Which of the following situations would exempt an accused from criminal liability on grounds of intoxication?

• A A man drinks heavily by choice and assaults his neighbour
• B A woman is unknowingly given a sedative-laced drink and injures a bystander while confused ✓
• C A man with alcohol dependence commits theft to fund his drinking
• D A habitual drinker commits assault after consuming his usual quantity of alcohol

Explanation

Only involuntary intoxication, administered without knowledge or against the person's will, is recognised as a defence, because it produces a state comparable to unsoundness of mind. Self-induced intoxication is expressly barred as a defence, whether habitual or occasional. Option C tempts candidates who think dependence is a mitigating disease state, but Indian law treats voluntary drinking, whatever its motive, as no excuse.

Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.

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