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.
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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