tion.

Criminal Code.

except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial, or fraternal relation, or in the relation of master or servant, to deprive him of the power of self control, and to induce him to assault the person by whom the act or insult is done or offered.

When such an act or insult is done or offered by one person to another, or in the presence of another, to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give to the latter provocation for an assault.

A lawful act is not provocation to any person for an assault.

An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault, is not provocation to that other person for an assault.

An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.

244. A PERSON is not criminally responsible for an assault Defence of provoca- committed upon a person who gives him provocation for the assault, if he is in fact deprived by the provocation of the power of selfcontrol, and acts upon it on the sudden and before there is time for his passion to cool; provided that the force used is not disproportionate to the provocation, and is not intended, and is not such as is likely to cause death or grievous bodily harm.

Prevention of

Whether any particular act or insult is such as to be likely to deprive an ordinary person of the power of self-control and to induce him to assault the person by whom the act or insult is done or offered, and whether, in any particular case, the person provoked was actually deprived by the provocation of the power of self-control, and whether any force used is or is not disproportionate to the provocation, are questions of fact.

245. IT is lawful for any person to use such force as is reasonrepetition of insult. ably necessary to prevent the repetition of an act or insult of such a nature as to be provocation to him for an assault; provided that the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

Self-defence against

246. WHEN a person is unlawfully assaulted, and has not unprovoked assault. provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defence

against

Criminal Code.

against the assault, provided that the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

If the nature of the assault is such as to cause reasonable apprehension of death or grievous bodily harm, and the person using force by way of defence believes, on reasonable grounds, that he cannot otherwise preserve the person defended from death or grievous bodily harm, it is lawful for him to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous bodily harm.

247. WHEN a person has unlawfully assaulted another or Self-defence against has provoked an assault from another, and that other assaults provoked assault. him with such violence as to cause reasonable apprehension of death or grievous bodily harm, and to induce him to believe, on reasonable grounds, that it is necessary for his preservation from death or grievous bodily harm to use force in self-defence, he is not criminally responsible for using any such force as is reasonably necessary for such preservation, although such force may cause death or grievous bodily harm.

This protection does not extend to a case in which the person using force which causes death or grievous bodily harm first began the assault with intent to kill or to do grievous bodily harm to some person; nor to a case in which the person using force which causes death or grievous bodily harm endeavoured to kill or to do grievous bodily harm to some person before the necessity of so preserving himself arose; nor, in either case, unless, before such necessity arose, the person using such force declined further conflict, and quitted it or retreated from it as far as was practicable.

248. IN any case in which it is lawful for any person to use Aiding in selfforce of any degree for the purpose of defending himself against defence. an assault, it is lawful for any other person acting in good faith in his aid to use a like degree of force for the purpose of defending

such first-mentioned person.

249. IT is lawful for any person who is in peaceable posses- Defence of movable sion of any movable property, and for any person acting by his property against authority, to use such force as is reasonably necessary in order to trespassers. resist the taking of such property by a trespasser, or in order to retake it from a trespasser, provided that he does not do bodily harm to the trespasser.

Defence of movable

250. WHEN a person is in peaceable possession of any movable property under a claim of right, it is lawful for him, and for property with claim any person acting by his authority, to use such force as is reason- of right. ably necessary in order to defend his possession of the property,

even

Defence of movable property without claim of right.

Defence of premises

Removal of disorderly persons.

Criminal Code.

even against a person who is entitled by law to possession of the property, provided that he does not do bodily harm to such other person.

251. WHEN a person who is entitled by law to the possession of movable property attempts to take it from a person who is in possession of the property, but who neither claims right to it nor acts by the authority of a person who claims right, and the person in possession resists him, it is lawful for the person so entitled to possession to use force in order to obtain possession of the property, provided that he does not do bodily harm to the person in possession.

