LEGAL PRINCIPLE: A person can be benefited under private defence in case of intoxication. FACTUAL SITUATION: Ram Lal got drunk voluntarily and on his way to his house, he assaulted a policeman. Which of the following is correct?
A
Ram Lal cannot be liable because he was drunk
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B
Ram Lal cannot be liable because he get benefit under private defence
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C
Ram Lal can be liable because he got drunk voluntarily
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D
None of the above
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Solution
The correct option is C Ram Lal can be liable because he got drunk voluntarily The principle restates general exceptions given under section 76-106 of IPC. Nothing is an offence done by a person who was intoxicated and did the alleged act in intoxication.
Therefore, even though Ram lal was intoxicated while committing the offence. he is liable since he was voluntarily intoxicated.