by reason of intoxication caused against his will
In plain words
An act is not an offence if the person was so intoxicated that they could not know what they were doing, or that it was wrong or against the law, but only if the intoxicating substance was given to them without their knowledge or against their will.
- Voluntary intoxication does not give this protection.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 23 carries forward section 85 of the IPC word for word: intoxication excuses only where the person was incapable of knowing the nature or wrongfulness of the act and the intoxicant was given without their knowledge or against their will.
Key points
- Involuntary intoxication only.
- The incapacity must be as complete as in section 22.
- Voluntary drinking is dealt with by section 24.
Key Supreme Court rulings
Bhagwan Tukaram Dange v. State of Maharashtra 2014 INSC 188
Decided under section 85 of the IPC. Intoxication, as such, is not a defence to a criminal charge.
Common mistakes
- Pleading voluntary drunkenness under this section.
Read with: Section 24 BNS, Section 85 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 23
No Supreme Court judgment in our database cites this section yet.