jm offences against the person act

8/12/2019 JM Offences Against the Person Act

1/48

OFFENCES AGAINST THE PERSON

ITE OFFENCES AGAINST THE PERSON ACTARRANGEMENT OF SECTIONS

Homicide1. short title.2. Capitall murders.3. Sentence of death.

Sentence of death not to bepassed on pregnant mmm.Procedure where woman convicted of capital offence alleges sheis pregnant.3 ~ . ife imprisonment for non-capital murder.

3 ~ . rovisions as to procedure and regarding repulted and multiple3c. Proyisions as to appeab in relation to repeated and multiple3 ~ .rovisions as to procedure regarding two or more murders tried

murders.murders.together.

4. Abolition of m s ~ ~ ealice.5. Persons suffering from diminished responsibility.6. Provocation.8. Conspiring or soliciting to commit murder.9. Manslaughter.

10. Exasable homicide.1 1 Petit tnasm.12. Provision for trial of certain cases of murder or manslaryhtcr.

7. suicide pact.

Attempts to Murder13. Administering poison, or wounding with intent to murder.14. Destroying or damaging building with intent to murder.15. Setting 6re to ship, etc., with intent to murder.16. Attempting to administer poison, etc.. with intent to murder.17. By other means attempting to commit murder.

h t t e r s Threatening to Murder18. Letters threatening to murder.

[The inclusion of thiu page is authorized by L.N. 2/1995]
http://oapa%201.pdf/http://oapa%201.pdf/http://oapa%201.pdf/http://oapa%202.pdf/http://oapa%202.pdf/http://oapa%202.pdf/http://oapa%203.pdf/http://oapa%203.pdf/http://oapa%203.pdf/http://oapa%203a.pdf/http://oapa%203a.pdf/http://oapa%203a.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203b.pdf/http://oapa%203c.pdf/http://oapa%203c.pdf/http://oapa%203c.pdf/http://oapa%203c.pdf/http://oapa%203c.pdf/http://oapa%203c.pdf/http://oapa%203c.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203d.pdf/http://oapa%203b.pdf/http://oapa%203c.pdf/http://oapa%203d.pdf/http://oapa%204.pdf/http://oapa%204.pdf/http://oapa%204.pdf/http://oapa%204.pdf/http://oapa%204.pdf/http://oapa%205.pdf/http://oapa%205.pdf/http://oapa%205.pdf/http://oapa%205.pdf/http://oapa%205.pdf/http://oapa%206.pdf/http://oapa%206.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%2012.pdf/http://oapa%207.pdf/http://oapa%207.pdf/http://oapa%207.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2016%2C17%2C18.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2013%2C14%2C15.pdf/http://oapa%2012.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%208%2C9%2C10%2C11.pdf/http://oapa%207.pdf/http://oapa%206.pdf/http://oapa%205.pdf/http://oapa%204.pdf/http://oapa%203d.pdf/http://oapa%203c.pdf/http://oapa%203b.pdf/http://oapa%203a.pdf/http://oapa%203.pdf/http://oapa%202.pdf/http://oapa%201.pdf/


2/48

OFFENCES A CA NST T H E PERSONActs Causing or Tending o Cause Donger to rife, or Bodily arm

19. Preventing person endeavouring to save his life in shipwreck.20. Shooting or attempting to shoot or wounding with intent to do21. What shall be deemed loaded arms.22. Unlawful wounding.23. Attempting to choke, etc., in order to commit indictable offence.24. Administering drug with intent to commit indictable offence.25. Administering poison so as to endanger life or inflict grievous26. Administering poison with intent to injure or annoy.27. Jury may acquit of felony, and tind guilty of misdemeanour.28. Abandoning or exposing child whereby life endangered.29. Causing bodily injury by explosion of gunpowder.30. Causing gunpowder to explode, etc., with intent to Q grievous31. Placing wood on railway, etc., with intent to endanger safety of32. Doing anything to endanger safety of passeogcrs 09 railway.33. Genocide.

Assaults

grievous bodily harm.

bodily harm.

bodily harm.passengers.

34. Obstructing clergyman in the pcrormance of his doties.35. Assaulting m agistrate when preserving wreck.36. Assault with intent to commit felony, or on constable, etc.37. Hindering seaman from working a t his trade, etc.38. Using violence to deter person from buying or selling.39. Summ ary jurisdiction to try common assaults.40.Aggravated assaults on women or children.41. Justices may dismiss complaint, certifyingd i s m i d .42. Certificate or conviction to be a bar to further proceedings.43. Punishment for common and aggravated assaults.

Rape: Abduction and Deflement of Women44.Rape.45. Procuring defilement of girl under eighteen.46. Personating husband.

F c nclusian of this page is authorized b y L.N. 421 199%
http://oapa%2019.pdf/http://oapa%2019.pdf/http://oapa%2019.pdf/http://oapa%2019.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2023.pdf/http://oapa%2023.pdf/http://oapa%2023.pdf/http://oapa%2023.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2033.pdf/http://oapa%2033.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2030.pdf/http://oapa%2030.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2034.pdf/http://oapa%2034.pdf/http://oapa%2034.pdf/http://oapa%2034.pdf/http://oapa%2034.pdf/http://oapa%2034.pdf/http://oapa%2034.pdf/http://oapa%2035.pdf/http://oapa%2035.pdf/http://oapa%2035.pdf/http://oapa%2035.pdf/http://oapa%2035.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2038.pdf/http://oapa%2038.pdf/http://oapa%2038.pdf/http://oapa%2038.pdf/http://oapa%2038.pdf/http://oapa%2038.pdf/http://oapa%2039.pdf/http://oapa%2039.pdf/http://oapa%2039.pdf/http://oapa%2039.pdf/http://oapa%2039.pdf/http://oapa%2039.pdf/http://oapa%2040.pdf/http://oapa%2040.pdf/http://oapa%2040.pdf/http://oapa%2040.pdf/http://oapa%2041.pdf/http://oapa%2041.pdf/http://oapa%2041.pdf/http://oapa%2041.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2042.pdf/http://oapa%2043.pdf/http://oapa%2043.pdf/http://oapa%2043.pdf/http://oapa%2043.pdf/http://oapa%2043.pdf/http://oapa%2043.pdf/http://oapa%2044.pdf/http://oapa%2044.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2044.pdf/http://oapa%2043.pdf/http://oapa%2042.pdf/http://oapa%2041.pdf/http://oapa%2040.pdf/http://oapa%2039.pdf/http://oapa%2038.pdf/http://oapa%2036%2C37.pdf/http://oapa%2036%2C37.pdf/http://oapa%2035.pdf/http://oapa%2034.pdf/http://oapa%2033.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2031%2C32%2C.pdf/http://oapa%2030.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2027%2C28%2C29.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2024%2C%2025%2C26.pdf/http://oapa%2023.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2020%2C21%2C22.pdf/http://oapa%2019.pdf/


3/48

OFFENCES AGAINST THE PERSON 347. Dciilcmcntof female idiot or imbecikc48. carnally knowing girl under twelve.49. Power on indictments for certain feloaies to 6nd the dda nt50. Above twelve and under sixteen.51. Householder. etc., inducing or encouraging dohneat of o u q52. Cusbody d irls undtr sixtcen.53. Indecent assault. etc.54. Cwseat of young person to be no defeacs in iadecmt amult,55. Abduction from motives of lucre.56. Forcible aWection.57. Awaotion of gir l under sixtom.

guilty of a minor offence.

girl on his prcmirsa.

Protection of Women and Girls58. Proculation.59. Pmcuring detUement of women by thrcata or fraud. or ad&60.AWuction d girl under eighteen with intent to have c a d61. Unlawful dctesl t i on with intent to have c a d knowlsdgs.62. Power of search.63. L i v a cm caning of ptitutioa.64. Encouraging prostitution of girl under sixteen.65. Allowing persons under sixteento be in brothels.

-g w .knowledge.

sup~ess imf Broth&66. Summary proceedingsagainst brothel keeper, etc.67. Tenants, lcssecs, or occupiers.68. search warraata.

Landlords or lessors.

