IPC 85→BNS 23

IPC 85 to BNS 23: Act of a person incapable of judgment by reason of intoxication caused against his will

Section 85 IPC (1860) replaced by Section 23 BNS (2023)

View IPC Section 85 →View BNS Section 23 →

IPC 85 to BNS 23 at a Glance

Section 85 IPC (Act of a person incapable of judgment by reason of intoxication caused against his will) is now Section 23 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 85 to BNS 23?

Section 23 BNS keeps the exception in the same words.

IPC 85 vs BNS 23: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section8523
OffenceAct of a person incapable of judgment by reason of intoxication caused against his willSame
PunishmentNone. Section 85 IPC creates no offence.None. Section 23 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 85 and BNS 23: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 85, IPC 1860

85. Act of a person incapable of judgment by reason of intoxication caused against his will.—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.
BNS 2023 (in force)

Section 23, BNS 2023

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.

Ingredients: IPC 85 vs BNS 23

Under IPC 85
  1. The act is done by a person who, at the time of doing it, is intoxicated
  2. By reason of the intoxication he is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law
  3. The thing which intoxicated him was administered to him without his knowledge or against his will
Under BNS 23
  1. The act is done by a person who, at the time of doing it, is intoxicated
  2. By reason of the intoxication he is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law
  3. The thing which intoxicated him was administered to him without his knowledge or against his will

What IPC 85 to BNS 23 Means for Pending Cases

For Section 85 IPC (now Section 23 BNS): nothing changes in the protection for a person drugged or made drunk against his will. Section 23 BNS keeps the same conditions in the same words.

FAQs: IPC 85 to BNS 23

Does the BNS keep the exception in Section 85 IPC?▼

Yes. Section 23 BNS says the same in the same words.

Where does Section 85 IPC sit in the BNS?▼

In Section 23 BNS, with the same heading, in Chapter III, General Exceptions.

Does Section 85 IPC or Section 23 BNS apply to an act done before 1 July 2024?▼

Section 85 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 85 IPC. Section 23 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·