Intoxication as Defence for Criminal Liability

Abstract

A person can be intoxicated in a number of ways, but the most common way would either be drugs or alcohol. Intoxication and drunkenness is a consequence of drinking intoxicating liquors to such an extent as to alter the normal condition of an individual and significantly reduce his capacity for rational action and conduct. It can be asserted as a defense in civil and criminal actions in which the state of mind of the defendant is an essential element to be established in order to obtain legal relief. Intoxication is considered here as a defence whether complete or in part, but it should be noted that intoxication sometimes makes the crime more serious than it otherwise would have been, as in drink-driving. Law aims to do justice for all, in this case it clearly wouldn’t be justice if the drunken man is let go on the basis of mere intoxication. This paper will highlight how intoxication is given as a defence under Section 85 and 86 but it also is said that intoxication is not a very strong defense, and even if it serves to reduce the severity of a punishment, a person cannot escape completely from liability.