IPC Section 85 — Act of a person incapable of judgment by reason of intoxication caused against his will

Summary

If a person is made drunk without their knowledge or against their will, and because of that intoxication they are unable to understand what they are doing or that it is wrong or illegal, then that act is not considered an offence. This rule only applies if the intoxicating substance was given to them without their consent.

Official Text

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


Provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

Related Judgments

• GANGA SAHAY; Represented by:; Mr.Abhishek Vikram, Adv. for; Mr.Chetan vs STATE — Delhi High Court (2014)
• SURAJ JAGANNATH JADHAV vs THE STATE OF MAHARASHTRA — Supreme Court of India (2019)
• BHAGWAN TUKARAM DANGE vs STATE OF MAHARASHTRA — Supreme Court of India (2014)
• SHANKAR JAISWARA vs STATE OF WEST BENGAL — Supreme Court of India (2007)
• STATE TR. P.S. LODHI COLONY, NEW DELHI vs SANJEEV NANDA — Supreme Court of India (2012)

Old <-> New Code Mapping

• BNS §23 — Act of a person incapable of judgment by reason of intoxication caused against his will