Child Stealing69.Cbild stealing.70. Kidnapping.

plx indruiDn of this page k a M by LN. 711989l
http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2045%2C46%2C47.pdf/http://oapa%2048.pdf/http://oapa%2048.pdf/http://oapa%2048.pdf/http://oapa%2048.pdf/http://oapa%2048.pdf/http://oapa%2048.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2051.pdf/http://oapa%2058.pdf/http://oapa%2058.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2059.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2061.pdf/http://oapa%2062.pdf/http://oapa%2062.pdf/http://oapa%2062.pdf/http://oapa%2062.pdf/http://oapa%2063.pdf/http://oapa%2063.pdf/http://oapa%2063.pdf/http://oapa%2063.pdf/http://oapa%2063.pdf/http://oapa%2063.pdf/http://oapa%2064.pdf/http://oapa%2064.pdf/http://oapa%2064.pdf/http://oapa%2064.pdf/http://oapa%2064.pdf/http://oapa%2064.pdf/http://oapa%2064.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2065.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2060.pdf/http://oapa%2066.pdf/http://oapa%2066.pdf/http://oapa%2066.pdf/http://oapa%2066.pdf/http://oapa%2066.pdf/http://oapa%2066.pdf/http://oapa%2067.pdf/http://oapa%2067.pdf/http://oapa%2067.pdf/http://oapa%2067.pdf/http://oapa%2067.pdf/http://oapa%2068.pdf/http://oapa%2068.pdf/http://oapa%2068.pdf/http://oapa%2069.pdf/http://oapa%2069.pdf/http://oapa%2069.pdf/http://oapa%2070.pdf/http://oapa%2070.pdf/http://oapa%2070.pdf/http://oapa%2069.pdf/http://oapa%2068.pdf/http://oapa%2067.pdf/http://oapa%2066.pdf/http://oapa%2065.pdf/http://oapa%2064.pdf/http://oapa%2063.pdf/http://oapa%2062.pdf/http://oapa%2061.pdf/http://oapa%2060.pdf/http://oapa%2059.pdf/http://oapa%2058.pdf/http://oapa%2056%2C57.pdf/http://oapa%2056%2C57.pdf/http://oapa%2054%2C55.pdf/http://oapa%2054%2C55.pdf/http://oapa%2052%2C53.pdf/http://oapa%2052%2C53.pdf/http://oapa%2051.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2049%2C%2050.pdf/http://oapa%2048.pdf/http://oapa%2045%2C46%2C47.pdf/


4/48

4 OFFENCES AGAINST THE PERSONBisamr

71. Bigamy.Provision M to evidence.

Attempts to Prucure bortion7 2 Administeringdrugs or using instrumentstoprocure abortion.73. Procuring drugs. e tc . to procure abortion.

Concealing the Birth ofa Child74. Con+ezlt of birth.

Infanticide75. offence of infanticide.vrrnotrrml ogmccc

76. Unnatural crime.77. Attempt.Prwf of Curnu1 Knowlcdgc

78. Proof of cm~dnowledge.Outrages on Decency

79. Outragraon decencyOther Matters

80. Apprehension without warrant.81. Punishmcot of principals in sccond degree and acwmrka82. Fines and sureties for good bebaviour.83. Conviction not to be quashed for want of form,etc.84. Costs onprosecution for assauk85. Recovery of c o s t s by distress.
http://oapa%2071.pdf/http://oapa%2071.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2072.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2075.pdf/http://oapa%2075.pdf/http://oapa%2075.pdf/http://oapa%2075.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2080.pdf/http://oapa%2080.pdf/http://oapa%2080.pdf/http://oapa%2080.pdf/http://oapa%2081.pdf/http://oapa%2081.pdf/http://oapa%2081.pdf/http://oapa%2081.pdf/http://oapa%2081.pdf/http://oapa%2081.pdf/http://oapa%2081.pdf/http://oapa%2081.pdf/http://oapa%2082.pdf/http://oapa%2082.pdf/http://oapa%2082.pdf/http://oapa%2082.pdf/http://oapa%2082.pdf/http://oapa%2082.pdf/http://oapa%2082.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2083%2C84%2C85.pdf/http://oapa%2082.pdf/http://oapa%2081.pdf/http://oapa%2080.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2076%2C77%2C78%2C79.pdf/http://oapa%2075.pdf/http://oapa%2073%2C74.pdf/http://oapa%2073%2C74.pdf/http://oapa%2072.pdf/http://oapa%2071.pdf/


5/48

OFFENCES AGAINST T H E PERSON

ACb42 ot 19636.233or 1967.4401 USL42.L-W9cL34 Ll973l1of 191)

1st9th30d 1988,14 d 131of199S

THEOFFENCES AGAINST THE PERSON ACT

CisM.1 'dtma .1. This Act may be cited as the Offences against the ~ ~ t i t l aPenon Act. Homicide

2 . 4 1 ) Subject to subsection (2), murder committed in capitalthe following circumstances is capital murder, that is to 1411992say-

murderr.s. 2.

U) the murder of-(i) a member of the security forces acting inthe execution of his duties or of a personassisting a member so acting;(ii) a correctionalofficer acting in the execution

of his duties or of a person assisting a cor-rectionaloflim so acting;3 judicial officer acting in the execution ofhis duties; or

(iv) any person acting in the execution of hisduties, being a person who, or the purposeof carrying out those duties, is vested underthe provisions of any law in force for thetime being with the same powers, authoritiesand privileges as are given by law to mem-bers of the Jamaica Constabulary Force,

inchion U t h i s page is glwtoripd lyL.N.%/19971


6/48

6 OFFENCES AGAINST THE PERSONor the murder of any such member of the securityforces, correctional officer, judicial officer or per-son for any reason directly attributable to thenature of his occupation;

(b ) the murder of any person for any reason directlyattributable to-(i) the status of that person as a witness orparty in a pending or concluded civil causeor matter or in any criminal proceedings; orii) the service or past service of that person asa juror in any criminal trial;

c ) the murder of a Justice of the Peace acting in theexecution of his judicial functions;4 ny murder committed by a person in the courseor furtherance of-

(i) robbery;ii) burglary or housebreaking;

(iii) arson in relation to a dwelling house; or(iv) any sexual offence;(e) any murder committed pursuant to an arrangement

(i) passes or is intended to pass from one per-son to another or to a third party at therequest or direction of that other person; or(ii) is promised by one person to another or to athird person at the request or direction ofthat other person,

as consideration for that other person causing orassisting in causing the death of any person orcounselling or procuring any person to do any actcausing or assisting in causing that death;

whereby money or anything of value-

J p e nclusionOtmis p . 8 ~sa ~ ~ t t yN. S/199f l


7/48

OFFENCES AGAiNST T H E PERSON 7f ) any murder committed by a person in the courseor furtherance of an act of terrorism, that is to say,an act involving the use of violence by that personwhich, by reason of its nature and extent, is cal-culated to create a state of fear in the public orany section of the public.

2) If in the case of any murder referred to in sub-section I ) (not being a murder referred to in paragraph (4of that subsection), two or more persons are guilty of thatmurder, i t shall be capital murder in the case of any of themwho by his own act caused the death of, or inflicted orattempted to inflict grievous bodily harm on, the personmurdered, or who himself used violence on that person inthe course or furtherance of an attack on that person; butthe murder shall not be capital murder in the case of anyother of the persons guilty of it.

(3) Murder not falling within subsection (1) is non-capital murder.(4)Where it is alleged that a person accused ofmurder is guilty of capital murder, the offence shall becharged as capital murder in the indictment.5) In this section-

correctional officer has the same meaning as in theCorrections Act;judicial officer means-

(U) a Judge of the Supreme Court or the Court ofAppeal, the Master in Chambers or any per-son for the time being performing the func-tions of a Judge of the Supreme Court orCourt of Appeal or of the Master in Chambers;( b ) the Registrar or Deputy RegistFar of theSupreme Court, the Revenue Court or theCourt of Appeal or any person for the time-- [The nclusim of his page is authorized by L.N. zj19esj


8/48

S OFFENCES AGAINST THE PERSON

Sea tenceofdeath.14/1992S.3 (a) 0.

43 1958s.2 .1411992S. 3 (a) (iii).1411992s.3 (4).

being performing the functions of Registrar orDeputy Registrar;k) a Resident Magistrate or any person for thetime being performing the functions of aResident Magistrate;

(dj a person employed in a courts office whocarries out prosecution of offences or in theOffice of the Director of Public Prosecutionsor engaged to carry out functions on behalfof the Director of Public Prosecutions;member of the security forces means a member of--(a) the Jamaica Constabulary Force;(6) the Jamaica Defence Force to the extent thatsuch member has been assigned to act in aidof the Police;c) the Island Special Constabulary Force;d ) the Rural Police.

3 . 4 1 ) Every person who is convicted of capital murdershall be sentenced to death and upon every such convictionthe court shall pronounce sentence of death, and the samemay be carried into execution as heretofore has been thepractice; and every person so convicted or sentenced pur-suant to subsection UA),shall, after sentence, be confined insome safe place within the prison, apart from all otherprisoners.

