Which one of the following is not correct in case of defence of intoxication?
Under section 85 of the Indian Penal Code, intoxication is a defence only where the intoxicant was administered without the person's knowledge or against his will and he was…
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Which one of the following is not correct in case of defence of intoxication?
Answer and explanation
Correct answer D
Under section 85 of the Indian Penal Code, intoxication is a defence only where the intoxicant was administered without the person's knowledge or against his will and he was thereby incapable of knowing the nature of the act, or that it was wrong or contrary to law. Section 86 deals with voluntary intoxication and attributes to the accused the same knowledge he would have had if sober. The incorrect statement is therefore that "Particular intention and not knowledge is attributed to the accused who has acted under involuntary intoxication".
Current law: sections 85 and 86 of the Indian Penal Code are now sections 23 and 24 of the Bharatiya Nyaya Sanhita, 2023.
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