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Section history

Section 86 — Effect of defence of intoxication when established

As in force on 28 July 2023.

Timeline 6 versions
  1. 30 March 1987 Enacted
  2. 30 November 2008 Revised edition
  3. 2 January 2011 Act 15 of 2010
  4. 1 January 2020 Act 15 of 2019
  5. 31 December 2021 Revised edition
  6. 28 July 2023 You are here
  7. 17 August 2026 Latest
86.Effect of defence of intoxication when established

(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 2010 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.

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