BNS Section 23- Act of a person incapable of judgment by reason of intoxication caused against his will | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 23 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Act of a person incapable of judgment by reason of intoxication caused against his will.— 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.
Procedural Details
Punishment
Depends on original offence
Nature of Offense
Depends on original offence
Bail Eligibility
Depends on original offence
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Depends on original offence
Frequently Asked Questions about BNS Section 23
What is Section 23 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Act of a person incapable of judgment by reason of intoxication caused against his will.— 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.
What is the punishment under BNS Section23 ?
The punishment for this specific offense is outlined under the new law as: Depends on original offence
Is BNS Section 23 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Depends on original offenceoffense.
Is BNS Section 23 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Which court has the jurisdiction to try cases under BNS Section 23 ?
Cases pertaining to this specific BNS section are triable by the Depends on original offence.
Can BNS Section 23 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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