Seychelles
Penal Code
Chapter 158
- Commenced on 1 February 1955
- [This is the version of this document at 1 June 2020.]
Part I – General provisions
Chapter I
Preliminary
1. Short title
This Act may be cited as The Penal Code and hereinafter is referred to as "this Code".[Note: There is no section 2 in the last official (1991) edition of this Cap.]3. Saving of certain laws
Nothing in this Code shall affect—Chapter II
Interpretation
4. General rule of construction
This Code shall be interpreted in accordance with the principled of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.5. Definition of certain expressions and terms
In this Code, unless the context otherwise requires—"Act" includes any orders or rules or regulations made under the authority of any Act;"court" means a court of competent jurisdiction; "dangerous harm" means harm endangering life;"dwelling-house" includes any building or structure or part of a building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, an it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house if there is a communication between such building or structure and the dwelling-house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise;"felony" means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with imprisonment for three years or more;"grievous harm" means any harm which amounts to a maim or dangerous harm, or seriously or permanently injuries health or which is likely so to injure health, or which extends to permanent disfigurement or to any permanent or serious injury to any external or internal organ, membrane or sense;"harm" means any bodily hurt, disease or disorder whether permanent or temporary;"judicial proceeding" includes any proceeding had or taken in or before any court, tribunal, commission of inquiry or person, in which evidence may be taken on oath;"knowingly" used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;"local authority" means a local authority established under any Act;"maim" means the destruction or permanent disabling of any external or internal organ, membrane or sense;"misdemeanour" means any offence which is not a felony;"money" includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;"night" or "night-time" means the interval between seven o’clock in the evening and half-past five o’clock in the morning;"oath" includes affirmation or declaration;"offence" is an act, attempt or omission punishable by law;"person" and "owner" and other like term when used with reference to property includes corporations of all kinds and any other association of persons capable of owning property, and also when so used includes the Republic or any person on behalf of the Republic;"person employed in the public service" means any person holding any of the following offices or performing the duty thereof whether as a deputy or otherwise, namely:—(a)any Civil Office the power of appointing a person to which is vested in the President or in any public commission or broad; or(b)any office to which a person is appointed or nominated by Act or statute or by election; or(c)any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of the two last preceding paragraphs of this section; or(d)any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any Act;and the said term further includes—(i)a Justice of the Peace;(ii)a member of a commission of inquiry appointed under or in pursuance of any Act;(iii)any person employed to execute any process of a court;(iv)all persons belonging to the Defence Force;(v)all persons in the employment of any government department;(vi)a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intending marriage or in the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;(vii)a person in the employ of a local authority;"possession", be in possession of" or "have in possession" (a) includes not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to, or occupied by oneself or not) for the use or benefit of oneself or of any other person; (b) if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody or possession of each and all of them;"property" includes anything animate or inanimate capable of being the subject of ownership;"public" refers not only to all persons within Seychelles, but also to the person inhabiting or using any particular place, pr any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;"public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;"public place" or "public premises" includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meeting or assembly or as an open court;"publicly" when applied to acts done means either (a) that they are so done in any public place as to be seen by any person whether such person be or be not in a public place,; or (b) that they are so done in any place not being a public place as to be likely to be seen by any person in a public place;"statute" means an Act of Parliament and includes any orders, rules regulations, bye-laws or other subsidiary legislation made or passed under the authority of any statute;"utter" means and includes using or dealing with and attempting to use or deal with an attempting to induce any person to use, deal with or act upon the thing in question;"valuable security" includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property;"vessel" includes a ship, a boat and every other kind of vessel used in navigation on the sea and includes aircraft;"wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membranes is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.Chapter III
Territorial application of this Code
6. Extent of jurisdiction of courts
The jurisdiction of the courts of Seychelles for the purpose of this Code extends to every place within Seychelles and any place over which the Republic has jurisdiction.7. Offence committed partly within and partly beyond the jurisdiction
When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.Chapter IV
General rules as to criminal responsibility
8. Ignorance of law
Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.9. Bona fide claim of right
A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.10. Intention and motive
Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident.Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to from an intention, is immaterial so far as regards criminal responsibility.11. Mistake of fact
A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act omission to any greater extent than if the real state of things had been such as he believed to exist.The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.12. Presumption of sanity
Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.13. Insanity
A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission.But a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects above mentioned in reference to that act or omission.14. Intoxication
15. Immature age
A person under the age of seven years is not criminally responsible for any act or omission.A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.16. Judicial officers
Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done.17. Compulsion
A person is not criminally responsible for an offence if it is committed by two or more offenders, and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence.18. Defence of person and property
Subject to any express provisions in this Code or any other law in operation in Seychelles criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of English common law.19. Use of force in effecting arrest
Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of such person, have regard to the gravity of the offence which had been or was being committed by such person and the circumstances in which such offence had been or was being committed by such person.20. Compulsion by husband
[repealed by Act 10 of 2005]21. Persons not to be twice criminally responsible for same offence
A person cannot be twice criminally responsible either under the provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.Chapter V
Parties and offences
22. Principal offenders
When an offence is committed, each of the following person is deemed to have taken part in committing the offence and be guilty of the offence, and may be charged with actually committing it, that is to say—23. Joint offenders
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.24. Counselling to commit an offence
When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counseled or a different one, or whether the offence is committed in the way counseled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.Chapter VI
Punishments
25. Different kinds of punishment
The following punishments may be inflicted by a court—26. Imprisonment
27. Minimum sentence
28. Fines
Where a fine is imposed under any law, then in the absence of express provisions relating to such fine in such law the following provisions shall apply:—29. Forfeiture
When any person is convicted of an offence under any of the following sections, namely, sections 91, 92, 93, 11, 112 and 374, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture to the Republic of any property which has passed in connection with the commission of the offence of, if such property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property; and any property or sum so forfeited shall be dealt with in such manner as the President may direct. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine.30. Compensation
Any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence. Any such compensation may be either in addition to or in substitution for any other punishment.30A. Compensation for owner deprived of property
31. Costs
Subject to the limitations imposed by section 146 of the Criminal Procedure Code a court may order any person convicted of an offence to pay the costs of and incidental to the prosecution or any part thereof.32. Security for keeping the peace
A person convicted of an offence not punishable with imprisonment for life may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and may be ordered to be imprisoned until such recognizance, with sureties if so directed, is entered into; but so that the imprisonment for not entering into the recognizance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.33. Repealed
