CAP. 63
Penal Code
[Rev. 2012]
214. When child deemed to be a person
A child becomes a person capable of being killed when it has completely
proceeded in a living state from the body of its mother, whether it has breathed or
not, and whether it has an independent circulation or not, and whether the navelstring is severed or not.
215. Limitation as to time of death
(1) A person is not deemed to have killed another if the death of that person
does not take place within a year and a day of the cause of death.
(2) Such period is reckoned inclusive of the day on which the last unlawful act
contributing to the cause of death was done.
(3) When the cause of death is an omission to observe or perform a duty, the
period is reckoned inclusive of the day on which the omission ceased.
(4) When the cause of death is in part an unlawful act, and in part an omission
to observe or perform a duty, the period is reckoned inclusive of the day on which
the last unlawful act was done or the day on which the omission ceased, whichever
is the later.
CHAPTER XX – DUTIES RELATING TO THE
PRESERVATION OF LIFE AND HEALTH
216. Responsibility of person who has charge of another
It is the duty of every person having charge of another who is unable by
reason of age, sickness, unsoundness of mind, detention or any other cause to
withdraw himself from such charge, and who is unable to provide himself with the
necessaries of life, whether the charge is undertaken under a contract or is imposed
by law, or arises by reason of any act, whether lawful or unlawful, of the person
who has such charge, to provide for that other person the necessaries of life; and
he shall be deemed to have caused any consequences which adversely affect the
life or health of the other person by reason of any omission to perform that duty.
217. Duty of masters
It is the duty of every person who as master or mistress has contracted to
provide necessary food, clothing or lodging for any servant or apprentice under the
age of sixteen years to provide the same; and he or she shall be deemed to have
caused any consequences which adversely affect the life or health of the servant
or apprentice by reason of any omission to perform that duty.
218. Duty of persons doing dangerous acts
It is the duty of every person who, except in a case of necessity, undertakes to
administer surgical or medical treatment to any other person, or to do any other
lawful act which is or may be dangerous to human life or health, to have reasonable
skill and to use reasonable care in doing the act; and he shall be deemed to have
caused any consequences which adversely affect the life or health of any person
by reason of any omission to observe or perform that duty.
[Issue 1]
P6-72
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