(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 31420112512011 and 31520112522011 of the Criminal Procedure Code [Cap.2008(Cap.2008·2011 67]200868)2008·201120102011 shall apply.
Section history
Section 86 — Effect of defence of intoxication when established
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Subsection (1) — Original text to 1 January 2020superseded
Subsection (1) — From 1 January 2020 (current)rewritten by Criminal Law Reform Act 2019
(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 2021will 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 belief2020, 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]