BACK TO SECTIONS(2011) 11 SCC 495
IPC 1860REPEALED
Section 82-86
General Exceptions: Infancy, Insanity, Intoxication
Replaced by: BNS 20-24
N/ACognizable: N/AN/A
THE STATUTE
Original Text
Section 82: Nothing is an offence which is done by a child under seven years of age. Section 83: Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding. Section 84: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law. Section 85: Act of a person incapable of judgment by reason of intoxication caused against his will.
Simplified
Sections 82–86 address incapacity defences — situations where age, mental illness, or involuntary intoxication meant the person was genuinely incapable of forming criminal intent. Section 82 gives absolute immunity to children under 7 — the 'doli incapax' principle rooted in Roman law. Section 83 creates qualified immunity for ages 7–12: liability attaches only if the child had sufficient maturity of understanding. Section 84 (insanity) follows the M'Naghten Rules (1843): complete defence only where the person either did not know the nature of their act OR did not know it was wrong. This is a very high standard — ordinary mental illness or reduced impulse control does not qualify. Section 85 protects involuntary intoxication. Section 86 expressly EXCLUDES voluntary intoxication as a defence for knowledge-based offences.
Legal Evolution
The M'Naghten Rules of 1843 emerged from the trial of Daniel M'Naghten, who killed the British Prime Minister's secretary while suffering paranoid delusions. His acquittal triggered a national debate. The IPC codified the resulting rules in Section 84.
Landmark Precedents
Surendra Mishra v. State of Jharkhand (2011)
RELEVANCE
Reaffirmed that the insanity defence requires proof the accused could not understand the act's nature or wrongfulness at the exact time — mere mental abnormality insufficient.
Practical Scenarios
"A 5-year-old who fires a gun found in a drawer — absolute immunity under Section 82."
"A severely mentally ill person who kills someone believing they are killing a demon — potentially acquitted under Section 84."
"A person whose drink was spiked causing them to harm someone — involuntary intoxication defence under Section 85."
Common Queries
Only if the intoxication was involuntary (Section 85). Voluntary drunkenness is expressly excluded by Section 86 as a defence for knowledge-based offences.