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The Penal Code (Chapter 158)

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This is the latest version of this legislation commenced on 01 Jun 2020.

Seychelles

The Penal Code

Chapter 158

  • Commenced on 1 February 1955

  • [This is the version of this document at 1 June 2020.]


[Act 12 of 1952; Act 10 of 155; Act 4 of 1958; Act 21 of 1960; Act 7 of 1961; Act 36 of 1961; Act 30 of 1964; Act 17 of 1965; Act 1 of 1966; Act 8 of 1966; Act 30 of 1967; Act 11 of 1969; Act 7 of 1972; S.I. 95 of 1975; Act 2 of 1976; S.I. 72 of 1976; Act 23 of 1976; Act 29 of 1976; Act 23 of 1977; Act 6 of 1978; Act 21 of 1978; Act 31 of 1979; Act 4 of 1979; Act 7 of 1979; Act 31 of 1980; Act 5 of 1981; Act 24 of 1982; S.I. 23 of 1987; Act 16 of 1995; Act 15 of 1996; Act 10 of 2005; Act 2 of 2010; Act 20 of 2010; Act 5 of 2012; Act 7 of 2012; Act 11 of 2016; Act 12 of 2016]


Part I – General provisions

Chapter I
Preliminary

1. Short title

This Act may be cited as The Penal Code and hereinafter is referred to as "this Code".[Note: There is no section 2 in the last official (1991) edition of this Cap.]

3. Saving of certain laws

Nothing in this Code shall affect—

(i)the liability, trial or punishment of a person for an offence against any law in force in Seychelles other than this Code; or
(ii)the liability of a person to be tried or punished for an offence under the provisions of any law in force in Seychelles relating to the jurisdiction of the courts of Seychelles in respect of acts done beyond the ordinary jurisdiction of such courts; or
(iii)the power of any court to punish for contempt of such court; or
(iv)the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or
(v)any power of the President to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed:

Provided that if a person does an act which is punishable under this Code and is also punishable under another Act or statute of any of the kinds mentioned in this section, he shall not be punished for that act both under that Act or statute and also under this Code.

Chapter II
Interpretation

4. General rule of construction

This Code shall be interpreted in accordance with the principled of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.

5. Definition of certain expressions and terms

In this Code, unless the context otherwise requires—"Act" includes any orders or rules or regulations made under the authority of any Act;"court" means a court of competent jurisdiction; "dangerous harm" means harm endangering life;"dwelling-house" includes any building or structure or part of a building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, an it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house if there is a communication between such building or structure and the dwelling-house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise;"felony" means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with imprisonment for three years or more;"grievous harm" means any harm which amounts to a maim or dangerous harm, or seriously or permanently injuries health or which is likely so to injure health, or which extends to permanent disfigurement or to any permanent or serious injury to any external or internal organ, membrane or sense;"harm" means any bodily hurt, disease or disorder whether permanent or temporary;"judicial proceeding" includes any proceeding had or taken in or before any court, tribunal, commission of inquiry or person, in which evidence may be taken on oath;"knowingly" used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;"local authority" means a local authority established under any Act;"maim" means the destruction or permanent disabling of any external or internal organ, membrane or sense;"misdemeanour" means any offence which is not a felony;"money" includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;"night" or "night-time" means the interval between seven o’clock in the evening and half-past five o’clock in the morning;"oath" includes affirmation or declaration;"offence" is an act, attempt or omission punishable by law;"person" and "owner" and other like term when used with reference to property includes corporations of all kinds and any other association of persons capable of owning property, and also when so used includes the Republic or any person on behalf of the Republic;"person employed in the public service" means any person holding any of the following offices or performing the duty thereof whether as a deputy or otherwise, namely:—(a)any Civil Office the power of appointing a person to which is vested in the President or in any public commission or broad; or(b)any office to which a person is appointed or nominated by Act or statute or by election; or(c)any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of the two last preceding paragraphs of this section; or(d)any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any Act;and the said term further includes—(i)a Justice of the Peace;(ii)a member of a commission of inquiry appointed under or in pursuance of any Act;(iii)any person employed to execute any process of a court;(iv)all persons belonging to the Defence Force;(v)all persons in the employment of any government department;(vi)a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intending marriage or in the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;(vii)a person in the employ of a local authority;"possession", be in possession of" or "have in possession" (a) includes not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to, or occupied by oneself or not) for the use or benefit of oneself or of any other person; (b) if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody or possession of each and all of them;"property" includes anything animate or inanimate capable of being the subject of ownership;"public" refers not only to all persons within Seychelles, but also to the person inhabiting or using any particular place, pr any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;"public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;"public place" or "public premises" includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meeting or assembly or as an open court;"publicly" when applied to acts done means either (a) that they are so done in any public place as to be seen by any person whether such person be or be not in a public place,; or (b) that they are so done in any place not being a public place as to be likely to be seen by any person in a public place;"statute" means an Act of Parliament and includes any orders, rules regulations, bye-laws or other subsidiary legislation made or passed under the authority of any statute;"utter" means and includes using or dealing with and attempting to use or deal with an attempting to induce any person to use, deal with or act upon the thing in question;"valuable security" includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property;"vessel" includes a ship, a boat and every other kind of vessel used in navigation on the sea and includes aircraft;"wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membranes is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.

Chapter III
Territorial application of this Code

6. Extent of jurisdiction of courts

The jurisdiction of the courts of Seychelles for the purpose of this Code extends to every place within Seychelles and any place over which the Republic has jurisdiction.

7. Offence committed partly within and partly beyond the jurisdiction

When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.

Chapter IV
General rules as to criminal responsibility

8. Ignorance of law

Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.

9. Bona fide claim of right

A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.

10. Intention and motive

Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident.Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to from an intention, is immaterial so far as regards criminal responsibility.

11. Mistake of fact

A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act omission to any greater extent than if the real state of things had been such as he believed to exist.The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.

12. Presumption of sanity

Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.

13. Insanity

A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission.But a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects above mentioned in reference to that act or omission.

14. Intoxication

(1)Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2)Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and-
(a)the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b)the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3)Where the defence under subsection (2) is established, then in a case falling under paragraph (a) thereof the accused person shall be discharged, and in a case falling under paragraph (b) the provisions of section 13 shall apply.
(4)Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention,, specific or otherwise, in the absence of which he would not be guilty of the offence.
(5)For the purposes of this section "intoxication" shall be deemed to include a state produced by narcotics or drugs.

15. Immature age

A person under the age of seven years is not criminally responsible for any act or omission.A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.

16. Judicial officers

Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done.

17. Compulsion

A person is not criminally responsible for an offence if it is committed by two or more offenders, and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence.

18. Defence of person and property

Subject to any express provisions in this Code or any other law in operation in Seychelles criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of English common law.

19. Use of force in effecting arrest

Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of such person, have regard to the gravity of the offence which had been or was being committed by such person and the circumstances in which such offence had been or was being committed by such person.

20. Compulsion by husband

[repealed by Act 10 of 2005]

21. Persons not to be twice criminally responsible for same offence

A person cannot be twice criminally responsible either under the provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.

Chapter V
Parties and offences

22. Principal offenders

When an offence is committed, each of the following person is deemed to have taken part in committing the offence and be guilty of the offence, and may be charged with actually committing it, that is to say—

(a)every person who actually does the act or makes the omission which constitutes the offence;
(b)every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c)every person who aids or abets another person in committing the offence;
(d)any person who counsels or procures any other person to commit the offence.In the fourth case he may be charged with himself committing the offence or with counseling or procuring its commission.A conviction of counseling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.Any person who procures another to do or omit to do any act of such nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission, and he may be charged with himself doing the act or making the omission.

