Criminal Code (Cap. 9), article 34

34. (1) Save as provided in this article, intoxication shall not constitute a defence to any criminal charge. (2) Intoxication shall be a defen ce to any criminal charge if - (a) by reason thereof the person charged at the time of the act or omission complained of was incapable of understanding or volition and 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 the intoxication insane, temporarily or otherwise, at the time of such 32 CAP. 9.] CRIMINAL CODE act or omission. (3) Where the defence under sub-article (2) is established, then , in a case falling under paragraph ( a) thereof, the person charged shall be discharged, and, in a case falling under paragraph ( b), the provisions of articles 620 to 623 and 625 to 628 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 article "intoxication" shall be deemed to include a state produced by n arcotics or drugs. Minors under fourteen years of age. Amended by: III.1899.10; XI.1900.11; XII.1913.1. Substituted by: V .1956.9. Amended by: XVIII.1980.15; XIII.1983.5; XXIX.1990.4; L.N. 407 of 2007. Substituted by: III.2014.2. Cap. 285.