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Which of the following is untrue with respect to defence of intoxication?
The defence of intoxication is generally available to the accused
Section 86 is an absolute defence while section 85 is a partial defence available to the accused
Under section 85 a person voluntarily intoxicated will be deemed to have the same knowledge as he would have had it he had not been intoxicated
All of the above
- Option 1: The defence of intoxication is generally available to the accused.
This is untrue. The defence of intoxication is not generally available. It is limited and often only applies to involuntary intoxication or when specific intent cannot be formed.
- Option 2: Section 86 is an absolute defence while section 85 is a partial defence available to the accused.
This is untrue. Section 85 deals with involuntary intoxication and can be a defence if the intoxication prevents the formation of intent, not absolute. Section 86 usually addresses offences that require specific intent.
- Option 3: Under section 85, a person voluntarily intoxicated will be deemed to have the same knowledge as he would have had it he had not been intoxicated.
This is untrue. Section 85 addresses involuntary intoxication. Voluntary intoxication does not offer a defence and is covered under different principles.
- Option 4: All of the above.
This is correct. All statements above are legally incorrect.
By: santosh ProfileResourcesReport error
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