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.
Section 85: Act of a person incapable of judgment by reason of intoxication caused against his will
The Indian Penal Code, 1860Central Act · Act 45 of 1860
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024
Where this provision sits
| Act | The Indian Penal Code, 1860 |
|---|---|
| Section | 85 |
| Marginal note | Act of a person incapable of judgment by reason of intoxication caused against his will |
| Jurisdiction | Central |
| Status | Repealed |
| Judgments citing it | 6 |
Judgments that turned on this provision
- CRLMB/5080/2025 of MANOJ NEHRA KUMAWAT S/O GULAB CHAND NEHRA Vs THE STATE OF RAJASTHANHigh Court of Rajasthan · 2025-11-19
- APEAL/94/2021 of KISHOR ALIAS BAJRANG S/O MUKUNDRAO RAMTEKE Vs STATE OF MAH. THR. PSO PS AJNI NAGPURBombay High Court · 2023-02-24
- APEAL/452/2014 of AJAY ARJUN MANJI Vs THE STATE OF MAHARASHTRABombay High Court · 2017-12-13
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