[Repealed by the Probation of Offenders Act]34. Certain provisions of Criminal Procedure Code to apply to recognisances under sections 32 and 33
The provisions of sections 105, 106 and 108, of the Criminal Procedure Code shall apply mutatis mutandis to recognisances taken under section 32 of this Code.35. General punishment
When in this Code no punishment is especially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.36. Sentences cumulative, unless otherwise ordered
Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence, which is passed upon him under the subsequent conviction, shall be executed after the expiration of the former sentence, unless the court directs that it shall be executed concurrently with the former sentence or of any part thereof:Provided that it shall not be lawful for a court to direct that a sentence under Chapter XXVI, Chapter XXVIII or Chapter XXIX be executed or made to run concurrently with one another or that a sentence of imprisonment in default of a fine be executed concurrently with the former sentence under section 28(c)(i) of this Code, or any part thereof.37. Escaped convicts to serve unexpired sentences when recaptured
When sentence is passed under this Code on an escaped convict, such sentence—38. Repealed
[Repealed by the Probation of Offenders Act]Part II – Crimes
Division I – Offences against public order
Chapter VII
Treason and other offences against the authority of the Republic
39. Treason
40. Concealment of treason
A person who—41. Two witnesses necessary
A person shall not be convicted (except on his own plea of guilty) of an offence under section 39 or 40 upon the uncorroborated testimony of one witness.42. Limitations as to trials for treason
A prosecution for an offence under section 39 or 40 shall be commenced not later than two years after the commission of the offence.43. Repealed
[Repealed by Act 29 of 1976]44 Inciting to mutiny
Any person who advisedly attempts to effect any of the following purposes, that is to say45. Aiding in acts of mutiny
Any person who—46. Inducing desertion
Any person who, by any means whatever, directly or indirectly—47. Aiding prisoner of war to escape
Any person who—48. Definition of overt act
In the case of any of the offences defined in this chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the element of the offence, every act of conspiring with any person to effect that purpose and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.49. Definitions
For the purposes of the eight next following sections of this Code—"import" includes—(a)to bring into Seychelles; and(b)to bring within the territorial waters of Seychelles whether or not the publication is brought ashore, and whether or not there is an intention to bring the same ashore."publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication;"periodical publication" includes every publication issued periodically or in parts or numbers at intervals whether regular or irregular;"seditious publication" means a publication having a seditious intention;"seditious words" means words having a seditious intention;"the public interest" means the interests of defence, public safety, public order, public morality or public health.50. Power to prohibit importation of publication
51. Offences in relation to importation of prohibited publications
52. Delivery of prohibited publication to police station
53. Power to examine suspected packages
54. Seditious intention
55. Seditious offences
56. Legal proceedings
57. Evidence
No person shall be convicted of an offence under section 55 of this code on the uncorroborated testimony of one witness.58. Unlawful oath to commit capital offence
Any person who—59. Other unlawful oaths
Any person who—60 Defence of compulsion
A person who takes any such oath or engagement as is mentioned ins sections 58 and 59 cannot set up as a defence that he was compelled to do so, unless within fourteen days after taking it, or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information an oath before a magistrate, or, if he is on actual service in the Defence Force, or in the police force, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.61. Unlawful drilling
62. Publication of false news with intent to cause fear and alarm to the public
62A. Defamation of President
Any person who with intent to bring the President into hatred, ridicule or contempt publishes any defamatory or insulting matte whether in writing, print, word of mouth or in any other manner shall be guilty of an offence and liable to imprisonment for 3 years.Chapter VIII
Offences affecting relations with foreign states and external tranquility
63. Defamation of foreign princes
Any person who without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to degrade, revile or expose to hatred or contempt any foreign prince, potentate, ambassador or other foreign dignitary with intent to disturb peace and friendship between Seychelles and the country to which such prince, potentate, ambassador or dignitary belongs, is guilty of a misdemeanour.64. Repealed
[Repealed by S.I. 72 of 1976.]65. Piracy
Chapter IX
Unlawful societies, assemblies, riots and other offences against public tranquility
66. Definition of society and unlawful society
67. Managing unlawful society
Any person who manages or assists in the management of an unlawful society is guilty of a felony and is liable to imprisonment for seven years.68. Being member of unlawful society
Any person who—69. Prosecutions under sections 67 and 68
70. Power of entry, arrest, search, etc.
Any peace officer, and any police officer authorised in writing by a peace officer, may enter with or without assistance any house or building or into any place in which he had 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 or 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.For the purpose of this section, the expression "peace officer" means any magistrate or any police officer not below the rank of sergeant.71. Declaration by President
72. Forfeiture of insignia, etc.
Subject to the provisions of section 71, the insignia, banners, arms, books, papers, documents and other property belonging to an unlawful society shall be forfeited to the Republic, and shall be dealt with in such manner as the President may direct.73. Definition of unlawful assembly and riot
When three 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, they are an unlawful assembly.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.When an unlawful assembly has begun to execute the purpose for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled.74. Punishment of unlawful assembly
Any person who takes part in an unlawful assembly is guilty of a misdemeanour, and is liable to imprisonment for one year.75. Punishment of riot
Any person who takes part in a riot is guilty of a misdemeanour.76. Proclamation for rioters or assembly to disperse
A magistrate, a Justice of Peace within the area of his jurisdiction, a police officer of or above the rank of sub-inspector or such other person as the President may appoint, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.77. Dispersal of rioters or persons assembled after proclamation
If, after such proclamation made or if the making of such proclamation has been prevented by force, twelve or more persons continue so assembled together, any person authorised to make the proclamation, or any police officer, or any other person acting in aid of such person or police officer may do all things necessary for dispersing the persons so continuing assembled and for apprehending them or any of them, and, if any person makes resistence, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.78. Calling on military forces
79. Rioting or failure to disperse after proclamation
If such proclamation is made commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, after the making of such proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for five years.80. Obstructing proclamation
Any person who forcibly prevents or obstructs the making of such proclamation as is in section 76 mentioned is guilty of a felony, and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly is guilty of a felony and is liable to imprisonment for five years.81. Rioters destroying buildings, etc.
Any persons who, being riotously assembled together, unlawfully pull down or destroy or begin to pull down or destroy any building, machinery or structure are guilty of a felony, and each of them is liable to imprisonment for life.82. Injury to buildings by rioters
Any persons who, being riotously assembled together, unlawfully damage any of the things in section 81 mentioned are guilty of a felony, and each of them is liable to imprisonment for seven years.83. Riotously preventing sailing of ship
All persons are guilty of a misdemeanour who, being riotously assembled, unlawfully and with force prevent, hinder, or obstruct the loading or unloading, or the sailing or navigating of any vessel, or unlawfully and with force board any vessel with intent to do so.84. Possession of fire-arms, etc.
85. Forcible entry
Any person who, in order to take possession thereof enters on any lands or tenements in a violent manner, whether such violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, is guilty, of the misdemeanour termed forcible entry.It is immaterial whether he is entitled to enter on the land or not, provided that a person who enters upon lands or tenements of his own, but which are in the custody of his servant or bailiff, does not commit the offence of forcible entry.86. Forcible detainer
Any person who, being in actual possession of land without colour of right, holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land is guilty of the misdemeanour termed forcible detainer.87. Affray
Any person who takes part in a fight in a public place is guilty of a misdemeanour, and is liable to imprisonment for one year.88. Challenge to a duel
Any person who challenges another to fight in a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour.89. Threatening violence, etc.
