IPC Section 281
📜 Text of Section 281, Indian Penal Code (IPC)
"Causing grievous hurt on intoxication, etc."
“A person who, in a state of intoxication caused by the voluntary use of any intoxicating liquor or drug, causes grievous hurt to any person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
🧠 Breakdown and Explanation
Section 281 IPC deals with the situation when a person causes grievous hurt to another while being intoxicated due to voluntary consumption of alcohol or drugs.
🔍 Key Components
State of Intoxication:
The person must be intoxicated, meaning under the influence of alcohol or drugs.
The intoxication should be voluntary — the person chose to consume the intoxicating substance.
Resulting Grievous Hurt:
The intoxicated person must have caused grievous hurt to another.
Grievous hurt is defined under Section 320 IPC and includes serious bodily injuries such as emasculation, permanent loss of sight, hearing, or limb, fractures, etc.
Punishment:
The person causing such injury while intoxicated can be punished with:
Imprisonment (either simple or rigorous) up to 2 years, or
Fine, or
Both imprisonment and fine.
⚖️ Legal Importance
Voluntary Intoxication: The law emphasizes that the intoxication must be voluntary — if someone is forced or unknowingly intoxicated, this section does not apply.
No Immunity for Intoxicated Acts: Intoxication is not a defense for causing serious injury to another person.
Mens Rea (Mental Element): Intoxication does not excuse the act of causing grievous hurt. The law holds a person accountable for harm caused even if under influence.
🧩 Summary Table
| Element | Explanation |
|---|---|
| Offense | Causing grievous hurt while intoxicated |
| State of Mind | Voluntary intoxication |
| Injury | Grievous hurt to another person |
| Punishment | Up to 2 years imprisonment or fine or both |
🔎 Example
A person drinks heavily and, in that state, injures someone seriously in a fight. Even though the person was drunk, Section 281 makes them liable for the injury caused.
RELATED Blog
0 comments