23. Joint offenders

When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

24. Counselling to commit an offence

When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counseled or a different one, or whether the offence is committed in the way counseled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.

In either case the person who gave counsel is deemed to have counseled the other person to commit the offence actually committed by him.

Chapter VI
Punishments

25. Different kinds of punishment

The following punishments may be inflicted by a court

(a)[Repealed]
(b)Fine.
(c)Payment of compensation.
(d)Finding security to keep the peace and be of good behaviour.
(e)Liability to police supervision.
(f)Forfeiture.
(g)Any other punishment provided by this Code or by any other law or Act.

26. Imprisonment

(1)A person liable to imprisonment for life or any other period may be sentenced for any shorter term.
(2)A person liable to imprisonment may be sentenced to pay a fine in addition to or instead of imprisonment.

27. Minimum sentence

(1)Notwithstanding Section 26 and any other written law and subject to subsection (2), a person who is convicted of an offence in Chapter XXVI, Chapter XXVIII or Chapter XXIX shall—
(a)where the offence is punishable with imprisonment for 7 years or more but not more than 8 years and—
(i)it is the first conviction of the person for such an offence, be sentenced to imprisonment for a period of not less than 5 years; or
(ii)the person had within 5 years prior to the date of the conviction, been convicted of the same or a similar offence, be sentenced to imprisonment for a period of not less than 10 years.
(b)where the offence is punishable with imprisonment for more than 8 years but not more than 10 years and—
(i)it is the first conviction of the person for such an offence, be sentenced to imprisonment for a period of not less than 8 years; or
(ii)the person had within 5 years prior to the date of conviction, been convicted of the same or a similar offence, be sentenced to imprisonment for a period of not less than 12 years.
(c)where the offence is punishable with imprisonment for more than 10 years or with imprisonment for life and—
(i)it is the first conviction of the person for such an offence, be sentenced to imprisonment for a period of not less than 15 years; or
(ii)the person had, within five years prior to the date of the conviction, been convicted of the same or of a similar offence, be sentenced to imprisonment for not less than 25 years.
(2)A court shall not impose the minimum mandatory sentence provided under section 27(1)(a)(i), 27(1)(b)(i) and 27(1)(c)(i) if the Court is satisfied that—
(a)the person did not use or threaten violence or was not in possession of dangerous weapons or did not aid and abet the commission of the offence, and
(b)the offence did not result in the death of, or serious bodily injury to, another person,
(c)the offence did not consist in, include or involve stealing from another person,
(d)the offence did not consist in, include or involve breaking into or entering into a building, dwelling house, vessel or vehicle.
(3)For the purposes of subsection (1) "similar offence" means an offence falling within the same Chapter as the offence for which the person is being sentenced.
(4)An offence referred to in subsection (1) shall be deemed to be an "excepted offence" for the purposes of section 282 of the Criminal Procedure Code.[section 27 amended by Act 5 of 2012 with effect from 6 August 2012]

28. Fines

Where a fine is imposed under any law, then in the absence of express provisions relating to such fine in such law the following provisions shall apply:—

(a)where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive;
(b)in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court;
(c)in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion—
(i)direct by its sentence that in default of payment of a fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also
(ii)issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant:Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so.
(d)The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.

29. Forfeiture

When any person is convicted of an offence under any of the following sections, namely, sections 91, 92, 93, 11, 112 and 374, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture to the Republic of any property which has passed in connection with the commission of the offence of, if such property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property; and any property or sum so forfeited shall be dealt with in such manner as the President may direct. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine.

30. Compensation

Any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence. Any such compensation may be either in addition to or in substitution for any other punishment.

30A. Compensation for owner deprived of property

(1)Notwithstanding section 30 and any other written law to the contrary, where a person is convicted of an offence under Chapter XXVI, Chapter XXVIII or Chapter XXIX the court shall, in addition to the sentence prescribed for the offence, order the person to compensate the owner or property who has been deprived of the property as a result of the commission of that offence.
(2)The court shall make a compensation order under this section when—
(a)it is proved at the trial that the owner has not been able to recover the property of which the owner has been deprived; or
(b)the uncontroverted facts of the case as disclosed by the prosecution after the accused pleads guilty reveal that the owner has not been able to recover the property of which the owner has been deprived.
(3)The amount of compensation ordered to be paid under this section shall be not less than the market value of the property at the time the owner was deprived thereof and the burden of proving such value shall lie on the prosecution.
(4)Where the person ordered to pay compensation is sentenced to imprisonment the compensation order shall take effect at the expiry of the person’s term of imprisonment and release from prison.
(5)A compensation order shall specify the manner and from of the payment of compensation and may include, if need be, conditions of such payment.
(6)If a person without reasonable cause fails to comply with a compensation order, the person commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand rupees.
(7)When a person is convicted of an offence under subsection (6), the court may, in addition to, or in lieu of, any penalty which may be imposed, order the forfeiture to the Republic of such property of the person as is equal in value to the amount of compensation ordered by the court and the property so forfeited may be dealt with in such manner as the court may direct to give effect to the compensation order.
(8)The court may all the case on its own motion or upon the application of any party appearing at the trial at any time after imposing the sentence so as to make an appropriate order to give effect to, alter or modify a compensation order.

31. Costs

Subject to the limitations imposed by section 146 of the Criminal Procedure Code a court may order any person convicted of an offence to pay the costs of and incidental to the prosecution or any part thereof.

32. Security for keeping the peace

A person convicted of an offence not punishable with imprisonment for life may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and may be ordered to be imprisoned until such recognizance, with sureties if so directed, is entered into; but so that the imprisonment for not entering into the recognizance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.

33. Repealed

[Repealed by the Probation of Offenders Act]

34. Certain provisions of Criminal Procedure Code to apply to recognisances under sections 32 and 33

The provisions of sections 105, 106 and 108, of the Criminal Procedure Code shall apply mutatis mutandis to recognisances taken under section 32 of this Code.

35. General punishment

When in this Code no punishment is especially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.

36. Sentences cumulative, unless otherwise ordered

Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence, which is passed upon him under the subsequent conviction, shall be executed after the expiration of the former sentence, unless the court directs that it shall be executed concurrently with the former sentence or of any part thereof:Provided that it shall not be lawful for a court to direct that a sentence under Chapter XXVI, Chapter XXVIII or Chapter XXIX be executed or made to run concurrently with one another or that a sentence of imprisonment in default of a fine be executed concurrently with the former sentence under section 28(c)(i) of this Code, or any part thereof.

37. Escaped convicts to serve unexpired sentences when recaptured

When sentence is passed under this Code on an escaped convict, such sentence—

(a)if a fine shall, subject to the provisions of this Code, take effect immediately;
(b)if of imprisonment, shall run consecutively or concurrently, as the court shall order, with the unexpired portion of the sentence which the convict was undergoing when he escaped.

38. Repealed

[Repealed by the Probation of Offenders Act]

Part II – Crimes

Division I – Offences against public order

Chapter VII
Treason and other offences against the authority of the Republic

39. Treason

(1)A person who—
(a)levies war, or does any act preparatory to levying war, against Seychelles;
(b)assists by any means whatever, with intent to assists, an enemy—
(i)at war with Seychelles, whether or not a state of war has been declared; and
(ii)specified by Proclamation made by the President for the purposes of this paragraph, to be an enemy at war with Seychelles;
(c)instigates any foreigner to make an armed invasion of Seychelles; or
(d)forms an intention to do any act referred to in a preceding paragraph and manifests that intention by an overt act,

is guilty of treason and liable on conviction to imprisonment for life.

