(1)  Homicide may be culpable or not culpable.

(2)  Homicide is culpable when it is caused –

(a) by an act intended to cause death or bodily harm, or which is commonly known to be likely to cause death or bodily harm, and which is not justified under the provisions of the Code;

(b) by an omission amounting to culpable negligence to perform a duty tending to the preservation of human life, although there may be no intention to cause death or bodily harm; or

(c) by any unlawful act.

(3)  The question what amounts to culpable negligence is a question of fact, to be determined on the circumstances of each particular case.

(4)  For the purposes of this chapter it is unlawful –

(a) to cause death in the manner described in section 154 (c) ;

(b) to wilfully frighten a child of tender years; or

(c) to wilfully frighten a sick person knowing such person to be sick.

(5)  Homicide that is not culpable is not punishable.