Criminal Offences Act


Published: 1924

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Criminal Offences Act


1988 Revised Edition






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CRIMINAL OFFENCES ACT

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CRIMINAL OFFENCES ACT

Arrangement of Sections
Section
1 Short title........................................................................................................11
2 Interpretation..................................................................................................11
3 Accused not to be convicted of offence not charged. ....................................12

PART I - ATTEMPTS 12
4 Definition of attempt......................................................................................12
5 Punishment for attempts. ...............................................................................13
6 Conviction for attempt on charge of offence .................................................13
7 Conviction for attempt when full offence proved. .........................................13

PART II.-ABETMENT, HARBOURING CRIMINALS,
CONSPIRACY, ETC. 14
8 Abetment of crime and punishment of abettor...............................................14
9 Jurisdiction.....................................................................................................14
10 Trial................................................................................................................15
11 Proof...............................................................................................................15
12 Abettor deemed a party to any offence committed as a result of his

counselling. ....................................................................................................15
13 Harbouring criminals. ....................................................................................15
14 Compounding crimes. ....................................................................................16
15 Conspiracy. ....................................................................................................16

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PART III-EXEMPTIONS FROM CRIMINAL RESPONSIBILITY
AND RESPONSIBILITY FOR ACTS OF INVOLUNTARY
AGENTS 17
16 Criminal liability of children..........................................................................17
17 Person suffering from mental disease. ...........................................................17
18 Procedure where accused on arraignment appears to be insane.....................18
19 Procedure where accused was insane at time of committing the crime. ........18
20 Custody of accused person found to be insane...............................................18
21 Intoxication. ...................................................................................................18
22 Married women. .............................................................................................19
23 Involuntary agents. .........................................................................................19

PART IV.-PUNISHMENT 19
24 Different kinds of punishment........................................................................19
25 Payment of compensation. .............................................................................20
26 Fines. ..............................................................................................................21
27 Time may be granted for payment. ................................................................21
28 Imprisonment for non-payment......................................................................21
29 Person imprisoned for non-payment of fine to be released on payment. .......21
30 Power to impose fine instead of imprisonment. .............................................21
31 Whipping........................................................................................................22
32 Imprisonment. ................................................................................................22
33 Death sentence................................................................................................23
34 Chief Justice to forward report to Prime Minister..........................................23
35 Sentence of death: how executed. ..................................................................23
36 Medical officer to supply certificate of death. ...............................................23
37 Inquest on body of person executed. ..............................................................23
38 Privy Council to appoint place of burial for executed criminals....................24
39 Regulations with respect to execution of death sentence ...............................24
40 Sentence of death not to be passed on pregnant woman. ...............................24
41 Procedure where woman convicted of capital offence alleges she is

pregnant..........................................................................................................24

PART V.-TRIAL OF OFFENCES AND ALTERNATIVE VERDICTS 25
42 Trial of offences. ............................................................................................25

PART VI-PROCEDURE AGAINST CORPORATIONS 26
43 Procedure on charge of offence against corporation. .....................................26

PART VII-OFFENCES AGAINST THE STATE 27
44 Treason...........................................................................................................27
45 Concealment of treason. .................................................................................28
46 Attempts to injure or alarm the King..............................................................28

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47 Sedition. .........................................................................................................28
48 Definition of seditious intention. ...................................................................28
49 Deprivation of civil rights..............................................................................29
50 Acceptance of bribe by government servant..................................................29
51 Bribery of government servant. .....................................................................29
52 Extortion by government servant...................................................................29
53 Fraudulent conversion by government servant. .............................................29
54 False receipt: issue of, by government servant. .............................................30
55 Assaulting or obstructing government servants. ............................................30
56 Intimidating government servants..................................................................30
57 Use of threatening, etc., language to government servant. ............................30
58 Refusal to assist in prevention of crime. ........................................................30
59 Making counterfeit currency..........................................................................31
60 Impairing current currency. ...........................................................................31
61 Uttering counterfeit currency.........................................................................31
62 Importing, etc., counterfeit currency..............................................................31

PART VIII-OFFENCES AGAINST JUSTICE, THE PUBLIC
PEACE, AND PUBLIC MORALS 32
63 Perjury............................................................................................................32
64 False statements. ............................................................................................32
65 Interference with course of justice. ................................................................33
66 Bribing jurors. ................................................................................................33
67 Unlawful Society. ..........................................................................................33
68 Managing unlawful society............................................................................34
69 Being member of unlawful society. ...............................................................34
70 Prosecution under Sections 68 and 69. ..........................................................34
71 Power of entry, arrest search etc. ...................................................................35
72 Declaration by King in Council. ....................................................................35
73 Forfeiture of insignia etc. ...............................................................................35
74 Unlawful assembly and Riot. .........................................................................35
75 Punishment for unlawful assembly. ...............................................................36
76 Making proclamation for rioters to disperse. .................................................36
77 Rioters demolishing buildings etc..................................................................37
78 Going armed in public ...................................................................................37
79 Bigamy...........................................................................................................38
80 Keeping a brothel, etc. ...................................................................................38
81 Trading in prostitution. ..................................................................................39
82 Gaming houses...............................................................................................40
83 Games of mere chance. ..................................................................................40
84 Use of disguise...............................................................................................41

PART IX.-OFFENCES AGAINST THE PERSON 41
85 Definition of homicide...................................................................................41

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86 Definition of culpable homicide.....................................................................41
87 When culpable homicide amounts to murder.................................................41
88 When culpable homicide is manslaughter only..............................................42
89 What matters amount to extreme provocation................................................43
90 When extreme provocation will not avail. .....................................................43
91 Penalty for murder..........................................................................................44
92 Manslaughter..................................................................................................44
93 Penalties for manslaughter. ............................................................................44
94 Person charged with manslaughter may be convicted of dangerous

driving. ...........................................................................................................45
95 Omissions to perform a legal duty. ................................................................45
96 When death deemed to have been caused by an act or omission. ..................46
97 Indirect cause of death....................................................................................46
98 When child is a person in being. ....................................................................47
99 Infanticide. .....................................................................................................47
100 Suicide............................................................................................................48
101 Inciting to commit suicide..............................................................................48
102 Concealment of birth. .....................................................................................48
103 Procuring miscarriage of woman or girl.........................................................48
104 Woman or girl procuring her own miscarriage. .............................................48
105 Supplying means of miscarriage. ...................................................................49
106 Grievous bodily harm.....................................................................................49
107 Bodily harm....................................................................................................49
108 Attempt to intimidate. ....................................................................................49
109 Discharging firearm with intent to intimidate, etc..........................................50
110 Exploding dynamite, etc., with intent to intimidate, etc.................................50
111 Threatening documents. .................................................................................50
112 Common assault. ............................................................................................50
113 Assault, obstruction........................................................................................50
114 Unlawful imprisonment..................................................................................51
115 Cruelty to children and young persons...........................................................51
116 Enticing or taking away children....................................................................52
117 Enticing woman to desert husband.................................................................53
118 Rape................................................................................................................53
119 Order restricting publication. .........................................................................54
120 Attempted rape. ..............................................................................................54
121 Carnal knowledge of girl................................................................................54
122 Attempt to have carnal knowledge. ................................................................54
123 Belief as to age no defence.............................................................................54
124 Indecent assault. .............................................................................................55
125 Indecent assault on child. ...............................................................................55
126 Procuring the defilement of females. .............................................................55
127 Procuring defilement of females by threats, etc. ............................................56
128 Abduction of women. .....................................................................................56
129 Abduction of girls...........................................................................................56

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130 Juvenile offender may be whipped. ...............................................................56
131 Offender charged with rape may be convicted of indecent assault, etc. ........57
132 Incest by male person. ...................................................................................57
133 Incest by female person. ................................................................................57
134 Definition of relationship...............................................................................58
135 On charge of incest accused may be convicted of rape, etc...........................58
136 Sodomy and bestiality....................................................................................58
137 Assault with intent to commit sodomy. .........................................................58
138 Indecent assault on man. ................................................................................58
139 Attempted sodomy, indecent assault upon a male. ........................................59
140 Evidence.........................................................................................................59
141 Proceedings in camera. ..................................................................................59
142 Whipping for certain offences. ......................................................................59

PART X.-OFFENCES AGAINST PROPERTY 59
143 Definition of theft. .........................................................................................59
144 Things capable of being stolen. .....................................................................60
145 Punishment for theft.......................................................................................60
146 Whipping upon conviction in certain cases. ..................................................61
147 Taking things according to Tongan custom...................................................61
148 Receiving. ......................................................................................................61
149 Summons charging theft may also contain charge of receiving. ...................62
150 Person may be charged with other acts of theft against same person. ...........62
151 Finding of lost property: duty of finder. ........................................................62
152 Explanation as to stealing of thing found.......................................................63
153 Possession of stolen property.........................................................................63
154 Robbery..........................................................................................................64
155 Assault with intent to rob...............................................................................64
156 Extortion. .......................................................................................................64
157 Demanding property with menaces. ..............................................................65
158 Embezzlement................................................................................................65
159 Falsification of accounts. ...............................................................................65
160 Person may be charged with other acts of embezzlement, etc. ......................65
161 Person charged with embezzlement or fraudulent conversion may be

convicted of theft and vice versa. ..................................................................66
162 Fraudulent conversion of property.................................................................66
163 Fraudulent conversion by trustee. ..................................................................66
164 Obtaining by false pretences. .........................................................................67
165 Obtaining execution of security. ....................................................................67
166 Obtaining credit by false pretences................................................................67
167 Obtaining goods by unauthorised use of employer's name............................67
168 Obtaining goods on relative's account. ..........................................................67
169 False pretences as to documents. ...................................................................67
170 Forgery...........................................................................................................68
171 Punishment for forgery. .................................................................................68

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172 Knowingly dealing with forged documents. ..................................................68
173 House- breaking. ............................................................................................69
174 Unlawful entry into buildings by night. .........................................................69
175 Unlawfully being on enclosed premises at night............................................69
176 Possession of house-breaking instruments. ....................................................69
177 Arson. .............................................................................................................70

PART XI-WILFUL DAMAGE TO PROPERTY AND ANIMALS:
TRESPASS: BURNING OFF UNDERGROWTH, ETC. 70
178 Wilful damage to buildings, vessels, wharves, etc. ........................................70
179 Wilful damage to beacons, buoys, etc. ...........................................................71
180 Interference with landmarks...........................................................................71
181 Wilful damage to commodities. .....................................................................71
182 Killing or maiming cattle. ..............................................................................71
183 Killing or maiming other animals. .................................................................71
184 Wilful damage to trees or cultivated plants, etc. ............................................72
185 Wilful damage to fish fences..........................................................................72
186 Wilful damage to fences.................................................................................72
187 Wilful damage to things not otherwise provided for......................................72
188 Trespass..........................................................................................................73
189 Taking and using cattle without owner's consent. ..........................................73
190 Burning things in towns without proper precaution. ......................................73
191 Burning off undergrowth. Notice to be given and proper precautions

taken. ..............................................................................................................74

PART XII-RESTITUTION OF STOLEN PROPERTY AND
APPROPRIATION OF MONEY TAKEN FROM PRISONER ON
ARREST 74
192 Restitution of property criminally obtained. ..................................................74
193 Restitution where stolen property pawned by thief........................................75
194 Money taken from prisoner to be applied as compensation. ..........................75
195 Money taken from prisoner to be paid to innocent purchaser of stolen

property. .........................................................................................................75

PART XIII-PROSECUTIONS AND PROCEDURE THEREON 75
196 In what courts prosecutions may be brought..................................................75
197 Who may prosecute. .......................................................................................76

PART XIV.-PROBATION OF OFFENDERS 76
198 Recognizance of good behaviour. ..................................................................76
199 Court may place convicted offender on probation. ........................................76
200 Probation order to be in writing. ....................................................................76


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THE SCHEDULE 77

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C
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CRIMINAL OFFENCES ACT

Acts Nos. 10 of 1924, 11 of 1924, 21 of 1926, 7 of 1929, 5 of 1930, 5 of
1931, 6 of 1935, 15 of 1935, 16 of 1935, 12 of 1936, 7 of 1939, 4 of 1942,
11 of 1942, 24 of 1942, 13 of 1943, 7 of 1944, 4 of 1948, 5 of 1948, 5 of

1949, 23 of 1950, 6 of 1952, 6 of 1954, 9 of 1956, 12 of 1957, 13 of 1957,
9 of 1958, 13 of 1958, 14 of 1958, 9 of 1959, 7 of 1962, 16 of 1962, 20 of

1966, 8 of 1967, 13 of 1969, 8 of 1975, 13 of 1978, 19 of 1978, 26 of
1978, 6 of 1980, 8 of 1984, 26 of 1984, 9 of 1987, 46 of 1988.

AN ACT RELATING TO CRIMINAL OFFENCES

Commencement [6th September, 1926]

1 Short title.
This Act may be cited as The Criminal Offences Act.

2 Interpretation.
In this Act unless the context otherwise requires—

“cattle” means the male, female or young of any animal of the following
kinds, namely: horse, ass, mule, kine, sheep, goat or swine;

“Court” means the Supreme Court or a Magistrate's Court;

“currency” includes paper money, Treasury Notes, Bank Notes and
metallic money the circulation of which is legally authorized (Added by
Act 5 of 1930);

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“night” means the time between the hour of 6 in the evening of any day
and the hour of 6 in the following morning (Substituted by Act 13 of
1943);

“public place” means any road, highway, street, market, place or wharf
and includes any building or vessel to which for the time being the public
are entitled or permitted to have access either without any condition or
upon conditions of making any payment and any building or place to
which the public have the right of access or which is for the time being
used for any public or religious meeting or assembly or as an open Court;

“valuable security” means any document which entitles or is evidence of
the title of any person to any thing or proprietary right of any kind
whatsoever and for the purposes of this Act a valuable security shall be
deemed to be of the same value as the title to the thing or proprietary right
which such security is evidence of and postage stamps shall be deemed to
be of the same values as are specified on their faces;

“vessel” means every kind of ship, punt, boat or raft.

3 Accused not to be convicted of offence not charged.
Except where otherwise provided in this Act no person charged with an offence
shall be found guilty of any other offence on the evidence submitted to the
Court, if such evidence is insufficient to establish the offence with which such
person is charged. (Added by Act 15 of 1935, Amended by Act 9 of 1958.)

PART I - ATTEMPTS

4 Definition of attempt.
(1) An attempt to commit an offence is an act done or omitted with intent to

commit that offence forming part of a series of acts or omissions which
would have constituted the offence if such series of acts or omissions had
not been interrupted by the voluntary determination of the offender not to
complete the offence or by some other cause.

(2) A person who attempts to commit an offence by any means shall not be
acquitted on the ground that by reason of the imperfection or other
condition of the means or by reason of the circumstances affecting the
person against whom or the thing in respect of which the crime was
intended to be committed it was not possible to commit the crime
according to his intent.

Illustrations

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A points a gun at B believing it to be loaded and meaning
immediately to discharge it at him. A is guilty of an attempt to harm
B although the gun is not, in fact, loaded.
A puts his hand into B's pocket intending to steal. A is guilty of an
attempt to steal although there is nothing in the pocket.

