What is Section 23 and 24 BNS?
Asked by: Kristoffer Eichmann Jr. | Last update: June 16, 2026Score: 4.6/5 (34 votes)
Sections 23 and 24 of the Bharatiya Nyaya Sanhita (BNS), 2023, deal with criminal liability related to intoxication, replacing older IPC sections; Section 23 provides a defense for acts done by someone incapable of judgment due to involuntary intoxication (against their will or unknowingly), while Section 24 holds that if an offense requires specific intent or knowledge, the intoxicated person is presumed to have had that state of mind, unless it was involuntary intoxication covered under Section 23.
What is Section 23 and 24 of BNS?
The provision related to intoxication is encompassed under Chapter III (General Exceptions) Section 23 and Section 24 BNS (Formerly Section 85 & Section 86 IPC) distinguish between involuntary and voluntary intoxication. Involuntary intoxication may serve as a defence whereas voluntary intoxication generally does not.
What is Section 23 of the BNA?
Section 23 BNS marks a progressive and thoughtful inclusion in the Bharatiya Nyaya Sanhita, 2023. It rightly acknowledges that criminal liability requires mental awareness and that people who are genuinely incapacitated due to involuntary intoxication should not be criminally prosecuted.
What is the BNS Act 24?
BNS Section 24 - Offence requiring a particular intent or knowledge committed by one who is intoxicated.
What is section 23 of the criminal code?
Section 23 of the Criminal Code of Nigeria provides: 'A person is not criminally responsible, as for an offence relating in property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud.
Section 23 and 24 BNS | Defence of Intoxication under BNS | Section 23 BNS | Section 24 BNS
What is Section 24 of the Criminal Code?
The opening words of section 24 provide that: Subject to the express provisions of the Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission, which occurs independently of the exercise of his will, or for an event which occurs by accident.
What is the Section 23 crimes Sentencing Procedure Act?
(1) A court may impose a lesser penalty than it would otherwise impose on an offender, having regard to the degree to which the offender has assisted, or undertaken to assist, law enforcement authorities in the prevention, detection or investigation of, or in proceedings relating to, the offence concerned or any other ...
What is the punishment for BNS?
a time not exceeding one month if the term of imprisonment shall not exceed six months; a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; a time not exceeding three months if the term of imprisonment shall exceed one year.
What is the punishment for Section 24 of the IPC?
Section 24 of IPC does not provide for any specific penalty for dishonesty. However, it is often used in conjunction with other sections of the IPC to determine the appropriate punishment for a particular crime.
What is meant by the BNS Act?
The Bharatiya Nyaya Sanhita (BNS) replaces the IPC. It largely retains the provisions of the IPC, adds some new offences, removes offences that have been struck down by courts, and increases penalties for several offences.
What is Section 23 of the BR Act?
no banking company incorporated in India shall open a new place of business outside India or change, otherwise than within the same city, town or village in any country or area outside India, the location of an existing place of business situated in that country or area:Provided that nothing in this sub-section shall ...
What is the common intention in BNS?
When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
What are the Offences against the human body in BNS?
Offences against the human body cover crimes like murder, hurt, assault, kidnapping, and rape. They are defined under Chapter XVI of IPC and Chapter VI of BNS 2023. Major categories: Fatal, Non-Fatal, Sexual, and Other Offences. Murder (IPC 302) and Culpable Homicide (IPC 299) are key fatal offences.
What are articles 23 and 24?
Such antisocial practices were abolished under Article 23 and Article 24 of the Constitution. These provisions expressly prohibit human trafficking, forced labour, and other similar activities. Any person violating these provisions shall be punished.
What is the soul of the new law Bharatiya Naya Sanhita?
The soul of the new law, Bharatiya Nyaya Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system.
What is the punishment for making a false document?
Falsification of documents carries penalties like jail time (months to years), hefty fines, probation, restitution, and a permanent criminal record, depending on jurisdiction, document type (public/court documents often harsher), and intent (fraud). Federal and state laws vary, but generally, it's prosecuted as a serious offense, potentially a felony, with severe consequences including federal prison (up to 20 years under 18 U.S. Code § 1519) or state-level felonies (e.g., up to 4 years in NY).
What is Section 23 of the IPC?
Section 23:- “Wrongful gain”
Wrongful Gain – is gain by unlawful means of property to which the person gaining is not legally entitled. Wrongful loss – is the loss by unlawful means of property to which the person losing it is legally entitled.
What are the 4 types of punishment?
The four main types of punishment in criminal justice are retribution, deterrence, incapacitation, and rehabilitation, each serving a different goal: retribution (just deserts), deterrence (discouraging future crime), incapacitation (removing offenders from society), and rehabilitation (changing offender behavior). Sometimes, restoration or restitution is also considered a fifth aim, focusing on repairing harm.
What is a BNS section 24?
Section 24 of BNS : Section 24: Offence requiring a particular intent or knowledge committed by one who is intoxicated. Section 24: Offence requiring a particular intent or knowledge committed by one who is intoxicated.
What is Section 23 of the BNS?
Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; unless that the thing which intoxicated him was administered to him without his knowledge or against his ...
What is the punishment for simple hurt in BNS?
Whoever, except in the case provided for by sub- section (1) of section 120 voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.
What is Section 23 of the criminal law?
(1)A person ("A") who unlawfully and intentionally engages the services of a complainant who is mentally disabled ("B"), for financial or other reward, favour or compensation to B or to a third person ("C")— (a)for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or ...
What is the minimum sentence for a crime?
Parliament has also introduced minimum sentences for some serious offences that must be imposed unless there are exceptional circumstances:
- seven years' imprisonment for a third Class A drug trafficking offence.
- three years for a third domestic burglary.
- five years for certain firearms offences.
What are the five principles of sentencing?
The process of sentencing involves consideration of the following principles with each decision: "the objectives of denunciation, deterrence, separation of offenders from society, rehabilitation of offenders, and acknowledgment of and reparations for the harm they have done (s.