Hello Friends, Today I explain to you whether Intoxication is a good defence.
If a person kills someone while intoxicated, can he get a pardon?
This question is related to our Indian penal code section 85 and section 86.
Intoxication means that which impacts the thinking power of any person. And if someone commits a crime during this time, then he gets forgiveness, to understand that you have to understand both these sections. Section 85 and 86.
Intoxication is divided into two parts.
1. Voluntary intoxication. Intoxication is a good defence.
2. Involuntary Intoxication. Intoxication is a good defence.
1. Voluntary Intoxication –
Voluntary intoxication is mentioned in Section 86. It means knowing that someone has taken an intoxicant and he should do some work.
There is a case of DPP vs. Beard. In this there was a man who used to work as a watchman in front of one mile, a 13-year-old girl was passing by, then that man caught her and tried to rape her. The man presses her neck so that her voice does not come out and that girl dies when a case is filed against her, he says that I was so intoxicated that she did not even know what I was doing, and the court said If he had intentionally intoxicated then he will be punished.
Now let’s see
2. Involuntary intoxication –
involuntary intoxication is mentioned in section 85. it means without the will of the person or against his consent. if a person is intoxicated against his will, then that person is hanged.
Act of a person incapable of judgment because of intoxication caused against his will. Nothing is an offense that is done by a person who, at the time of doing it, is, because of intoxication, incapable of knowing the nature of the act. Or that he is doing what is either wrong or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
Another case is R vs Lipman’s. In this a person who was fully intoxicated and under which he thinks of his girlfriend as a snake and kills her. When he was presented in court, he said that he was very intoxicated, he was unable to understand anything, and that he should get forgiveness.
Section 85 – Act of a person incapable of judgment because of intoxication caused against his will. Nothing is offensive that is done by a person doing it. is because of intoxication, incapable of knowing the nature of the act. Or that he is doing what is either wrong or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
Section 86 – Offence requires a particular intent or knowledge committed by one who is intoxicated not. in cases where an act sine is a nit an offense unless done with particular knowledge or intent a person who does the act in a state of intoxicated shall be liable to be dealt with as if he had he 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.
(1) Involuntary drunkenness, that is, drunkenness caused without one’s knowledge or against one’s will is an excuse. (2) Voluntary drunkenness is a requiring the presence of an intention ” to complete a crime.