Where by virtue of this section a person is seiitenced todeath, the form of the sentence shall he to the effect onlythat he is to suffer death in the manner authorized by law( 1~ ) ubject to subsection 5 ) of section 3B, a personwho is convicted of noncapital murder shall be sentenced

to death if before that conviction he has-a) whether before or after the 14th October, 1992,been convicted in Jamaica of another murder doneon a different occasion; orm e nclusian of this page is authorid by L.N. 2/1995]


9/48

OFFENCES AGAINST T H E PERSON 8.01( b ) been convicted of another murder dorie on the

same occasion.2) Where a woman convicted of an offence punish- sentence ofdeath not toable with death is found in accordance with the provisions bepassedof this section to be pregnant, the sentence to be passed on gzKgher shall be a sentence of imprisonment with or without ;?;$hard labour for life instead of sentence of death. 3rd Sch.(3) Where a woman convicted of an offence punish- Procedureable with death alleges that she is pregnant, or where the womancourt before whom a woman is so convicted thinks fit so y:;,':to order, the question whether or not the woman is peg- ez3hrnant shall, before sentence is passed on her, be determined i spwnan t .by a jury.(4)Subject to the provisions of this subsection, thesaid 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 re-sworn :

where

Provided that-(a) if any member of the trial jury, after the convic-tion, dies or is discharged by the court as beingthrough illness incapable of continuing to act orfor any other cause, the inquiry as to whether or

not the woman is pregnant shall proceed withouthim; and6) where there is no trial jury, or where a j u ry havedisagreed as to whether the woman is or is notpregnant, or have been discharged by the courtwithout giving a verdict on that question, thejury shall be constituted as if to try whether or

not she was fit to plead, and shall be sworn insuch manner as the court may direct.5) The question whether the woman is pregnant ornot shall be determined by the jury on such evidence asm e nclusioo of thia page ie authorized by L.N. 42119951

R I G S 2


10/48

8.02 OFFENCES AGAINST T H E PERSON

15(1962s. 35.

42119693rdscb.

Iifaial@cison-m m t formn-axpf-tal murder.1411992s. 4.

hod-

may be laid before them either on the part of the womanor on the part of the Crown, and the j u ry shall find thatthe woman S not pregnant unless it is proved affirmativelyto their satisfaction that she is pregnant.

(6 ) Where on proceedings under this section thejury find that the woman in question is not pregnant thewoman inay appeal under the Judicature (Appellate Juris-diction) Act, to the Court of Appeal and that Court, ifsatisfied that for any reason the finding should be set aside,shall quash the sentence passed on her and instead thereofpass on her a sentence of imprisonment with or withouthard labour for life :

Provided that the operation of the provisions of thissubsection shall be deemed to bc coincident with theoperation of the Judicature (Appellate Jurisdiction) Act.

3A.-(1) Subject to the provisions of this Act, every per-son who is convicted of non-capital murder shall be sen-tenced to imprisonment for life.

(2) Notwithstanding the provisions of section 6 ofthe. Parole Act, on sentencing any person convicted of non.capital murder to imprisonment for life, the Court mayspecify a period, being longer than seven years, which thatperson should serve before becoming eligible for parole.

3R.-(1) On an indictment charging a person with capitalmurder, he may be found not guilty of capital murder butions aa toprocedure

mg re-d d - guilty of noncapital murder.pcB*ulllplend (2) Capital murder shall be treated as a distinctoffence from non-capital murder for the purpose of anyar appeal against conviction.1411992

3) Where on an appcal against conviction of capitalmurder the Courl: substitutes a verdict of guilty of non-capital murder for the verdict of guilty of capital murder,

me i nc lus im of this page is authorized b y L.N. 42/1995]


11/48

OFFENCES AGAINST THE PERSON 8.03the Court shall nevertheless determine whether the sentenceof death is warranted by subsection (1.4) of section 3 andshall confirm that sentence if it is found to be so warranted.

(4) Subject to the foregoing provisions of this sec-tion, capital murder shall not be treated as a diflerent offencefrom non-capital murder for any purpose.

5) A person referred to in subsection (1A) of section3 shall not by virtue of that subsection be sentenced todeath by reason of a previous conviction for murder unless-a) at least Seven days before the trial notice is givento him that it is intended to prove the previousconviction; and

b) before he is sentenced, his previous coiiviction formurder is admitted by him or is found to be provenby the trial Judge.

3C.41) Where a person is sentenced to death by virtue Prod-of subsection (1A) of section 3 , he shall have the like right to amcabof appeal against the sentence as if the appeal were against ygzdand mul-tiplea conviction involving sentence of death. murders.(2) On any such appeal against sentence, the Court ,4,1w2shall have the same powers as to allowing or dismissing the 6.4.appeal as on an appeal against a conviction; and where theCourt allows the appeal, and it appears to the Court that,having regard to the decision on the appeal, the sentence isnot warranted in law, the Court shall quash the sentenceand pass the appropriate sentence in substitution for it.

(3) Where a person js sentenced to death under sub-section (1A) of section 3 (which relates to more than oneconviction for murder) and afterwards one of the convictionsis set aside on appeal-

a) that person may apply to the Court of Appeal toset aside the sentence of death on the ground that

11OIlS M

m inclusiqn of thj,page is authorized b y L.N. 2/1995]


12/48

8.04 OFFENCES AGAINST T H E PERSON

Provisionsas to pro-cedure re-gardingtwo orm mmur&triedtogether.14/1 ?s. 4.

Abolitionof con-S l r U C t l Y emalice .4311958s. .

it is no longer warranted in law having regard tothe decision on appeal; and

b) whether or not an application is made under para-graph U) , the Registrar of the Court of Appealshall notify the Court that the sentence is onewhich should be set aside on the ground referredt o in that paragraph,and the Court i f satisfied that the sentence is no longerwarranted in law, shall set it aside and pass the appropriatesentence in substitution f or it.(4) Where a person is sentenced to death as afo re-said then, unless he is so sentenced on being convicted ofcapital murd er, the sentence shall no t in any case be executed

so long as the other conviction can be set aside on appealor by any other legal process.3D.41) Subject to subsection (21, where sentence ofdeath is passed on a person convicted of two or moremurders tried together it shall be treated as passed in respectof each of the convictions.

2) If one of the convictions as aforesaid is and anyother is not set aside on appeal, the Court deciding theappeal, unless satisfied that the sentence remains warra ntedin law in respect of any other conviction, shall set thesentence aside and pass the appropriate sentence in sub-stitution for it.

4 . 4 1 ) Where a person kills another in the course orfurtherance of some other offence, the killing shall notamount to m urder unless done with the same malice afore-thought express or implied) as is required for a killing toamount to murder when not done in the course or further-ance of another offence.

(2) For the purposes of the foregoing subsection,a killing done in the course or for the purpose of resistingF e ncluskmof this page is authorized by L.N. 42/.1995]


13/48

OFFENCES AGAINST TH E PERSON 8.05an officer of justice, or of resisting or avoiding or prevenl-ing a lawful arrest, or of effecting o r assisting an escape orrescue from legal custody, shall be treated as a killing in thecourse or furtherance of an offence.

5.41) Where a person kills or is a party to the killing PCWMslllTeringof another, he shall not be convicted of murder if he was frmsuffering from such abnormality of mind whether arising E%?from a condition of arrested or retarded development of :;gmind or any inherent causes or induced by disease or in- s 3.jury) as substantially impaired his mental responsibility forh i s acts and omissions in doing or being a party to thekilling.

(2) On a charge of murder, it shall be for the defenceto prove that the person charged is by virtue of this sectionnot liable to be convicted of murder.

(3) A person who but for this section would heliable, whether as principal or as accessory, to be convictedof murder shall be liable instead to be convicted of man-slaughter.

(4) The fact that one party to a killing is by virtueof this section not liable to be convicted of murder shall notaffect the question whether the killing amounted to murderin the case of any other party to it.

F e nClu i~f this pap is authorized by L.N. 421 19951


14/48

8.M OFFENCES AGAINST T H E PERSON

Prowca-tion.s. .43 I 1951

6. Where on a charge of murder there is evidence onwhich the jliry can find that the person charged wasprovoked (whether by things done or by things said or byboth together) to lose his self-control, the question whetherthe provocation was enough to make a reasonable man doas he did shall be left to be determined by the jury: and indetermining that question t he jury &ail take into accounteverything both done and said according to the effect which,in their opinion, it would have on a reasonabte man.

suic ide pact.s . 7.-(1) It shall be manslaughter, and shall not be murder,for a person acting in pursuance of a suicide pact betweenhim and another to kill the other or be a party to the

other killing himself or being killed by a third person.4311958

(2) Where it is shown that a person charged withthe murder of another killed the other or was a party tohis killing himself or bcing killed, it shall be for the defenceto prove that the person charged was acting in pursuanceof a suicide pact bztween him and the other.

