Section 85 Of IPC – Indian Penal Code

- Advertisement -

85. 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 to him without his knowledge or against his will.

COMMENTS

- Advertisement -

(i) Voluntary drunkenness is no excuse for commission of a crime; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(ii) So far as knowledge is concerned, the standard of test is same as in case of intention; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(iii) The court must attribute to the intoxicated man the same knowledge as if he was quite sober unless he was besides his mind altogether at the time of incident; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

- Advertisement -

Subscribe

Related articles

All India Scholarship and Admission Test – Team LegalEdge

🚨 Attention CLAT Aspirants 🚨Team LegalEdge brings to you...

Legal Edge – All India Scholarship & Admission Test

ATTENTION ASPIRANTS  Team LegalEdge is back with its All India...

LIVE WEBINAR – How To Build A Career In Law? 

🔔 ATTENTION ASPIRANTS 🔔 Team LegalEdge Proudly Presents To You A LIVE...
Team Law Epic
Team Law Epichttps://lawepic.com
Writer of this website are backbone of Law Epic. We try to do better to provide good and authentic information to our readers. Keep Reading....

This site uses Akismet to reduce spam. Learn how your comment data is processed.