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Indian Penal Code, 1860

IPC Section 85 in BNS

§ 85 IPC→§ 23 BNS

Act of a person incapable of judgment by intoxication caused against his will. Section 85 of the Indian Penal Code, 1860 (Act of a person incapable of judgment by intoxication caused against his will) corresponds to Section 23 of the Bharatiya Nyaya Sanhita, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

Which of the following courts can pass a sentence of death?

Answer & explanation

Court of Session, subject to confirmation by the High Court

A sentence of death passed by a Sessions Court must be submitted for confirmation and shall not be executed until confirmed by the High Court.

Where to find it: BNSS, Chapter II & XXIX

A Judicial Magistrate of the First Class may pass a sentence of imprisonment not exceeding:

Answer & explanation

Three years

A JMFC may impose up to three years' imprisonment and a fine as prescribed. A Magistrate of the Second Class may impose up to one year.

Where to find it: BNSS, Chapter II

The maximum sentence a Judicial Magistrate of the first class may pass is:

Answer & explanation

Three years' imprisonment and fine up to fifty thousand rupees

§ 23(2) BNSS raised the fine ceiling from ten thousand to fifty thousand rupees.

Where to find it: Chapter III — Powers of Courts

Sections either side of it

How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:

IPCProvisionBNS
82Act of a child under seven years of age20
83Act of a child above seven and under twelve of immature understanding21
84Act of a person of unsound mind22
86Offence requiring particular intent or knowledge committed by one who is intoxicated24
87Act not intended to cause death, done by consent25
88Act not intended to cause death, done by consent in good faith for benefit26

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IPC→BNS table