Intoxication in IPC
Intoxication in IPC
📌 Relevant Sections: Sections 85 & 86 IPC (General Exceptions)
1. Section 85 – Act of a Person Incapable of Judgment by Reason of Intoxication
If a person, at the time of doing an act, is incapable of knowing:
The nature of the act, or
That the act is wrong/contrary to law,
Because of intoxication administered to him against his will or without his knowledge, he is excused.
👉 Key Point: Only involuntary intoxication is a valid defence.
2. Section 86 – Offence Requiring Particular Intention or Knowledge
If an offence requires intention/knowledge, and the person is intoxicated:
Law assumes he had the same knowledge as if he were sober.
However, if intoxication was involuntary, he may be excused.
👉 Key Point: Voluntary drunkenness is no defence.
3. Types of Intoxication in IPC
| Type of Intoxication | Legal Status under IPC |
|---|---|
| Voluntary intoxication (self-induced, e.g., drinking alcohol by choice) | ❌ No defence; person held responsible (Sec. 86) |
| Involuntary intoxication (without knowledge/against will, e.g., drink spiked) | ✅ Defence available (Sec. 85) |
4. Principles
Voluntary drunkenness ≠ Excuse
A man who voluntarily drinks is presumed to know consequences.
Involuntary drunkenness = Defence
If he didn’t know he was consuming an intoxicant, defence applies.
Knowledge is presumed, intention not always
Sec. 86: If a crime requires intention, intoxication may negate it; but if only knowledge is required, it is presumed even if drunk.
5. Case Laws
Voluntary Intoxication (No Defence)
Director of Public Prosecutions v. Beard (1920, UK)
Drunken man raped a girl and killed her.
Held: Voluntary drunkenness is no defence to crime; except when it makes formation of specific intent impossible.
Basdev v. State of Pepsu (AIR 1956 SC 488)
Accused, drunk, shot a boy during marriage ceremony.
Held: Voluntary drunkenness is no defence; intention to kill inferred.
Involuntary Intoxication (Defence)
Shamsuddin v. State (1952 All HC)
Accused intoxicated without knowledge and committed offence.
Held: Protected under Sec. 85 IPC.
6. Practical Examples
Voluntary: A drinks alcohol by choice, stabs B in drunken fight → guilty (no defence).
Involuntary: A’s drink is secretly laced with drug; under its influence he commits act without knowledge → excused.
7. Summary Table
| Section | Rule | Defence Available? |
|---|---|---|
| Sec. 85 | Involuntary intoxication – no knowledge/will | ✅ Yes |
| Sec. 86 | Voluntary intoxication – knowledge presumed | ❌ No |
✅ In short:
Voluntary intoxication is no excuse.
Involuntary intoxication may excuse criminal liability.
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