Intoxication in IPC | Criminal Law for Judiciary Exams PDF Download

What is Intoxication in IPC?

• Intoxication in IPC denotes a state where an individual's mental and physical faculties are impacted due to the consumption of alcohol or drugs, commonly known as being intoxicated. While intoxicated, individuals may struggle to differentiate right from wrong, comprehend consequences, and exhibit unpredictable behavior.
• Legally, alcohol intoxication is often delineated by a blood alcohol concentration surpassing specified thresholds, with levels beyond 0.80% posing significant risks, including fatality.
• The IPC recognizes intoxication's potential to influence mental capacity and judgment, thereby delineating provisions in Chapter IV that account for both voluntary and involuntary intoxication. These legal provisions aim to safeguard individuals from undue criminal liability, with Sections 85 and 86 offering detailed insights into the general exception of intoxication.

Involuntary Intoxication in IPC - Section 85

Section 85 of the Indian Penal Code (IPC) deals with situations where a person is unable to make sound judgments due to being poisoned involuntarily. If a person is under the influence of a substance administered without their knowledge or against their will, they cannot be held responsible for any offense committed during that state.

Essentials of Section 85 for Intoxication as a Defense in IPC

• Act Performance: The individual must carry out an act.
• Lack of Understanding: They should be incapable of understanding the nature of the act.
• Intoxication Result: This lack of understanding is due to their intoxication.
• Non-Consensual Intoxication: The intoxication must have been imposed without their consent or awareness.
• Incapacity Timing: The person must be incapacitated at the time of the act.

Key Points to Note

• Offense Occurrence: The offense must happen while the individual is influenced by the intoxicating substance.
• Unawareness: The accused should be unaware that the substance given to them is intoxicating.
• Defense Criteria: The defense of intoxication can only be invoked if the person did not intend to commit the act.
• Considerations for Guilt: Factors such as the quantity of intoxication, circumstances, nature of the crime, harm caused, and the level of violence during the offense should be evaluated.

In summary, Section 85 of the IPC offers protection to individuals who commit offenses while involuntarily intoxicated. It is crucial that the intoxication was not self-induced and that the accused was unaware of the nature of their actions due to the influence of a substance administered against their will. The defense of intoxication hinges on the lack of intention to commit the offense and various circumstances surrounding the act should be carefully considered in determining guilt.

Understanding Voluntary Intoxication in Indian Penal Code – Section 86

• When a person commits an offense requiring intent or knowledge while intoxicated, certain considerations come into play.
• Unless the intoxicating substance was administered without their knowledge or against their will, the intoxicated person may be treated as if they had the same knowledge as if they were sober.
• If the act committed involves specific knowledge or intention, the person can be prosecuted for the offense as if they were not intoxicated.
• Both knowledge and intention are crucial factors in determining legal accountability in such situations.
• If a person is capable of understanding the consequences of their actions while intoxicated and causes harm knowingly, they will be held accountable for the offense.

Section 86 of the Indian Penal Code

• Section 86 of the Indian Penal Code deals with the knowledge and intent of a person committing an intoxicated act.
• This section specifically addresses cases of involuntary intoxication in the IPC.

Willful Intoxication and Criminal Liability

• Willful intoxication cannot serve as a defense in the commission of a crime.

Voluntary Intoxication as a Mitigating Factor

• Voluntary intoxication in IPC may be considered a mitigating factor in certain situations.
• In cases where a specific intent is required for a particular crime, voluntary intoxication might play a role.

Legal Accountability in Intoxicated States

• If the accused is heavily intoxicated to the extent that they cannot perform the act, they may be exempted from the offense.
• For example, if an act committed under the influence of alcohol results in culpable homicide not amounting to murder due to the absence of a specific intent, the accused might be treated differently.
• However, if the person, despite being highly intoxicated, can still form the intention to commit murder, they will be held responsible for the crime.

Key Points from Section 86 of the Indian Penal Code

• The core elements of Section 86 involve the presence of specific intention or knowledge.
• It also considers the influence of an intoxicating substance.
• In cases under this section, the administration of an intoxicating substance without the person's knowledge or against their will is significant.

Understanding Section 86

Section 86 of the Indian Penal Code focuses on cases where intention and knowledge play crucial roles. It asserts that an intoxicated individual retains the same level of understanding as a sober person, although intentions may vary based on circumstances.

Case Study: R v Kingston

In the case of R v Kingston, a dispute involving a business matter led to a situation where the respondent, aware of his pedophilic tendencies, engaged in sexual acts with a boy after being administered drugs by another party. Despite being intoxicated, the court found him guilty as he could form the necessary intention for the act.

Involuntary Intoxication in Criminal Law

In cases like Director of Public Prosecutions vs. Beard and Mavari Surya Satyanarayana vs. the State of Andhra Pradesh, involuntary intoxication does not excuse the mental element required for a crime in the Indian Penal Code.

• In the Beard case, the accused's intoxication did not absolve him of the mental element needed for his crimes.
• Similarly, in the Andhra Pradesh case, the accused's actions under the influence of alcohol were not considered beyond his control as he pursued and committed a heinous act.

