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Under section 23 of the Bharatiya Nyaya Sanhita, 2023, a person is so intoxicated at the time of an act…

Section 23 requires both the specified incapacity at the time of the act and administration of the intoxicant without the person’s knowledge or against their will. The…

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Under section 23 of the Bharatiya Nyaya Sanhita, 2023, a person is so intoxicated at the time of an act that they cannot know its nature or that it is wrong or contrary to law. Which additional condition is required for the general exception?

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Answer and explanation

Correct answer B

Section 23 requires both the specified incapacity at the time of the act and administration of the intoxicant without the person’s knowledge or against their will.

The identity of the person who physically administered the intoxicant does not by itself establish that condition.

Option feedback

Option A

Knowing, voluntary administration does not satisfy section 23.

Option B

Section 23 requires administration without knowledge or against the person’s will.

Option C

Administration by someone else does not qualify if the person knowingly and willingly accepted it.

Option D

Legal availability does not establish the statutory administration condition.

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