ACT29 Criminal Offences Act, 1960 ACT 29 CRIMINAL OFFENCES ACT, 1960 ARRANGEMENT OF SECTIONS PART ONE, General Provisions CHAPTER ONE, Preliminary Matiers SECTION im LR 13, 4, 15, 16. 11. 18, 19, 20, 21. 22, 23. 24. 25, Interpretation. Company and its officers. Definition of public officer, General rules of construction. Application of Part One to other offences. Jurisdiction of territorial waters ‘Acts done partly beyond the jurisdiction, Exclusion of the common law. Offences under more than one enactment, Saving for contempt of court, CHAPTER TWO. General Explanations Intent. Negligence, Causing an event, Consent Claim of tight. Fraud. Meaning and use of threats. CHAPTER THREE Attempts to commit Criminal Offences Attempt to commit a criminal offence, Preparation for committing certain cri CHAPTER FOUR Abetment and Conspiracy ‘Abetment of a criminal offence. Abetment and the commission of a different criminal offence. Duty to prevent a felony, Conspiracy, Punishment for conspiracy. Harbouring criminal inal offences. M1701 Ussue 1]ACT 29 Criminal Offences Act, 1960 CHAPTER FIVE General Exemptions SECTION 26, Infant incapable of committing a criminal offence, 27. Special verdict in respect of an insane person. 28, Criminal liability of an intoxicated person. 29. Ignorance or mistake of fact or of law, PARTTWO Offences against the Person CHAPTER ONE Justifiable Force and Harm 30, Justification for force or harm. 31, Grounds on which foree or harm is justified 32, Goneral limits of justifiable force or harm, 33. Use of force under authority of an enactment. 34. Execution of sentence or order of a Court. 35. Use of force for preservation of order. 36. Use of force for arrest, detention or recapture, 37. Use of force for prevention of, or defence against, criminal offence. 38. Unlawful fights, 39. Use of force for defence of property or possession. 40. Use of force for preserving order on board a vessel. 41, Use of force for misconduct. 42. Use of force in case of consent 43. Use of force against a third person, 44, Use of additional force for exercise of justifiable force. 45. Justification of person aiding another person in use of justifiable force. CHAPTER TWO Murder and Similar Offences Murder and Manslaughter 46. Murder. 47. Definition of murder. 48, Attempt to commit murder, 49, Attempt to commit murder by convict. 49A. Genocide. 50. Manslaughter. 51. Definition of manslaughter. 52, Intentional murder reduced to manslaughter 53. Provocation 54, Exclusion of benetit of provocation. 55. Mistake as to matter of provocation. 56. Mistake as to person giving provocation, [sue 1] 11702ACT 29 Criminal Offences Act, 1960 Suicide and Abortion 57. Abetment of suicide. 58. Abortion or miscarriage 59, Explanation as to causing abortion. Causing Harm (0 Child at Birth and Conceatment of Birth 60, Causing harm to child at birth, 61. Explanation as to causing harm to chitd at birth. 62, Concealment of body of child, 63. Explanation as to concealment of body of child. Special Provisions relating to Murder 64, Causing death. 65. Abetment of murder. 66, Child.as the object of murder. 67. Medical or surgical treatment. 68. Jurisdiction in certain cases of murder. CHAPTER THREE Criminal Harm to the Person 69. Causing harm, 69A. Female gecital amtilation, 70. Use of offensive weapon. 71. Exposing child to danger. 72, Newligently causing harm, 73, Dangerous thing, negligently causing harm or danger 74, Theat of harm, 75, ‘Threat of death, 76. Definition of unlawful hatm, 77. Explanation as to causing harm by omission. 78. Duty to prevent harm to another person, 79. Duty to pive access to necessaries of health and life, 80. Explanation as to office. 81, Exceptions to causing an event, 82, Special provision as to medical or surgical treatment, 83, Causing harm by hindering escape from wreck. CHAPTER FOUR Assault and Similar Offences 84. Assault 85. Different kinds of assault. 86. Assault and battery. 87, Assault without actual battery, 8. Definition of, and provisions relating to, imprisonment. 88A, Cruel practices in relation to bereaved spouses. i 1703 [issue 2}ACT 29 Criminal Offences Act, 1960 CHAPTER FIVE. Kidnapping, Abduction and Similar Offences 89. Kidnapping, 90. Definition of kidnapping. 91. Abduction of child under eighteen, 92. Definition of abduction. 93. Child stealing, 94, Definition of child stealing. 95. Special provisions as to child stealing and abduction, 96. Abandonment of infant. CHAPTER SIX Sexual Offences 97. Rape. 98, Definition of rape. 99. Bvidence of camal knowledge. 100. Bffect of void or voidable marriage with respect to consent, 101. Defilement of child under sixteen years of age. 102. Carnal knowledge. 103. Indecent assault. 104, Unnatural carnal knowledge. 405, Incest. 106, Householder permitting defilement of a child 107. Procuration, 108, Seduction or prostitution of a child under sixteen. 109. Compulsion of mactiage. 110. Custody of child under sixteen years of age, LIL, Power to search for child detained for immoral purpose, CHAPTER SEVEN Libel! 112, Negligent and intentional libel, 113, Cases in which a person is guilty of libel. 114, Definition of defamatory matter. 115. Definition of publication, 116, Definition of unlawful publication. 117. When publication of defamatory matter is absolutely privileged. 118, When publication of defamatory matter is conditionally privileged. 119. Explanation as to good faith. 1. This Chapter was repeated by section 1 of the Criminal Code (Repeal of Criminal Libel and Seditious avs) (Amendment) Act, 2001 (Act 602). The application of its provisions generated so much heat and controversy that the provisions are retained initalies for historical purposes. flssue 2] 11-1704ACT29 Criminal Offences Act, 1960 PART THREE Offences against Rights of Property (CHAPTER ONE Offences involving Dishonesty General Provisions SECTION 120. Dishonest appropriation, 121, Part owners. 122, Acts which amount to an appropriation. 123, Subject matter of stealing, Stealing 124. Stealing. 125, Definition of stealing, 126, Consent by wife in case of stealing. 127. Stealing of thing found. 127A. ‘Stealing of telephone wires. Fraudulent Breach of Trust 128, Fraudulent breach of trust. 129, Definition of fraudulent breach of trust 130, Explanation as to a gratuitous truste. False Pretences and Other Frauds 131, Defrauding by false pretence. 132, Definition of defrauding by false pretence, 133. Definition of, and provisions relating to, a false pretence. 134. Personation, 135, Fictitious trading. 136, Distinction between stealing and false pretences. 137, Charlatanic advertisements in newspapers. 138. Fraud as to weights and measures. 139, Improper removal of or dealing with stamps. 140, Falsification of accounts, 141, Fraud in sale or mortgage of land. 142, Fraud as to boundaries or documents. 143, Fraud as to thing pledged or taken in execution 144, Fraud in removing goods to evade legal process. 145, Fraud by agents. Receiving 146. 147, Dishonestly receiving, 148, Possession of stolen property. a ~1705 {issue 1]ACT 29 Criminal Offences Act, 1960 Robbery and Extortion SECTION 149, Robbery. 150, Definition of robbery. 151. Extortion. Unlawful Enry 152. Unlawful entry. 153. Explanation as to unlawful entry. 154, Instruments intended or adapted for unlawful entry. 155. Being on premises for unlawful purposes. 156. Definition of owner and occupier. 157, “Trespass. CHAPTER TWO Forgery 158, Forgery of judicial or official document. 159. Forgery of other documents. 160. Forging hall-mark on gold or silver plate or bullion, 161. Forging trade-mark. 162, Forgery of, and other offences relating to, stamps, 163. Definition of trade-mark and official document. 164, Special provisions relating to forgery. 165. Possession of means of forging. 166, Possessing forged document. 167. Possession or doing an act with respect to document or stamp, 168. Definition of counterfeiting. 169. Uttering forged documents. 170. Imperfect imitation of forged document, 171. Special provision as to jurisdiction. CHAPTER THREE Untavful Damage 172, Causing unlawful damage. 173. Definition of damage. 174, Explanation of ualawfil damage. 175, Bxplanation as to amount of damage, 176. Poisoning or using dynamite in river. 177, Repairs endangering train, vessel or aircraft 178, Intentionally endangering train, vessel or aircraft 179, Interference with signal CHAPTER FOUR Special Offences 179A, Causing loss, damage or injury to property 4179B, Importation of explosives. (issue 1) E1706ACT29 Criminal Offences Act, 1960 SECTION 179C._ Using public office for profit, 1790. Penalty. PART FOUR Offences against Public Order, Health and Morality CHAPTER ONE Offences against the Safety of the State 180. Treason, 481. Misprision of treason, 182, Treason felony. 182A, Mn of certain organisations.” 183, and importation or publication of newspaper, sedition, 183A. Limitation on institution of procecdings. 183B, Unqualified persons siting or voting in Parliament, 184, Insulting the national flag or emblem, 185. False reports injuring the reputation of the State. 186, Aiding or permitting escape of prisoner of war. 187, Abetment of mutiny or desertion ot assault, 188, Abeiment of insubordination by sailor. 189. Unlawful training, 190. Evasion of military service. 191, Unlawful oath, 192. Possession of explosives, firearms and amonunition. CHAPTER TWO. Piracy 193, Piracy. 194, Punishment of piracy. 195, Hijacking and attack on international communications, CHAPTER THREE Offences against the Peace 196, Definition of riot. 197, Definition of violence. 198, Riot. 199, Rioting with weapons. 200, Provocation of riot 201. Definition of unlawful assembly. 202, Unlawful assembly. 202A. Forcible entry. 203. Fighting with weapons. 204, Disturbance of unlawful assembly. 2 Sections 182A, 183, 183A and 185 were repealed by the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 214 (Act 602). See remarks in Note 1, WI ~ 1707 Uissue 1]ACT 29 Criminal Offences Act, 1960 SECTION 205, Assault on public officer. 206. Carrying offensive weapons, 207. Offensive conduct conducive to breaches of peace. 208. Publication of false news, 209. Discharging guns in town. CHAPTER FOUR Offences concerning the Administration of Justice Perjury and Similar Offences 210. Perjury. 211, Definition of perjury. 212, Special explanation as to perjury. 213, Fabrication of evidence. 214. Definition of fabrication, 215. Deceit of Court by personation. 216, Deceit by paper resembling Court process. 217. Causing witness to disobey summons. 218. Causing person to refrain from giving evidence. 219. Disobedience to summons as witness. Interference with Legal Proceedings 220. Hindrance of inquest, 221, Neglect to hold inquest. 222, Violence in legal proceedings. 223, Disturbance of Court 224, Insulting Court, 225, Exciting prejudice as to legal proceeding. Rescue, Escape, Compounding Crime 226, Resisting arrest and rescue, 227. Breaches of prison discipline. 228, Smuggling things into prisons. 229, Interference with prisoners outside prisons. 230, Prison officer leaving prisoner when outside prison, 230A. Aiding escape. 231, Oppression by prison office 232, Preventing the death penalty. 233, Advertising reward for the return of stolen property. 234. Compounding crime, 235. Definition of compounding. CHAPTER FIVE Offences relating to Public Officers and to Public Elections 236. Refusal o serve in public office. 237. Falsely pretending to be public officer or juror. 238. Proof of falsity of pretence, Ossve 1] MI — 1708ACT29 Criminal Offences Act, 1960 SECTION 239, Corruption of and by public officer or juror. 240, Explanation as to corruption by public officers. 241, Explanation as to corruption of public officer. 242. Special explanation as to corruption of and by publi officer. 243, Corrupt agreement for lawful consideration. 244, Acceptance of bribe by publie officer, after doing act. 245. Promise of bribe to public officer, after act done. 246, Explanation as to oppression, 247. Explanation as to extortion. 248, False declaration for office or voting. 249, False certificate by public officer, 250. Destruction of document by public officer. 251, Deceiving a public officer. 252, Accepting or giving bribe to influence public officer or juror. 253. Conrupt promise by judicial officer or juror. 254, Corrupt selection of juror. 255, Prevention of election by Force. 256. Corruption, intimidation and personation in respect of election. 257, Definition of intimidation. 258, Falsitication of return at election 259, Explanation as to an election, 260. Withholding of public money by public officer. 261, Definition of valuable consideration. CHAPTER SIX Bigamy and Similar Offences 262, Bigamy. 263. Definition of and special provision as to bigamy. 264, Marriage to a person previously marred. 265, Marriages under customary law. 266, Fictitious marriage, 267. Personation in marriage 268, Unlawfully performing marriage ceremony, 269, Making false declaration for marriage. 270, False pretence of impediment to marriage: 271. Wilful neglect of duty to fill up or transmit certificate of marriage, 272, Mode of proving marriage or divorce, CHAPTER SEVEN Offences against Public Morals Brothels, Prostitution 273. Allowing persons under age to be in brothels. 274, Persons trading in prostitution. 275, Soliciting or importuning for immoral purposes. 276, Soliciting or importuning by prostitutes. WI—1709 fissue 1]ACT 29 Criminal Offences Act, 1960 SECTION 277. Keeping a brothel. 278, Gross indecency. 278A. Immoral or indecent customs or practices, bereaved spouses. 279, Definitions. Obscenity 280, Publication or sale of obscene material 281. Further offences relating to obscenity. 282, Indecent inscriptions. 283, Getting others to do the acts punishable under section 282, 284, Advertisement as to venercal disease, declared indecent, CHAPTER EIGHT Public Nuisance Hindering Burials 285, Hindering burial of dead body. Unwholesome Food 286, Selling unwholesome food. Noxious Trade 287. Canying on of noxious trade, interference with public rights. 288, Explanation as to carrying on of noxious trade, 289. Explanation as to obstruction of public way. Drunken, Riotous and Disorderly Conduct 290, Habitual drunkenness, 291, Drunk or disorderly. 292. Penalty for harbouring thieves, Drumming and Firing Guns 293. Using houses, in town for drumming, 294. Drumming near Court during sitting. 295, Drumming with intent to challenge or insult, Nuisances and Obstructions 296. Throwing rubbish in street. 297. Rubbish in front of premises, 298. Disturbing the peace in a public place. CHAPTER NINE, Offences relating to Animals 299, Taking and using cattle, without consent of owner 300, Stray cattle, 301. Using horse, with farcy or glanders in public way, 302, Destruction of dog or other animal suspected to be rabid. 