Section 85 of IPC contains involuntary intoxication.

It says that if anything is

done by a person who, because of intoxication at the time of the commission of the
offence, was incapable of ascertaining the nature of the act or of ascertaining
what he was doing was wrong or opposed to the law, he will not be held liable for
the offence. However, the thing due to which the offender became intoxicated must
be administered to him without his knowledge or against his own will.

Important: Voluntary drunkenness can in no way be pleaded as a defence. It is only

involuntary drunkenness or intoxication that can be pleaded as a defence against an
offence committed by a person.

Example of section 85 IPC

B mixed alcohol in A‘s soft drink at a party. A without knowing that his soft drink
is intoxicated, he consumes it. A, in a hurry, picked up another person’s wallet
and went home. Here, A will not be liable for the offence of theft as he was
involuntarily intoxicated.

Essential elements of section 85 IPC

The essential elements of section 85 can be outlined as:

1. A person committing an offence was intoxicated against his will or without his
knowledge: To plead for a defence under section 85, it must be proved that the
thing by which the offender was intoxicated was administered or given to him
without his knowledge or against his own will or consent.
Case law: Director Public Prosecution vs Beard (1920)

2. Such a person was incapable of knowing the nature of the act or what he was
doing was wrong or contrary to the law at the time of the commission of the offence
due to intoxication: Suppose a person at the time of committing the offence knows
or understood that what he was doing should not be done or is contrary to the law
and he still does that. In that case, he will not be able to use the defence, and
he will be held liable for the offence committed by him.