Nigerian Penal Code Act

Section 229 - Attempts to commit culpable homicide.

(1) Whoever does an act not resulting in death with such intention or knowledge and in such circumstances that if he by that act caused death, he would be guilty of culpable homicide punishable with death shall be punished with imprisonment for life or for any less term or with fine or with both.

(2) When a person being under sentence of imprisonment for life commits an offence under this section, he shall, if hurt is caused, be punished with death.

Illustration

(a) A shoots at Z with intention to kill him, in such circumstances that, if death ensued, A would be guilty of culpable homicide punishable with death. A is liable to punishment under this section.

(b) A with the intention of causing the death of a child of tender years exposes it in a desert place. A has committed the offence denied by this section, though the death of the child does not ensue.

(c) A, intending to kill Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section.

(d) A intending to kill Z by poison, purchases poison and mixes it with food which remains in A's keeping.. A has not yet committed the offence in this section. A places the food on Z's table or delivers it to Z's servants to place it on Z's table. A has committed the offence defined in this section.

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