M’Naughton rules have been relied upon in this case which states that the intent of a person has to be taken into consideration is at the time of Commission of the Crime.In this case, the accused was intoxicated and he raped a girl who was a minor. Saturday, 01, Aug, 2020 . The court held him guilty under Section 300 of IPC that is murder.In this case, the accused’s son died in a Motor Vehicle Accident. Act of a person incapable of judgment by reason of intoxication caused against his will, IPC Section 85 in Hindi. Email Address * Advertisements. 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: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Voluntary drunkenness is no excuse for commission of a crime; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).
The court rejected his plea by stating that the accused himself came out of the house and he was able to walk so he would have had the ability to foresee the consequences of the act. Post Author: Law Audience; ... Continue Reading INTOXICATION AS A DEFENCE UNDER INDIAN PENAL CODE. section 85 of ipc. An intoxicated person has the same level of knowledge as a sober person has.
The court did not have a reason to consider the contention of the counsel that the case will fall under Section 304 Part I or Part II because the accused was under the influence of liquor. Normally the burden of proof is on the prosecution to hold the accused guilty of a criminal offence. In general exception, a person is excluded from criminal liability due to particular reasons like intoxication, insanity, consent etc.
The burden of proof lies on the accused person for the commission of the offence.
As a result, the girl died out of suffocation. The Dutch Courage Rule is used to describe the manner in which the case will be dealt. This Section basically talks about the state of voluntary intoxication.
The midday meal was going on. The person should intoxicate at the time of doing that act and not after or before the commission of such offence.
The burden of proof rests on the accused person and not on the prosecution. The part “.. unless the thing which intoxicated him was administered to him without his knowledge or against his will” in section 86 creates confusion. He placed his one hand on the mouth of the girl and the other on her throat.
But the intention is a complicated factor and it depends from case to case.According to section 85 of the IPC, nothing is an offence which includes:From the ingredients of Section 85, we can see that an offence or an act should be committed at the time when the effect of the intoxicating substance is there on the accused person. The accused person should not have the knowledge or he should be ignorant of the fact that thing which was administered to him was an intoxicating substance or a substance which was mixed with an intoxicant.
A person loses control over his actions as soon as consumes an intoxicating substance.
Long-term consequences of excessive drinking may include cardiomyopathy, stroke and sudden cardiac death.
The concept of basic and also specific intent has been dealt with, in this book which includes the explanation of the landmark cases like Majewski case.In the Article “Justification and Excuse in the Criminal Law: Defences under Indian Penal Code”In the Article “Medico-legal implications of alcohol consumption” by Harish Dasari and K.H Chavali the medical and legal complications of the consumption of alcohol are described by the authors.
The study is based on the secondary sources of data that is collected through journals, articles, books, cases and reports along with which certain data is collected from reliable online websites. Knowledge can be considered as a constant point in the case of intoxication of a person.
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