Any person who—89A. Incitement to violence and disobedience of the law
90. Assembling to smuggle
Any persons who assemble together, to the number of two or more, for the purpose of unshipping, carrying or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs, are guilty of a misdemeanour, and each of them is liable to a fine not exceeding Rs. 1,000 or to imprisonment for six months.Division II - Offences against the administration of lawful authority
Chapter X
Corruption and the abuse of office
91. Official corruption
Any person who—92. Extortion by public officers
Any person who, being employed in the public service, takes or accepts from any person for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for seven years.93. Receipt of property for favours
Any person who, being employed in the public service, receives any property or benefit of any kind for himself, on the understanding, express or implied, that he shall favour the person giving the property or conferring the benefit, or any one in whom that person is interested, in any transaction then pending, or likely to take place, between the person giving the property or conferring the benefit, or any one in whom he is interested, and any person employed in the public service, is guilty of a felony, and is liable to imprisonment for five years.94. Officers with special duties to property
Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding directly or indirectly, a private interest in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of a felony, and is liable to imprisonment for five years.95. False claims by officials
Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of a misdemeanour and is liable for imprisonment for three years.96. Abuse of authority of office
Any person who, being employed in the public service, does or directs to be done, abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour and is liable to imprisonment for three years.If the act is done or directed to be done for purposes of gain he is guilty of a felony, and is liable to imprisonment for five years.A prosecution for any offence under this section or section 94 or 95 shall not be instituted except by or with the sanction of the Attorney General.97. False certificates by public officers
Any person who, being authorised or rehired by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificates which is, to his knowledge, false in any material particular is guilty of a misdemeanour and is liable to imprisonment for three years.98. Unauthorised administration of oaths
Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he had not by law any authority to do so is guilty of a misdemeanour and is liable to imprisonment for one year:Provided that this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate or a Justice of the Peace in any matter relating to the preservation of the peace or the punishment of offences re relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation, or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.99. False assumption of authority
Any person who—100. Personating public officers
Any person who—101. Threat of injury to persons employed in public services
Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person employed in the public service to be interested, for the purpose of inducing that person employed in the public service to do any act or to forbear or delay to do any act connected with the exercise of the public functions of such person employed in the public service, is guilty of a felony and is liable to imprisonment for five years.Chapter XI
Offences relating to the administration of justice
102. Perjury and subornation of perjury
103. False statement by interpreters
If any person, lawfully sworn as an interpreter in a judicial proceeding, willfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be guilty of perjury.104. Punishment of perjury and subornation
Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.105. Evidence on charge of perjury
A person cannot be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.105A. Contradictory statements
106. Fabricating evidence
Any person who, with intent to mislead any tribunal in any judicial proceeding—107. False swearing
Any person who swears falsely or makes a false affirmation or declaration before any person authorised to administer an oath or take a declaration upon a matter or public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury is guilty of a misdemeanour.108. Deceiving witnesses
Any person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour.109. Destroying evidence
Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, willfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour.110. Conspiracy to defeat justice and interference with witnesses
Any person commits a misdemeanour who—111. Compounding felonies
Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue, or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.112. Compounding penal actions
Any person who, having brought, or under pretence of bringing, an action against another person upon a penal Act or statute in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour.112A. Misprision of felony
113. Advertisements for stolen property
Any person who—114. Offences relating to judicial proceedings
114A. Sanction of Attorney General
No prosecution for an offence under section 104, section 105A or section 107 shall be commenced without the written consent of the Attorney General.Chapter XII
Rescues, Escapes and Obstructing Officers of Court of Law
115. Rescue
Any person, who by force rescues or attempts to rescue from lawful custody any other person—116. Escape
117. Aiding prisoners to escape
Any person who—118. Taking property under lawful seizure
Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process receives, removes, retains, conceals, or disposes of such property, is guilty of a felony, and is liable to imprisonment for three years.119. Obstructing court officers
Any person who willfully obstructs or resists any person law fully charged with the execution of an order or warrant of any court, is guilty of a misdeameanour, and is liable to imprisonment for one year.Chapter XIII
Miscellaneous offences against public authority
120. Frauds by public officers
Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a misdemeanour.121 Neglect of duty by public officers
Every person employed in the public service who willfully neglects to perform any duty which he is bound either by statute or Act to perform, provided that the discharge of such duty is not attended with greater danger than a man of ordinary firmness and activity may be expected to encounter, is guilty of a misdemeanour.122. False information to person employed in the public service
Whoever gives to any person employed in the public service any information which he knows or believes to be false intending thereby to cause, or knowing it to be likely that he will thereby cause such person employed in the public service—122A. False reports causing wasteful employment of police
123. Disobedience of statutory duty
Everyone who willfully disobeys any statute or Act by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, is guilty of a misdemeanour, and is liable, unless it appears from the statute or Act that it was the intention of the Legislature to provide some other penalty for such disobedience, to imprisonment for two years.124. Disobedience of lawful order
Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or person acting in any public capacity and duly authorised in that behalf, is guilty of a misdemeanour, and is liable, unless any other penalty or mode of proceeding is expressly prescribed in respect of such disobedience, to imprisonment for two years.Division III – Offences injuries to the public in general
Chapter XIV
Offences relating to religion
125. Insult to religion of any class
Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, is guilty of a misdemeanour.126. Disturbing religious assemblies
Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony, is guilty of a misdemeanour.127. Trespassing on burial places, etc.
Every person who with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of a misdemeanour.128. Writing or uttering words with intent to wound religious feelings
Any person who, with the deliberate intention of wounding the religious feelings of any other person, writes any word, or any person who, with the like intention, utters any word or makes any sound in the hearing of any other person or makes any gesture or places any object in the sight of any other person is guilty of misdemeanour and is liable to imprisonment for one year.129. Hindering burial of dead body, etc.
Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority in that behalf disinters, dissects, or harms the dead body of any person or, being under a duty to cause the dead body of any person or, being under a duty to cause the dead body of any person to be buried, fails to perform such duty, is guilty of a misdemeanour.In this section the word "burial" means burial in earth, interment or any other form or sepulture or the cremation or any other mode of disposal of a dead body and "buried" has a corresponding meaning.Chapter XV
Offences against morality
130. Sexual assault
131. Repealed
[Repealed by Act 15 of 1996]132. Repealed
[Repealed by Act 15 of 1996]133. Abduction
Any person who, with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.133A. Abduction of girls under eighteen years
134. Abduction of girls under sixteen
Any person who unlawfully takes an unmarried girl under the age of fifteen years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour.135. Sexual interference with a child
136. Sexual interference with dependant
137. Indecent Assault
A person who does an indecent act—138. Procuration
Any person who—139. Procuring defilement by threats, etc
Any person who—140. Householder permitting defilement of girls under thirteen
141. Detention of female in brothel and elsewhere
Any person who detains any woman or girl against her will—142. Power to search
