(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 251 and 252 of the Criminal Procedure Code 2010 shall apply.
Section history
Section 86 — Effect of defence of intoxication when established
As in force on 1 January 2020.
(1)Where the defence under section 85 is established, then the accused person must be acquitted, except that if the person was of unsound mind by reason of intoxication, section 84 of this Code and sections 251 and 252 of the Criminal Procedure Code will apply.
(2) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention or had any knowledge or belief, 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]