What is Section 85 IPC? Act of a person incapable of judgment by reason of intoxication caused against his will
Published on: Lawiz Team
Detailed explanation of Section 85 IPC: Act of a person incapable of judgment by reason of intoxication caused against his will.
Official Legal Text
Nothing is an offence which is done by a person who, at the time of doing it, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law, by reason of intoxication caused against his will.
What This IPC Section Means – Explained in Simple Words
Section 85 of the Indian Penal Code provides immunity to a person who, due to intoxication caused against their will, is incapable of knowing the nature of the act.
Purpose
The purpose of Section 85 is to clarify legal immunity or liability based on age, mental state, or consent as specified in the IPC.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment if the person is incapable of judgment due to involuntary intoxication.
Scope and Application
Section 85 applies in situations where the individual’s age, mental condition, or the nature of consent influences legal responsibility.
Important Legal Points
This section highlights how legal responsibility can be influenced by factors such as age, consent, or mental state.
Illustrative Example
A person is forced to drink alcohol against their will and then commits an assault. They may be protected under Section 85.
Exceptions and Special Cases
Discusses any exceptions or specific scenarios where Section 85 may not apply.
Conclusion
Section 85 provides a nuanced approach to legal responsibility considering specific circumstances.
FAQs
What does Section 85 IPC define?
Act of a person incapable of judgment by reason of intoxication caused against his will.
What is the legal scope of Section 85 IPC?
It defines how act of a person incapable of judgment by reason of intoxication caused against his will is treated under Indian Penal Code.
When is Section 85 IPC applicable?
In cases involving act of a person incapable of judgment by reason of intoxication caused against his will circumstances or actions.
Are there exceptions under Section 85 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 85 IPC?
Real case laws often refer to act of a person incapable of judgment by reason of intoxication caused against his will in specific judgments.
Is Section 85 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 85 IPC?
Courts interpret it in line with judicial precedent and legislative intent.