IPC Section 85 - Act of a person incapable of judgment by reason of intoxication caused against his will
Last Updated: 01 Mar, 2025
By Advocate Chikirsha Mohanty
Please refer to BNS 23 for updated procedures & punishments.
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.
Act of a person incapable of judgment by reason of intoxication caused against his will
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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