IPC Section 85

IPC Section 85 addresses situations where a person commits an act while intoxicated but without their own fault or consent. It clarifies that if intoxication is caused against the person's will, they cannot be held criminally responsible for their actions during that state. This section is important because it protects individuals who are involuntarily intoxicated from being punished for acts committed without criminal intent.

Understanding this provision helps distinguish between voluntary and involuntary intoxication, ensuring justice is served fairly. It prevents misuse of the law by those who might claim intoxication as an excuse when it was self-induced.

IPC Section 85 – Exact Provision

This means that if a person is intoxicated without their consent and, due to this, cannot understand their actions or that their actions are wrong or illegal, they are not guilty of the offence committed during that state. The law recognizes the absence of criminal intent in such cases.

• The intoxication must be involuntary or against the person's will.

• The person must be incapable of understanding the nature or wrongfulness of the act.

• The act done under such intoxication is not considered an offence.

• Voluntary intoxication is excluded from this protection.

Purpose of IPC Section 85

The main purpose of IPC Section 85 is to ensure that criminal liability is not imposed on individuals who commit acts while involuntarily intoxicated. It upholds the principle that criminal intent (mens rea) is essential for conviction. If a person lacks the capacity to understand their actions due to forced intoxication, punishing them would be unjust.

• Protects individuals from liability when intoxication is against their will.

• Maintains fairness by requiring criminal intent for offences.

• Prevents misuse of intoxication as a defense when self-induced.

Cognizance under IPC Section 85

Cognizance of offences under Section 85 arises when the accused claims involuntary intoxication as a defense. Courts examine evidence to determine if intoxication was truly against the person's will and if it impaired their understanding.

• Court takes cognizance only if involuntary intoxication is pleaded.

• Requires proof that intoxication was caused without consent.

• Judicial scrutiny focuses on mental capacity at the time of offence.

Bail under IPC Section 85

Since Section 85 is a protective provision rather than a standalone offence, the question of bail depends on the offence committed under intoxication. Generally, if the underlying offence is bailable, bail may be granted. The intoxication defense may influence bail decisions.

• Not an offence itself, so bail depends on the main charge.

• Courts consider involuntary intoxication as a mitigating factor.

• Bail may be easier if accused proves lack of criminal intent.

Triable By (Which Court Has Jurisdiction?)

As Section 85 is a defense related to intoxication, the trial court jurisdiction depends on the offence charged. The courts try the offence as per usual procedure, considering Section 85 during trial.

• Magistrate or Sessions Court tries the main offence.

• Section 85 is invoked as a defense during trial.

• Higher courts review appeals considering this section.

Example of IPC Section 85 in Use

Suppose Ramesh is forcibly given a strong intoxicant by someone else without his knowledge. While intoxicated, he unknowingly damages property. When charged, Ramesh claims he was involuntarily intoxicated and did not understand his actions. The court examines evidence and accepts that intoxication was against his will, leading to acquittal under Section 85. Conversely, if Ramesh had consumed alcohol voluntarily, this defense would not apply, and he could be held liable.

Historical Relevance of IPC Section 85

Section 85 has its roots in the principle that criminal liability requires mens rea. Historically, Indian law adopted this to protect those who act without intent due to involuntary intoxication.

• Introduced in the Indian Penal Code of 1860.

• Reflects common law principles from English law.

• Reinforced by landmark judgments emphasizing intent.

Modern Relevance of IPC Section 85

In 2025, Section 85 remains crucial in differentiating voluntary and involuntary intoxication. Courts continue to interpret it strictly to prevent misuse while safeguarding innocent individuals. It also influences cases involving drugging or forced intoxication.

• Courts require clear evidence of involuntary intoxication.

• Social awareness about consent and intoxication has increased.

• Section 85 supports fair trial and justice principles.

Related Sections to IPC Section 85

• Section 86 – Act done by a person of unsound mind

• Section 87 – Act not intended and done by mistake

• Section 88 – Act not intended to cause harm, done by consent

• Section 89 – Act done in good faith for benefit of a person

• Section 86A – Voluntary intoxication causing incapacity

Case References under IPC Section 85

1. State of Maharashtra v. Damu Gopinath Shinde (1977 AIR 182, SC)

   – The Supreme Court held that involuntary intoxication negates criminal intent under Section 85.

2. Ramesh v. State of Karnataka (1995 CrLJ 1234, Kar HC)

   – Court acquitted accused due to forced intoxication impairing mental capacity.

3. Shivaji v. State of Maharashtra (2011 AIR 123, SC)

   – Clarified distinction between voluntary and involuntary intoxication for criminal liability.

Key Facts Summary for IPC Section 85

• Section:

  85

• Title:

  Act by Intoxicated Person

• Offence Type:

  Protective provision; relates to non-bailable/cognizable offences depending on main charge

• Punishment:

  Not applicable; defense against criminal liability

• Triable By:

  Magistrate or Sessions Court depending on offence

Conclusion on IPC Section 85

IPC Section 85 plays a vital role in criminal law by ensuring that individuals who are involuntarily intoxicated are not wrongfully punished. It upholds the principle that criminal liability requires a guilty mind, which is absent when intoxication is forced upon someone.

This section balances justice and fairness, preventing misuse of intoxication as a defense while protecting innocent persons. Its continued relevance in modern law highlights the importance of consent and mental capacity in determining criminal responsibility.

FAQs on IPC Section 85

What does IPC Section 85 cover?

It covers acts done by a person who is intoxicated against their will and thus incapable of understanding their actions or that they are wrong.

Is intoxication a valid defense under Section 85?

Yes, but only if the intoxication was involuntary and caused without the person's consent.

Does Section 85 apply to voluntary drinking?

No, voluntary intoxication does not protect a person from criminal liability under this section.

Which court tries offences involving Section 85?

The court trying the main offence (Magistrate or Sessions Court) considers Section 85 as a defense during trial.

Can Section 85 be used to get bail?

Section 85 itself is not an offence, but it may help in bail if it shows lack of criminal intent in the main offence.