Murder charged -verdict of infanticide

(1) Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury is of the opinion that she by any wilful act caused its death, but that at the time of the act 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, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section it might have returned a verdict of murder, return in lieu thereof a verdict of infanticide. chargedverdict (2) Nothing in this Act shall affect the power of the jury upon an indictment for the murder of a child, if it is not satisfied that the accused person is guilty of murder, to acquit him thereof and return a verdict of guilty of causing harm to such child contrary to section 114 of the Code or a verdict of concealment of the body of such child contrary to section 115 of the Code, if satisfied that the accused person is guilty of any such crime. 85 (3) If any person tried for the murder or manslaughter of any child, or for infanticide or for any crime mentioned in section 111 of the Code is acquitted thereof, the jury by whose verdict such person is acquitted, if it is satisfied that the accused person is guilty of a crime under section 60, 114 or 115 of the Code, may find him guilty of any such crime and in that case the section relating to such crime shall apply accordingly. CAP. 101. (4) Where upon the trial of any person for the murder or manslaughter of any child, or for infanticide or for any crime mentioned in section 111(1), (2) and (3) of the Code, the jury is of opinion that the person charged is not guilty of murder, manslaughter, infanticide or any such crime, as the case may be, but that he is shown by the evidence to be guilty of the felony of child destruction, the jury may find him guilty of that felony, and thereupon the person convicted shall be liable to be punished as if he had been convicted upon an indictment for child destruction. CAP. 101. (5) Where upon the trial of any person for the felony of child destruction, the jury is of opinion that the person charged is not guilty of that felony, but that he is shown by the evidence to be guilty of a crime under section 111(2) of the Code, the jury may find him guilty of that crime, and thereupon the person convicted shall be liable to be punished as if he had been convicted upon an indictment under that sub-section. CAP. 101.