IPC Section 86 — Offence requiring a particular intent or knowledge committed by one who is intoxicated

Summary

If a law says that a certain act is only an offence if the person doing it had a specific intention or knowledge, then a person who does that act while drunk will be treated as if they had that same knowledge — as if they were not drunk. However, this rule does not apply if the person was given the intoxicating substance without knowing about it or against their will.

Official Text

In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

Related Judgments

• BAS DEV v. THE STATE OF PEPSU — Supreme Court of India (1956)
• SHANKAR JAISWARA v. STA TE OF WEST BENGAL MAY 14, 2007 — Supreme Court of India (2007)
• PAUL v. STATE OF KERALA — Supreme Court of India (2020)
• CHAINU v. STATE OF CHHATTISGARH — Supreme Court of India (2022)
• .. Appellant/Sole accused vs The State represented by — Madras High Court (2012)
• ... Petitioners/Accused vs The Deputy Superintendent of Police, — Madras High Court (2007)
• .. Appellant vs State Rep. By — Madras High Court (2015)
• CRL A/226/2012 — Madras High Court (2012)

Old <-> New Code Mapping

• BNS §24 — Offence requiring a particular intent or knowledge committed by one who is intoxicated