CRIMINAL LIABILITY OF AN INTOXICATED PERSON
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Section 85 of Pakistan penal code lays down that nothing is
an offence whis is done by a person who, at the time of
doing it, is by reason of intoxication, incapable of knowing
the nture of 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.
The ingredients of this section are that a person will be
exonerated from liability for an act done while in a state of
intoxication if he at the time of doing it, by reason of
intoxication was:
1. incapable of knowing the nature of the act.
2. That he was doing what was either wrong or contrary to
law.
3. That the thing which intoxicated him was administered to
him without his knowleged or against his will.
Voluntary drunkness is no excuse for the commission of the
crime. But if a man is made drunk through stratagem or the
fraud of others, or through ignorance, or through any other
means against his will, he is excused.
Section 86 of pakistan penal code further says that a person
voluntarily drunk will be deemed to have the same
knowledge and liable for the consequences as he would
have had if he had not intoxicated. The section attributes to
a drunken man the knowledge of a sober man when judging
of his action , unless the thing which intoxicated him was
administered to him without his knowledege or against his
will.