Section 24 of the Bharatiya Nyaya Sanhita 2023 Holds Individuals Accountable for Offenses Requiring Intent or Knowledge Committed While Intoxicated

In the beginning

The Indian Penal Code (IPC) was replaced by the Bharatiya Nyaya Sanhita (BNS), 2023, which went into effect on July 1, 2024. The BNS replaces the IPC and provides revised legislation to handle different issues of criminal law in India. The provisions of Sections 23 and 24 clearly address the role that alcohol plays in assessing criminal responsibility. These clauses are included in the document.

The defense of involuntary intoxication is discussed in Section 23.

In accordance with the provisions of Section 23 of the BNS, a person may not be held criminally accountable for an act that they do while under the influence of an intoxicant if the intoxicant was supplied to them without their agreement or without their knowledge. This section acknowledges that a person’s ability to comprehend the nature of their conduct or the wrongfulness of those actions can be hindered when they are intoxicated against their will.

Take, for example, the situation in which a person is accidentally handed a beverage that has been laced with a powerful intoxicant. While under the influence of alcohol or drugs, they engage in behavior that would normally be considered illegal, such as causing damage to property. Section 23 may be used as a defense to criminal charges if it can be demonstrated that the individual was not aware that they were ingesting the intoxicant and that they were unable to comprehend their acts as a result of the intoxication.

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Criminal Responsibility and Voluntary Intoxication is the Subject of Section 24.

On the other hand, Section 24 handles cases in which an individual freely drinks an intoxicant and then commits an act that requires specific intent or knowledge in order to be constituted a criminal act. According to this provision, the individual is treated as if they had the same information or intent as they would have had if they were sober, unless the intoxicant was supplied without their knowledge or against their choice.

Imagine a person who voluntarily takes alcohol and then commits an act of theft, which requires intent. This individual would be considered to have intention. Despite the fact that they were under the influence of alcohol, it is considered that they had the essential intent to conduct the crime because they were the ones who brought about their own intoxication.

Legal Principles and Things to Take Into Account

In the context of criminal law, these laws highlight the significance of intent, sometimes known as mens rea. In spite of the fact that involuntary intoxication might be used to disprove the existence of intent, voluntary drunkenness does not justify illegal activity. The purpose of the law is to strike a balance between individual accountability and fairness. Its purpose is to ensure that those who are involuntarily impaired are not subjected to harsh punishments, while those who choose to intoxicate themselves continue to be accountable for their acts.

A nuanced approach to intoxication and criminal culpability is provided under Sections 23 and 24 of the Bharatiya Nyaya Sanhita, which was enacted in 2023. The law strives to uphold justice by taking into consideration the individual’s state of mind while upholding the premise that self-induced impairment does not absolve one of guilt. This is accomplished by distinguishing between involuntary and voluntary intoxication.