Offence requiring a particular intent or knowledge committed by one who is intoxicated
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Summary
If an offence only exists when done with a particular knowledge or intent, being intoxicated does not excuse you. A person who does the act while intoxicated is treated as if they had the same knowledge or intent they would have had sober. Exception: if the intoxicant was given without their knowledge or against their will.
Example
Ravi drinks at a party, then takes a neighbour's phone from a table and later says he was too drunk to know it was not his. Theft requires a dishonest intention. He will be treated as if he had the same knowledge as if sober and can be held liable, unless his drink was spiked without his knowledge or against his will.
Bare Act
Enacted textIn cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as 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 will.
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