(2)On the trial of a person charged with treason on the ground that he formed an intention to do an act referred to in paragraph (a), (b) or (c) of subsection (1) and manifested that intention by an overt act, evidence of the overt act shall not be admitted unless the overt act was alleged in the indictment.
(3)A person ho is not a citizen of Seychelles shall not be punishable under this section for anything done outside Seychelles, but a citizen of Seychelles may be tried for an offence under this section as if it had been committed within the jurisdiction of the court.

40. Concealment of treason

A person who—

(a)receives or assists another person who is, to his knowledge, guilty of treason in order to enable him to escape punishment; or
(b)knowing that a person intends to commit treason, does not give information thereof with all reasonable dispatch to the President, or a member of the Council of Ministers or a police officer or use other reasonable endeavours to prevent the commission of the offence,

is guilty of the felony of misprision of treason and liable on conviction to imprisonment for life.

41. Two witnesses necessary

A person shall not be convicted (except on his own plea of guilty) of an offence under section 39 or 40 upon the uncorroborated testimony of one witness.

42. Limitations as to trials for treason

A prosecution for an offence under section 39 or 40 shall be commenced not later than two years after the commission of the offence.

43. Repealed

[Repealed by Act 29 of 1976]

44 Inciting to mutiny

Any person who advisedly attempts to effect any of the following purposes, that is to say

(a)to seduce any person serving in the Defence Force or any member of the police force from his duty; or
(b)to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or
(c)to incite any such persons to make or endeavour to make a mutinous assembly,

is guilty of a felony, and is liable to imprisonment for life.

45. Aiding in acts of mutiny

Any person who—

(a)aids, abets, or is accessory to, any act of mutiny by; or
(b)incites to sedition or to disobedience to any lawful order given by

[note: no end punctuation as in original]a superior officer, any non-commissioned officer or private of the Defence Force or any police officer, is guilty of a misdemeanour.

46. Inducing desertion

Any person who, by any means whatever, directly or indirectly—

(a)procures or persuades or attempts to procure or persuade to desert; or
(b)aids, abets, or is accessory to the desertion of; or
(c)having reason to believe he is a deserter, harbours or aids in concealing,

any non-commissioned officer or private of the Defence Force or any police officer, is guilty of a misdemeanour, and is liable to imprisonment for six months.

47. Aiding prisoner of war to escape

Any person who—

(a)knowingly and advisedly aids an alien enemy of the Republic, being a prisoner of war in Seychelles, whether such prisoner is confined in a prison or elsewhere or is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Seychelles, is guilty of a felony, and is liable to imprisonment for life;
(b)negligently and unlawfully permits to escape of any such person as is mentioned in the last preceding paragraph, is guilty of a misdemeanour.

48. Definition of overt act

In the case of any of the offences defined in this chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the element of the offence, every act of conspiring with any person to effect that purpose and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.

49. Definitions

For the purposes of the eight next following sections of this Code—"import" includes—(a)to bring into Seychelles; and(b)to bring within the territorial waters of Seychelles whether or not the publication is brought ashore, and whether or not there is an intention to bring the same ashore."publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication;"periodical publication" includes every publication issued periodically or in parts or numbers at intervals whether regular or irregular;"seditious publication" means a publication having a seditious intention;"seditious words" means words having a seditious intention;"the public interest" means the interests of defence, public safety, public order, public morality or public health.

50. Power to prohibit importation of publication

(1)If the President is of the opinion that there is in any publication or series or publications published outside Seychelles by any person or association of persons matter which is contrary to the public interest, he may, in his absolute discretion, by order published in the Gazette, declare that that particular publication or series of publications, or all publications published by that person or association of persons, shall be a prohibited publication or prohibited publications, as the case may be.
(2)If an order made under the provisions of subsection (1) specified by name a publication which is a periodical publication, such order shall, unless a contrary intention be expressed therein, have effect—
(a)with respect to all subsequent issues of such publication; and
(b)not only with respect to any publication under that name, but also with respect to any publication published under any other name if the publishing thereof is in any respect a continuation of, or in substitution for, the publishing of the publication named in the order.
(3)If an order made under the provisions of subsection (1) declares that all publications published by a specified person or association of persons shall be prohibited publications, such order shall, unless a contrary intention be expressed therein, have effect not only with respect to all publications published by that person or association of persons before the date of the order but also with respect to all publications so published on or after such date.
(4)An order made under the provisions of subsection (1) shall, unless a contrary intention is expressed therein, apply to any translation into any language whatsoever of the publications specified in the order.
(5)Where an order has been made under subsection (1) declaring any series of publications or all publications published by any person or association of persons to be prohibited publications or specifying by name a publication which is a periodical publication, any person who wishes to import into Seychelles any particular publication in that series or published by that person or association or being a publication with respect to which the order is required by subsections (2) and (3) to have effect, may apply in writing to the Secretary to the Council of Ministers for a permit in that behalf, and, unless the Secretary to the Council of Ministers is satisfied that the publication contains matter which us contrary to the public interest, he shall grant such a permit and the order shall thereupon cease to have effect with respect to that publication.
(6)Any person whose application to the Secretary to the Council of Ministers under subsection (5) of this section has been refused may appeal against such refusal to the President whose decision thereon shall be final.

51. Offences in relation to importation of prohibited publications

(1)Any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication, the importation of which has been prohibited under section 50, or any extract therefrom, shall be guilty of an offence and liable for a first offence to imprisonment for two years or to a fine not exceeding Rs. 1.500, or to both such imprisonment and fine, and for a subsequent offence to imprisonment for three years; and such publication or extract therefrom shall be forfeited to the Republic.
(2)Any person who without lawful excuse has in his possession any publication the importation of which has been prohibited under section 50, or any extract therefrom, shall be guilty of an offence and liable for a first offence to imprisonment for one year or to a fine not exceeding Rs500 or to both such imprisonment and fine, and for a subsequent offence to imprisonment for two years: and such publication to extract therefrom shall be forfeited to the Republic.

52. Delivery of prohibited publication to police station

(1)Any person to whom any publication the importation of which has been prohibited under section 50, or any extract therefrom, is sent without his knowledge or privity or in response to a request made before the prohibition of the importation of such publication came into effect, or who has such a publication or extract therefrom in his possession at the time when the prohibition of its importation comes into effect, shall forthwith if or as soon as the nature of its contents have become known to him, or in the case of a publication or extract therefrom coming into the possession of such person before an order prohibiting its importation has been made, forthwith upon the coming into effect of an order prohibiting the importation of such publication, deliver such publication or extract therefrom to the officer in charge of the nearest police station, and in default thereof shall be guilty of an offence and liable to imprisonment for one year or to a fine not exceeding Rs. 500 or to both such imprisonment and fine; and such publication or extract therefrom shall be forfeited to the Republic.
(2)Any person who complies with the provisions of subsection (1), or is convicted of an offence under that subsection, shall not be liable to be convicted for having imported or having in his possession the same publication or extract therefrom.

53. Power to examine suspected packages

(1)Any of the following officers, that is to say—
(a)the Chief Postmaster;
(b)the Collector of Customs;
(c)any police officer not below the rank of Assistant Superintendent;
(d)any other officer authorised in that behalf by the President,

may detain, open and examine any package or article which he suspects to contain any publication or extract therefrom which it is an offence under the provisions of section 51 to import, publish, sell, offer for sale, distribute, reproduce or possess, and during such examination may detain any person importing, distributing or posting such package or article or in whose possession such package or article is found.

(2)If any such publication or extract therefrom is found in such package or article, the whole package or article may be impounded and retained by the officer and the person importing, distributing or posting it, or in whose possession it is found, may forthwith be arrested and proceeded against for the commission of an offence under section 51 or section 52, as the case may be.

