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Section 2

Substitution of section 305

of Penal Code (Amendment) (No. 2) Act 2023

Amendment ActIn forceProvision 2 of 4
Section 2

The Penal Code [Act 574], which is referred to as the “Code”

in this Act, is amended by substituting for section 305

the following section:

“Abetment of suicide or attempted suicide of child or person who lacks mental capacity

Quoted provision

Section 305

(1)

Whoever abets the commission of a suicide or an attempted suicide, and knows or ought reasonably to have known

PENAL CODE (AMENDMENT) (NO. 2) ACT 2023

4

that the person who committed the suicide or the attempted suicide is a child or a person who lacks mental capacity, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine.

(2)

For the purposes of this section, “person who lacks mental capacity” means a person who lacks capacity to understand the consequences of committing or attempting to commit suicide, as the case may be, by reasons of unsoundness of mind, mental disorder, intoxication, or under the influence of any drug or other substance.”.