Penal Code 1871 - Singapore Statutes Online

Intoxication when a defence

85.—(1) Except as provided in this section and in section 86, intoxication shall not constitute a defence to any criminal charge.

(2) Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged, at the time of the act or omission complained of —

(a)	did not know what he was doing; or
(b)	did not know that such act or omission was wrong, [Act 23 of 2021 wef 01/03/2022]

and the state of intoxication was caused without the knowledge or against the will of the person charged with the offence.

[15/2019]

(2A) Subsection (2)(b) only applies if the person charged, at the time of the act or omission complained of, did not know that the act or omission —

(a)	was wrong by the ordinary standards of reasonable and honest persons; and
(b)	was wrong as contrary to law. [Act 23 of 2021 wef 01/03/2022]

(3) Intoxication is a defence to any criminal charge if by reason of the intoxication the person charged was of unsound mind as determined in accordance with section 84.

[15/2019]

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