54. Seditious intention

(1)An intention to effect any of the following purposes, that is to say—
(a)to bring the President into hatred or contempt;
(b)to excite disaffection against the Government, the Constitution or the National Assembly;
(c)to excite the people of Seychelles to attempt to procure the alteration, otherwise than by lawful means, of any matter in Seychelles established by law;
(d)to bring into hatred or contempt or to excite disaffection against the administration of justice in Seychelles;
(e)to raise discontent or disaffection amongst the people of Seychelles;
(f)to promote feelings of ill-will and hostility between different sections of the population of Seychelles,

is a seditious intention.

(2)An intention—
(a)to endeavour in good faith to show that the persons responsible for the Government have been or are mistaken in any of their counsels, policies or actions;
(b)to point out in good faith errors or defects in the Government, the Constitution, the National Assembly or the administration of Justice with a view to the reformation of those errors or defects;
(c)to excite in goods faith another person to attempt to procure by lawful means the alteration of any matter established by law in Seychelles;
(d)to pint out in good faith, in order to bring about their removal, any matters that are producing, or have a tendency to produce, feelings of ill-will or hostility between different classes of persons,

is not a seditious intention.

(3)In determining whether an intention to affect any purpose is a seditious intention, every person shall be deemed to intend the consequences which would naturally follow from effecting that purpose.

55. Seditious offences

(1)Any person who—
(a)does or attempts to do, or makes any preparation to do any act with a seditious intention;
(b)utters any seditious words;
(c)prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication;
(d)imports any seditious publication, unless he has no reason to believe that it is seditious,

shall be guilty of an offence and liable for a first offence to imprisonment for two years or to a fine not exceeding Rs. 1000 or to both such imprisonment and fine, and for a subsequent offence to imprisonment for three years, and any seditious publication shall be forfeited to the Republic.

(2)Any person who without lawful excuse has in his possession any seditious publication shall be guilty of an offence and liable for a first offence to imprisonment for one year or to a fine not exceeding Rs.500 or to both such imprisonment and fine, and for a subsequent offence to imprisonment for two years; and such publication shall be forfeited to the Republic.
(3)It shall be a defence to a charge under subsection (2) that, if the person charged did not know that the publication was seditious when it came into his possession, he did, as soon as the nature of the publication became known to him, deliver the publication to the officer in charge of the nearest police station.
(4)Any printing machine which has been, or is reasonably suspected of being, used for or in connexion with the printing or reproducing of a seditious publication may be seized or otherwise secured by a police officer pending the trial and conviction or discharge or acquittal of any person accused of printing or reproducing any seditious publication; and, when any person is convicted of printing or reproducing a seditious publication, the court may, in addition to any other penalty which it may impose, order that the printing machine on which the publication was printed or reproduced shall e either confiscated for a period not exceeding three years, or be forfeited, and may make such order whether or not the person convicted is, or was at the time when the publication was printed or reproduced, the owner of the printing machine; a printing machine forfeited under this subsection shall be disposed of as the President shall direct.
(5)When a proprietor, publisher, printer or editor of a newspaper, as defined in the Newspaper Act is convicted of printing or publishing a seditious publication in a newspaper, the court may, in addition to any other punishment it may impose, and whether or not it has made an order under subsection (4), make an order prohibiting any further publication of the newspaper for a period not exceeding three years.
(6)The court may, at any time, on the application of the Attorney General and on taking such security, if any, for good behaviour as the court may see fit to order, revoke any order made by it forfeiting or confiscating a printing machine or prohibiting further publication of a newspaper.
(7)A court before ordering the forfeiture or confiscation of a printing machine under this section shall be satisfied that the printing machine was the printing machine upon or by which the seditious publication was printed or reproduced.
(8)In any case in which a printing machine has been secured or confiscated under this section the Commissioner of Police may, in his discretion, cause—
(a)the printing machine or any part of it to be removed; or
(b)any part of the machine to be sealed so as to prevent its use:

Provided that the owner of the printing machine or his agents shall be entitled to reasonable access to it keep it in working order.

(9)The Commissioner of Police or any police officer acting in pursuance of the powers conferred by this section shall not be liable for any damage caused to a printing machine, whether by neglect or otherwise, not being damage willfully caused to the machine.
(10)Any person who uses or attempts to use a printing machine confiscated under subsection (4) is guilty of an offence and is liable to imprisonment for a term not exceeding three years.
(11)Any person who prints or publishes a newspaper in contravention of an order made under subsection (5) is guilty of an offence and is liable to imprisonment for a term not exceeding three years.
(12)In this section, "printing machine" includes a printing press, copying press, type-setting machine, photographic, duplicating or engraving apparatus, or other machine or apparatus used for or in connexion with printing or reproducing publications and the type, appurtenances and equipment thereof.

56. Legal proceedings

(1)No prosecution for an offence under section 55 of this Code shall be begun except within six months after the offence is committed:Provided that, where a person leaves Seychelles within six months of committing such offence, the prosecution for such offence may be begun within the six months from the date that such person returns to Seychelles after leaving it.
(2)A person shall not be prosecuted for an offence under section 55 of the Code without the written consent of the Attorney General.

57. Evidence

No person shall be convicted of an offence under section 55 of this code on the uncorroborated testimony of one witness.

58. Unlawful oath to commit capital offence

Any person who—

(a)administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it, to commit any offence punishable with imprisonment for life; or
(b)takes any such oath or engagement, not being compelled to do so,

is guilty of a felony, and is liable to imprisonment for life.

59. Other unlawful oaths

Any person who—

(a)administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it to act in any of the ways following, that is to say—
(i)to engage in any mutinous or seditious enterprise;
(ii)to commit any felony;
(iii)to disturb the public peace;
(iv)to be member of any association, society or confederacy formed for the purpose of doing any such act as aforesaid;
(v)to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose;
(vi)not to inform or give evidence against any associate, confederate or other person;
(vii)not to reveal or discover any unlawful association, society or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of any such oath or engagement, or
(b)takes any such oath or engagement, not being compelled to do so,

is guilty of a felony, and is liable to imprisonment for seven years.

60 Defence of compulsion

A person who takes any such oath or engagement as is mentioned ins sections 58 and 59 cannot set up as a defence that he was compelled to do so, unless within fourteen days after taking it, or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information an oath before a magistrate, or, if he is on actual service in the Defence Force, or in the police force, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.

61. Unlawful drilling

(1)Any person who—
(a)without the permission of the President trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions; or
(b)is present at any meeting or assembly of persons, held without the permission of the President for the purpose of training or drilling any other persons to the use of arms or the practice of military exercises, movements or evolutions,

is guilty of a felony, and is liable to imprisonment for seven years.

(2)Any person who, at any meeting or assembly held without the permission of the President is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour.

62. Publication of false news with intent to cause fear and alarm to the public

(1)Any person who publishes, whether orally or in writing or otherwise, any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that such statement, rumour or report is false, shall be guilty of an offence and liable to imprisonment for 3 years.
(2)Any person who with intent to bring the President into hatred, ridicule or contempt publishes any defamatory or insulting matte whether in writing, print, word of mouth or in any other manner shall be guilty of an offence and liable to imprisonment for 3 years.

62A. Defamation of President

Any person who with intent to bring the President into hatred, ridicule or contempt publishes any defamatory or insulting matte whether in writing, print, word of mouth or in any other manner shall be guilty of an offence and liable to imprisonment for 3 years.

Chapter VIII
Offences affecting relations with foreign states and external tranquility

63. Defamation of foreign princes

Any person who without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to degrade, revile or expose to hatred or contempt any foreign prince, potentate, ambassador or other foreign dignitary with intent to disturb peace and friendship between Seychelles and the country to which such prince, potentate, ambassador or dignitary belongs, is guilty of a misdemeanour.