303, Cruelty to animals Tissue 1] m-1710ACT29 Criminal Offences Act, 1960 SECTION 304, Prosecution of medical practitioners and veterinary surgeons. 305, Destruction of animal, 306, Court may deprive ownership. 307, Taking charge of anima 308, _ Destruction of stray dogs. 309, " Destruction of aged or neglected animals. 310, Interpretation CHAPTER TEN Miscellaneous Offences Taking Liquor on Ship LL. Taking liquor on board State ship Letters, Telegrams 312, Lotter written for illiterate person. 313, Sending false telegram, 313A. Issue of false cheque. Slave Dealing 314, Slave dealing. 314A, Prohibition of customary servitude. Trial by Ordeat 315. Trial by ordeal. 316, Present at, or making poison for, trial by ordeal, Unlareful Exportation of Cocoa 317. Smuggling and other evasion, 317A. Smuggling of gold, diamond, PART FIVE Consequential 318, Repeats. 319, Commencement and operat AN ACT to consolidate and amend the law relating to cri 3 ACT 29 CRIMINAL OFFENCES ACT, 1960° inal offences, ‘The Act was assented toon 12th July, 1964, m-1711 [Issue 1}ACT29 Criminal Offences Act, 1960 PART ONE General Provisions CHAPTER ONE Preliminary Matters 1, Interpretation In this Act, unless the context otherwise requires, “administer”, when used with reference to administering a substance to a person, means causing the substance to be taken or introduced into a part of a person’s body, ‘whether with or without the knowledge or consent of that person; “cattle” means the male, female, or young of an animal of the following kinds, namely, horse, ass, mule, kine, sheep, goat, or swine, and an animal, other than a dog, which is ordinarily kept or used as a beast of burden, or for draught, or for riding, or for the production of wool or of hair; “citizen” means a citizen of Ghana; “corporation” does not include a corporation sole; “criminal offence” has the meaning assigned to it by article 19 of the Constitution; “deliver” includes causing a person to receive a thing and permitting a person to take a thing, whether directly or by any other person; “duress” means force, harm, constraint, or threat, used with intent to cause a per- son against that person’s will to do or to abstain from doing an act; “Engineer-in-Chief of Public Works” includes an assistant engineer, a district or ‘an assistant district engineer, an inspector, a sub-inspector, a foreman of works, a sur- veyor, an assistant surveyor, oa foreman of roads; “export” means export from the Republic; “felony”, “first degree felony” and “second degree felony” shall be construed in accordance with section 296 of the Criminal and Other Offences (Procedure) ‘Act, 1960 (Act 30); “gaoler” means the keeper or other officer having the charge of a prison; “harm” means a bodily hurt, disease, or disorder whether permanent or temporary; “health officer” includes the Chief Medical Officer, any other medical officer, and a person appointed as health officer; ‘import” means to import into the Republic; \dictable offence” means an offence punishable on indictment; ‘judicial proceeding” includes a civil or criminal trial, and an enquiry or investi- gulion held by a judicial officer in pursuance of a duty or an authority; jury” includes a Justice in cases where a judge, whether with or without asses- sors, tries a case without a jury; “Mi ister” means Minister responsible for Justice; {issue 1) uk-1712AcT29 Criminal Offences Act, 1960 “misdemeanour” shall be construed in accordance with section 296 of the Crimi- nal and other Offences (Procedure) Act, 1960; “night” means the time between the hour of seven in the evening of a day and the hour of six in the following morning; “order” includes a conviction; ‘peace officer” means a person who is, or is acting as, a constable or special con- stable, or lawfully acting in aid of a constable or special constable; “person”, for the purposes of a provision of this Act relating to defrauding a per- son or to committing. a criminal offence against the property of a person, includes the Republic; and expressions referring to the “public” refer not only to the citizens of the Republic as a whole, but also (@) to the persons inhabiting or using a particular place, or a number of those persons, and (8) to indeterminate persons as happen to be affected by the conduct with ret erence to which the expressions are used; “public place” includes a public way and a building, place, or conveyance to which the public are entitled or permitted to have access, without a condition of mak- ing a payment, or on condition of making a payment, and a building or place which is. used for a public or religious meeting or assembly, or as an open Court; and acts are done “publiely”” (@ if they are done in a public place as are likely to be seen by a person, whether that person is or is not in a public place; or (6) if they are done ina place, which is not a public place, but are likely to be seen by a person in a public place; “public way” includes a highway, market place, lorry park, square, street, bridge, or any other way which is lawfully used by the public; “send” includes causing or attempting in any manner to cause a thing to be re- ceived by a person; “summary offence” means a criminal or any other offence punishable on sum- mary conviction under an enactment; “town” means (@ the area of authorit (8) aplace to which the Towns Act applies; or (©) a place, whether a town or not, which the Minister may, by executive in- strument, determine to be a town; “vehicle” includes a cart, bicycle, tricycle, and any other carriage on wheel; “will” when used with respect to a document, means a testamentary document, whether the document is formal or informal, complete or incomplete. W-1713 Lissve 1)ACT 29 Criminal Offences Act, 1960 ‘Company and its officers () A company, includes a partnership or an association whether corporate or unin- corporated, and whether the purposes are or are not the carrying on of a trade or business, and whether it is in the course of formation or is actually formed, or is in the course of dissolution, winding-up or liquidation, (2) A company is in the course of formation as soon as an act is done for the purpose of forming if; and itis immaterial whether or not it is at any time actually formed, (3) In relation to a company of a corporation (@) “officer” includes an auditor, accountant, officer, a chairman, director, trustee, manager, secretary, treasurer, cashier, clerk, or any other person provisionally, permanently, or temporarily charged with a duty or perform- ing a function in respect of the affairs of the company or corporation, whether for or without remuneration; (®) “account” includes a book, register, balance sheet, or document in writing relating to the affairs of the company or corporation, whether those affairs are or are not the ordinary business or object of the company or corporation. 3. Definition of public officer (1) The expression “public officer” shall be consirued by reference to the definition of “public office” in article 295 of the Constitution, and for the purposes of this Act, in- cludes a person holding an office by election or appointment under an enactment or under powers conferred by an enactment. (2) A person acting as a minister of religion or as an ecclesiastical officer, of a de- nomination, is a public officer where that person performs functions in respect of the no- tification of intended marriage, or in respect of the solemnisation of marriage, or in te- spect of the making or keeping of a register or certificate of marriage, birth, baptism, death, or burial, but not in any other respect. (3) For the purposes of this Act, (@ “civil office” means a public office in the Armed Forces; (6) “judicial officer” means the holder of a judicial office as defined in arti- cle 161 of the Constitution, (4) Itis immaterial, for the purposes of this section, whether a person is or is not enti- tled to a salary or any other remuneration in respect of the duties of office. (8) The expression “public election” shall be construed by reference to article 49 of the Constitution, and includes an election the qualification for voting at which, or the mode of voting at wl determined or regulated by an enactment. 4, General rules of construction (1) This Act shall not be construed strictly, either as against the Republic or as against a person accused of a criminal offence, but shall be construed amply and benefi- cially for giving effect to the purposes of this Act. (2) In the construction of this Act, a Court is not bound by a judicial decision or o} ion on the construction of any other enactment, or of the common law, as to the definition. (issue 1] m—1714ACT29 Criminal Offences Act, 1960 of a criminal offence or any other offences or of an element of a criminal offence or of any other offence. (3) The illustrations set out in this Act form part of this Act and may be used as aids to its construction, but they do not limit the generality of a provision of this Act. 5. Application of Part One to other offences Where under a provision of a law other than this Act, an offence is created, this Part shall apply, except where a contrary intention appears, to the offence as it applies to a criminal offence under this Act. 6. Jurisdiction of territorial waters Repealed.’ 7. Acts done partly beyond the jurisdiction Repealed’ 8. Exclusion of the common law A person is not liable to punishment by the common Taw for an act. Offences under more than one enactment (2) Subject to article 19 of the Constitution, where an act constitutes criminal of- fence or an offence under two or more enactments, the offender is liable to be prosecuted and punished under either of the two, or any of those enactments, but the offender shall not be punished twice for the same offence, criminal or otherwise. (2) Subsection (1) does not affect a right conferred by an enactment on a person to take disciplinary measures against the offender in respect of the act constituting the offence. 10. Saving for contempt of court “This Act does not affect the power of a Court fo punish a person for contempt of Court, CHAPTER TWO General Explanations AL. Intent (2) Where a person does an act for the purpose of causing or contributing to cause an covent, that person intends to cause that event, within the meaning of this Act, although in fact, or in the belief of that person or both in fact and also in that belief, the act is unlikely to cause or to contribute to cause the event. (2) A person who does an act voluntarily, believing that it will probably cause or con- tribute to cause an event, intends to cause that event, within the meaning of this Act, 4, By tho Third Schedule to the Courts Act, 1972 (Act 372). 5. By the Third Schedule to the Courts Act, 1972 (Act 372). Wl —1715 (issue 1]ACT29 Criminal Offences Act, 1960 although that person does not do the act for the purpose of causing or of contributing to cause the event. (3) A person who does an act of a kind or in a manner that, if reasonable caution and observation had been used, it would appear to that person (@ that the act would probably cause or contribute to cause an event, or ®) that there would be great risk of the act causing or contributing to cause an event, intends, for the purposes of this section, to cause that event until it is shown that that per- son believed that the act would probably not cause or contribute to cause the event, or that there was not an intention to cause or contribute to il, (4) A person who, intending to cause an event with respect to one or any of several persons or things, or to an indetesminate person or thing as may happen to be affected by the event, causes the event with respect to that person or thing, and is liable in the same manner as if the intention has been to cause the event with respect to that person or thing, (8) A person who does an act with intent to assault, harm, kill, or cause any other event to a particular person, which act takes effect, whether completely or incompletely, against a different person, is liable to be tried and punished as if the intent had been di- rected against that different person. (© For the purposes of subsection (5), a ground of defence or extenuation is admissi- ble on behalf of the accused person which would have been admissible if the act had taken effect against the person in respect of whom, or the thing in respect of which, the accused person intended it to take effect. HMlustrations Subsection (1) A discharges a gun for the purpose of shooting B, and actually hits B. It is immaterial that B. was at a distance, or in a situation where the shot would most probably miss B. Subsection (2) A, for the purpose of causing the miscarriage of B, administers to Ba medicine which A knows to be dangerous to life. It is immaterial that A earnestly desires to avoid causing B’s death, and uses every precaution to avoid causing it. Subsection (3) A discharges a gun among a crowd of persons, and one of them is shot, A may be presumed to have intended to cause harm, unless A can show that A had ground for believing that harm would not be caused. Subsection (4) A, in the last illustration, is punishable as if A had purposed to cause the harm to the person to whom it was in fact caused, Subsection (5) A unlawfully strikes at B, but the blow happens to miss B, and to hit a constable. A is punishable as ifA had purposed to hit the constable, 12, Negligence A person causes an event negligently, where, without intending to cause the event, that person causes it by a voluntary act, done without the skill and care that are.reasona- bly necessary under the circumstances. (issue 1] M1716ACT 29 Criminal Offences Act, 1960 Mlustrations 1. A,a woman who does not have knowledge of midwifery, acts as a midwife, and through her want of skill she causes death. Here, if A knew that a prop- erly qualified midwife or surgeon could be procured, the fact of A so acting without possessing proper skill and without a necessity for so acting, is evidence of negligence, although it appears that she did her best But if the emergeney was sudden, and a properly qualified midwife or surgeon could not be procured, A has nol acted negligently, provided she did the best she could under the circumstances. 2. A chemist sells poison so made up as to be liable to be mistaken for a harmless medicine, This is evidence of negligence. 3, If the law directs poisons to be sold only in bottles of a particular kind, and te chemist sells poison in a common bottle, this is evidence of negligence, even though the common bottle is labeled “Poison”, A, knowing a horse to be dangerously vicious, rides it through a crowd, and it becomes excited by the noise and throng, and kicks B. A. is negligent within the meaning of this section, although A had and used all possible skill in riding. 