IPC 85 → BNS 23: Involuntary Intoxication

Quick Summary: IPC 85 vs BNS 23

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 85 (Involuntary Intoxication) is now mapped to BNS Section 23.

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 relating to this offence in India 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, all new criminal complaints relating to involuntary intoxication are filed under BNS Section 23. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 23

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 23 instead of IPC 85.
• Police officers: Use BNS 23 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 85 ↔ BNS 23 mapping.