MODULE No. 13 : Legal Provisions Regarding Intoxication

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

Subject FORENSIC SCIENCE

Paper No and Title PAPER : 5, Forensic Chemistry & Explosives Module No and Title

13, Legal Provisions Regarding Intoxication

Module Tag 13

TABLE OF CONTENTS 1. Learning Outcomes 2. Introduction

3. Dry Days

4. Legal Drinking Age in Various States of India 5. Public Intoxication

6. Legal Aspects of Intoxication 1. Licensing Laws 2. Drunkenness

3. Drunk Driving Laws 4. Alcohol Advertisements

7. Provisions of I.P.C. Regarding Intoxication

8. Summary

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

1. Learning Outcomes

After studying this module, you shall be able to know

· Problem associated with the term ‘Alcohol Intoxication’.

· About the Dry Days and legal age of drinking in various states of India

· Concept behind the term ‘Public Intoxication’

· Drunk Driving Law.

· Provisions of I.P.C. regarding Intoxication

2. Introduction

Intoxication with alcohol is the basic theme of certain charges such as drunk and misconduct or drunk-driving. However, in various other crimes, intoxication can impose a much complicated issue of criminal liability.

About 60% of property & violent crimes are committed after consuming any drug including alcohol. Under 7th schedule of Indian constitution, alcohol is mentioned as a subject matter in State List. Thus, regulations regarding alcohol vary among different states.

In India, liquor is usually sold at hotels, liquor stores, pubs, etc. Some states, like Tamil Nadu, prohibit the ownership of liquor stores by private parties. In certain states, departmental stores, groceries, banquet halls, etc are free to sell liquor.

Giving special reference to the capital of our country, in Delhi, home delivery of alcoholic beverages is not permitted. But home delivery of wine & beer is permitted. On the other hand, it is completely legal to sell beer at farm houses, departmental stores & banquet halls in Delhi.

3. Dry Days

Those specific days when the sale & purchase of alcohol is banned are known as dry days. In India national holidays like Republic Day, Gandhi Jayanti, etc are generally dry days.

Festivals of different states also observe dry days. These are fixed by the respective state government. These dry days are observed to maintain peace & order during the festival days.

These are also observed near voting days.

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

4. Legal Drinking Age in Various States of India

State/ UT Drinking Age

Andaman and Nicobar Islands

Andhra Pradesh 21

Arunachal Pradesh 21

Assam 21

Bihar 21

Chandigarh 18

Chhattisgarh 21

Delhi 25

Goa 18

Gujarat Illegal

Haryana 25

Himachal Pradesh 18

Jammu and Kashmir 21

Jharkhand 21

Karnataka 18

Kerala 21

Lakshadweep Illegal

Madhya Pradesh no data

Maharashtra

No limit (wine) 21 (beer) 25 (Other)

Manipur Illegal

Meghalaya 25

Mizoram Illegal

Nagaland Illegal

Orissa 21

Puducherry 18

Punjab 25

Rajasthan 21

Sikkim 18

Tamil Nadu 21

Uttar Pradesh 18

Uttarakhand 21

West Bengal 21

As indicated clearly in the above table, different states have different age specified for legal drinking. Some states, on the other hand, like Gujarat, completely prohibit alcohol consumption.

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

5. Public Intoxication

Public intoxication is an offense related to rated to display of drunkenness in public places. Laws

& ordinances at local as well as state levels, considers public intoxication as an offence. A person is guilty of the offence of public intoxication if he appears to be intoxicated either by alcohol or any other drug in a public place to such an extent that he may cause any harm to the body or property of himself or of any other person. The only defense available for the prosecution of public intoxication is that administered drug was taken therapeutically under the prescription of a licensed physician.

Laws related to public intoxication vary widely among countries. In this context, the term

"Public" usually refers to the outdoor spaces like parks, roads, etc. Even though places like pubs, bars, etc. are open for public still drinking there does not constitute an offence. In some countries, such as India, and in larger regions, like Muslim ones, drinking in public is totally banned. On the other hand, some countries, like Spain, Germany, UK, etc drinking in public is acceptable

socially.

Offence of public intoxication may be punished by short term imprisonment or fine or both. It is not the BAC that defines the public intoxication; rather the disruptive behavior of the abuser is the key. This concept is very well distinguished from that of Driving Under Intoxication as that chiefly depends upon BAC. In legal context, BAC is required to determine the seriousness of the offence & thus helps in fixing the penalties. The following is an example of a local ordinance dealing with public intoxication:

6. Legal Aspects of Intoxication

Alcohol is one of the most commonly consumed intoxicating substance all over the world. The legal aspects can be summarized under:

6.1 Licensing Laws

‘WHO’ has recommended that governments should to reduce the consumption of alcohol by making its availability difficult. Directive Principles of State Policy of Indian Constitution also puts some prohibitions.

