An alcoholic patient is brought for medical examination for alleged assault of his neighbour. On examination, abnormal behavior with irrelevant talk is noted. He has history of abstaining from alcohol for past 4 days and is diagnosed to be a case of delirium tremens. What is true according to the Indian Penal Code?

     A. He is criminally responsible for his act

     B. He is partially responsible for his act

     C. Have diminished responsibility of his act

     D. Not responsible for his act under section 84 IPC.

Answer: D.

Explanation:

Delirium tremens is a severe form of alcohol withdrawal that involves sudden and severe mental or nervous system changes. It is considered as unsoundness of mind and not of intoxication. Thus if Delirium tremens can be proved, the person cannot be held responsible for his offence under section 84 IPC.

Sec 84 IPC: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

"In order to relieve a person of criminal responsibility, it must produce a disease of mind such as delirium tremens"- Crime law and Police science, James Vadackumchery.