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Under section 23 of the Bharatiya Nyaya Sanhita, 2023, a person was so intoxicated that they could not…

Section 23 requires incapacity to know the nature of the act or that it was wrong or contrary to law, at the time of the act. It also requires that the intoxicant was…

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Under section 23 of the Bharatiya Nyaya Sanhita, 2023, a person was so intoxicated that they could not understand the nature or wrongfulness of the act when it occurred. What further condition does the intoxication defence require?

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Answer and explanation

Correct answer B

Section 23 requires incapacity to know the nature of the act or that it was wrong or contrary to law, at the time of the act.

It also requires that the intoxicant was administered without the person's knowledge or against their will.

Option feedback

Option A

Knowing, voluntary consumption does not satisfy section 23.

Option B

Either lack of knowledge or administration against the person's will satisfies the proviso, given the stated incapacity.

Option C

Supply by someone else does not satisfy the proviso when the person knowingly and willingly takes the substance.

Option D

The statutory inquiry concerns incapacity when the act was done and the circumstances of administration.

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