Section 86 IPC: Offence requiring a particular intent or knowledge committed by one who is intoxicated

Indian Penal Code, 1860

Section 86 IPC at a Glance

Section 86 IPC deals with offence requiring a particular intent or knowledge committed by one who is intoxicated. From 1 July 2024 it is replaced by Section 24 BNS.

Punishment

None. Section 86 IPC creates no offence.

BNS Equivalent

Section 24 →

Section 86 IPC Bare Act Text

86. Offence requiring a particular intent or knowledge committed by one who is intoxicated

In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

Source: Section 86, Indian Penal Code, 1860

Section 86 IPC in Simple Words

Section 86 of the Indian Penal Code (IPC) deals with a person who is intoxicated when he does an act that is an offence only if done with a particular knowledge or intent. He is dealt with as if he had the knowledge he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

Ingredients of Section 86 IPC

  • The act is not an offence unless done with a particular knowledge or intent
  • The person does the act in a state of intoxication
  • The thing which intoxicated him was not administered to him without his knowledge or against his will

Punishment Under Section 86 IPC

Imprisonment

None. Section 86 IPC creates no offence.

Fine

None.

Section 86 IPC is a rule on how a voluntarily intoxicated person is dealt with. It has no entry in the First Schedule to the CrPC.

Example of Section 86 IPC

In 2020 in Kochi, Madhavan willingly drank rum at a tavern; the alcohol was not administered to him without his knowledge or against his will. While in a state of intoxication, he threw a burning torch onto the thatch shed of his neighbour, Raghu. Doing that act was not an offence unless done with a particular intent or knowledge that it was likely to destroy the shed. Madhavan is liable to be dealt with as if he had the same knowledge as he would have had if not intoxicated under Section 86 IPC.

When Section 86 IPC Does Not Apply

  • The intoxicating substance was given to the person without his knowledge or forced upon him against his will.
  • The person was sober and not in a state of intoxication when he committed the act.
  • The offence is one that does not require any particular intent or knowledge to be established.

Section 86 IPC in the BNS

Section 86 IPC is now covered under Section 24 BNS.

Section 24 BNS keeps the rule in the same words.

View detailed comparison (IPC 86 vs BNS 24) →

FAQs on Section 86 IPC

What does Section 86 IPC say?▼

That where an act is an offence only if done with a particular knowledge or intent, a person who does it intoxicated is dealt with as if he had the knowledge he would have had if not intoxicated.

When does Section 86 IPC not apply?▼

When the thing which intoxicated him was administered to him without his knowledge or against his will.

Which section next to Section 86 IPC protects a person drugged against his will?▼

Section 85 IPC.

Is Section 86 IPC an offence?▼

No. It creates no offence. It decides how an intoxicated person is dealt with.

What is the BNS equivalent of Section 86 IPC?▼

Section 24 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 ·