Law Answer Writing Practice 2018 - Week 2 - Question 1

90 Days Law Answer Writing Practice Question 1 for 19-Nov-2018

Instructions for Writing Answer

1. Write your answers in the comment section.

 

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

19-Nov-2018 - Question 1

"Involuntary drunkenness a defence". Critically examine the law relating to intoxication as defence. (2013). - 150 Words
For Question 2 - Click Here

Model Answer

The Indian Penal Code in sections 85 and 86 have provisions relating to acts committed by a person by reason of intoxication in mitigating the rigours of law. It is seen as equivalent to being insane, as in both the cases a person is in the state of lunacy I.e. dementia offectatia, where the function of the mind is temporarily suspended.
 
It was held in Director of Public prosecution vs Beard that no one can be permitted to wear the cloak of immunity by getting drunk, and so voluntary drunkenness is not a defence and is never an answer to a criminal charge.
 
It is involuntary drunkenness which is a defence and in order to claim exemption from criminal liability on the ground of involuntary intoxication, a person must establish –
A) He was incapable of knowing the nature of the act, or
B) He was doing what was either wrong or contrary to law, and
C) He was intoxicated without his knowledge or against his will.
 

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

 

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