Section 29: Intoxication
(1) Save as provided in this section, intoxication shall not constitute a defence to any
criminal charge.
(2) Intoxication shall be a defence to any criminal charge if by reason thereof the
person charged at the time of the act or omission complained of did not know that
such act or omission was wrong or did not know what he 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 such act or omission.
(3) Where the defence under the preceding subsection is established, then in a case
falling under paragraph (a) thereof, the accused person shall be discharged, and in a
case falling under paragraph (b), sections 229 and 230 of the Criminal Procedure Act
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.
Cite this section
Section 29, CRIMINAL CODE ACT (2004).
https://repo.podus.ai/laws/criminal-code-act/section/29/