Section 222 - When culpable homicide is not punishable with death.

(1) Culpable homicide is not punishable with death if the offender whilst deprived of the power of self control by grave and sudden provocation causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

Explanation

Whether the provocation was grave and sudden enough to prevent the offence from amounting to culpable homicide punishable with death is a question of fact.

Illustration

(a) A, under the influence of passion excited by grave and sudden provocation given by Z, intentionally kills the child of Z. This is culpable homicide punishable with death, inasmuch as the provocation was not given by the child.

(b) Y gives grave and sudden provocation to A. A on this provocation fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him but out of sight. A kills Z. Here A has committed culpable homicide not punishable with death.

(c) Z gives grave and sudden provocation to B who is thereby excited to violent rage. A a bystander intending to take advantage of B' s rage and to cause hurt to kill Z, puts a knife into B's hand for that purpose. B kills Z with his knife. Here B has committed culpable homicide not punishable with death but A is guilty of culpable homicide punishable with death.

(2) Culpable homicide is not punishable with death if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation and without any intention of doing more harm than is necessary for the purpose of that defence.

(4) Culpable homicide is not punishable with death if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner.

Explanation

It is immaterial in such cases which party first provokes the other or commits the first assault.

(5) Culpable homicide is not punishable with death when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

(6) Culpable homicide is not punishable with: death where a woman intentionally 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 upon the birth of the child.

(7) Culpable homicide is not punishable with death when a person causes the death of another by doing a rash or negligent act.