5. An acrobat carries a child on a tight-rope at a great height. The acrobat happens to miss a foot and the child is killed. ‘The acrobat has acted negli- gently, although the acrobat had used all possible skill in rope-walking. 13. Causing an event (1) A person who intentionally causes an involuntary agent to cause an event, shall be deemed to have caused the event, (2) For the purposes of subsection (1), “involuntary agent” means an animal or any other thing, and also a person who is exempted from liability to punishment for causing the event, by reason of infancy, or insanity, or otherwise, under a provi (3) Where an event is caused by the acts of several persons acting jointly or inde- pendently, cach of those persons who intentionally or negligently contributed to cause the event has, for the purposes of this Act, and, subject to subsections (4) and (5) and to the provisions of this Part with respect to abetment, caused the event; but a matter of exemp- tion, justification, extenuation, or aggravation which exists in the case of any one of those persons shall have effect in favour of that one person, whether it exists or not in the case of any of the other persons. (4) A person shall not be convicted of having intentionally or negligently caused an event if, irrespective of the act of that person and the acts of any of the persons acting jointly with that person, the event would not have happened but for the existence of a state of facts, or the intervention of any other event or of any other person, the probability of the existence or intervention of which other event or person the accused person did not take into consideration, and did not have a reason to take into consideration, (5) Subsection (4) does not apply where a person is charged with having caused an event by an omission to discharge a duty for averting the event. m-1717 Dssue 1]ACT29 Criminal Offences Act, 1960 © A person beyond the jurisdiction of the Courts, who causes a voluntary agent to cause an event within the jurisdiction, shall be deemed to have caused the event within the jurisdiction. (7) Subject to this section, and to the special provisions of a particular section of this Act, it is a question of fact whether an event is fairly and reasonably to be ascribed to a person’s act as having been caused by that act. (8) Apperson shall not, by reason of anything in this section, be relieved (a) froma liabil respect of an attempt to cause an event; or (®) from a liability in respect of a negligent conduct, if the negligent conduct is punishable under this Act irrespective of whether it actually causes an event, Illustrations Subsection (1) 1. A gives poisoned sweetmeats to a child, who eats some and gives the rest to other children. A has poisoned the first child and the other children. 2. A induces a child under twelve years to steal a thing for A. A has stolen the thing? 3. A induces a madman to kill himself. A has killed the madman. 4. A causes a dog to harm B.A has caused the harm to B. Subsection (3) A railway collision is caused partly by the neglect of A, a station mas- ter, to signal a train; partly by the neglect of B, a pointsman, to arrange the points; partly by the carelessness of C, D, E, and F, the drivers and guards of the train. A, B,C, D, E, and F, have each caused the collision, although it would not have happened if any one of them had used proper skill and care, Subsection (4) 1. A rides a vicious horse in a crowd. B wantonly strikes the horse, and it kicks C. In this case, B, and not A, has caused the harm to C. 2, A, who is a signal-man improperly leaves his post. B, who is a trespasser, in A’s absence unlawfully alters the signals, and a collision ensues. A is punishable as for having negligently caused the collision by omission to at- tend to his duty. B is also punishable for having intentionally or negligently caused the collision. Subsection (6) A, in Lagos, posts a letter to B in Accra, borrowing money from B on the credit of a cargo which A by the letter falsely represent that A has shipped for B. B sends the money on the faith of the representation. A has defrauded B in Accra, Subsection (8) A shoots from a distance at B who is on horseback, with the intent to ‘maim B. B’s horse is startled by the shot and throws B, who is killed by the fall. Here, by reason of the rule in subsection (4), A cannot be convicted of having intentionally or negligently tuted by section 1 of the Criminal Code (Amendment) Act, 1998 (Act $54). (issue 1} M1718Acr29 Criminal Offences Act, 1960 killing B (unless A expected, or had reason (o expect, that B’s horse would be startled), B But A is punishable for the attempt to 14, Consent In construing a provision of this Act where il is required for a criminal act or criminal intent that an act should be done or intended to be done without a person’s consent, or where it is required for a malter of justification or exemption that an act should be done with a person’s consent, @ © © @ © @) ® a consent is void if the person giving the consent is under twelve yeurs of age, or in the case of an act involving a sexual offence, sixteen years, or is, by reason of insanity or of immaturity, or of any other permanent or tempo- rary incapability whether from intoxication or any other cause, unable to understand the nature or consequences of the act to which the consent is given; a consent is void if it is obtained by means of deceit or of duress; 4 consent is void if it is obtained by or under the exercise of an official, a parental, or any other authority; and the authority which is exercised other- wise than in good faith for the purposes for which it is allowed by law, is for the purposes of this section, a power unduly exercised a consent given on behalf of a person by the parent, guardian of thal per- son, of any other person authorised by law to give or refuse consent on be- half of that person, is void if it is not given in good faith for the benefit of the person on whose behalf itis given; consent does not have effect if it is given by reason of a fundamental mis- take of fact; a consent is, for the purposes of this section, obtained by means of deceit or duress, or of the undue exercise of authority, or to have been given by rea- son of a mistake of fact, if it would have been refused but for the deceit, duress, exercise of authority, or mistakes the exercise of authority, for the purposes of this section, is not limited 10 the exercise of authority by way of command, but includes influence or ad- vice purporting to be used or given by virtue of an author ‘a person shall not be prejudiced by the invalidity of a consent if that person did not know, and could not by the exercise of reasonable diligence have known, of the invalidity. Mlustrations 1. A induces a person in a state of incapacity from idiocy or intoxication, or a child under twelve years of age 0 consent to the hair of that person being cut off by A. The consent is void.* 7. Substituted by section 2 of the Cr nal Code (Amendment) Act, 1998 (Act 554), 8. Amended by section 3 ofthe Criminal Code (Amendment) Act, 1998 (Act 554). 1719 {Ussue f]AcT29 Criminal Offences Act, 1960 A by pretending to have the consent of a child’s father, or under pretence of medical treatment, or by threats of imprisonment, induces a child to con- sent to sexual intercourse. The consent is void.” 3. A cruelly beats a child, It is not a defence for A that the child’s father ‘authorised the beating, or that the child’s father, by the exercise of parental authority, induced the child to consent. 4. A the chairman of a company, consents to B drawing money from the com~ pany to which A knows B does not have a right. IfA does not honestly be- lieve that the action is in the interest of the company the consent is void, and B commits the criminal offence of stealing unless B has acted in good faith, 5, A induces a woman to consent to having carnal knowledge of her by per- sonating her husband. Her consent is void. 15, Claim of right Acclaim of right means a claim of right made in good faith. 16, Fraud For the purposes of a provision of this Act, where a forgery, falsification, or any other unlawful act is punishable if used or done with intent to defraud, an intent to defraud means an intent to cause, by means of the forgery, falsification, or the other unlawful act, a gain capable of being measured in money, or the possibility of that gain to a person at the expense or to the loss of any other person. Mtustrations 1. A unlawfully alters B’s will so as to increase or reduce the amount of the legacy left by B to C. Here A commits the criminal offence of forgery with intent to defraud although A may not have an interest in the matter. . _Aunlawfully alters the date on a bill of exchange, for the purpose of post- poning the time at which A or any other person may be called upon to pay it. Since the postponement may be a gain to A or to the other person, A ‘commits the criminal offence of forgery with intent to defraud. 3. A forges B’s signature to a deed, not for the purpose of gain to A or to any ‘other person, but for the purpose of falsely charging C with the forgery. Here A has not committed forgery with intent to defraud, but A is liable to be punished for fabricating evidence. 17. Meaning and use of threats (J) In this Act, uniess the context otherwise requires, “threat” means (@) a threat of criminal force or harm, or (6) a threat of criminal damage to property, or (©) a threat of libel or of stander, or 9, Amended by section 3 of the Criminal Code (Amendment) Act, 1998 (Act 554). Ussue 1) m-1720ACT 29 Criminal Offences Act, 1960 (4) a threat that a person shall be prosecuted on a charge of having committed an offence, whether the alleged offence is punishable under this Act or un- der any other enactment, and whether it has or has not been committed, or (©) a threat that a person shall be detained." (2) An expression in this Act referting to a threat includes an offer to abstain from doing, or to procure any other person to abstain from doing, anything the threat of which is a threat under subsection (1). (3) Itis immaterial whether the matter of the threat will be executed by the person us- ing the threat or against or in relation {o the person to whom the threat is used, or by, or against, or in relation to any other person, (4) It is immaterial whether a threat or offer is conveyed 10 a person by words, or by writing, or in any other manner, and whether it is conveyed directly, or through any other person, or in any other manner, CHAPTER THREE Attempts to commit Criminal Offences: 18, Attempt (o commit a criminal offence (1) A person who attempts to commit a criminal offence shall not be acquitted on the ground that the criminal offence could not be committed according to the intent (@)__ by reason of the imperfection or other condition of the means, or (®) by reason of the circumstances under which they are used, or (©) _ by reason of the circumstances affecting the person against whom, or the thing in respect of which the criminal offence is intended to be committed, or (@)_ by reason of the absence of that person or thing, (2) A person who attempts to commit a criminal offence commits a criminal offence, and except as otherwise provided in this Act, is liable to be convicted and punished as if the eriminal offence has been completed. (3) Where an act amounts to « complete criminal offence, as defined by a provision of this Act, and is also an attempt to commit any other criminal offence, a person who does the act commits a criminal offence and is liable to be convicted and punished under either provision or under this section. (4) A provision in this Act with respect to intent, exemption, justification, or extenua- tion, or any other matter in the case of an act, shall apply with the necessary modifica tions to the case of an attempt to do that act. Mustrations Subsection (1) 1, A buys poison and brings it into B’s room, intending there to mix it with 10, Inserted by seetion } of the Crimi al Code (Amendiment) Decree, 1969 (N.L.C.D, 398), mW -1721 [ss 1}ACT 29 Criminal Offences Act, 1960 B’s drink, A has not attempted to poison B. But if A begins to mix it with B’s drink, though A afterwards desists and throws away the mixture, A commits of an attempt 2, A points a gun, believing it to be loaded, and meaning immediately to dis- charge it at B. A has committed the criminal offence of an attempt, al- though the gun is not in fact loaded, 3. A puts A’s hand into B’s pocket, with the purpose of stealing. A has com- mitted the criminal offence of an attempt, although there is nothing in the pocket, 4. A performs an operation on B with a view to causing abortion, A has com- mitted the criminal offence of an attempt, although B is not in fact with child. 19, Preparation for committing certain criminal offences A person who prepares or supplies, or has in possession, custody, or control, or in the possession, custody or control of any other person on behalf of that person, any instru- ment, materials, or means, with the intent that the instruments, materials, or means, may be used by that person, or by any other person, in committing a criminal offence by which life is likely to be endangered, or a forgery, of a felony, commits a criminal of- fence and is liable to punishment in like manner as if that person had attempted to com- mit that criminal offence. CHAPTER FOUR Abetment and Conspiracy 20. Abetment of a crimi offence (1) A person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any other manner purposely aids, facilities, encourages, or promotes, whether by a personal act or presence or otherwise, and a person who does an act for the purposes of aiding, facilitating, encouraging, or promoting the commission of a criminal offence by any other person, whether known or unknown, certain, or uncertain, commits the criminal offence of abetting that criminal offence, and of abetting the other person in respect of that criminal offence. (2) A person who abets a criminal offence shall, if the criminal offence is actually committed in pursuance of, or during the continuance of, the abetment, be deemed to have committed that criminal offence. () A person who abets a criminal offence is, if the criminal offence is not actually committed, (@) liable to imprisonment for life where the criminal offence abetted was pun- ishable by death; and (©) _ in any other case the abeitor is punishable in the same manner as if the erimi- nal offence had been actually committed in pursuance of the abetment. (4) An abettor may be tried before, with, or after a person abetted, and although the person abetted is dead or is otherwise not amenable to justice. Uissue 1} m-1722ACT29 Criminal Offences Act, 1960 (5) An abettor may be tried before, with, or after any other abettor, whether the abet- tor and any other abettor abetted cach other in respect of the criminal offence or not, and whether they abetted the same or different parts of the criminal offence, (6) An abettor shall have the benefit of any matter of exception, justification, or ex- tenuation to which the abettor is entitled under this Act, although the person abetted or any other abettor is not entitled to the like benefit, (7) A person who, within the jurisdiction of the Court, abets the doing beyond the ju- tisdiction of an act which, if done within the juris ion, would be a criminal offence, is punishable as if that person had abetted that criminal offence. Mustrations Subsection (1) 1. A encourages B to commit a murder. Here A commits the criminal offence of abetting murder. 