5 Punishment for attempts.
(1) Every person who attempts to commit any offence punishable by

imprisonment shall (unless the punishment for an attempt to commit such
offence is otherwise expressly specified by law) be liable to imprisonment
for a period not exceeding one-half of the longest period to which a
person actually committing that offence might be lawfully sentenced.

(2) Every person who attempts to commit any offence punishable by fine
shall (unless the punishment for an attempt to commit such offence is
otherwise expressly specified by law) be liable to a fine not exceeding
one-half of the maximum fine which a person who had actually
committed the said offence might be sentenced to pay.

6 Conviction for attempt on charge of offence
Where the complete commission of the offence charged is not proved but the
evidence establishes an attempt to commit the offence, the accused person may
be convicted of this attempt and punished accordingly:

Provided that after a conviction for the attempt the person so convicted shall not
be liable to be tried again for the offence which he was charged with
committing.

7 Conviction for attempt when full offence proved.
Where an attempt to commit an offence is charged but the evidence established
the commission of the full offence the accused shall not be entitled to be
discharged but he may be convicted of the attempt and punished accordingly:

Provided that after a conviction for the attempt the accused person shall not be
liable to be tried again for the offence which he was charged with attempting to
commit.

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PART II.- ABETMENT, HARBOURING CRIMINALS,
CONSPIRACY, ETC.

8 Abetment of crime and punishment of abettor.
Every person who directly or indirectly commands, incites, encourages or
procures the commission of an offence by any other person and every person
who knowingly does any act for the purpose of facilitating the commission of an
offence by any other person is an abettor and shall (unless otherwise expressly
specified by any enactment)—

(a) where the offence is actually committed in pursuance or during the
continuance of such abetment be liable to the same punishment as if
he himself had actually committed that offence; and

(b) where the offence is not actually committed shall be liable where
the offence abetted was murder to imprisonment for life or any less
period and in the case of abetment of any other offence to
imprisonment for a period not exceeding one-half of the longest
period to which a person committing that offence might be
sentenced or to a fine not exceeding one-half of the maximum fine
which a person committing that offence might be sentenced to pay.
Illustrations

A and B are fighting unlawfully; C and others hinder a police
officer from stopping the fight. C and the others are guilty of
abetting the fight.
A offers B $10 to assault C. A is guilty of abetting an assault
on C.
A encourages B to break and enter a shop. If B is discovered
and arrested while attempting to do so, A will be liable on a
charge of abetting to imprisonment for three and a half years,
one-half of the longest sentence that can be imposed for
housebreaking. If B actually completes the offence of
housebreaking, A is liable to 7 years' imprisonment.

9 Jurisdiction.
Whoever abets an offence shall be punishable in the Supreme Court or in the
Magistrate's Court according as he would be punishable if he had committed that
offence.

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10 Trial.
An abettor may be tried before with or after a person abetted and although the
person abetted is dead or is otherwise not amenable to justice.

11 Proof.
Every person who counsels, incites or procures another to commit an offence
which that other afterwards commits is an abettor of that offence although it may
be committed in a different manner from that which was counselled.

Illustration

A incites B to murder C by shooting him. B commits the murder by
poisoning C. A is an abettor of B's crime.

12 Abettor deemed a party to any offence committed as a result of his
counselling.
Every person who counsels, incites or procures another to commit an offence is
a party to every offence which that other commits in consequence of such
counselling, inciting or procuring and which the person counselling, inciting or
procuring knew or ought to have known would be likely to be committed in
consequence of such counselling, inciting or procuring.

Illustrations

A incites B to steal from C. B in attempting to do so is discovered by C
and murders him. Here A is guilty only of abetting theft and not of
abetting murder.

13 Harbouring criminals.
Every person who knowing or having reason to believe that any person has—

(a) committed an offence; or
(b) been charged by any prosecuting authority with any offence; or
(c) been issued with a summons by any court in respect of any offence;

or
(d) been remanded for or is awaiting trial in any court in respect of any

offence; or
(e) been convicted of any offence;

does without lawful authority or reasonable excuse any act with intent to impede
his apprehension, prosecution or the execution of the sentence is guilty of an
offence and is liable on conviction on indictment to imprisonment for any period

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not exceeding 3 years. (Substituted by Act 6 of 1980 and Amended by Act 9 of
1987 and Act 46 of 1988.)

14 Compounding crimes.
(1) Every person who—

(a) offers or agrees to forbear from prosecuting or giving evidence
against a person on a criminal charge in consideration of money or
any other valuable thing or any advantage whatsoever to himself or
to any other person, or

(b) accepts or agrees to accept or offers to accept any reward upon
pretence or on account of restoring to any person or of helping any
person to recover anything which has been stolen or otherwise
dishonestly appropriated by any crime punishable under Part X of
this Act upon the understanding that no prosecution on account of
the offence shall be proceeded with,

shall be liable to imprisonment for any period not exceeding 2 years.

(2) Where a person causes any wasteful employment of the police by
knowingly making to any person a false report tending to show that an
offence has been committed, or to give rise to apprehension for the safety
of any persons or property, or tending to show that he has information
material to any police inquiry, he is guilty of an offence and is liable on
summary conviction to a fine not exceeding $500 or to imprisonment for
any period not exceeding 6 months. (Inserted by Act 9 of 1987 Amended
by Act 46 of 1988.)

15 Conspiracy.
(1) If 2 or more persons agree to act together with a common purpose in order

to commit or abet an offence whether with or without any previous
concert or deliberation each of them is guilty of conspiracy to commit or
abet that offence as the case may be.

(2) If 2 or more persons are guilty of conspiracy to commit or abet any
offence each of them shall in case the offence is committed be liable to be
punished as if he had actually committed that offence or shall in case the
offence is not committed be punished as if he had abetted that offence.

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PART III - EXEMPTIONS FROM CRIMINAL
RESPONSIBILITY AND RESPONSIBILITY FOR ACTS OF

INVOLUNTARY AGENTS

16 Criminal liability of children.
(1) Nothing shall be deemed an offence which is done by a person under 7

years of age.

(2) Nothing shall be deemed an offence which is done by a person of or above
7 and under 12 years of age unless in the opinion of the Court or jury such
person had attained sufficient maturity of understanding to be aware of the
nature and consequences of his conduct in regard to the act of which he is
accused.

Illustrations
Sub-section (1). A aged 6 years throws a stone at and wounds B. A
cannot be convicted.
Sub-section (2). A aged 8 years steals a ring. A ought to be
convicted if the magistrate or the jury think that A was aware he
was committing an offence.

17 Person suffering from mental disease.
(1) A person shall not be responsible at law for an act or omission charged

against him as an offence if at the time of doing the act or making the
omission he is proved to have been insane in that he was suffering from
such a state of mental disease as to deprive him—
(a) of capacity to understand the physical nature and quality of such act

or omission; or
(b) of capacity to understand that such act or omission was wrong.

(Amended by Act 13 of 1978)

(2) A person who is suffering from mental disease at the time of doing the act
or making the omission charged against him as an offence and who owing
to such mental disease is affected by delusions on some matter or matters
but whose mental condition does not render him irresponsible at law
within the meaning of subsection (1) is criminally responsible to the same
extent as if the facts with respect to which such delusions exist were real.

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18 Procedure where accused on arraignment appears to be insane.
If any accused person appears before or upon arraignment in the Supreme Court
to be insane, a jury may be sworn to try whether he is sane or insane and the jury
after hearing evidence for that purpose shall find whether or not he is insane and
unfit to take his trial:

Provided that a verdict under this section finding an accused person to be insane
shall not prevent such person from being tried for the offence with which he is
charged in case he subsequently becomes of sound mind.

19 Procedure where accused was insane at time of committing the
crime.
If upon the trial in the Supreme Court of any person against whom any act or
omission is charged as an offence, evidence is given that such person at the time
when such act or omission took place was insane within the meaning of section
17 hereof, then if it appears to the jury that he was so insane as aforesaid at the
time when such act or omission took place the jury shall return a special verdict
that the accused is not guilty because he was insane at the time when he did the
act or made the omission. (Amended by Act 13 of 1978.)

20 Custody of accused person found to be insane.
(1) Where any person is found to be insane under the provisions of either

section 18 or section 19 hereof the Court shall order him to be detained in
safe custody pending the decision of the Privy Council.

(2) The judge shall forthwith report the finding of the jury and the detention
of the accused to the Prime Minister, who shall submit the matter to the
Privy Council for decision as to the place and mode of detention of the
accused.

21 Intoxication.
(1) Save as provided in this section intoxication shall not constitute a defence

or any criminal charge.

(2) Intoxication shall be a defence to any criminal charge if by reason thereof
the person charged, at the time of the act or omission complained of, did
not know that such act or omission was wrong or did not know what he
was doing and—
(a) the state of intoxication was caused without his consent by the

malicious or negligent act of another person; or

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(b) the person charged was by reason of intoxication insane temporarily
or otherwise at the time of such act or omission.

(3) Where the defence under the preceding subsection is established then in a
case falling under paragraph (a) thereof the accused person shall be
discharged and in a case failing under paragraph (b) the provisions of this
Act relating to insane persons shall apply.

(4) Intoxication shall be taken into account for the purpose of determining
whether the person charged had formed any intention specific or
otherwise in the absence of which he would not be guilty of the offence.

(5) For the purpose of this section “intoxication” shall be deemed to include a
state produced by narcotics or drugs. (Substituted by Act 15 of 1935.)

22 Married women.
A married woman committing an offence in the presence of her husband shall
not be presumed to have committed it under his compulsion.

23 Involuntary agents.
Every person intentionally or negligently causing any involuntary agent to cause
an event shall himself be deemed to have caused such event.

“Involuntary agent” means any animal or other thing and also any person
who is exempt from liability to punishment for causing the event by
reason of infancy, insanity or otherwise under the provisions of this Part
of this Act.

Illustrations
A induces a child under 7 years of age to steal a thing for him. A is
guilty of theft.
A causes a dog to attack and grievously hurt B. A is guilty of the
harm caused to B.

PART IV. - PUNISHMENT

24 Different kinds of punishment.
(1) The following punishments may be inflicted—

(a) payment of compensation;
(b) fine;

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(c) whipping;
(d) imprisonment; and
(e) death.

(2)
(a) It shall be lawful at the discretion of the Court, for the infliction of

punishment (other than punishment by death) to be deferred for any
period not exceeding 12 months from the date of conviction.

(b) Where punishment is deferred under the foregoing paragraph, it
shall be lawful for sentence to be passed on the first convenient day
after the expiration of the period of deferment ordered by the Court,
save that any person who is convicted of a further offence after the
court has deferred sentence shall be sentenced for the offence for
which sentence was deferred at the same time as he is being
sentenced for that further offence. (Inserted by Act 19 of 1978 and
Amended by Act 9 of 1987.)

(3)
(a) It shall be lawful for the Court when imposing a sentence of

imprisonment to suspend the whole or part of such sentence for any
period up to 3 years;

(b) Such sentence will be conditional on the offender not being
convicted of an offence punishable by imprisonment during the
period of suspension;

(c) In the event of the offender being convicted of an offence
punishable by imprisonment during the period of suspension he will
thereupon be sentenced to serve the term of the suspended sentence
in addition to the punishment imposed for such subsequent offence.
(Inserted by Act 9 of 1987.)

25 Payment of compensation.
(1) Any person who is tried and convicted in the Supreme Court of an offence

may be adjudged by the Court to make compensation to any person
injured or suffering loss by his offence.

(2) Any person tried and convicted in a Magistrate's Court of an offence may
be adjudged by the Court to make compensation not exceeding $500 to
any person injured or suffering loss by his offence. (Amended by Acts 7 of
1962 and 13 of 1978.)

(3) Any such compensation may be either in addition to or in substitution for
any other punishment and in default of payment thereof the convicted
person is liable to imprisonment for any period not exceeding 12 months.
(Amended by Acts 9 of 1987 and 46 of 1988.)

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26 Fines.
(1) Where a person convicted of an offence is sentenced to pay a fine the

Court shall, by its sentence, direct that if the person fails to pay the fine at
the time appointed he shall be imprisoned for a period not exceeding one
year unless the fine is sooner paid.

(2) Any imprisonment to which any person is sentenced and becomes subject
under subsection (1) shall commence at the expiration of the
imprisonment to which he is sentenced for his offence. (Substituted by Act
9 of 1987.)

27 Time may be granted for payment.
The Court imposing any fine may grant time to pay the same provided that no
longer period than 3 months shall be granted. (Substituted by Act 13 of 1957.)

28 Imprisonment for non-payment.
Whenever an offender is imprisoned for non-payment of a fine, the period of his
imprisonment shall be reckoned as beginning from the date on which he entered
the prison and not from the date of his conviction.

29 Person imprisoned for non-payment of fine to be released on
payment.
(1) Any person imprisoned for non-payment of a fine may pay or cause to be

paid to the keeper of the prison the sum specified in the warrant of
commitment and the keeper shall receive the same and shall thereupon
discharge the prisoner if he is not in custody for any other matter.
(Amended by Act 9 of 1987.)

Procedure on part payment of fine.

(2) Where any such person as aforesaid pays or causes to be paid to the
keeper of the prison any part of the sum specified in the warrant of
commitment, the keeper shall discharge the prisoner (if not in custody for
any other matter) as soon as he has completed a proportion of his sentence
equal to that proportion of the sum specified in the warrant which still
remains unpaid.

30 Power to impose fine instead of imprisonment.
Where any person is convicted of any offence punishable by imprisonment such
person may be sentenced to pay a fine in lieu thereof. (Substituted by Act 13 of
1978 and Amended by Act 26 of 1984.)

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31 Whipping.
(1) It shall be unlawful to sentence any female to be whipped.

(2) Sentence of whipping may be passed upon a male offender only when the
law expressly provides that the offence of which he has been convicted is
punishable by whipping.

(3) A male offender may be sentenced to be whipped once or twice and the
Court when pronouncing any such sentence shall specify the number of
strokes to be inflicted on each occasion:

Provided that in the case of any male offender under 16 years of age the total
number of strokes to which he is sentenced shall not exceed 20 and in the case of
any other male offender the total number of strokes prescribed by such sentence
shall not exceed 26. No person who has been whipped shall be again whipped
within 14 days. (Amended by Act 9 of 1987.)

(4) Every sentence of whipping shall be carried out by the chief gaoler or
gaoler for the district within the prison precinct and in the presence of a
magistrate.

(5) Where the person sentenced to be whipped is a male under 16 years of age
the whipping shall be inflicted on the breech with a light rod or cane
composed of tamarind or other twigs. In the case of any other male
offender the whipping shall be inflicted on the breech with a cat of a
pattern approved by the Cabinet. (Amended by Act 9 of 1987)

(6) No sentence of whipping shall be carried out until the offender has been
examined by a doctor or a Government medical assistant and certified by
him that there is no mental or physical impairment of the offender such as
to render him unfit to undergo such punishment. (Amended by Act 8 of
1984.)

(7) No sentence of whipping shall be carried out on an adult unless ordered or
approved on review by the Cabinet, and for the purposes of this
subsection “adult” means a person who is 16 years of age and over.
(Added by Act 4 of 1942, Amended by Acts 5 of 1948 and 9 of 1987.)

