A chronic alcoholic develops delirium tremens after abruptly stopping alcohol and commits theft during the state of confusion and hallucinations. Under the Bharatiya Nyaya Sanhita (BNS) 2023, what is his criminal liability?
- A Exempt under Section 22, because delirium tremens constitutes unsoundness of mind
- B Liable, as the unsoundness of mind was caused by voluntary intoxication ✓
- C Exempt under Section 23, because the intoxication was involuntary
- D Liable only if he had the specific intent to steal before stopping alcohol
Correct answer: B. Liable, as the unsoundness of mind was caused by voluntary intoxication
Explanation
Although delirium tremens is a genuine state of unsoundness of mind, it was caused by voluntary alcohol consumption. Under BNS 24, voluntary intoxication is not a defence unless the substance was administered without the person's knowledge. Because the accused chose to drink alcohol voluntarily, Section 22 does not exempt him. Option A is the tempting distractor, but the voluntary origin of the psychosis defeats the BNS 22 defence.
Reference: The Essentials of Forensic Medicine and Toxicology, 35th ed.
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