Section 86 IPC and Section 24 BNS: Intoxication, Intent and Knowledge
Section 86 of the Indian Penal Code, 1860 explains how intoxication affects criminal responsibility where an offence requires particular knowledge or intent. Its corresponding provision is Section 24 of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 86 of the Indian Penal Code, 1860
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.
This is the original statutory rule concerning an offence requiring particular intent or knowledge committed by a person who is intoxicated.
Section 24 of the Bharatiya Nyaya Sanhita, 2023
Section 24 BNS, headed Offence requiring a particular intent or knowledge committed by one who is intoxicated, carries forward the substance of Section 86 IPC. It provides that a person acting while intoxicated is treated as having the knowledge that the person would have had when sober, unless the intoxicating substance was administered without the person's knowledge or against the person's will.
Read the official statute: Bharatiya Nyaya Sanhita, 2023 (India Code, PDF).
Meaning and legal effect of Section 86 IPC and Section 24 BNS
1. Voluntary intoxication generally does not remove criminal knowledge
When a person voluntarily consumes alcohol or another intoxicant, the law ordinarily attributes to that person the knowledge they would have possessed if sober. Intoxication alone is therefore not a complete defence to criminal liability.
2. Knowledge and intention are distinct
Knowledge refers to awareness of relevant facts or likely consequences. Intention concerns the purpose or conscious objective with which an act is performed. Section 24 expressly attributes the knowledge that a sober person would have had; it does not automatically deem every intoxicated person to have formed a particular intention. Intention must be assessed from the evidence and surrounding circumstances.
3. Intoxication without knowledge or against the person's will
The statutory qualification applies where the intoxicant was administered without the person's knowledge or against their will. Such cases must be examined alongside Section 23 BNS (formerly Section 85 IPC), which addresses a person rendered incapable of knowing the nature or wrongfulness of the act because of involuntary intoxication.
Conditions relevant to applying the provision
- The alleged offence requires proof of particular knowledge or intention.
- The accused performed the relevant act while intoxicated.
- The court examines what knowledge the accused would have had if sober.
- Any claim that intoxication was involuntary must be supported by the facts and evidence.
- Where particular intention is an ingredient, the prosecution must establish it in accordance with criminal-law principles.
Difference between Section 23 and Section 24 BNS
Section 23 BNS (formerly Section 85 IPC): Provides a general exception where involuntary intoxication causes the specified incapacity to understand the nature or wrongfulness of the act.
Section 24 BNS (formerly Section 86 IPC): Addresses offences requiring particular knowledge or intent and specifies the treatment of knowledge when a person acts in a state of intoxication.
Burden of proof and evidence
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving circumstances bringing an accused within a general exception ordinarily lies on the accused. This does not displace the prosecution's fundamental obligation to prove the ingredients of the offence beyond reasonable doubt.
Relevant evidence may include medical records, toxicology results, witness testimony, circumstances of consumption, conduct before and after the event, and other reliable material. Read the Bharatiya Sakshya Adhiniyam, 2023 (official PDF).
Illustrative example
A person voluntarily consumes alcohol and then carries out an act that creates an obvious risk of serious injury. The person cannot ordinarily deny knowledge of that risk solely because of drunkenness. Whether a particular intention existed, and whether the ingredients of a specific offence are proved, depend on the evidence.
Frequently asked questions
Is Section 86 IPC still applicable?
Section 86 IPC remains relevant for conduct governed by the former Penal Code, particularly acts before 1 July 2024. For offences governed by the BNS, the corresponding provision is Section 24.
Is drunkenness a complete defence to a crime?
No. Voluntary intoxication ordinarily does not excuse an offence. Involuntary intoxication may engage a statutory exception if its requirements are established.
Does Section 24 BNS automatically establish criminal intention?
No. It expressly addresses attributed knowledge. Whether the accused possessed a required specific intention must be determined from the facts and evidence.
Official legal references
Updated: 28 October 2026. This article provides general legal information. The applicable statute and outcome depend on the date of the alleged offence and case-specific facts.