Voluntary Intoxication and Criminal Liability

• While voluntary intoxication might mitigate guilt in some instances, it can often aggravate criminal responsibility. Increased alcohol consumption can lead individuals to commit crimes they might not have otherwise, intending to use intoxication as a defense strategy.
• Illustrative Cases: In cases like DPP v. Beard, where voluntary intoxication was used as a defense, the court found the accused guilty of murder due to his clear intent to harm the victim.

Foreseeability Test in Cases of Intoxication As a Defence in IPC

• The foreseeability test is crucial in determining liability for an offense in cases involving intoxication as a defense under the Indian Penal Code (IPC).
• When a person consumes an intoxicating substance, their level of control is a key factor in assessing their culpability.
• Voluntary consumption of alcohol implies a degree of negligence and a willingness to let go of inhibitions.
• Choosing to continue drinking despite knowing the effects signifies a conscious decision to relinquish control.
• However, involuntary intoxication serves as a general defense in IPC, absolving individuals of liability in certain circumstances.

Understanding Liability in Intoxication Cases

• Liability hinges on the individual's ability to foresee the consequences of their actions while under the influence.
• If an intoxicated person commits a crime without understanding the potential outcomes, their responsibility may be diminished.
• For example, if a person under the influence commits a crime and then tries to escape, it suggests awareness of their actions and consequences.
• In such cases, where the individual demonstrates awareness and control, they can be held accountable for their actions.

The Burden of Proof in Cases of Intoxication

• The responsibility of proving lack of intention or knowledge in cases of intoxication within the Indian Penal Code (IPC) falls on the accused, not the prosecution.
• The accused individual must establish that their state of intoxication was not voluntary and that they did not willingly ingest the substance causing intoxication.
• Furthermore, they must demonstrate that they had no prior awareness or intention to commit the particular offense in question.
• It is incumbent upon the accused to present a detailed account of the facts and circumstances surrounding the incident that led to the commission of the offense.
• They must provide compelling evidence to substantiate their defense and refute any allegations against them.

Dutch Courage Rule

• Concept Explanation:
  • People sometimes turn to alcohol not just for enjoyment but to deal with sadness and escape from life's difficulties. They believe that by drinking, they can face challenges with bravery, gaining a false sense of courage.
  • Alcohol consumption can lead to impaired judgment, making individuals more likely to commit illegal acts.
• Rule of Courage:
  • Before consuming alcohol, individuals may psych themselves up to carry out certain actions, known as the "rule of courage." This concept is particularly relevant in cases of voluntary intoxication in Criminal Law.
  • It indicates that a person plans and intends to carry out a specific action in advance, influenced by the false sense of confidence brought on by alcohol.

Landmark Cases on Intoxication in Indian Penal Code (IPC)

Basudev v State of Pepsu

In this case, a retired military officer (the accused) and the deceased attended a wedding where a tragic incident occurred. The accused, in an intoxicated state, fatally shot a 13-year-old boy after a dispute over a chair. Despite claiming that his intoxication hindered his understanding, the court held him guilty of murder under Section 300 of the IPC.

Shankar J v. State of West Bengal

Here, the defendant, under the influence of intoxication, committed a murder after a verbal altercation. The court ruled that intoxication does not excuse one from the crime of murder.

Venkappa v. State of Karnataka

In this case, the accused, influenced by intoxication, set his wife on fire leading to her death. Despite invoking the defence of intoxication, the court rejected his plea as his intoxication was voluntary.

Bablu Mubarik Hussain v. State of Rajasthan

The Supreme Court assessed Section 85 of the IPC in this case, emphasizing that proof of intoxication alone is insufficient to negate wrongful intent. The accused's brutal actions were not excused based on intoxication.

Bhagwan Tukaram Dange v. State of Maharashtra

Here, the accused and his father, under the influence, committed a heinous crime. The court rejected the contention that intoxication should lessen the severity of the charges, upholding their conviction under Section 302 of the IPC.

Difference Between Section 85 and Section 86 of the IPC

• Section 85 of the Indian Penal Code:
  • Addresses offences committed under the influence of drugs or alcohol caused by fraud or coercion.
  • Provides an exception for involuntarily intoxicated individuals, exempting them from criminal liability.
• Section 86 of the Indian Penal Code:
  • Deals with offences committed while being self-induced intoxicated.
  • Holds voluntarily intoxicated persons accountable for criminal offences unless lack of intent or knowledge due to intoxication is proven.

Case Study: Bablu alias Mubarik Hussain v State of Rajasthan

In this case, the Supreme Court analyzed Section 85 of the IPC, focusing on evidence of intoxication and the accused individual's ability to form criminal intent. The court ruled that the accused should be responsible for their actions as they possessed the necessary criminal intent. This ruling emphasizes that voluntary drug or alcohol consumption leading to impaired mental capacity does not absolve individuals of criminal liability.

IPC Sections: Section 85 vs. Section 86

Conclusion

The Indian Penal Code carefully addresses the complexities of intoxication within its legal framework through Sections 85 and 86, outlining the nuances of criminal liability concerning intoxication.