Intoxication (Sections 85 and 86 IPC)
Introduction
Intoxication refers to a state where a person loses control of his mind due to alcohol or drugs.
In criminal law, intoxication may affect liability when it prevents a person from understanding the nature of his act or its consequences.
Meaning / Definition
Intoxication means a condition where a person is unable to think clearly or control actions due to consumption of intoxicating substances.
Under the IPC:
- It may act as a defence if it removes the ability to form mens rea (guilty mind)
- The defence depends on whether intoxication was voluntary or involuntary
Modes or Types
Involuntary Intoxication (Section 85 IPC)
- Intoxication caused without the person’s knowledge or against his will
Conditions for defence:
- The person was incapable of knowing:
- Nature of the act, or
- That the act was wrong or illegal
- The intoxication was not self-induced
Effect:
- Complete defence (no criminal liability)
Voluntary Intoxication (Section 86 IPC)
- Intoxication caused by the person himself
Key rule:
- The person is treated as if he had the same knowledge as a sober person
Important points:
- Not a complete defence
- May reduce liability in some cases involving specific intention
Effect on Mens Rea
- In involuntary intoxication → mens rea is absent
- In voluntary intoxication → mens rea is usually presumed
Important Case Law
- Bablu alias Mubarik Hussain v. State of Rajasthan (Supreme Court of India)
- Court held that mere drunkenness is not enough
- It must be proved that the accused was incapable of forming intention
Distinction / Comparison
| Basis | Involuntary Intoxication | Voluntary Intoxication |
|---|---|---|
| Cause | Without knowledge or against will | Self-induced |
| Defence | Complete defence | Not a complete defence |
| Mens Rea | Absent | Presumed |
| Liability | No liability | Liability generally exists |
Practical Example
A person is given a drug without his knowledge and commits an act without understanding it.
- This is involuntary intoxication
- He may be protected under Section 85 IPC
If a person drinks alcohol willingly and commits a crime:
- He cannot claim full defence
- He is treated as having knowledge of his actions
Summary
- Intoxication is a state of loss of control due to alcohol or drugs.
- Sections 85 and 86 IPC govern criminal liability under intoxication.
- Involuntary intoxication is a complete defence if mens rea is absent.
- Voluntary intoxication is not a full defence.
- Courts examine whether the accused could understand the act.
- Mere drunkenness is not enough to avoid liability.