32 Imprisonment.
Every person sentenced to imprisonment or committed to prison shall be subject
to imprisonment with hard labour unless the contrary is expressed in the
sentence or warrant.

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33 Death sentence.
(1) When any person is condemned to death the sentence shall be that such

person shall be taken to the place of execution and there hanged by the
neck until he is dead.

King's assent.

(2) No sentence of death shall be carried into execution until the King with
the consent of the Privy Council has signified assent thereto.

Power to commute.

(3) It shall be lawful for the King with the consent of the Privy Council to
commute a sentence of death to imprisonment for life.

34 Chief Justice to forward report to Prime Minister.
The Chief Justice so soon as conveniently may be after pronouncing any
sentence of death shall forward to the Prime Minister for submission to the Privy
Council his notes of evidence taken at the trial with a report in writing
containing any recommendation or observations on the case which he may think
fit to make.

35 Sentence of death: how executed.
Sentence of death shall be executed under the direction of the Minister of Police
or of such other officer as the Privy Council may appoint, and the gaoler, a
medical officer and such other officers of the prison as the Minister of Police or
other officer appointed as aforesaid shall require, and such minister of religion as
the Privy Council may at the request of the prisoner approve may be present at
the execution.

36 Medical officer to supply certificate of death.
As soon as may be after sentence of death has been executed on the offender the
dead body shall be examined by a medical officer who shall ascertain the fact of
death and shall sign a certificate thereof and deliver the same to the Minister of
Police. The Minister of Police or other officer appointed under section 35 hereof
shall also sign a declaration to the effect that sentence of death has been
executed on the offender. (Amended by Act 9 of 1958.)

37 Inquest on body of person executed.
(1) The magistrate for the district in which the prison in which the sentence of

death was carried out is situated shall within 24 hours after the execution

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hold an inquest on the body of the offender and the jury at the inquest
shall inquire into and ascertain the identity of the body and whether
sentence of death was duly executed on the offender.

(2) No officer of the prison or prisoner confined therein shall in any event be
a juror on the inquest.

38 Privy Council to appoint place of burial for executed criminals.
The Privy Council shall by writing under its seal appoint some fit place for the
burial of offenders executed and the body of every offender shall be buried in
such place.

39 Regulations with respect to execution of death sentence
The Privy Council may from time to time make such regulations to be observed
on the execution of sentence of death as they may deem expedient for the
purpose of guarding against any abuse in the execution, for giving greater
solemnity thereto and for making known without the prison walls the fact that
the execution is taking place.

40 Sentence of death not to be passed on pregnant woman.
Where a woman convicted of an offence punishable with death is found in
accordance with the provisions of this Act to be pregnant the sentence to be
passed on her shall be a sentence of imprisonment for life instead of sentence of
death. (Added by Act 16 of 1939)

41 Procedure where woman convicted of capital offence alleges she is
pregnant.
(1) Where a woman convicted of an offence punishable with death alleges

that she is pregnant or where the Court before whom a woman is so
convicted thinks fit so to order the question whether or not the woman is
pregnant shall before sentence is passed on her be determined by a jury.

(2) Subject to the provisions of this subsection the said jury shall be the trial
jury that is to say the jury to whom she was given in charge to be tried for
the offence and the members of the jury need not be resworn:

Provided that—
(a) if any member of the trial jury either before or after the conviction

dies or is discharged by the Court as being through illness incapable
of continuing to act or for any other cause, the inquiry as to whether
or not the woman is pregnant shall proceed without him; and

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(b) where there is no trial jury or where a jury have disagreed as to
whether the woman is or is not pregnant or have been discharged by
the court without giving a verdict on that question, the jury shall be
constituted as if to try whether or not she was fit to plead and shall
be sworn in such manner as the Court may direct.

(3) The question whether the woman is pregnant or not shall be determined
by the jury on such evidence as may be laid before them either on the part
of the woman or on the part of the Crown, and the jury shall find that the
woman is not pregnant unless it is proved affirmatively to their
satisfaction that she is pregnant. (Added by Act 16 of 1935)

PART V. - TRIAL OF OFFENCES AND ALTERNATIVE
VERDICTS

42 Trial of offences.
(1) Where a person is arraigned on an indictment—

(a) he shall in all cases be entitled to make a plea of not guilty in
addition to any demurrer or special plea;

(b) he may plead not guilty of the offence specifically charged in the
indictment but guilty of another offence of which he might be found
guilty on that indictment;

(c) if he stands mute of malice or will not answer directly to the
indictment, the Court may order a plea of not guilty to be entered
on his behalf and he shall then be treated as having pleaded not
guilty.

(2) On an indictment for murder a person found not guilty of murder may be
found guilty—
(a) of manslaughter, or of causing grievous bodily harm with intent to

do so, or of wounding with that intent;
(b) of an offence of which he may be found guilty under a written law

specifically so providing; or
(c) of an attempt to commit murder, or of an attempt to commit any

other offence of which he might be found guilty,

but he may not be found guilty of any offence not included above.

(3) Where on a person's trial on indictment for any offence except treason or
murder, the jury find him not guilty of the offence specifically charged in
the indictment but the allegations in the indictment amount to or include
(expressly or by implication) an allegation of another offence falling

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within the jurisdiction of the Court of trial, the jury may find him guilty of
that other offence or of an offence of which he could be found guilty on
an indictment specifically charging that other offence.

(4) For purposes of subsection (3) any allegation of an offence shall be taken
as including an allegation of attempting to commit that offence.

(5) Where a person arraigned on an indictment pleads not guilty of an offence
charged in the indictment but guilty of some other offence (whether an
offence of which he might be found guilty on that charge or an offence
separately charged), and he is convicted on that plea of guilty without trial
for the offence of which he has pleaded not guilty, his conviction of the
one offence shall be an acquittal of the other.

(6) Subsections (1) to (3) (inclusive) apply to an indictment containing more
than one count as if each count were a separate indictment. (Inserted by
Act 9 of 1987.)

PART VI - PROCEDURE AGAINST CORPORATIONS

43 Procedure on charge of offence against corporation.
(1) Where a corporation is charged with an offence before a Magistrate's

Court, the Court may commit the corporation for trial by an order in
writing under the hand of the Magistrate empowering the prosecution to
prefer a bill of indictment in respect of the offence named in the order.

(2) The form of order under subsection (1) shall be in the form as the Form in
the Schedule.

(3) A representative may on behalf of a corporation—
(a) make a statement before the Magistrate in answer to the charge;
(b) consent or object to summary trial or claim trial by jury.

(4) Where a representative appears, any requirement of the Magistrates'
Courts Act that anything shall be done in the presence of the accused, or
shall be read or said to the accused, shall be construed as a requirement
that the thing shall be done in the presence of the representative or read or
said to the representative. Cap. 11

(5) Where a representative does not appear, any such requirement, and any
requirement that the consent of the accused shall be obtained for summary
trial does not apply.

(6) Subject to this section, the provisions of the Magistrates' Courts Act
relating to the inquiry into and trial of indictable offences apply to a
corporation as they apply to an adult.

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(7) Where a corporation is charged jointly with an individual with an offence
before a Magistrate's Court, then if the offence is not a summary offence
but one that may be tried with the consent of the accused, the Court shall
not try either of the accused summarily unless each of them consents to be
so tried.

(8) Where a corporation is arraigned on an indictment before the Supreme
Court, the corporation may enter in writing by its representative a plea of
guilty or not guilty, and if either the corporation does not appear by a
representative or, though it does so appear, fails to enter as mentioned
above any plea, the Court shall order a plea of not guilty to be entered and
the trial shall proceed as though the corporation had duly entered a plea of
not guilty.

(9) In this section the expression “representative” in relation to a corporation
means a person duly appointed by the corporation to represent it for the
purpose of doing any act or thing which the representative of a
corporation is by this section authorised to do, but a person so appointed
shall not, by virtue only of being so appointed, be qualified to act on
behalf of the corporation before any Court for any other purpose.

(10) A representative for the purposes of this section need not be appointed
under the seal of the corporation, and a statement in writing purporting to
be signed by a managing director of the corporation, or by any person (by
whatever name called) having, or being one of the persons having, the
management of the affairs of the corporation, to the effect that the person
named in the statement has been appointed as the representative of the
corporation for the purposes of this section shall be admissible without
further proof as prima facie evidence that person has been so appointed.
(Inserted by Act 9 of 1987.)

PART VII - OFFENCES AGAINST THE STATE

44 Treason
Every person who—

(a) levies or conspires to levy war against the King or the
Government; or

(b) attempts to assassinate the King or the heir to the throne; or
(c) attempts to depose the King; or
(d) joins in a rebellion against the King; or
(e) incites any person to assassinate or depose the King or to

assassinate the heir to the throne

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is guilty of treason and shall on conviction thereof be sentenced to death or to
imprisonment for any period not exceeding life and his lands and other property
shall be forfeit to the Crown.

45 Concealment of treason.
Every person who being aware of any intended treason omits to give information
thereof to the Minister of Police or to the Governor of the district or the
Government representative for the district shall be liable to imprisonment for
any period not exceeding 7 years.

46 Attempts to injure or alarm the King.
Every person who with intent to injure or alarm the King wilfully—

(a) points at the King any description of firearm or weapon
whatsoever, or

(b) throws or attempts to throw anything at the King, or
(c) strikes or attempts to strike the King with any weapon or in any

other manner whatever,

shall be liable to imprisonment for any period not exceeding 10 years.

47 Sedition.
(1) Every person who speaks any seditious words or makes, publishes,

imports or distributes any seditious document or is party to a seditious
conspiracy shall be liable to imprisonment for any period not exceeding 7
years.

(2) Seditious words are words expressive of a seditious intention.

A seditious document is a document expressive of a seditious intention.

A seditious conspiracy is an agreement between 2 or more persons to carry into
execution a seditious intention.

48 Definition of seditious intention.
A seditious intention is an intention to do any of the following matters—

(a) to excite disaffection against the King of Tonga or against the
Parliament or Government of Tonga;

(b) to excite such hostility or ill-will between different classes of the
inhabitants of the Kingdom as may be injurious to the public
welfare;

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(c) to incite, encourage or procure violence, disorder or resistance to
law or lawlessness in the Kingdom;

(d) to procure otherwise than by lawful means the alteration of any
matter affecting the Constitution, Laws or Government of the
Kingdom. (Amended by Act 13 of 1978.)

49 Deprivation of civil rights.
Any person who shall be sentenced to 2 years imprisonment or more for treason,
concealment of treason or sedition shall be deprived of his rights as a citizen and
shall not hold an appointment in the public service nor vote in any election for
representatives to the Legislative Assembly nor serve on a jury unless pardoned
by the King.

50 Acceptance of bribe by government servant.
Every person employed as or acting in the capacity of a Government servant
who shall demand or accept any money or valuable consideration of any
description whatever as an inducement to do or abstain from doing any act in the
execution of his duty as such Government servant or as an inducement for
showing favour or disfavour to any person shall be liable to imprisonment for
any period not exceeding 3 years.

51 Bribery of government servant.
Every person who shall give or offer any money or valuable consideration of any
description whatever to any person in the service of the Government as an
inducement to do or abstain from doing any act in the execution of his duty as a
Government servant or as an inducement to show favour or disfavour to any
person shall be liable to imprisonment for any period not exceeding 3 years.

52 Extortion by government servant.
Every person employed as or acting in the capacity of a Government servant
who from an improper motive and under colour of office demands or accepts
from any other person any money or valuable consideration whatever which is
not due from such person at the time when it is so demanded or accepted shall be
liable to imprisonment for any period not exceeding 5 years.

53 Fraudulent conversion by government servant.
Every person who being employed as or acting in the capacity of a Government
servant fraudulently converts to his own use or to the use or benefit of any other

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person or in any manner fraudulently disposes of any money valuable security or
thing of any description whatever or any part thereof which has been entrusted to
or received by him by virtue of his employment as a Government servant shall
be liable to imprisonment for any period not exceeding 10 years.

54 False receipt: issue of, by government servant.
Every Government servant who wilfully gives to any person a receipt for an
amount of money or property different from the amount actually paid over or
delivered to such Government servant shall be liable to imprisonment for any
period not exceeding 5 years.

55 Assaulting or obstructing government servants.
Every person who assaults, resists or wilfully obstructs any Government servant
in the lawful execution of his duty shall be liable on conviction to imprisonment
for any period not exceeding 12 months, or to a fine not exceeding $250, or to
both such fine and imprisonment. (Amended by Acts 23 of 1950, 20 of 1966 and
9 of 1987.)

56 Intimidating government servants.
Every person who, with a view to induce any Government servant to do or
refrain from doing any act in the lawful execution of his duty, intimidates such
Government servant or his wife or children or injures or threatens to injure his
property shall be liable on conviction to imprisonment for any period not
exceeding 12 months, or to a fine not exceeding $250, or to both such fine and
imprisonment. (Amended by Acts 23 of 1950, 20 of 1966 and 9 of 1987.)

57 Use of threatening, etc., language to government servant.
Every person who uses threatening, abusive or insulting language or behaviour
towards any officer in the service of the Government shall be liable on
conviction to imprisonment for any period not exceeding 12 months, or to a fine
not exceeding $250, or to both such fine and imprisonment. (Amended by Acts
23 of 1950, 20 of 1966 and 9 of 1987.)

58 Refusal to assist in prevention of crime.
Every person who being lawfully required by any public officer, police officer or
other person to render assistance in preventing the commission of any offence or
in arresting any person or in preventing the rescue or escape of any person,
refuses or neglects to render such assistance shall be liable to a fine not

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exceeding $250 and in default of payment to imprisonment for any period not
exceeding 6 months. (Amended by Act 9 of 1987.)

59 Making counterfeit currency
(1) Every person who—

(a) makes any counterfeit currency resembling or apparently intended
to resemble any of the current currency of the Kingdom of Tonga or
of any foreign state or country, or

(b) has in his possession or makes any dies or other instruments or
materials intended to be used in the making of counterfeit currency,

shall be liable to imprisonment for any period not exceeding 5 years.
(Amended by Acts 5 of 1930, 16 of 1962 and 13 of 1978.)

(2) Any counterfeit currency or any dies, instruments or material used in
making any counterfeit currency found in the possession of any person
may be seized and shall be delivered up to the Treasurer or to any person
authorized by him for the purpose by order of the Court before which the
offender is tried. (Added by Act 12 of 1936.)

60 Impairing current currency.
Every person who shall impair or diminish any of the current currency of the
Kingdom of Tonga or of any foreign state or country with intent that when so
impaired or diminished it shall pass as current currency either in Tonga or
elsewhere shall be liable to imprisonment for any period not exceeding 5 years.
(Amended by Acts 5 of 1930, 16 of 1962 and 9 of 1987.)

61 Uttering counterfeit currency.
Every person who shall utter any currency resembling or apparently intended to
resemble any of the current currency of the Kingdom of Tonga or of any foreign
state or country, knowing such currency to be counterfeit, shall be liable to
imprisonment for any period not exceeding 5 years. (Amended by Acts 5 of 1930,
16 of 1962 and 13 of 1978.)

