Site navigation

A person is so intoxicated that they cannot know the nature of their act or that it is wrong or…

Section 23 requires both qualifying incapacity and an intoxicant administered without the person’s knowledge or against their will. The decisive question is how the…

Choose your answer

A person is so intoxicated that they cannot know the nature of their act or that it is wrong or contrary to law. Under section 23 of the Bharatiya Nyaya Sanhita, 2023, what additional condition must be satisfied for the intoxication exception to apply?

Select one answer
Answer and explanation

Correct answer A

Section 23 requires both qualifying incapacity and an intoxicant administered without the person’s knowledge or against their will. The decisive question is how the intoxication came about. The separate rule concerning particular intent or knowledge appears in section 24.

Option feedback

Option A

The required additional condition is administration without knowledge or against will.

Option B

Later regret does not make knowing and willing intoxication involuntary.

Option C

An informed and willing choice fails the condition regardless of who physically administers the substance.

Option D

Private premises do not change whether the intoxication was knowing and voluntary.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic