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प्रश्न
Principle: Nothing is an offense if it is done under intoxication and the person committing the offense was incapable to understand the nature of the Act. Intoxication should be without the knowledge or against the will of the person.
Facts: A, B and C were having a party in Bar where A persuaded B and C to take alcoholic drinks. On the persistent persuasion B and C also consumed alcohol along with A. B and C had never consumed alcohol before. After intoxication, there was some argument between B and C where C pushed B with full force causing serious injury to B.
विकल्प
C is liable
C is not liable because he was intoxicated
A is liable because A pursuaded them to consume alcohol whereas they had never consumed alcohol
A and C both are liable
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उत्तर
C is liable
Explanation:
According to the principle, a person under intoxication is not liable for an offence if intoxication is without his knowledge or against his will. In this case, C had the knowledge of his intoxication and it happened with his consent. In other words, C was persuaded, not forced to drink.
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