2. A offers B ¢20,000 to abetting an assault on C."" 3. A and B are fighting unlawfully. C and others hinder a peace officer from stopping the fight. Here C and the others have committed the criminal of- fence of abetting the fight. ult C, Here A commits the criminal oftence of Subsection (2) A encourages B to commit unlawful entry. B attempts to commit the unlawful entry, but is discovered and arrested. Here A is punishable as if A had commit- ted the unlawful entry. Subsection (3) A unlawfully strikes B. B and others immediately set upon A and beat A so that A dies Here, if the blow struck by A amounts {0 a provocation to B, Gection 53), B may have committed the criminal offence of manslaughter, although the others may have committed the criminal offence of murder. Subsection (7) A who is in Accra, incites B to carry a ship to sca and scuttle the ship with intent to defraud the underwriters. A is liable under this provision. 21, Abetment and the commission of a different criminal offence (2) Where a person abets particular criminal offence, or abets a criminal offence against or in respect of a particular person or thing and the person abetted actually com- mits a different criminal offence, or commits the criminal offence against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, and (© it appears that the criminal offence actually committed was not a probable consequence of the endeavour to commit, nor was substantially the same as the criminal offence which the abettor intended to abet, nor was within the scope of the abetment, the abetior is punishable for abetment of the crimi- nal offence which the abettor intended to abet in the manner provided by this Chapter with respect to the abetment of criminal offences which are not actually committed; and 11, Amended by the Schedule tothe Criminal Code (Amendment) Act, 1998 (Act 554), I~ 1723 [issue 1]ACT29 Criminal Offences Act, 1960 (6) in any other case, the abettor shall be deemed to have abetted the criminal offence which was actually committed, and is liable to punishment accordingly. (2) Where a person abets a riot or unlawful assembly with the knowledge that unlaw- ful violence is intended or is likely to be used, that person commits the criminal offence of abetting violence of the kind or degree which is committed by any other person in exe- cating the purposes of the siot or assembly, although that person did not expressly intend to abet violence of that kind or degree. Mlustrations Subsection (1) 1. A incites B to commit robbery by threats, without violence on C, B in at- tempting to commit the robbery, is resisted, and murders C. Here A com mits the criminal offence of abetting robbery, and not of murder. 2, A incites B to steal a horse. B, in pursuance of the ineitement, gets the horse by false pretences. Here A commits the criminal offence of abetting the criminal offence which B has committed. Subsection (2) A number of persons assemble together for the purpose of breaking ‘open a prison and releasing a prisoner by force. Some of them are armed. If murder is committed by one of these in breaking open the prison, all of the persons, whether armed or not, who took part in or otherwise abetted the breaking open the prison, have commit- ted the criminal offence of abetting murder, if they knew that arms were carried and were intended or likely to be used, 22, Duty to prevent a felony A person who, knowing that another person designs to commit, or is committing a felony, fails to use all reasonable means to prevent the commission or completing the felony commits a misdemeanour. 23. Conspiracy (1) Where two or more persons agree to act together with a common purpose for or in committing or abetting a criminal offence, whether with or without a previous concert or deliberation, each of them commits a conspiracy to commit or abet the criminal offence. (2) A person within the ju n of the Courts can be convicted of conspiracy by agrecing with another person who is beyond the jurisdiction, for the commission of abet- meat of a criminal offence to be committed by them or either of them, or by any other person, within or beyond the jurisdiction, (3) For the purposes of subsection (2) as to a criminal offence to be committed be- yond the jurisdiction, “criminal offence” means an act which, if done within the jurisdic- tion, would be a criminal offence under this Act or under any other enactment, ‘Mlustrations Subsection (1) 1. Ifa lawful assembly is violently disturbed (section 204), the persons who take part in the disturbance have committed conspiracy to disturb it, although {issue 1) M1724ACT29 Criminal Offences Act, 1960 they may not have personally committed any violence, and although they do not act in pursuance of a previous concert or deliberation, 2, A and B agree together to procure C to commit a criminal offence. Here, A and B have both committed conspiracy to abet that criminal offence Subsection (2). A in Accra and B in Lagos agree and arrange by letter for the scut- ling of a ship on the high seas, with intent to defraud the underwriters. Here A has com- mitted a conspiracy punishable under this Act, 24, Punishment for conspiracy (1) Where two ot more persons are convicted of conspiracy for the commission or abetment of # criminal offence, each of them shall, where the criminal offence is commit- ted, be punished for that criminal offence, or shall, where the criminal offence is not committed, be punished as if each had abetted that criminal offence. (2) A Court having jurisdiction to try a person for a criminal offence shall have juris- diction to try a person charged with conspiracy to commit or abet that criminal offence. 28, Harbouring criminal A person who, knowingly or having reason to believe that any other person has com- mitted or has been convicted of a criminal offence, aids, conceals, or harbours that per~ son, with the purpose of enabling that person to avoid lawful arrest or the execution of the sentence, commits a misdemeanour, CHAPTER FIVE, General Exemptions 26. Infant incapable of committing a criminal offence For the purposes of the criminal law a person under twelve years of age is incapable of committing a criminal offence." Mlustration A, aged eleven years administers poison to B.A is not criminally responsi- ble and is considered incapable of understanding the consequences of those actions from a legal perspective.” 27, Special verdict in respect of an insane person ‘Where a person is accused of a criminal offence, the special verdict provided by the Criminal and other Offences (Procedure) Act, 1960 (Act 30) in the case of insanity is only applicable (a) if that person was prevented, by reason of idiocy, imbecility, or a mental derangement or disease affecting the mind, from knowing the nature or consequences of the act in respect of which that person is accused; or 12,” Amended by section 4 of the Cx 13. Amended by section 4 of the Crt nal Code (Amendment) Act, 1998 (Act 554). al Code (Amendiment) Act, 1998 (ct $54), M1725 [issue 1]ACT29 Criminal Offences Act, 1960 (®)__ if that porson did the act in respect of which that person is accused under the influence of an insane delusion of a nature that renders that person, in the opinion of the jury or of the Court, an unfit subject for punishment in respect of that act. Illustrations Paragraph (a) 1, Ifa person by reason of idiocy is incapable of knowing that the act of that person will cause death, the special verdict is applicable to that case. 2, Ifa person commits homicide by reason of a paroxysm of madness which at the time makes that person incapable of considering that murder is a criminal offence, the special verdict is applicable to that case. 3. ‘The special verdict is not applicable merely because it is proved that by reason of mental derangement the accused has a propensity to homicide, Paragraph (b) 1. A kills B by reason of an insane delusion that B is attempting to Kill A Here the jury will be justified in finding that A is not a fit subject for punishment. 2. Ais subject to insane delusions. In an interval of freedom from these delu- sions, A kills B. Here the jury ought to take into account the fact that at other times A was subject to delusions. 28. Criminal liability of an intoxicated person (J) Except as provided in this section, intoxication is not a defence to a criminal charge. (2) Intoxication is a defence to a criminal charge if by reason of the intoxication the person charged, at the time of the act complained of, did not know that the act was wrong ‘or did not know what that person was doing and (a) the state of intoxication was caused without the consent of that person by the malicious or negligent act of another person, or (®) the person charged was, by reason of intoxication, insane, temporarily or otherwise, at the time of the act. (3) Where the defence under subsection (2) is established, then (@ ina case falling under paragraph (a), the accused person shall be dis- charged, and () ina case falling under paragraph (b), the special verdict provided for by the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) in the case of insanity shall apply. @) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed an intention, specific or otherwise, in the absence of which the person charged would not be guilty of the criminal offence, {issue 1 I -1726ACT29 Criminal Offences Act, 1960 (8) For the purposes of this section “intoxication” includes a slate produced by nar- coties or drugs. 29. Ignorance or mistake of fact or of law (1)_A person shall not be punished for an act which, by reason of ignorance or mis- take of fact in good faith, that person believes to be lawful, (2) A person shall not, except as in this Act otherwise expressly provided, be exempt from liability to punishment for an act on the grounds of ignorance that the act is prohib- ited by law. Mlustration ‘Subsection (2) A, in self-defence against an assault, uses greater violence than is ju ‘ifiable under the provisions of Chapter One of Part Two, Here A cannot claim that A did not know the violence was unlawful. PART TWO Offences against the Person CHAPTER ONE Justifiable Force and Harm 30, Justification for force or harm. (1) For the purposes of this Act, force or harm is justifiable which is used or caused in pursuance of a matter of justification, and within the limits that are provided for in Chapter. (2) In the remainder of this Chapter, expressions applying to the use of force apply also to the causing of harm, although force only may be expressly mentioned 31. Grounds on which force or harm is justified Force may be justified in the case and in the manner, and subject to the conditions, provided for in this Chapter, on the grounds (@ of express authority given by an enactment; or (6) of authority to execute the lawful sentence or order of a Court; or (© of the authority of an officer to keep the peace or of a Court to preserve order; or (ofan authority to arrest and detain for felony; or (©) of an authority to arrest, detain, or search a person otherwise than for felony; or () of a necessity for the prevention of or defence against a criminal offence; or (@ of a necessity for defence of property or possession or for overcoming the obstruction to the exercise of lawful rights; or I~ 1727 Tissue 1]ACT29 Criminal Offences Act, 1960 (h) of a necessity for preserving order on board a vessel; ot @ of an authority to correct a child, servant, or other similar person, for mis- conduct; or @ of the consent of the person against whom the force is used, 32, General limits of justifiable force or harm Although there may exist a matter of justification for its use, force cannot be justified as having been used in pursuance of that matter (@ which is in excess of the limits prescribed in the section of this Chapter relating to that matter, or (6) which extends beyond the amount and kind of force reasonably necessary for the purpose for which force is permitted to be used. 33, Use of force under authority of an enactment A person who is authorised by an enactment to use force may justify the use of neces- sary force according to the terms and conditions of that authority. 34, Execution of sentence or order of a Court A person who is authorised to execute a lawful sentence or order of a Court may jus- tify the force mentioned in the sentence or order. 35. Use of force for preservation of order A person who is authorised as a peace officer, or in a judicial ot an official capacity, to keep the peace or preserve order at any place, or fo remove or exclude a person from a place, or to sue force for a similar purpose, may justify the execution of that authority by a necessary force. 36. Use of force for arrest, detention or recapture (1) A person who by law may, with or without a warrant or any other legal process, arrest and detain another person (a) may use force which is necessary for the arrest, detention, or recapture of that person, and (6) may, if the arrest is made in respect of a felony, kill the other person, if the other person cannot by any means otherwise be arrested, detained, or retaken, (2) Force may be used under subsection (1) only where the other person, having no- tice or believing in the lawful arrest, avoids arrest by resistance or fight, or escapes or endeavours 10 escape from custody, 37. Use of force for prever al offence m of, or defence against, crit For the prevention of, or for personal defence, or the defence of any other person against a criminal offence, or for the suppression or dispersion of a riotous or an unlawful assembly, a person may justify the use of force or harm which is reasonably necessary extending in case of extreme necessity even to killing. (sue 1] I~ 1728ACT 29 Criminal Offences Act, 1960 38. Unlawful fights (1) A force used in an unlawful fight cannot be justified under a provision of this Act, (2) Afi than solely in pursuance of a matter of just ht is an unlawful fight in which a person engages, or maintains, otherwise ication specified in this Chapter. 