Introduction of BNS Section 24
BNS Section 24, and its counterpart in the Indian Penal Code (IPC) Section 86, the law clarifies how a person’s state of intoxication affects criminal responsibility. In simple terms, if someone commits a crime while drunk or intoxicated, the law generally treats them as if they were sober — unless the intoxication was caused without their knowledge or against their will. This article provides a detailed comparison between BNS Section 24 and IPC Section 86, highlighting key similarities, differences, and their practical impact on criminal trials in India.
The Bharatiya Nyaya Sanhita (BNS) Section 24 replaces the old Indian Penal Code (IPC) Section 86.
What is BNS Section 24?
BNS Section 24 says that if a person commits an act needing special intent or knowledge while intoxicated, they are judged as if they were sober. If they were made intoxicated without their consent, this rule doesn’t apply.
Section 24 BNS in Simple Points
“When an act requires a particular intent or knowledge and is committed by a person who is intoxicated, he shall be judged as if he was not intoxicated, unless the intoxication was caused against his will or without his knowledge.”
(This corresponds to IPC Section 86, updated under BNS Section 24, 2023.)
1. Meaning of Section 24
BNS Section 24 deals with crimes that require special intent or knowledge (for example, planning a theft, cheating, or committing fraud).
If a person commits such a crime while drunk or under the influence of drugs, the law will treat them as if they were sober. This means intoxication is not an excuse to escape liability.
However, if the person was made intoxicated without their consent or knowledge, the rule does not apply, and they get protection.
2. Purpose of Section 24
- To prevent offenders from using intoxication as an excuse.
- To ensure that people are held accountable if they intentionally commit crimes, even while drunk.
- To protect fairness, by excusing only those who were intoxicated against their will.
3. Essential Ingredients of Section 24
For this section to apply, the following conditions must be checked:
- Special Intent or Knowledge Required – The crime must be one that needs specific intention, not just a general act.
- State of Intoxication – The accused was under the influence of alcohol or drugs at the time of the crime.
- Voluntary or Involuntary –
- If intoxication was voluntary, the person is judged as sober.
- If intoxication was forced or without knowledge, the person may get protection.
- Judicial Scrutiny – Courts will carefully check if the accused had the necessary mental intent despite intoxication.
4. Punishment under BNS Section 24
- If the person had intent or knowledge → Punishment is the same as if they were sober.
- If the person was intoxicated without consent → No criminal liability.
- Bail and trial depend on the nature of the crime itself, not on intoxication.
5. Examples of BNS Section 24 in Action
- Example 1 – Theft while Drunk (Voluntary): A person drinks voluntarily and then steals a phone. Since theft requires intent, and the law treats them as sober, they are held guilty.
- Example 2 – Fraud while High (Voluntary): A businessman, after drinking, cheats clients. He is judged as sober and punished for fraud.
- Example 3 – Forced Intoxication: Someone’s drink is secretly spiked, and in that state, they damage property. Since intoxication was without consent, they are not punished.
6. Importance of BNS Section 24
- It ensures that voluntary intoxication cannot be used as a defence.
- It distinguishes between voluntary and involuntary intoxication.
- It updates IPC Section 86 with clearer language under the BNS.
- It balances justice and fairness—punishing real offenders while protecting those intoxicated against their will.
BNS 24 Explanation
BNS Section 22 – 10 Key Points
1. Special Intent Required
Some crimes need a special mental state, like a clear plan or knowledge. Section 22 is used in such crimes. If a person was drunk but still had that plan or knowledge, they will be punished.
2. Sober Treatment
If someone drinks alcohol or takes drugs by choice and commits a crime, the law will treat them as if they were fully sober. They cannot say, “I was drunk, I didn’t know what I was doing.”
3. Unconsented Intoxication
If a person was made drunk or high without their knowledge (for example, someone mixed drugs in their drink), then the law gives them protection. They are not judged the same way as someone who drank by choice.
4. Knowledge Assumed
Normally, the law assumes that even a drunk person knew what they were doing. Choosing to drink means accepting the risk. So, if they hurt someone, the court will assume they knew it.
5. Still Responsible
Even under intoxication, a person is still responsible if it is proved they had the required plan or awareness. For example, if someone planned to kill while drunk, intoxication will not save them.