64. Repealed

[Repealed by S.I. 72 of 1976.]

65. Piracy

(1)Any person who commits any act of piracy within Seychelles or elsewhere is guilty of an offence and liable to imprisonment for 30 years and a fine of R1 million.
(2)Notwithstanding the provisions of section 6 and any other written law, the courts of Seychelles shall have jurisdiction to try an offence of piracy or an offence referred to under subsection (3) whether the offence is committed within the territory of Seychelles or outside the territory of Seychelles.
(3)Any person who attempts or conspires to commit, or incites, aids and abets, counsels or procures the commission of, an offence contrary to section 65(1) within Seychelles or elsewhere commits an offence and shall be liable to imprisonment for 30 years and a fine of R1 million.
(4)For the purposes of this section "piracy" includes—
(a)any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft and directed—
(i)on the high seas, against another ship or aircraft, or against persons or property on board such a ship or aircraft;
(ii)against a ship, an aircraft, a person or property in a place outside the jurisdiction of any State;
(b)any act of voluntary participation in the operation of a ship or an aircraft with knowledge of facts making it a pirate ship or a pirate aircraft; or
(c)any act described in paragraph (a) or (b) which, except for the fact that it was committed within a maritime zone of Seychelles, would have been an act of piracy under either of those paragraphs.
(5)A ship or aircraft shall be considered a pirate ship or a pirate aircraft if—
(a)it has been used to commit any of the acts referred to in subsection (4) and remains under the control of the persons who committed those acts; or
(b)it is intended by the person in dominant control of it to be used for the purpose of committing any of the acts referred to in subsection (4).
(6)A ship or aircraft may retain its nationality although it has become a pirate ship or a pirate aircraft. The retention or loss of nationality shall be determined by the law of the State from which such nationality was derived.
(7)Members of the Police and Defence Forces of Seychelles shall on the high seas, or may in any other place outside the jurisdiction of any State, seize a pirate ship or a pirate aircraft, or a ship or an aircraft taken by piracy and in the control of pirates, and arrest the persons and seize the property on board. The Seychelles Court shall hear and determine the case against such persons and order the action to be taken as regards the ships, aircraft or property seized, accordingly to the law.

[section 65 amended by Act 5 of 2012 with effect from 6 August 2012]

Chapter IX
Unlawful societies, assemblies, riots and other offences against public tranquility

66. Definition of society and unlawful society

(1)A society includes any combination of ten or more persons whether the society be known by any name or not.
(2)A society is an unlawful society—
(a)if formed for any of the following purposes—
(i)levying war or encouraging or assisting any person to levy war on the Government or the inhabitants of any part of Seychelles; or
(ii)killing or injuring or inciting to the killing or injuring of any person; or
(iii)destroying or injuring or inciting to the destruction or injuring of any property; or
(iv)subverting or promoting the subversion of the Government or if its officials; or
(v)committing or inciting to acts of violence or intimidation; or
(vi)interfering with, or resisting, or inciting to interference with or resistance to the administration of the law; or
(vii)disturbing or inciting to the disturbance of peace and order in any part of Seychelles; or
(b)if declared by an order of the President to be a society dangerous to the good government of Seychelles.

67. Managing unlawful society

Any person who manages or assists in the management of an unlawful society is guilty of a felony and is liable to imprisonment for seven years.

68. Being member of unlawful society

Any person who—

(a)is a member of an unlawful society; or
(b)knowingly allows a meeting of an unlawful society, or of members of an unlawful society, to be held in any house, building or place belonging to or occupied by him, or over which he has control,

is guilty of a felony, and is liable to imprisonment for three years.

69. Prosecutions under sections 67 and 68

(1)A prosecution for an offence under section 67 or 68 shall not be instituted except with the consent of the Attorney General:Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.
(2)In any prosecution for an offence under section 67 or 68 it shall not be necessary to prove that the society consisted of ten or more members; but it shall be sufficient to prove the existence of a combination of persons, and the onus shall then rest with the accused to prove that the number of members of such combination did not amount to ten.
(3)Any person who attends a meeting of an unlawful society shall be presumed, until and unless the contrary is proved, to be a member of the society.
(4)Any person who has in his possession or custody or under his control any of the insignia, banners, arms, books, papers, documents or other property belonging to an unlawful society, or wears any of the insignia, or is marked with any mark of the society, shall be presumed, unless and until the contrary is proved, to be a member of the society.

70. Power of entry, arrest, search, etc.

Any peace officer, and any police officer authorised in writing by a peace officer, may enter with or without assistance any house or building or into any place in which he had reason to believe that a meeting of an unlawful society, or of persons who are members of an unlawful society, is being held, and to arrest or cause to be arrested all persons found therein and to search such house, building or place, and seize or cause to be seized all insignia, banners, arms, books, papers, documents and other property which he may have reasonable cause to believe to belong to any unlawful society, or to be in any way connected with the purpose of the meeting.For the purpose of this section, the expression "peace officer" means any magistrate or any police officer not below the rank of sergeant.

71. Declaration by President

(1)When a society is declared to be an unlawful society by an order of the President in his discretion, the following consequences shall ensue:—
(a)the property of the society within Seychelles shall forthwith vest in an officer appointed by the President;
(b)the officer appointed by the President shall proceed to wind up the affairs of the society, and after satisfying and providing for all debts and liabilities of the society and the costs of the winding up, if there shall then be any surplus assets, shall prepare and submit to the President a scheme for the application of such surplus assets;
(c)such scheme, when submitted for approval, may be amended by the President in such way as he shall think proper in the circumstances of the case;
(d)the approval of the President to such scheme shall be denoted by the endorsement thereon of a memorandum of such approval signed by the President and, upon this being done, the surplus assets, the subject of the scheme, shall be held by such officer upon the terms and to the purposes hereby prescribed;
(e)for the purposes of the winding up, the officer appointed by the President shall have all the powers vested in the Official Assignee for the purpose of the discovering of the property of s debtor and the realization thereof.
(2)The President may, for the purpose of enabling a society to wind up its own affairs, suspend the operation of this section for such period as to him shall seem expedient.
(3)The provisions of subsection (1) shall not apply to any property seized at any time under section 70.

72. Forfeiture of insignia, etc.

Subject to the provisions of section 71, the insignia, banners, arms, books, papers, documents and other property belonging to an unlawful society shall be forfeited to the Republic, and shall be dealt with in such manner as the President may direct.

73. Definition of unlawful assembly and riot

When three or more persons assemble with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, they are an unlawful assembly.It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid.When an unlawful assembly has begun to execute the purpose for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled.

74. Punishment of unlawful assembly

Any person who takes part in an unlawful assembly is guilty of a misdemeanour, and is liable to imprisonment for one year.

75. Punishment of riot

Any person who takes part in a riot is guilty of a misdemeanour.

76. Proclamation for rioters or assembly to disperse

A magistrate, a Justice of Peace within the area of his jurisdiction, a police officer of or above the rank of sub-inspector or such other person as the President may appoint, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.

77. Dispersal of rioters or persons assembled after proclamation

If, after such proclamation made or if the making of such proclamation has been prevented by force, twelve or more persons continue so assembled together, any person authorised to make the proclamation, or any police officer, or any other person acting in aid of such person or police officer may do all things necessary for dispersing the persons so continuing assembled and for apprehending them or any of them, and, if any person makes resistence, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.

78. Calling on military forces

(1)If, in the opinion of a person authorised to make the proclamation, the force of police available is insufficient to disperse such assembly, or is unable to control the situation created by such assembly, such person shall request the military forces, if any, to assist and restore order. Such request shall be made in writing wherever practicable. Every member of the military forces so requested to assist and restore order shall have the same powers and immunities as a police officer under section 77 of this Code.
(2)For the purposes of this section "military forces" include naval and air forces.

