Section 220: Murder of newly born child and infanticide

220. Murder of newly born child and infanticide (1) Any person who by a wilful act of commission or omission, done with intent to cause the death of a newly born child, causes the death of such newly born child, shall be guilty of the crime of murder of a newly born child. (2) Where such crime is committed by a woman in respect of her newly born child but at the time of the act of commission or omission she had not fully recovered from the effect of giving birth to such child and by reason thereof the balance of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that but for this section the offence C57 – 55 [Issue 1] Criminal Code would have amounted to murder of a newly born child, be guilty of the crime of infanticide, and may be dealt with and punished as if guilty of infanticide. (3) Where on the trial of a woman for the murder of her newly born child, the jury is of the opinion that she, by any wilful act of commission or omission caused its death, but that at the time of such act of commission or omission she had not fully recovered from the effect of giving birth to such child, and that by reason thereof the balance of her mind was then disturbed, the jury may, notwithstanding that the circumstances were such that but for this section it might have returned a verdict of murder of a newly born child, return a verdict of infanticide instead. (4) A jury on a criminal information for the murder of a newly born child or for infanticide may return a verdict of manslaughter or a verdict of involuntary homicide, or a verdict of guilty but insane or a verdict of concealment of birth under section 70 of the Civil Status Act. [S. 220 amended by Act 23 of 1981.] 221. —