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Section 85 of Indian Penal Code Submitted By: ISHITA: Batch 2022-27, BA LLB. Division E PRN:2201223088

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Ishita Goyal
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Section 85 of Indian Penal Code Submitted By: ISHITA: Batch 2022-27, BA LLB. Division E PRN:2201223088

Uploaded by

Ishita Goyal
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SECTION 85 OF INDIAN PENAL CODE

Submitted by: ISHITA

Batch 2022-27, BA LLB.

Division E

PRN:2201223088

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In

March 2023

Under the Guidance of

Ms. Charvi Kumar


Assistant Professor
SECTION 85 OF INDIAN PENAL CODE

Ishita

INTRODUCTION

An individual who commits an offence while being mentally ill is


free from prosecution under Section 85 of the Indian Criminal
Code (IPC)1. This clause states if whatever a person does that,
at the time of performing act, owing to cognitive impairment, is
unable to comprehend the essence of the act or the fact that
what he or she is performing is either unlawful or in violation of
the law.2

The clause acknowledges that a person who is not of sound


mind at the time of an offence is not able to form the required
intent or comprehend the nature and repercussions of the act.
As a result, they are not capable of being charged with a crime.

ANALYSIS

The culpability of a person who commits an offence while


mentally ill is covered under Section 85 of the Indian Criminal
Code (IPC). Section 85 of the Indian Criminal Code (IPC) 3 grants
an exemption from criminal culpability to a person who has
committed an offence while being of unsoundness of mind. 4

1
The Indian Penal Code, 1860, § 85, No. 45, Acts of Parliament, 1860
(India).
2
Prof. T. Bhattacharya, The Indian Penal Code, 94, ( CLA, 10 th, 2017).
3
Supra Note 1.
4
Prof. T. Bhattacharya, The Indian Penal Code, 93, ( CLA, 10 th, 2017).
The section further states that if such a person is found guilty
of committing an offence, the Mental Health Act of 1987's
guidelines will govern how they are treated. This means that
instead of receiving a criminal sentence, the defendant will
receive therapy and rehabilitation under the supervision of
medical professionals.

In general, Section 85 of the IPC 5 acts as a crucial safeguard for


people who might not be able to control their behaviour
because of a mental disease. Instead of punishing them for
actions they may not have been able to control, it makes sure
that these people receive the proper care and therapy. 6

ESSENTIALS

To claim this exemption, the following elements have to be


present:

UNSOUNDNESS OF MIND: The accused must have been


mentally unsound when the crime was committed. Any mental
condition or impairment that prevents the accused from
comprehending the nature and ramifications of the act, or from
knowing that the act is wrong or against the law, is referred to
as unsoundness of mind.

CAUSATION: The crime must have been committed due to the


offender's insanity. In other words, the accused's insanity had
to have contributed directly to the crime.

BURDEN OF PROOF: The accused or their legal counsel are


required to provide evidence of the accused's insanity. Based
5
Supra Note 1.
6
Supra Note 2.
on the information offered, including medical records and
expert testimony, the court will establish the accused's mental
state at the time of the offence.7

If all of these conditions are met, the accused cannot be


accused of an offense and will instead be handled with in
accordance with the Mental Health Act of 1987. 8

CASE LAWS

LANDMARK CASES

The provisions of Section 85 of the Indian Criminal Code (IPC) 9,


which exempts someone from criminal responsibility if they
commit an offence while mentally ill, have been the subject of a
number of significant court cases in India. Some of
them include:

1. Venkappa Kannappa Chowdari v. State of Karnataka 10: It


was decided that if a person is himself intoxicated on
alcohol and commit a crime, then he cannot claim the
protections of Section 85.11
2. Director of Public Prosecutions v Beard 12: It was decided
that intoxication was not a defence unless it could be
proven that the accused was so intoxicated at the time
of committing the crime that he was unable to develop

