PART I—GENERAL PROVISIONS

CHAPTER 5—GENERAL EXEMPTIONS

Section 28—Criminal Liability of Intoxicated Person.

(1) Save as provided in this section, intoxication is not a defence to any criminal charge.

(2) Intoxication is a defence to a criminal charge if by reason thereof a person charged at the time of the act complained of did not know that the act was wrong or did not know what he is 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 the act.

(3) Where the defence under subsection (2) is established, then in a case falling under paragraph (a) the accused person shall be discharged, and in case falling under paragraph (b) the special verdict provided for by the Criminal Procedure Code in the case of insanity shall apply.

(4) 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.

(5) For the purposes of this section "intoxication" shall be deemed to include a state produced by narcotics or drugs.