Introduction
In legal terms, a person is anyone who possesses certain legal rights and duties. This definition extends to both real and imaginary entities. The legal status of lunatic and drunken persons is a complex area, requiring careful consideration of their capacities and the implications of their actions under the law.
Definition of Legal Status
The term “person” originates from the Latin word “persona,” meaning a mask worn by actors. Legally, persons can be divided into natural persons (human beings) and juristic persons (entities like corporations). Both categories have legal rights and duties, though their capacities differ significantly.
Legal Status of Lunatic and Drunken Persons
Lunatic and drunken persons occupy a special legal position. Although they are natural persons with legal identity, they often cannot enter into contracts if they cannot understand the nature of the contract at the time of agreement. The law distinguishes between their capacity to enter contracts based on their mental state during the agreement.
Also Read: Ratio Decidendi And Obiter Dicta
Difference Between Natural and Legal Persons
- Natural Persons: Real human beings with a finite lifespan.
- Legal Persons: Entities (like corporations) that can be real or imaginary, with potentially unlimited existence.
- Natural Person: Excludes entities like corporations.
- Legal Person: Includes entities such as companies and associations.
Law of Contract Provisions for Lunatics
Under Section 12 of the Indian Contract Act, of 1872, a person is deemed sane if they can understand the contract and form a rational judgment about it. Lunatics, who may be sane at times, can enter into contracts only during periods of sanity. Idiots, on the other hand, are permanently of unsound mind, rendering their contracts void ab initio.
Mc’Naughten Rule on Insanity
The Mc’Naughten Rule, established in the case of R v. Mc’Naughten (1843), sets out principles for determining insanity:
- Presumption of sanity unless proven otherwise.
- Insanity must render the person unable to understand the nature of the act or its wrongfulness.
- The test focuses on the person’s ability to distinguish right from wrong regarding the act committed.
Law of Contract Provisions for Drunken Persons
A person of majority age typically has the capacity to contract. However, a drunken person may lack this capacity if they are too intoxicated to understand the contract or if the other party exploits their condition. Contracts made under such circumstances are generally voidable, allowing the drunken person to ratify or void the contract once sober.
Indian Penal Code Provisions on Intoxication
Sections 85 and 86 of the Indian Penal Code address intoxication:
- Section 85: Involuntary intoxication can absolve a person from criminal liability if they do not understand the nature of their act or its wrongfulness.
- Section 86: Voluntary intoxication does not provide a defence, holding the person accountable for their actions.
Conclusion
The legal concepts of personality and entity extend beyond mere humanity, encompassing entities with rights and duties. While natural persons include human beings, legal persons can be corporations and other entities. The legal status of lunatics and drunken persons varies based on their capacity to understand and engage in contracts, influenced by their mental state. Distinctions in law ensure that those who cannot fully comprehend their actions are treated with the necessary legal considerations, balancing their rights and the responsibilities of society.
FAQs
1. Can lunatics enter into contracts?
Lunatics can enter into contracts only during periods of sanity when they can understand and rationally judge the contract.
2. What is the difference between natural and legal persons?
Natural persons are real human beings with finite lifespans, while legal persons can be entities like corporations with potentially unlimited existence.
3. Are drunken persons capable of entering into contracts?
Drunken persons may be incapable of entering into contracts if they are too intoxicated to understand the contract or if the other party exploits their condition.
Also Read: Rights and Status Of Unborn
Reference: brillopedia.net