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Judgment
Sawant, J.
(Paras 1 to 27 xxxxxxxxxxxx)
We may now examine the defence case for the protection of the general exception under S. 86 of I.P.C. which is the alternate defence set up. Before we do so, it is necessary to appreciate the precise implications of S. 86. The reading of Sections 85 and 86 together makes it clear that S. 86 is an exception to S. 85. Section 85 reads as follows :-
"Nothing 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; provided that the thing which intoxicated him was administered to him without his knowledge or against his will."
These provisions show that if the intoxication is induced voluntarily, the act done is an offence even if the person is incapable of knowing the nature of the act or that what he is doing is either wrong or contrary to law. This section obviously covers all offences. That is why, it appears, it became necessary to enact S. 86 to take care of offences requiring a particular intent or knowledge on the part of the intoxicated offender. The section takes care of such offences and states that if intoxication is involuntary, neither knowledge nor intention in committing the offence will be presumed. If however, it is voluntary only knowledge of the offence on the part of the offender will be presumed but not intention in committing it. That according to us what S. 86 means and no more as compared to S. 85. The degree of intoxication demanded by both sections however remains the same. In fact, it is instructive to note that S. 84 which exempts persons of unsoundness of mind also expects the degree of unsoundness to the same extent viz. incapability of knowing the nature of the act or of the knowledge that what is being done is either wrong or contrary to law. Hence the conclusion is inescapable that to avail of the exception under S. 86, the degree of intoxication of the offender must be such that he is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law. Intoxication short of this degree will not entitle the offender to the benefit of the exception.
This construction of S. 86 must follow by reading it, as we do, as an exception to S. 85. Even otherwise, we are of the view, that it is not possible to construe the said section to mean that it permits intoxication of a lesser degree. Apart from the difficulty defining such degree of intoxication, it will open a door for imponderable problems leading to untold and unhealthy consequences.