INFANTICIDE ACT, 1949

AN ACT TO PROVIDE THAT A WOMAN WHO WILFULLY CAUSES THE DEATH OF HER CHILD, BEING A CHILD UNDER THE AGE OF TWELVE MONTHS, MAY, UNDER CERTAIN CONDITIONS, BE CONVICTED OF INFANTICIDE, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [15th July, 1949.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Infanticide.

1.—(1) On the preliminary investigation by the District Court of a charge against a woman for the murder of her child, being a child under the age of twelve months, the Justice may, if he thinks proper, alter the charge to one of infanticide and send her forward for trial on that charge.

• (2) Where, upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are satisfied that she is guilty of infanticide, they shall return a verdict of infanticide.

• (3) A woman shall be guilty of felony, namely, infanticide if—

• (a) by any wilful act or omission she causes the death of her child, being a child under the age of twelve months, and

• (b) the circumstances are such that, but for this section, the act or omission would have amounted to murder, and

• (c) 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 giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child

and may for that offence be tried and punished as for manslaughter.

• (4) Section 60 of the Offences Against the Person Act, 1861, shall have effect as if the reference therein to the murder of any child included a reference to infanticide.

2 Short title.

2.—This Act may be cited as the Infanticide Act, 1949.