(3) For the purposes of this section suicide pactmeans a mmmon agreement between two or more personshaving for its object the death of all of them, whether ornot each is to take his own life, but nothing done by aperson who enters i n to a suicide pact shalt be treated as

[The inclusion of this page ie authorized by L.N. 2/1995]


15/48

OFFENCES A G A I N S T THE PERSON 9done by him in pursuance of the pact unless it is donewhile he has the settled intention of dying in pursuance ofthe pact.8. ll persons who shall conspire, confederate, and Conspiring

agree to murder any person, whether he be a subject of Her tocommitMajesty or not, and whosoever shall solicit, encourage, murder.persuade, or endeavour to persuade, or shall propose toany person to murder any other person, whether he be asubject of Her Majesty or not, shall be guilty of amisdemeanour, and being convicted thereof, shall be liable,to be imprisoned for a term not exceeding ten years, with 42/1969or without hard labour.

or soliciting

3rd Sch.

9. Whosoever shall be convicted of manslaughter shall Man-be liable to be imprisoned for life, with or without hard 42/1969labour, or to pay such fine as the court shall award in 3rdSEh.addition to or without any such other discretionary punish-ment as aforesaid.

daughter.

10. No punishment or forfeiture shall be incurred by Excusableany person who shall kill aaother by misfortune, or in his homicide.own defence, or in any other manner without felony.

1837, would have amounted to petit treason, shall bedeemed to be murder only, and no greater offence; andall persons guilty in respect thereof, whether as principalsor accessories, shall be dealt with, indicted, tried, andpunished as principals and accessories in murder.

11 Every offence which, before the fourth day of March, petit

12. Where any person, being feloniously stricken, Provig ionpoisoned, or otherwise hurt upon the sea, or at any place artaincaaeaout of this Island, shall die of such stroke, poisoning, or zeAFhurt in this Island, or being feloniously stricken, poisoned slaughter.or otherwise hurt at any place in this Island, shall die of

for toal of

me nclusion of th is psge ia authorized by L.N. 480/1973]


16/48

10 OFFENCES AGAINST T H E PERSONsuch stroke, poisoning or hurt upon the sea, or at anyplace out of this Island , every offence com mitted in respectof any such case, whether the same shall amount to theoffence of murder o r manslaughter, or of being accessoryto murder or manslaughter, may be dealt with, enquiredof, tried, determined, and punished in the parish in whichsuch death, stroke, poisoning, or hurt shall happen, in thesame manner in all respects as if such offence had beenwholly committed in that parish.

Attempts to MurderAdminister-ing poiion.or wound.ngwth intenttomurder.

13. Whosoever shall administer to, or cause to beadministered to, or to be taken by any person, any poisonor other destructive thing, or shall, by any means whatso-ever, wound, or cause any grievous bodily harm to anyperson, with intent, in any of the cases aforesaid, to commitmurder, shall be guilty of felony, and, being convictedthereof, shall be liable to be imprisoned for life, with orz/1969

3rd Sch. without hard labour.Destroying 14. Whosoever, by the explosion of gunpowder or otherrddcmexplosive substance, shall destroy or damage any building,toi thintenturder. wth intent to commit murder, shall be guilty of felony,42/ 969 and being convicted thereof, shall be liable to be imprisonedfor life, with or without hard labour.rd Sch.

Settingfire 15. Whosoever shall set 6re to any ship or vessel or anys :;zzB part thereof, or any part of the tackle, apparel or furnituretomurder. thereof, or any goods or chattels being therein, or shallcast away or destroy, or attempt to destroy, any ship orvessel, with intent in any of such cases to commit murder,shall be guilty of felony, and being convicted thereof, shallbe liable to be imprisoned for life, with or without hardlabour.42/1 93rd sch.

me nclusion of this page is authorized by L.N. 480/1973]


17/48

OFFENCES AGAINST T H E PERSON 1116. Whosoever shall attempt to administer to, or shall Attemptingattempt to cause to be administered to, or be taken by ister poison,

shoot at any person, or shall by drawing a trigger, or in murder.any other manner, attempt to discharge any kind of loadedarms at any person, with intent, in any of the cases aforesaid,to commit murder, shall, whether any bodily injury beeffected or not, be guilty of felony, and being convictedthereof, shall be liable to be imprisoned for life, with or 42/1969

to adrnin-wthintent tony person, any poison or other destructive thing, or shall etc.,

without hard labour. 3rd SCh.

17. Whosoever shall, by any means other than those ~ y ~ t h ~specified in any of the preceding sections of this Act,attempt to commit murder, shall be guilty of felony, and :;;Titbeing convicted thereof shall be liable to be imprisoned zfor life, with or without hard labour.Letters Threatening fo Murder

18. Whosoever shall maliciously send, deliver, or utter Lettcnor directly or indirectly cause to be received, knowing the ~~$~~contents thereof, any letter or writing threatening to killor murder any person, shall be guilty of felony, and, beingconvicted thereof, shall be liable to be imprisoned for a 4211969term not exceeding ten years, with or without hard labour. 3rdsch,Acts Causing or Tending to Cause Danger to Life, orBodily Harm

19. Whosoever shall unlawfully and maliciously prevent h v e n wor impede any person being on b oard of, or having quitted %sour-any ship or vessel which shall be in distress, or wrecked, ~ ~ ystranded, or cast on shore, in his endeavour to save his shipwrecklife, or shall unlawfully or maliciously prevent or impedeany person in his endeavours to save the life of any such

[The inclusion of th is page is authorized by L.N. 480/1973]


18/48

12 OFFENCES A G A I N S T T H E PERSONperson as in this section first aforesaid, shall be guilty offelony, and, being convicted thereof, shall be liable to beimprisoned for life, with or without hard labour.42/1969rd Sch.

Shooting orattemptingto shoot orwoundingwith intenttodogrievousbodily harm.

4211969i 3rd Sch.

20. Whosoever shall unlawfully and maliciously, byany means whatsoever, wound, or cause any grievousbodily harm to any person, or shoot at any person, or, bydrawing a trigger, or in any other manner attempt todischarge any kind of loaded arms at any person, withintent in any of the cases aforesaid, to maim, disfigureor disable any person, or to do som e other grievous bodilyharm to any person, or with intent to resist or preventthe lawful apprehension or detainer of any person, shallbe guilty of felony, and, being convicted thereof, shall beliable, to be imprisoned for life with or without hard labou r.

m a t h a l l 21. Any gun, pistol, or other arms which shall be loadedloadedams, in the barrel with gun powder, or any other explosivesubstance, and ball, shot, slug, or other destructive material,shall be deemed to be loaded arms within the meaning ofthis Act, although the attempt to discharge the same mayfail from want of proper priming, or from any other cause.

he deemed

U d a w N 22. Whosoever shall unlawfully and maliciously woundor inflict any grievous bodily harm upon any other person,either with or without any weapon or instrument, sha llbe guilty of a misdemeanour, and, being convicted there-of, shall be liable to be imprisoned fo r a t q ot exceedingthree years, with or without hard labour.

wounding.

42119693rd Sch.

Attempting 23. Whosoever shall, by any means whatsoever, attemptetc.,inorder to choke, suffocate, or strangle any other person, or shallindictable by any means calculated to choke, suffocate, or strangle,offence. attempt to render any other person insensible, unconscious,or incapable of resistance, with intent in any of such cases

to choke.to commit

m inclusion of this page is authorized by L.N. 80/1973]


19/48

OFFENCES AGAINST T H E PERSON 13thereby to enable himself, or any other person to commit,or with intent in any of such cases thereby to assist anyother person in committing, any indictable offence, shallbe guilty of felony, and, being convicted thereof, shall beliable to be imprisoned fo r life, with or without hard labour. 42/19693rd Sch.24. Whosoever shall unlawfully apply or administer to, Admin'ster-or cause to be taken by, or attempt to apply or administer ihdZkn,

any person, any chloroform, laudanum, o r other stupefying offence.or overpowering drug, matter, or thing, with intent, in an yof such cases, thereby to enable himself, or any other personto commit, or with intent in any of such cases thereby toassist any other person in committing, any indictableoffence, shall be guilty of felony, and, being convictedthereof, shall be liable to be imprisoned for life, with or Q/j969

to, or attempt to cause to be administered to or taken by, to commit _mdictable

-

without hard labour. 3rd x h .25. Whosoever shall unlawfully and maliciously ad- A & i + Wminister to, or cause to be administered to or taken byany other person, any poison o r othe r destructive or g gernoxious thing so as thereby to endanger the life of such inflictperson, or so as thereby to inflict upon such person any bodily

grievous bodily harm, shall be guilty of felony, and being hrrm*convicted thereof, shall be liable to be imprisoned for a term 42/]969gnevous

not exceeding ten years, with or without hard labour. 3rd srh.26. Whosoever shall unlawfully and maliciously adminis- Administerter to, or cause to be administered to or taken by any otherperson, any poison or other destructive or noxious thing, o i n j u ~ ~

with intent to injure, aggrieve, or annoy such person, shallbe guilty of a misdemeanour, and, being convicted thereof,shall be liable to be imprisoned for a term not exceeding 42/1%9

log poisonwith intentannoy

three years, with or w ithout hard labour. 3rd Sch[The inclusion of this pnge is authorized by L.N. 480/1973]


