What is Section 86 IPC? Offence requiring a particular intent or knowledge committed by one who is intoxicated
Published on: Lawiz Team
Detailed explanation of Section 86 IPC: Offence requiring a particular intent or knowledge committed by one who is intoxicated.
Official Legal Text
In 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 knowledge or intent, in the same manner as he would be liable had he not been intoxicated, unless the intoxication was involuntary.
What This IPC Section Means – Explained in Simple Words
Section 86 of the Indian Penal Code states that voluntary intoxication does not exempt a person from criminal liability, especially when specific intent or knowledge is required.
Purpose
The purpose of Section 86 is to clarify legal immunity or liability based on age, mental state, or consent as specified in the IPC.
Bailable or Not Bailable & Punishment
Bailable: Depends on the specific offence, Punishment: Punishment is as per the offence, but the state of intoxication must be considered.
Scope and Application
Section 86 applies in situations where the individual’s age, mental condition, or the nature of consent influences legal responsibility.
Important Legal Points
This section highlights how legal responsibility can be influenced by factors such as age, consent, or mental state.
Illustrative Example
A person voluntarily consumes alcohol and then commits an assault. They cannot use intoxication as an excuse under Section 86.
Exceptions and Special Cases
Discusses any exceptions or specific scenarios where Section 86 may not apply.
Conclusion
Section 86 provides a nuanced approach to legal responsibility considering specific circumstances.
FAQs
What does Section 86 IPC define?
Offence requiring a particular intent or knowledge committed by one who is intoxicated.
What is the legal scope of Section 86 IPC?
It defines how offence requiring a particular intent or knowledge committed by one who is intoxicated is treated under Indian Penal Code.
When is Section 86 IPC applicable?
In cases involving offence requiring a particular intent or knowledge committed by one who is intoxicated circumstances or actions.
Are there exceptions under Section 86 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 86 IPC?
Real case laws often refer to offence requiring a particular intent or knowledge committed by one who is intoxicated in specific judgments.
Is Section 86 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 86 IPC?
Courts interpret it in line with judicial precedent and legislative intent.