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.
Key Points for BNS-24:
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Offence Requiring Specific Intent or Knowledge:
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Some crimes require the offender to have a particular intent or level of knowledge when committing the act. This provision applies to such offences.
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Intoxication and Legal Responsibility:
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If a person commits an offence while intoxicated, they are still legally responsible for the act, as if they had full knowledge and intent, despite being under the influence of alcohol or drugs.
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Exception - Intoxication Administered Without Consent:
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The provision includes an important exception: if the intoxication was involuntary, meaning the person was intoxicated without their knowledge or against their will (e.g., being drugged by someone else), they will not be held to the same level of intent or knowledge for the act.
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Legal Consequences:
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If intoxication was voluntary, the law assumes that the person had the same level of intent or awareness they would have had if they were sober. This means they cannot use intoxication as a defense for lacking intent or understanding the nature of their actions.
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In essence, BNS-24 holds individuals accountable for their actions committed under voluntary intoxication as if they had full awareness unless they were forced into that intoxicated state.
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