IPC 85 vs BNS 85
● Retained in BNSAct of a person incapable of judgment by reason of intoxication caused against his will
Section 85 of the Indian Penal Code, 1860, provides protection for individuals who commit an offense while intoxicated against their will. The law recognizes that criminal liability requires mental capacity and intent, and involuntary intoxication impairs this capacity.
Under IPC 85:
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A person is not criminally liable if he was incapable of understanding the nature of his act or forming intent due to voluntary intoxication against his will.
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Protection applies only when intoxication was not self-induced, i.e., consumed unknowingly or under coercion.
For example, if someone is forced to consume alcohol or drugs and, under the influence, causes harm, IPC 85 exempts them from criminal liability. The key principle is that mens rea—the mental element of crime—must be present for criminal responsibility.
This provision ensures fairness by protecting individuals whose cognitive functions were impaired involuntarily. It balances the need for accountability with the understanding that criminal intent cannot exist in absence of mental capacity.
Thus, IPC 85 safeguards persons from being penalized for acts committed under involuntary intoxication, emphasizing justice and proportionality.
Act of a person incapable of judgment by reason of intoxication caused against his will
Section 85 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 85, protecting individuals who commit offenses while intoxicated involuntarily.
Under BNS 85:
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A person is not liable if, due to involuntary intoxication, he was incapable of understanding the nature or wrongfulness of the act.
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The intoxication must have been forced or unintentional, not self-induced.
For instance, a person tricked or coerced into consuming alcohol or drugs and subsequently committing an offense is protected under this section. BNS 85 reinforces that criminal liability requires intent, and absence of mens rea due to involuntary intoxication removes culpability.
By retaining IPC 85’s principles, BNS 85 ensures fairness and proportionality in criminal law. It provides a clear safeguard for individuals who are victims of involuntary intoxication, ensuring that punishment is only imposed when mental capacity and intent exist.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 85 to BNS BNS 85.