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Section 86

Effect of defence of intoxication when established

of Penal Code

ActIn forceProvision 68 of 489
Section 86
(1)

Where the defence under subsection 85(2) is established, then in a case falling under paragraph (a) thereof the accused person shall be acquitted, and in a case falling under paragraph (b), the provisions of section 84 of this Code, sections 347 and 348

of the Criminal Procedure Code [Act 593] shall apply.

(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.

(3)

For the purpose of this and the preceding section “intoxication”

shall be deemed to include a state produced by narcotics or drugs.

Act 574

Act not intended and not known to be likely to cause death or grievous hurt, done by consent