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

Indian Penal Code, 1860

Section 85 IPC at a Glance

Section 85 IPC deals with act of a person incapable of judgment by reason of intoxication caused against his will. From 1 July 2024 it is replaced by Section 23 BNS.

Punishment

None. Section 85 IPC creates no offence.

BNS Equivalent

Section 23 →

Section 85 IPC Bare Act Text

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.

Source: Section 85, Indian Penal Code, 1860

Section 85 IPC in Simple Words

Section 85 of the Indian Penal Code (IPC) protects a person made incapable of judgment by intoxication caused against his will. Nothing is an offence done by a person who, by reason of intoxication, is incapable of knowing the nature of the act, or that it is wrong or contrary to law, provided the thing which intoxicated him was administered without his knowledge or against his will.

Ingredients of Section 85 IPC

  • The act is done by a person who, at the time of doing it, is intoxicated
  • 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
  • The thing which intoxicated him was administered to him without his knowledge or against his will

Punishment Under Section 85 IPC

Imprisonment

None. Section 85 IPC creates no offence.

Fine

None.

Section 85 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 85 IPC

In 2019 in Mysuru, two men held down a shopkeeper named Harish and forced him to swallow liquor against his will. While walking home in a state of heavy intoxication, Harish picked up a stone and smashed the glass window of his neighbour, Devendra. At the time of doing the act, Harish was by reason of intoxication incapable of knowing the nature of his act or that he was doing what was wrong or contrary to law. Because the liquor was administered against his will, the act is not an offence because of Section 85 IPC.

When Section 85 IPC Does Not Apply

  • The person consumed the intoxicant voluntarily and with full knowledge of what he was taking.
  • Despite being intoxicated at the time of the act, the person remained capable of understanding the nature of his act and knowing that it was wrong or contrary to law.
  • The intoxicant was neither given to the person without his knowledge nor forced upon him against his will.

Section 85 IPC in the BNS

Section 85 IPC is now covered under Section 23 BNS.

Section 23 BNS keeps the exception in the same words.

View detailed comparison (IPC 85 vs BNS 23) →

FAQs on Section 85 IPC

What does Section 85 IPC say?▼

That nothing is an offence done by a person who, by reason of intoxication, cannot know the nature of the act or that it is wrong or contrary to law, if the thing was administered to him without his knowledge or against his will.

Does Section 85 IPC protect a person who drinks of his own will?▼

No. The intoxicating thing must have been administered without his knowledge or against his will.

Which section next to Section 85 IPC deals with voluntary intoxication?▼

Section 86 IPC, which treats the person as having the knowledge he would have had if not intoxicated.

Is Section 85 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 85 IPC?▼

Section 23 BNS, in the same words.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·