39. Use of force for defence of property or possession A person may justify the use of force for the defence of property or possession, or for overcoming an obstruction to the exercise of a legal right, where (@ a person in actual possession of a house, land or vessel, or goods, or the servant of that person or any other person authorised by that person, may use force that is reasonably necessary for repelling a person who attempts forcibly and unlawfully to enter the house, land, or vesset, or to take pos- session of the goods; (©) a person in actual possession of a house, land or vessel, or the servant of that person or any other person authorised by that person may use force that is reasonably necessary for removing a person who, being in oF on the house, land or vessel, and having been lawfully required to depart from that place refuses to depart; (©) aperson wrongfully takes possession of of detains goods, any other person who, as against the first mentioned person has a present right to the posses- sion of them, may, upon refusal to deliver up the goods on demand, use force, personally or by any other person, as is reasonably necessary for re~ covering possession of the goods; and (@) a person may use force that is reasonably necessary for overcoming an ob- struction or a resistance to the exercise by that person of a legal right. 40. Use of force for preserving order on board a vessel (1) The master of a vessel, or a person acting by the order of the master, may justify the use of force against any other person on board the vessel (@ that is necessary for suppressing a mutiny or disorder on board the vessel, whether among officers, seamen, or passengers, by which the safety of the vessel, or of a person in the vessel or about to enter or quitting it, is likely to be endangered, or (©) where the master is threatened to be subject fo the commands of any other person, (2) For the purposes of subsection (1), the master or the person acting under the order of the master may kill a person who commits or abets a mutiny or disorder, if the safety of the vessel, or the preservation of a person, cannot by any means be otherwise secured, 11-1729 Ussue 1}ACT29 Criminal Offences Act, 1960 Al, Use of force for misconduct (1) A blow or other force may be justified for the purpose of correction, where (@) ®) © @ © a father or mother may correct his or her child,!* who is under sixteen years of age, or a guardian, or a person acting as @ guardian, the ward, who is under sixteen years of age, for misconduct or disobedience to a lawful command; a master may correct the servant or apprentice, who is under sixteen years of age, for misconduct or default in the discharge of a duty as a servant or apprentice; repealed; a father or mother or guardian, or a person acting as a guardian of a child may delegate to any other person whom any of them entrusts, permanently or temporarily, with the governance or custody of the child or ward the authority of any of them for correction, including the power to determine in ‘what cases correction ought to be inflicted; and the delegation shall be pre- sumed, except where it is expressly withheld, in the case of a schoolmaster, or a petson acting as a schoolmaster, in respect of a child or ward; a person who is authorised to inilict correction as in this section mentioned may, in a particular case delegate to a fit person the infliction of the correction. 2) A correction cannot be justified which is unreasonable in kind or in degree con- sidering the age and physical arid mental condition of the person on whom itis inflicted. (3) A correction cannot be justified in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted, 42. Use of force in case of consent ‘The use of force against a person may be justified on the ground of consent, but (@) ) © @ 14, The words “legitimate or illegiti the killing of a person cannot be justified on the ground of consent; a wound or grievous harm cannot be justified on the grounds of consent, unless the consent is given, and the wound or harm is caused, in good faith, for the purposes or in the course of medical or surgical treatment; consent fo the use of force for the purpose of medical or surgical treatment does not extend to an improper or a negligent treatment; conseat fo the use of force against a person for purposes of medical or sur- gical treatment, or otherwise for the benefit of that person may be given against the will of that person by the father or mother or guardian or a per- son acting as the guardian, if that person is under eighteen years of age, or by a person lawfully having the custody of that person if that person is in- ‘sane Or is a prisoner in a prison or reformatory, and, when so given, cannot be revoked by that person; ale” have been omitted as offending clause (1) or article 17 and the spirit of article 28 of the Constitution, 15. By section 320 (2) of the Merchant Shipping Act, 1963 (Act 183). [issue 1] I — 1730ACT29 Criminal Offences Act, 1960 (e) where a person is intoxicated or insensible, or is from a cause unable to give or withhold consent, force is justifiable which is used, in good faith and without negligence, for the purposes of medical or surgical treatment or otherwise for the benefit of that person, unless a person authorised by that person or by law to give or refuse consent dissents from the use of that force; ( — @ party to a fight, whether lawful or unlawful, cannot justify, on the grounds of the consent of another party, force which that party uses with intent to cause harm to the other party; (g) a person may revoke a consent which that party has given to the use of force against that person, and the consent when so revoked shall not have effect or justify foree."* 43. Use of force against a third person A person who, in justifiably using force against another person, is obstructed or re- sisted by a third person, may use force against the third person, that is reasonably neces- sary for overcoming the obstruction or resistance; and may, if the obstruction or resis- tance amounts to criminal offence or to abetment of a criminal offence, use force in accordance with this Chapter with respect to the use of force in case of necessity for pre~ venting a criminal offence. 44, Use of additional force for exercise of justifiable force A person who is authorised to use force of a particular kind against a person may further Use an additional force, where it is reasonably necessary for the execution of the authority, 4. Justification of person aiding another person in use of justifiable force A person who aids another person in a justifiable use of force is justified fo the same extent and under the conditions that the other person is justified. CHAPTER TWO Murder and Similar Offences ‘Murder and Manslaughter 46, Murder A person who commits murder is liable to suffer death. 47. Definition of murder A person who intentionally causes the death of another person by an unlavful harm commits murder, unless the murder is reduced to manslaughter by reason of an extreme provocation, or any other matter of partial excuse, as is mentioned in section 52. 16. The exception to the paragraph tis been ‘consent given by a husband or wile at marciage for the purposes of mariage, cam parties ure divorced or separated by a judgment or decree of a competent Cour.” (eds being unconstitutional, The exception reads: “thatthe be revoked until the M1731 {ssue 1]ACT29 Criminal Offences Act, 1960 48, Attempt to commit murder A person who attempts to commit murder commits a first degree felony. 49, Attempt to commit murder by convict A person who, being under sentence of imprisonment for three years or more, at- tempts to commit murder is liable (o suffer death. 49. Genocide (2) A person who commits genocide is liable on conviction {0 be sentenced to death. (2) A person commits genocide where, with intent to destroy, in whole or in part, any national, ethical, racial or religious group, that person (a) _ kills members of the group; (6) causes serious bodily or mental harm to members of the group; (© deliberately inflicts on the group conditions of life calculated to bring its physical destruction in whole or in part; (®) imposes measures intended to prevent births within the group; (©) forcibly transfers children of the group to another group.” 50, Manslaughter A person who commits manslaughter commits a first degree felony. Si. Definition of manslaughter A person who causes the death of another person by an unlawful harm commits man- slaughter, but if the harm causing the death is caused by negligence that person has not committed manslaughter unless the negligence amount to a reckless disregard for human life, 52. Intentional murder reduced to manslaughter A person who intentionally causes the death of another person by unlawful harm com- mits manslaughter, and not murder or attempted murder, if that person (a) _ was deprived of the power of self-control by an extreme provocation given by the other person as is mentioned in sections 53, 54, 55 and 56; or (©) was justified in causing harm to the other person, and, in causing harm in excess of the harm which that person was justified in causing, that person acted from a terror of immediate death or grievous harm that in fact de- prived that person for the time being of the power of self-control; or (©) in causing the death, acted in the belief, in good faith and on reasonable grounds, of being under a legal duty to cause the death or to do the act which that person did; or 17, Inserted by section 1 ofthe Criminal Code (Amendment) Act, 1993 (Act 458), Ussve 1] I~ 1732Act 29 Criminal Offences Act, 1960 @ being a woman she caused the death of a child, which is a child under the age of twelve months, at a time when the balance of her mind was dis- turbed because she had not fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequeat on the birth of the child, Illustration Paragraph (c) A soldier is ordered by the commanding officer to fire on a mob, there being no necessity for the order to be given, Here, if the soldier in good faith personally believed to be bound to obey the order, the soldier did not commit murder, but committed manslaughter. 53. Provocation ‘The following matters may amount to extreme provocation {o one person to cause the death of another person, namely, (@) 0) © @ an unlawful assault and battery committed on the accused person by the other person, in an unlawful fight or otherwise, which is of a kind, in re- spect of its violence or by reason of accompanying words, gestures, or other circumstances of insult or aggravation, that is likely 40 deprive a per- son of ordinary character and in the circumstances in which the accused person was, of the power of self-control; the assumption by the other person, at the commencement of an unlawful fight, of an attitude manifesting an intention of instantly attacking the ac- cused person with deadly or dangerous means or in a deadly manner; an act of adultery committed in the view of the accused person with or by the wife or the husband, or the criminal offence of unnatural carnal knowl- edge committed in the husband’s or wife's view on the wife, or the hus- band, of child; and a violent assault and battery committed in the view or presence of the ac- cused person on the wife, husband, or child, or parent, or on any other per- son who is in the presence and in the care or charge of the accused person, 54, Exclusion of benefit of provocation (1) Despite proof on behalf of the accused person of a matter of extreme provocation, the criminal offence shall not be reduced to manslaughter if it appears @ ® © that the accused person was not in fact deprived of the power of self control by the provocation; or that the accused person acted wholly or partly from a previous intention to cause death or harm, or to engage in an unlawful fight, whether or not the accused person would have acted on that purpose at the time or in the man- ner in which the accused person did act but for the provocation; or that, after provocation was given, and before the accused did the act which caused the harm, a time elapsed or circumstances occurred that an ordinary person might have recovered self-control; or M1733 Uissue 1)AcT29 Criminal Offences Act, 1960 @ that the accused person acted in a manner, in respect of the instrument or means used or of the cruel or other manner in which it was used, in which an ordinary person would not, under the circumstances, have been likely to act. (2) For the purposes of subsection (1), “an ordinary person” means an ordinary per- son of the community to which the accused belongs. (@) Where a person, in the course of a fight, uses a deadly or dangerous means against an adversary who has not used or commenced to use a deadly or dangerous means against that person, the accused person shall be presumed to have used the means from a previous intention to cause death, although, before the actual use of the means, the ac- ‘cused person may have received a blow or hurt in the fight that might amount to extreme provocation. (4) Subsection (3) applies if it appears that the accused person intended or prepared to use those means before the accused person had received a blow or burt in the fight that might be a sufficient provocation (o use means of that kind, Mlustrations 1, Subsection (1) (6) A, who has long been seeking an occasion to fight in a deadly manner with B, kills B. Here, if the jury think that A engineered a situation of being in B’s way for the purpose of taking an opportunity which might occur to fight with B, the criminal offence of A is not reduced to manslaughter by reason of the blow which A received from B, 2, A receives a slight blow from a weaker man, B, and beats and kicks B to death. A’s criminal offence is not reduced to manslaughter. 