Majority verdict where panel reduced

(1) Where during the trial of any civil cause or any criminal cause in which the accused has been arraigned for an offence not punishable with death one juror dies or becomes incapable of acting or absents himself the remaining jurors may return a verdict, after the period specified in section 21 of this Act, of seven to one or ten to one depending on the number of jurors that have been empanelled, and such verdict when so delivered shall have effect as if the whole jury had concurred therein. (2) Where during the trial of any civil cause or any criminal cause in which the accused has been arraigned with an offence not punishable with death the number of the jury has been reduced to ten or seven, depending on the number of jurors that have been empanelled, and the court has in accordance with section 35 (4) of this Act proceeded with the remaining jurors, the verdict shall be unanimous. (3) This section shall not apply where a trial is conducted without a jury under the provisions of section 65.01 or section 65.02 of the Indictable Procedure Act, Cap. 96.