The court rejected the plea of the accused because it was a very brutal and diabolic act.This case was decided on 15 March, 2014 by Justice by K S Radhakrishna and Vikramajitsen. Intoxication is a state by which both mental and physical condition of a person is disabled because of intake of alcohol or some narcotic substance.
As a result, the girl died out of suffocation. If you require any more information or have any questions about ourSubscribe To Get Daily Updates Directly To Your Inbox
He has to prove that the intoxication was by involuntary means and the intoxicating substance was not consumed by his voluntarily. A constant Blood alcohol level of more than 0.80% is life-threatening as well it may result in the death of a person. The evidence of amount and circumstances of drunkenness have to be taken into consideration while holding the accused guilty of the crime. Sections 85 and 86 deal with the general exception of Intoxication.This section basically talks about the offences in which the person is involuntarily intoxicated that means the intoxicating substance is given against his/her own will or he has no knowledge of the intake of the intoxicating substance. There was compensation of Rs, 1,00,000 which was in the name of the wife of the accused. A list of all the Sections in Indian Penal Code, 1860, a.k.a IPC India, in a mobile friendly format, by Advocate Raman Devgan.
The accused forced his wife to withdraw the money but she refused.
The thing that will vary is the intention of the person. Alcohol consumption leads to weakening of the heart and also there is an impact on the delivery of oxygen in the organs of our body which may result in involuntary or sudden movements of organs which may lead to imbalance or a sudden attack on the other person. The accused, which was under the effect of intoxication, took out a pistol out from his pocket and shot the boy. 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. Act of a person incapable of judgment by reason of intoxication caused against his will. The second one is that sometimes the mind of the accused is in a diseased state where the person is unable to take care of his actions and even think anything properly. Knowledge can be considered as a constant point in the case of intoxication of a person.
Act of a person incapable of judgment by reason of intoxication caused against his will. The disease is realised as insanity proton, and the case is treated in the same manner as involuntary intoxication. IPC Chapter IV; S. 85 Act of a person incapable of judgment by reason of intoxication caused against his will: Description; 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 …
by K.D. Whereas, section 86 covers voluntary intoxication. In the court of law, the accused took a defence that he was under the influence of heavy intoxication and was unable to understand the circumstances of his act. Post Author: Law Audience; ... Continue Reading INTOXICATION AS A DEFENCE UNDER INDIAN PENAL CODE. Indian Penal Code (IPC) Section 85. But the Supreme Court rejected his defence stating that he was unsuccessful in his first attempt to burn his wife and he was capable enough to run behind her and catch her to complete his heinous act. IPC SECTION 85-INDIAN PENAL CODE-"ACT OF PERSON INCAPABLE OF JUDGMENT BY REASON OF INTOXICATION CAUSED AGAINST HIS WILL" Description. Home > section 85 of ipc. Drinking not only causes loss of memory and coordination at the time of intake but will also cause long-term side effects.
Long-term consequences of excessive drinking may include cardiomyopathy, stroke and sudden cardiac death. The burden of proof rests on the accused person and not on the prosecution. This Section basically talks about the state of voluntary intoxication. But there are two cases where we can say that voluntary intoxication acts as at least a mitigating factor.
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