Section 44. Act of a person or unsound mind. (SYARIAH CRIMINAL OFFENCES (SELANGOR) ENACTMENT 1995

ENACTMENT NO. 9 OF 1995
SYARIAH CRIMINAL OFFENCES (SELANGOR) ENACTMENT 1995

PART VI - GENERAL EXCEPTIONS

Section 44. Act of a person or unsound mind.

(1) Nothing is an offence which is done by a person who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

(2) For the purpose of this section, if a person was in a state of intoxication at the time of the act or omission complained of and-

(a) the state of intoxication was such that he did not know that such act or omission was wrong or did not know what he was doing; and

(b) the state of intoxication was caused without his consent by the malicious or negligent act of another person,

he shall be deemed to be a person of unsound mind.

(3) In this section, "intoxication" shall be deemed to include a state produced by narcotics or drugs.