Intoxication

Several times intoxication due to drinking alcohol or taking other substances to cause the person to lose the judgment of right or wrong. In early law, however, this was no defence for criminal responsibility.  In recent times this has become a valid defence but only if the intoxication was involuntary. Section 85 says thus -

Section 85 - 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 actor 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.

This means that to claim immunity under this section, the accused must prove the existence of following conditions -
1.     He was intoxicated.
2.     Because of intoxication, he was rendered incapable of knowing the nature of the act or that what is was doing was wrong or contrary to law.
3.     The thing that intoxicated him was administered to him without his knowledge or against his will.

Director of Public Prosecution vs Beard 1920 was an important case on this point. In this case, a 13 yr old girl was passing by a mill area in the evening. A watchman who was drunk saw her and attempted to rape her. She resisted and so he put a hand on her mouth to prevent her from screaming thereby killing her unintentionally. House of Lords convicted him for murder and the following principles were laid down -
1.     If the accused was so drunk that he was incapable of forming the intent required he could not be convicted of a crime for which only intent was required to be proved.
2.     Insanity whether produced by drunkenness or otherwise is a defence to the crime charged. The difference between being drunk and diseases to which drunkenness leads is another. The former is no excuse but the later is a valid defence if it causes insanity.

3.     The evidence of drunkenness falling short of proving incapacity in the accused to form the intent necessary to commit a crime and merely establishing that his mind was affected by the drink so that he more readily gave way to violent passion does not rebut the presumption that a man intends the natural consequences of the act. 

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