Penal Code
51
(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.
Effect of defence of intoxication when established
86. (1) Where the defence under subsection 85(2) is established,
then in a case falling under paragraph (a) thereof the accused
person shall be acquitted, and in a case falling under paragraph (b),
the provisions of section 84 of this Code, sections 347 and 348
of the Criminal Procedure Code [Act 593] shall apply.
(2) 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.
(3) For the purpose of this and the preceding section “intoxication”
shall be deemed to include a state produced by narcotics or drugs.
Act not intended and not known to be likely to cause death
or grievous hurt, done by consent
87. Nothing, which is not intended to cause death or grievous
hurt, and which is not known by the doer to be likely to cause
death or grievous hurt, is an offence by reason of any harm which
it may cause, or be intended by the doer to cause, to any person
above eighteen years of age, who has given consent, whether
express or implied, to suffer that harm; or by reason of any harm
which it may be known by the doer to be likely to cause to any
such person who has consented to take the risk of that harm.