79. Rioting or failure to disperse after proclamation

If such proclamation is made commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, after the making of such proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for five years.

80. Obstructing proclamation

Any person who forcibly prevents or obstructs the making of such proclamation as is in section 76 mentioned is guilty of a felony, and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly is guilty of a felony and is liable to imprisonment for five years.

81. Rioters destroying buildings, etc.

Any persons who, being riotously assembled together, unlawfully pull down or destroy or begin to pull down or destroy any building, machinery or structure are guilty of a felony, and each of them is liable to imprisonment for life.

82. Injury to buildings by rioters

Any persons who, being riotously assembled together, unlawfully damage any of the things in section 81 mentioned are guilty of a felony, and each of them is liable to imprisonment for seven years.

83. Riotously preventing sailing of ship

All persons are guilty of a misdemeanour who, being riotously assembled, unlawfully and with force prevent, hinder, or obstruct the loading or unloading, or the sailing or navigating of any vessel, or unlawfully and with force board any vessel with intent to do so.

84. Possession of fire-arms, etc.

(1)Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie upon him, carries or has in his possession or under his control any firearm or other offensive weapon, or any ammunition, incendiary material or explosive in circumstances which raise a reasonable presumption that such firearm, offensive weapon, ammunition, incendiary material or explosive is intended to be used or has recently been used in a manner or for a purpose prejudicial to public order is guilty of a felony ad is liable to imprisonment for seven years.
(2)Any person who consorts with, or is found in the company of, another person who, in contravention of subsection (1), is carrying or has in his possession or under his control any firearm or other offensive weapon, or any ammunition, incendiary material or explosive, in circumstances which raise a reasonable presumption that he intends to act or has recently acted with such other person in a manner or for a purpose prejudicial to public order, is guilty of a felony and is liable to imprisonment for five years.
(3)Any person who knowingly negotiates, procures, arranges for, or is in any way concerned in or assists, the delivery to any other person, or the delivery by any person to any other person, of any firearm or other offensive weapon, or any ammunition, incendiary material or explosive, whether by way of sale, hire, gift, loan or otherwise, in circumstances which raise a reasonable presumption that he knew or believed that such firearm, offensive weapon, ammunition, incendiary material or explosive was intended or likely to be used by any person in a manner or for a purpose prejudicial to public order is guilty of a felony and is liable to imprisonment for five years.
(4)Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie upon him, has with him in any public place an offensive weapon is guilty of a misdemeanour and is liable to a fine of one thousand rupees and to imprisonment for one year.
(5)Where any person is convicted of an offence under this section any weapon or other articles in respect of which the offence was committed shall be forfeited to the Republic.
(6)A person shall not be prosecuted for an offence under this section, other than an offence under subsection (4), without the written consent of the Attorney General.
(7)In any prosecution for an offence under this section, other than an offence under subsection (4), without the written consent of the Attorney General.
(8)In this section—"ammunition" means ammunition for any firearm as hereinafter defined and includes grenades, bombs and other like missiles whether capable of use with such a firearm or not, and any ammunition containing or designed or adapted to contain any noxious liquid, gas or other thing;"explosives" means any explosive within the meaning of the Explosives Act;"firearm" means any lethal barreled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the discharge of any such shot, bullet or other missile, and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing, and includes the barrel, bolt and chamber, and any other essential component part, of any such weapon as aforesaid;"incendiary material" means any material capable of being used for causing damage to property by fire and intended by the person having it in his possession or under his control for such use;"offensive weapon" means any article made or adapted for use for causing injury to the person or intended by any person having it with him for such use by him and includes any axe, hatchet, cutlass, knife or club.

85. Forcible entry

Any person who, in order to take possession thereof enters on any lands or tenements in a violent manner, whether such violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, is guilty, of the misdemeanour termed forcible entry.It is immaterial whether he is entitled to enter on the land or not, provided that a person who enters upon lands or tenements of his own, but which are in the custody of his servant or bailiff, does not commit the offence of forcible entry.

86. Forcible detainer

Any person who, being in actual possession of land without colour of right, holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land is guilty of the misdemeanour termed forcible detainer.

87. Affray

Any person who takes part in a fight in a public place is guilty of a misdemeanour, and is liable to imprisonment for one year.

88. Challenge to a duel

Any person who challenges another to fight in a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour.

89. Threatening violence, etc.

Any person who—

(a)threatens another with any injury, damage, harm or loss to any person or property with intent to cause alarm to that person, or to cause that person, to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as a means of avoiding the execution of such threat; or
(b)discharges any loaded firearm or commits any breach of the peace with intent to alarm any person,

is guilty of a misdemeanour and is liable to imprisonment for five years.

89A. Incitement to violence and disobedience of the law

(1)Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints or publishes any words, or does any act or thing, indicating or implying that it is or might be desirable to do, or omit to do any act, the doing or omission of which is calculated—
(a)to bring death or physical injury to any person or to any class, community or body of persons;
(b)to lead to the damage or destruction of any property; or
(c)to prevent or defeat by violence or by other unlawful means the execution or enforcement of any law in force in the Republic or to lead to defiance or disobedience of any such law or any lawful authority,

is guilty of a misdemeanour and is liable to imprisonment for seven years.

(2)A person shall not be prosecuted for an offence under paragraph (c) of subsection (1) without the written consent of the Attorney General.

90. Assembling to smuggle

Any persons who assemble together, to the number of two or more, for the purpose of unshipping, carrying or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs, are guilty of a misdemeanour, and each of them is liable to a fine not exceeding Rs. 1,000 or to imprisonment for six months.

Division II - Offences against the administration of lawful authority

Chapter X
Corruption and the abuse of office

91. Official corruption

Any person who—

(a)being employed in the public service, and being charged with the performance of any duty by virtue of such employment, corruptly solicits, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his office; or
(b)corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for any person employed in the public service, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed,

is guilty of a felony, and is liable to imprisonment for seven years.

92. Extortion by public officers

Any person who, being employed in the public service, takes or accepts from any person for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for seven years.

93. Receipt of property for favours

Any person who, being employed in the public service, receives any property or benefit of any kind for himself, on the understanding, express or implied, that he shall favour the person giving the property or conferring the benefit, or any one in whom that person is interested, in any transaction then pending, or likely to take place, between the person giving the property or conferring the benefit, or any one in whom he is interested, and any person employed in the public service, is guilty of a felony, and is liable to imprisonment for five years.

94. Officers with special duties to property

Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding directly or indirectly, a private interest in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of a felony, and is liable to imprisonment for five years.

95. False claims by officials

Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of a misdemeanour and is liable for imprisonment for three years.

96. Abuse of authority of office

Any person who, being employed in the public service, does or directs to be done, abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour and is liable to imprisonment for three years.If the act is done or directed to be done for purposes of gain he is guilty of a felony, and is liable to imprisonment for five years.A prosecution for any offence under this section or section 94 or 95 shall not be instituted except by or with the sanction of the Attorney General.

97. False certificates by public officers

Any person who, being authorised or rehired by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificates which is, to his knowledge, false in any material particular is guilty of a misdemeanour and is liable to imprisonment for three years.

98. Unauthorised administration of oaths

Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he had not by law any authority to do so is guilty of a misdemeanour and is liable to imprisonment for one year:Provided that this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate or a Justice of the Peace in any matter relating to the preservation of the peace or the punishment of offences re relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation, or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

99. False assumption of authority

Any person who—

(a)not being a judicial officer, assumes to act as a judicial officer; or
(b)without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorised by law to do so; or
(c)represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised,

is guilty of a misdemeanour and is liable to imprisonment for three years.

