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30 Nov 2008

Formal Consolidation | 2008 RevEd

Intoxication when a defence

85.—(1) Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.

(2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and —

(a)	the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b)	the person charged was, by reason of intoxication, insane, temporarily or otherwise, at the time of such act or omission.

[Indian PC 1860, s. 85]

Informal Consolidation | Amended Act 15 of 2019

Intoxication when a defence

85.—(1) Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.

(2) Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged, at the time of the act or omission complained of —

(a)	did not know what he was doing; or
(b)	did not know that such act or omission was wrong (whether wrong by the ordinary standards of reasonable and honest persons or wrong as contrary to law),

and the state of intoxication was caused without the knowledge or against the will of the person charged with the offence.

[Act 15 of 2019 wef 01/01/2020]

(3) Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged was of unsound mind as determined in accordance with section 84.

[Act 15 of 2019 wef 01/01/2020]

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