20/48

14 OFFENCES AG Al N ST TH E PERSONJurymay 27. If, upon the trial of any person for any felony men-fdony,and tioned in section 25, the jury shall not be satisfied that suchfindf mis-u ty person is guilty thereof, but shall be satisfied that he is guiltydemeanour. of any misdemeanour mentioned in section 26, then and inevery such case, the jury may acquit the accused of suchfelony, and find him guilty of such misdemeanour and there-upon he shall be liable to be punished in the same manneras if convicted upon an indictment for such misdemeanour.

acquit of

Abandoning 28. Whosoever shall udawfully abandon or expose anychild, being under the age of two years, whereby the lifelife of such child shall be endangered, or the health of suchendanwed. child shall have been or shall be likely to be permanentlyinjured, shall be guilty of a misdemeanour, and, being42/1959 convicted thereof, shall be liable to be imprisoned for a3rd Sch. term not exceeding three years, with or without ha rd lab our.

or exposingchild

Causing 29. Whosoever shall unlawfully and maliciously by theby explosion explosion of gunpowder or other explosive substance,powder.f gun- burn, maim, disfigure, disable, or do any grievous bodilyharm to any person, shall be guilty of felony and, being4211969 convicted thereof, shall be liable to be imprisoned for life,with or without hard labour.

bodily injury

3rd Sch.

Causing 30. Whosoever shall unlawfully an d maliciously ca usetoexplode, any gunpowder or other explosive substance to explode,etc..with or send or deliver to, or cause to be taken or received bydo grievous any person a ny explosive substance, o r an y other dangerousor noxious thing, or put or lay at any place, or cast orthrow at or upon, or otherwise apply to any person, anycorrosive fluid, or any destructive or explosive substance,

with intent, in any of the cases aforesaid, to burn, maim,disfigure, or disable any person, or to do some grievousbodily harm to any person, shall, whether any bodilyinjury be effected or not, be guilty of felony, and, being

gunpowder

intent tobodilyharm.

m inclusion of this page is authorized by L N . 480119731


21/48

OFFENCES A GA lNS T TH E PERSON 15convicted thereof, shall be liable to be imprisoned for life, 42/15-69with o r without ha rd labour. 3rd Sch.31. Whosoever shall unlawfully and maliciously put or madnethrow upon or across any railway or tramway any wood, zca;pctc.,stone, or other matter or thing, or shall unlawfully and withintcatmaliciously take up, remove or displace any rail, sleeper, safetyofor other matter or thing belonging to any railway or pa==ngers.tramway, or shall unlawfully and maliciously turn, moveor divert any points or other machinery belonging to anyrailway or tramway, or shall unlawfully and maliciouslymake or show, hide or remove any signal or light upon ornear to any railway or tramway, or shall unlawfully andmaliciously do or cause to be done any other matter orthing, with intent, in any of the cases aforesaid, toendanger the safety of any person travelling or being uponsuch railway or tramway, shall be guilty of felony, and

being convicted thereof, shall be liable to be imprisoned ;;Jk ;for life, with o r without ha rd labour.

t o endanger

32. Whosoever, by any unlawful act, or by any wilful Doingomission or neglect, shall endanger or cause to be gpifpendangered, the safety of any person conveyed by or being gzn;:nin or upon a railway or tramway, or shall aid or assist onrai lway.therein, shall be guilty of a misdemeanour, and, being con-victed thereof, shall be liable to be imprisoned for a termnot exceeding two years, with or without hard labour.

33.-(1) Whosoever shall advocate or promote genocide Genocide.441 1968is guilty of an indictable offence and shall be liable to be s.2.imprisoned for a term not exceeding ten years, with or with-out hard labour.(2) In this section genocide means any of thefollowing acts committed with intent to destroy, in wholeor in part, any national, ethnical, racial or religious group,as such-me inclusion of this page is authorized by L.N. 48011973]


22/48

16 OFFENCES AGAINST T HE PERSONa) killing members of the group;6 ) causing serious bodily or mental harm to membersof the group;(4 eliberately inflicting on the group conditions oflife calculated to bring about its physical destruc-tion in whole or in part;(4 imposing measures intended to prevent birthswithin the group;(4 orcibly transferring children of the group toanother group.

A ssuulrs34. Whosoever shall, by threats or force, obstruct orprevent, or endeavour to obstruct and prevent, any clergy-man or o ther m inister in o r fro m celebrating divine service,

or otherwise officiating in any church, chapel, meeting-house, or other place of divine worship, or in or from theperformance of his duty in the lawful burial of the dead inany church-yard or other burial place, or shall strike, oroffer any violence to, or shall, upon any civil process, orunder the pretence of executing any civil process, arrestany clergyman or other minister who is engaged in or tothe knowledge of the offender is about to engage in, anyof the rites or duties in this section aforesaid, or who, tothe knowledge of the offender, shall be going to perform thesame or returning from the verformance thereof, shall beguilty of a misdemeanour, and, being convicted thereof,shall be liable to be imprisoned for a term not exceedingtwo years, with or without hard labour.

Obstructingintheper-h i sdut i a .clergymanformanccof

*ss?di gwhen 35. Whosoever shall assault and strike or wound anymagistrate, officer, or other person whatsoever lawfullyauthorized, in or on account of the exercise of his duty inor concerning the preservation of any vessel in distress,magsmtepreservingwreck.

mic inclusion of this page is authorized by L.N. 480/19731


23/48

OFFENCES AGAINST T H E PERSON 17or of any vessel, goods, or effects wrecked, stranded, orcast on shore, or lying under water, shall be gui l ty of amisdemeanour, and, being convicted thereof, shall be liable 4 2 11 9 ato be imprisoned for a term not exceeding seven years,with or without hard labour.

3rd Sch.

34 Whosoever shall assault any person with intent to .q$Tauitwithintent10commit felony or shall assault, resist, or wilfully obstruct commitany constable or peace officer in the due execution of ~ ~ o ~ & O - o 'his duty, or any person acting in the aid of such officer, or .table,*shall assault any person with intent to resist or prevent thelawful apprehension of himself or any other person for anyoffence, hall be guilty of a misdemeanour, and beiigconvicted thereof, shall be liable to be imprisoned for a termnot exceeding two years, with or without hard labour.37. Whosoever shall unlawfully, and with force, hinder Hinderingor prevent any seaman or person labouring on board anyvessel from working at or exercising his lawful trade, hishade.business, or occupation, or shall beat or use any violenceto any such person, with intent to hinder or prevent himfrom working at or exercising the same, shall, on summaryconviction, be liable to imprisonment with hard labour fora term not exceeding three months.

seaman frommrtim Etetc.

38. Whosoever shall beat, or use any violence or threat Usingviolena toof violence to any person, with intent to deter or hinder deterpernonhim from buying, selling, or otherwise disposing of, or to f&compel him to buy, sell or otherwise dispose of anypoultry, hogs, grain, fruit., or fish, or other provisions orfood in any market or other place, or shall beat, or useany such violence or threats to any person having the careor charge of any poultry, hogs, grain, fruit or fish,or otherprovisions, whilst on the way to or from any city, market,town or other place in this 'Tsland, with intent to stop the[TZle-i~clusionofthis is au&orized by L.N.951 19971


24/48

I 8 OFFENCES AGAINST THE PERSON

Summaryjurisdictiontrycommon8553 U1b.

31/1995s. 4.

A L B r a V t t t C dassaults onwomeo orchildren.

31 11995s. 4.

conveyance of the same, shall, on summary conviction, beliable to imprisonment with or without hard labour for aterm not exceeding three months.

