Introduction of IPC 86
Sometimes people commit illegal acts while under the influence of alcohol or drugs. IPC Section 86 deals with such situations and provides guidelines on how to handle offenses committed by intoxicated individuals.
- Introduction of IPC 86
- What is IPC Section 86 ?
- IPC Section 86 Overview
- IPC 86 Punishment
- 86 IPC bailable or not ?
- Difference between section 85 and 86 IPC
- Section 86 IPC in short information
- IPC 86 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is IPC Section 86 ?
IPC Section 86 deals with the legal consequences of committing a crime while under voluntary intoxication. It states that a person is responsible for their actions even if they were under the influence of intoxicating substances they consumed willingly.
IPC Section 86 Overview
IPC 86 states that if the accused person had become intoxicated involuntarily and without any fault or negligence on their part, then nothing is an offense which is committed by that person while in a state of intoxication.
Key Point 1 – Intoxication Defense: This law allows people who committed an offense while intoxicated to use intoxication as a potential defense against criminal charges.
Key Point 2 – Involuntary Intoxication: It only applies if the person became intoxicated involuntarily, without any fault or negligence on their part.
Key Point 3 – Inability to Form Intent: If the requirements are met, the person is considered incapable of forming the necessary criminal intent or mens rea for the offense due to their intoxicated state.
Key Point 4 – Case-by-Case Evaluation: Each case is individually evaluated based on evidence regarding the circumstances of the person’s intoxication.
Key Point 5 – Public Policy Considerations: The aim is to balance public safety concerns with fairness towards individuals who became intoxicated through no fault of their own.
Key Point 6 – Strict Legal Requirements: Specific legal criteria must be strictly met for the intoxication defense to apply, as it involves overriding criminal liability.
IPC 86 Punishment
There is no direct punishment or fine prescribed under IPC 86 itself.
It serves as a potential legal defense against criminal liability if the criteria are fulfilled.
86 IPC bailable or not ?
Non-Bailable: If the crime itself is non-bailable, then the offense under Section 86 will also be considered non-bailable.
Bailable: If the crime is bailable, then the offense under Section 86 will be treated accordingly.
Difference between section 85 and 86 IPC
| Section | Section 85 | Section 86 |
|---|---|---|
| Definition | This section deals with acts committed by a person who is incapable of judging the nature and consequences of their conduct due to intoxication caused against their will. | This section deals with acts committed by a person who is in a state of intoxication, provided that the intoxication was caused involuntarily and without any fault or negligence on their part. |
| Requirements | For Section 85 to apply, the following conditions must be met: <br>1. The person was in a state of intoxication. <br>2. The intoxication was caused against their will or without their knowledge. <br>3. Due to the intoxication, the person was incapable of knowing the nature of their act or that what they were doing was wrong or contrary to law. | For Section 86 to apply, the following conditions must be met: <br>1. The person committed an act while in a state of intoxication. <br>2. The intoxication was caused involuntarily and without any fault or negligence on the part of the person. |
| Purpose | The purpose of Section 85 is to provide a legal defense for acts committed by a person who was intoxicated against their will and was unable to understand the nature and consequences of their conduct due to the intoxication. | The purpose of Section 86 is to provide a legal defense for acts committed by a person who was in a state of intoxication, provided that the intoxication was caused involuntarily and without any fault or negligence on their part. |
| Burden of Proof | In the case of Section 85, the burden of proof lies with the accused to establish that they were intoxicated against their will and were unable to understand the nature and consequences of their conduct due to the intoxication. | In the case of Section 86, the burden of proof lies with the accused to establish that their intoxication was caused involuntarily and without any fault or negligence on their part. |
| Applicability | Section 85 applies to cases where the intoxication was caused against the person’s will or without their knowledge, and as a result, they were unable to understand the nature and consequences of their conduct. | Section 86 applies to cases where the intoxication was caused involuntarily and without any fault or negligence on the part of the person, regardless of whether they were able to understand the nature and consequences of their conduct. |
Section 86 IPC in short information
| Offense | Definition | Punishment | Bailable or Not |
|---|---|---|---|
| Voluntary Intoxication (Section 86) | Committing an act under voluntary intoxication (with knowledge/consent) | Punishment according to the committed crime | Depends on the underlying crime |
IPC 86 FAQs
Is an Offense Under IPC 86 Bailable?
The question of bail is not directly relevant, as IPC 86 pertains to whether an offense was actually committed based on the person’s state of intoxication.
Does voluntary intoxication qualify?
No, the intoxication must have been involuntary and without any fault or negligence on the person’s part.
What is IPC Section 86 about?
IPC Section 86 deals with crimes committed under voluntary intoxication.
Can voluntary intoxication be used as a defense in court?
No, voluntary intoxication does not exempt a person from legal responsibility.
What must be proven for IPC Section 86 to apply?
It must be proven that the individual was voluntarily intoxicated when the crime was committed.
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