100. Personating public officers

Any person who—

(a)personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or
(b)falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment,

is guilty of a misdemeanour, and is liable to imprisonment for three years.

101. Threat of injury to persons employed in public services

Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person employed in the public service to be interested, for the purpose of inducing that person employed in the public service to do any act or to forbear or delay to do any act connected with the exercise of the public functions of such person employed in the public service, is guilty of a felony and is liable to imprisonment for five years.

Chapter XI
Offences relating to the administration of justice

102. Perjury and subornation of perjury

(1)Any person who, in any judicial proceeding, or for the purpose of instructing any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed perjury.It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.It is immaterial whether the false testimony is given orally or in writing.It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.
(2)Any person who aids, abets, counsels, procures, or suborns another person to commit perjury is guilty of the misdemeanour termed subornation or perjury.

103. False statement by interpreters

If any person, lawfully sworn as an interpreter in a judicial proceeding, willfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be guilty of perjury.

104. Punishment of perjury and subornation

Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.

105. Evidence on charge of perjury

A person cannot be convicted of committing perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

105A. Contradictory statements

(1)Where a witness in any judicial proceedings (other than a person accused of an offence in criminal proceedings) has made a statement on oath or affirmation of some fact relevant in the proceedings, contradicting in a material detail a previous statement made on oath or affirmation by the same witness before the same court or any other court or tribunal, such witness, if a court is satisfied that either of such statements was made with intent to deceive, is guilty of a misdemeanour.
(2)Upon the trial of any person for an offence under this section, it shall not be necessary to prove the falsity of either of the contradictory statements, but, upon proof that both the statements were made by him, the court, if satisfied that the statements, or either of them, were or was made with intent to deceive, shall convict the accused.
(3)At the trial of any person for an offence under this section, the record of a court or tribunal containing any statement made on oath or affirmation by the person charged shall be prima facie evidence of such statement.
(4)For the avoidance of doubt, it is hereby declared that a person shall be liable to be convicted of an offence under this section notwithstanding that any statement made by him before a court or tribunal was made in reply to a question which he was bound by law to answer, and any such statement shall be admissible in any proceedings under this section.

106. Fabricating evidence

Any person who, with intent to mislead any tribunal in any judicial proceeding

(a)fabricates evidence by any means other than perjury or subornation of perjury; or
(b)knowingly makes use of such fabricated evidence,

is guilty of misdemeanour, and is liable to imprisonment for seven years.

107. False swearing

Any person who swears falsely or makes a false affirmation or declaration before any person authorised to administer an oath or take a declaration upon a matter or public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury is guilty of a misdemeanour.

108. Deceiving witnesses

Any person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour.

109. Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, willfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour.

110. Conspiracy to defeat justice and interference with witnesses

Any person commits a misdemeanour who—

(a)conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent pervert, or defeat the course of justice; or
(b)in order to obstruct the due course of justice, dissuades, hinders, or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or
(c)obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal.

111. Compounding felonies

Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue, or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.

112. Compounding penal actions

Any person who, having brought, or under pretence of bringing, an action against another person upon a penal Act or statute in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour.

112A. Misprision of felony

(1)Any person who, knowing a felony to have been committed, conceals his knowledge of such felony, is guilty of a misdemeanour.
(2)A person shall be deemed to conceal his knowledge of a felony if, without lawful excuse, he fails or refuses to disclose to proper authority all material facts known to him relative to such felony.

113. Advertisements for stolen property

Any person who—

(a)publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested; or
(b)publicly offers to return to any person who may have bought, or advanced money by way of loan upon, any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of such property; or
(c)prints or publishes any such offer,

is guilty of a misdemeanour.

114. Offences relating to judicial proceedings

(1)Any person who—
(a)within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech r manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or
(b)having been called upon to give evidence in a judicial proceeding, fails to attend, or having attended, refuses to be sworn or to make an affirmation or, having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or
(c)causes an obstruction or disturbance in the course of a judicial proceeding; or
(d)while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any such person before whom such proceeding is being had or taken; or
(e)publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or
(f)attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence; or
(g)dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or
(h)wrongfully retakes possession of land from any person who has recently obtained possession by a writ or court; or
(i)commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken,

is guilty of an offence, and is liable to imprisonment for three months.

(2)When any offence against paragraphs (a), (b), (c), (d) or (i) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody and at any time before the rising of the court on the same day take cognizance of the offence and sentence the offender to a fine of Rs. 250 and to imprisonment for one month.
(3)The provisions of this section shall be deemed to be addition to and not in derogation from the power of the Supreme Court to punish for contempt of court.

114A. Sanction of Attorney General

No prosecution for an offence under section 104, section 105A or section 107 shall be commenced without the written consent of the Attorney General.

Chapter XII
Rescues, Escapes and Obstructing Officers of Court of Law

115. Rescue

Any person, who by force rescues or attempts to rescue from lawful custody any other person

(a)is, if such last-named person is under sentence of imprisonment for life, or charged with an offence punishable with imprisonment for life, guilty of a felony, and is liable to imprisonment for life; and
(b)is, if such other person is imprisoned on a charge or under sentence for any offence other than those specified above, guilty of a felony, and is liable to imprisonment for seven years; and
(c)is, in any other case, guilty of a misdemeanour.

If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.

116. Escape

(1)Subject to subsection (2) any person who, being in lawful custody, escapes from such custody, is guilty of a misdemeanour.
(2)Notwithstanding subsection (1), any person who whilst under lawful custody under an order by a court escapes from such custody is guilty of an offence and is liable to imprisonment for a term of not less than 5 years.
(3)Any person who—
(a)aids a prisoner in escaping from lawful custody contray to subsection (2);
(b)knowingly harbours a prisoner who has so escaped; or
(c)conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner contrary to subsection (2),

is guilty of an offence and is liable to imprisonment for a term of not less than 3 years.

117. Aiding prisoners to escape

Any person who—

(a)aids a prisoner in escaping or attempting to escape from lawful custody; or
(b)conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner,

is guilty of a felony, and is liable to imprisonment for seven years.

118. Taking property under lawful seizure

Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process receives, removes, retains, conceals, or disposes of such property, is guilty of a felony, and is liable to imprisonment for three years.

119. Obstructing court officers

Any person who willfully obstructs or resists any person law fully charged with the execution of an order or warrant of any court, is guilty of a misdeameanour, and is liable to imprisonment for one year.

Chapter XIII
Miscellaneous offences against public authority

120. Frauds by public officers

Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a misdemeanour.

121 Neglect of duty by public officers

Every person employed in the public service who willfully neglects to perform any duty which he is bound either by statute or Act to perform, provided that the discharge of such duty is not attended with greater danger than a man of ordinary firmness and activity may be expected to encounter, is guilty of a misdemeanour.

122. False information to person employed in the public service

Whoever gives to any person employed in the public service any information which he knows or believes to be false intending thereby to cause, or knowing it to be likely that he will thereby cause such person employed in the public service

(a)to do or omit anything which such person employed in the public service ought not to do or omit if the true state of facts respecting which such information is given were known to him; or
(b)to use the lawful power of such person employed in the public service to the injury or annoyance of any person; or
(c)to devote his time and services to the investigation of such information,

shall be guilty of a misdemeanour and shall be liable to imprisonment for six months or to a fine of Rs. 500 or to both such fine and such imprisonment.

122A. False reports causing wasteful employment of police

(1)Any person who causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed or to give rise to apprehension for the safety of any person or property, or tending to show that he has information material to any police enquiry shall be guilty of an offence and liable to imprisonment for one year.
(2)A prosecution for an offence under this section shall not be instituted except with the consent of the Attorney General.