If it appears to any magistrate, on information made before him on oath by any parent, relative or guardian of any woman or girl or other person who, in the opinion of the magistrate, is acting bona fide in the interests of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such magistrate, such magistrate may issue a warrant authorizing the person named therein to search for, and, when found, to take to and detain in a place of safety such woman or girl until she can be brought before a magistrate; and the magistrate before whom such woman or girl is brought may cause her to delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.A magistrate issuing such warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a magistrate and proceedings to be taken for punishing such person according to law.A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of being unlawfully and carnally known by any man, whether any particular man or generally, and—143. Procuring for prostitution for purposes of gain
Whoever for purposes of gain—144. Procuring for prostitution, etc., other than for purposes of gain Whoever—
145. Repealed
[Repealed by Act 15 of 1996]146. Conspiracy to defile
Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her is guilty of a felony, and is liable to imprisonment for three years.147. Abortion
Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing or uses any force of any kind, or uses any other means whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.148. Abortion by woman with child
Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony, and is liable to imprisonment for three years.149. Drugs and instruments for abortion
Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony, and is liable to imprisonment for three years.149A. Medical termination of pregnancy
A person shall not be guilty of a felony under section 147, 148 or 149 when a pregnancy is terminated under the Termination of Pregnancy Act.150. Knowledge of age in offences against women
Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman or girl under a specified age, that the accused person did not know that the woman or girl was under that age, or believed that she was not under that age.151. Unnatural offences
Any person who—151A. Incest
152. Display of or traffic in indecent material
153. Insulting the modesty of a person
A person who, with intent to insult the modesty of a person, utters any word, makes any sound or gesture or exhibits any object intending that the word or sound shall be heard, or that the gesture or object shall be seen, by the other person, or intrudes upon the privacy of the other person is guilty of an offence and liable to imprisonment for one year.154. Soliciting
A person who solicits another person in a public place for the purposes of prostitution is guilty of an offence and liable to imprisonment for two years.155. Brothel
156. Living on earning of prostitution
A person who—157. Repealed
[Repealed by Act 15 of 1996]157A. Prohibited observation and recording of private act
A person who observes or visually records another person, in circumstances where a person would expect to be afforded privacy –157B. Prohibited observation and recording of private parts
A person who observes or visually records another person’s private parts, in circumstances where a person would expect to be afforded privacy in relation to his or her private parts—157C. Possession of prohibited visual recording
A person who possesses a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent, commits an offence and is liable on conviction to imprisonment for a term of 20 years.[section 157C inserted by Act 7 of 2012 with effect from 27 August 2012]157D. Distribution of prohibited visual recording
A person who distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent, commits an offence and is liable on conviction to imprisonment for a term of 20 years.[section 157D inserted by Act 7 of 2012 with effect from 27 August 2012]157E. Interpretation
For the purpose of sections 157A, 157B, 157C and 157D –"distribute" includes—(a)communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not;(b)make available for access by someone, whether by a particular person or not;(c)enter into an agreement or arrangement to do something in paragraph (a) or (b); and(d)attempt to distribute."observe" means observation by any means whatsoever;"private act" means—(a)bathing and showering;(b)using a toilet;(c)any other activity where the person is in a state of nudity;(d)intimate sexual activity that is not ordinarily done in public;"private parts" means a person’s genital or anal region when bare or a female’s breast when bare;"private place" means a place where a person might reasonably be expected to be engaging in a private act;"prohibited visual recording of another person" means a visual recording of—(a)the person in a private place or engaging in a private act made in circumstances where a person would expect to be afforded privacy; or(b)a visual recording of the person’s private parts, when bare made in circumstances where a person would expect to be afforded privacy in relation to his or her private parts.[section 157E inserted by Act 7 of 2012 with effect from 27 August 2012]157F. Immunity
A person is not criminally responsible for an offence against sections 157A, 157B, 157C or 157D if—158. Repealed
[Repealed by Act 15 of 1996]Chapter XVI
Offences relating to marriage and domestic obligations
159. Fraudulent pretence of marriage
Any person who willfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, is guilty of a felony, and is liable to imprisonment for ten years.160. Bigamy
Any person who, having a husband or wife living, goes through a ceremony of marriage which is void by reason of its taking place during the life of such husband or wife, is guilty of a felony and is liable to imprisonment for five years:Provided that this section shall not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time.161. Fraudulently going through ceremony of marriage
Any person who dishonestly or with fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony, and is liable to imprisonment for five years.162. Desertion of children
Any person who being the parent, guardian or other person having the lawful care or charge of a child under the age of fourteen years, and being able to maintain such child, willfully and without lawful or reasonable cause deserts the child and leaves it without means or support, is guilty of a misdemeanour.163. Neglecting children
Any person who, being the parent or guardian or other person having the lawful care or charge of any child of tender years and unable to provide for itself, refuses or neglects (being able to do so) to provide sufficient food, clothes, bedding and other necessaries for such child, so as thereby to injure the health of such child, is guilty of a misdemeanour.164. Failure to provide for apprentice or servants
Any person who, being legally liable either as master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, willfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to such apprentice or servant so that the life of such apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of a misdemeanour.165. Child stealing
Any person who, with intent to deprive any parent, guardian, or other person who has the lawful care or charge of a child under the age of fourteen years, of the possession of such child—Chapter XVIA
Antisocial behaviour order
165A. Antisocial behaviour
Chapter XVII
Nuisances and offences against health and convenience
166. Common nuisance
Any person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury, or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights, commits the misdemeanour termed a common nuisance and is liable to imprisonment for one year.It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.167. Gaming houses
168. Search warrants
169. Presumptions
170. Lotteries
171. Keeper of premises defined
Any person who appears, acts, or behaves as master or mistress, or as the person having the care or management of any such house, room, set of rooms, or place as is mentioned in sections 167 and 170 is to be taken to be keeper thereof, whether he is or is not the real keeper.172. Traffic in obscene publications
173. Idle and disorderly persons
The following persons—173A. Prohibition of consumption of alcoholic liquor
Any person who consumes any alcoholic liquor—174. Rogues and vagabonds
The following persons—175. Wearing of uniform without authority
176. Negligent spreading of disease
Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour.177. Adulteration of food
Any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanour.178. Sale of adulterated food
Any person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing, or having reason to believe that the same is noxious as food or drink, is guilty of a misdemeanour.179. Adulteration of drugs
Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, of knowing it to be likely that it will be sold or used for, any medicinal purpose as if it had not undergone such adulteration, is guilty of a misdemeanour.180. Sale of adulterated drugs
Any person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medical purposes by any person not knowing of the adulteration, is guilty of a misdemeanour.181. Fouling water
Any person who voluntarily corrupts or fouls the water of any river, stream, spring or reservoir, whether public or private, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour.182. Fouling air
Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, is guilty of a misdemeanour.182A. Carrying out advice, etc., in matters of witchcraft
Any person who on the advice of any person pretending to the knowledge of witchcraft or of any non-natural or superstitious processes or in the exercise of any witchcraft or of any non-natural superstitious means shall use or cause to be put into operation such means or processes as he may have been advised or may believe to be calculated to influence or affect the mind, feelings or judgment of any person or to injure any person or any property, is guilty of a misdemeanour.183. Lighting fires, etc.