55. Mistake as to matter of provocation A lawful blow, arrest or any other violence may be a provocation, despite its lawful- ness, if the accused person neither believed, nor, at the time of the act, had reasonable ‘means of knowing or had reasonable ground for supposing that it was lawful, 56. Mistake as to person giving provocation Where a sufficient provocation is given to the accused person by one person, and the accused person kills another person under the belief, on reasonable grounds, that the provocation was given by that other person, the provocation is admissible for reducing the criminal offence to manslaughter in the same manner as if it had been given by the person killed; but, it is not a provocation to kill a different person. Suicide and Abortion 57. Abetment of suicide (1) A person who abets the commission of a suicide commits a first degree felony whether or not the suicide is actually committed. (2) A person who attempts to commit suicide commits a misdemeanour. {issue 1} M1734ACT 29 Criminal Offences Act, 1960 58, Abortion or miscarriage (A) Subject to subsection (2), (@ a woman who, with intent to cause abortion or miscarriage, administers to herself or consents to be administered to her a poison, drug or any other noxious thing or uses an insirument or any other means, or (6) aperson who (i) administers to a woman a poison, drug or any other noxious thing or uses an instrument or any other means with the intent to cause abor- tion or miscarriage of that woman, whether or not that woman is pregnant or has given her consent, Gi) induces a woman to cause or consent 10 causing abortion or miscarriage, (iii) aids and abets a woman to cause abortion or miscarriage, (iv) attempts to cause abortion or miscarriage, or (¥) supplies or procures a poison, drug, an instrument or any other thing knowing that itis intended to be used or employed fo cause abortion or miscarriage, commits a criminal offence and is liable on conviction to a term of imprisonment not exceeding five years. (2) Itis not a criminal offence under subsection (1) if an abortion or a miscarriage is caused in any of the circumstances referred to in paragraph (a) or (b) of subsection (1) by a registered medical practitioner specialising in gynaecology or any other registered medical practitioner in a Government hospital or in a private hospital or clinic registered under the Private Hospitals and Maternity Homes Act, 1958 (No. 9) or in a place ap- proved for the purpose by legislative instrument made by the Minister, @ where the pregnancy is the result of rape, defilement of a female idiot or incest, and the abortion or miscarriage is requested by the victim or her next of kin or the person in loco parent is, if she lacks the capacity to make the request; () where the continuance of the pregnancy would involve risk to the life of the pregnant woman or injury to her physical or mental health, and the woman consents to i or if she lacks the capacity to give the consent it is given on her behalf by her next to kin or the person in loco parentis; or (©) where there is substantial risk that if the child were born, it may suffer from, or later develop, a serious physical abnormality or diseas: (8) A person who intentionally and unlawfully causes abortion or miscarriage com- mits a second degree felony."* 18, This subsection was intended to be an insertion aller section 58. Probably it was intended to be a substite- tion for subsection (1) in section 58 (see section 2 of the Criminal Cade (Amendment) Decree, 1969 (NLCD. 398), a -1735 [seve 1]ACT29 Criminal Offences Act, 1960 (4) For the purposes of this section, “abortion or miscarriage” means the premature expulsion or removal of conception from the uterus or womb before the period of gesta- tion is completed," 59. Explanation as to causing abortion Repeated.” Causing Harm to Child at Birth and Concealment of Birth 60, Causing harm to child at birth A person who intentionally and unlawfully causes harm to a living child during the time of its birth commits a second degree felony. 61, Explanation as to causing harm to child at birth (1) Where harm is caused to a child during the time of its birth, or where, on the dis- covery of the concealed body of the child, harm is found to have been caused to it, the harm shall be presumed fo have been caused to the child before its death. (2) The time of birth includes the whole period from the commencement of labour until (he time when the child so becomes a person that it may be murder or manslaughter to cause its death, 62, Concealment of body of child (1) A person who conceals the body of a child, whether the child was born alive or not, with intent to conceal the fact of its birth, existence or death, or the manner or cause of its death, commits a misdemeanour. (2) Subsection (1) does not apply to (a) the case of a child of less than six months growth before its birth; (®) the case of intent to conceal the birth, existence or death of a child, or the manner or cause of its death, from a particular person but itis requisite that there should be an intent to conceal the body from persons generally, ex- cept persons who abet or consent to the concealment. (@) Subsection (1) applies to the mother of the child as it applies to any other person, Mlustrations Subsection (2) (b) 1. Awoman conceals from her father or mother the body of her child. She has not committed a concealment of birth unless she intended to conceal it from persons generally. . A woman conceals the body of her child from all persons except a nurse ‘who helped her in the concealment, The woman has committed a conceal- ment of birth although she did not conceal it from her a accomplice, 49, Substituted by the Cri 20, By the Criminal Code (Amendment) Lav, 1985 (P.N al Code (Amendment) Law, 1985 (P.N.D.C.L. 102), CL 102), [issue 1) MI -1736ACT 29 Criminal Offences Act, 1960 63, Explanation as to concealment of body of child (1) A secret disposition of the body of a child, whether it is intended to be permanent or not, may be a concealment, (2) The abandonment of the body of a child in a public place may be a concealment, if the body is abandoned for the purpose of concealing the fact of its birth or existence, Special Provisions relating to Murder 64, Causing death ‘The general provisions of Part One with respect to causing an event are, in their ap- plication to the causing of death by harm, subject to the following explanations and modi fications, namely, (@ the death of a person is caused by harm, if by reason of the harm, death has happened otherwise or sooner, by however short a time, than it would probably have happened but for the harm; () it is immaterial that the harm would not have caused the person’s death but for the infancy, old age, disease, intoxication, or any other state of body or mind of that person at the time when the harm was caused; (©) __ itis immaterial that the harm would not have caused the person’s death but for the refusal or neglect of that person to submit to or seek proper medical or surgical treatment, or but for the negligent or improper conduct or man- ner of living of that person, or of treating the harm, unless the person so acting was guilty of a wanton or reckless disregard of that person’s own health or condition; (d) death is caused by harm if the death is caused by the medical or surgical treatment of the harm, unless the treatment is grossly negligent or unless the death could not have been forescen as a likely consequence of the treat- ment; and (©) death is not caused by harm unless the death takes place within year and a day of the harm being caused. 65, Abetment of murder The general provisions of Part One with respect to abetment are, in their application of the purposes of this Chapter, subject to the special provision, namely, that where a person commands the killing of another person, knowing that the killing will be unlawful, then, although the criminal offence of the person commanded is reduced to manslaughter, or to an attempt to commits manslaughter, by the belief of being under a legal duty to obey the ‘command, the petson giving the command commits the same criminal offence as if the per- son commanded had not personally believed to be under a legal duty to obey the command. 66. Child as the object of murder (1) In order that a child may be considered a person for the purposes of murder or manslaughter to cause its death, it is necessary that, before its death, the child should have been completely brought forth alive from the body of the mother. Q) Itis not necessary (@) that a circulation of blood, independent of the mother’s circulation, should have commenced in the child, or (®) that the child should have breathed, or a 1737 LUssue 2}ACT 29 Criminal Offences Act, 1960 (©) that it should have been detached from the mother by severance of the um- bilical cord, (3) It is murder or manslaughter, to cause death to happen to a child after it becomes 1 person, within the meaning of this section, by means of harm caused to it before it be- came a person. 67. Medical or surgical treatment (1) Where a person does an act in good faith, for the purposes of medical or surgical treatment, an intent to cause death shall not be presumed fiom the fact that the act was or appeared likely to have caused death, (2) An act which is done, in good faith and without negligence, for the purposes of medical or surgical treatment of a pregnant woman is justifiable, although it causes or is intended to eause abortion or miscarriage, or premature delivery, or the death of the child. 68, Jurisdiction in certain eases of murder Where harm is unlawfully caused to a person within the jurisdiction of the Court, but the death as a result of the harm, occurs beyond the jurisdiction of the Court, the person who caused or abetted the causing of the harm may be tried and punished under this Act for murder or manslaughter as if the death had occurred within the jurisdiction, HMlustration A wounds B in Accra, B sails from Accra, and dies of the wounds in Lagos, A is put ishable in Accra for the murder or manslaughter. CHAPTER THREE Criminal Harm to the Person 69, Causing harm A person who intentionally and unlawfully causes harm to any other person commits a second degree felony. 69A. Female genital mutilation (1) Whoever carries out female genital mutilation and excises, infibulates or other- wise mutilates the whole or any part of the labia minora, labia majora and the clitoris of another person commits an offence and is liable on summary conviction to imprisonment for a term of not less than five years and not more than ten years, (2) Whoever participates in or is connected with a ritual or customary activity that subjects a person to female genital mutilation commits an offence and is fieble on sum- mary conviction to imprisonment for a term of not less than five years and not more than ten years, (3) For the purposes of this section “excise” means to remove the prepuce, the clitoris and all or part of the labia minora “infibulate” includes excision and the additional removal of external genitalia and stitching or narrowing of the vaginal opening; “mutilate” includes any other injury caused to the female genital organ for cul tural or other non-therapeutic reasons; Ussue 2] M1738ACT 29 Criminal Offences Act, 1960 “concerned with” means (@ to send to, take to, consent to the taking to or receive at any place, any per- son for the performance of female genital mutilation; or (6) to enter into an agreement whether written or oral to subject any of the par- ties to the agreement or any other person to the performance of female genital mutilation.” 70. Use of offensive weapon A person who intentionally and unlawfully causes harm to any other person by the use of an offensive weapon commits a first degree felony, 71. Exposing child to danger (1) A person commits a misdemeanour who unlawfully (a) exposes a child to danger or abandons a child under twelve years; or (6) exposes a physically or mentally handicapped child to danger or abandons 4 physically or mentally handicapped child in a manner that is likely to cause harm to the child.” (2) Except as otherwise provided, for purposes of this Chapter, a child is a person under the age of eighteen years. 72. Negligently causing harm A person who negligently and unlawfully causes harm to any other person commits a misdemeanour 73, Dangerous thing, negligently causing harm or danger ‘A person who (@) _ being solely or partly in charge of a steam-engine, machinery, ship, boat, or dangerous thing or matter of any kind, or (6) — having underiaken or being engaged in medical or surgical treatment of a person, ot (©) _ having undertaken or being engaged in the dispensing supplying, selling, administering, or giving away of @ medicine or a poisonous or dangerous matter, negligently endangers the life of any other person, commits a misdemeanour, 74, Threat of harm A person who threatens any other person with unlawful harm, with intent to put that person in fear of unlawful harm commits a misdemeanour. 75. Threat of death A person who threatens any other person with death, with intent to put that person in fear of death, commits a second degree felony. 76. Definition of untawful harm Harm is untawful which is intentionally or negligently caused without any of the just: fications mentioned in Chapter One of this Part, 21. inserted by the Criminal Code (Amendment) Act, 1994 (Act 484) and substituted by the Crimi (Amendniont) Act, 2007 (Act 741). 22. Substituted by section 5 of the Cr I Cade (Amendment) Act, 1998 (Act 554). MW 1739 Ussue 2]ACT 29 Criminal Offences Act, 1960 7. Explanation as to causing harm by omission A person causes harm by an omission, within the meaning of this Act, if harm is caused by that person’s omission to perform a duty for preventing harm as mentioned in section 78, and not in any other case. 78. Duty to prevent harm to another person A person is under a duty for preventing harm to another person (@) if the first mentioned person is under a duty, as mentioned in section 79, to supply a person with the necessaries of health and life; or (6) if the first mentioned person is otherwise under a duty, by virtue of an en- actment, or by virtue of an office or employment, or by virtue of a lawful order of a Court or person, or by virtue of an agreement or undertaking, to do an act for the purpose of averting harm from a person, whether ascer- tained or unascertained, 79. Duty to give access to the necessaries of health and life (1) Where there is a duty to give access to the necessaries of health and life, (2) a spouse is under a duty to give access to the necessaries of health and life to the other spouse who is actually under the control of that spouse; (6) a parent is under a duty to give access to the necessaries of health and life to the parent’s child actually under the control of the parent, which child is not of an age and capacity as to be able to obtain those necessaries; (©) guardian of a child is under a duty to give access to the necessaries of health and life to the child actually under the contro! of the guardian.” (2) A woman, who is delivered of a child,* (@) is under a duty, so far as she is able, to summon assistance and to do any other act necessary and reasonable for preserving the child from harm by exposure, exhaustion, or otherwise by reason of its condition as a newly- born child; () is under a duty, so far as she is able, to support and take reasonable eare of the child, which is under her control or in her eare or charge, until it can safely be weaned. (3) A person who, by vittue of office as a gaoler, relieving officer, or otherwise, or by reason of the provisions of an enactment is bound to supply any of the necessaries of health and life to a person, is under a duty to supply them accordingly. (4) A person who wrongfully imprisons another person is under a duty to supply that ‘other person with the necessaries of health and life, (5) A person who has agreed or undertaken to supply any of the necessaries of health and life to another person whether that other person is a servant, an apprentice or other- wise is under a duty to supply them accordingly. 