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| ===== 100. Culpable homicide ===== | ===== 100. Culpable homicide ===== | ||
| - | 100. Culpable homicide.—Whoever causes death by doing an act with the intention of causing | + | 100. Culpable homicide.— |
| - | death, or with the intention of causing such bodily injury as is likely to cause death, or with the | + | |
| - | knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. | + | |
| - | Illustrations. | + | |
| - | (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the | + | |
| - | knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls | + | |
| - | in and is killed. A has committed the offence of culpable homicide. | + | |
| - | (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, 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 to cause death by doing an act that he knew was likely to cause | + | Whoever causes death |
| - | death. | + | |
| - | Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder, | + | * by doing an act |
| - | disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have | + | * with the intention of causing death, or |
| - | caused his death. | + | * with the intention of causing such bodily injury as is likely to cause death, or |
| - | Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury | + | * with the knowledge that he is likely by such act to cause death, |
| - | shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment | + | * commits the offence of culpable homicide. |
| - | 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 | + | **Illustrations.** |
| - | 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. | + | >(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. |
| + | |||
| + | >(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, 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 | ||
| + | |||
| + | 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. | ||
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