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Section 24: Offence Requiring Particular Intent Committed by Intoxicated Person

Bharatiya Nyaya Sanhita • Chapter III: General Exceptions • Official Statutory Text & Legal Guide

Chapter III: General Exceptions
Trial Court
Complete Defence
Non-Applicable
Formerly Sec 86 IPC
Section 23 All 358 Sections of Bharatiya Nyaya Sanhita Section 25

Legal Commentary & Landmark Judgments: Section 24

Section 24 regulates offences requiring a particular intent or knowledge committed by an intoxicated person, establishing that 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 intoxicant was administered involuntarily.

  • Presumption of Knowledge: The law attributes constructive knowledge to a voluntary drunkard: they are presumed to know the natural consequences of their actions.
  • Distinct Treatment of 'Intent': Crucial legal distinction: while KNOWLEDGE is presumed, specific INTENT is NOT automatically presumed; the court must determine if drunkenness was so extreme as to paralyze the capacity to form intent.
  • Mitigation from Murder to Culpable Homicide: Extreme voluntary drunkenness may negate the specific intent to murder, reducing the conviction to culpable homicide under Section 105 BNS.
Key Landmark Precedents:
  • Basdev v. State of Pepsu (AIR 1956 SC 488): The Supreme Court established the definitive rule: voluntary drunkenness does not excuse crime; the court must distinguish between a man who has lost his inhibitions (fully guilty) and a man who is so intoxicated that he cannot form specific intent.
  • Paul v. State of Kerala (2020) 3 SCC 115: Reaffirmed that self-induced intoxication is no defense to criminal liability, though it may be evaluated when determining sentencing or premeditation.
Courtroom Practice & Strategic Litigation Guidance:

In defending a client who struck someone during severe intoxication, argue that while Section 24 BNS attributes knowledge, the accused was utterly incapable of forming the premeditated intent required for Section 103 (murder), seeking a reduction to Section 105 BNS.

Section 23 All 358 Sections of Bharatiya Nyaya Sanhita Section 25