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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX rv       ,.                                   773

and if the offence is punishable with transportation for life, or with imprisonment
which may extend to ten years, shall be punished with imprisonment of either des-
cription for a term which may extend to three years, and shall also be liable to fine;

and if the offence is punishable with imprisonment for any term not extending
to ten years, shall be punished with imprisonment of the description provided for the
offence, for a term which may extend to one-fourth part of the longest term of the
imprisonment provided for the offence, or with fine or with both.

202, Intentional omission to give information of offence by person bound to inform.
—Whoever, knowing or having reason to believe that an offence has been committed,
intentionally omits to give any information respecting that offence which he is legally
bound to give, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.

284, Negligent conduct with respect to poisonous substance.—Whoever does, with
any poisonous substance, any act in a manner so rash or negligent as to endanger
human life, or to be likely to cause hurt or injury to any person, or knowingly or
negligently omits to take such order, with any poisonous substance in his possession as
is sufficient to guard against probable danger to human life from such poisonous sub-
stance, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with
both-

294. Obscene acts and songs.—Whoever, to the annoyance of others, (a) does any
obscene act in any public place, or (b) sings, recites or utters any obscene songs, ballad
or words, in or near any public place, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine, or with both.

299.    Culpable homicide.—Whoever causes death by doing an act with the intention
of causing 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.

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,

300.   Murder,—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.—If the person committing the act knows that it is so imminently dan-
gerous 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,

Exception 1,—Culpable homicide is not murder if the offender, whilst deprived of
the power of self-control by grave and sudden provocation, causes the death of the
person who gave the provocation, or causes the death of other person by mistake or
accident.

The above exception is subject to the following provisos: —

First.—That the provocation is not sought or voluntarily provoked by thfc offender
as an excuse for killing or doing harm to any person.

Secondly.-~That the provocation is not given by anything done in obedience to the
law, or by a public servant in the lawful exercise of the powers of such public servant

Thirdly,—That the provocation is not given by anything in the lawful exercise of
the right of private defence.

Explanation.—Whether the provocation was grave and sudden enough to prevent
the oflencG from amounting to murder is a question of fact.

Exception 2,—Culpable homieide is not murder if the offender, in the exercise in
good faith of the right of private defence of person or property, exceeds the power given
to him by law and causes the death of the person- against whom he is exercising such
right of defence without premeditation, and without any intention of doing more harm
than is necessary for the purpose'of such defence. . . : .

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