Act of a person incapable of judgment by reason of intoxication caused against his will is defined under section 85 of ipc. Provisions under IPC section 85 explained here:

What is Section 85 IPC:

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.

Section 85 IPC Explanation:

This section means if an act is committed by a person who at the time of comitting the act was under the influeance of intoxication and was unable to know the nature of act, also that the intoxication must be against his will or without his knowledge. For eg swathi went to part with her friends there her friends forcefully made her drink alchol, so much that she wasn’t able to say anything properly in that state Meena started fighting with her, swathi pushed meena down stairs and she died, since she was a lot intoxicated and it was not voluntary drinking she’ll be exempted from the said offence.


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