BNS Section 24: Offence Requiring a Particular Intent or Knowledge Committed by One Who Is Intoxicated

Definition of BNS 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.

Explanation and Illustration of BNS Section 24

This declaration makes a provision stating that if the act is not considered an offence unless done with a particular knowledge or intent, then a person who does the said act while intoxicated can be held liable as if they had the required knowledge. The intoxication has to be voluntary.

Under this section, one will always be liable for his actions irrespective of whether intoxicated or not so long as he has volunteered to take such intoxicating substances. This section addresses the principle that voluntary intoxication does not remove the ability to form intent or knowledge required by some crimes.

Example:
Suppose that an intoxicated person, while in such a condition, intentionally damages property belonging to another. Because the crime requires specific intent, the intoxicated person may be convicted as if she had the necessary intent since she drank or otherwise voluntarily ingested the alcohol or drugs.

However, section 24 would not operate in the same way, for instance, if the person who caused damage to some other's property was intoxicated, without his knowledge that he was being drugged at a party. Under such circumstances, since his intoxication was involuntary, there would be no liability attributed to the offence committed under the influence of intoxicating substances because he could neither know nor intend to act.

This provision thus reflects the commitment of the legal system to accountability, but at the same time, it recognizes the issues surrounding intoxication and fair treatment in court.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.