Fact of the case :

Accused raped a girl of 13 years of age, and in aid of the act of rape he placed his hand upon her mouth to stop her from screaming, at the same time pressing his thumb upon her throat with the result that she died of suffocation. The defence given that accused was so drunk that he was unable to understand the severity of his act. The accused was convicted for murder, for the act due to which she died of suffocation.

Issue involved:

Does voluntary drunkenness be treated as an excuse for criminal misconduct?

Held : The court found him guilty of murder under Section 300 because the act of suffocation was not separate from the act of rape and demonstrated an intent to kill the girl.

Therefore, we can conclude that voluntary intoxication may be a mitigating factor in some cases. However, in most instances, it is considered an aggravating factor, as individuals may be encouraged to commit crimes and evade punishment by relying on the defence of voluntary intoxication in the Indian Penal Code.

Note:

The test of criminal responsibility in the case of drunkenness is not the same is in the case of insanity under Section 84 of IPC (Section 22 of BNS, 2023).