252. IT is lawful for a person who is in peaceable possession against trespassers. of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person acting by his authority, to use such force as is reasonably necessary in order to prevent any person from wrongfully entering upon such land, structure, vessel, or place, or in order to remove therefrom a person who wrongfully remains therein, provided that he does not do bodily harm to such person.

Defence of posses

It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel or place, and for any person acting by his authority, to use force in order to remove therefrom any person who conducts himself in a disorderly manner therein, provided that he does not do him bodily harm.

The term " place "includes any part of an enclosure or structure whether separated from the rest of the enclosure or structure by a partition, fence, rope, or any other means, or not.

253. WHEN a person is in peaceable possession of any land, sion of real property structure, or vessel, with a claim of right, it is lawful for him, and or vessel with claim for any person acting by his authority, to use such force as is reasonof right. ably necessary in order to defend his possession, even against a person who is entitled by law to the possession of the property, provided that he does not do bodily harm to such person.

Exercise of right of

way or easement.

254. WHEN a person who is lawfully entitled to enter upon land for the exercise of a right of way or other easement or profit enters upon the land for the purpose of exercising such right of way, easement, or profit, after notice that his right to use such way or easement or to take such profit is disputed by the person in possession of the land, or having entered persists in his entry after such notice, it is lawful for the person in possession, and for any person acting by his authority, to use such force as is reasonably necessary

for

Criminal Code.

for the purpose of making the person so entering desist from the entry, provided that he does not do him bodily harm.

255. IT is lawful for a parent or a person in the place of a parent, or for a schoolmaster or master, to use, by way of correction, towards a child, pupil, or apprentice under his care such force as is reasonable under the circumstances.

256. IT is lawful for the master or other person in command

Domestic discipline.

of a vessel on a voyage to use, for the purpose of maintaining good Discipline of ship. order and discipline on board of the vessel, such force as he believes,

on reasonable grounds, to be necessary, and as is reasonable under the circumstances.

257. A PERSON is not criminally responsible for performing, Surgical operations. in good faith and with reasonable care and skill, a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable, having regard to the patient's state at the time and to all the circumstances of the case.

258. IN any case in which the use of force by one person to Excessive force. another is lawful, the use of more force than is justified by law under

the circumstances is unlawful.

259. CONSENT by a person to the causing of his own death Consent to death does not affect the criminal responsibility of any person by whom immaterial. such death is caused.

CHAPTER XXVII.-DUTIES RELATING TO THE PRESERVATION OF

HUMAN LIFE.

260. IT is the duty of every person having charge of another Duty to provide who is unable by reason of age, sickness, unsoundness of mind, necessaries. detention, or any other cause, to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of person who has such charge, to provide for that other person the necessaries of life; and he is held to have caused any consequences which result to the life or health of the other person by reason of any omission to perform that duty.

the

261. IT is the duty of every person who, as head of a family, Duty of head of has the charge of a child under the age of sixteen years, being a family.

member of his household, to provide the necessaries of life for such child, and he is held to have caused any consequences which result

to

Duty of masters.

Duty of persons doing dangerous acts.

things.

Criminal Code.

to the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not.

262. IT is the duty of every person who, as a master or mistress, has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of sixteen years to provide the same; and he or she is held to have caused any consequences which result to the life or health of the servant or apprentice by reason of any omission to perform that duty.

263. IT is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act; and he is held to have caused any consequences which result to the life or health of any person by reason of any omission to observe or perform that duty.

Duty of persons in 264. IT is the duty of every person who has in his charge or charge of dangerous under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

Duty to do certain acts.

Killing of a human being unlawful.

When a child

being.

265. WHEN a person undertakes to do any act the omission to do which is or may be dangerous to human life or health, it is his duty to do that act; and he is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

CHAPTER XXVIII.-HOMICIDE: SUICIDE: CONCEALMENT OF BIRTH. 266. IT is unlawful to kill any person unless such killing is authorised or justified or excused by law.

267. A CHILD becomes a person capable of being killed when becomes a human it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.

Definition of killing.

268. EXCEPT as hereinafter set forth, any person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that other person.

269.