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

• ... Appellant / Sole Accused vs State, rep.by — Madras High Court ()
• SANKAR DASTIDAR v. SHRIMATI BANJULA DASTIDAR AND ANR. DECEMBER 5, 2006 — Supreme Court of India (S)
• S.C.R. SURAJ JAGANNATH JADHAV v. THE STATE OF MAHARASHTRA — Supreme Court of India (2019)
• SC (2023) Vol.1 p.823 — Supreme Court of India (2023)
• ...Appellant / Sole accused vs The State represented by — Madras High Court ()
• S.C.R. 133 SURENDERA MISHRA v. STATE OF JHARKHAND — Supreme Court of India (2011)
• .. Appellant/Sole accused vs The State represented by — Madras High Court (2012)
• CRL A/313/2001 — Madras High Court (2001)

Old <-> New Code Mapping

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