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Report No. 42

16. Substitution of new section for section 85.-

For section 85 of the Code, the following section shall be substituted as section 48, namely.-

"48. Act of a person who is intoxicated.- (1) Nothing is an offence which is done by a person who, at the time of doing it, is, by person of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law:

Provided that such intoxication was not self-induced.

(2) Where an act done by a person in a state of intoxication which is self-induced will be an offence if done with a particular knowledge, he shall be liable to be dealt with as if he did the act with the knowledge he would have had if he had not been intoxicated.

(3) Intoxication is self-induced in a person if he voluntarily causes the state of intoxication in himself."

Indian Penal Code Back

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