The following persons commit and are liable to be punished as for a common nuisance—Chapter XVIII
Defamation
184. Definition of libel
Any person who by print, writing, painting, effigy, or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of a misdemeanour termed "libel".185. Definition of defamatory matter
Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation. It is immaterial whether at the time of the publication of the defamatory matter the person concerning whom such matter is published is living or dead:Provided that no prosecution for the publication of defamatory matter concerning a dead person shall be instituted without the consent of the Attorney General.186. Publication
187. Unlawful publication
Any publication of defamatory matter concerning a person is within the meaning of this chapter, unless (a) the matter is true and it was for the public benefit that it should be published or (b) it is privileged on one of the grounds hereafter mentioned in this chapter.188. Absolute privilege
189. Conditional privilege
A publication of defamatory matter is privileged, on condition that it was published in good faith, if the relation between the parties by and to whom the publication is made is such that the person publishing the matter is under some legal, moral or social duty to publish it to the person to whom the publication is made or has a legitimate personal interest in so publishing it, provided that the publication does not exceed either in extent or matter what is reasonably sufficient for the occasion, and in any of the following cases, namely:—190. Good faith
A publication of defamatory matter shall not be deemed to have been made in good faith by a person, within the meaning of section 189, if it made to appear either—191. Presumptions as to good faith
If it is proved, on behalf of the accused person, that the defamatory matter was published under such circumstances that the publication would have been justified if made in good faith, the publication shall be presumed to have been made in good faith until the contrary is made to appear, either from the libel itself, or from the evidence given on behalf of the accused person, or from evidence given on the part of the prosecution.Division IV – Offences against the person
Chapter XIX
Murder and manslaughter
192. Manslaughter
Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed "manslaughter". An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.193. Murder
Any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder.194. Punishment of murder
*Any person convicted of murder shall be sentenced to imprisonment for life.[Please note: no footnote in original]195. Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.196. Malice aforethought
Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances:—196A. Persons suffering from diminished responsibility
197. Killing on provocation
When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as hereinafter defined, and before there is time for his passion to cool, he is guilty of manslaughter only.198. Provocation defined
The term "provocation" means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial, or fraternal relation, or in the relation of master or servant, to deprive him of the power of selfcontrol and to induce him to assault the person by whom the act or insult it done or offered.When such an act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give the latter provocation for an assault.A lawful act is not provocation to any person for an assault.An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault.An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.For the purposes of this section the expression "an ordinary person" shall mean an ordinary person of the community to which the accused belongs.199. Causing death defined
A person is deemed to have caused the death of another person although his act is not the immediate or not the sole cause of death in any of the following cases:—200. Child capable of being killed
A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the naval-string is severed or not.201. Limitation as to time of death
A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death.Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done.When the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased.When the cause of death is in part an unlawful act, and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later.Chapter XX
Duties relating to the preservation of life and health
202. Persons having charge
It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he is held to have caused any consequences which result to the life or health of the other person by reason of any omission to perform that duty.203. Head of family
It is the duty of every person who, as head of a family, has charge of a child under the age of fourteen years, being a member of his household, to provide the necessaries of life for such child; and he is held to have caused any consequences which result to the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not.204. Masters and mistresses
It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of sixteen years to provide the same; and he or she is held to have caused any consequences which result to that life or health of the servant or apprentice by reason of any omission to perform that duty.205. Person doing dangerous act
It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act; and he is held to have caused any consequences which result to the life or health of any person by reason of nay omission to observe or perform that duty.206. Person in charge of dangerous thing
It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health of any person may be endangered, to use reasonable care and take reasonable precautious to avoid such danger; and he is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.Chapter XXI
Offences connected with murder and suicide
207. Attempt to murder
Any person who—208. Attempt to murder by convict
Any person who, being under sentence of imprisonment for three years or more, attempts to commit murder, is liable to imprisonment for life.209. Accessory after the fact to murder
Any person who becomes an accessory after the fact to murder is guilty of a felony, and is liable to imprisonment for seven years.210. Written threat to murder
Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening to kill any person is guilty of a felony, and is liable to imprisonment for seven years.211. Conspiracy to murder
Any person who conspires with any other person to kill any person, whether such person is in Seychelles or elsewhere, is guilty of a felony, and is liable to imprisonment for eighteen years.212. Complicity in another’s suicide
Any person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, is guilty of a felony and is liable to imprisonment for fourteen years.213. Suicide pacts
214. Infanticide
Where a woman by any willful act or omission causes the death of her child being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.215. Killing unborn child
Any person who when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a felony and is liable to imprisonment for life.216. Concealment of birth
Any person who, when a woman is delivered of a child, endeavours, by any secret disposition of the dead body of the child to conceal the birth, whether the child died before, at, or after its birth, is guilty of the misdemeanour of concealment of birth and is liable to imprisonment for two years.Chapter XXII
Offences endangering life or health
217. Disabling with intent to commit crime
Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, renders or attempts to render any person incapable of resistance, is guilty of a felony, and is liable to imprisonment for life.218. Stupefying with intent
Any person who, with intent to commit or to facilitate the commissioner of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, administers or attempts to administer any stupefying or overpowering drug or thing to any person, is guilty of a felony, and is liable to imprisonment for life.219. Acts intended to cause grievous harm or to prevent arrests
Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resists or prevent the lawful arrest or detention of any person—220. Preventing escape from wreck
Any person who unlawfully—221. Grievous harm
Any person who unlawfully does grievous harm to another is guilty of a felony, and is liable to imprisonment for ten years.222. Placing explosive with intent
Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.223. Administering poison
Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him some grievous harm, is guilty of a felony, and is liable to imprisonment for fourteen years.224. Unlawful wounding or poisoning
Any person who—225. Failure to supply necessaries
Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be permanently injured, is guilty of a felony, and is liable to imprisonment for three years.226. Surgical operation
A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time, and to all the circumstances of the case.227. Excess of force
Any person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess.228. Consent
Notwithstanding anything contained in section 227, consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom such death or maim is caused.Chapter XXIII
Criminal recklessness and negligence
229. Reckless and negligent acts
Any person who in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any person—230. Other negligent acts causing harm
Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified in section 229, by which act or omission harm is caused to any person, is guilty of a misdemeanour, and is liable to imprisonment for six months.231. Dealing in poisonous substances in negligent manner
Whoever does with any poisonous substance any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, is guilty of a misdemeanour, and is liable to imprisonment for six months, or to a fine of Rs. 1,000.232. Exhibition of false lights, mark or buoy
Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, is liable to imprisonment for seven years.233. Unsafe or overloaded vessel
Any person who knowingly conveys, or cause to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of a misdemeanour.234. Obstructing public way or navigation
Any person who by doing any act, or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, is liable to a fine.Chapter XXIV
Assaults
235. Common assault
Any person who unlawfully assaults another is guilty of a misdemeanour, and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for two years.236. Assaults occasioning actual bodily harm
Any person who commits an assault occasioning actual bodily harm is guilty of a felony, and is liable to imprisonment for seven years.237. Assaults on persons protecting wrecks
Any person who assaults and strikes or wounds any magistrate, officer, or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded, or cast on shore, or lying under water, is guilty of a felony, and is liable to imprisonment for seven years.238. Assaults punishable with five years’ imprisonment
Any person who—Chapter XXV
Offences against liberty
239. Definition of kidnapping from Seychelles
Any person who conveys any person beyond the limits of Seychelles without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Seychelles.240. Kidnapping from lawful guardianship
Any person who takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.241. Abduction
Any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.242. Punishment for kidnapping
Any person who kidnaps any person from Seychelles or from lawful guardianship, is guilty of a felony, and is liable to imprisonment for ten years.243. Kidnapping or abducting with intent to murder
Any person who kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, is guilty of a felony, and is liable to imprisonment for fourteen years.244. Kidnapping with intent wrongfully to confine
Any person who kidnaps or abducts any person with intent to cause that person to be secretly and wrongly confined, is guilty of a felony, and is liable to imprisonment for seven years.245. Kidnapping with intent to do harm, slavery, etc.
Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of felony, and is liable to imprisonment for fourteen years.246. Wrongfully concealing kidnapped person
Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, is guilty of a felony, and shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains such person in confinement.247. Kidnapping child with intent to steal
Any person who kidnaps or abducts any child under the age of fourteen years with the intention of taking dishonestly and movable property from the person of such child, is guilty of a felony, and is liable to imprisonment for ten years.248. Punishment for wrongful confinement
Whoever wrongfully confines any person is guilty of a misdemeanour, and is liable to imprisonment for one year or to a fine of Rs.5,000.249. Buying or disposing of a person as slave
Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony, and is liable to imprisonment for ten years.250. Slave dealing
Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony, and is liable to imprisonment for fourteen years.251. Forced labour
Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour and is liable to imprisonment for three years.Division V – Offences relating to property
Chapter XXVI
Theft
252. Things capable of being stolen
Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen.Every inanimate thing which is the property of any person, and which is capable of being made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it.Every tame animal, whether tame by nature or wild by nature and tamed, which is the property of any person, is capable of being stolen.Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Seychelles, which are the property of any person, and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement.Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Seychelles, which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time.An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank, or other small enclosure, or is otherwise so placed that it cannot escape, and that its owner can take possession of it at pleasure.Wild animals in the enjoyment of their natural liberty are not capable of being stolen, but their dead bodies are capable of being stolen.Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen.253. Definition of theft
254. Special cases
255. Funds held on trust or under direction
When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge, or other disposition of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with.256. Funds received by agents for sale
When a person receives, either alone or jointly with another person, any property from another on terms authorizing or requiring him to sell it or otherwise dispose of it, and requiring him to pay or account for the proceeds of the property, or any part of such proceeds or to deliver anything received in exchange for the property to the person from whom it is received, or some other person, then the proceeds of the property, and anything so received in ex-Change for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account for them, and the relation of debtor and creditor only shall exist between them in respect thereof.257. Money received for another
When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it.258. Theft by owner
When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein, or that he himself is the owner of the thing taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, or that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society who are the owners of it.259. Husband and wife
A person who, while a man and his wife are living together, procures either of them to deal with anything which is, to his knowledge, the property of the other in a manner which would be theft if they were not married, is deemed to have stolen the thing, and may be charged with theft.260. General punishment for theft
A person who steals anything capable of being stolen is guilty of the felony termed theft, and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, to imprisonment for seven years.261. Stealing wills
If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years.262. Stealing postal matter
If the thing stolen is postal matter or any chattel, money, or valuable security contained in any postal matter, the offender is liable to imprisonment for ten years.263. Stealing cattle
If the thing stolen is any of the things following, that is to say: a horse, mare, gelding, ass, mule, bull, cow, ox, ram, wether, goat or pig, or the young of any such animal, the offender is liable to imprisonment for seven years.264. Stealing from the person, in transit, etc.
If a theft is committed under any of the circumstances following, that is to say—265. Stealing by public servants
If the offender is a person employed n the public service and the thing stolen is the property of the Republic or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for ten years.266. Stealing by clerks or servants
If the offender is a clerk or servant, and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for ten years.267. Stealing by directors or officers of companies
If the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, he is liable to imprisonment for ten years.268. Stealing by agents
If the thing stolen is any of the things following, that is to say—269. Stealing by tenants or lodgers
If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds Rs.60, he is liable to imprisonment for seven years.270. Stealing after previous conviction
If on the conviction of a person for theft under section 260 of this Code, he admits or it is proved that before committing such theft he had been convicted of a theft under the said section, he shall be liable to imprisonment for ten years.Chapter XXVII
Offences allied to stealing
271. Concealing registers
Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any Property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public office, is guilty of a felony, and is liable to imprisonment for ten years.272. Concealing wills
Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, is guilty of a felony, and is liable to imprisonment for ten years.273. Concealing title deeds
Any person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land, is guilty of a felony, and is liable to imprisonment for three years.274. Killing animal with intent to steal
Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of an offence, and is liable to the same punishment as if he had stolen the animal.275. Severing with intent to steal
Any person who makes anything movable with intent to steal it is guilty of an offence, and is liable to the dame punishment as if he had stolen the thing after it had become movable.276. Fraudulent disposal of mortgaged goods
277. Fraudulent dealing with ores
Any person who takes, conceals, or otherwise disposes of any ore or any metal or mineral in or about a mine, with intent to defraud any person, is guilty of a felony, and is liable to imprisonment for five years.278. Fraudulent appropriation of power
Any person who fraudently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating, or electrical power derived from any machine, apparatus, or sub-stance the property of another person, is guilty of a felony, and is liable to imprisonment for five years.279. Unlawful use of vehicles, animals, etc.
Any person who unlawfully and without colour of right, but not so as to be guilty of stealing, takes or converts to his own use or to the use of any other person, any draught or riding animal or any vehicle or cycle, however propelled, or any vessel, shall be guilty of a misdemeanour and shall be liable to imprisonment for six months, or to a fine of Rs.500 or to both such imprisonment and such fine.Chapter XXVIII
Robbery and extortion
280. Definition of robbery
Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony termed "robbery".281. Punishment of robbery
Any person who commits the felony of robbery is liable to imprisonment for eighteen years.If the offender is armed with any dangerous or offensive weapon or instrument, or is in company with one or more other person or persons, or if, at[Please note: sentence incomplete in original.]282. Attempted robbery
Any person who assaults any person with intent to steal anything, and, at or immediately before or immediately after the time of the assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, is guilty of a felony, and is liable to imprisonment for fourteen years.If the offender is armed with any dangerous or offensive weapon or instrument, or is in company with one or more other person or persons, or if, at or immediately before or immediately after the time of the assault, he wounds, beats, strikes, or uses any other personal violence to any person, he is liable to imprisonment for life.283. Assault with intent to steal
Any person who assaults any person with intent to steal anything is guilty of a felony, and is liable to imprisonment for ten years.284. Demanding property by written threat
Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, is guilty of a felony, and is liable to imprisonment for eighteen years.285. Threatening to accuse of crime with intent to extort
Any person who with intent to extort or gain anything from any person—286. Procuring execution of deed by threats
Any person who, with intent to defraud, and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person committing any felony or misdemeanour, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of nay offence, compels or induces any person—287. Demanding thing with threats with intent to steal
Any person who, with intent to steal any valuable thing, demands it from any person with menaces or force, is guilty of a felony, and is liable to imprisonment for ten years.Chapter XXIX
Burglary, housebreaking and similar offences
288. Definition of breaking and entering
A person who breaks any part, whether external, or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building.A person is deemed to enter a building as soon as any part of his body or any part of any instrument used by him in within the building.A person who obtains entrance into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.289. Breaking and entering dwelling-houses, etc.
Any person who—290. Entering dwelling-house with intent
Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit a felony therein, is guilty of a felony, and is liable to imprisonment for seven years.If the offence is committed in the night, the offender is liable to imprisonment for fourteen years.291. Breaking into shop, etc., and committing felony
Any person who—292. Breaking into shop, etc., with intent
Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, garage, pavilion, club, factory, workshop or counting-house, or a building which is adjacent to a dwelling-house and occupied with it but is no part of it, or any building used as a place of worship, with intent to commit a felony therein, is guilty of a felony, and is liable to imprisonment for five years.293. Armed, etc., with intent to commit felony
Any person who is found under any of the circumstances following, that is to say—294. Criminal trespass
Any person who—295. Forfeiture of housebreaking instruments
When any person is convicted of an offence under this chapter the court may order that any dangerous or offensive weapon or instrument of house-breaking carried or used in connection with any such offence shall be forfeited to the Republic.Chapter XXX
False pretences
296. Definition of a false pretence
Any representation made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false or does not believe to be true, is a false pretence:Provided however that, a person who enters into a contract without intending to perform his obligations thereunder shall be deemed to make a false pretence.297. Obtaining goods by false pretence
Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanour, and is liable to imprisonment for three years.298. Obtaining execution of security by false pretence
Any person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, indorse, alter, or destroy the whole or nay part of any valuable security, or to write any name or impress, or affix any seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of a misdemeanour, and is liable to imprisonment for three years.299. Cheating
Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen or induces any other person to deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or devices, is guilty of a misdemeanour, and is liable to imprisonment for three years.299A. Issuing cheque without provision
300. Obtaining credit by false pretence
Any person who—301. Conspiracy to defraud
Any person who conspires with another by deceit or any fraudulent means to affect the market price of anything publicly sold, or to defraud the public, or any person, whether a particular person or not, or to extort any property from any person, is guilty of a misdemeanour, and is liable to imprisonment for three years.302. Frauds on sale or mortgage of property
Any person who, being a seller or mortgagor of any property, or being the pleader or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud—303. Pretending to deal in witchcraft and offences connected therewith
304. Obtaining registration by false pretence
Any person who willfully procures or attempts to procure for himself or any other person any registration, licence or certificate under any law by any false pretence, is guilty of a misdemeanour, and is liable to imprisonment for one year.305. False declaration for passport
Any person who makes a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or for any other person, is guilty of a misdemeanour.306. Possession of unauthorized weights, measures
307. Possession of false weights
308. Use of false instrument for weighing or false weight
Chapter XXXI
Receiving property stolen or unlawfully obtained and like offences
309. Receiving property stolen or unlawfully obtained
310. Unlawful possession
Any person who has or had in his possession anything whatever which may be reasonably suspected of having been stolen or unlawfully obtained and who fails to give a satisfactory account to the court of how he came by the same is guilty of a misdemeanour.311. Tracing possession
312. Receiving property dishonestly acquired outside Seychelles
Any person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Seychelles the person committing it would have been guilty of felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside Seychelles, is guilty of an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for fourteen years.Chapter XXXII
Frauds by trustees and persons in a position of trust, and false accounting
313. Fraudulent conversion by trustees
Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use not authorised by the trust, is guilty of a felony, and is liable to imprisonment for ten years.For the purposes of this section the term "trustee" includes the following persons and no others, that is to say—314. Misappropriation and fraud by directors, and officers of corporation, etc.
