Section 24 BNS: Offence Requiring Particular Intent or Knowledge Committed by an Intoxicated Person

Section 24 of the Bharatiya Nyaya Sanhita, 2023 deals with criminal liability where an act becomes an offence only when it is accompanied by particular knowledge or intent and the person acted while intoxicated. The provision generally prevents a person from relying on intoxication to avoid the knowledge that the person would have possessed when sober, subject to the statutory exception for intoxication administered without the person's knowledge or against the person's will.

Text of Section 24 of the Bharatiya Nyaya Sanhita, 2023

What Section 24 BNS Means

Section 24 addresses the effect of intoxication on the mental element required for an offence. Where the law requires particular knowledge or intent, the section directs that an intoxicated person is to be treated, for the purpose of knowledge, as having the knowledge that the person would have had if not intoxicated. The statutory exception applies where the intoxicating substance was administered without the person's knowledge or against the person's will.

In practical terms, voluntary intoxication does not by itself erase the legal consequences of the knowledge that would ordinarily accompany the act. Whether the required intent or other mental element is proved in a particular prosecution remains dependent on the wording of the charged offence and the evidence before the court.

Key Elements of Section 24 BNS

• The underlying offence must require a particular knowledge or intent.
• The accused must have done the relevant act while in a state of intoxication.
• For knowledge, the law treats the intoxicated person as having the knowledge the person would have possessed if sober.
• The statutory exception concerns intoxication caused by something administered without the person's knowledge or against the person's will.
• The provision must be read with the ingredients of the specific offence alleged in the case.

Voluntary and Involuntary Intoxication

Voluntary intoxication

Section 24 does not create a general defence merely because a person voluntarily consumed alcohol or another intoxicating substance. Its express rule attributes the knowledge that the person would have had if not intoxicated.

Intoxication without knowledge or against the person's will

The closing words of Section 24 create the statutory exception where the substance causing intoxication was administered without the person's knowledge or against the person's will. This language should also be read with Section 23 BNS, which separately deals with an act of a person incapable of judgment because of intoxication caused against that person's will.

Section 23 and Section 24 BNS: Difference

Section 23 BNS is framed as a general exception where involuntary intoxication makes a person incapable of knowing the nature of the act or that the act is wrong or contrary to law. Section 24 specifically addresses offences that depend on particular knowledge or intent and states how intoxication affects that mental element.

Corresponding Provision under the Indian Penal Code

Section 24 BNS corresponds to Section 86 of the Indian Penal Code, 1860. The statutory language is substantially carried forward into the BNS. For acts committed after the commencement of the BNS, the applicable provision is Section 24 BNS, subject to the general rules governing commencement, repeal and savings.

Related BNS Provisions

Section 24 forms part of the general exceptions provisions. Nearby provisions include Section 22 - act of a person of unsound mind, Section 23 - involuntary intoxication, and Section 25 - act done by consent without intent or knowledge likely to cause death or grievous hurt.

Legal Takeaway

This page is a general explanation of the statutory provision. For a specific criminal case, the exact charge, date of the alleged act, evidence and applicable procedural law should be examined.