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Piyush Mapari   11 May 2021

Defence against IPC 324,34,326

My client cum friend who got into a fight with his friends and his father, now has a FIR on his name with the above sections applied. He was in Police custody for two days now out on bail. today I tried to dig some information from the petitioner then I came to know that he was accusing my client that they were intoxicated at the time of the crime. the previous lawyer of my client didn't think this was a point to argue on. but I think I can use insanity as a defence. Any opinions?

 5 Replies

Dr J C Vashista (Lawyer)     12 May 2021

It is better to consult a local senior for proper appreciation of facts/ documents and guidance.

Sankaranarayanan (Advocate)     12 May 2021

Yes you can get clarity from the local lawyer as  advised  by the expert

Pradipta Nath (Advocate)     12 May 2021

Every arguments have to be backed by evidences. If you have proof, you can definitely place it during submission of evidences and point it during argument!

P. Venu (Advocate)     12 May 2021

Yes, any suggestion depends upon the evidence that could be presented and proved.

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

Intoxication cannot be termed as insanity. 

Intoxication is perceived as a state of mind in which a person loses self control and his ability to judge.

In order for a person escape liability under S. 85 of the IPC on grounds of involuntary intoxication he must be able to fulfill the following three conditions:

a) The person should be incapable of knowing the nature of the act.
b) The person should be incapable of acting and thinking in a responsible manner and in all possibility isn’t aware that his act is prohibited by the law.
c) The source of intoxication must have been given forcefully or someone should have induced the person to consume it.

Section 86 deals with intoxication which is self- induced. Such intoxication which results in an offence follows the principle that one who sins when drunk be punished when he is sober.

 For example, if a person who has consumed too much liquor, takes a knife from his house and goes with the intention to kill a person but instead kills a person who tried to pacify him, his act would amount to murder once he is sober


In simple words, legal insanity means, at the time of the commission of the act, the person should be suffering from mental illness and also have a loss of reasoning power. This issue is clearly depicted in Section 84 IPC as that person incapable of knowing:

1. The nature of the act, or

2.    That he is doing what is either wrong or

3.     Contrary to law.

Mere abnormality of mind or partial delusion, irresistible impulse or compulsive behavior of a psychopath affords no protection under Section 84 IPC.


On the basis of the explanation given to your query, you may dcide what you can do about it.

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