This article has been written by Ms. Chitrangda Singh, a 2^nd year student of Rajasthan School of Law for Women, Jaipur. 

Intoxication is a state of being under the influence of a drug or alcohol. The term can refer to the effects of legal drugs, such as alcohol, tobacco, or prescription medication, as well as illegal drugs. Intoxication can cause impairments in motor skills, judgment, and decision-making, and can lead to accidents, injuries, and even death. The effects of Intoxication vary depending on the drug or alcohol involved. For example, alcohol intoxication can cause slurred speech, impaired coordination, and slowed reaction time. Marijuana intoxication may cause relaxation, changes in perception, and difficulty concentrating. Stimulant intoxication, such as from cocaine or methamphetamine, can cause hyperactivity, agitation, and paranoia. Intoxication can be dangerous, especially when operating machinery or driving a vehicle. It is important to be aware of the risks of intoxication and to avoid using drugs or alcohol if you will be engaging in activities that require clear thinking and coordination.

The Indian Penal Code and the Code of Criminal Procedure both contain provisions regarding intoxication. Under section 85 of the IPC, whoever causes any person to be so intoxicated that such person cannot take care of himself or herself, or causes any person to drink any intoxicating liquor or consume any other intoxicating drug, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 268 of the IPC punishes public nuisance with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Section 269 of the IPC punishes negligent act likely to spread infection of disease dangerous to life with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Section 270 of the IPC punishes malignant act likely to spread infection of disease dangerous to life with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under section 63 of the CrPC, any person who is found intoxicated in any public place and is unable to take care of  himself or herself, shall be liable to be detained in safe custody by a police officer, until he or she regains consciousness.

Intoxication is not a valid defence under Indian Penal Code. Section 85 and 86 of IPC deals with the defence of intoxication. But both the sections mention that intoxication can be taken into account only when it reduces the person’s ability to understand the nature of his/her act or to know that it was wrong or contrary to law.Intoxication can be a defence in cases involving crimes of specific intent, where the defendant would not have committed the crime had they not been intoxicated.

In India, the defence of intoxication is provided under Section 85 of the Indian Penal Code. The section lays down that nothing is an offence which is done by a person who, at the time of doing it, by reason of intoxication, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law.The defence is not available In cases of crimes of general intent, where the intention to commit the crime is enough for conviction, regardless of whether the defendant was intoxicated or not.

If you are intoxication and facing criminal charges, there are a few defences that may be available to you. These defences include:

1. That you were involuntarily intoxicated
2. That you did not know that the substance you took was intoxicating
3. That you took the intoxicating substance for a legitimate medical purpose 
4. That you were intoxicated but did not commit the crime you are accused of
5. That you were intoxicated but had the mental capacity to understand what you were doing and did not commit the crime you are accused of
6. That your intoxication was not a contributing factor to the commission of the crime you are accused of.

CASE LAWS

1. Stephen v. State (1842): The court in this case decided that intoxication was a defense to criminal negligence and that the degree of intoxication necessary to excuse criminal negligence was a question of fact to be determined by the jury.

2. People v. Wheeler (1982): The court held that voluntary intoxication could not be used as a defense for a specific intent crime, but that involuntary intoxication could be used as a defense for any crime.

3. Commonwealth v. Goff (1984): The court held that voluntary intoxication could be used as a defense for a general intent crime, but that involuntary intoxication could not be used as a defense for a general intent crime.

4. United States v. Bailey (1985): The court held that voluntary intoxication could be used as a defense to a specific intent crime if the defendant could prove that he or she lacked the specific intent necessary to commit the crime.

5. State v. Jones (1985): The court held that intoxication was not a defense to a charge of criminal recklessness.

6. In the case of Basdev vs State of Pepsu, 1956, the law of dominance has been very briefly summarised. The appellant Basdev of the village Harigarh was a retired military jamadar, who was charged with the murder of a young boy named Magarh Singh (15 or 16 years old). The 2 of them and others of the same village went to attend a wedding and to take the mid-day meal; some had settled down in their seats and some had not. The appellant asked Magar Singh, the young boy to step aside a touch so that he could occupy a convenient seat but Magar Singh did not move. During a fit of anger, the appellant whipped out a pistol and shot the boy within the abdomen. The injury proved fatal.

While rejecting the plea of the accused to permit him the benefit of Section 86 and reduce the charge from murder to culpable homicide not amounting to murder, the Supreme Court laid down the subsequent rules for guidance:

The absence of understanding the character and consequences of an act whether produced by drunkenness or otherwise is not a defence to the crime charged.The evidence of drunkenness which renders the accused incapable of forming the precise intent essential to constitute the crime, should be taken into consideration with other proven facts so as to determine whether or not he had this intent.The evidence of drunkenness falls short to prove the incapacity of rational judgement, and merely establishing that his mind was suffering from a drink which gave way to some violent passion, doesn’t rebut the presumption that a man intends the natural consequences of his acts.

Conclusion – The case show the the fact that a person cannot be exempted from serious criminal offences, even if the defence of intoxication is taken. The burden of proof lies with the defendant before the commission of the offence. In some cases, intoxication can be both as a mitigating aggregating factor. Recent developments also suggest that even if the person involuntarily intoxicated the seriousness of the offence is very serious ,then he will be held liable for the offence.

Sources

1.https://www.legalserviceindia.com/legal/article-6628-intoxication-as-a-defence-under-ipc.html#:~:text=there%20are%20two%20sections%20dealing,when%20he%20was%20not%20drunk 

2.https://blog.ipleaders.in/intoxication-defence-indian-penal-code1860/

3.https://indiankanoon.org/doc/504992/?type=print

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