Criminal Liablity of an intoxicated Person.

CRIMINAL LIABILITY OF AN INTOXICATED PERSON
 Section 85 of Pakistan penal code lays down that nothing is an offence whis is done by a person who, at the time of doing it, is by reason of intoxication, incapable of knowing the nture of act, or that he is doing what is either wrong, or contrary to law, provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
 The ingredients of this section are that a person will be exonerated from liability for an act done while in a state of intoxication if he at the time of doing it, by reason of intoxication was:
 1. incapable of knowing the nature of the act.
 2. That he was doing what was either wrong or contrary to law.
 3. That the thing which intoxicated him was administered to him without his knowleged or against his will.
 Voluntary drunkness is no excuse for the commission of the crime. But if a man is made drunk through stratagem or the fraud of others, or through ignorance, or through any other means against his will, he is excused.

Section 86 of pakistan penal code further says that a person voluntarily drunk will be deemed to have the same knowledge and liable for the consequences as he would have had if he had not intoxicated. The section attributes to a drunken man the knowledge of a sober man when judging of his action , unless the thing which intoxicated him was administered to him without his knowledege or against his will.



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Papoo Parmar

I am so simple and Like to do any special in my life in short way.

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