Self-Induced Intoxication in Indian Law: What You Need to Know

The result is that, a greater burden would be thrown on an accused pleading unsoundness of mind or involuntary intoxication than on one who pleads intoxication which was self-induced. ... The .headnote of this case is as follows: - "In all cases of self-induced intoxication it is a question of fact whether, in spite of the intoxication the accused entertained a criminal intention. ... It then provides that if the act is committed in a state ....

Is it possible to draw any logical distinction between such a state of mind created by the wrongful acts of others and a susceptibility induced by voluntary intoxication ? I think that we may well hestitate to do so. ... In considering the question whether a person charged with murder committed the act complained of whilst deprived of the power of self-control by grave provocation the Court or jury may take into account the intoxication of the person receiving it. ... In the circumstances we think that the provo....

That section, therefore, need not be considered when we are dealing with the case of self-induced intoxication. The section we have to consider then is section 79. ... Intoxication-Charge of murder-Knowledge and intention-Burden of proof-Penal Code-Sections 78 and 79-Evidence Ordinance, s. 105, In all cases of self-induced intoxication it is a question of fact whether, in spite of the intoxication, the accused entertained a criminal ... In....

In no case does intoxication which is self induced-I mean that if a man takes drinks himself he cannot make that the occasion or excuse for an offence; it is only when drink is administered to a man without his knowledge or against his wish and he commits an offence that it is an excuse". ... He lost his self control then and stabbed Elizabeth. ... That is implicit in the words " deprived of the power or self-control ". ... On the evidence led in the case the Jury had to consider (a) whether the....

Murder committed while in a state of drunkenness-Self-induced intoxication-Penal Code, ss. 78, 79, and 294-Knowledge-Intention. ... - After careful consideration I have come to the same conclusion as to the direction to be given to a jury in cases of self-induced intoxication. ... In all cases of self-induced intoxication it is a question of fact for the jury, whether the accused actually entertained the intention necessary ....

It is quite possible that an act which may not cause a sober man to lose his self-control may cause a drunken man to lose his self-control. ... the accused lost his self-control under the stress of the provocation. ... The headnote of this case states:'' Intoxication which falls short of the degree of intoxication contemplated by Section 78 of the Penal Code could be considered in dealing with the question whether a man's suscep- tibility to provocation was affected by intoxication#HL_....

Federal Court Putrajaya

Self-induced intoxication is not a defence under s 85(2)(a) of the Penal Code (see the Federal Court case of PP v. Mohd Nor Riza Mat Tahar; [2011] 2 MLJ 21; [2009] 4 CLJ 691). ... Section 85(2)(b) refers to a different basis for exoneration from that afforded by s 84 as the former is grounded on intoxication-induced insanity. ... of intoxication insane, temporarily or otherwise, at the time when he committed the crime". ... 85.(1) Save as provided in this section and in s 86, #HL_ST....

, was nevertheless " grave to him " by reason of some personal irritability or unreasonableness, howsoever induced, which rendered him specially liable to lose his self-control. ... R. 458, as a special concession to a person in a state of intoxication, should not be extended to a case where a person pleading provocation relies on an idiosyncrasy or weakness of the will induced by some other condition peculiar to himself. ... The majority of us have already decided that the modified test of gravity prescribed in pu....

Court Of Appeal Putrajaya

First, that self induced intoxication was not a defence under s 85 (2)(a). Second, the defence of intoxication under s 85(2)(b) of the a href="./.. ... Section 85(2) provides that self-induced intoxication, whether by drugs or alcohol, cannot provide a defence to a criminal charge unless the accused becomes so intoxicated to such a degree that he did not know the nature of his act, or that his actions were wrong or contrary to law. ... Penal Code was not proven ie ....

2022 0 Supreme(Ker) 611

Hence, a case of intoxication would also fall under its sweep irrespective of whether it is self induced or not. The Apex Court in Sona Bala Bora and Others v. ... A self induced mental impairment or unsoundness of mind due to intoxication cannot be brought under the purview of Section 84 IPC or the expression unsoundness of mind incorporated therein. ... In other words, a complete deprivation of knowing the consequences of his act due to some other reason such as self#HL_END....

2021 0 Supreme(SC) 259

The learned Author discusses about ‘acute alcohol intoxication’. We may, at once, observe that under the Exclusion Clause, the Court need not be detained by either condition. He also talks about chronic poisoning of habitual drinker.

2017 0 Supreme(Ker) 1226

Mere consumption of alcohol or liquor is not at all sufficient to bring a person under the exception of "intoxication". "Intoxication" stands for something which would affect the balance of the person considerably so that he could not maintain himself or to safeguard himself due to the influence of alcohol or drugs. Mere consumption of alcohol will not bring a person within the exception "intoxication" unless the ingredients which constitute the exception "intoxication" are brought out. The expression "intoxication" stands for drunkenness, inebriation, insobriety due to inf....

Consumer

9. Intoxication is perceived as a state of mind in which a person loses self-control and his ability to judge. In the present case, except for a mere noting in the Final Opinion Report and the FSL report, no test had been done to ascertain whether Blood alcohol concentration (BAC) had exceeded the legally stipulated limit. As per Sections 185 and 202 of the Motor Vehicles Act, it would be considered intoxicated only if the person is tested and found to have more than 30 mg of alcohol in his blood, per 100 ml.

Consumer

As per Sections 185 and 202 of the Motor Vehicles Act, it would be considered intoxicated only if the person is tested and found to have more than 30 mg of alcohol in his blood, per 100 ml. Intoxication is perceived as a state of mind in which a person loses self-control and his ability to judge. In the present case, except for a mere noting in the Final Opinion Report and the FSL report, no test had been done to ascertain whether Blood alcohol concentration (BAC) had exceeded the legally stipulated limit.

2009 0 Supreme(All) 2768

(b) Whilst under the influence of intoxication of liquor or drugs; (c) Whilst engaging in aviation or ballooning or whilst mounting into dismounting from or travelling in any balloon or aircraft other than as a passenger fare paying or otherwise is any duly licensed standard type of aircraft anywhere in the world. Standard type of aircraft means any aircraft duly licensed to carry passengers (for hire or otherwise) by appropriate authority irrespective of whether such an aircraft is privately owned or charted or operated by a regular airline or whether such an aircraft has ....