overview
Section 86 of Indian Penal Code 1860 (IPC) has the provision for the act which has been committed by a person in his intoxication state and this section provide the defence for the accused to avoid the punishment.
Yes, it is right if you have committed an offence of the nature of Punishment and it comes under the jurisdiction of IPC, even though you can escape from Jail. And the reason behind this is section 86 of IPC which has the provision that says nothing is an offence that has been committed under intoxication which was not known by the accused.
Section 86 in the Indian Penal Code
“Offence requiring a particular intent or knowledge committed by one who is intoxicated – in cases where an act done is not an offence unless done with the particular knowledge or intent, a person who does an act in the state of intoxication shall be liable to deal with as if he had the same knowledge as he would have had if he had not been intoxicated unless the thing which intoxicated him was administered to him without his knowledge or against his will”.
Read More: What do you mean by Cognizable Offence?
Ingredients of section 86
- There can be various elements of the section but the important is that it doesn’t matter that the accused knows the nature and consequences the accused couldn’t have the defense against the ground of intent.
- The evidence of intent whether he had been in the situation to understand the nature and consequences of the act or not. The different options should be taken into consideration by the court.
- The evidence of intoxication always is not enough to prove the intent of the accused and the behavior before committing the act and after committing it.
