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CHAPTER XV,—MURDER: AND MANSLAUGHTER.
157.—Definition of Murder, Manslaughter, &c. Unlawful homicide is murder, if person who commits it-- (1) intends to cause the death of the person killed ; (2) intends to cause to the person killed any bodily injury which is known to the offender to be likely to cause death, and is reckless whether death ensues or not;
(3) intends to cause death, or, being reckless as afore- said, intends to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person;
(4) for any unlawful object, does an act which he knows, or ought to know, to be likely to cause death, and thereby kills any person ;
(5) means to inflict grievous bodily injury for the purpose of facilitating either the commission of any of the offences hereinafter mentioned, or the flight of him- self or any other person, after committing or attempting to commit any of such offences, and death ensues from such injury;
(6) administers any stupefying thing for either of the purposes aforesaid, and death ensues from the effects thereof;
(7) by any means wilfully stops the breath of any person for either of the purposes aforesaid, and death ensues from such stopping of the breath.
In cases (5) (6) and (7) the unlawful homicide is murder, whether or not the person committing it intended death to ensue, or knew that death was likely to ensue, from his act or omission.
The offences referred to in sub-sections (5) (6) and (7) are, high treason, treason-felony, piracy and offences deemed to be piracy, any offence constituting a resistance to lawful arrest, murder and the offences mentioned in the following sections of this code, namely sections 184 (rape), 191 (abduction), 243 (robbery), 247 (breaking a dwelling-house), so far as they are punishable by penal servitude for life, and 286 (setting fire to buildings, &c.).
158. Provocation.
A. 170, 171. B. 17445. C. 302.
Unlawful homicide, which would otherwise be murder, may A. 172. be reduced to manslaughter if the person who causes death, B. 176. does so in the heat of passion caused by sudden provocation.
Any, wrongful act, or insult of such a nature as to be sufficient to deprive an ordinary person of the power of self- control, may be provocation, if the offender acts upon it on the sudden and before there has been time for his passion to cool,
Whether any particular wrongful act or insult, whatever may be its nature, amounts to provocation, and whether the person provoked was actually deprived of the power of self- control by the provocation which he received, shall be questions of fact, provided that no one shall be deemed to give provoca- tion to another only by doing that which he had a legal right
0.304.
A. 173. B. 177. C. 300.
A. 174, 178,
B. 178.
C. 305, 310.
24 & 25
Vict. c. 100.
9.M. 2, 5.
A. 174.
B. 179.
C. 306.
24 & 25 Vict. c. 100.
8.8. 11-15.
A. 176. B. 180.
C. 539, 541.
24 & 25
Vict. c. 100.
8. 4.
A. 177.
B. 181.
C. 307.
24 & 25
Vict. c. 100.
•. 67.
A. 180.
B. 184.
C. 312.
A. 179. B. 183. C 311.
A. 205.
B. 212.
C. 313.
Jam. 249,
262.
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to do, or by doing anything which the offender incited him to do in order to provide the offender with an excuse for killing or doing bodily harm to any person.
Provided also that an arrest shall not necessarily reduce the offence from murder to manslaughter because the arrest was illegal, but if the illegality was known to the offender it may be evidence of provocation.
159.—Manslaughter.
Unlawful homicide not amounting to murder is manslaughter.
160.-Punishment for Murder and Manslaughter.
Murder is punishable with death.
Manslaughter is punishable with penal servitude for life.
161.—Attempt to Murder.
Any person who attempts to cominit murder is liable to penal servitude for life.
162.-Conspiracy and Incitement to Murder.
Any one who
(1) conspires or agrees with any person to murder, or procure, or cause, the murder of any other person, in
A.B. or elsewhere; or
(2) attempts to procure, counsels or incites any person
to murder any other person, in A.B. or elsewhere, whether
such other person is murdered or not,
is liable to penal servitude for life.
163.—Accessory after the Fact to Murder,
An accessory after the fact to mur:ler is liable to penal
servitude for life. ~
164.—Attempting to commit Suicide,
Any person who attempts to commit suicide is guilty of a misdemeanour.
165.-Aiding and procuring Suicide.,
Any person who aids any other person in committing, or causes, procures, or counsels him to commit suicide which such other person consequently commits, is liable to penal servitude for life.
166.--Killing unborn Child,
Any person who causes the death of any living child which has not become a human being, in such a manner that he would have been guilty of murder, if the child had become a human being, is liable to penal servitude for life.