multitude of criminal writers to deny the political immutability of abortion vainly attempted by a joiner upon herself467. Whatever may be the validity of these objections “in jure costituendo” - and there are many who strongly dispute them, "de jure condito”, if the law itself does not by an express provision exclude the attempt in this crime, it is not seen why there should be impunity when unambiguous acts of execution leave no doubt as to the determined intent of the woman to attempt miscarriage. As Crivellari says: The difficulty of proof in the concrete case is not an obstacle, because such difficulty does not exclude the possibility: “Ed ove sia possibile la prova e la ragion giuridica non escluda il conato, deve essere represso anche nel procurato aborto, come in qualsiasi altro misfatto”468.469 2. Our Criminal Code has not, quite rightly, adopted the continental practice of granting a considerable reduction of punishment where the crime is committed by the woman herself or by certain close relatives "to save the honour or reputation” of the woman herself or of her family: spurious honour and reputation in most cases.
2. Administering of Poisonous or Injurious Substances. This is the crime dealt with in Section 258 which lays down that: “Whosoever shall, in any manner, maliciously administer to, or cause to be taken by another person any poisonous or noxious substance capable of causing any harm or injury to health, shall, on conviction, be liable to hard labour or imprisonment for a term from thirteen months to two years, provided the offence does not in itself constitute the offence of homicide, completed or attempted, or a serious injury to the person”. The formal element of this crime is indicated by the word “maliciously” which in the context seems to mean “intention to harm”. The mere wilfulness of the act of administering the substance or causing it to be taken is not enough without the
467
Ibid, para. 1269
468
Op. cit., Vol. VII, p. 1016, para. 118.
469
Vide contra Chaveau et Helie who exclude the possibIlity of attempt in every case. (Op. cit., Vol. II,
p. 42 – 43, para. 1369 – 1373.)
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