Section 24 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 24 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal implications of committing an offence that requires a particular intent or knowledge while in a state of intoxication. This provision is part of Chapter III, "General Exceptions," which outlines circumstances under which certain acts may not constitute offences.
Text of Section 24
In cases where an act is not an offence unless done with a particular knowledge or intent, a person who commits the act while intoxicated shall be treated as if they possessed the same knowledge or intent as if they were not intoxicated. This is unless the substance causing the intoxication was administered without their knowledge or against their will.
Comparison with Indian Penal Code (IPC)
Section 24 of the BNS corresponds to Section 86 of the Indian Penal Code, 1860. Both sections establish that voluntary intoxication does not excuse an individual from criminal liability for offences requiring specific intent or knowledge. However, if the intoxication was involuntary, the individual may not be held liable.
Legal Implications
This provision ensures that individuals cannot evade responsibility for crimes requiring specific intent or knowledge by claiming intoxication as a defense, unless the intoxication was involuntary. It underscores the principle that voluntary intoxication does not absolve a person from criminal liability for offences that necessitate particular mental states.
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