62 Importing, etc., counterfeit currency
Any person who imports or receives or obtains in any manner whatsoever any
counterfeit currency knowing the same to be counterfeit with intent to utter the
same shall be guilty of an offence against this Act and on conviction be liable to
imprisonment for any term not exceeding 5 years. (Added by Act 5 of 1930.)

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PART VIII - OFFENCES AGAINST JUSTICE, THE PUBLIC
PEACE, AND PUBLIC MORALS

63 Perjury.
(1) Perjury is the making by any person upon oath or affirmation, either in a

judicial proceeding or in any affidavit or solemn declaration, of any
material statement relating to a matter of fact, opinion, belief or
knowledge which the person making such statement knows to be false.

(2) Every proceeding shall be deemed to be judicial within the meaning of
subsection (1) which is held before any Court or before any person having
power to take evidence on oath or affirmation.

(3) Every person who commits perjury or counsels or procures a person to
commit any perjury which is actually committed shall be liable to
imprisonment for any period not exceeding 7 years.

(4) Every person who attempts to induce another to commit perjury shall be
liable to imprisonment for any period not exceeding 2 years.

64 False statements.
(1) Any person who knowingly and wilfully makes otherwise than on oath a

statement false in a material particular and the statement is made—
(a) in an account, certificate, declaration, entry, inventory, notice or

other document which he is authorized or required to make attest or
verify by any written law; (Amended by Act 9 of 1987.)

(b) in any oral declaration or oral answer which he is required to make
under or in pursuance of any written law; or (Amended by Act 9 of
1987.)

(c) in any written statement made to the police by such person as a
witness to or in connection with any criminal offence alleged to
have been committed by any other person, provided that he signed
at the end of his written statement an acknowledgement that he was
warned that if he knowingly and wilfully made therein any
statement false in a material particular he became liable to
prosecution; (Inserted by Act 26 of 1978.)

shall be guilty of an offence and on conviction thereof shall be liable to
imprisonment for a term not exceeding 2 years or to a fine not exceeding
$500 or to both such fine and imprisonment. (Amended by Act 9 of 1987.)

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(2) No prosecution shall be instituted against any person for an offence under
this section unless the same shall be commenced within 2 years from the
time of the commission of such offence. (Added by Act 7 of 1929.)

65 Interference with course of justice.
Every person who conspires or attempts to interfere wrongfully in any manner
with the course of justice in any matter, civil or criminal, shall be liable to
imprisonment for any period not exceeding 4 years.

66 Bribing jurors.
(1) Every person who shall offer any inducement of any description

whatsoever to another for the purpose of influencing such other person's
decision as a juror in any matter civil or criminal shall be liable to
imprisonment for any period not exceeding 3 years.

(2) Every person who refrains or offers to refrain from prosecuting any
offence in return for any valuable consideration, favour or reward
received or to be received from any offender shall be liable to
imprisonment for any period not exceeding 4 years.

67 Unlawful Society.
(1) A society includes any combination of 10 or more persons whether the

society be known by any name or not.

(2) A society is an unlawful society—
(a) if the King in Council by Order in Council declares the society to

be a threat or a danger to the peace order and good government of
the Kingdom; or

(b) if it aims at, or was formed for, or engages in, any one or more of
the following:
(i) levying war or encouraging or assisting any person to levy

war on the Government or the inhabitants of any part of the
Kingdom;

(ii) killing or injuring or inciting to the killing or injuring of any
person;

(iii) destroying or injuring or inciting to the destruction or
injuring of any property;

(iv) subverting or promoting the subversion of the Government or
of its officials;

(v) committing or inciting to acts of violence or intimidation;

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(vi) interfering with, or resisting, or inciting to interference with
or resistance to the administration of the law; and

(vii) disturbing or inciting to the disturbance of peace or order in
any part of the Kingdom.

(Inserted by Act 8 of 1967)

68 Managing unlawful society.
Any person who manages or assists in the management of an unlawful society
commits an offence and is liable to imprisonment for 7 years. (Inserted by Act 8
of 1967)

69 Being member of unlawful society.
Any person who—

(a) is a member of an unlawful society; or
(b) knowingly allows a meeting of an unlawful society or of members

of an unlawful society to be held in any house, building or place
belonging to or occupied by him, or over which he has control,

commits an offence and is liable to imprisonment for 3 years. (Inserted by Act 8
of 1967)

70 Prosecution under Sections 68 and 69.
(1) A prosecution for an offence under sections 68 or 69 shall not be

instituted except with the consent in writing of the Prime Minister:

Provided that a person charged with such an offence may be arrested or a
warrant for his arrest may be issued and executed, and any such person
may be remanded in custody or on bail, notwithstanding that the consent
of the Prime Minister to the institution of a prosecution for the offence has
not been obtained, but no further or other proceedings shall be taken until
that consent has been obtained.

(2) In any prosecution for an offence under sections 68 or 69 it shall not be
necessary to prove that the society consisted of 10 or more members; but
it shall be sufficient to prove the existence of a combination of persons
and the onus shall then rest with the accused to prove that the number of
members of such combination did not amount to 10.

(3) Any person who attends a meeting of an unlawful society shall be
presumed, until and unless the contrary is proved, to be a member of that
society.

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(4) Any person who has in his possession or custody or under his control. any
of the insignia, banners, arms, books, papers, documents or other property
belonging to an unlawful society, or wears any of the insignia, or is
marked with any mark of the society, shall be presumed, unless and until
the contrary is proved, to be a member of the society. (Inserted by Act 8 of
1967.)

71 Power of entry, arrest search etc.
Any police officer may without warrant enter with or without assistance any
house, buildings, tent, vessel, aircraft or into any place whatsoever in which he
has reason to believe that a meeting of an unlawful society or of persons who are
members of an unlawful society is being held, and to arrest or cause to be
arrested all persons found therein, and to search such house, building, tent,
vessel, aircraft or other place and seize or cause to be seized all insignia,
banners, arms, books, papers, documents and other property which he may have
reasonable cause to believe to belong to any unlawful society or to be in any way
connected with the purpose of the meeting. (Inserted by Act 8 of 1967)

72 Declaration by King in Council.
When a society is declared to be an unlawful society by an order of the King in
Council, the following consequences shall ensue—

(a) the property of the society within the Kingdom shall forthwith vest
in an officer appointed by the Prime Minister;

(b) the officer appointed by the Prime Minister shall proceed to wind
up the affairs of the society and, after satisfying and providing for
all debts and liabilities of the society and the cost of winding up, if
there shall then be any surplus assets, such assets shall become the
property of the Government and may be disposed of as the Prime
Minister may direct. (Inserted by Act 8 of 1967)

73 Forfeiture of insignia etc.
Subject to the provisions of section 72, insignia, banners, arms, books, papers,
documents and other property belonging to an unlawful society shall be forfeited
to the Government for disposal in such manner as the Prime Minister may direct.
(Inserted by Act 8 of 1967)

74 Unlawful assembly and Riot.
(1)

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(a) When 3 or more persons assemble with intent to commit an
offence, or, being assembled with intent to carry out some common
purpose, conduct themselves in such a manner as to cause persons
in the neighbourhood reasonably to fear that the persons so
assembled will commit a breach of the peace, or will by such
assembly needlessly and without any reasonable occasion provoke
other persons to commit a breach of the peace, those 3 or more
persons constitute an unlawful assembly.

(b) It is immaterial that the original assembling was lawful if, being
assembled, they conduct themselves with a common purpose in
such a manner as aforesaid.

(2) When an unlawful assembly takes a step towards executing, or begins to
execute, the purpose for which it assembled by committing a breach of the
peace to the terror of the public, the assembly is called a riot, and the
persons assembled are said to be riotously assembled. (Inserted by Act 8
of 1967)

75 Punishment for unlawful assembly.
(1) Any person who takes part in an unlawful assembly commits an offence

and is liable to imprisonment for a period not exceeding one year.

(2) Any person who takes part in a riot commits an offence and is liable to
imprisonment for a period not exceeding 2 years. (Inserted by Act 8 of
1967)

76 Making proclamation for rioters to disperse.
(1) Any magistrate or, in his absence, any police officer not below the rank of

sub-inspector or any officer in charge of a Police Station, in whose view 5
or more persons are riotously assembled, or who apprehends that a riot is
about to be committed by 5 or more persons assembled within his view,
may make or cause to be made a proclamation in the name of the King, in
such form as he thinks fit, commanding the rioters or persons so
assembled to disperse peaceably.

Dispersion of rioters after proclamation.

(2) If upon the expiration of a reasonable time after such proclamation has
been made, or after the making of such proclamation has been prevented
by force, 10 or more persons continue to riotously assemble together, any
person authorised to make a proclamation, or any police officer, or any
person acting in aid of such person or police officer, may do all things
necessary for dispersing the persons so assembled, or for apprehending
them or any of them, and, if any person resists, may use all such force as

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is reasonably necessary for overcoming such resistance, and shall not be
liable in any criminal or civil proceedings for having, by the use of such
force, caused harm or death to any person.

Rioting after proclamation.

(3) If a proclamation is made commanding the persons engaged in a riot or
assembled with the purpose of committing a riot to disperse, every person
who, at or after the expiration of a reasonable time from the making of
such proclamation, takes or continues to take part in the riot or assembly
commits an offence and shall be liable to imprisonment for a period not
exceeding 5 years.

Preventing or obstructing the making of proclamation.

(4) Any person who forcibly prevents or obstructs the making of the
proclamation referred to in this section commits an offence and is liable to
imprisonment for a period not exceeding 10 years; and if the making of
the proclamation is so prevented or obstructed every person who, knowing
that it has been so prevented, takes or continues to take part in the riot or
assembly, is liable to imprisonment for a period not exceeding 15 years.
(Inserted by Act 8 of 1967)

77 Rioters demolishing buildings etc.
(1) All persons who, being riotously assembled together, unlawfully pull

down or destroy or begin to pull down or destroy any building, machinery
or structure commit an offence and are liable to imprisonment for life.

(2) All persons who, being riotously assembled together, unlawfully damage
any of the things mentioned in sub-section (1) commit an offence and are
liable to imprisonment for a period not exceeding 7 years.

(3) All persons who, being riotously assembled together, unlawfully and with
force prevent, hinder or obstruct the loading or unloading of any vehicle,
vessel or aircraft, or the starting of any vehicle or the sailing or navigation
of any vessel or the departure or arrival of any aircraft, or unlawfully and
with force board any vehicle, vessel or aircraft with intent to do any such
act aforesaid commit an offence and are liable to imprisonment for a
period not exceeding 5 years. (Inserted by Act 8 of 1967)

78 Going armed in public.
Any person who goes armed in public without lawful excuse in such manner as
to cause terror to any person commits an offence and is liable to imprisonment
for a period not exceeding 5 years and his arms shall be forfeited to the
Government. (Inserted by Act 8 of 1967)

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79 Bigamy.
(1) Every person who—

(a) being lawfully married, goes through a form of marriage with any
other person, or

(b) goes through a form of marriage with any person whom he or she
knows to be married,

is guilty of bigamy and shall be liable to imprisonment for any period not
exceeding 3 years.

(2) The fact that the parties would if unmarried have been incompetent for
any reason to contract marriage shall not be a defence upon a prosecution
for bigamy.

(3) It shall be a sufficient defence upon any prosecution for bigamy if it is
proved—
(a) that at the time of the marriage in respect of which the charge is

brought the defendant's husband or wife as the case may be had
been continually absent from the defendant for 7 years or more and
had not been known by the defendant to be alive at any time within
that period; or

(b) that at the time of the marriage in respect of which the charge is
brought the defendant honestly believed upon reasonable grounds
that the husband or wife as the case may be was dead; or

(c) that at the time of the marriage in respect of which the charge is
brought the defendant honestly believed upon reasonable grounds
that the first marriage was invalid; or

(d) that the previous marriage had been dissolved by a decree of
divorce or had been declared void from the beginning by any court
of competent jurisdiction.
Illustration

Sub-section (2). On the prosecution of A for bigamy it will
be no defence to prove that A's alleged bigamous marriage
was to a person whom he was by law prohibited from
marrying on the ground of consanguinity.

80 Keeping a brothel, etc.
(1) It is an offence for a person to keep a brothel, or to manage, or act or

assist in the management of, a brothel.

(2) It is an offence for the lessor or landlord of any premises or his agent to let
the whole or part of the premises with the knowledge that it is to be used

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in whole or in part, as a brothel, or, where the whole or part of the
premises is used as a brothel, to be wilfully a party to that use continuing.

(3) It is an offence for the tenant or occupier, or person in charge, of any
premises knowingly to permit the whole or part of the premises to be used
as a brothel.

(4) It is an offence for the tenant or occupier of any premises knowingly to
permit the whole or any part of the premises to be used for the purposes of
habitual prostitution.

(5) A brothel is a house or room or place of any kind whatever kept, used or
resorted to for purposes of prostitution.

(6) For purposes of this section premises shall be treated as a brothel if people
resort to it for the purpose of lewd homosexual practices in circumstances
in which resort thereto for lewd heterosexual practices would have led to
its being treated as a brothel for the purpose of this section.

(7) Any person who is guilty of an offence under this section is liable on
summary conviction to a fine not exceeding $500 or to imprisonment for
any period not exceeding one year. (Substituted by Act 9 of 1987,
Amended by Act 46 of 1988.)

81 Trading in prostitution.
(1) Every male person who knowingly lives wholly or in part on the earnings

of prostitution shall be liable to imprisonment for any period not
exceeding 2 years and in the case of a second or subsequent conviction the
Court may in addition to any term of imprisonment awarded order him to
be whipped in accordance with the law for the time being in force
regulating the punishment of offenders by whipping. (Amended by Act 9
of 1987.)

(2) For the purposes of subsection (1) a man who lives with or is habitually in
the company of a prostitute, or who exercises control, direction or
influence over a prostitute's movements in a way which shows he is
aiding, abetting or compelling her prostitution with others, shall be
presumed to be knowingly living on the earnings of prostitution, unless he
proves the contrary. (Inserted by Act 9 of 1987.)

(3) Every woman who for purposes of gain exercises control, direction or
influence over a prostitute's movements in a way which shows she is
aiding, abetting or compelling her prostitution is guilty of an offence and
is liable on summary conviction to a fine not exceeding $500 or to
imprisonment for any period not exceeding 2 years. (Inserted by Act 9 of
1987, Amended by Act 46 of 1988.)

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(4) Any person who in any public place solicits or importunes for immoral
purposes shall be liable to imprisonment for any period not exceeding 6
months. (Added by Act 11 of 1942.)

(5) Any male person who, whilst soliciting for an immoral purpose, in a
public place with intent to deceive any other person as to his true sex, has
on or about his person any article intended by him to represent that he is a
female or in any other way impersonates or represents himself to be a
female shall be guilty of an offence and shall upon conviction be liable to
a fine not exceeding $100 or to imprisonment for a period not exceeding
one year or to both such imprisonment and such fine. (Inserted by Act 19
of 1978.)

(6) A police officer may arrest without a warrant a person found committing
an offence under this section. (Inserted by Act 9 of 1987.)

82 Gaming houses.
(1) Every person who keeps a gaming house shall be liable to imprisonment

for any period not exceeding one year.

(2) A gaming house is a house, room or place of any kind whatever kept or
used as a place of resort for gaming.

