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

Bharatiya Nyaya Sanhita, 2023

Section 24 BNS at a Glance

Section 24 BNS deals with offence requiring a particular intent or knowledge committed by one who is intoxicated. It replaced Section 86 IPC on 1 July 2024.

Punishment

None. Section 24 BNS creates no offence.

IPC Equivalent

Section 86 →

Section 24 BNS Bare Act Text

24. Offence requiring a particular intent or knowledge committed by one who is intoxicated

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.

Source: Section 24, Bharatiya Nyaya Sanhita, 2023

Section 24 BNS in Simple Words

Section 24 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who commits an offence while intoxicated. The law says that if an act 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 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 to him without his knowledge or against his will. In simple terms, a person cannot escape liability just by saying he was drunk when he did the act.

This section applies where the offence depends on mental state, such as particular knowledge or intent. The court treats a voluntarily intoxicated person as having the knowledge he would have had if sober, and considers whether the intoxication was voluntary. It matters in practice because many accused persons try to use drunkenness as a defence.

Section 24 BNS limits that defence and keeps the focus on the nature of the act and the knowledge the accused would have had if sober.

Ingredients of Section 24 BNS

  • The act is not an offence unless done with a particular knowledge or intent
  • The person does the act in a state of intoxication
  • The thing which intoxicated him was not administered to him without his knowledge or against his will

Punishment Under Section 24 BNS

Imprisonment

None. Section 24 BNS creates no offence.

Fine

None.

Section 24 BNS is a rule on how a voluntarily intoxicated person is dealt with. It has no entry in the First Schedule to the BNSS.

Example of Section 24 BNS

In Ludhiana, Gurpreet drinks heavily by choice and, while drunk, strikes a man on the head with an iron rod. The offence charged is one that needs knowledge that the blow is likely to cause death. Under Section 24 BNS he is dealt with as if he had the knowledge he would have had if he had been sober.

When Section 24 BNS Does Not Apply

  • The thing which intoxicated him was administered to him without his knowledge or against his will, where Section 23 BNS applies instead
  • The person is not intoxicated when he does the act
  • The act is an offence whatever knowledge or intent is present

Section 24 BNS in the IPC (Previous Law)

Section 24 BNS replaces Section 86 IPC from the old criminal code.

Section 24 BNS keeps the rule in the same words.

View IPC Section 86 →

FAQs on Section 24 BNS

Under Section 24 BNS, can drunkenness be used as a defence in a criminal case?▼

Not in the ordinary sense. If the offence needs intention or knowledge, voluntary intoxication usually does not excuse the act. The law treats the person as having the same knowledge he would have had if sober.

Under Section 24 BNS, what if a person was intoxicated without knowing it?▼

That can make a difference. If intoxication was without the person’s knowledge or against his will, Section 24 BNS does not impute sober knowledge to him, and Section 23 BNS protects involuntary intoxication. The facts must be proved carefully.

Does Section 24 BNS itself provide jail or fine?▼

No. It does not create a separate offence or punishment. It only tells the court how to treat knowledge and intent when the accused was intoxicated.

Is Section 24 BNS still valid after the new criminal law came into force?▼

Yes. Section 24 BNS is the provision in force under the Bharatiya Nyaya Sanhita (BNS), 2023, and sets out the governing rule on voluntary intoxication for current cases.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·