Title and introductory text
Infanticide Act 1938 1938 c.36 An Act to repeal and re-enact with modifications the provisions of the Infanticide Act 1922. [23rd June 1938]
Propose a changeLaw
Infanticide Act 1938
United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2010-10-04, as the publisher states.
Copy read on 2026-11-09. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 62f4ec11d827c76dda36ee73ea9a457999f04b4097112919a84f565a7885696e
Contents: 3 provisions
Proposed changes to this act
No one has proposed a change to this act yet.
3 provisions
1 Offence of infanticide.
(1) 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 giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, if the circumstances were such that but for this Act the offence would have amounted to murder or manslaughter, she shall be guilty of 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. (2) Where upon the trial of a woman for the murder or manslaughter of her child, being a child under the age of twelve months, the jury are of opinion that she by any wilful act or omission caused its death, but that 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, then the jury may, if the circumstances were such that but for the provisions of this Act they might have returned a verdict of murder or manslaughter, return in lieu thereof a verdict of infanticide. (3) Nothing in this Act shall affect the power of the jury upon an indictment for the murder of a child to return a verdict of manslaughter, or a verdict of guilty but insane, . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change2 Short title, extent and repeal.
(1) This Act may be cited as the Infanticide Act 1938. (2) This Act shall not extend to Scotland or Northern Ireland. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change