Penal Code
2008 Ed.
CAP. 224
140
duty as such public servant, and without ill-will towards the person whose death is
caused.
Exception 4.—Culpable homicide is not murder if it is committed without
premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and
without the offender having taken undue advantage or acted in a cruel or unusual
manner.
Explanation —It is immaterial in such cases which party offers the
provocation or commits the first assault.
Exception 5.—Culpable homicide is not murder when the person whose death
is caused, being above the age of 18 years, suffers death or takes the risk of death
with his own consent.
Illustration
A, by instigation, voluntarily causes Z, a person under 18 years of age, to
commit suicide. Here, on account of Z’s youth, he was incapable of giving consent
to his own death. A has therefore abetted murder.
Exception 6.—Culpable homicide is not murder if the offender being a woman
voluntarily causes the death of her child being a child under the age of 12 months,
and at the time of the offence the balance of her mind was disturbed by reason of
her not having fully recovered from the effect of giving birth to the child or by
reason of the effect of lactation consequent upon the birth of the child.
Exception 7.—Culpable homicide is not murder if the offender was suffering
from such abnormality of mind (whether arising from a condition of arrested or
retarded development of mind or any inherent causes or induced by disease or
injury) as substantially impaired his mental responsibility for his acts and
omissions in causing the death or being a party to causing the death.
[Indian PC 1860, s. 300]
Culpable homicide by causing the death of a person other than
the person whose death was intended
301. If a person, by doing anything which he intends or knows to be
likely to cause death, commits culpable homicide by causing the death
of any person whose death he neither intends nor knows himself to be
likely to cause, the culpable homicide committed by the offender is of
the description of which it would have been if he had caused the death
of the person whose death he intended or knew himself to be likely to
cause.
[Indian PC 1860, s. 301]
Informal Consolidation – version in force from 1/4/2015
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