Malaysia legislation

Section 85

of PENAL CODE

Section 85

Intoxication when a defence

(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

Section 85 — PENAL CODE | mylaw.my