(3) “Gaming” means the playing of any game of mere chance for money or
other stakes of any description whatever or the playing at any game of
mixed chance and skill for excessive stakes or otherwise to the injury of
public morals.

(4) Any person who acts as a person having the management or care of a
gaming house shall be deemed to be a keeper thereof whether he is in fact
a keeper thereof or not.

(5) The owner or occupier of any house, room or place who knowingly
permits the same to be used as a gaming house shall be deemed to be a
keeper thereof whether he is in fact a keeper thereof or not.

83 Games of mere chance.
Every person who plays for money or other stakes of any description whatever at
any game of mere chance shall be liable to a fine not exceeding $10 and in
default of payment thereof to imprisonment for any period not exceeding 2
months.

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84 Use of disguise.
Any person who without lawful excuse is found in any place disguised by the
blackening of his face by wearing a mask or by any other means whatsoever
shall be guilty of an offence and shall upon conviction be liable to a fine not
exceeding $100 or imprisonment not exceeding one year or to both such
imprisonment and such fine. (Added by Act 6 of 1952.)

PART IX. - OFFENCES AGAINST THE PERSON

85 Definition of homicide.
Homicide is the killing of a human being by any means whatsoever and is either
culpable or not culpable.

86 Definition of culpable homicide.
(1) Culpable homicide consists in the killing of any person either—

(a) by an unlawful act; or
(b) by omission without lawful excuse to perform or observe towards

such person any legal duty; or
(c) by the commission of an unlawful act combined with the omission

of a legal duty; or
(d) by causing a person through threats or fear of violence or through

deception to do an act which causes that person's death; or
(e) by wilfully frightening a child or sick person.

(2) Culpable homicide is either murder or manslaughter.

87 When culpable homicide amounts to murder.
(1) Culpable homicide is murder in any of the following cases—

(a) if the offender intended to cause the death of the person killed; or
(b) if the offender intended to cause to the person killed any bodily

injury which the offender knew was likely to cause death and was
reckless whether death ensued or not; or

(c) if the offender intending to cause the death of one person or
intending to inflict on one person bodily injury likely to cause death
and being reckless whether death ensues or not kills a different
person by accident or mistake although he does not mean to hurt the
person killed; or

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(d) if the offender for the purpose of accomplishing any unlawful
object does an act which he knows or ought to have known to be
likely to cause death and thereby kills any person even though he
may not have desired to hurt any person in order to effect his
object.

(2) Culpable homicide is also murder in each of the following cases whether
the offender does or does not know that death is likely to ensue—
(a) if he means to inflict grievous bodily injury for the purpose of

facilitating the commission of any of the offences mentioned in
subsection (3) of this section or for the purpose of facilitating the
flight of any person who has committed or attempted to commit any
of such offences and death ensues from such injury;

(b) if he administers any stupefying or overpowering thing for either of
the purposes mentioned in paragraph (a) of this subsection and
death ensues from the effects thereof;

(c) if he by any means wilfully stops the breath of any person for either
of the purposes mentioned in paragraph (a) of this subsection and
death ensues from such stoppage of the breath.

(3) The following are the offences referred to in paragraph (a) of subsection
(2) —

treason, escape or rescue from prison or lawful custody, resisting lawful
apprehension, murder, rape, abduction, robbery, housebreaking, arson.

88 When culpable homicide is manslaughter only.
A person who commits culpable homicide shall be deemed to be guilty of
manslaughter and not of murder if any of the following matters are proved on his
behalf; namely—

(a) that he was deprived of the power of self-control by such extreme
provocation given by the other person as is mentioned in section 89
hereof; or

(b) that he was justified in causing some harm to the other person, and
that in causing harm in excess of the harm he would have been
justified in causing, he acted from such terror of death or grievous
hurt as in fact deprived him for the time being of the power of self-
control; or

(c) that in causing the death he acted in the belief in good faith and on
reasonable grounds that he was under a legal duty to cause the
death or to do the act which he did.

(Amended by Act 13 of 1978.)

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89 What matters amount to extreme provocation.
The following matters may amount to extreme provocation to one person to
cause the death of another person namely—

(a) an unlawful assault committed upon the accused person by the
other person which was of such a kind either by reason of its
violence or of accompanying words, gestures or other
circumstances of aggravation as to be likely to deprive any person
of ordinary character being in the circumstances in which the
accused person was, of the power of self-control;

(b) the taking up by the other person at the beginning of an unlawful
fight of an attitude manifesting an intention of manifesting instantly
attacking the accused person with deadly or dangerous means or in
a deadly manner;

(c) an act of adultery committed in the view of the accused person with
or by his wife or her husband or the crime of unnatural carnal
knowledge committed in the view of the accused person upon his
wife or his or her child;

(d) a violent assault committed in the view or presence of the accused
person upon his or her wife, husband, child or parent or upon any
other person in the presence of and in the care or charge of the
accused person.

90 When extreme provocation will not avail.
(1) Notwithstanding proof on behalf of the accused person of any such matter

of extreme provocation as is mentioned in section 89 hereof, his crime
shall not be deemed to be thereby reduced to manslaughter if it appears
either from the evidence given on his behalf or on behalf of the
prosecution—
(a) that he was not in fact deprived of the power of self-control by the

provocation; or
(b) that he acted wholly or partly from a previous purpose to cause

death or harm or to engage in an unlawful fight whether or not he
would have acted on that purpose at the time or in the manner in
which he did act had it not been for the provocation; or

(c) that after the provocation was given and before he did the act which
caused the harm, such a time elapsed or such circumstances
occurred that a person of ordinary character might have recovered
his self-control; or

(d) that his act was in respect either of the instrument or means used or
of the brutal manner in which it was used, greatly in excess of the
measure in which a person of ordinary character would have been

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likely under the circumstances to be deprived of his self-control by
the provocation.

(2) Where the accused person in the course of a fight made use of any deadly
or dangerous means against an adversary who had not used or manifested
any intention of being about to use any such means against him, then if it
appears that the accused person purposed or prepared to use such means
before he had received any such blow or hurt in the fight as might be
sufficient provocation to use means of that kind, he shall be presumed to
have used the means from a previous purpose to cause death
notwithstanding that before the actual use of the means he may have
received any such blow or hurt in the fight as might amount to extreme
provocation.

91 Penalty for murder.
(1) Every person who commits murder shall be sentenced to death or to

imprisonment for life:

Provided that sentence of death shall not be pronounced on or recorded
against any person under the age of 15 years but in lieu of such
punishment the Court shall sentence such person to be detained during His
Majesty's pleasure and such person shall thereupon be liable to be
detained in such place and under such conditions as the Privy Council
may direct and whilst so detained shall be deemed to be in legal custody.

(2) Every person who attempts to commit murder shall be liable to
imprisonment for life or any less period.

92 Manslaughter.
Culpable homicide which does not amount to murder is manslaughter and if
such homicide was caused by negligence the offence is only manslaughter by
negligence.

93 Penalties for manslaughter.
Every person who commits manslaughter by negligence shall be liable to
imprisonment for any period not exceeding 10 years and every person who
commits manslaughter in any other way than by negligence shall be liable to
imprisonment for any period not exceeding 15 years.

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94 Person charged with manslaughter may be convicted of dangerous
driving.
When a person is charged with manslaughter in connection with the driving of a
motor vehicle by him and the court is of the opinion that he is not guilty of that
offence but that he is guilty of an offence under section 25 of the Traffic Act, he
may be convicted of that offence although he was not charged with it. (Act 5 of
1949, Amended by Act 13 of 1958.)

95 Omissions to perform a legal duty.
(1) Every person who undertakes whether by a legally binding contract or

otherwise to do any act the omission of which is or may be dangerous to
human life is under a legal duty to do that act and any death resulting from
the non-performance of any such act shall be deemed to be a death caused
by an omission to perform a legal duty within the meaning of section
86(1)(b).

(2) Every person having in any manner whatsoever the charge of any other
person unable by reason of detention, youth, old age, sickness, insanity or
any other cause to withdraw himself from such charge is under a legal
duty to supply such other person with the necessaries of health and life
and any death resulting from omission to do so shall be deemed to be a
death caused by an omission to perform a legal duty within the meaning
of section 86(1)(b).

(3) “Necessaries of health and life” includes proper food, clothing. shelter and
medical or surgical treatment.

(4) Every person who—
(a) has in his possession or under his control anything whatever

animate or inanimate which in the absence of precaution or care
may endanger human life, or

(b) erects, makes or maintains anything whatever which in the absence
of precaution or care may be dangerous to human life,

is under a legal duty to take reasonable precautions against and to use
reasonable care to prevent such danger to life and any death caused by the
omission to take such precaution or care shall be deemed to be a death
caused by an omission to perform a legal duty within the meaning of
section 86(1)(b).

Illustrations
Subsection (2). The parents or adoptive parent of a child: the gaoler
in charge of a prisoner: the person in charge of a lunatic, are all
alike under a legal duty to provide food and medical attendance for
the child or person under their care. If death ensues from failure to

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do so, it is a death caused by omission to perform a legal duty, and
if the failure to provide food or medical attendance was due to an
intention to cause death or bodily injury it will be murder, but if
otherwise the offence will be manslaughter by negligence only.
Subsection (4): paragraph (a). If a man for the purpose of unloading
his gun discharges it in a place where people are likely to pass and
kills somebody it is manslaughter by negligence, but if he knows
that people are actually passing at the time, and discharges the gun
with intent to do hurt and kills somebody it will be murder.

96 When death deemed to have been caused by an act or omission.
A person's death shall be held to have been caused by an act or omission—

(a) if by reason of such act or omission the death of the person has
happened otherwise or sooner by however short a time than it
would have happened but for the act or omission; or

(b) although the act or omission would not have caused the person's
death but for his infancy, old age, disease, intoxication or other
state of body or mind at the time of the occurrence of the act or
omission; or

(c) although the act or omission would not have caused the person's
death but for his refusal or neglect to submit to or seek proper
medical or surgical treatment or but for his negligent or improper
conduct or manner of living, or

(d) although the person's death was caused by the medical or surgical
treatment administered to him unless such treatment amounts to
murder or manslaughter.

97 Indirect cause of death.
Any person whose act or omission results in the death of another person shall be
deemed to have caused his death notwithstanding the fact that the immediate
cause of death was the act or omission of some third person or some other
independent intervening event.

Illustration

A secretly drops some poison into the medicine of C as invalid. C's nurse
of 'Ignorance of A's act gives C the medicine and C dies of the poison. A
is guilty of causing C's death although the immediate cause of death was
the nurse's administration of the medicine to C.

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98 When child is a person in being.
(1) In order that a child may be such a person that causing its death will

amount to murder or manslaughter it is necessary that before its death the
child should have been completely brought forth alive from the body of its
mother and have had an independent circulation but not that it should have
been detached from the mother by severance of the umbilical cord.

(2) It is murder or manslaughter as the case may be to cause death to happen
to a child after it becomes a person within the meaning of this section by
means of harm caused to it before it became such a person.

99 Infanticide.
(1) Where a woman by any wilful act or omission causes the death of her

child being a child under the age of 12 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
notwithstanding that the circumstances were such that but for this section
the offence would have amounted to murder she shall be guilty of an
offence to which 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. (Amended by Act 9 of 1987)

(2) Where upon the trial of a woman for the murder of her child being a child
under the age of 12 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
notwithstanding that the circumstances were such that but for the
provisions of this section they might have returned a verdict of murder
return in lieu thereof a verdict of infanticide.

(3) Nothing in this section shall affect the power of the jury upon a trial for
the murder of a newly-born child to return a verdict of manslaughter or a
verdict of guilty but insane or a verdict of concealment of birth in
pursuance of section 102 of this Act except that for the purposes of the
proviso to that section a child shall be deemed to have recently been born
if it had been born within 12 months before its death. (Added by Act 7
of 1939.)

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100 Suicide.
Every person who attempts to commit suicide shall be liable to imprisonment for
any period not exceeding 3 years.

101 Inciting to commit suicide.
Every person shall be liable to imprisonment for life or any less period who—

(a) incites another person to commit suicide if such other person
actually commits suicide in consequence thereof; or

(b) assists any person in committing suicide.

102 Concealment of birth.
If any woman shall be delivered of a child, every person who shall by any secret
disposition of the dead body of the said child whether such child died before at
or after its birth endeavour to conceal the birth thereof shall be guilty of an
offence and being convicted thereof shall be liable at the discretion of the court
to be imprisoned for any term not exceeding 3 years:

Provided that if any person tried for the murder of any child shall be acquitted
thereof, it shall be lawful for the jury by whose verdict such person shall be
acquitted to find in case it shall so appear in evidence that the child had recently
been born and that such person did by some secret disposition of the dead body
of such child endeavour to conceal the birth thereof and thereupon the court may
pass such sentence as if such person had been convicted for the concealment of
the birth. (Substituted by Act 15 of 1935.)

103 Procuring miscarriage of woman or girl.
Every person who with intent to procure the miscarriage of any woman or girl—

(a) administers to or causes to be taken by her any drug or other
noxious thing; or

(b) unlawfully uses any instrument or other means whatever,

shall be liable to imprisonment for any period not exceeding 7 years.

104 Woman or girl procuring her own miscarriage.
Every woman or girl who whether with child or not administers to herself or
permits to be administered to her any drug or other noxious thing or uses on
herself or permits to be unlawfully used on her any instrument or other means
whatsoever with intent to procure miscarriage shall be liable to imprisonment for
any period not exceeding 3 years.

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105 Supplying means of miscarriage.
Every person who supplies or procures any drug or other noxious thing or any
instrument knowing that the same is to be unlawfully used for the purpose of
procuring miscarriage of any woman or girl shall be liable to imprisonment for
any period not exceeding 4 years.

106 Grievous bodily harm.
(1) Every person who wilfully and without lawful justification causes

grievous harm to any person in any manner or by any means whatsoever
shall be liable to imprisonment for any period not exceeding 10 years.

(2) “Grievous harm” means—
(a) any harm endangering life; or
(b) the destruction or permanent disabling of any external or internal

organ, member or sense; or
(c) any severe wound; or
(d) any grave permanent disfigurement.

107 Bodily harm.
(1) Every person who wilfully and without lawful justification causes harm to

any person in any manner or by any means whatsoever shall be liable to
imprisonment for any period not exceeding 5 years.

(2) “Harm” for the purposes of this section means—
(a) any injury which seriously or permanently injures health or is likely

so to injure health; or
(b) any injury involving serious damage to any external or internal

organ, member or sense short of permanent disablement; or
(c) any wound which is not severe; or
(d) any permanent disfigurement which is not a serious nature.

108 Attempt to intimidate.
Every person who with intent to intimidate or annoy any person—

(a) breaks or injures in any manner whatsoever or threatens to break or
injury any dwelling-house, or

(b) alarms or attempts to alarm any person in any dwelling-house by
the discharge of firearms,

shall be liable to imprisonment for any period not exceeding 5 years.

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109 Discharging firearm with intent to intimidate, etc.
Every person who with intent to intimidate or annoy discharges a firearm near
any other person shall be liable to imprisonment not exceeding 5 years. (Added
by Act 7 of 1962.)

