Analysis of Section 85 & 86 of the IPC [ Sec 23 & 24 of BNS] with case law analysis

Abstract

This research paper examines the legal principles surrounding the defense of intoxication under Indian Penal Code (IPC) Sections 85 and 86 (now Sections 23 and 24 under Bhartiya Nyay Sanhita, 2023). These sections distinguish between involuntary and voluntary intoxication in criminal acts, specifying the conditions under which an accused can claim intoxication as a defense. This analysis is contextualized through the case of Basdev vs. State of Pepsu,1956 wherein the appellant, under voluntary intoxication, committed homicide. The paper traces historical perspectives on intoxication as a defense, scrutinizes the application of intent and knowledge in criminal liability, and critically evaluates the court’s rationale in affirming the conviction under Section 302 IPC for murder, rather than reducing it to culpable homicide not amounting to murder under Section 304 IPC. The findings underscore that voluntary intoxication does not absolve criminal liability if the accused possesses sufficient awareness of their actions and the consequences. The study concludes with an affirmation of the Supreme Court’s judgment, emphasizing the significance of recklessness and behavioral assessment in applying Section 86 IPC.