The Indian Penal Code, 1860
CHAPTER I to X
CHAPTER IV: GENERAL EXCEPTIONS
Section 85: Act of a person incapable of judgment by reason of intoxication caused against his will
Bare Act
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.
Simplified Act
A person is not guilty of a crime if, at the time of the act, they were so drunk that they couldn't understand what they were doing, or that what they were doing was wrong or illegal: --------------------------------------------------… Read the complete text with KanoonGPT Pro.
Explanation using examples
Example 1:
Ravi was at a party where someone secretly spiked his drink with a strong drug without his knowledge. Under the influence of the drug, Ravi became extremely disoriented and confused. In this state, he accidentally broke a valuable vase at the host's house. According to Section 85 of The Indian Penal Code 1860, Ravi cannot be held criminally responsible for breaking the vase because he was intoxicated against his will and was incapable of understanding the nature of his actions.
Example 2:
Meena was at a friend's house when someone slipped a hallucinogenic substance into her drink without her consent. Under the influence of the substance, Meena wandered into a neighbor's property and damaged their garden. Given that Meena was intoxicated without her knowledge and was incapable of understanding her actions, Section 85 of The Indian Penal Code 1860 would apply, and she would not be held criminally liable for the damage caused to the neighbor's garden.
