“If a person, by doing anything which he intends or knows to be likely to cause
death, commits culpable homicide by causing the death of any person whose
death he neither intends nor knows himself to be likely to cause, the culpable
homicide committed by the offender is of the description of which it would have
been if he had caused the death of the person whose death he intended or knew
himself to be likely to cause.”
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Although culpable homicide is considered as causing one’s death, the punishment
is based on Section 304 of Penal Code as the act is not amounting to murder.
According to Section 3, the punishment for culpable homicide is as follows:
“Whoever commits culpable homicide not amounting to murder shall be
punished(a) with imprisonment for a term which may extend to thirty years, and shall also
be liable to fine, if the act by which the death is caused is done with the
intention of causing death, or of causing such bodily injury as is likely to cause
death; or
(b) with imprisonment for a term which may extend to ten years or with fine or with
both, if the act is done with the knowledge that it is likely to cause death, but
without any intention to cause death, or to cause such bodily injury as is likely
to cause death.”
VII. Board of Visiting Justices
2.29
Section 64 of Prison Act 1995 (Act 537) states the appointment of Board of Visiting
Justices for every State and Federal Territory in every two years.59Based on Act 537,
the Board of Visiting Justices has the following authorities:
a. at any time, visit any prison in the State or Federal Territory for which he is
appointed;
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Section 64 (1) Visiting Justice:
Menteri Besar or Chief Minister, for every two years, shall appoint a Board for that State or Federal Territory to
be called the Board of Visiting Justice of which all Magistrates of that State or Federal Territory shall be exofficio members.
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