BNS Section 24: Act of a person incapable of judgment by reason of intoxication caused against his will.

Amit Kapoor04 mins

Offence requiring a particular intent or knowledge committed by one who is intoxicated

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 Points for BNS-24 (Offence Requiring Specific Intent or Knowledge)

BNS-24 deals with crimes that require the offender to have specific intent or knowledge when committing the act, especially in cases involving intoxication. This section establishes the legal consequences for crimes committed under the influence of alcohol or drugs.

1. Offence Requiring Specific Intent or Knowledge

  • Some crimes require the offender to have a specific intent or knowledge when committing the act. This provision applies to such offenses, ensuring that the individual must have the necessary mental state (intent or awareness) to be found guilty.

2. Intoxication and Legal Responsibility

  • If a person commits an offense while intoxicated, they are still held legally responsible for the act, as if they had full knowledge and intent. Intoxication (due to alcohol or drugs) does not excuse or lessen their criminal responsibility.

3. Exception – Intoxication Administered Without Consent

  • The law provides an important exception: if the person is involuntarily intoxicated, meaning they were intoxicated without their knowledge or against their will (e.g., being drugged), they are not held to the same level of intent or knowledge as someone who voluntarily consumed intoxicants.

4. Legal Consequences

  • If the intoxication was voluntary, the law assumes that the person had the same level of intent or awareness as if they were sober. This means they cannot use intoxication as a defense for lacking intent or understanding the nature of their actions.
  • In cases of voluntary intoxication, the person is treated as if they were fully aware of what they were doing.

Conclusion

BNS-24 ensures that individuals are held accountable for their actions committed under voluntary intoxication as if they had full awareness of the consequences. However, if the intoxication was involuntary, such as being drugged, the individual is not held to the same standard of intent or knowledge for the crime.

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