(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. 68) shall apply.
Section history
Section 86 — Effect of defence of intoxication when established
As in force on 30 November 2008.
The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.
(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.
[Indian PC 1860, s. 86]