CAP. 63
Penal Code
[Rev. 2012]
(2) When such an act or insult is done or offered by one person to another, or in
the presence of another to a person who is under the immediate care of that other,
or to whom the latter stands in any such relation as aforesaid, the former is said to
give to the latter provocation for an assault.
(3) A lawful act is not provocation to any person for an assault.
(4) An act which a person does in consequence of incitement given by another
person in order to induce him to do the act and thereby to furnish an excuse for
committing an assault is not provocation to that other person for an assault.
(5) An arrest which is unlawful is not necessarily provocation for an assault, but
it may be evidence of provocation to a person who knows of the illegality.
209. Suicide pacts
(1) It shall be manslaughter, and shall not be murder, for a person acting in
pursuance of a suicide pact between him and another to kill the other or be a party
to the other killing himself or being killed by a third person.
(2) Where it is shown that a person charged with the murder of another killed the
other or was a party to his killing himself or being killed, it shall be for the defence to
prove that the person charged was acting in pursuance of a suicide pact between
him and the other.
(3) For the purposes of this section, “suicide pact” means a common
agreement between two or more persons having for its object the death of all of
them, whether or not each is to take his own life, but nothing done by a person who
enters into a suicide pact shall be treated as done by him in pursuance of the pact
unless it is done while he has the settled intention of dying in pursuance of the pact.
[Act No. 15 of 1954, s. 3(l), L.N.427/1963, L.N. 124/1964,
Act No. 21 of 1966, Second Sch., Act No. 24 of 1967, Sch.]
210. Infanticide
Where a woman by any wilful act or omission causes the death of her child being
a child under the age of twelve months, but at the time of the act or omission 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
on the birth of the child, then, notwithstanding that the circumstances were such
that but for the provisions of this section the offence would have amounted to
murder, she shall be guilty of a felony, to wit, infanticide, and may for that offence
be dealt with and punished as if she had been guilty of manslaughter of the child.
211. Sentence of death not to be passed on pregnant woman
Where a woman convicted of an offence punishable with death is found in
accordance with the provisions of section 212 to be pregnant, the sentence to be
passed on her shall be a sentence of imprisonment for life instead of sentence of
death.
[Issue 1]
P6-70
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