6. Focus on Intent
The main question for the court is: “Did the person really have intention or knowledge?” If yes, then being drunk does not matter. The focus is always on intent.
7. Forced Intoxication
If someone was forced or tricked into drinking or using drugs, the law protects them. They are not blamed in the same way, because it was not their choice to get intoxicated.
8. Fair Judgment
The law wants to be fair. Courts check carefully if the person really understood what they were doing. Genuine offenders are punished, but victims of forced intoxication are protected.
9. Not for All Crimes
This rule does not apply to every crime. It applies only to crimes that require intention or knowledge. For crimes where intention does not matter (like traffic offences), intoxication cannot be used as a defense.
10. Legal Fairness
Section 22 keeps a balance:
- Voluntary drinking → you are treated as sober.
- Forced drinking → you get protection.
This makes sure that people cannot misuse intoxication as an excuse, and at the same time protects innocent people.
Comparison: BNS Section 24 vs IPC Section 86
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 24 | Applies where an offence requires a particular intent or knowledge. If committed while intoxicated, the person is judged as if sober — unless the intoxication was caused without their knowledge or against their will. | Punished as if sober when the required intent or knowledge is proven. No exemption if intoxication was voluntary; exemption only if intoxication was involuntary. | Depends on the underlying offence (section itself is exculpatory/clarificatory) | Cognizability governed by the substantive offence; intoxication defence does not change that | Ordinary criminal courts; judge assesses intent with evidence and, where relevant, expert reports |
| IPC Section 86 (Old) | Historic rule: when a crime needs particular intent or knowledge, voluntary intoxication was no defence — the actor is treated as having the requisite intent; involuntary intoxication could excuse liability. | Traditionally persons were held liable as if sober for intent crimes committed while voluntarily intoxicated; those drugged or intoxicated without consent could claim exemption. | Dependent on the specific IPC offence involved | Cognizability remains determined by the main offence; intoxication is a defence question | Criminal courts applied the rule after examining facts, intent and any medical evidence |
BNS Section 24 FAQs
What does BNS Section 24 deal with?
It deals with cases where someone commits a crime needing special intent while intoxicated. They are judged as if sober, unless intoxicated without consent.
How is someone judged if they were drunk?
They are judged as if sober if the crime needed special intent or knowledge, unless they were made intoxicated without their consent.
What if someone was made drunk against their will?
If they were made intoxicated without their knowledge or consent, this section doesn’t apply, and they are not judged as if sober.
Can a drunk person be held responsible?
Yes, if the crime needs specific intent or knowledge, and they had that while intoxicated, they are held responsible.
Does this section apply to every crime?
No, it only applies to crimes that need special intent or knowledge.
Conclusion
Both BNS Section 24 and IPC Section 86 reinforce the principle that voluntary intoxication is not a valid defence in criminal law. The law ensures that individuals cannot escape liability by claiming they were drunk at the time of the offence. However, if the intoxication was involuntary, the courts may consider it as a defence. With the introduction of Bharatiya Nyaya Sanhita (2023), the provision has been modernized but the essence remains the same — protecting society while ensuring fairness to the accused. In conclusion, understanding the difference between BNS Section 24 and IPC Section 86 helps legal professionals, students, and citizens clearly grasp how Indian criminal law treats offences committed under intoxication.
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Finished with BNS Section 24 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 25 : Act not intended and not known to be likely to cause death or grievous hurt, done by consent
https://marriagesolution.in/bns_section/bns-25/ - BNS Section 26 : Act not intended to cause death, done by consent in good faith for person’s benefit
https://marriagesolution.in/bns_section/bns-26/ - BNS Section 27 : Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian
https://marriagesolution.in/bns_section/bns-27/ - BNS Section 28 : Consent known to be given under fear or misconception
https://marriagesolution.in/bns_section/bns-28/ - BNS Section 29 : Exclusion of acts which are offences independently of harm caused
https://marriagesolution.in/bns_section/bns-29/ - BNS Section 30 : Act done in good faith for benefit of a person without consent
https://marriagesolution.in/bns_section/bns-30/
- Full BNSS Section List: https://marriagesolution.in/bnss_section-list
- Full IPC Section List: https://marriagesolution.in/ipc-section-list
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