Any person who—315. Fraudulent publications as to companies, etc.
Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the purposes following, that is to say—316. Fraudulent accounting by clerk
Any person who, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, does any of the acts following with intent to defraud, that is to say—317. Fraudulent accounting by public officer
Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under control, is guilty of a misdemeanour and is liable to imprisonment for three years.Division VI – Malicious injuries to property
Chapter XXXIII
Offences causing injury to property
318. Arson
Any person who willfully and unlawfully sets fire to—319. Attempts to commit arson
Any person who—320. Setting fire to crops, etc.
Any person who willfully and unlawfully sets fire to—321. Attempts to set fire to crops, etc.
Any person who—322. Casting away ships
Any person who—323. Attempts to cast ships
Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress, is guilty of a felony, and is liable to imprisonment for fourteen years.324. Injuring animals
Any person who willfully and unlawfully kills, maims, or wounds any animal capable of being stolen is guilty of an offence.If the animal in question is a horse, mare, gelding, ass, mule, bull, cow, ox, goat, pig, ram, ewe, wether, or the young of nay such animal, the offender is guilty of a felony, and is liable to imprisonment for seven years.In any other case the offender is guilty of a misdemeanour:Provided that a person who kills any sheep, goat, pig, dog or poultry on his own ground while such animal is doing damage to his property, shall not be liable to punishment under this section if he proves that on a previous occasion such animal had done damage to his property and that he had informed the owner of such animal of the fact.325. Other malicious injuries; general and special punishments
326. Attempted destruction by explosives
Any person who, unlawfully and with intent to destroy or damage any property, plus any explosive substance in any place whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.327. Spreading infectious disease among animals
Any person who willfully and unlawfully causes, or is concerned is causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a felony, and is liable to imprisonment for seven years.328. Boundary marks – removal of
Any person who willfully and unlawfully, and with intent to defraud, removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary and nay land, is guilty of a felony, and is liable to imprisonment for three years.329. Government boundary marks – damage to
Any person who—330. Threats to burn or destroy
Any person who, knowing the contents thereof, sends, delivers, utters, or directly or indirectly causes to be received, any letter or writing threatening to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce, whether in or under any building or not, or any ship or vessel, or to kill, maim, or wound any cattle, is guilty of a felony, and is liable to imprisonment for ten years.Division VII – Forgery, coining and counterfeiting
Chapter XXXIV
Definitions
331. Definition of forgery
Forgery is the making of a false document with intent to defraud or to deceive.332. Document
The term "document" in this division of this Code does not include a trade mark or any other sign used in connection with articles of commerce though they may be written or printed.333. Making a false document
Any person makes a false document who—334. Intent to defraud
An intent to defraud is presumed to exist if it appears that at the time when the false the false document was made there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document.Chapter XXXV
Punishments for forgery
335. General punishment for forgery
Any person who forges any document is guilty of an offence which, unless otherwise stated, is a felony, and he is liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for three years.336. Forgeries punishable by imprisonment for life
Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for life and the court may in addition order that any such document as aforesaid shall be forfeited to the Republic.337. Forgeries punishable by imprisonment for ten years
Any person who forges any judicial or official document is liable to imprisonment for ten years.338. Forgeries punishable by imprisonment for seven years
Any person who—339. Uttering false documents
Any person who knowingly and fraudulently utters a false document is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the thing in question.340. Uttering cancelled or exhausted documents
Any person who knowingly utters as and for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.341. Procuring execution by false pretence
Any person who, by means of any false and fraudulent representations as to the nature, contents, or operation of a document, procures another to sign or execute the document, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.342. Obliterating crossing on cheques
Any person who, with intent to defraud—343. Making documents without authority
Any person who, with intent to defraud or to deceive—344. Demanding property on forged will
Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document or thing by virtue whereof he procures the delivery or payment.345. Importing and purchasing forged bank notes
Any person who, without lawful authority or excuse, the proof of which lies on him, imports into Seychelles, or purchases or receives from any person, or has in his possession, a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of a felony, and is liable to imprisonment for seven years.346. Falsifying warrants for money
Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of a felony, and is liable to imprisonment for seven years.347. Falsification of register
Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false to be made in the register or record, is guilty of a felony, and is liable to imprisonment for seven years.348. False certificate of marriage
Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any documents purporting to be a certificate of marriage, which in any material particular s to his knowledge false, is guilty of a felony and is liable to imprisonment for seven years.349. False statement for registration
Any person who knowingly and with intent to procure the same to be inserted in a register of births, deaths, or marriages, makes any false statement touching any matter required by law to be registered in any such register, is guilty of a felony, and is liable to imprisonment for three years.Chapter XXXVI
Offences relating to coin and to bank and currency notes
350. Definitions
In this chapter—"coin" means any coin issued or deemed to have been issued by the Central Bank of Seychelles under the Central Bank of Seychelles Act and includes any coin of a foreign Sovereign or State;"counterfeit coin" means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination;"utter" includes "tender" and "pass";"stamp" means any stamp issued or to be issued hereafter by the government for the purpose of revenue and includes postage stamps.351. Counterfeiting coin
Any person who makes or begins to make any counterfeit coin is guilty of a felony, and is liable to imprisonment for life.352. Preparation for coining
Any person who—353. Making or having in possession paper or implements of forgery
Any person who, without lawful authority or excuse, the proof of which lies on him—354. Clipping
Any person who deals with any current coin in such a manner as to diminish its weights with intent that when so dealt with it may press as current coin, is guilty of a felony, and is liable to imprisonment for seven years.355. Melting down of currency
Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark, or uses otherwise than as currency any coin current for the time being in Seychelles is guilty of a misdemeanour, and is liable to imprisonment for six months or to a fine of Rs. 1,000, or both such fine and imprisonment.356. Impounding and destruction of counterfeit coin
Any officer of the government or the manager of any bank who receives, during the performance of his duties, any coin which he has reasonable ground for believing to be counterfeit coin shall impound such coin and transmit it to the Central Bank of Seychelles that a coin is counterfeit and that compensation shall be granted or withheld shall be final, and no person shall be entitled to claim and no proceedings or action shall be brought against the Central Bank of Seychelles, the government, the officer of the government concerned, the manager of the bank concerned or his bank in respect of any loss or damage suffered by reason of such impounding and cutting, defacing or destruction.357. Possession of clippings
Any person who unlawfully has in his possession or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with current gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of a felony, and is liable to imprisonment for seven years.358. Uttering counterfeit coin
Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of a misdemeanour.359. Repeated uttering
Any person who—360. Uttering metal or coin not current as coin
361. Selling articles bearing designs in imitation of currency
Any person who, without lawful authority or excuse, the proof whereof lies upon him, sells or offers or exposes for sale any article which bears a design in imitation of any currency or bank note or coin in current use in Seychelles or elsewhere is guilty of a misdemeanour, and is liable to imprisonment for six months.362. Exporting counterfeit coin
Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board of a vessel or vehicle of any kind for the purpose of being exported from Seychelles, any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a misdemeanour.363. Forfeiture or counterfeit coin, etc.