39. Where any person shall unlawfully assault or beatany other person, two Justices, upon complaint by or onbehalf of the party aggrieved, may hear and determinesuch offence, and the offender s h a l l , upon summaryconviction, be liable to imprisonment with or without hardlabour, for a term not exceeding two months, or else shallforfeit and pay such fine not exceeding, together with costsif ordered) the sum of one thousand dollars; and if suchfine as shall be so awarded, together with the costs, ifordered, shall not be paid either immediately after convic-tion, or within such perid as shall at the time of the con-viction be appointed, the offender may be committed toimprisonment with or without hard labour, for a term notexceeding two months unless such fine and costs be soonerpaid.40. When any person shall be charged before a court of

summary jurisdiction with n assault or battery upon anymale child whose age shall not, in the opinion of suchcourt, exceed fourteen years, or upon any female eitherupon the complaint of the party aggrieved or otherwise,the said court, if the assault or battery is of such anaggravated nature that it cannot, in their opinion, besaciently punished under the provisions hereinbefarecontained as to common assaults and batteries, mayproceed to hear and determine the same in a summaryway, and if the same be proved, may convict the prisoneraccused; and every such offender shall be liable toimprisonment with or without hard labour for a term notexceeding six months, or to pay a fine not exceeding(together with costs) the s u m of two thousand dollars, and, ifthe court shall so think fit, in any of the said cases, shall be

me inclasEon of his is adm r k dbm 5 / I m


25/48

OFFENCES AGAINST T H E PERSON 19bound to keep the peace, and be of good behaviour for aperiod not exseeding six months from the expiration ofsuch sentence. -.

41. If the court, upon the hearing of any such case of Justicemaydismissassault and battery upon the merits, where the complaintwas preferred by or on behalf of the party aggrieved under zzgeither section 39 or section 40 shall deem the offence notto be proved, or shall 6nd the assault or battery to havebeen justified, or so trifling as not to merit any punishment,and shall accordingly d i s m i s s the complaint, the court shallforthwith make out a certificate, stating the facts of suchdismissal, and shall deliver such certificate to the partyagainst whom the complaint was preferred.42. If any person against whom such complaint as is ctrtificatsmentioned in either section 39, 40 or 41 shall have been t i o n t o b o

preferred by or on behalf of the party aggrieved shall haveobtained such certificate, or, having been convicted, shall procseding~.have paid the whole amount adjudged to be paid, or shallhave suffered the imprisonment, or imprisonment with hardlabour awarded; in every such case, he shall be releasedfrom all further or other proceedings, civil or criminal, forthe same cause :Provided, that in case the court shall find the assault orbattery complained of to have been accompanied by anyattempt to commit felony, or shall be of opinion that thesame is from any other circumstance, a fit subject for aprosecution by indictment, they shall abstain from anyadjudication thereupon, and shall deal with the case inall respects in the same manner as if they had no authorityfinally to hear and determine the same:Provided also that nothing herein contained shallauthorize any Justices to hear and determine any case ofassault or battery in which any question shall arise as to

orcomic-

me inclusion of this page s authorized by L.N. 480/1W3]

i


26/48

20 OFFENCES A G A I N S T T H E PERSONthe title to any land, tenements, or hereditaments, or anyinterest therein, or accruing therefrom, or as to any bank-ruptcy or any execution under the process of any courtof justice.

Punishment

assaults.4211969

43. Whosoever shall be convicted upon an indictmentof any assault occasioning actual bodily harm shall beliable to be imprisoned fo r a term not exceeding three years,with or without hard labour; and whosoever shall be con-victed upon an indictment for a common assault shall beliable, to be imprisoned for a term not exceeding one year,with or without hard labour.

for commonand

3rd Sch.

Rape; Abduction and Defilementof Women44.-(1) Whosoever shall be convicted of the crime ofrape shall be guilty of felony, and being convicted thereof,shall be liable to imprisonment for life.(2) A person who is convicted of an attempt tocommit rape-

Rape.s.2.4211963

911972Sch.911972Sch.

a) where at the time of the attempt he was armedwith a dangerous or offensive weapon or instru-ment shall be liable to imprisonment for a termnot exceeding ten years; and

b) in any other case shall be liable to imprisonmentfor a term not exceeding seven years.(3) For the purposes of this section a firearm orimitation firearm shall, notwithstanding that it is notloaded or is otherwise incapable of discharging any shot,bullet o r othe r missile, be deemed to be a n offensive weaponor instrument.

firearm means any lethal barrelled weapon of any des-cription from which any shot, bullet or other missilecan be discharged;(4) In this section-

-[The inclusion of this page is authDlizcd by L.N. 480119731

OFFENCES AGAINST THE PERSON 21


27/48

imitation harm m e w anything which has the appeaFance of being a firearm, whether it is capable ofdischarging any shot, bullet or other missile or not.45. Whosoever shall, by false pretences, false represen-tations, or other fraudulent means, procure any woman :;or girl under the age of eighteen years to have illicit carnal u~daconnection with any man, shall beguilty of a misdemeanour, 1/1979

labour.

eighteen.and, being convicted thereof, shall be liable to be imprisoned 1st Sch.for a term not exceeding three years wth or without hard W .0/19 8

46.Whereas doubts have been entertained whether a pcnolu(iqtman who induces a m m i e d woman to permit him to have huabubi.connection with her, by personating her husband, is or isnot guilty of rape, it is hereby enacted and declared thatevery man so acting s h d be deemed to be guilty of rape.

ZEi?7. Any person who unlawfully and carnally knows orattempts to have unlawful carnal knowledge of any female iaotmidiot or imbecile woman or girl, under circumstances which imbcoilado not amount to rape but which prove that the offenderh e w at the time of the commission of the offence that thewoman or girl was an idiot or imbecile, shall be guilty of amisdemeanour, and being convicted thereof shall be liable tobe imprisoned for a term not exceeding three years, wi th or 301191without hard labour. al

4 8 . 4 1 ) Whosoever shall unlawfully and carnally know C ~ B I I Yguilty of felony, and being convicted thereof, shall bezliableto imprisonmentfor life.and abuse any girl under the age of twelve years shall be u l m d mS.2.9 /1WZsch.

(2) Any person who is convicted of an attempt to 3311%~have carnal knowledge of any girl under the age of twelve

22 OFFENCES AGAINST T H E FERWN


28/48

911972scb

Powaanindictmentsforcertainfe l cmbto findthe defend-ant guiltydaminasoffence.42119693rd Sch.

AbOWtwelveand undersixtcen3011988Sch.all963a2

301 1988seh.

aool bboldasado,inducingormconr-n a edetUemantpnm(ra.E%

years shall be liable to imprisonment for a term notexceeding ten years.4 9 .4 1 ) If upon the trial of any indictment for rape, he

jury are satisfied that the defendant is guilty of an offenceunder section 48 or 50, or of an indecent assault, butnot satisfied that the defendant is guilty of the felonycharged in the indictment or of an attempt to commit thesame, the jury may acquit the defendant of such felony andfind him guilty of an offence under section 48 or 50 or ofan indecent assault, and thereupon such defendant shall beliable to be punished in the same manner as if he had beenconvicted upon an indictment for such offence as afore-said, or for the misdemeanour of indecent assault.

(2) Subsection (1) shall apply to the tri al of anyindictment for an offence made felony by section 48 as itapplies to the t r ia l of any indictment for rape, so,however,that for the references in that subsection to sedion 48 or50 there shall be substituted a reference to section 50 only.50. Whosoever shall unlawfully and carnally know andabuse any girl being above the age of twelve years andunder the age of sixteen years shall be guilty of amisdemeanour, and being convicted thereof, shall be liableto imprisonment for a term not exceeding s e v e n years:

Provided that in the case of a man of twentythree yearsof age or under, the presence of reasonable cause to believethat the girl was over the age of sixteen years shall be avalid defence on the first occasion on which he is chargedwith an offence under this section.

51. Any person who,b e i i he owner or occupier of anypremises, or having, or acting or assisting in, the manage-ment or control thereof, induces or knowingly suffers anygirl of such age as is in this section mentioned to resort

OFFENCES AGAINST THE


29/48

PERSONto or be in or upon such premises for the purpose Or beingunlawfully and carnally known by any man,whether suchcarnal knowledge is intended to be with any particularman or generally-

(a) shall, if such girl is under the age of twelve years,be guilty of felony, and being convicted thereofshall be liable to be imprisoned for life, With or kh.without hard labour; and(b) if such girl is of or above the age of twelve andunder the age of sixteen years shall be gugty 30[19 8of a misdemeanour, and being convicted thereof Sch.shall be liable to be imprisoned for a term notexceeding five years with or without hard labour.

