Question

If Sheela commits an assault followed by attempt to murder of Neha in a bar after consuming intoxicating substances, what will be the charge on her? Or will she get defence of intoxication?

A Sheela is subjected to defence under S. 86 of IPC. Correct Answer Incorrect Answer
B Sheela has consumed intoxicating substances in the bar therefore she will not be charged and is subjected to General defences. Correct Answer Incorrect Answer
C Sheela will be tried due to involuntary intoxication Correct Answer Incorrect Answer
D Sheela will be charged unless she was administered the intoxicating substance against her will. Correct Answer Incorrect Answer

Solution

As per S. 85 of IPC S. 85. Act of a person incapable of judgment by reason of intoxication caused against his will.— 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.  

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