IPC 85 → BNS 23: Involuntary Intoxication

Quick Summary: IPC 85 vs BNS 23

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 85 (Involuntary Intoxication) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Involuntary Intoxication now maps to BNS 23, and the position below reflects the current bare act.

What did IPC 85 cover?

IPC 85 dealt with involuntary intoxication — act of a person incapable of judgment by reason of intoxication caused against his will. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 23: What changed in the new law?

Section number changed, principle same. From 1 July 2024, new complaints relating to involuntary intoxication are filed under BNS Section 23, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 23

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: For involuntary intoxication, cite the current provision BNS 23 rather than the repealed IPC 85 in all matters arising on or after 1 July 2024.
• Police officers: Register new involuntary intoxication FIRs under BNS 23; procedure follows the BNSS.
• Law students & citizens: Use the IPC 85 to BNS 23 mapping when checking your position on involuntary intoxication under the new law.