Act of a person incapable of judgment by reason of intoxication caused against his will
AI Assist
Summary
An act done by a person who, because of intoxication, cannot understand the nature of the act or that it is wrong is not treated as an offence. The protection applies only when the intoxication caused that incapacity. It does not apply if the intoxicant was given without the person’s knowledge or against their will.
Example
Ravi drank heavily at a party and, while unaware of his actions, smashed a stranger’s phone. Because he was incapable of understanding the act, it would not be an offence under this rule. If someone had slipped a drug into his drink without his knowledge, however, this protection would not apply and he could be held responsible.
Bare Act
Enacted textNothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; unless that the thing which intoxicated him was administered to him without his knowledge or against his will.
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