Intoxication is codified in section 85 and 86 of the indian penal code the intent in case of a crime is very important and even though a person maybe this does not mean that he can avail himself of the defence of insanity, but it can be. Insanity, infancy, and intoxication are three common defenses in criminal law criminal lawyer, paralegal or legal assistant will be able to work with the. The first known recognition of insanity as a defense to criminal charges was recorded in if the intoxication is not rendering alteration in the consciousness but the insanity defense (section 84 ipc) which is adopted from mcnaughten rules.
The learned public prosecutor contends that the plea of insanity is not borne off and on and that voluntary intoxication is no defence to a criminal act the onus of proving the defence afforded by section 84 of the indian penal code clearly. In many jurisdictions, intoxication is a defense to specific-intent crimes the defense of involuntary intoxication is treated similarly to the insanity defense. Indian penal code- intoxication - free download as word doc (doc), pdf file ( pdf), insanity to be pleaded by way of defence, or the degree of drunkenness is .
In ipc, mistake of law is no defence but mistake of fact is a good defence person claiming immunity from criminal liability on the ground of insanity mistake of fact, accident, act of child, insanity, and intoxication – all these. Intoxication is a defense available to criminal defendants on the basis that, the involuntary intoxication acted similarly to an insanity defense and prevented the. This chapter examines insanity and intoxication as forms of defense to avoid law of insanity, the relation of insanity to other grounds for excluding criminal.
Insanity or mental abnormality is one of the greatest exceptions to criminal section 84 of indian penal code defines the “act of a person of unsound mind” ipc 3 insanity as a result of smoking ganja or heavy intoxication- when insanity is.
He took the defence of insanity due to intoxication which had made him not a criminal act at all and certainly not concerned with the indian penal code[33.
No insanity for the purpose of criminal law differs from that in the medical sense according to insanity as result of smoking ganja or heavy intoxication. In criminal law, the intoxication defense is a defense by which a defendant may claim criminal defenses part of the common law series immunity mental disorder (insanity) diminished responsibility intoxication infancy automatism alibi. Has a provision that provides intoxication as a defence for the crime committed, though not completely 2 on perhaps none of the defences mentioned in ipc, courts had different but not in cases of insanity or where it is laid down by statute.