301 1988

52. Where on trial of any offence under this Act it is -dyofproved to the satisfaction of he court that the seduction P V I J = ~or prostitution of a girl under the age of sixteen years has 3D,Ip88been caused, encouraged, or favoured by her father, mother, s ~ h .guard ian, master o r m istress, it shall be in the power of thecourt to divest such father, mother, guardian, master ormistress, of all authority over her, and to appoint anyperson or persons willing to take charge of such girl to beher guardian until she has attained the age of eighteen, w9or any age below this as the court may direct, and a Judgeof the Supreme Court shall have the power from time totime to rescind or vary such order by the appointment ofany other person or persons as such guardian, or in anyother respect.

sixteen.

53. Whosoever shall be convictad of any indecent hdwsntassault upon any female, or of any attempt to have carnal 3311961knowledge of any girl under sixteen but not under twelveyears of age, shall be liable to be imprisoned for a term not SA.exceeding three years, with or without hard labour.

anault.off

inoluaionw l thin paoe h autlmized byW. 7/CtFMl

24 OFFENCES AGAINST THE PERSON


30/48

Consentof youngW o nto be nodcfcna inindecentassault.33119616.4.301 1988sch.

A b d d o nfrommotivaof lucrs.

111979IttSoh

42 19693 A Sch.

54. It shall be no defence to a charge or indictment foran indecent assault on a young person under the age ofsixteen years to prove that he or s h e consented to the actof indecency.

55. Where any woman of any age shall have anyinterest, whether legal or equitable, present or future,absolute, conditional, or contingent, in any real or personalestate, or shall be a presumptive heiress or co-heiress orpresumptive next of kin, or one of the presumptivenext of kin, to anyone having such interest, whoever shallfrom motives of lucre, t ke away or detain such womanagainst her will, with intent to marry or camally know her,or to cause her to be married or carnally known by anyother person, and whosoever shall fraudulently allure, takeaway, or detain such woman, being under the age ofeighteen years, out of the possession, and against the willof her father or mother, or of any other person havingthe lawful care or charge of her, with intent to marry orcarnally know her, or cause her to be married or carnallyknown by any other person, shall be gdty of felony, andbeing convicted thereof shall be liable to be imprisonedfor a term not exceeding fourteen years, with or withouthard labour; and whosoever shall be convicted of anyoffenceagainst this section shall be incapable of taking anyestate or interest, legal or equitable, in any real or personalproperty of such woman, or in which she shall have anysuch interest, or which shall come to her as such heiress,co-heiress, or next of kin as aforesaid; and if any suchmarriage as aforesaid shall have taken place, such propertyshall, upon such conviction, be settled in such manner as heSupreme court shall upon any information at the suit ofthe Attorney-General, appoint.

[Thc inclusion of this page N anlbrized by LN. 7/11989]



31/48

56. Whosoever shall by force take away or detain, FOSWabduction.against her will any woman of any age, with intent tomarry or carnally know her, or cause her to be marriedor carnally known by any other person, shall be guilty offelony, and, being convicted thereof, shall be liable to beimprisoned for a term not exceeding fourteen years, with gig;or without hard labour.

57. Whosoever shall Udawfully take, or cause to be AMnctionof girl undertaken any unmarried girl, being under the age of sixteenyears, out of the possession and against the will of herfather or mother,or of a n y other person having the lawfulcare or charge of her shall be guilty of a misdemeanour,and being convicted thereof, shall be liable to be imprisonedfor a term not exceeding three years with or without hard 3011988labour. sch.

Protection of Women and GidsRWurr(i0n8.-(1) A n y person who-

(U) procures or attempts to procure any girl orwoman under eighteen years of age, not being a I 11979common rostitute, or of known immord character, S t soh.to have unlawful carnal connection, either within orwjthout this Island, with any other person or per-sons; orb) procures or attempts to procure any woman orgirl to become, either within or without thisIsland, a common prostitute; orc ) procures or attempts to procure any woman orgirl to leave this Island with intent that sheshall become a prostitute, or an inmate of, orfrequent a brothel elsewhere; or(dj procures or attempts to procure any woman orgirl to leave her usual place of abode in thia

CI0c inclusionat thii page is authorizedby L.N. 17/1989J

26 OFFENCES AGAINST T HE PERSON


32/48

Island (such place not being a brothel), with intentthat she may, for the purposes of prostitution,become an inmate of or frequent a brothel withinor without this Island,shall be guilty of a misdemeanour, and being convictedthereof shall be liable to be imprisoned for a term notexceeding three years, wth or without hard labour:

Provided that no person shall be convicted of any offenceunder this section upon the evidence of one witness, unlesssuch witness be corroborated in some material particular byevidence implicating the accused.

(2) Any male person who is convicted under sub-section (1) may, in addition to any term of imprisonmentawarded in respect of the said offence, be sentenced to beonce privately whipped and the number of stroke8 and theinstrument with which theyshallbeinllictedshallbespecikdby theoourt n the sentence.(3) Any member of the Jamaica ConstabularyForce above the rank of corporal may take into custodywithout a warrant any person whom he shall have goodcause to suspect of having committed, or of attempting tocommit, any offence against subsection (1).

59. A n y person who-(a) by threats m intimidation procures m attemptsto procure any woman or girl to have anyunlawful carnal connection, either within orwithout this Idan4 or(b ) by false pretences or false representations procllresany woman m girl, not being a commonprostitute

or of known immoral character, to have anyunlawful carnal connection, either within or with-out this Island; orinclusion of this page h authomd by LN. 7/d989]



33/48

(c) applies, administers to, or causes to be taken byany woman or girl any drug matter, or thing,with intent to stupefy or overpower so as therebyto enable any person to have unlawful carnalconnection with such woman or girl;

(d) has or attempts to have unlawful carnal con-nection with any woman or girl, when partiallyor entirely stupefied or overpowered as aforesaid,shall be guilty of a misdemeanour, and being convictedthereof shall be liable to be imprisoned for a term not 30/1988exceeding threeyears wthor without hard labour: 9Eh.

Provided that no person shall be convicted of an offenceunder t h i s section upon the evidence of one witness only,unless such witness be corroborated in some materialparticular by evidence implicating the accused.60. Any person who with intent that any unmarried girl Abduction

under the age of eighteen years should be unlawfully and ; ,cducarnally known by any man, whether such cafnal know- 2Gledge is intended to be with any particular man, or carnalpossession and against the will of her father or mother,or any other person having the lawful care or charge of her,shall be guilty of a Inkdemeanour, and being convictedthereof shall be liable to be imprisoned for a term notProvided that it shall be a sufficient defence to anycharge under this section if it shall be made to appear tothe court or jury that the person so charged had reasonablecause to believe that the girl was of or above the age of

eighteen years.

generally, takes or causes to be taken such girl out of the Lnowledga

301 1988sah.xceeding threeyears with or without hard labour:

61. Any person who detains any woman or girl against uaiaarfulU) in or upon any premises with intent that she mrndmay be unlawfully and carnally known by any

detcnbont o haveh a wU- with intcnl

nhe inclusion of th* page is aucborizcd by LN 7/1989]



34/48

man, whether any particular man, or generally;Of

( b ) in any brothel,shall be guilty of a misdemeanour, and being CoIlVicttdthereof, shall be liable to be imprisoned for a term notexceeding threeyears, with or without hard labour.

Where a woman or girl is in or upon any premises forthe purpose of having any unlawful carnal connection, oris in any brothel, a person shall be deemed to detain suchwoman or girl in or upon such premises or in such brothel,if, with intent to compel or induce her to remain in orupon such premises or in such brothel, such personwithholds from such woman or girl any wearing apparel orother property belonging to her or, where wearing apparelhas been lent or otherwise supplied to such woman or girlby or by the diaxtion of such person, such person threatenssuch woman or girl wi th legal proceedings if she takesaway with her the wearing apparel so lent or supplied.

No legal proceedings whether civi l or criminal, shall betaken against any such woman or girl for taking away ofbeing found in possession of any such wearing apparelwas necessary to enable her to leave such premises orbrothel.

301W(DS6dr

er 02 62 If it appears to any Justice, on information madebefore him on oath by any parent, relative, or guardian ofany woman or girl, or any other person who, in the opinionof the Justice is born f i de acting in the interest of anywoman or girl, that there is reasonable cause to suspectthat suchwoman or girl is unlawfully detained for immoralpurposes by any person in any place within the jurisdictionof such Justice, such Justice m a y issue a warrantauthorizing any person named therein to search for, and,when found, to take to and detain in a place of safety such

uarfh,

i rrl usi nof hir p g s s auhrizedby LN. 7 / Q W

OFFENCES AGAINST T H E PERSON 29


35/48

woman or girl until she can be brought before a Justice;and the Justice before whom such woman o r girl is broughtmay cause her to be delivered up to her parents orguardians, or otherwise dealt with as circumstances maypermit or require.

