2013, No. 10 Crimes 45 89. Duty to avoid omissions dangerous to life - A person who undertakes to do any act the omission to do which is or may be dangerous to life is under a legal duty to do that act, and is criminally responsible for the consequences of omitting without lawful excuse to discharge that duty. 90. Homicide defined - Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever. 91. Killing of a child-(1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the umbilical cord is severed or not. (2) The killing of such child is homicide if it dies in consequence of injuries received before, during, or after birth. 92. Culpable homicide-(1) Homicide may be either culpable or not culpable. (2) Homicide is culpable when it consists in the killing of any person: (a) by an unlawful act; or (b) by an omission without lawful excuse to perform or observe any legal duty; or (c) by both (a) and (b) combined; or (d) by causing that person by threats or fear of violence, or by deception, to do an act which causes that person’s death; or (e) by wilfully frightening a child under the age of 16 years or a sick person. (3) Except as provided in section 110, culpable homicide is either murder or manslaughter. (4) Homicide that is not culpable is not an offence. (5) Where an act or omission constitutes an offence under the Road Traffic Ordinance 1960 or any other Act other than this Act, nothing in the Road Traffic Ordinance 1960 or any other Act prevents the prosecution and punishment of an offender under this Act for murder or manslaughter.