IPC §85 → BNS §23
Act of a person incapable of judgment by reason of intoxication caused against his will
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Comparison
85. Act of a person incapable of judgment 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.
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.
What changedAI-inferred
IPC 85 and BNS 23 carry the same involuntary-intoxication defence character-identically (intoxication administered without knowledge or against will).
Old position
IPC 85 is concerned with 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
New position
BNS 23 preserves the framework with drafting modernisations as required by the new code. Topic: Act of a person incapable of judgment 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
IPC 85 and BNS 23 carry the same involuntary-intoxication defence character-identically (intoxication administered without knowledge or against will).
Editorial deltaAI-indicated (source-linked)
IPC 85 and BNS 23 carry the same involuntary-intoxication defence character-identically (intoxication administered without knowledge or against will).
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 85 continues to apply. For matters from that date forward, BNS 23 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 23 (Act of a person incapable of judgment by reason of intoxication caused against his will). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §85 → BNS §23 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/85.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.