| Directions: Given below is a statement of legal principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among the alternatives. |
| Principle Voluntary drunkenness is not a defence under SS.85 and 86 of the CRPC |
| Facts A has in his possession a bottle of poisonous lotion for external application and a bottle of medicine for internal use. A in a drunken condition gives to his child announce of the poisonous lotion to drink as result of, which the child died Is a guilty of any offence? |
A) A is guilty of death caused by rash and negligent act
B) A is guilty of murder
C) A is not guilty, since he is in a drunken state
D) None of the above
Correct Answer: A
Solution :
A is guilty of death caused by rash and negligent act under Section 85 and 86 IPC Section 86 lays down 'In cases, where an act done is not an offence unless done with particular knowledge or intent, a person, who does the act in a state of intoxication shall be liable to be dealt with an if he had the same knowledge or he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his well. In the present case, the wine that intoxicated. It was taken by himself. It was not administered to him without his knowledge or against his well.
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