BNS Section 24 - Offence Requiring A Particular Intent Or Knowledge Committed By One Who Is Intoxicated

Bharatiya Nyaya Sanhita (BNS) is an India-wide criminal code that has been enacted recently, and it addresses the thorny issue of whether a person who commits an offense requiring a specific mental state (i.e., particular knowledge or intent) while under intoxication will have criminal liability. The BNS framework is a basic principle in section 24, that in these circumstances, intoxication is no defense, and the intoxicated person is liable as though they had the same knowledge or intent (if sober).

However, there is a substantial exception whereby intoxication was involuntary. In effect, BNS Section 24 states how to treat the intoxication defense when a specific mental element is required for an offense. This explanation aims to find a balance between responsibility for actions and the understanding of a state of intoxication that was not chosen consciously by the person. BNS Section 24 is the direct successor and equivalent of Indian Penal Code (IPC) Section 86, thus ensuring the uninterrupted continuity of this principle of law in India.

In this article, you will get to know about

• Simplified Explanation of BNS Section 24.
• Key Details.
• Practical Examples.

Legal Provision

Section 24 of the BNS ‘Offence requiring a particular intent or knowledge committed by one who is intoxicated’ states:

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.

Simplified Explanation

BNS Section 24 is concerned with situations where a person did conduct an act that is only an offence if the offence was done with intent or knowledge, while that person was intoxicated. The provision states that where a person conducts such an act while intoxicated, the law shall assume that that person had the same intent or knowledge as that person when sober.

However, there is an important exception where the person did not become intoxicated intentionally or voluntarily (for example, the person was drugged or otherwise tricked into consuming drugs or alcohol). If a person became intoxicated without his/her knowledge, the person must be treated under the law as a person who did not intend to consume alcohol or drugs or was incapacitated, and therefore could be incapable of forming intent or knowledge.

Essentially, this section prohibits a person from using the fact of intoxication as an excuse or solely as a defence to a crime other than an offence requiring intent or knowledge.

Key Details

Practical Examples Illustrating BNS Section 24

A few examples are:

Example 1 (Voluntary Intoxication - Theft)

Ramesh voluntarily drinks an excessive amount of alcohol and enters his neighbor's house, and takes a valuable watch, thinking that the watch belongs to him because of his drunken state. Theft requires "dishonest intention." Under BNS Section 24, since Ramesh voluntarily drank alcohol, he is likely guilty of theft as if he knew the watch belonged to the neighbor, even if he had been drinking, and, therefore, made a mistake. Because Ramesh was drunk and thought that the watch was his own, it is likely that he has not negated the requisite dishonest intention.

Example 2 (Voluntary Intoxication - Murder)

Priya, while voluntarily intoxicated, gets into a fight with her husband and ends up stabbing him, resulting in his death. Murder requires the intention to cause death or knowledge that death is likely to occur. Assuming Priya was so intoxicated that she didn’t know what she was doing, under BNS Section 24, she will probably be treated as if she had the same intention or knowledge as if sober. Thus, her intoxication is unlikely to release her from the mental element of murder.

Key Improvements And Changes: IPC Section 86 To BNS Section 24

There is no real difference in the wording or the fundamental principle of law between IPC Section 86 and BNS Section 24. Only the section number has changed as a result of the new legislative scheme contained in the Bharatiya Nyaya Sanhita. So, instead of talking about "changes and enhancements," it is appropriate to say that BNS Section 24 is only a continuation and renumbered version of the existing IPC Section 86. This continuity means the already established legal principle concerning intoxication on culpability for offenses that have a corresponding culpable mental state will continue to exist in the new criminal code.

Conclusion

BNS Section 24, which parallels IPC Section 86, sets out a key principle about culpability in the context of intoxication in those offenses which require some knowledge or intent on the part of the accused. That is to say, the BNS Section 24 provides that voluntary intoxication usually does not relieve someone of the requisite mental element necessary to commit the crime; in their case, the person was treated as intoxicated, and had the sufficient knowledge required for that crime. However, it does provide an important exception where involuntary intoxication was involved, and the person was not aware of, or had voluntarily had an intoxicating substance placed into their body.

At that point, regardless of whether a rational weight can be placed on the intoxication, the actual state of mind of the intoxicated person would have to be considered by the court. This provision looks for a point of equilibrium in striking the balance between making someone accountable for their actions, while acknowledging that one's culpability may be less because the primitive state of intoxication was not a factor of choice. The language and express attention by the BNS to "intoxication" reiterates the weight and relevance of this principle in Indian criminal law.

FAQs

A few FAQs are:

Q1. Why was IPC Section 86 revised and replaced with BNS Section 24?

IPC Section 86 wasn't substantively revised. The enactment of the Bharatiya Nyaya Sanhita (BNS) is a comprehensive overhaul of India's criminal laws, replacing the IPC. As part of this process, all existing provisions of the IPC have been re-codified and renumbered within the BNS. BNS Section 24 is simply the new designation for the same legal principle previously articulated in IPC Section 86.

Q2. What are the main differences between IPC Section 86 and BNS Section 24?

The primary difference is the change in section number. The language and the core legal principle regarding criminal liability for offenses requiring specific intent or knowledge committed under intoxication remain identical in both IPC Section 86 and BNS Section 24.

Q3. Is BNS Section 24 a bailable or non-bailable offense?

BNS Section 24 itself does not define an offense. It is a rule of law that determines how intoxication affects liability for offenses defined elsewhere in the BNS. The bailability of an offense depends on the specific offense committed and the provisions related to bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new code replacing the Code of Criminal Procedure.

Q4. What is the punishment for offense under BNS Section 24?

BNS Section 24 does not prescribe a punishment. The punishment for an offense committed by an intoxicated person is determined by the specific offense committed as defined in other sections of the BNS, taking into account the principles laid down in Section 24 regarding the impact of intoxication on the required mental state.

Q5. What is the fine imposed under BNS Section 24?

Similar to punishment, BNS Section 24 does not impose a fine. Any fine would be associated with the specific offense committed under other sections of the BNS, considering the application of Section 24 regarding the role of intoxication.

Q6. Is the offense under BNS Section 24 cognizable or non-cognizable?

BNS Section 24 does not define an offense. The classification of an offense as cognizable (where the police can arrest without a warrant) or non-cognizable (where a warrant is generally required for arrest) depends on the nature of the specific offense committed, as defined under the BNS and the Bharatiya Nagarik Suraksha Sanhita (BNSS). The principles of Section 24 will be applied when determining liability for that offense.

Q7. What is the BNS Section 24 equivalent of IPC Section 86?

BNS Section 24 is the direct and exact equivalent of IPC Section 86. They contain the same wording and establish the same legal principle regarding criminal liability for offenses requiring specific intent or knowledge committed under intoxication. The only change is the section number within the new Bharatiya Nyaya Sanhita.