574
No. 9 of 1899.
Proceedings
and sentence in case of expectant mother
convicted of
capital
offence.
21 & 22 Geo. 5, c. 24.
#
Conviction for infanticide in certain
cases.
12 & 13 Geo. 5, c. 18, s. 1.
CRIMINAL PROCEDURE.
Pregnancy and Infanticide.
77.—(1) Where a woman convicted of an offence punishable with death is found in accordance with the provisions of this section to be pregnant, the sentence to be passed on her shall be sentence of imprisonment for life instead of sentence of death.
(2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence is passed two or more medical practitioners shall be sworn and shall examine the woman in some private place, either together or successively, and shall inquire whether she is pregnant or not.
If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her.
(3) No jury de ventre inspiciendo shall be empanelled or sworn in any such case.
(4) Where on proceedings under sub-section (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Full Court under section 78A, and that court, if satisfied for any reason that the finding should be set aside, shall quash the sentence passed on such woman and shall pass instead sentence of imprisonment for life.
(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child.
77A.—(1) Where a woman by any wilful act or omission causes the death of her newly-born child, but at the time of the act or omission she had not fully recovered from the effect of giving birth to such child, and by reason thereof the balance of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of such child.
* As amended by No. 37 of 1934 [9.11.34].
Page 20
Page 21
574
No. 9 of 1899.
Proceedings
and sentence in case of expectant mother
convicted of
capital
offence.
21 & 22 Geo. 5, c. 24.
#
Conviction for infan- ticide in certain
cases.
12 & 13 Geo. 5, c. 18, s. 1.
CRIMINAL PROCEDURË.
Pregnancy and Infanticide.
77.—( (1). Where a woman convicted of an offence punish- able with death is found in accordance with the provisions of this section to be pregnant, the sentence to be passed on her shall be sentence of imprisonment for life instead of sentence of death.
(2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence. is passed two or more medical practi- tioners shall be sworn and shall examine the woman in some private place, either together or successively, and shall inquire whether she is pregnant or not.
If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her.
(3) No jury de ventre inspiciendo shall be empanelled or sworn in any such case.
(4) Where on proceedings under sub-section (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Full Court under section 78A, and that court, if satisfied for any reason that the finding should be set aside, shall quash the sentence passed on such woman and shall pass instead sentence of imprisonment for life.
(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child.
77A.—(1) Where a woman by any wilful act or omission causes the death of her newly-born child, but at the time of the act or omission she had not fully recovered from the effect of giving birth to such child, and by reason thereof the balance of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that but for the provisions of this section the offence would have amounted to murder, be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of such child.
* As amended by No. 37 of 1934 [9.11.34].
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