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Forensic Medicine · Forensic psychiatry: involuntary intoxication
Sample itemA man given a drink laced with a sedative without his knowledge assaults someone, being unable to understand the nature of his act. How does Indian law treat his act?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
D. Excused, because the intoxication was administered without his knowledge or against his will
Indian criminal law excuses an act done by a person who, through intoxication caused without his knowledge or against his will, was incapable of knowing its nature or that it was wrong. Voluntary intoxication is no defence, though it may be considered in judging intention in some situations.
Option by option
A. Not excused, but the sentence is halved
There is no provision that halves the sentence in this situation.
B. Excused only if he had become intoxicated voluntarily
Voluntary intoxication is not a defence, which is the opposite of this option.
C. Not excused, because intoxication never affects criminal liability
Intoxication does not always preclude responsibility, but involuntary intoxication does.
D. Excused, because the intoxication was administered without his knowledge or against his will (correct)
Involuntary intoxication with incapacity is a defence.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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