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.