The Justice issuing such warrant may, by the same orany other warrant, cause any person accused of so unlaw-fully detaining such woman or girl to be apprehended andbrought before a Justice, and pmcdmgs to be taken forpunishing such person according to law.A woman or girl shall be deemed to be nnlawfuIIydetained for immoral purposes if she is 80 detained for thepurpose of being unlawfully and carnally known by anyman, whether any particular man or generally, an(a) either is under the age of sixteenyears; M(b) if of or over the age of sixteen years, and underthe age of eighteen years, is so detained against

her will, or against the will of her father or motheror of any other person having the lawful Care orcharge of her; orc ) if of or above the age of eighteen years is sodetained against her wiU

Any person authorized by warrant under this sectionto search for any woman or girl so detained as aforesaidmay enter if need be by force) any house, building, orother place specified in such warrant, and may removemch woman or girl therefrom :

Provided always, that every warrant issued under thissection shall be addressed to and executed by a Superin-tendent, Assistant Superintendent or Inspector of Police,who shall be accompanied by the parent, relative, orguardian or other person making the information, if suchperson so desire unless the Justice s h a l l otherwise direct.

3011988Bfh.

CThe incluihn of thL page is Ursborizdby L.N. 17/198II]



36/48

Living mp r O l t i t U t i C U L

63.4) Every male person who-earningsof (a) knowingly lives wholly or in part on the earningS(6) n any public place persistently solicits or impor-

shall on summary conviction before a Resident Magistratebe liable to imprisonment, with or without hard labour,for a term not exceeding twelve months.(2) If it is made to appear to a Resident Magistrateby information on oath that there is reason to suspectthat any house or any part of a house is used by a femalefor purposes of prostitution, and that any male personresiding in or frequenting the house is living wholly orin part on the earnings of the prostitute, the ResidentMagistrate may issue a warrant authorizing any constable

to enter and search the house and to arrest that maleperson.(3) Where a male person is proved to live with of

to be habitually in the company of a prostitute, or is provedto have exercised control, direction, or influence over themovements of B prostitute in such a manner as to showthathe is aiding, abetting, or compelling her prostitution withany other person or generally, he shall, unlesshe can satisfythe court to the contrary, be deemed to be knowinglyliving on the earnings of prostitution.

(4) Every female who is proved to have, for thepurposes of gain, exercised control, direction, or influenceover the movements of a prostitute in such a manner aato show that she is aiding, abetting, or compelling haprostitution with any person, of generally, shall on sum-mary conviction before a Resident Magistrate be liable toimprisonment with or without hard labour for a term notexceeding one year.

of prostitution; ortunes for immoral purposes,

p30 nclusiond m* page s rizcd by LN. 7/1989l

OFFENCES AGAZNST THE PERSON


37/48

5 ) A person charged with an offence under thissection, may instead of being proceeded against before aResident Magistrate be proceeded against on indictmentbefore the Supreme Court and on conviction on indictmentbefore the Supreme Court shall be liable to imprisonment,with or without hard labour, for a term not exceedingtwo years, and, in the case of a second or subsequentconviction such second or subsequent conviction being aconviction on indictment before the Supreme Court, theCourt may, in addition to any term of imprisonmentawarded, sentence the offender if a male to be onceprivately whipped, and the number of strokes and theinstrument with which they shall be inflicted shall bespecified by the Court in the sentence.

6) The wife or husband of a person charged withan offence under this section may be called as a witnesseither far the prosecution or defence and without theconsent of he person charged, but nothing in this provisionshall affect a case where the wife or husband of a personcharged with an offence may at common law be called asa witness without the consent of that person.6 4 . 4 1 ) If any person having the custody, charge, or a a c p w s Lcare of a girl under the age of sixteen years'causa OT dfubnencourages the seduction, un1awfd carnal knowledge, or un*prostitution of, or the commission of an indecent assault 3011980

upon her, he shall be guilty of a misdemeanour and shatl .be liable to imprisonment for any term not exceeding threeY

&teen.

m.

(2) Far the purposes of this section a person shallbe deemed to have caused or encouraged the seduction,un-lawful carnal knowledge, or prostitution of, or the com-mission of 811 indecent assault upon a girl who has beenseduced, unlawfully carnally known,or indecently assaulted,or who has become a prostitute, if he has knowingly allowed



38/48

AllowiogPasOMundersixteentok nbrothels.301 19886ch.

her to consort with, or to enter or continue in the employ-ment of, any prostitute or person of known mmoral charac-ter.#.-U) If any person having the custody, charge, orcare of a child or young person who has attained the ageof four years and is under the age of sixteen years, allowsthat child or young person to reside in, or to frequent abrothel, he shall be guilty of a misdemeanour and shall beliable on conviction on indictment, or on summary con-viction before a Resident Magistrate, to a fine not exceeding

two thousand dollars, or to imprisonment, with or withouthard labour, for a term not exceeding one year or to bothsuch fine and imprisonment.(2) Nothing in this section shall afect the liabilityof a person to be indicted under section 51, but upon thetrial of a person under that section it shall be lawful forthe jury, if they are satisfied that he is guilty of an offence

under this section, to find him guilty of that offence.Suppression of Brothels

66. A n y person who-(a) keeps or manages or acts or assists in the management of a brothel; or6) being the tenant, lessee, occupier or person incharge of any premises, knowingly permits suchpremises or any part thereof to be used as abrothel or for the purposes of habitual prostitu-tion;orc ) being the lessor or landlord of any premises, orthe agent of such lessor or landlord, lets the ~ a m eor any part thereof with the knowledge that suchpremises or some part thereof are or is to be usedas a brothel, or is wilfully a party to the

i nclusi ol r d his page h d bl LN, 7/11989]



39/48

continued use of such premises or any part thereofas a brothe1,Jshall on summary conviction before a Resident Magistratebe l i a b l y

i) to a fine not exceeding two hundred dollars or toimprisonment, with or without hard labour, for aterm not exceeding three months; and(ii) on a second or subsequent conviction to a h e notexceeding five hundred dollars or to imprisonment,

with or without hard labour, for a term notexceeding six months;or, in any such case, to both fine and imprisonment.6 7 . 4 ) Upon the conviction of the tenant, lessee, or Tenants,lessees Ofoccupier of any premises of knowingly permitting the O C C U p i e n .premises, or any part thereof, to be used as a brothel, thelandlord or lessor shall be entitled to require the person so

convicted to assign the lease or other contract under whichthe said premises are held by him to some person approvedby the landlord or lessor, which approval shall not beunreasonably withheld, and, in the event of the person soconvicted failing within three months to assign the leaseor contract as aforesaid, the landlord or lessor, shall beentitled to determine the lease or other contract but withoutprejudice to the rights or remedies of any party to suchlease or contract accrued before the date of such determi-nation. If the landlord or.lessor should so determine thelease or other contract of tenancy, the court which hasconvicted the tenant, lessee or occupier shall have powerto make a summary order for delivery of possession to thelandlord or lessor.(2) If the landlord or lessor after such conviction ~ . a d l o r d ~has been brought to his notice fails to exercise his rights OrJclSora.under the foregoing provisions of this section and sub-sequently during the subsistence of the lease or contractme inclusion of this pnge is authorized by L.N. 480/1973]

34 OFFENCES AGAINST T H E PERSON


40/48

any such offence is again committed in respect of thepremises, the landlord or lessor shall be deemed to haveknowingly aided or abetted the commission of that offence,unless he proves that he had taken all reasonable steps toprevent the recurrence of the offence.

(3) Where a landlord or lessor determines a leaseor other contract under the powers conferred by thissection and subsequently grants another lease or entersinto another contract of tenancy to, with, or for the benefitof the same person without causing to be inserted in suchlease or contract all reasonable provisions for the preven-tion of a recurrence of any such offence as aforesaid, heshall be deemed to have failed to exercise his rights underthe foregoing provisions of this section, and any suchoffence as aforesaid committed during the subsistence of thesubsequent lease or contract shall be deemed, for the pur-poses of this section, to have been committed during thesubsistence of the previous lease or contract.

Search 6 8 4 1 ) If it is made to appear to a Justice by informa-tion on oath that there is reason to suspect that anypremises or part thereof is used as a brothel or for thepurposes of habitual prostitution, the Justice may issue awarrant authorizing any constable to enter and search thepremises, at any time of the day or night and with suchassistance and by such force as may be necessary, and toseize any article found therein which there is reasonableground for believing will d o r d evidence as to the com-mission of any offence of an obscene or immoral natureand to arrest any person found therein who there isreasonable cause to suspect is committing, or has com-mitted, any offence against t h i s Act.

2) Every person so arrested shall be detained incustody until he can be brought before, or shall give bailfor his appea

jm offences against the person act

Documents