IPC Section 208
IPC Section 208: Person attempting to commit culpable homicide while intoxicated
Text of the Section (in simple terms):
"Whoever voluntarily causes hurt to any person, under the influence of intoxication or while drunk, in such a way that it causes death, intending or knowing that it is likely to cause death, shall be guilty under this section."
Explanation:
Nature of Offense:
Section 208 deals with situations where a person, under the influence of alcohol or any intoxicating substance, causes death or serious harm to another person.
The key idea is that the offender is voluntarily intoxicated but still performs a harmful act.
Ingredients of the Offense:
For someone to be guilty under this section, the following elements must be present:
Voluntary Intoxication: The person must be intentionally or knowingly intoxicated (drunk or under drugs/alcohol). Accidental intoxication does not apply.
Act of Harm: While intoxicated, the person does some act that causes hurt to another.
Culpable Intention: There must be knowledge or intention that such an act can likely cause death or serious injury.
Causation: The act while intoxicated must actually result in hurt or death.
Punishment:
The punishment for an offense under Section 208 varies based on the severity and results of the act.
Generally, the law treats intoxication not as a defense but as a factor in determining culpability, especially if death occurs as a result.
Key Points:
Voluntary intoxication does not excuse the crime.
Even if a person did not have a premeditated intention to kill, causing death while intoxicated can still attract serious punishment under this section.
The law is stricter for acts leading to death or serious harm, but mere hurt may fall under a lesser section like 319 or 320 (if it does not lead to death).
Example:
A man drinks excessively and, while drunk, hits someone with a heavy stick. The person dies.
Even if he claims he didn’t mean to kill, Section 208 applies because he voluntarily caused harm while intoxicated and should have known death was a likely outcome.
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