7
Prof. (Dr.) Rhishikesh Dave, Intoxication as a general Defence(section 85
and 86 of IPC), Jus Corpus Law Journal,1095, 1097, (2022),
https://www.juscorpus.com/wp-content/uploads/2022/08/198.-Priyanshi-
Tandon.pdf .
8
Mental Health Act, 1987, Acts of Parliament, 1987(India).
9
Supra Note 1.
10
Venkappa Kannappa Chowdari v. State of Karnataka, 1996 CrLJ 15.
11
Supra Note 1.
12
Director of Public Prosecutions v Beard [1920] A.C. 479.
the intent to commit it and further consequences of the
act committed.
3. Shankar Jaiswara V. state of west Bengal 13: The
defendant started abusing the victim after becoming
inebriated. The victim asked the defendant to leave and
in response to this t he victim was stabbed seven times
before he was killed out of rage. Intoxication was used
by him as a defence . The court responded to his
motion by citing section 85 of the Indian Criminal
Code14, which states that an individual cannot be
exonerated of the murder allegation just because they
are drunk.15

These precedent-setting cases have made sure that individuals


who are not liable for their conduct due to mental illness or a
disability are not subjected to criminal punishment but rather to
treatment and rehabilitation under the supervision of medical
professionals. They have also provided significant guidance on
the application of Section 85 of the IPC.16

RECENT CASES:

13
Shankar Jaiswara V. state of west Bengal (2007) 9 SCC 360.
14
Supra Note 1.
15
Shivangi, Intoxication As A Defence Under IPC, Legal Service India,
( March 13, 2023, 1:00 PM),
https://www.legalserviceindia.com/legal/article-6628-intoxication-as-a-
defence-under-ipc.html#:~:text=Bablu%20mubarik%20Hussain
%20v.&text=In%20this%20case%2C%20the%20Supreme,intention%20to
%20commit%20the%20crime .
16
Supra Note 1.
1. Sonu Jain v. State of M.P(2021)17: It was decided by the
High Court of Madhya Pradesh that if a person has
committed an offence under the influence of intoxication
and he is intoxicated from his very own will, then he
cannot claim the defence under Section 85 of Indian Penal
Code.18

2. Yunus Zia v. State of Gujarat(2023) 19


3. Muthuraj v. State, 202320

ILLUSTRATION
The Indian Criminal Code (IPC) Section 85 deals with acts
committed by those who are mentally ill but nonetheless
commit crimes. For better comprehension of this part, consider
the following example:

1. Jethalal, who has a mental ailment that impairs his


cognitive function, stole a necklace from a jewellery shop
while suffering from his illness. The shop keeper catches
Jethalal and turns him over to the police. Jethalal may not
be held accountable for the crime he committed due to his
mental impairment under Section 85 of the IPC.
2. Sunny Deol, who voluntarily consumes alcohol and then
under the influence of intoxication commits sexual assault
of a women. Given that he intentionally drank the alcohol
while aware of its potential consequences, he cannot
invoke the defence of intoxication under Section 85 of the
IPC.
17
Sonu Jain v. State of M.P., 2021 SCC OnLine MP 677.
18
Supra Note 1.
19
Yunus Zia v. State of Gujarat, 2023 SCC OnLine Guj 26.
20
Muthuraj v. State, 2023 SCC OnLine Mad 212.
3. At a gathering, Jacky Shroff infused alcohol into Salman's
soft drink. He drinks his soft drink without realising it is
alcoholic. Salman quickly grabbed another person's wallet
and left for home. Due to his involuntary intoxication in
this case, Salman will not be held accountable for the
stealing offence under Section 85 of IPC.21
4. A doctor gives a patient medication for a medical ailment,
but the medication makes the patient drunk. He engages
in criminal activity while intoxicated. Given that the drug
was given to him without his knowledge or against his
choice in this situation, the person may be able to rely on
the Section 8522 defence of intoxication.

CONCLUSION

A person cannot be held criminally accountable for an offence


committed while the individual was mentally ill, according to
Section 85 of the Indian Criminal Code (IPC)23. The clause
acknowledges that people with mental illnesses or disabilities
might not completely understand the repercussions of their
acts and shouldn't be penalised for crimes committed in such a
state. Nonetheless, the clause also stipulates that such people
may be put through treatment or detention in a mental health
centre until they get better from their sickness. Section 85's
main goal is to make sure that those who are mentally
incapacitated receive the proper care and therapy rather than
24
punishment.

21
Supra Note 1.
22
Supra Note 1.
23
Supra Note 1.
24
Supra Note 2.

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