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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 IntoxicationModule 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) Countries0 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.