110 Exploding dynamite, etc., with intent to intimidate, etc.
Every person who explodes dynamite or other substance anywhere with intent to
intimidate or annoy any other person shall be liable to imprisonment not
exceeding 5 years. (Added by Act 7 of 1962.)

111 Threatening documents.
Every person who with knowledge of its contents sends or causes to be received
any document containing any threat to kill or containing any threat to kill or do
bodily harm to any person or to damage any property shall be liable to
imprisonment for any period not exceeding 5 years.

112 Common assault.
Every person who wilfully and without lawful justification—

(a) strikes at or actually hits another person with his hand or with
anything held therein, or

(b) seizes or tears the clothes of another person, or
(c) pushes, kicks or butts another person, or
(d) spits or throws liquid or any substance on or at another person, or
(e) sets a dog on another person,

is guilty of an offence and is liable on summary conviction to a fine not
exceeding $500 or in default of payment thereof to imprisonment for any period
not exceeding one year. (Inserted by Act 9 of 1987 and Amended by Act 46 of
1988.)

113 Assault, obstruction.
Every person who—

(a) assaults any person with intent to commit an offence, or to resist or
prevent the lawful apprehension or detention of himself or of any
other person, or to rescue any person from lawful custody;

(b) assaults, obstructs or resists any police officer acting in the
execution of his duty or any person in aid of that officer; or

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(c) assaults, obstructs or resists any person acting in the lawful
execution of any process against any property or with intent to
rescue any movable property taken under that process or under any
lawful distress,

is guilty of an offence and is liable on summary conviction to a fine not
exceeding $500 or to imprisonment for any period not exceeding one year or to
both. (Inserted by Act 9 of 1987 and Amended by Act 46 of 1988.)

114 Unlawful imprisonment.
Every person who shall unlawfully imprison or detain another person shall be
liable to a fine not exceeding $500 and in default of payment thereof to
imprisonment for any period not exceeding one year. (Amended by Act 9 of 1987
and Amended by Act 46 of 1988.)

115 Cruelty to children and young persons.
(1) If any person over the age of 16 years, who has the custody, charge, or

care of any child or young person, wilfully assaults, ill-treats, neglects,
abandons, or exposes such child or young person, or causes or procures
such child or young person to be assaulted, ill-treated, neglected,
abandoned, or exposed, in a manner likely to cause such child or young
person unnecessary suffering or injury to his health (including injury to or
loss of sight, or hearing, or limb, or organ of the body, and any mental
derangement), that person shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding $1000, or alternatively, or in default
of payment of such fine, or in addition thereto, to imprisonment for any
term not exceeding 3 years; and for the purpose of this section a parent or
other person legally liable to maintain a child or young person shall be
deemed to have neglected him in a manner likely to cause injury to his
health if he fails to provide adequate food, clothing, medical aid, or
lodging for the child or young person. (Amended by Act 9 of 1987.)

(2) A person may be convicted of an offence under this section,
notwithstanding that actual suffering or injury to health, or the likelihood
of such suffering or injury to health, was obviated by the action of another
person.

(3) A person may be convicted of an offence under this section,
notwithstanding the death of the child or young person in respect of whom
the offence is committed.

(4) Upon the trial of any person over the age of 16 for the manslaughter of a
child or young person of whom he had the custody, charge or care, it shall
be lawful for the jury, if they are satisfied that the accused is guilty of an

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offence under this section in respect of such child or young person, to find
the accused guilty of such offence.

(5) If it is proved that a person convicted under this section was directly or
indirectly interested in any sum of money accruable or payable in the
event of the death of the child or young person, and had knowledge that
such sum of money was accruing or becoming payable, then the Court
may in its discretion either increase the amount of the fine under this
section so that the fine does not exceed $2000 or, in lieu of awarding any
other penalty under this section, sentence the person to imprisonment for
any term not exceeding 5 years. (Amended by Act 9 of 1987.)

(6) A person shall be deemed to be directly or indirectly interested in a sum of
money under this section, if he has any share in or any benefit from the
payment of that money, though he is not a person to whom it is legally
payable.

(7) A copy of a policy of insurance, certified by an officer or agent of the
insurance company granting the policy, to be a true copy, shall in any
proceedings under this section be prima facie evidence that the child or
young person therein stated to be insured has been in fact so insured, and
that the person in whose favour the policy has been granted is the person
to whom the money thereby insured is legally payable.

(8) For the purposes of this section—
(a) the expression “child” means a person under the age of 14 years;
(b) the expression “young person” means a person who is 14 years of

age or upwards and under the age of 16 years. (Added by Act 12 of
1957.)

116 Enticing or taking away children.
(1) Every person who with intent to deprive any parent or other person having

the lawful charge of any child under the age of 14 years of the possession
of such child unlawfully—
(a) takes or entices away or detains such child, or
(b) receives such child knowing it to have been so taken or enticed

away as aforesaid,

shall be liable to imprisonment for any period not exceeding 5 years.

(2) Nothing in subsection (1) contained shall render liable to prosecution on
account of getting possession of any such child as is mentioned therein
any person claiming in good faith a right to the possession of such child
nor any person being the mother of an illegitimate child.

Illustration

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Sub-section (2). A mother believing in good faith but mistakenly
that she has the right to the custody of her child under an agreement
with its father who is her husband takes it away from the father. She
is not guilty of offending against this section.

117 Enticing woman to desert husband.
Every person who entices any married women to desert her husband shall be
liable to a fine not exceeding $500 and in default of payment thereof to
imprisonment for any period not exceeding 12 months. (Amended by Act 9 of
1987.)

118 Rape.
(1) Any person committing rape that is to say any person who carnally knows

any female—
(a) against her will, or
(b) being aware that she is in a state of insensibility (whether due to

sleep, intoxication or any other cause), or
(c) being aware that she is feeble minded, insane or is an idiot or

imbecile as to be incapable of giving or refusing consent; or
(Substituted by Act 9 of 1987.)

(d) by personating her husband, or
(e) by reason of her consent to such carnal knowledge having been

given under fear of death or serious injury,

shall be liable to imprisonment for any term not exceeding 15 years.

(2) Sexual intercourse by a man with his wife shall not be deemed rape unless
consent to such sexual intercourse has been withdrawn through process of
law. (Inserted by Act 9 of 1987.)

(3) For purposes of sub-section (1) a man commits rape if at the time of
sexual intercourse with a woman he knows that she does not consent to
the intercourse or he is reckless as to whether she consents to it. (Inserted
by Act 9 of 1987.)

(4) It is hereby declared that if at a trial for a rape offence the jury has to
consider whether a man believed that a woman was consenting to sexual
intercourse, the presence or absence of reasonable grounds for such a
belief is a matter for which the jury is to have regard in conjunction with
any other relevant matters in considering whether he so believes. (Inserted
by Act 9 of 1987.)

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(5) A prosecution may be instituted against a woman as an aider and abetter
in respect of an offence under sub-section (1). (Inserted by Act 9 of 1987.)

119 Order restricting publication.
(1) Where an accused is charged with an offence mentioned in section 118,

the presiding Judge or Magistrate may, or if application therefore is made
by the complainant or the Prosecutor, shall, make an order directing that
the identity of the complainant and her evidence taken in the proceedings
shall not be published in the Kingdom in a written publication available to
the public or be broadcast in the Kingdom.

(2) The presiding Judge or Magistrate shall, at the first reasonable
opportunity, advise the complainant of her right to make an application for
an order under subsection (1). (Inserted by Act 9 of 1987.)

120 Attempted rape.
Any person who attempts to carnally know any female under any of the
circumstances enumerated in clauses (a) to (e) of section 118 shall be liable to
imprisonment for any term not exceeding 10 years.

121 Carnal knowledge of girl.
Any person who carnally knows any girl under the age of 12 years shall be liable
on conviction thereof to imprisonment for any period not exceeding life.

122 Attempt to have carnal knowledge.
Any person who attempts to have carnal knowledge of a girl under the age of 12
years shall be liable on conviction thereof to imprisonment for any term not
exceeding 10 years.

123 Belief as to age no defence.
It shall be no defence to any charge under section 121 or 122 to prove that the
girl consented to the act or that the person reasonably believed that the girl was
of or above the age of 12 years.

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124 Indecent assault.
(1) Any person who shall commit an indecent assault on any female shall be

liable on conviction thereof to imprisonment for any term not exceeding 2
years.

(2) A girl under the age of 16 years cannot in law give any consent which
would prevent an act being an indecent assault for the purposes of this
section. (Inserted by Act 9 of 1987.)

(3) A woman who is feeble minded, insane or an idiot or imbecile cannot in
law give any consent which would prevent an act being an indecent
assault for the purposes of this section, but a person is only to be treated as
guilty of an indecent assault on such woman by reason of that incapacity
to consent, if that person knew or had reason to suspect her to be feeble
minded, insane or an idiot or imbecile. (Inserted by Act 9 of 1987.)

125 Indecent assault on child.
(1) Any person who shall commit an indecent assault on any child under the

age of 12 years shall be liable on conviction thereof to imprisonment for
any term not exceeding 5 years.

Consent no defence.

(2) It shall be no defence to any prosecution for an indecent assault on a child
under the age of 12 years to prove that he or she consented to the act of
indecency.

126 Procuring the defilement of females.
Any person who—

(a) procures or attempts to procure any girl or any woman under 21
years of age to have unlawful carnal connection either within or
without the Kingdom with any person or persons, or (Amended by
Act 9 of 1987.)

(b) procures or attempts to procure any woman or girl to leave her
usual place of abode in the Kingdom with intent that she may
become an inmate of or frequent a brothel within or without the
Kingdom,

shall be liable to imprisonment for any term not exceeding 5 years:

Provided that no person shall be convicted of any offence under this section
upon the evidence of one witness only unless such witness be corroborated in
some material particular by evidence implicating the accused.

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127 Procuring defilement of females by threats, etc.
(1) Any person who—

(a) by threats or intimidation, or

(b) by false pretences of fact, or
(c) by means of the application or administration of any drug or other

substance to any woman or girl,

procures or attempts to procure any woman or girl to have any unlawful
carnal connection with any person or persons whether within or without
the Kingdom shall be liable to imprisonment for any term not exceeding 4
years:

Provided that no person shall be convicted of an offence under this section
upon the evidence of one witness only unless such witness be
corroborated in some material particular by evidence implicating the
accused.

128 Abduction of women.
Any person who shall by force take away or detain any woman of any age with
intent to marry or carnally know her or to cause her to be married or carnally
known by any other person shall on conviction thereof be liable to imprisonment
for any term not exceeding 7 years.

129 Abduction of girls.
(1) Any person who shall take or cause to be taken any girl being under the

age of 14 years out of the possession, and against the will, of her father or
mother or any other person having the lawful charge of her, shall be liable
on conviction thereof to imprisonment for any term not exceeding 5 years.

(2) It shall be no defence to any prosecution brought under this section to
prove that the girl consented to being so taken or that the accused was told
or reasonably believed the girl to be of or above the age of 14 years.

130 Juvenile offender may be whipped.
In the case of any male person convicted of an offence against any of the
provisions of sections 118 to 129 (both inclusive) of this Act the Court, if the
age of such offender does not exceed 16 years, may instead of sentencing him to
imprisonment order him to be whipped in accordance with the law for the time
being in force regulating the punishment of offenders by whipping. (Amended by
Act 9 of 1987.)

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131 Offender charged with rape may be convicted of indecent assault,
etc.
If upon the trial of any person for rape or for unlawfully carnally knowing a girl
under the age of 12 years, the jury shall be satisfied that the defendant is guilty
of an offence under either section 124, 125 or 127, but are not satisfied that the
defendant is guilty of the offence charged against him or of an attempt to
commit the same, the jury may acquit the defendant of the offence charged and
may find him guilty of the offence under either section 124, 125 or 127, as the
case may be, and the defendant shall be liable to the same punishment as if he
had been originally charged and convicted of an offence against such section.

132 Incest by male person.
(1) Any male person who has carnal knowledge of a female person who is to

his knowledge his granddaughter, daughter, sister, mother, aunt, mother's
sister's daughter, father's sister's daughter, father's brother's daughter, or
niece shall be liable to imprisonment for any term not exceeding 10 years.
(Amended by Act 15 of 1935.)

(2) It is immaterial that the carnal intercourse was held with the consent of the
female person.

(3) If any male person attempts to commit any such offence as aforesaid he
shall be liable to imprisonment for any term not exceeding 7 years.

(4) On a person's conviction of an offence under this section against a girl
under the age of 21 or of attempting to commit such offence, the Court
may by order divest him of all authority over her. (Inserted by Act 9 of
1987.)

(5) An order divesting a person of authority over a girl under subsection (4)
may, if he is her guardian, remove him from the guardianship. (Inserted
by Act 9 of 1987.)

(6) An order under this section may appoint a person to be the girl's guardian
during her minority or any less period. (Inserted by Act 9 of 1987.)

(7) An order under this section may be varied from time to time or be
rescinded by the Supreme Court. (Inserted by Act 9 of 1987.)

133 Incest by female person.
Any female person of or above the age of 18 years who consents to her
grandfather, father, brother, son, uncle, father's mother's son, mother's brother's
son, mother's sister's son, or nephew having carnal knowledge of her (knowing
him to be her grandfather, father, brother, son, uncle, father's mother's son,
mother's brother's son, mother's sister's son or nephew, as the case may be) shall

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be liable to imprisonment for any term not exceeding 10 years. (Amended by
Acts 15 of 1935 and 9 of 1987.)

134 Definition of relationship.
In sections 132 and 133 the expressions “brother”, “sister”, “nephew” and
“niece” shall respectively include half-brother, half-sister, half-nephew and half-
niece.

135 On charge of incest accused may be convicted of rape, etc.
(1) If on the trial of any person for any offence against section 132 the jury

are satisfied that the defendant is not guilty of that offence but is guilty of
the offence of rape or attempted rape, the jury may acquit the defendant of
that offence and find him guilty of rape or attempted rape and he shall be
liable to be punished accordingly.

(2) If on the trial of any person for rape or attempted rape, the jury are
satisfied that the defendant is guilty of an offence against section 132 but
are not satisfied that the defendant is guilty of rape or attempted rape, the
jury may acquit the defendant of the charge of rape or attempted rape and
find him guilty of an offence against section 132 and he shall be liable to
be punished accordingly.

136 Sodomy and bestiality.
Whoever shall be convicted of the crime of sodomy with another person or
bestiality with any animal shall be liable at the discretion of the Court to be
imprisoned for any period not exceeding ten years and such animal shall be
killed by a public officer. (Substituted by Act 9 of 1987.)

137 Assault with intent to commit sodomy.
It is an offence for a person to assault another person with intent to commit
sodomy. (Inserted by Act 9 of 1987.)

138 Indecent assault on man.
It is an offence for a person to make an indecent assault on a man. (Inserted by
Act 9 of 1987.)

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139 Attempted sodomy, indecent assault upon a male.
Whoever shall attempt to commit the said abominable crime of sodomy or shall
be guilty of an assault with intent to commit the same or of any indecent assault
upon any male person shall be liable at the direction of the Court to
imprisonment for any term not exceeding 10 years.

140 Evidence.
On the trial of any person upon a charge of sodomy or carnal knowledge it shall
not be necessary to prove the actual emission of seed but the offence shall be
deemed complete on proof of penetration only.

