Description

Introduction

The law recognizes that a person who is involuntarily intoxicated (i.e., forced or unknowingly drugged) and incapable of judgment should not be held criminally liable. Section 85 IPC states that if a person is intoxicated against their will and is unable to understand the nature of their actions, they may not be punished for the act committed.

This provision ensures that people who are drugged or intoxicated without consent are not unfairly held accountable for acts they were unaware of.

---

Key Provisions of Section 85 IPC

1. The Intoxication Must Be Involuntary

• The person must have been intoxicated against their will or without their knowledge.
• Example: A person’s drink is spiked at a party without their knowledge, and they later commit a crime.

2. The Person Must Have Been Incapable of Understanding Their Actions

• The intoxication must have been so extreme that the person could not understand the nature and consequences of their act.
• Example: A man is forcibly drugged and unknowingly breaks a shop window. If he was completely unaware of his actions, he may not be punished.

3. The Defense Does Not Apply If the Person Had Some Awareness

• If the person still had partial control or understanding, they can still be held liable.
• Example: A person is forced to drink alcohol but is still aware of what they are doing—they will be held responsible for their actions.

Punishment

Punishment Under Section 85 IPC

• Section 85 itself does not prescribe punishment but provides a legal defense for involuntary intoxication.
• If a person fails to prove complete lack of awareness, they can be punished under:
  • Section 302 IPC (Murder) – Punishable with Death or Life Imprisonment.
  • Section 325 IPC (Causing Grievous Hurt) – Punishable with Up to 7 Years Imprisonment.
  • Section 427 IPC (Mischief Causing Damage) – Punishable with Up to 2 Years Imprisonment or Fine.