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.
IPC Section 85: Simplified Explanation
IPC Section 85 of the Indian Penal Code (IPC) deals with the criminal responsibility of individuals who commit acts while incapable of judgment due to intoxication, provided that the intoxication was caused against their will. This section recognizes that involuntary intoxication can impair a person’s ability to form intent or understand the nature of their actions, similar to the legal considerations given to individuals with unsoundness of mind under Section 84 of the IPC.
Critical Aspects of IPC Section 85
- Involuntary Intoxication: The provision applies specifically to cases where the individual was intoxicated against their will. This could include being drugged by someone else or unknowingly consuming a substance that caused intoxication.
- Incapacity of Judgment: The intoxication must have rendered the individual incapable of understanding the nature of the act or that what they were doing was either wrong or contrary to law. Not just any level of intoxication is considered, but one severe enough to significantly impair judgment.
- Exemption from Criminal Liability: Section 85 provides that an act done by a person who is intoxicated to the point of incapacity, through no fault of their own, does not constitute an offence. This exemption is based on the principle that criminal liability requires both actus reus (the physical act) and mens rea (the mental intent), and involuntary intoxication negates the latter.
- Limitations: This exemption has limitations. It does not apply if the person, knowing that they would be engaging in activities requiring judgment or attention, voluntarily puts themselves in a situation where they could become involuntarily intoxicated.
