section 85 indian penal code

INDIAN PENAL CODE

Section 85: Act Of A Person Incapable Of Judgement By Reason Of Intoxication Caused Against His Will

85: Act Of A Person Incapable Of Judgement By Reason Of Intoxication Caused Against His Will::--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.

 COMMENTS

Ingredients of involuntary drunkenness

Voluntary drunkenness is no excuse for commission of a crime; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

Principle

(i) So far as knowledge is concerned, the standard of test is same as in case of intention; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(ii) The court must attribute to the intoxicated man the same knowledge as if he was quite sober unless he was besides his mind altogether at the time of incident; Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).