08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Attempt to murder
Attempts by life
convicts
307. Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty of murder,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine; and, if hurt is caused to any
person by such act, the offender shall be liable either to 111[ imprisonment] for
life, or to such punishment as is hereinbefore mentioned.
When any person offending under this section is under sentence of 112[
imprisonment] for life, he may, if hurt is caused, be punished with death.
Illustration
(a) A shoots at Z with intention to kill him, under such circumstances that, if
death ensued, A would be guilty of murder. A is liable to punishment under this
section.
(b) A with the intention of causing the death of a child of tender years exposes it
in a desert place. A has committed the offence defined by this section, though
the death of the child does not ensue.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed
the offence. A fires the gun at Z. He has committed the offence defined in this
section, and, if by such firing he wounds, he is liable to the punishment provided
by the latter part of the first paragraph of this section.
(d) A, intending to murder Z, by poison, purchases poison and mixes the same
with food which remains in A's keeping; A has not yet committed the offence in
this section. A places the food on Z's table or delivers it to Z's servants to place
it on Z's table. A has committed the offence defined in this section.
Attempt to commit
culpable homicide
308. Whoever does any act with such intention or knowledge and under such
circumstances that, if he by that act caused death, he would be guilty of culpable
homicide not amounting to murder, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both; and, if hurt is caused to any person by such act, shall be punished with
imprisonment of either description for a term which may extend to seven years,
or with fine, or with both.
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances
that if he thereby caused death he would be guilty of culpable homicide not
amounting to murder. A has committed the offence defined in this section.
Attempt to commit
suicide
309. Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple imprisonment for a
term which may extend to one year, or with fine, or with both.
310. Whoever, at any time after the passing of this Act, shall have been
habitually associated with any other or others for the purpose of committing
robbery or childstealing by means of or accompanied with murder, is a thug.
Thug
Punishment
311. Whoever is a thug, shall be punished with
shall also be liable to fine.
113[ imprisonment]
for life, and
Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of
Infants, and of the Concealment of Births.
Causing miscarriage
312. Whoever voluntarily causes a woman with child to miscarry, shall, if such
miscarriage be not caused in good faith for the purpose of saving the life of the
woman, be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both; and, if the woman be
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