Unlawful interference with identity information
363A. Interpretation
For the purposes of sections 363A to 363G—"automated teller machine" means a terminal device and includes a point of sale device whether installed by a financial institution or other person which is linked directly or indirectly to a computer system used by a financial institution and which provides facilities to the customers of the financial institution;"card" means credit card, debit card or any other card issued by banks or other financial institutions for the purpose of accessing money or credit;"computer data" means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer;"computer password" means any computer data by which a computer service or computer is capable of being obtained or used;"computer program" means computer data representing instructions or statements that, when executed in a computer, causes the computer to perform a function;"computer" means any device including an automated teller machine, or a group of interconnected or related devices one or more of which—(a)contains computer programs or other computer data; and(b)by means of computer programs;(i)performs logic and control; and(ii)may perform any other function;"electro-magnetic, acoustic, mechanical or other device" means any device or apparatus that is used or is capable of being used to intercept any function of a computer;"function" includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer;"identity information" means any information including biological or physiological information of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, card number, card personal identification number, financial institution account number, passport number, National Identification Number or computer password;"intercept" includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof;"point of sale device" means any electronic device used to process payments; and"traffic" means, in respect of identity information, to sell, export from or import into Seychelles, distribute, transmit or deal with in any other way.363B. Dealing or in possession of prohibited items
363C. Interfering with a computer system
A person who intentionally and without authority inserts any device to a computer or interfere with a computer by changing, adding or removing any parts to or of the computer with the intention to cause the copying or photographing of identity information from a computer commits an offence and shall on conviction be liable to a fine not exceeding SCR 500, 000 or to imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.363D. Use of computer system to commit offence
363E. Possession of identity information
A person who intentionally and without authority obtains or possesses another person's identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an offence under section 363D, commits an offence and shall on conviction be liable to a fine not exceeding SCR 500, 000 or to imprisonment for a term not exceeding twenty years or to both such fine and imprisonment.363F. Trafficking in identity information
363G. Attempt, conspiracy etc.
Counterfeit Stamps
364. Possession of die for purpose of making stamps
Any person who, without lawful authority or excuse, the proof of which lies on him—365. Possession of paper for making stamps
Any person who, without lawful authority or excuse, the proof of which lies on him—Chapter XXXVII
Personation
366. General penalty for personation
Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of a misdemeanour.If the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the offence to obtain such property or possession thereof, he is liable to imprisonment for seven years.367. Falsely making acknowledgment
Any person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person, before any court or person lawfully authorised to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, is guilty of a misdemeanour.368. Personation of person named in certificate
Any person utters any document which has been issued by lawful authority to another person, and whereby that other person is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of nay office, or to be entitled to exercise any profession, trade, or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.369. Lending certificate for personation
Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade, or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives, or lends the document to another person with intent that that other may represent himself to be the person named therein, is guilty of a misdemeanour.370. Personating person named in a testimonial
Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, is guilty of a misdemeanour and is liable to imprisonment for one year.371. Lending testimonial
Any person who, being a person to whom any such document as is mentioned in section 370 has been given, gives, sells, or lends such document to another person with the intent that that other person may utter such document for the purpose of obtaining any employment, is guilty of a misdemeanour.Chapter XXXVIII
Secret commissions and corrupt practices
372. Interpretation
373. Corrupt practices
374. Secret commission on Government contracts
Any person convicted of an offence under this chapter shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with the government or any government department or a municipal council or board or other public body having power to impose rates or entrusted with the expenditure of any government funds or grants, or a sub-contract to execute any work comprised in such contract, be liable to imprisonment for fourteen years, or to a fine of Rs. 10,000.375. Presumption as to corrupt practices
Where in any proceedings against a person for an offence under this chapter it is proved that any money, gift or other consideration has been paid or given to or received by a person in the employment of the Republic or any government department or a municipal council or board or other public body having power to impose rates or entrusted with the expenditure of any government funds or grants, by or from a person or agent of a person holding or seeking to obtain a contract from the Republic or any government department or municipal council or board or other public body having power to impose rates or entrusted with the expenditure of any government funds or grants, the money, gift or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in this chapter, unless the contrary is proved.376. Consent of Attorney General to prosecution
A prosecution for an offence under this chapter shall not be instituted without the written consent of the Attorney General.Division VIII – Attempts and conspiracies to commit crimes, and accessories after the fact
Chapter XXXIX
Attempts
377. Attempt defined
When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is deemed to attempt to commit the offence.It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention.It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.377A. Soliciting or inciting others to commit offence
Any person who solicits or incites or attempts to procure another to do any act or make any omission of such a nature that, if the act were done or the omission were made, an offence would thereby be committed, whether by himself or by that other person, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself attempted to do the same act or make the same omission.378. General punishment for attempts
Any person who attempts to commit a felony or misdemeanour is guilty of an offence, which, unless otherwise stated, is a misdemeanour.379. Punishment for attempts to commit certain felonies
Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of ten years or upwards, with or without other punishment, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years.380. Neglect to prevent commission of a felony
Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour.Chapter XL
Conspiracies
381. Conspiracy to commit felony
Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Seychelles would be a felony, and which is an offence under the law in force in the place where it is proposed to be done, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser imprisonment.382. Conspiracy to commit misdeameanours
Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Seychelles would be a misdemeanour, and which is an offence under the law in force in the place where it is proposed to be done, is guilty of a misdemeanour.383. Other conspiracies
Any person who conspires with another to effect any of the purposes following, that is to say—Chapter XLI
Accessories after the fact
384. Definition
A person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, is said to become an accessory after the fact to the offence.A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting, in her husband’s presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become an accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.385. Punishment of accessories to felonies
Any person who becomes an accessory after the fact to felony, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for three years.386. Punishment of accessories to misdemeanours
Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour.History of this document
01 June 2020 this version
Consolidation
01 February 1955
Commenced
Subsidiary legislation
| Title | Numbered title |
|---|---|
| Amplification of Sound and Playing of Music (Control) Regulations | Statutory Instrument 81 of 1976 |
| Drum (Repeal) Regulation, 2018 | Statutory Instrument 57 of 2018 |
| Loudspeakers (Restriction of use) Regulations | Statutory Instrument 17 of 1965 |
| Possession of Catapult Prohibited in La Digue Island | Statutory Instrument 95 of 1965 |