Description
Introduction
A person cannot escape criminal liability just because they were intoxicated at the time of committing a crime. Section 86 IPC states that if an offense requires a specific intent or knowledge, and the person was voluntarily intoxicated, they will be held liable as if they were sober.
This provision ensures that people cannot use intoxication as an excuse for committing crimes, except in cases where intoxication was involuntary.
Key Provisions of Section 86 IPC
1. The Offense Must Require a Particular Intent or Knowledge
- The section applies only to offenses where intent or knowledge is essential.
- Example: Murder (Section 302 IPC) requires intent, so a drunk person committing murder will still be liable.
2. Voluntary Intoxication Does Not Excuse Criminal Acts
- If a person chooses to consume alcohol or drugs, they are fully responsible for their actions.
- Example: A drunk person intentionally assaults someone—he cannot claim that he didn’t intend to harm them.
3. Involuntary Intoxication May Be Considered a Defense
- If a person is forcibly intoxicated (e.g., drink spiked without consent), they may not be held liable if they lacked intent or knowledge.
- Example: A man is drugged without his knowledge and accidentally causes harm—he may not be fully responsible.
4. Knowledge Is Assumed Even in a Drunken State
- If a person would have known the consequences of their actions while sober, they will be held accountable even if drunk.
- Example: A man, while drunk, sets fire to a house—he will be treated as if he knowingly committed arson.
Punishment
Punishment Under Section 86 IPC
- Section 86 itself does not prescribe a specific punishment but states that an intoxicated person will be punished according to the offense committed.
- Punishment depends on the crime:
- Murder (Section 302 IPC) ? Death Penalty or Life Imprisonment.
- Causing Grievous Hurt (Section 325 IPC) ? Up to 7 Years Imprisonment.
- Drunk Driving Causing Death (Section 304A IPC) ? Up to 2 Years Imprisonment.
