Intoxication Archives

Whether unavailability of ‘self-induced intoxication’ as a defence in cases of assault, withstands the challenge of constitutionality? SC of Canada answers

Supreme Court of Canada: The instant matter revolved around a challenge to the constitutionality of Section 33.1 of the Criminal Code which

Op Eds OP. ED.

Rape or No Rape —That is the Question: An Analysis of Consent on the Basis of a Promise to Marry

by Sudhanshu Chaudhari* and Amit Pai**

Case Briefs High Courts

Ker HC | Presence at a Police Station while being under influence of alcohol; will it attract any offence? HC decides

Kerala High Court: Sophy Thomas, J., quashed proceedings against the petitioner who was charge sheeted for being under the influence of alcohol

Case Briefs Supreme Court

No blood or breath analyser test proving drunk driving? Insurer may still establish a case for exclusion from liability: Supreme Court

“Merely because there is no test performed, the Insurer would not be deprived of its right to establish a case which is well within its rights under the contract.”

Case Briefs Foreign Courts

Legislative definition of ‘mentally incapacitated’ does not include a person who is voluntarily intoxicated by alcohol. Minnesota SC reverses rape conviction

Supreme Court of Minnesota: While deciding instant matter wherein the Court had to determine whether the appellant committed a third-degree criminal sexual

Case Briefs High Courts

Gau HC | Convict’s intoxicated condition and subsequent conduct renders conviction for murder modified for culpable homicide

Gauhati High Court: A Bench of Achintya Malla Bujor Barua and Mir Alfaz Ali, JJ., modified a conviction for murder to that of