141 Proceedings in camera.
All proceedings under sections 116 to 134 (both inclusive) whether in the
Magistrates' Courts or in the Supreme Court may be held in camera.

142 Whipping for certain offences.
Whenever any male person shall be convicted of any offence against sections
106, 107, 115, 118, 121, 122, 125, 132, 136 and 139 of this Act the Court may,
in its discretion in lieu of or in addition to any sentence of imprisonment
authorised under this Act order the person so convicted to be whipped in
accordance with the provisions of section 31 of this Act. (Substituted by Act 9 of
1987.)

PART X. - OFFENCES AGAINST PROPERTY

143 Definition of theft.
Theft is the dishonest taking without any colour of right of anything (which by
section 144 is declared capable of being stolen) with intent either—

(a) to deprive the owner permanently of such thing, or
(b) to deprive any other person permanently of any lawful interest

possessed by him in such thing,

and with the intention of converting such thing to the use of any other person
without the consent of the owner or person possessing such interest therein as
aforesaid. “theft” and “steal” shall be construed accordingly. (Amended by Act 9
of 1987.)

Explanations

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If the article which the defendant is charged with stealing was taken by
him either by mistake or in the honest belief that he had a right to it or
with the full intention of returning it to its owner the defendant cannot be
convicted of theft.

If the thing alleged to have been stolen was not moved by the defendant in
the slightest degree from its place the offence does not amount to theft.
Thus if A while opening a box to steal money contained in it and before
moving any money from its place in the box becomes aware that he is
being watched and desists and runs away he cannot be convicted of theft
but may be convicted of attempted theft. If however A had taken some of
the money out of the box and put it beside him on the floor he could be
convicted of theft of that amount.

144 Things capable of being stolen.
(1) Every animate thing which is the property of any person is capable of

being stolen.

(2) Every inanimate thing which is the property of any person is capable of
being stolen:

Provided that—
(a) it is moveable; or
(b) it is capable of being made moveable and has been made moveable

even though it has been made moveable only in order to steal it.

Explanations
A horse dog or fowl is capable of being stolen by reason of
subsection one.
Money, a boat or coconuts lying on the ground are capable of being
stolen by reason of subsection 2 paragraph (a). Coconuts growing
on a tree, yams growing in the ground are capable of being stolen
under subsection 2 paragraph (b) as soon as the coconuts are
detached from the tree or the yams are dug up even though the
detaching or digging was done by the thief in order to steal them.

145 Punishment for theft.
Every person who commits theft is liable—

(a) if the value of the thing stolen does not exceed $500 to
imprisonment for any period not exceeding 2 years; (Amended by
Acts 13 of 1943, 13 of 1969 and 26 of 1984.)

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(b) if the value of the thing stolen exceeds $500 to imprisonment for
any period not exceeding 7 years. (Amended by Acts 13 of 1969 and
26 of 1984.)

146 Whipping upon conviction in certain cases.
Whenever upon the conviction of any male person for theft or for any offence
against sections 154, 155 and 173, the Court may, in its discretion, in addition to
any sentence of imprisonment authorised under this Act, order the person so
convicted to be whipped in accordance with the provisions of section 31 hereof.
(Substituted by Act 9 of 1987.)

147 Taking things according to Tongan custom.
Every Tongan who following the former Tongan custom takes anything capable
of being stolen belonging to any of his relatives without the permission of its
owner and with intent to deprive such owner permanently of such thing shall be
liable to the same punishment as if he had committed theft.

148 Receiving.
(1) Any person who receives any property knowing or believing it to have

been stolen or obtained in any way whatsoever under circumstances which
amount to a criminal offence is guilty of an offence and is liable to the
same punishment as if he had committed theft. (Amended by Act 46 of
1988.)

(2) Any person who receives any mail bag or any postal packet or any chattel
or money or valuable security, the stealing or taking or embezzling or
secreting whereof amounts to an offence under the Post Office Act or this
Act, knowing or believing the same to have .been unlawfully stolen,
taken, embezzled or secreted, and to have been sent or to have been
intended to be sent by post, is guilty of an offence and is liable to the same
punishment as if he had committed theft.

(3) Any person mentioned in subsection (1) may be indicted and convicted
whether the principal offender has or has not been previously convicted,
or is not amenable to justice.

(4) Any person who, without lawful excuse, knowing or believing the same to
have been stolen or obtained in any way whatsoever under such
circumstances that if the act had been committed in the Kingdom the
person committing it would have been guilty of an offence, receives or
has in his possession any property so stolen or obtained outside the
Kingdom is guilty of an offence and is liable to the same punishment as if
he had committed theft.

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(5) For the purposes of this section and of any other written law relating to
receivers or receiving, a person shall be treated as receiving property if he
dishonestly undertakes or assists in its retention, removal, disposal or
realisation, or if he arranges to do so. (Substituted by Act 9 of 1987.)

149 Summons charging theft may also contain charge of receiving.
It shall be lawful to insert in any summons charging theft a charge of receiving
the stolen property or any part thereof knowing or believing the same to have
been stolen and it shall be lawful for the court by whom such charges are tried to
adjudge the defendant guilty either of stealing the property or of receiving the
same or any part thereof knowing or believing it to have been stolen. (Amended
by Act 13 of 1978.)

150 Person may be charged with other acts of theft against same
person.
In the case of any person intended to be tried in the Supreme Court for theft, it
shall be lawful to charge the offender by summons at the preliminary inquiry in
the Magistrate's Court with any number of distinct acts of theft not exceeding 5
which have been committed against the same person within the space of 6
months from the first to the last of such acts, and to try the offender in the
Supreme Court (if committed thereto for trial) either upon all or any of such
charges.

151 Finding of lost property: duty of finder.
(1) Every person who takes possession of anything which appears to be of

some value and to have been lost by another person, shall within 24 hours
after taking possession of it deliver it to the owner if he be known and
where the owner is unknown the thing so found shall be delivered to the
district officer or town officer of the town in which the finder is residing
or to the police. Any person failing to obey the provisions of this
subsection shall be liable to imprisonment for any period not exceeding 3
months. (Amended by Act 9 of 1958.)

Duty of District Officer.

(2) Every District Officer upon delivery to him of any article which has been
found shall cause the finding thereof to be proclaimed and if upon such
proclamation being made the owner is not discovered the District Officer
shall notify the police of the finding. If the owner is discovered within one
month from the date of such notification to the police the District Officer
shall deliver the thing found to him upon his paying the finder one-tenth
of its apparent value. If the police fail to discover the owner within one

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month after receiving such notification as aforesaid the District Officer
shall re-deliver the thing found to the finder and it shall become his
absolute property. (Amended by Act 9 of 1987.)

(3) Nothing in this section shall exempt a person from liability to punishment
for stealing or receiving property knowing or believing it to have been
stolen if his action amounts to either of such offences. (Amended by Act
13 of 1978.)

152 Explanation as to stealing of thing found.
A person who takes possession of a thing which appears to have been lost by
another person is not guilty of stealing unless—

(a) at the time of taking possession he knows who is the owner of the
thing or by whom it has been lost; or

(b) the character or situation of the thing or any marks on it or any
other circumstances is or are such as to afford some indication as to
who is the owner of the thing or the person by whom it was lost; or

(c) it appears that the thing was not in fact lost but merely mislaid by
being left by mistake in some place to which the owner would
naturally return for it.
Illustrations

A finds in the street a pocket book containing treasury notes,
the owner's name being inscribed on the pocket book. A will
be guilty of theft if he appropriates the pocket book or the
treasury notes.
A after purchasing goods in B's shop leaves his purse by
mistake on the counter and goes away. B will be guilty of
theft if he appropriates the purse.

153 Possession of stolen property.
(1) It shall be lawful for any member of the police force to stop and detain

any person he may meet carrying any article or articles for the purpose of
ascertaining who the person is and the nature of the articles in his
possession, and in case such police officer suspects that the articles have
been improperly come by and the person in possession thereof fails to
give a satisfactory account of himself and of how such articles were come
by, such person may be conveyed to the police station and interrogated by
the officer-in-charge.

(2) It shall be lawful for such officer-in-charge as aforesaid to cause a
summons to be issued in the Magistrate's Court against such person
charging him with having in his possession or conveying in any manner

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anything which is reasonably suspected of being stolen or unlawfully
obtained and, if such person fails to give an account to the satisfaction of
the magistrate as to how he came by the same, he shall be liable to
imprisonment for any period not exceeding 3 months.

(3) Where any person so charged as aforesaid declares to the Court that he
received the articles in respect of which the charge is brought from some
other person, or that he was employed as an agent or servant, or to convey
the same for some other person, the magistrate shall if practicable cause to
be brought before him every such other person and if necessary any other
person through whose possession such articles have passed, and shall
examine witnesses on oath in regard thereto, and if it appears to the
magistrate that any person so brought before him has had possession of
such articles and had reasonable cause to believe the same to have been
stolen or unlawfully obtained, every such person shall be liable to
imprisonment for any period not exceeding 3 months.

154 Robbery.
(1) Robbery is the taking of anything capable of being stolen by using

violence or threats of injury to the owner or person in lawful possession of
the thing taken or to any property of his so as to put him in fear and
thereby overcome his opposition to the taking.

(2) Every person who commits robbery shall be liable to imprisonment for
any period not exceeding 10 years.

155 Assault with intent to rob.
Every person who shall assault any person with intent to commit robbery shall
be liable to imprisonment for any period not exceeding 10 years. (Amended by
Act 9 of 1987.)

156 Extortion.
Every person who—

(a) with intent to extort or gain anything from any person accuses,
threatens to accuse, or threatens to cause to be accused of a criminal
offence the person to whom such accusation or threat is made or
any other person, or

(b) knowing that a document contains such an accusation or threat as is
mentioned in paragraph (a), causes such document to be received
by any person,

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shall be liable to imprisonment for any period not exceeding 10 years. (Amended
by Act 9 of 1987.)

157 Demanding property with menaces.
Every person who with menaces demands from any person either for himself or
for any other person anything capable of being stolen, with intent to steal it, shall
be liable to imprisonment for any period not exceeding 10 years. (Amended by
Act 9 of 1987.)

158 Embezzlement.
Every person employed as or acting in the capacity of a clerk or servant who
shall fraudulently convert to his own use or benefit or to the use or benefit of any
other person any money, valuable security or property of any description
whatever or any part thereof which was delivered to or received by him on
behalf of his master or employer shall be liable to imprisonment for any period
not exceeding 7 years:

Provided that this section shall not apply to persons in the public service of the
Kingdom.

159 Falsification of accounts.
Every person employed as or acting in the capacity of a clerk, officer or servant
and whether in the service of the Government or of a private employer who
wilfully and with intent to defraud—

(a) destroys, alters or falsifies any book, valuable security, account or
document which belongs to his employer, or

(b) makes or concurs in making any false entry in any such book or
document, or

(c) omits or alters or concurs in omitting or altering any material
particular in any such book or document,

shall be liable to imprisonment for any period not exceeding 7 years.

160 Person may be charged with other acts of embezzlement, etc.
In the case of any person intended to be tried in the Supreme Court for
embezzlement, falsification of accounts or fraudulent conversion respectively it
shall be lawful to charge the offender by summons at the preliminary inquiry in
the Magistrate's Court with any number of distinct acts of embezzlement,
falsification or fraudulent conversion respectively not exceeding 5 which have
been committed against the same person within the space of 6 months from the

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first to the last of such acts and to try the offender in the Supreme Court (if
committed thereto for trial) either upon all or any of such charges.

161 Person charged with embezzlement or fraudulent conversion may
be convicted of theft and vice versa.
Where on the trial in the Supreme Court of any person charged with
embezzlement or fraudulent conversion, it appears from the evidence that the
offence committed by such person in reference to the property in respect of
which the prosecution has been brought was theft, or where on the trial in the
Supreme Court of any person charged with theft it appears that the offence
committed in regard to the property mentioned in the summons was that of
embezzlement or fraudulent conversion, the defendant shall not in either
instance be entitled to be acquitted, but in the former case the jury may return as
their verdict that the defendant is not guilty of embezzlement or fraudulent
conversion of property but is guilty of theft, and in the latter case that the
defendant is not guilty of theft but is guilty of embezzlement or fraudulent
conversion as the case may be; and thereupon the defendant shall in either case
be liable to the same punishment as if he had been prosecuted and convicted for
committing the offence of which the jury have found him guilty.

162 Fraudulent conversion of property.
Every person who—

(a) having had delivered to him anything capable of being stolen on
loan or on hire or in order that he may do any work upon such
thing, or

(b) being entrusted with anything capable of being stolen in order that
he may retain the same in safe custody or apply, pay or deliver for
any purpose or to any person such thing or any part thereof or any
proceeds thereof, or

(c) having received for or on account of any other person anything
capable of being stolen, fraudulently converts to his own use or
benefit or to the use or benefit of any other person such thing or any
part thereof or any proceeds thereof, shall be liable to imprisonment
for any period not exceeding 7 years.

163 Fraudulent conversion by trustee.
Every person who as a trustee, executor, administrator, co-owner or member of a
partnership has or acquires a lawful interest in any money, goods, valuable
security or other thing capable of being stolen, and fraudulently converts such
money, goods, security or other thing or any part thereof or proceeds thereof to

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his own use or benefit or to the use or benefit of any person not beneficially
entitled thereto, shall be liable to imprisonment for any period not exceeding 7
years.

164 Obtaining by false pretences.
Every person who by any false pretence obtains for himself or for any other
person any money, valuable security or other thing whatever shall be liable to
the same punishment as if he had committed theft.

165 Obtaining execution of security.
Every person who by any false pretence causes or induces any person to execute,
make, accept, endorse or destroy the whole or any part of any valuable security
shall be liable to imprisonment for any period not exceeding 4 years.

166 Obtaining credit by false pretences.
Every person who in incurring any debt or liability obtains credit by means of
any false pretence or any fraud shall be liable to imprisonment for any period not
exceeding one year.

167 Obtaining goods by unauthorised use of employer's name.
Every person who being employed as agent for another person obtains any
goods on credit by using his employer's name without such employer's consent
shall be liable to imprisonment for any period not exceeding 5 years.

168 Obtaining goods on relative's account.
Every person who obtains any goods on credit by having them charged to the
account of a relative without such relative's consent shall be liable to
imprisonment for any period not exceeding 5 years. (Amended by Act 13 of
1978.)

169 False pretences as to documents.
Every person who procures the execution of any document by any person
pretending that the contents thereof are different from what they really are shall
be liable to imprisonment for any period not exceeding 5 years.

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170 Forgery.
(1) Forgery is the making of a false document with intent to defraud or

deceive any person whether ascertained or unascertained.

(2) Making of a false document includes—
(a) the making of any material alteration in a genuine document

whether by erasure, obliteration or otherwise;
(b) the making of any material addition to a genuine document whether

by adding a false date, attestation, seal or other matter that is
material.

(3) A false document is—
(a) a document the whole or some material part of which purports to be

made by or on behalf of any person who did not either make or
authorize the making thereof or which, though in fact made by or
by the authority of the person by whom it purports to be made, has
its place or date of making falsely stated where either is material; or

(b) a document the whole or some material part of which purports to be
made by or on behalf of some person who never in fact existed; or

(c) a document made in the name of an existing person either by that
person or by his authority with the intention that the document shall
pass as being made by some person real or fictitious other than the
person who makes or authorizes it.

