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SECTION 85 IPC - Indian Penal Code - Act of a person incapable of judgment by reason of intoxication caused against his will


Last Updated: 01 May, 2024
By Advocate Chikirsha Mohanty


Table of Contents
  1. IPC 85 in Simple Words
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.



IPC 85 in Simple Words

In simple words, Section 85 of the Indian Penal Code states that if a person is intoxicated to the extent that they cannot understand the nature of their actions or that they are doing something wrong or illegal, then their actions may not be considered an offense, unless the intoxication was involuntary.


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Involuntary intoxication under IPC section 85 If the poison was administered without the individual's knowledge or against his/her will, then the offender cannot be held responsible for the crime committed.





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Frequently Asked Questions


What is Section 85 of the law?

What is Section 85?


What is IPC section 86?

The IPC section 86 states that, if an intoxicated person commits an action that would not be considered a crime unless it is done with specific intent or knowledge, that person will be held responsible as if they had the same intent or knowledge as if they were not intoxicated.


What is Section 84 and 85?

Section 85 provides the same immunity for a person who is intoxicated without their consent as Section 84 does for a person with a weakened mental capacity. To be exempt from criminal liability, a person must prove that they were: Unable to know the nature of the action; or. 19 Aug 2021


What is Section 86?

IPC Section 86: Offences requiring specific intent or knowledge, committed by someone who is drunk