Intoxication as a defence in india

 

What is intoxication under IPC 1860?

Involuntary intoxication is allowed as a defence against crime.



1 Type of intoxication:-


·       VOLUNTARY INTOXICATION

-It means intoxication with own will

-Defence is not allowed in this term

-Logic:- If allowed, every person would intoxicate himself and commit a crime then take a defence under this term and justice totally failure

 

·       INVOLUNTARY INTOXICATION

-It means intoxication against the will or without knowledge of that person who is drunk.

-Defence allowed

 

2 INVOLUNTARY INTOXICATION

Nothing is an offence which is done by a person who is intoxicated and not able to understand the nature of that crime.

 

3 ESSENTIAL INGREDIENTS

       i.            The intoxication must be “without the knowledge or against will, but voluntary intoxication can never be a defence.

     ii.            The intoxication must be a high degree that a person becomes not understand the nature of the crime or incapable of knowing the nature of the act.

  iii.            The test is that crime is committed exactly at the time when the mind was under the influence of intoxication.

Location: India

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