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Which provision of the Bharatiya Nyaya Sanhita, 2023 treats a voluntarily intoxicated person as having…

Section 24 imputes the knowledge the accused would have had if sober, unless the intoxicant was administered without the accused’s knowledge or against the accused’s will.…

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Which provision of the Bharatiya Nyaya Sanhita, 2023 treats a voluntarily intoxicated person as having the knowledge the person would have had when sober, for an offence requiring particular knowledge or intent?

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Answer and explanation

Correct answer C

Section 24 imputes the knowledge the accused would have had if sober, unless the intoxicant was administered without the accused’s knowledge or against the accused’s will. The provision’s deeming rule concerns knowledge. It does not automatically deem every required intent proved.

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Option A

Section 22 concerns the specified incapacity due to unsoundness of mind.

Option B

Section 23 provides a limited exception for incapacity due to intoxication administered without knowledge or against the person’s will.

Option C

Section 24 imputes the knowledge the person would have had when sober, subject to its involuntary-intoxication exception.

Option D

Section 25 concerns consent to harm or its risk under specified conditions.

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