Back to Penal Code 1871

Section history

Section 86 — Effect of defence of intoxication when established

As in force on 12 November 1993.

Timeline 6 versions
  1. 30 March 1987 Enacted
  2. 12 November 1993 You are here
  3. 30 November 2008 Revised edition
  4. 2 January 2011 Act 15 of 2010
  5. 1 January 2020 Act 15 of 2019
  6. 31 December 2021 Revised edition
  7. 17 August 2026 Latest
86.Effect of defence of intoxication when established

(1)Where the defence under section 85 is established, then in a case falling under section 85(2)(a) the accused person shall be acquitted, and in a case falling under section 85(2)(b), section 84 of this Code and sections 314 and 315 of the Criminal Procedure Code [Cap. 67] shall apply.

(2)Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.

Interpretation

(3)For the purposes of this section and section 85 “intoxication” shall be deemed to include a state produced by narcotics or drugs.