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Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.
  • a)
    Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.
  • b)
    Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.
  • c)
    Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.
  • d)
    Both (b) and (c).
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Principle: Nothing is an offense which is done by a person who, at th...
Soham did not voluntarily consume alcohol and had actively priested against it and hence he is not liable.
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Most Upvoted Answer
Principle: Nothing is an offense which is done by a person who, at th...
Explanation:

Intoxication Defense:
- The principle states that if a person is incapable of knowing the nature of the act or that it is wrong or contrary to law due to intoxication administered against their will, they cannot be held liable for their actions.

Soham's Situation:
- Soham was administered alcohol against his wishes by his friends, leading to his intoxication.
- As a result of the intoxication, Soham was not in a state to understand the consequences of his actions or that he was driving dangerously.

Lack of Liability:
- Since Soham was not in control of his actions due to the alcohol administered against his will, he cannot be held liable for the accident.
- His friends bear responsibility for getting him drunk without his consent, leading to the situation where he was incapable of making sound judgments.
Therefore, based on the principle provided and the facts of the case, Soham is not liable for the accident as he was under the influence of alcohol that was administered to him against his wishes. His friends, who forced the intoxication upon him, should be held accountable for their actions.
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General defenses available under the IPC are as follows:- Mistake of fact- Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself to be, bound by law to do such an act. It is derived from the legal maxim “ignorantia facti doth excusat, ignorantia juris non excusat”. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act.Accident- Includes an Accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy- It includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. It includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion.Insanity- Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.Intoxication- Act of a person incapable of judgment by reason of intoxication caused against his will. 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 involuntarily without his will or knowledge.Q. Giriraj goes to a party and his friends force him to drink. Initially he refuses but later he agrees to drink. He gets sloshed, while returning from the party he knocks down a person with his car. Will he be liable?

General defenses available under the IPC are as follows:- Mistake of fact- Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself to be, bound by law to do such an act. It is derived from the legal maxim “ignorantia facti doth excusat, ignorantia juris non excusat”. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act.Accident- Includes an Accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy- It includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. It includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion.Insanity- Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.Intoxication- Act of a person incapable of judgment by reason of intoxication caused against his will. 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 involuntarily without his will or knowledge.Q. Gary sees a person walking out of a departmental store. Gary thinks that the person is the same who had committed murder a week back, so Gary captures him and takes him to the police station. The person files a case of assault against Gary. Will Gary be liable for his acts?

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Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer?
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Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer?.
Solutions for Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: Nothing is an offense 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 the contrary to law provided that the thing which intoxicated him was administered to him without his knowledge or against his will.Facts: Soham liked to lead a fast life and usually drove really fast, rather dangerously. When his dad got him a new car as he had got into National Law School, he went to party with his friends. His friends got him drunk although Soham protested and on their way back, Soham exceeded the speed limit and rammed his car into a street light post. The traffic cop on duty booked him for rash and negligent driving and later for drunken driving.a)Soham was under the influence of alcohol which was administered to him against his wishes hence he is not liable.b)Soham is liable since he usually drove fast and dangerously and this act was not under the influence of alcohol.c)Soham is liable since his protest was symbolic and he could have avoided drinking if he really wanted to.d)Both (b) and (c).Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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