Section 24 of the Bharatiya Nyaya Sanhita (BNS), 2023

07 Jun 2025 --
0 Comments

Section 24 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal implications of committing an offence that requires a specific intent or knowledge while in a state of intoxication

Text of Section 24

"In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will."

Key Provisions

Liability in Intoxication: If an individual commits an offence that necessitates a specific intent or knowledge while intoxicated, they are treated as if they possessed the required intent or knowledge, unless the intoxication was involuntary.

Involuntary Intoxication Exception: The exception applies if the intoxicating substance was administered without the individual's knowledge or against their will.

Corresponding Provision in Indian Penal Code (IPC)

This provision corresponds to Section 86 of the Indian Penal Code, 1860, which similarly addresses the liability of individuals committing offences requiring specific intent or knowledge while intoxicated

Legal Implications

Intent and Knowledge: The section underscores the importance of intent and knowledge in determining criminal liability.

Public Policy Considerations: It reflects a policy choice to hold individuals accountable for offences committed under the influence, emphasizing personal responsibility.

Judicial Discretion: Courts retain discretion to consider the circumstances of intoxication, including whether it was voluntary or involuntary, in determining liability.