Under Section 85 IPC, voluntary intoxication is:
Answer & Solution
Correct answer: C.
1. Section 85 IPC excuses an act done by a person who, at the time, was INCAPABLE of knowing the nature of the act or that he was doing wrong, by reason of intoxication, PROVIDED that 'the thing which intoxicated him was administered to him without his knowledge or against his will'.
2. Hence the defence is only for INVOLUNTARY intoxication.
3. Section 86 deals with offences requiring particular knowledge or intent committed under VOLUNTARY intoxication — same knowledge presumed as if sober.
4. Beard's case is the parent common-law authority; Bablu v. State of Rajasthan, (2007) 12 SCC 217 follows it.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 85 (read with Section 86); Director of Public Prosecutions v. Beard [1920] AC 479_
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