(4) Forgery is complete if the false document is so made and is such as to
show that it was intended to be acted on as genuine even though it may be
incomplete or may not purport to be such a document as would be valid in
law.

171 Punishment for forgery.
Every person who commits forgery shall be liable to imprisonment for any
period not exceeding 7 years.

172 Knowingly dealing with forged documents.
Every person who knowing a document to be forged uses, deals with or acts
upon it or attempts to use deal with or act upon it or causes or attempts to cause
any person to use, deal with or act upon it as if it were genuine shall be liable to
imprisonment for any period not exceeding 5 years and it is immaterial whether
such document was forged in Tonga or elsewhere.

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173 House- breaking.
(1) A person is guilty of housebreaking if—

(a) he enters any building or part of a building as a trespasser and with
intent to commit any crime; or

(b) having entered any building or part of a building as a trespasser he
committed or attempted to commit any crime in the building or that
part of it.

(2) Reference in subsection (1) to a building shall apply also to an inhabited
vehicle or vessel, and shall apply to any such vehicle or vessel at times
when the person having a habitation in it is not there as well as at times
when he is.

(3) For the purposes of this section the word “enters” in subsection (1) means
the putting of any part of the body of the person making the entrance, or
any part of any instrument used by him inside the building.

(4) A person guilty of housebreaking is liable on conviction to imprisonment
for any period not exceeding 10 years. (Substituted by Act 9 of 1987 and
Amended by Act 46 of 1988.)

174 Unlawful entry into buildings by night.
Every person who enters or is found by night in any dwelling house, shop or
other building of any kind whatsoever without lawful justification shall be liable
to imprisonment for any period not exceeding 5 years. (Substituted by Act 9 of
1987.)

175 Unlawfully being on enclosed premises at night.
(1) Every person who is found by night in any town in an enclosed yard,

garden or other enclosed area without lawful justification for his presence
there shall be liable to imprisonment for any period not exceeding 2 years.

(2) It shall be lawful for any police officer to arrest without warrant any
person whom he finds committing an offence against this section.

176 Possession of house-breaking instruments.
Every person who is found by day or night armed with any offensive instrument
with intent to break and enter any building whatsoever shall be liable to
imprisonment for any period not exceeding 4 years. (Amended by Act 9 of 1987.)

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177 Arson.
(1) Arson is the offence of wilfully and without lawful justification setting

fire to any building of any kind belonging to another person or to any
vessel, crop, property or other thing whatsoever belonging to another
person whether attached to the soil or not.

(2) Every person who commits the offence of arson shall be liable to
imprisonment for any period not exceeding 5 years.

(3) Where the person accused has an interest in the thing to which he sets fire,
the existence of such interest if partial shall not prevent his act from
amounting to the offence of arson, nor shall the existence of such interest
if total prevent his act from amounting to arson if such act was done with
intent to defraud.

Illustrations
A owns a quarter share in a boat, the other three-quarters being
owned by B. A and B quarrel and A sets fire to the boat. A is guilty
of arson although he has a quarter share in the boat.
A owns a house which is insured against fire and sets fire to it in
order to obtain the insurance money. A although he owns the house
is guilty of arson as he set fire to the house with intent to defraud
the insurance company.

PART XI - WILFUL DAMAGE TO PROPERTY AND
ANIMALS: TRESPASS: BURNING OFF UNDERGROWTH,

ETC.

178 Wilful damage to buildings, vessels, wharves, etc.
Every person who in any manner intentionally and unlawfully causes damage to
any building or vessel or to any wharf or to any machinery or tools or to any
building, structure, machinery, apparatus or vessel constructed or used for the
purposes of any harbour or wharf or for the purpose of regulating the action of
the sea or protecting any land from erosion or inundation by the sea, shall be
liable where the damage does not exceed $500 to imprisonment for any period
not exceeding 6 months and where the damage does exceed $500 to
imprisonment for any period not exceeding 10 years. (Amended by Act 9 of 1959
and Act 9 of 1987.)

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179 Wilful damage to beacons, buoys, etc.
Every person who intentionally and unlawfully causes damage to any lighthouse,
light beacon, buoy or other apparatus whatsoever which is used or maintained
for the safety of navigation shall be liable to imprisonment for any period not
exceeding 10 years.

180 Interference with landmarks.
Every person who shall move, damage or in any manner interfere with any
landmark or any Government survey peg which has been fixed under the
authority of a Government surveyor or of the Minister of Lands shall be liable to
imprisonment for any period not exceeding one year.

181 Wilful damage to commodities.
Every person who intentionally and unlawfully causes damage in any manner
whatsoever to anything in course of manufacture or preparation for sale or to
anything manufactured or prepared for sale or to any kind of vegetable produce
whatsoever, whether growing or severed from the soil, and whether in any
building yard or stack or wheresoever situated is guilty of an offence and—

(a) if the damage caused does not exceed $500, is liable on summary
conviction to imprisonment for any period not exceeding 2 years; or

(b) if the damage caused exceeds $500 is liable on conviction on
indictment to imprisonment for any period not exceeding 5 years.

(Amended by Acts 9 of 1987 and 46 of 1988.)

182 Killing or maiming cattle.
Every person who intentionally and unlawfully kills, maims or wounds any
cattle shall be liable to imprisonment for any period not exceeding 3 years.

183 Killing or maiming other animals.
Every person who intentionally and unlawfully kills, maims or wounds any
animal not being cattle, which is of some value and which is and appears tamed
or domesticated or which is ordinarily kept in a state of confinement, shall be
liable in respect of a first offence to imprisonment for any period not exceeding
6 months and for any subsequent offence to imprisonment for any period not
exceeding one year.

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184 Wilful damage to trees or cultivated plants, etc.
(1) Every person who intentionally and unlawfully causes damage to any tree

or cultivated plant growing in any public place or Government plantation
or in any private plantation, garden, pleasure ground or cemetery shall—
(a) where the amount of such damage does not exceed $50 be liable to

imprisonment for any period not exceeding 2 months; and
(b) where the amount of such damage exceeds $50 be liable to

imprisonment for any period not exceeding 2 years.

(Amended by Act 9 of 1987.)

(2) Every person who intentionally and unlawfully causes damage to any tree
or cultivated plant growing elsewhere shall be liable to imprisonment for
any period not exceeding 6 weeks.

185 Wilful damage to fish fences.
Every person who intentionally and unlawfully damages, destroys or takes away
any fish fence, net, fish pot or other apparatus of any other person erected or
placed for the purpose of catching, taking or keeping turtle or fish or any turtle
or fish in any fish fence, net, fish pot or other apparatus so erected or placed as
aforesaid shall be liable to a fine not exceeding $200 and in default of payment
to imprisonment for any period not exceeding 3 months. (Amended by Act 9 of
1987.)

186 Wilful damage to fences.
Every person who intentionally and unlawfully destroys or damages any part of
any live or dead fence whatsoever or any post, pale, rail or wire used as a fence
or any gate or part thereof respectively shall be liable to a fine not exceeding
$200 and in default of payment to imprisonment for any period not exceeding 3
months. (Amended by Act 9 of 1987.)

187 Wilful damage to things not otherwise provided for.
Every person who shall intentionally and unlawfully cause damage to any land
animal or thing not specially provided for in this Act shall—

(a) where such damage does not exceed $500 to a fine of $500 or
imprisonment for any period not exceeding 2 years or to both such
fine and such imprisonment;

(b) where such damage exceeds $500 to a fine of $2000 or
imprisonment for any period not exceeding 7 years or to both such
fine and such imprisonment.

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(Amended by Acts 19 of 1978 and 9 of 1987.)

188 Trespass.
(1) Every person who without lawful excuse enters upon the tax allotment,

plantation, garden or other land belonging to or in the possession of
another person shall be liable at the prosecution of such owner or occupier
to a fine not exceeding $50 of which half shall be paid to such owner or
occupier and the other half to the Government. (Amended by Act 9 of
1987.)

(2) If any damage to crops has been caused by such entry the magistrate may
in addition to any fine inflicted under this section order the defendant to
pay compensation in respect of such damage up to an amount not
exceeding $200 which sum in the case of injury to private property shall
be paid to the owner or occupier and in case of injury to Government
property shall be paid to the Treasury. If such fine and compensation
together with the costs of summons shall not be paid within the period
specified by the magistrate at the time of conviction the magistrate may
commit the defendant to prison for any period not exceeding 4 months
unless such amounts be sooner paid. (Amended by Act 9 of 1987.)

189 Taking and using cattle without owner's consent.
Every person who catches, takes or drives or attempts to catch or drive any cattle
from or out of any tax or town allotment, yard or stable or from any place where
it is lawfully tethered for the purpose of riding it or using it for carrying anything
or for drawing any vehicle or for the purpose of setting it loose or for any other
unlawful or mischievous purpose without the consent of the owner or person in
charge thereof and without having any claim of title thereto shall be liable to a
fine not exceeding $200 and in default of payment to imprisonment for any
period not exceeding 3 months. (Amended by Act 9 of 1987.)

190 Burning things in towns without proper precaution.
Every person who in any town burns any building, shed or other thing of which
he is the owner, without taking proper precaution to prevent damage from fire to
any adjacent property belonging to another person or persons, shall be liable to
imprisonment for any period not exceeding one year.

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191 Burning off undergrowth. Notice to be given and proper precautions
taken.
(1) Every person who intends to set fire to or cause fire to be set to any tree,

bush, underwood, rubbish, hana or other grass shall give notice to all
neighbours possessing or in charge of any tax allotment, plantation, trees,
crops or buildings which might be damaged or destroyed by the fire if
carelessly or improperly used, and shall also take proper precautions to
prevent any damage or destruction to such allotment, plantation, trees,
crops or buildings of his neighbours.

Penalty - Compensation for damage.

(2) Whoever sets fire to or causes fire to be set to any tree, bush, underwood,
rubbish, hana or other grass for any purpose without notice given and
proper precautions taken as in this section provided shall, whether or not
any damage or injury is caused to any other person's tax allotment,
plantation, trees, crops or buildings, be liable on conviction therefore
before a magistrate at the instance of the police or the person aggrieved to
a fine not exceeding $25 and where any such damage or injury as
aforesaid has been caused shall in addition to any fine imposed under this
section be ordered to pay compensation in respect of such damage up to
an amount not exceeding $500 which sum in the case of injury to private
property shall be paid to the person aggrieved and in the case of injury to
Government property shall be paid to the Treasury in aid of the general
revenue of the Kingdom. If such fine and compensation together with the
costs of summons shall not be paid within such period as the magistrate at
the time of conviction shall appoint, the magistrate may commit the
defendant to prison for any period not exceeding one year unless such
amounts be sooner paid. (Amended by Act 9 of 1987.)

PART XII - RESTITUTION OF STOLEN PROPERTY AND
APPROPRIATION OF MONEY TAKEN FROM PRISONER

ON ARREST

192 Restitution of property criminally obtained.
Whenever any person is convicted of stealing or obtaining by any other criminal
means any property, the Court may order that such property or any part thereof
found in his possession or in the possession of any other person for him shall be
delivered to the person who from the evidence appears to the Court to be entitled
thereto.

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193 Restitution where stolen property pawned by thief.
When any person is convicted of stealing or otherwise criminally obtaining any
property and it appears to the Court that such property or any part thereof has
been pawned with any person, the Court may order its delivery to the person
who appears to the Court to be the owner either without payment or on payment
by him to the person with whom the same was pawned of the amount of the loan
or such part thereof as the Court under all the circumstances of the case may
deem just.

194 Money taken from prisoner to be applied as compensation.
If upon the arrest of any person charged with an offence any money is found
upon him and taken charge of by the police then in case of his conviction the
Court may in its discretion order such money or any part thereof to be applied to
the payment of any compensation which the Court directs to be paid by the
offender.

195 Money taken from prisoner to be paid to innocent purchaser of
stolen property.
Whenever upon the conviction of any person for stealing or otherwise criminally
obtaining any property it appears to the Court from the evidence in the case that
the defendant has sold the property forming the subject matter of the charge or
any part thereof to another person who was unaware that the defendant had
procured such property by criminal means, and it further appears to the Court
that any money has been taken by the police from the defendant on his arrest, it
shall be lawful for the Court to order that the person to whom such property or
part thereof was sold shall restore the property to its rightful owner and shall be
paid out of any such money as aforesaid taken from the defendant a sum not
exceeding that which he paid to the defendant in respect of such property or part
thereof.

PART XIII. - PROSECUTIONS AND PROCEDURE
THEREON

196 In what courts prosecutions may be brought.
Prosecutions for offences against this Act shall be heard and determined as
follows—

(a) offences within the jurisdiction of a Magistrate as defined in the
Magistrate's Courts Act: In a Magistrate's Court;

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(b) all other offences: In the Supreme Court with or without a jury
according to the accused's election. (Substituted by Act 6 of 1954.)

197 Who may prosecute.
(1) All prosecutions under this Act may be brought by the Attorney-General.

(Amended by Acts 5 of 1931 and 46 of 1988.)

(2) Prosecutions under sections 56, 57, 58, 108, 111, 112, 114, 116, 117, 175,
181, 182, 183, 184, 185, 186, 187, 188 and 191, may be brought either by
the Attorney-General or the person aggrieved. (Amended by Act 46 of
1988.)

PART XIV. - PROBATION OF OFFENDERS

198 Recognizance of good behaviour.
Where any person has been convicted of any offence and the Court is of opinion
having regard to the character, antecedents, age, health or mental condition of
the person charged or to the trivial nature of the offence or to the extenuating
circumstances under which the offence was committed, it is inexpedient to
inflict any punishment or any other than a nominal punishment, or that it is
expedient to release the offender on probation, the Court may in lieu of imposing
a sentence of imprisonment make an order discharging the offender
conditionally on his entering into a recognizance with or without sureties to be
of good behaviour and to appear for sentence when called upon at any time
during such period not exceeding 3 years as may be specified in the order.
(Amended by Act 5 of 1931.)

199 Court may place convicted offender on probation.
A recognizance ordered to be entered into under section 198 shall if the Court so
order contain a condition that the offender be under the supervision of such
person as may be named in the order during the period specified in the order and
such other conditions as to residence, abstention from alcoholic liquors and for
securing such supervision as may be specified in the order and such order is
referred to in this Act as a probation order.

200 Probation order to be in writing.
The Court by which a probation order is made shall furnish to the offender a
notice in writing stating in simple terms the conditions he is required to observe.

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THE SCHEDULE

FORM
ORDER COMMITTING CORPORATION FOR TRIAL

CRIMINAL OFFENCES ACT,
Section 43

Magistrate's Court, District of ...................................


Date:
Accused corporation:
Registered office:
Alleged offence:

(short particulars and Act)

The accused corporation was today charged before the above Court with the above
offence and the Court having inquired into the offence and determined to commit the
accused corporation for trial at the Supreme Court at


Order:

You, (name), as prosecutor are hereby empowered to prefer a bill of indictment in
respect of the offence at the Supreme Court.

............................................................................
Magistrate for the above mentioned District

(Signature and Seal)