BNS Section 23: Act of a person incapable of judgment by intoxication caused against his will (2026)
What Section 23 of the Bharatiya Nyaya Sanhita (BNS) says about an act done by a person made incapable of judgment by intoxication caused against his will, and how it maps to Section 85 of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 23 of the Bharatiya Nyaya Sanhita (BNS) deals with involuntary intoxication. It says that nothing is an offence which is done by a person who, at the time of the act, by reason of intoxication, cannot know the nature of the act, or that it is wrong or contrary to law, but only if the intoxicant was given to him without his knowledge or against his will. Section 23 replaced Section 85 of the Indian Penal Code (IPC) from 1 July 2024. This explainer sets out the limits of the defence and how it maps to the old law. Last verified October 2026.
- New section: involuntary intoxication is Section 23 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 85 of the IPC. (The linked Section 86 of the IPC is now Section 24.)
- Condition: the defence applies only if the intoxicant was given without the person knowledge or against his will.
- Voluntary drinking: not a defence. A person who chooses to drink is treated as having his normal knowledge.
01Why this defence is narrow
Drunkenness is usually no excuse for a crime. The law treats a person who chooses to drink as responsible for what follows. Section 23 of the BNS is the one narrow window where intoxication can be a complete defence, and it opens only when the person was intoxicated against his own will.
Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The old Section 85 rule now sits in Section 23. The condition and the test are carried over, so if you earlier cited "Section 85 IPC", you now cite Section 23 of the BNS.
02What Section 23 says
Section 23 of the BNS reads, in substance: nothing is an offence which is done by a person who, at the time of doing it, by reason of intoxication, is incapable of knowing the nature of the act, or that it is wrong or contrary to law. There is one condition attached, and it is central to the whole section.
The condition is that the thing which intoxicated the person was given to him without his knowledge or against his will. If that condition is not met, the defence does not apply. So the section protects only a person who did not choose his own intoxication.
A general exception with a condition
Section 23 admits the act but removes criminal liability. Unlike most exceptions, it carries a built-in condition: the intoxication must have been involuntary.
03The key condition: against his will
The defence under Section 23 stands or falls on how the person became intoxicated. It applies only when the intoxicant was given:
- without the person knowing (for example, a drink that was spiked); or
- against the person will (for example, forced to consume it).
Section 23 protects only involuntary intoxication. A person who chooses to drink cannot use it to escape liability.
If the person drank or took the substance knowingly and willingly, Section 23 gives him nothing, even if he became so drunk that he did not know what he was doing. That situation is dealt with by a separate rule on voluntary intoxication, which is far less generous to the accused.
04Old to new: IPC 85 to BNS 23
Section 85 of the IPC is now Section 23 of the BNS. The test and the condition are carried over, so case law on Section 85 still guides how Section 23 is read.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Involuntary intoxication | Section 85 | Section 23 |
| Offence needing a particular knowledge or intent, while intoxicated | Section 86 | Section 24 |
| Condition | Intoxicant given without knowledge or against will | Same condition carried over |
Note the pairing. The old IPC had two linked sections, 85 and 86. Section 85 (now BNS 23) is the defence of involuntary intoxication. Section 86 (now BNS 24) deals with how knowledge and intent are judged for an intoxicated person. They are separate sections, so do not treat BNS 23 as covering both.
05Voluntary intoxication is different
Where a person gets intoxicated by choice, the law presumes he had the same knowledge he would have had if sober. He cannot say his drunkenness stopped him from knowing what he was doing. The only open question in such a case is whether he had the specific intent that a particular offence may require, and that is judged on the facts.
Section 23 is one of the general exceptions, alongside the defence of unsoundness of mind under Section 22. The two are often argued together, but they are distinct. Unsoundness of mind looks at a mental illness, while Section 23 looks at involuntary intoxication.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
The involuntary-intoxication defence turns on narrow facts, so you need to see how courts have handled similar pleas before. Claw carries more than 30 crore judgments and returns each search in under 5 seconds, so you can read how a court has applied the old Section 85 or the new Section 23, or follow a pending plea through its hearings and orders across the 9,102 courts, benches and forums it tracks.
Claw does not use customer case documents to train its AI models. Sign up for a free Claw account to look up an involuntary-intoxication matter by party or by the advocate arguing it, and to watch it as it is heard. For the broader search across all of reported law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 23, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 85 IPC in the BNS?
Section 85 of the IPC, the defence of involuntary intoxication, is now Section 23 of the Bharatiya Nyaya Sanhita, 2023. The test is carried over: the act is not an offence if intoxication made the person unable to know its nature, or that it was wrong or unlawful, and the intoxicant was given without his knowledge or against his will.
Is drunkenness a defence to a crime in India?
Only if it was involuntary. Section 23 of the BNS protects a person only when the intoxicant was given without his knowledge or against his will. Voluntary drinking is not a defence.
What does "against his will" mean in Section 23?
It means the person did not choose to be intoxicated. The intoxicant was either slipped to him without his knowledge, such as a spiked drink, or forced on him. If he took it willingly, the section does not apply.
Does Section 23 cover offences that need a specific intent?
No, that is dealt with separately. The old IPC Section 86, now Section 24 of the BNS, governs how knowledge and intent are judged for an intoxicated person. Section 23 is only the defence of involuntary intoxication.
Does old case law on Section 85 still apply?
Yes. Because the test and condition are carried over into Section 23, judgments on Section 85 of the IPC still guide how courts read involuntary intoxication under the BNS.
Can I track a case involving Section 23 in Claw?
Yes. You can find a Section 23 plea by party or advocate and keep its orders and hearings in view across the 9,102 courts, benches and forums Claw covers, with more than 30 crore judgments behind each search and results in under 5 seconds. Claw tracks and researches the matter but does not give legal advice.