Anticipatory Bail on the Ground of Intoxication and Influence of any Narcotics | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |

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“Intoxication and influence of narcotics is a valid criminal defense and a valid ground for the grant of anticipatory bail in a criminal case. The alleged accused has to prove that he/she was under the influence of an external agent and was not in his/her conscious. Further, the Court shall also examine before granting bail is to whether the influence was voluntary or non-voluntary. The entire criminal trial involves around the mens rea to commi an offense or crime or not.”

Anticipatory bail can be sought on the ground that the alleged offence was committed by the accused when he/she was intoxicated or under the influence of any narcotics. The accused has to argue that at the time of committing the alleged offence he/she was not in his/her senses.

Grant of Anticipatory Bail on the Ground of Intoxication and Influence of any Narcotics: Best Criminal Lawyer Advice
Intoxication is stated as a defense in Section 85 and 86 of Indian Penal Code, 1860. It means that if a person under the influence of intoxication committed any crime, then he/she can take intoxication as a defense against the alleged offence. But it’s not as simple as it looks. Only in case of involuntary intoxication the accused is given defense.

Involuntary intoxication means the act of intoxication against the will of the person or the person who has no knowledge and by the reason of intoxication the person is incapable of understanding the consequences and nature of the act he/she committed. Involuntary intoxication is defined under Section 85 of the Indian Penal Code, 1860.

The Section 86 of the Indian Penal Code, 1860 defines voluntary intoxication. It means when a person willingly gets himself/herself intoxicated and under the influence of that intoxication the person commits an offence of which he/she has particular intent or knowledge. This is not a defence to the accused and is not in favour of the accused.
So, intoxication can be used as defence and grounds for anticipatory bail but that intoxication must be against the will of the accused who is alleged to have committed the offence.

Generally people don’t use it as ground for seeking bail as it means that the accused is accepting that he/she have committed the alleged offence but it is not to be ignored that many time the order of acquittal is granted to the accused where it is proven that the accused was under involuntary intoxication and had no knowledge of the act committed by him.
Authored By: Adv. Anant Sharma & Anjali Swami