Section 300-329 of the Nigerian Criminal Code

Section 300 to 329 of the Nigerian Criminal Code Act is under Chapter 26 (Duties relating to the preservation of human life) and Chapter 27 (Homicide; Suicide; Infanticide; Concealment of Birth; Unlawful possession of Human Head) of the Act.

Section 300 of the Nigerian Criminal Code

Duty to provide necessaries

It is the duty of every person having charge of another who is unable by reason of age, sickness,
unsoundness of mind, 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 the 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.

Section 301 of the Nigerian Criminal Code

Duty of head of family

It is the duty of every person who, as head of a family, has charge of a child under the age of fourteen
years, being a 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 the life or health of the child by reason of any
omission to perform that duty, whether the child is helpless or not.

Section 302 of the Nigerian Criminal Code

Duty of masters

It is the duty of every person who as 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.

Section 303 of the Nigerian Criminal Code

Duty of persons doing dangerous acts

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 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.

Section 304 of the Nigerian Criminal Code

Duty of persons in charge of dangerous things

It is the duty of every person who has in his charge or 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.

Section 305 of the Nigerian Criminal Code

Duty to do certain acts

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.

Section 305A of the Nigerian Criminal Code

Breach of contract of person employed in certain services

(1) Any person employed in any undertaking concerned in the supply of electricity or water, who
maliciously breaks his contract of service, knowing or having reasonable cause to believe that the
probable consequence of his so doing, either alone or in combination with others, will be to deprive the
community or any part of thereof either wholly or to a great extent of the supply of electricity or water,
is guilty of an offence.
(2) Any person who maliciously breaks a contract of service knowing or having reasonable cause
to believe that the probable consequences of his so doing, either alone or in combination with others,
will be to endanger human life or seriously to endanger public health, including the health of the
inmates of a hospital or similar institution, or to cause serious bodily injury, or to expose valuable
property, whether real or personal, to destruction or serious injury, is guilty of an offence.
(3) For the purpose of this section‐
(i) “maliciously” means with the intention of producing any of the consequences set out
in subsection (1) or (2) of this section, as the case may be, or with a reckless disregard of
whether such consequences are produced or not, and
(ii) the termination of any contract of service, either alone or in combination with others,
on less than seven days’ notice of intention so to terminate, in such circumstances that
the actual or probable consequences of the termination are those set out in subsection
(1) or (2) of this section, shall, where length of such notice required by any enactment,
or by any contract or services, is more than seven days, be deemed to be a malicious
breach of contract, and the words “maliciously breaks” in this section of this Code shall
be construed accordingly.
(4) Any person guilty of an offence against any of the provisions of this section of this Code is
liable, on conviction, to a fine of one hundred naira or to imprisonment for six months or to both such
fine and imprisonment.
(5) No prosecution for an offence under this section of this Code shall be constituted without
the written consent of the Attorney‐General of the Federation.

Section 306 of the Nigerian Criminal Code

Killing of a human being unlawful

It is unlawful to kill any person unless such killing is authorised or justified or excused by law. 307. When
a child becomes a human being

Section 307 of the Nigerian Criminal Code

When a child becomes a human being

A child becomes a person capable of being killed when 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.

Section 308 of the Nigerian Criminal Code

Definition of killing

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.

Section 309 of the Nigerian Criminal Code

Death by acts done at childbirth

When a child dies in consequence of an act done or omitted to be done by any person before or during
its birth, the person who did or omitted to do such acts is deemed to have killed the child.

Section 310 of the Nigerian Criminal Code

Causing death by threats

A person who, by threat or intimidation or by deceit, causes another person to do an act or make an
omission which results in the death of that other person, is deemed to have killed him.

Section 311 of the Nigerian Criminal Code

Acceleration of death

A person who does any act or makes any omission which hastens the death of another person who,
when the act is done or the omission is made, is labouring under some disorder or disease arising from
another cause, is deemed to have killed that other person.

Section 312 of the Nigerian Criminal Code

When injury or death might be prevented by proper precaution

When a person causes bodily injury to another from which death results, it is immaterial that the injury
might have been avoided by proper precaution on the part of the person injured, or that his death from
that injury might have been prevented by proper care or treatment.

Section 313 of the Nigerian Criminal Code

Injury causing death in consequence of subsequent treatment

When a person does grievous harm to another, and such other person has recourse to surgical or
medical treatment, and death results either from the injury or the treatment, he is deemed to have
killed that other person, although the immediate cause of death was the surgical or medical treatment,
provided that the treatment was reasonably proper under the circumstances, and was applied in good
faith.

Section 314 of the Nigerian Criminal Code

Limitation as to time of death

A person is not deemed to have killed another, if the death of that other person does not take place
within a year and a day of the cause of death.
Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of
death was done.
When the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of
the day on which the omission ceased.
When the cause of death is in part an unlawful act, and in part an omission to observe or perform a
duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on
which the omission ceased, whichever is the later.

Section 315 of the Nigerian Criminal Code

Unlawful homicide

Any person who unlawfully kills another is guilty of an offence which is called murder or manslaughter,
according to the circumstances of the case.

