MURDER, MANSLAUGHTER, ATTEMPTS TO COMMIT Murder is unlawful homicide, committed with (a.) An intention to cause the death of, or grievous bodily harm to, any person, whether such person is the person actually killed or not; or with 5 (b.) Knowledge that the act or omission to discharge a legal duty 10 which causes death will probably cause the death of, or grievous bodily harm to, some person, whether such person is the person actually killed or not, although such knowledge may be accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused. This section is subject to the provisions of sections 136 and 137. SECTION 135. MANSLAUGHTER DEFINED. Manslaughter is unlawful homicide not amounting to murder. SECTION 136. EFFECT AND DEFINITION OF PROVOCATION. Homicide, which would otherwise be murder, is not murder, but manslaughter, if the person who causes death does so in the heat of passion, caused by sudden provocation. 15 20 Provocation means any wrongful act or omission of such a nature 25 as to be sufficient to deprive an ordinary person aggrieved thereby of the power of self-control. Whether any particular act or omission amounts to provocation shall be a question of fact, provided that no one shall be deemed to give provocation to another only by doing that which he had a legal 30 right to do. SECTION 137. WHEN PROVOCATION DOES NOT EXTENUATE HOMICIDE. Provocation shall not extenuate the guilt of homicide if it is sought or voluntarily provoked by the offender as an excuse for killing or 35 doing bodily harm to any person, nor unless the person provoked is at the time when he does the act actually deprived of the power of self-control by the provocation which he received, and in deciding the question whether this was or was not the case, regard shall be 5 had to the nature of the act by which the offender causes death, A.D. 1878. to the time which elapsed between the provocation and the act which caused death, to the offender's conduct during that interval, and to all other circumstances tending to show the state of his mind. SECTION 138. INFANTICIDE. If a woman causes the death of her child in the act of or immediately after its birth, under such circumstances that she would otherwise be guilty of murder, she shall be deemed to be not guilty of 10 murder, but guilty of manslaughter, if she was at the time when she caused its death deprived by reason of bodily or mental suffering of the power of self-control. 15 SECTION 139. SUICIDE. Suicide is the act of a person who kills himself under such circumstances that his act or omission would amount to murder if he caused the death of another person thereby. The word murder in this Act does not include suicide. SECTION 140. 20 25 30 35 PUNISHMENT OF MURDER. Every person who commits murder shall be guilty of an indictable offence, and shall upon conviction thereof suffer death. This section shall extend to acts done in any part of the world by persons owing allegiance to Her Majesty. SECTION 141. ATTEMPTS TO COMMIT MURDER. Everyone shall be guilty of an indictable offence, and shall be (b.) Is an accessory after the fact, to any murder; or (c.) Does any act under such circumstances and with such intent or knowledge that if death had been caused thereby the person doing the act would have been guilty of murder. SECTION 142. THREATS AND CONSPIRACIES TO MURDER. Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to ten years penal servitude, who (a.) Unlawfully and without legal justification or excuse sends, delivers, or utters, or directly or indirectly causes to be received, knowing the contents thereof, any document threatening to kill or murder any person; or who (b.) Conspires or agrees with any other person to murder any 5 person, or to cause or procure the murder of any person, whether he be a subject of Her Majesty or not, and whether he be within Her Majesty's dominions or not; or who (c.) Incites any person to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within 10 Her Majesty's dominions or not. SECTION 143. PUNISHMENT OF MANSLAUGHTER. Everyone who commits manslaughter shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal 15 servitude for life. This section shall extend to acts done in any part of the world by persons owing allegiance to Her Majesty. Any person owing allegiance to Her Majesty who in any part of the world becomes accessory after the fact to manslaughter shall be 20 liable to be tried and punished therefor in England. SECTION 144. AIDING AND ABETTING THE COMMISSION OF SUICIDE. Everyone who incites any person to commit suicide, or aids or abets any person in the commission of suicide, shall be guilty of 25 an indictable offence, and shall be liable upon conviction thereof to penal servitude for life. SECTION 145. ATTEMPTING TO COMMIT SUICIDE. Everyone who attempts to commit suicide shall be guilty of an 30 indictable offence, and shall be liable upon conviction thereof to imprisonment. SECTION 146. CONCEALING THE BIRTH OF CHILDREN. Everyone shall be guilty of an indictable offence, and shall be 35 liable upon conviction thereof to two years imprisonment and hard labour, who, if any woman is delivered of a child, disposes of its dead body in any manner with intent to conceal the fact that its mother was delivered of it. No fœtus shall be deemed to be a child within the meaning of A.D. 1878. this section which had not when born reached the period at which it might have been born alive. CHAPTER XXI. BODILY INJURIES AND ACTS CAUSING DANGER TO THE PERSON. SECTION 147. DEFINITIONS. In this and the following chapter the expression "voluntarily 10 causing" includes both causing with intent to cause and causing by means which are commonly known to be likely to cause the effect referred to. 15 The expression" dangerous instrument" includes (a.) Any instrument for shooting, stabbing, or cutting; (b.) Any instrument which used as a means of offence is likely to cause death: (c.) Fire or any heated substance; (d.) Poison, any corrosive substance, any explosive substance, anything which it is injurious to the human body to inhale or 20 swallow or receive into the body; (e.) Any living creature. SECTION 148. ATTEMPTS TO STRANGLE IN ORDER TO COMMIT A CRIME. Everyone shall be guilty of an indictable offence and shall upon 25 conviction thereof be liable to penal servitude for life, and according to his age to be flogged or whipped once, twice, or thrice; 30 35 Who, with intent to commit or to facilitate the commission by any person of any indictable offence, (i.) Attempts by any means whatever to choke, suffocate, or (ii.) Attempts to render any person incapable of resistance by (iii.) Causes or attempts to cause any person to be affected by A.D. 1878. SECTION 149. CAUSING GRIEVOUS BODILY HARM. Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal servitude for life, and if a male under 16 to be once whipped, who by any means whatever, or for 5 any purpose whatever, voluntarily causes to any person grievous bodily harm. SECTION 150. ATTEMPTING TO CAUSE GRIEVOUS BODILY HARM IN Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, and if a male under 16 to be once whipped; (a.) Who for any purpose whatever attempts to cause grievous bodily harm to any person by any dangerous instrument; or (b.) Uses any dangerous instrument in such a manner that if it had caused grievous bodily harm to any person the offender would have committed the offence of voluntarily causing grievous bodily harm to that person. SECTION 151. RESISTING LAWFUL APPREHENSION. 10 15 20. Everyone shall be guilty of an indictable offence and shall be liable upon conviction thereof to penal servitude for life who resists, or attempts to resist, the lawful apprehension of any person, or to prevent his lawful detainer, either by voluntarily wounding 25 any person or by attempting to do bodily harm to any person by means of any dangerous instrument. SECTION 152. ATTEMPTING TO INJURE BY BLOWING UP HOUSES OR SHIPS. Everyone shall be guilty of an indictable offence, and shall be 30 liable upon conviction thereof to fourteen years penal servitude, who attempts to do or does any bodily injury to any person by unlawfully and intentionally placing or throwing any explosive substance in, into, upon, against, near, or under any building, ship, or vessel, whether or not any explosion takes place. SECTION 153. ATTEMPTS TO ENDANGER RAILWAY PASSENGERS. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, and if a 35 |