23. Amended by the Criminal Code (Amendment) Act, 1998 (Act 554). 24. The words “whether legitimate” have been omitted as the Constitution does not admit that distinetion, [issue 2] M1740ACT29 Criminal Offences Act, 1960 (6) Where a petson under a duty expressed in this section has not the means of dis- charging the duty, and there is another person or public authority bound to furnish that person with the means, that person is under a duty (0 fake reasonable steps for obtaining the means from that other person or authority. (7) Where a person, under a duty to supply any of the necessaries of health and life to another person, lawfully charges the wife, servant of that person, or any other person with the supply of those necessaries, and furnishes the means for that purpose, the wife, ser~ vant, or other person so charged is under a duty to supply them accordingly. (8) For the purposes of this section, “necessaries of health and life” includes proper food, clothing, shelter, warmth, medical or surgical treatment, and any other matter which is reasonably necessary for the preservation of the health and life of a person. Mlustration Subsection (6) The father or mother of a child who does not have the means of pro- ‘iding the child food or medical attendance, is bound to seek assistance from an officer appointed to relieve the poor, but is not bound to beg from private charity. 80. Explanation as to office (1) Where, under section 78 or 79, a duty is constituted by an office, employment, agreement, or undertaking, the duty is sufficiently constituted in the case of a person. (@) who is actually discharging the duties belonging to that office or employ- ment, of (®) who is acting as if under that agreement or undertaking with respect to an- other person, (2) A person is not excused from liability for failure (o discharge a duty within the meaning of section 78 or 79 on the grounds that another person is also under the same duty, whether jointly or independently and whether on the same or on a different ground, ‘Mlustrations Subsection (1) 1, A deputy gaoler, even though unlawfully appointed, is under the duties of a gaoler in relation to the prisoner. 2, A master is under the duties of a master in relation to the apprentice, even though the articles of apprenticeship are void. 81. Exceptions to causing an event ‘The general provisions of Part One with respect fo causing an event are, in their ap- plication to the matters of this Chapter, subject to the following explanations and modi cations, namely, (@) a person has not caused harm to another person by omitting to supply the other person with the necessaries of health and life, unless it is proved against that person that the other person, by reason of age or physical or mental state, ot by reason of control by the accused person, could not by reasonable exertion have avoided the harm; HM — 1741 [issue 1]ACT 29 Criminal Offences Act, 1960 (8) the disease or disorder which a person suffers as the inward effect of grief, terror, or any other emotion is not harm caused by another person, although the grief, terror, or emotion has been caused by that other person whether with intent to cause harm or otherwise; (©) the harm which a person suffers by execution of a sentence of a Court in consequences of a prosecution instituted, prosecuted, or procured, or of evidence given or procured to be given, by another person, whether in good faith or not, is caused by that other person; and (© except as in this section expressly provided, a person is not excused from ability (0 punishment for causing harm to another person, on the grounds that the otler person personally, by trespass, negligence, act, or omission, contributed to causing the harm, 82, Special provision as to medical or surgical treatment A person who in good faith, for the purposes of medical or surgical treatment, inten- tionally causes harm (0 another person which, in the exercise of reasonable skill and care according to the circumstances of the case, is or ought to have known to be plainly im- proper, is liable to punishment as if the harm had been caused negligently, within the meaning of this Act, and not otherwise. Illustration A surgeon, through gross negligence, amputates a limb where the necessity to ampu- tate did not arise. The surgeon is not liable to be convicted of having intentionally and unlawfully caused harm, but is liable to be convicted of having negligently and unlaw- fully caused harm, 83, Causing harm by hindering escape from wreck A person who intentionally hinders any other person from escaping from a wrecked vessel, or from lawful personal protection or from any other person against harm has, for the purposes of this Act, intentionally caused the harm which happens to that other per- son by reason of the hindrance. CHAPTER FOUR Assault and Similar Offences 84, Assault A person who unlawfully assaults another person commits a misdemeanour, ‘85. Different kinds of assault (1) For the purposes of section 84, “assaults” includes (a) assault and battery, (6) assault without actual battery, and (©) imprisonment, Tissue 1] 1742ACT 29 Criminal Offences Act, 1960 (2) An assault is unlawful unless it is justified on one of the grounds mentioned in Chapter One of this Part. 86. Assault and battery (1) A person makes an assault and battery on another person, if without the other per son’s consent, and with the intention of causing harm, pain, or fear, or annoyance to the other petson, or of exciting the other person to anger, that person forcibly touches the other person. (2) The application of subsection (1) is subject to the following provisions: (@ where the consent of the other person to be forcibly touched has been ob- tained by deceit, it suffices with respect to intention that the touch is in- tended to be a touch that is likely 10 cause harm or pain, or is intended to be a touch that, but for the consent obtained by the deceit, would have been likely to cause harm, pain, fear or annoyance, o to excite anger; (©) where the proper person is insensible, unconscious, or insane, or is, by rea~ son of infancy or any other circumstance, unable fo give or refuse consent, it suffices, with respect to intention, (@ that the touch is intended to cause harm, pain, fear or annoyance, or (ii) _ that the touch is intended to be a touch that would be likely to cause harm, pain, fear, or annoyance to, of to excite the other person's an- ger, if that person were able to give or refuse consent, and were not consenting; (©) the slightest actual touch suffices for an assault and a battery, if the inten- tion is an intention as is required by this section; (a person is touched, within the meaning of this section, if the body is touched, or if the clothes or any other thing in contact with the body or with the clothes on the body are or is touched, although the body is not actually touched and (©) for the purpose of this section, with respect to intention to cause harm, pain, fear or annoyance, it is immaterial whether the intention is to cause the hatm, pain, fear, or annoyance by the force or manner of the touch itself or to forcibly expose the person, or cause that person to be exposed, to harm, pain, fear, or annoyance from any other cause. Illustrations Subsection (1) 1. A strikes B, or spits upon B, or causes a dog to bite B, or in any manner causes B {o fall or be thrown on the ground, Here, if A’s intention was to cause haim, pain, fear or annoyance to B, or to excite B’s anger, A commits an assault and battery; 2. A puts A’s hand on B’s shoulder in order to attract the attention of B, but does not use unnecessary force, A has not committed an assault and batlery, ML -1743 [issue 1}ACT 29 Criminal Offences Act, 1960 Subsection (2) 1. A under false pretence of surgical treatment induces B to consent to harm or pain. A commits and assault and battery; 2. A kicks B, who is insensible. A commits an assault and battery even though the kick does not cause pain to be felt by B on B recovering sensibility; 3. A pushes B so as to cause B to fall into water, A commits an assault and battery although the push is so slight as not of itself to be material. 87. Assault without actual battery (2) A person makes an assault without actual battery on another person, if by an act apparently done in commencement of an assault and battery, the person intentionally puts the other person in fear of an instant assault and battery. (2) The application of subsection (1) is subject (o the following provisions; (@) itis not necessary that an actual assault and battery should be intended, or that the instruments or means by which the assault and battery is apparently intended to be made should be, or should by the person using them be be- lieved to be, of a kind or in a condition that an assault and battery could be made by means of them; (®) a person can make an assault, within the meaning of this section, by mov- ing, or causing a person, an animal, or a matter to move, towards another person, although that person or the other person, animal, or matter, is not yet within a distance from the other person that an assault and batlery can ibe made; and (© an assault can be made on a person, within the meaning of this section, although that person can avoid actual assault and battery by retreating, or by consenting to do, or to abstain from doing, an act. Illustrations Subsection (2) 1. A points a pistol at B in a manner that gives B reasonable grounds for fear- ing that B will be immediately shot. Here, A commits an assault, although A does not intend to fire, and although the pistol is not loaded, and al- though A knows that it is not loaded; 2, A ata distance of ten yards from B runs at B witl apparent intention of striking B and intending to put B in fear of an immediate beating. Here, A commits an assault, although A never comes within actual reach of B; 3, A being near B, lifts a stick and threatens at once to strike B, unless B im- mediately apologises, Here A has committed an assault, 88, Definition of, and provisions relating ¢o, imprisonment (1) A person imprisons another person if, intentionally and without the other person’s consent, that person detains the other person in a particular place, of whatever extent or character and whether enclosed or not, or compels the other person to move to or be car tied in a particular direction, Tissue 1] Mm —1744ACT 29 Criminal Offences Act, 1960 (2) The application of subsection (1) is subject to the following provision, namely, that the detention or compulsion may be constituted, within the meaning of this section, (@__ by force or by a physical obstruction to a person’s escape, or (®) by creating the belief that the other person cannot depart from a place, or refuse to move or be carried in a particular direction, without overcoming, force or incurring danger or harm, pain or annoyance, or (© by ctcating the belief that the other person is under legal arrest, or (d)__ by creating the belief to the other person of immediate imprisonment if the other person does not consent to do, or to abstain from doing, an act. Illustrations 1. A detains B on board a ship, Here, A imprisons, B although B is let free within the ship; and, if B was prevented from leaving the ship until she sailed, B, is imprisoned so long as B necessatily or reasonably continues on board the ship, even though during a part of the time B would have been free if there had been a means of leaving; 2. A, by falsely pretending that B is under arrest, prevents B from leaving B’s own house. Here, A imprisons B. 88A. Cruel practices in relation to bereaved spouses (1) A person who compels a bereaved spouse or a relative of the spouse to undergo a custom or practice that is cruel in nature commits a misdemeanour, (2) For the purposes of subsection (1), a custom or practice is cruel in nature if it con- stitutes an assault within the meaning of sections 85, 86, 87 and 88." CHAPTER FIVE Kidnapping, Abduction, and Similar Offences 89. Kidnapping A person who kidnaps another person commits a second degree felony. 90, Definition of kidnapping A person commits the criminal offence of kidnapping (a) who unlawfully imprisons any other person, and takes that other person out of the jurisdiction of the Court, without the consent of the other person; (©), who unlawfully imprisons any other person within the jurisdiction of the Court, in a manner that prevents the other person from applying to a Court for release or from discovering to any other person the place of the impris- ‘onment, ot in a manner that prevents a person entitled to have access trom discovering the place where the other person is imprisoned. 25, Inserted by the Criminal Code (Amendment) Law, 1984 (P.N.D.C.L, 90) i —1745 [issue 1]ACT 29 Criminal Offences Act, 1960 91. Abduction of child under eighteen ‘A person who abducts a child under eighteen years of age commits a misdemeanour.™* 92. Definition of abduction (1) A person commits the criminal offence of abduction of a child who with intent to deprive a person entitled (0 the possession or control of the child or with intent to cause the child to be camally known of unnaturally carnally known by any other person (@) unlawfully takes the child from the lawful possession, care or charge of a person, or (®) detains the child and prevents the child from returning to the lawful posses- sion, care or charge of a person.” (2) The possession, control, care or charge of a child by a parent, guardian, or any other person continues although the child is absent from actual possession, control, care, or charge, if the absence is for a special purpose only, and is not intended by the parent, guardian, or the other person to exchide or determine the possession, control, care, or charge for the time being, (3) A person does not commit the criminal offence of abduction by taking or detain- ing a child unless that person knew, or had grounds for believing that the child was in the possession, control, care, or charge of another person. 93, Child stealing A person who steals a person under fourteen years of age, whether with or without consent, commits a second degree felony. 