Section 85
Intoxication when defence
of Penal Code
ActIn forceProvision 52 of 195
Section 85
(1)
Save as provided in this section and in section 86, 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.
Penal Code
CAP. 22 49
a