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Ranvijay Kumar Vijay   05 January 2018

Case Laws in Accidental unintended Commission of a crime.

I'm in Bihar where there is total prohibition on all sorts of alcohol (except that contained in medicines). Moreover, the law clearly mentions that being found in a state of "drunkenness" (even in case of consumption of a medicine) shall be a punishable offence. The law doesn't explicitly mention any exceptions regarding "drunkenness" caused by accidental and/or unintended overdosing. I was duly prescribed a homoeopathic medicines in liquid form (containing 90% alcohol), for sleeplessness, sleep deprivation >72 hours and painful inguinal hernia. In a confused state of mind caused due to extreme sleep deprivation, I misunderstood the instructions of the doctor and took 30ml. of (in place of actually prescribed 30 drops of each) with ample water. I also mistakenly repeated the medication too frequently at half an hour for 4 times. Unbeknown to me at that time that the medicine contained 90% alcohol, I had consumed around 90ml. of it. (roughly equivalent to 180ml. of whiskey) I was arrested for drinking liquor and had to undergo a breath analyser test. Question 1. Can I get some relief on the ground that the said overdosing was unintended and accidental, despite such an exception not been explicitly mentioned in the law? I have the prescripttion and other corroborating Evidence to prove that the accidental overdosing was caused primarily due to my confused state of mind and decreased cognition caused by extreme sleep deprivation? Question 2. Since the Prohibition law is quite new, there is a dearth of case-laws pertaining directly to it. Could you please cite some case-laws wherein offenders were aquitted only because the offence was committed accidently and unintentionally (especially where such an exception was not explicitly mentioned in the concerned law)? Footnote: A. The concerned law: https://nyaaya.in/law/858/the-bihar-prohibition-and-excise-act-2016/ B. Please refer to Sec. 37 (b) and the explanation therein that states: (a)� �Consuming intoxicant� includes consumption of any medicine or any ingredient of a medicine or medicinal preparation that may have an intoxicating effect. Explanation (b)- �drunkenness� includes drunkenness due to any medicine or medicinal preparation.


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 9 Replies

P. Venu (Advocate)     05 January 2018

Please post simple facts.

Ranvijay Kumar Vijay   05 January 2018

The Bihar Prohibition & Excise Act 16 has penal provisions for being found drunk, even if the drunken state is because of any medicine. There's no explicit mention of exceptions in case of accidental/indeliberate overdosing of a duly prescribed medicine. My case is that I was on a duly prescribed homoeopathic medicine containing 90% alcohol, which I'd accidently overdosed upon just before being arrested. What laws/case laws/principles etc. can I rely upon for my defense, when the law doesn't explicitly mentions an exception in case of indeliberate/accidental overdosing of medicines containing alcohol?

Ranvijay Kumar Vijay   05 January 2018

The Bihar Prohibition & Excise Act 16 has penal provisions for being found drunk, even if the drunken state is because of any medicine. There's no explicit mention of exceptions in case of accidental/indeliberate overdosing of a duly prescribed medicine. My case is that I was on a duly prescribed homoeopathic medicine containing 90% alcohol, which I'd accidently overdosed upon just before being arrested. What laws/case laws/principles etc. can I rely upon for my defense, when the law doesn't explicitly mentions an exception in case of indeliberate/accidental overdosing of medicines containing alcohol?

P. Venu (Advocate)     05 January 2018

The fact posted is unconvincing; it is impossible that a person has been charged of being in a drunken state because of overdose of Homeopathic medicine, even if it contained 90% alcohol..

Ranvijay Kumar Vijay   06 January 2018

There are some types of homoeopathic medicines (not the ones administered in small sugar balls) that are taken in quite large doses of around 30 drops diluted in water. For eg. Passiflora Q, Passiflora 6X etc. The defendant misunderstood the doctor's instructions and took 30ml dose of such a medicine in place of the prescribed 30 drops, at a frequency of half an hour, it could easily become the cause of his intoxicated state. 90℅ of 3X30ml is equal to 81ml of pure alcohol which is roughly equal to alcohol contained in a 180ml liquor bottle. (The said medicine is meant for Sleeplessness and Anxiety disorder and the defendant was in a confused state of mind due to being awake for 72 hours straight, which gave rise to the misunderstanding regarding the dose). That's our defence, however unconvincing it may sound.

Sudhir Kumar, Advocate (Advocate)     06 January 2018

Even if the version is believed still it is clear case of you being drunk by misuing a prescripttion by doctor and taking overdose.

 

misusing medicines as intoxicant is not new

Ranvijay Kumar Vijay   06 January 2018

@Sudheer Kumar, Sir there surely is no doubt regarding the "Actus Reus" as the law prohibits, in very clear terms, the use of medicines for the purpose of intoxication. But, there is nothing on record in my knowledge that can serve as an evidence of "mens rea" in the present case.

Sudhir Kumar, Advocate (Advocate)     06 January 2018

first of all you have misspelt my name.  This is an insult.

Ranvijay Kumar Vijay   06 January 2018

@Sudhir Kumar, I assure you there was no 'mens rea' involved in misspelling your name. My sincerest apologies.

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