44 Laws of Malaysia ACT 574 ILLUSTRATION A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. “Voluntarily” 39. A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at time of employing those means, he knew or had reason to believe to be likely to cause it. ILLUSTRATION A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily. “Offence” 40. (1) Except in the Chapter and sections mentioned in subsections (2) and (3), the word “offence” denotes a thing made punishable by this Code. (2) In Chapter IV and in sections 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word “offence” denotes a thing punishable under this Code or under any other law for the time being in force. (3) In sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning when the thing punishable under any other law for the time being in force is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

Select target paragraph3