IPC Section 85 - Act Of A Person Incapable Of Judgment By Reason Of Intoxication Caused Against His Will

Act of a person incapable of judgment by reason of intoxication caused against his will – Nothing is an offense 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."

IPC Section 85: Explained In Simple Terms

In simple terms, Section 85 of the IPC protects an individual from criminal liability for acts committed while under the influence of involuntary intoxication. This means that if someone is intoxicated because they were tricked or forced into consuming an intoxicating substance, and as a result, they committed an offense without understanding what they were doing, they may not be held legally responsible for their actions.

However, the intoxication must have rendered the person incapable of understanding the nature of their act or recognizing that what they were doing was wrong or illegal. The law presumes that in such cases, the person lacks the necessary mental state (or mens rea) to commit a crime.

The key aspect of this section is the recognition of involuntary intoxication as a valid defense for criminal acts, provided that the intoxicated person was unable to comprehend their actions at the time due to the influence of the substance. However, this defense is only available if the person was intoxicated against their will or without their knowledge.

Key Terms In IPC Section 85

Involuntary Intoxication

The cornerstone of Section 85 is the concept of involuntary intoxication. This refers to situations where an individual consumes an intoxicating substance unknowingly or without consenting to it. For example:

a. Forced Intoxication - Someone is coerced or forced to consume alcohol or drugs.

b. Unknowingly Administered - The substance is given to the person without their knowledge, such as spiking a drink.

Incapable of Judgment

To invoke the defense under Section 85, the intoxicated individual must have been so impaired that they were incapable of making a rational judgment about their actions. This means they:

a. Could not understand the nature of the act they were committing.

b. Were unaware that their actions were illegal or morally wrong.

Nature of the Act

This refers to the ability to comprehend the specific action being carried out. For example, if someone under involuntary intoxication commits an assault, they must not have been aware that they were assaulting someone for Section 85 to apply.

Practical Application Of IPC Section 85

In legal practice, invoking Section 85 as a defense requires proving that the intoxication was indeed involuntary and that the person was rendered incapable of making rational decisions. Here’s how Section 85 can be practically applied:

Criminal Trials

In a criminal trial, if the accused raises the defense of involuntary intoxication under Section 85, they must provide evidence showing:

a. They were intoxicated against their will or without knowledge.

b. The intoxication affected their ability to understand the act they committed.

Burden Of Proof

The burden of proving involuntary intoxication lies with the accused. They must convince the court that:

a. The intoxicant was consumed unknowingly.

b. At the time of the offense, they were mentally incapacitated to the extent that they could not form criminal intent.

Also Read : What is a Burden of proof?

Court’s Evaluation

Courts generally assess the following factors when evaluating Section 85 claims:

a. The level of intoxication: Was it severe enough to impair judgment?

b. Evidence of how the intoxicating substance was consumed.

c. Whether the act committed was one that a reasonable person under ordinary circumstances would avoid.

If the court finds the evidence in favor of the accused, they may be absolved of criminal liability. However, Section 85 cannot be used as a blanket excuse for all acts under intoxication; it only applies to situations where the person was forced into intoxication or was unaware of consuming the intoxicant.

Key Details Of IPC Section 85

Case Laws

State Of Madhya Pradesh v. Shambhu Dayal (1990) 2 SCC 498

This is a key Indian case dealing with Section 85. In this case, the Supreme Court held that if a person commits an offence while under the influence of intoxication, and the intoxication is involuntary, they can be absolved of criminal responsibility under Section 85 IPC. However, if the intoxication is voluntary, this provision cannot be invoked.

The court emphasized that the person must have been unable to understand the nature of the act due to intoxication, and this incapacity must be established.

Om Prakash v. State Of Haryana (2002) 7 SCC 64

This case examined the concept of involuntary intoxication in the context of Section 85. The Court ruled that if a person was drugged or intoxicated against their will, and this led them to commit a criminal act, they could rely on the defense under Section 85 IPC.

State Of Rajasthan v. Jagdish (2004) 12 SCC 69

In this case, the Supreme Court considered whether Section 85 IPC could be used to excuse a defendant who had committed a crime while under the influence of alcohol. The Court held that involuntary intoxication could provide a defense, but the intoxication must render the person incapable of understanding the nature of their act.

FAQs For IPC Section 85

1. Can Section 85 be applied to all types of offenses?

No, Section 85 can only be invoked when the intoxication was involuntary and the person was incapable of understanding their actions. The application of this defense depends on the specific circumstances of the case and the nature of the offense.

2. What if a person was partially aware of their actions while intoxicated?

Section 85 applies when a person is completely unaware of the nature of their actions due to intoxication. If there is partial awareness or control over actions, this defense may not be successful.

3. Does voluntary intoxication provide a defense under Section 85?

No, voluntary intoxication does not provide a defense under Section 85. If a person willingly consumes alcohol or drugs and commits an offense, they cannot claim protection under this section. Voluntary intoxication may, however, be considered under Section 86 of the IPC, which deals with crimes committed with intent while voluntarily intoxicated.

4. Can Section 85 be used in civil cases?

No, Section 85 specifically applies to criminal cases. It cannot be invoked as a defense in civil disputes or claims.

5. How do courts determine if intoxication was involuntary?

Courts rely on evidence such as medical reports, witness testimonies, and other supporting documents to determine whether the intoxication was involuntary. The accused must prove that the intoxicant was administered against their will or without their knowledge.