IPC Section 85
IPC Section 85 – Act done by a person incapable of judgment by reason of intoxication caused against his will
Plain English Meaning
This section deals with acts committed by a person who is temporarily incapable of understanding or controlling their actions due to intoxication, but the intoxication was against their will.
Section 85 essentially says:
If a person does something unlawful while incapable of knowing or controlling their actions due to being forced to consume alcohol, drugs, or other intoxicants,
then they are not criminally liable for that act.
In simpler terms:
Voluntary intoxication does not excuse a crime.
Involuntary intoxication (forced or against will) can be a defense.
Key Points
Who it applies to:
Any person who is incapable of understanding the nature of their act due to intoxication.
Crucial point: The intoxication must be against their will, e.g., someone secretly spikes their drink.
Scope:
Covers acts that would normally be criminal but are committed while the person is mentally incapable due to involuntary intoxication.
Not a blanket excuse; only applies when intoxication prevents knowledge or control of the act.
Difference from voluntary intoxication:
Voluntary intoxication: You drink or take drugs by choice → you are still responsible.
Involuntary intoxication: You are forced or tricked → Section 85 may apply.
Examples
Example 1:
A person’s drink is secretly laced with alcohol, and while intoxicated, they commit theft.
Since the intoxication was against their will, Section 85 may apply as a defense.
Example 2:
Someone is forced to consume a drug and, in that state, unintentionally injures another.
They may not be held criminally liable because the act was caused by involuntary intoxication.
Summary
Section 85 IPC protects persons who commit acts while involuntarily intoxicated, making them not criminally responsible.
Key condition: The intoxication must be against the person’s will.
Voluntary intoxication is never a defense under this section.
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