Section 86 Of IPC – Indian Penal Code

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86. Offence requiring a particular intent or knowledge committed by one who is intoxicated —

In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

COMMENTS

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(i) The prosecution has to prove that in spite of drunkenness the accused had intention to commit the act forbidden by law; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(ii) Sometimes intention on the part of the person who is drunk can also be assessed from the nature of weapon used in the commission of the offence. If a person uses a weapon which is not dangerous and the attack results in death, a malicious intention cannot be drawn against him even though drunkenness is no excuse; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

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