BNS Section 24 — Offence requiring a particular intent or knowledge committed by one who is intoxicated

Summary

In cases where a particular act is only considered an offence if it is done with a specific kind of knowledge or intent, a person who does that act while intoxicated will be treated as if they had the same knowledge they would have had if they were not intoxicated. This means the law will assume they knew what they were doing, even if they were drunk or under the influence of something else.

However, this rule does not apply if the substance that caused the intoxication was given to the person without their knowledge or against their will. In such a situation, the person will not be presumed to have that same knowledge.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §86 — Offence requiring a particular intent or knowledge committed by one who is intoxicated