94. Definition of child stealing (1) A person steals another person if the first mentioned person unlawfully takes or detains the other person with intent to deprive the other person of the possession or con- trol (o which any person is entitled, or with intent to steal anything on or about the body of, oF with intent to cause harm to, that other person, (2) For the purposes of subsection (1), itis not necessary to prove that the person sto- len had been taken from the possession, care, or charge of a person, if it is shown that some person, other than the accused person, was entitled to the control or possession of the person stolen, 95. Special provisions as to child stealing and abduction (1) For the purposes of the sections of this Chapter relating to child stealing and abduction, (@) _ itis not necessary that the taking or detaining should be without the con- sont of the person taken or detained, and it suffices if that person is per- suaded, aided, or encouraged to depart oF not to return; 26, Substituted by section 7 ofthe Criminal Code (Amendment) Act, 1998 (Act 554). 27. Amended by section 8 ofthe Criminal Code (Amendment) Act, 1998 (Act 554). [ssue 1] M1746AcT29 Criminal Offences Act, 1960 (2) _ itis not necessary that there should be an intent permanently to deprive a person of the possession or controk of the person taken or detained; (©) a taking or detention is unlawful unless a person entitled to give consent to the taking or detention of the person taken or detained, for the purposes for which that person is taken or detained, gives consent to the taking or deten- tion for those purposes; (d@) a person having the temporary possession, care or charge of another person for a special purpose, as the attendant, employer, or school master of that person, or in any other capacity, can commit stealing or abduction of that person by acts which the first mentioned person is not entitled to do for the special purpose, and cannot give consent to an act by another person which would be inconsistent with the special purpose; and (©) notwithstanding the general provisions of Part One of this Act with respect (o mistake of law, a person does not commit the criminal offence of steal- ing or of abduction of another person by anything which that person does in the bona fide belief of being entitled by law as a parent or guardian, or by virtue of any other legal right, to take or detain the other person for the purposes of the taking or detention. (2) Paragraph (¢) of subsection (1) does not exempt a person from liability to pun- ishment on the plea that that person did not know or believe, or had not the means of knowing that the age of the other person was under fourteen or eighteen years; nor ex- empt a person from liability to punishment as for stealing or abduction if that person took or detained the other person for an immoral purpose.”* Mlustration Paragraph (e) A mother, believing in good faith that she has right to the custody of her child in pursuance of an agreement with the father, takes it away from the father, The mother has not committed the criminal offence of abduction, although the agreement is invalid. 96. Abandonment of fant A person who is bound by law, or by virtue of an agreement or employment, to keep charge of or to maintain a child under five years of age, or who is unlawfully in posses- sion of a child, abandons the child by leaving it al a hospital, or at the house of any other person or in any other manner, commits a misdemeanour. CHAPTER SIX Sexual Offences” 97. Rape A person who commits rape commits a first degree felony and is Tiable on conviction to a term of imprisonment of not less than five years and not more than twenty-five years, 28, Amended by section 8 of the Criminal Code (Amendment) Act, 1998 (Act $54). 29. Amended! in part by the Criminal Code (Amendment) Act, 1993 (Act 458) and substituted by section 11 ofthe Criminal Code (Amendment) Act, 1998 (Act 954). A -1747 Ussue 1]ACT 29 Criminal Offences Act, 1960 98. Defini Rape is the carnal knowledge of a female of not less that sixteen years without her consent. m of rape 99, Evidence of carnal knowledge Where, on the trial of a person for a criminal offence punishable under this Act, it is necessary to prove carnal knowledge or unnatural carnal knowledge, the carnal knowledge ‘or unnatural carnal knowledge is complete on proof of the least degree of penetration. 100. Effect of void or voidable marriage with respect to consent Where a female is compelled to marry another person by duress as to make the mar riage void or voidable, the marriage does not have effect for the purpose of Part One of this Act with respect to consent. 101. Defilement of child under sixteen years of age (1) For the purposes of this Act, defilement is the natural or unnatural carnal know!- edge of a child under sixteen years of age. (2) A person who naturally or unnaturally carnally knows a child under sixteen years of age, whether with or without the consent of the child, commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less that seven years and not more than twenty-five years. 102, Carnal knowledge A person who has carnal knowledge or has unnatural carnal knowledge of an idiot, imbecile or a mental patient in or under the care of a mental hospital whether with or without the consent of that other person, in circumstance which prove that the accused knew at the time of the commission of the criminal offence that the other person has a mental incapacity commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than five or and not more than twenty-five years. 103. Indecent assault (1) A person who indecently assaults another person commits a misdemeanour and is liable on conviction to a term of imprisonment of not less than six months, (2) A person commits the criminal offence of indecent assault if, without the consent of the other person that person (@ forcibly makes a sexual bodily contact with the other person, or (®) sexually violates the body of the other person, in a manner not amounting to carnal knowledge or unnatural carnal knowledge, 104, Unnatural carnal knowledge (1) A person who has unnatural carnal knowledge (a) of another person of not less than sixteen years of age without the consent of that other person commits a first degree felony and is liable on conviction Ussue 1) mI 1748ACT 29 Criminal Offences Act, 1960 to a term of imprisonment of not less than five years and not more than twenty-five years; or () of another person of not less than sixteen years of age with the consent of that other person commits 2 misdemeanour; or (©) of an animal commits a misdemeanour. (2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural ‘manner or, with an animal 105. Incest (1) A mate of not less than sixteen years of age who has carnal knowledge of a female whom he knows is his grand-daughter, daughter, sister, mother or grandmother commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than three years and not more than twenty-five years, (2) A female of not less than sixteen years or age who has carnal knowledge of a male whom she knows is her grand-son, son, brother, father or grandfather, commits a criminal offence and is liable on conviction to a term of imprisonment of not less than three years and not more than twenty-five years. (3) A male of not less than sixteen years of age who permits a female whom he knows is his grandmother, mother, sister or daughier to have carnal knowledge of him with his consent, commits a criminal offence and is liable on conviction to a term of im- prisonment of not less than three years and nol more than twenty-five years, (4) A female of not less than sixteen years of age who permits a male whom she knows is her grandfather, father, brother or son to have carnal knowledge of her with her consent, commits @ criminal offence and is liable on conviction to a term of imprison- ment of not less than three years and not more than twenty-five years, (5) In this section, “sister” includes half-sister, and “brother” includes half-brother, and for the purposes of this section an expression importing a relationship between two people applies although the relationship is not traced through lawful wedlock, 106. Householder permitting defilement of a child (1) The owner or occupier of premises or a person acting or assisting in the manage- ment of the premises who induces or knowingly permits a child of less than sixteen years of age to resort to or be in or on the premises to be carnally known or unnaturally carnally known by any other person, commits a criminal offence and is liable on conviction to a term of imprisonment not less than seven years and not more than twenty-five years. (2) For the purpose of subsection (1), it is a criminal offence under this section whether the camal knowledge or unnatural carnal knowledge is intended to be with a particular person or generally. (3) ILis a defence to a charge under this section that the accused person hiad reason- able cause to believe that the child was of or above sixteen years of age. ml 1749 (issue 1]ACT 29 Criminal Offences Act, 1960 107. Procuration (2) A person commits a misdemeanour who (@) procures another person under twenty-one years of age, who is not a prosti- tute or of known immoral character to have carnal or unnatural carnal con- nection in the Republic or elsewhere with any other person; or (6) procures another person to become a prostitute in the Republic or else~ where; or (©) procures another person to leave the Republic with the intention that the other person becomes an inmate of brothel elsewhere; or (d) procures another person to leave that other person’s usual place of abode which is not a brothel in the Republic with the intention that the other per- son becomes an inmate of a brothel in the Republic or elsewhere for prosti- tution; or (© by threats of intimidation procures or attempts to procure another person to have carnal or unnatural carnal connection in the Republic or elsewhere; or () _ by false pretences or false representations procures another person who is not a prostitute or of known immoral character to have carnal or unnatural carnal connection in the Republic or elsewhere; or > (g) applies, administers to, or causes to be taken by another person, a drug, matter or thing, with intent to stupefy or overpower that other person so as to enable any other person to have a carnal or unnatural carnal connection with that other person. (2) A person shall not be convicted of a criminal offence under subsection (1) on the evidence of one witness, unless the witness is corroborated in a material particular by evidence implicating the accused person. 108, Seduction or prostitution of a child under sixteen (1) A person who having the custody, charge or care of a child under the age of six- teen years causes or encourages the seduction, carnal knowledge or unnatural carnal knowledge or prostitution of that child or the commission of indecent assault on that child commits a misdemeanout. (2) For the purposes of subsection (1), a person causes or encourages the seduction, carnal knowledge or unnatural carnal knowledge, prostitution or commission of indecent assault on a child, if that person knowingly allows the child to consort with, enter or con- tinue in the employment of a prostitute or person of known immoral character. 109, Compulsion of marriage A person who by duress causes another person (0 marry against that other person’s will, commit a misdemeanour. 110. Custody of child under sixteen years of age (1) Where on the trial of a criminal offence under this Chapter it is proved to the sat- isfaction of the Court that the seduction or prostitution of a child under sixteen years has issue 1) M1750ACT 29 Criminal Offences Act, 1960 been caused, encouraged or favoured by the father, mother, guardian, master or mistress of that child, the Court may divest that person of the authority over the child. (2) The Court may appoint a person willing to take charge of the child under sixteen to have authority over the child until the child has attained twenty-one years of age or any other age below twenty-one directed by the Court (3) The Court may rescind or vary the order of appointment by appointing another person or may vary the order in any other respect. 111. Power to search for child detained for immoral purpose (1) Where it appears to the Chairman of a Regional Tribunal or a Justice that there is reasonable cause to suspect that a child is detained for immoral purposes by another per= son in a place within the jurisdiction, the Chairman or Justice may issue a warrant in ac- cordance with subsections (3) and (4). (2) The Chairman of the Tribunal or the Justice shall act on information supplied on ath by a parent, guardian, or relative of the child or may act on the information of any other person who the Chairman or Justice considers is acting in good faith in the best interests of the child. (3) The warrant shall authorise the person named in it to search for and when found to take and detain the child in a place of safety until the child can be brought the before the Chairman of the Tribunal or the Justice or any other Tribunal or Justice. (4) The Chairman of the Tribunal or the Justice before whom the child is brought may order that the child be taken to the parents or guardian or be otherwise dealt with as circumstances permit ot req (5) The Chairman of the Tribunal or the Justice may, by the same warrant or another warrant, cause a person accused of unlawfully detaining a child to be arrested and brought before the Tribunal or Court or any other Tribunal or Court for legal proceedings and punishment. (6) A child is detained for immoral purposes if the child is detained to be carnally known or unnaturally carnally known by a particular person or generally and (2) isunder sixteen years of age, or ®) if not less than sixteen years and under twenty-one years of age, is detained against the will, or the will of the father, mother or any other person who has lawful care or charge of the child, (1) A person authorised by a warrant under this section to search for a detained child may enter if necessary by force a house, building or any other place mentioned in the warrant and may remove the chitd, (8) A warrant issued under this section shall be addressed to and executed by a supe- rior police officer who shall be accompanied by the parent, guardian or relative of the child unless the Chairman of the Tribunal or the Justice otherwise directs, (©) Where the warrant is issued on the basis of information given by a person acting in good faith in the best interests of the child, that person may accompany the superior police officer to execute the warrant, W~1751 Ussue 1]