Section 24 of the Bharatiya Nyaya Sanhita (BNS) states that if a person commits an offense while intoxicated, they will be held responsible as if they had the required knowledge or intent, unless the intoxication was involuntary (i.e., against their will or without their knowledge).
Key Provisions:
Criminal Liability Despite Intoxication
If an offense requires specific knowledge or intent, a person cannot use voluntary intoxication as a defense.
The law assumes that the person had the same level of knowledge and intent as they would have had if they were sober.
Exception for Involuntary Intoxication
If a person was intoxicated without their consent or knowledge, they may not be held criminally liable if they were incapable of understanding their actions.
This means that only involuntary intoxication is a valid defense.
Burden of Proof
The accused must prove that they were intoxicated against their will.
Otherwise, they will be held responsible for their actions as if they were sober.
How It Protects:
Prevents criminals from using intoxication as an excuse to escape liability.
Ensures accountability by treating voluntarily intoxicated persons as fully responsible.
Provides protection for those who were drugged unknowingly.
Example:
A person voluntarily drinks alcohol, gets into an argument, and commits assault → They will be held liable as if they were sober.
A person’s drink is spiked without their knowledge, and they commit an offense while intoxicated → They may not be held liable if they were incapable of understanding their actions.