Section 316 of the Nigerian Criminal Code

Definition of murder

Except as hereinafter set forth, a person who unlawfully kills another under any of the following
circumstances, that is to say‐
(1) if the offender intends to cause the death of the person killed, or that of some other person;
(2) if the offender intends to do to the person killed or to some other person some grievous
harm;
(3) if death is caused by means of an act done in the prosecution of an unlawful purpose, which
act is of such a nature as to be likely to endanger human life;
(4) if the offender intends to do grievous harm to some person for the purpose of facilitating the
commission of an offence which is such that the offender may be arrested without warrant, or for the
purpose of facilitating the flight of an offender who has committed or attempted to commit any such
offence;
(5) if death is caused by administering any stupefying or overpowering things for either of the
purposes last aforesaid;
(6) if death is caused by wilfully stopping the breath of any person for either of such purposes,
is guilty of murder.
In the second case it is immaterial that the offender did not intend to hurt the particular person who is
killed.
In the third case it is immaterial that the offender did not intend to hurt any person.
In the three last cases it is immaterial that the offender did not intend to cause death or did not know
that death was likely to result.

Section 317 of the Nigerian Criminal Code

Definition of manslaughter

A person who unlawfully kills another in such circumstances as not to constitute murder is guilty of
manslaughter.

Section 318 of the Nigerian Criminal Code

Killing on provocation

When a person who unlawfully kills another in circumstances which, but for the provisions of this
section of this Code, would constitute murder, does the act which causes death in the heat of passion
caused by grave and sudden provocation, and before there is time for his passion to cool, he is guilty of
manslaughter only.
[1966 No. 84.]

Section 319 of the Nigerian Criminal Code

Punishment of murder: provision for juveniles: provision for pregnant women

(1) Subject to the provisions of this section of this Code, any person who commits the offence of
murder shall be sentenced to death.
Provisions for juveniles
(2) Where an offender who in the opinion of the court had not attained the age of seventeen
years at the time the offence was committed, has been found guilty of murder, such offender shall not
be sentenced to death but shall be ordered to be detained during the pleasure of the President and
upon such an order being made the provisions of Part 44 of the Criminal Procedure Act shall apply.
[1966 No. 84. L.N. 112 of 1964.]
Provisions for pregnant women
(3) Where a woman who has been convicted of murder alleges she is pregnant or where the
judge before whom she is convicted considers it advisable to have inquiries made as to whether or not
she be pregnant, the procedure laid down in section 376 of the Criminal Procedure Act shall first be
complied with.
[Cap. C41.]

Section 320 of the Nigerian Criminal Code

Attempt to murder

Any person who‐
(1) attempts unlawfully to kill another; or
(2) with intent unlawfully to kill another does any act, or omits to do any act which it is his duty
to do, such act or omission being of such a nature as to be likely to endanger human life,
is guilty of a felony and is liable to imprisonment for life.

Section 321 of the Nigerian Criminal Code

Attempt to murder by convict

Any person who, being under sentence of penal servitude or of imprisonment for three years or more,
attempts to commit murder is liable to imprisonment for life.

Section 322 of the Nigerian Criminal Code

Accessory after the fact to murder

Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to
imprisonment for life.

Section 323 of the Nigerian Criminal Code

Written threats to murder

Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any
writing threatening to kill any person is guilty of a felony and is liable to imprisonment for seven years.

Section 324 of the Nigerian Criminal Code

Conspiring to murder

Any person who conspires with any other person to kill any person, whether such person is in Nigeria or
elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years.

Section 325 of the Nigerian Criminal Code

Punishment of manslaughter

Any person who commits the offence of manslaughter, is liable to imprisonment for life.

Section 326 of the Nigerian Criminal Code

Aiding suicide

Any person who‐
(1 ) procures another to kill himself; or
(2) counsels another to kill himself and thereby induces him to do so; or
(3) aids another in killing himself;
is guilty of a felony and is liable to imprisonment for life.

Section 327 of the Nigerian Criminal Code

Attempting to commit suicide

Any person who attempts to kill himself is guilty of a misdemeanor and is liable to imprisonment for one
year.

Section 327A of the Nigerian Criminal Code

Offence of infanticide

Where a woman by any wilful act or omission causes the death of her child being a child under the age
of twelve months, but at the time of the act or omission the balance of her mind was disturbed by
reason of her not having fully recovered from the effect of lactation consequent upon the birth of the
child, then notwithstanding that the circumstances were such that but for this section of this Code the
offence would have amounted to murder, she is guilty of a felony, to wit of infanticide, and may for such
offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.

Section 328 of the Nigerian Criminal Code

Killing unborn child

Any person who, when a woman is about to be delivered of a child, prevents the child from being born
alive by any act or omission of such a nature that, if the child had been born alive and had then died, he
would be deemed to have unlawfully killed the child, is guilty of a felony and is liable to imprisonment
for life.

Section 329 of the Nigerian Criminal Code

Concealing the birth of children

Any person who, when a woman is delivered of a child, endeavours, by any secret disposition of the
dead body of the child, to conceal the birth, whether the child died before, at or after its birth, is guilty
of a misdemeanor and is liable to imprisonment for two years.

Section 329A of the Nigerian Criminal Code

Unlawful possession of human head

(1) Any person who receives or has in his possession a human head or skull within six months of
the same having been separated from the body or skeleton with the intention that such head or skull
shall be possessed by himself as a trophy, juju or charm or transferred by him to any other person as a
trophy, juju or charm, is guilty of a felony and is liable to imprisonment for five years.
(2) Where in any prosecution under this section of this Code it is proved that the person charged
received or had in his possession a human head or skull within six months of the same having been
separated from the body or skeleton, it shall be presumed that the person charged received or had in
his possession such head or skull with the intention specified in subsection (1) of this section, unless the
contrary is proved.
(3) A prosecution for an offence under this section of this Code shall not be instituted except by
or with the consent of a law officer.

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