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

As alcohol comes under as a subject matter in the State List of the Indian Constitution, every state has the legislative power to make the policies regarding alcohol. Prohibition was introduced and then withdrawn in Andhra Pradesh & Haryana. In the mid 1990s, it implied in Gujarat, with partial restrictions in other states like Delhi, for example, has dry days. In Delhi, Excise department controls the liquor sale.

Similarly Bombay Prohibition Act, 1949, prohibits the manufacture, production, manufacture, importation, possession, exportation, importation, use, sale, purchase, transportation, purchase, sale & consumption of all intoxicants.

6.2 Drunkenness

Drunkenness may be defined as the physiological state induced by the consumption of alcohol in which the person loses his self- control and thus, becomes unable to execute his doings on which he is engaged at that time.

6.3 Drunk Driving Laws

Across the world, acceptable value of BAC varies among different countries. As BAC rises, there is a gradual decline in the driving skills due to impaired concentration, over confidence, increased reaction time, degraded muscle coordination and decreased auditory & visual sensitivity.

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

Permissible limit of Alcohol in Blood in Different Countries

Permissible limit (mg/dl) Countries

0 Pakistan, UAE, Saudi Arabia 20 Poland, Norway

30 India, China

50 Italy, France, Australia, Russia 80 UK, Canada

BAC limits are fixed at 0.03% or 35 µl alcohol in 100 ml blood in India.

The Motor Vehicles Act, 1988 is an act of the Parliament of India which regulates all aspects of road transport vehicles. The Act came into force from 1 July 1989. It took the place of Motor Vehicles Act, 1939 which earlier have replaced the Motor Vehicles Act, 1914.The Act provides in detail the legislative provisions regarding registration of motor vehicles, licensing, insurance permits, traffic regulation, state transport undertakings, offences liabilities & penalties.

6.3.1 Important Sections

In Motor Vehicle Act, the Union Cabinet approved changes on 1.03.2012. According to the revised provisions, drunk driving would attract higher penalty & jail terms - fines ranging from

2,000 to 10,000 & imprisonment ranging from 6 months to 4 years. Drink driving will be graded according to BAC.

BAC less than 30 mg/100 ml does not constitute an offence. However, if it is between 30–

60 mg/100 ml, it would attract a penalty of imprisonment of 6 months and/or 2,000 fine. Whwn BAC is 60–150 mg/100 ml, it would be punished with imprisonment of one year and/or 4,000.

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

6.4 Alcohol Advertisements

Under Cable Television Network Amendment Bill (8.09.2000), advertisement of alcoholic beverages has been completely prohibited in India. Alcohol companies are often permitted to advertise by the private channels by adopting the alternate means like selling the brand name for water, soda, etc. but the government is strictly follows the rule and does not permit the broadcasting of such advertisements on its channel, Doordarshan.

8. Provisions of I.P.C. Regarding Intoxication

Chapter-IV (General Exceptions) of the IPC, 1860 exonerates such persons who are incapable of judging the nature & consequences of the acts done by them. Involuntary intoxication is a defense to the wrong-doer. Sections 85 & 86 of Chapter-IV explain the provisions pertaining to the wrongful acts done under the influence of intoxication.

Law considers drunkenness as a species of madness for which the man is to be blamed and should therefore be condemned. However, the different arise in the situation on the basis of knowledge and will of intoxication. Thus, drunkenness is either voluntary or involuntary. The later can be excused (under certain circumstances), but the former is no excuse.

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

Ingredients:

8. Summary

· About 60% of property & violent crimes are committed after consuming any drug including alcohol. Under 7th schedule of Indian constitution, alcohol is mentioned as a subject matter in State List. Thus, regulations regarding alcohol vary among different states.

· Those specific days when the sale & purchase of alcohol is banned are known as dry days. In India national holidays like Republic Day, Gandhi Jayanti, etc are generally dry days. Festivals of different states also observe dry days. These are fixed by the respective state government. These dry days are observed to maintain peace & order during the festival days.

· Public intoxication is an offense related to rated to display of drunkenness in public places. Laws & ordinances at local as well as state levels, considers public intoxication as an offence. A person is guilty of the offence of public intoxication if he appears to be intoxicated either by alcohol or any other drug in a public place to such an extent that he may cause any harm to the body or property of himself or of any other person.

· BAC limits are fixed at 0.03% or 35 µl alcohol/100 ml blood. Any person whose BAC values are detected more than this limit, he will be liable for imprisonment of 6 months &

a fine odf about 2000.

· Across the world, acceptable value of BAC varies among different countries. As BAC rises, there is a gradual decline in the driving skills due to impaired concentration, over

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FORENSIC SCIENCE PAPER No.5: Forensic Chemistry & Explosives

MODULE No. 13 : Legal Provisions Regarding Intoxication

confidence, increased reaction time, degraded muscle coordination and decreased auditory &

visual sensitivity.

· Section 85 & 86 of I.P.C. deals with those acts which are done by a person in a state of intoxication.

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