08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
or knowing it to be likely to cause Z's death induces B to fire at the bush. B
fires and kills Z. Here B may be guilty of no offence; but A has committed the
offence of culpable homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind
a bush; A not knowing that he was there. Here, although A was doing an
unlawful act, he was not guilty of culpable homicide, as he did not intend to kill
B or cause death by doing an act that he knew was likely to cause death.
Explanation 1. A person who causes bodily injury to another who is labouring
under a disorder, disease or bodily infirmity, and thereby accelerates the death of
that other, shall be deemed to have caused his death.
Explanation 2. Where death is caused by bodily injury, the person who causes
such bodily injury shall be deemed to have caused the death, although by
resorting to proper remedies and skilful treatment the death might have been
prevented.
Explanation 3. The causing of the death of a child in the mother's womb is not
homicide. But it may amount to culpable homicide to cause the death of a living
child, if any part of that child has been brought forth, though the child may not
have breathed or been completely born.
Murder
300. Except in the cases hereinafter excepted, culpable homicide is murder, if the
act by which the death is caused is done with the intention of causing death, or
Secondly.If it is done with the intention of causing such bodily injury as the
offender knows to be likely to cause the death of the person to whom the harm
is caused, or –
Thirdly.If it is done with the intention of causing bodily injury to any person and
the bodily injury intended to be inflicted is sufficient in the ordinary course of
nature to cause death, or –
Fourthly.f the person committing the act knows that it is so imminently
dangerous that it must, in all probability, cause death, or such bodily injury as is
likely to cause death, and commits such act without any excuse for incurring the
risk of causing death or such injury as aforesaid.
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A
commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to
cause his death, strikes him with the intention of causing bodily injury. Z dies in
consequence of the blow. A is guilty of murder, although the blow might not have
been sufficient in the ordinary course of nature to cause the death of a person in
a sound state of health. But if A, not knowing that Z is labouring under any
disease, gives him such a blow as would not in the ordinary course of nature kill
a person in a sound state of health, here A, although he may intend to cause
bodily injury, is not guilty of murder, if he did not intend to cause death or such
bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a swordcut or clubwound sufficient to cause the
death of a man in the ordinary course of nature. Z dies in consequence. Here A
is guilty of murder, although he may not have intended to cause Z's death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills
one of them. A is guilty of murder, although he may not have had a
premeditated design to kill any particular individual.
When culpable
homicide is not
murder
Exception 1.Culpable homicide is not murder if the offender, whilst deprived of
the power of selfcontrol by grave and sudden provocation, causes the death of
the person who gave the provocation or cause the death of any other person by
mistake or accident.
The above exception is subject to the following provisos:
Firstly.That the provocation is not sought or voluntarily provoked by the offender
as an excuse for killing or doing harm to any person.
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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