BNS Section 24: Offence Requiring a Particular Intent or Knowledge Committed by One Who Is Intoxicated
Section 24 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It relates to criminal intent in certain cases as an important matter to ascertain. It says that whenever an act is not a crime unless done with knowledge or intent of certain kind or things, it makes all the difference whether a particular act was done by an individual who, at the time when he did, was unconscious by reason of want of the use of his understanding by reason of intoxication, and this shall be deemed insufficient to show he did not know or, did not believe or that he was not aware, that he was doing something which he did know, or did believe, or was aware he was likely to do.
This reflects a subtle understanding of criminal responsibility, which is that voluntary intoxication does not exculpate people from liability for acts requiring intent. The law makes such a distinction between voluntary and involuntary intoxication to achieve justice while taking into account the human behaviour complexities that are involved in substance use cases. This provision keeps the individual liable for their actions but promotes responsible conduct about the intake of intoxicating substances.
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 Section 24 (Bharatiya Nyaya Sanhita, 2023)
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.
Key Points of BNS 24
Differences Between Section 24 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 24 of the Bharatiya Nyay Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 86), focusing on their distinct approaches.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 24 | Offence requiring a particular intent or knowledge committed by one who is intoxicated. | 86 | No change. |
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FAQs about Section 24 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 24?
Section 24 of the BNS addresses offences that require a specific intent or knowledge, particularly when committed by an individual who is intoxicated.
Which chapter does Section 24 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 24 is part of CHAPTER III, titled GENERAL EXCEPTIONS, in the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 24 impact the prosecution of intoxicated individuals?
This section emphasises that if an offence necessitates particular intent or knowledge, a person who is intoxicated may not meet these criteria, which could affect their culpability in legal proceedings.
What criteria are used to assess intent in cases involving intoxication under Section 24?
The assessment focuses on the individual's level of intoxication and whether it impaired their ability to form the necessary intent or knowledge required for the offence.
Does Chapter III include other provisions related to intoxication?
Yes, Chapter III may contain additional provisions that discuss various aspects of intoxication, including its implications for both voluntary and involuntary intoxication in terms of criminal responsibility.
Can a person be held fully responsible for an offence under Section 24 of the BNS if they were intoxicated?
Yes, under Section 24, even if a person was intoxicated, they can still be held fully responsible for the offence if it required a particular intent or knowledge, and they were capable of forming that intent or knowledge while intoxicated.
How does Section 24 impact defences based on intoxication?
Section 24 limits the defence of intoxication by stating that if an offence requires a specific intent or knowledge, the intoxicated individual can still be found guilty if they were capable of fulfilling that requirement, regardless of their intoxicated state.
