An offender who has committed an act with the required intention may escape general exceptions that can override the penal provisions of IPC.
General exceptions are given in chapter 4 of IPC from sections 76 to 176. They provide an exemption to certain individuals from liability.
Section 85 of IPC says that ‘nothing is an offence if committed by a person who is intoxicated against his will or knowledge. Due to the intoxication, he is incapable to understand the nature of his act or whatever he is doing is contrary to law’.
Section 86 of IPC says that ‘an act which cannot be performed without intention or knowledge, performed by the person who is under the state of intoxication. He is liable to be believed that he had some knowledge as he would have had if not intoxicated unless the thing intoxicates him given to him against his will or knowledge.
Section 85 is the shield against the criminal liability of an intoxicated person while section 86 deals with the liability of an intoxicated person with knowledge performed the act.

  1. That he is incapable to understand the nature of the act performed.
  2. He is doing the act which is contrary to law.
  3. The thing intoxicated him given without his consent and against his will.
    If the person intoxicated can short of unable to understand the nature of the act then he cannot ask for the protection of section 85 of IPC. Likewise if the intoxicant offered to him by another person without his consent doesn’t entitle him to protection under section 85 of IPC.
    The word ‘without knowledge’ and ‘against will’ in the section implies the involuntary consumption of intoxicated material. The person doesn’t aware of the fact the drink indigested by him contain intoxicated material. For availing the benefit of section 85 and 86 it’s necessary to prove before the court the intoxication is not self administered by the person.

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