123. Disobedience of statutory duty

Everyone who willfully disobeys any statute or Act by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, is guilty of a misdemeanour, and is liable, unless it appears from the statute or Act that it was the intention of the Legislature to provide some other penalty for such disobedience, to imprisonment for two years.

124. Disobedience of lawful order

Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or person acting in any public capacity and duly authorised in that behalf, is guilty of a misdemeanour, and is liable, unless any other penalty or mode of proceeding is expressly prescribed in respect of such disobedience, to imprisonment for two years.

Division III – Offences injuries to the public in general

Chapter XIV
Offences relating to religion

125. Insult to religion of any class

Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, is guilty of a misdemeanour.

126. Disturbing religious assemblies

Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony, is guilty of a misdemeanour.

127. Trespassing on burial places, etc.

Every person who with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of a misdemeanour.

128. Writing or uttering words with intent to wound religious feelings

Any person who, with the deliberate intention of wounding the religious feelings of any other person, writes any word, or any person who, with the like intention, utters any word or makes any sound in the hearing of any other person or makes any gesture or places any object in the sight of any other person is guilty of misdemeanour and is liable to imprisonment for one year.

129. Hindering burial of dead body, etc.

Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority in that behalf disinters, dissects, or harms the dead body of any person or, being under a duty to cause the dead body of any person or, being under a duty to cause the dead body of any person to be buried, fails to perform such duty, is guilty of a misdemeanour.In this section the word "burial" means burial in earth, interment or any other form or sepulture or the cremation or any other mode of disposal of a dead body and "buried" has a corresponding meaning.

Chapter XV
Offences against morality

130. Sexual assault

(1)A person who sexually assaults another person is guilty of an offence and liable to imprisonment for 20 years:Provided that where the victim of such assault is under the age of 15 years and the accused is of or above the age of 18 years and such assault falls under subsection (2)(c) or (d), the person shall be liable to imprisonment for a term not less than 14 years and not more than 20 years:Provided also that if the person is convicted of a similar offence within a period of 10 years from the date of the first conviction the person shall be liable to imprisonment for a period not less than 28 years:Provided further that where it is the second or a subsequent conviction of the person for an assault referred to in subsection (2)(d) on a victim under 15 years within a period of ten years from the date of the conviction, the person shall be liable to imprisonment for life.
(2)For the purposes of this section "sexual assault" includes—
(a)an indecent assault;
(b)the non-accidental touching of the sexual organ of another;
(c)the non-accidental touching of another with one’s sexual organ, or
(d)the penetration of a body orifice of another for a sexual purpose.
(3)A person does not consent to an act which if done without consent constitutes an assault under this section if—
(a)the person’s consent was obtained by misrepresentation as to the character of the act of the identity of the person doing the act;
(b)the person is below the age of fifteen years; or
(c)the person’s understanding and knowledge are such that the person was incapable of giving consent.
(4)In determining the sentence of a person convicted of an offence under this section the court shall take into account, among other things—
(a)whether the person used or threatened to use violence in the course of or for the purpose or committing the offence;
(b)whether there has been any penetration in terms of subsection (2)(d); or
(c)any other aggravating circumstances.

[section 130 amended by Act 5 of 2012 with effect from 6 August 2012]

131. Repealed

[Repealed by Act 15 of 1996]

132. Repealed

[Repealed by Act 15 of 1996]

133. Abduction

Any person who, with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.

133A. Abduction of girls under eighteen years

(1)Any person who unlawfully takes an unmarried girl under the age of eighteen years out of the custody or protection of her father or mother or other person having the lawful care or harge of her and against the will of such father or mother or other person, if she is taken with the intention that she may be unlawfully and carnally known by any man whether any particular man or generally, is guilty of a misdemeanour.
(2)It shall be sufficient defence to a charge under this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of eighteen years.

134. Abduction of girls under sixteen

Any person who unlawfully takes an unmarried girl under the age of fifteen years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour.

135. Sexual interference with a child

(1)A person who commits an act of indecency towards another person who is under the age of fifteen years is guilty of an offence and liable to imprisonment for 20 years:Provided that where the person accused is of or above the age of 18 years and the act of indecency is of a kind described in subsection 2(c) or (d) of section 130(2) the person shall be liable to imprisonment for a term not less than 14 years and not more than 20 years:Provided also that if the person is convicted of a similar offence within a period of 10 years from the date of the first conviction, the person shall be liable to imprisonment for a period not less than 28 years:Provided further that where it is the second or a subsequent conviction of the person for the sexual interference referred to in subsection (2)(d) within a period of ten years from the date of the conviction, the person shall be liable to imprisonment for life.
(2)A person is not guilty of an offence under this section if at the time of the offence the victim of the act of indecency was—
(a)fourteen years old or older and the accused had reasonable ground to believe that the victim was over fifteen years old; or
(b)the spouse of the accused.

[section 135 amended by Act 5 of 2012 with effect from 6 August 2012]

136. Sexual interference with dependant

(1)A person who interferes sexually with another person of the age of fifteen years or older but under the age of eighteen years, referred to in this section as the "victim", who—
(a)is dependent upon, or is under the legal authority of, the firstmentioned person, but is not the spouse of the first-mentioned person; or
(b)is closely related by blood to the first-mentioned person,

is guilty of an offence and is liable to imprisonment for 20 years;Provided that where the person accused is of or above the age of 18 years the person shall be liable to imprisonment for a term not less than 7 years and not more than 20 years.Provided also that if the person is convicted of a similar offence within a period of 10 years from the date of the first conviction, the person shall be liable to imprisonment for a period not less than 14 years and not more than 20 years.

(2)For the purposes of this section a person interferes sexually with another person if—
(a)the person commits an act of indecency towards that other person;
(b)the person non-accidentally touches the other person’s sexual organ;
(c)the person non-accidentally touches the other person with the person’s sexual organ;
(d)the person penetrates any part of the body orifice of the other person for a sexual purpose.
(3)For the purposes of subsection (1), a victim is dependent upon, or is under the legal authority of a person if the person is the guardian of or has control or custody over or care of the victim or was at the time living in the same household as the victim and was in a position of authority over the victim.
(4)For the purposes of subsection (1) a person is closely related to a victim if the person is the father, mother, brother or half-brother, sister or half-sister, grandfather or grandmother of the victim.

[section 136 amended by Act 5 of 2012 with effect from 6 August 2012]

137. Indecent Assault

A person who does an indecent act—

(a)in the public view;
(b)in a public place n the presence of one or more persons; or
(c)in any place, with intent thereby to insult or offend any person,

is guilty of an offence and liable to imprisonment for five years.

138. Procuration

Any person who—

(a)procures or attempts to procure any girl or woman under the age of twenty-one years, not being a common prostitute or of known immoral character, to have unlawful carnal connection, either in Seychelles or elsewhere, with any other person or persons; or
(b)procures or attempts to procure any woman or girl to become, either in Seychelles or elsewhere, a common prostitute; or
(c)procures or attempts to procure any woman or girl to leave Seychelles, with intent that she may become an inmate of or frequent a brothel elsewhere; or
(d)procures or attempts to procure any woman or girl to leave her usual place of abode in Seychelles (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Seychelles or elsewhere,

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

139. Procuring defilement by threats, etc

Any person who—

(a)by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either in Seychelles or elsewhere; or
(b)by false prêtences of false representations procures any woman or girl, not being a common prostitute or of known immoral character, to have any unlawful carnal connection, either in Seychelles or elsewhere; or
(c)applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl,

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

140. Householder permitting defilement of girls under thirteen

(1)Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any girl under the age of thirteen years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, is guilty of a felony, and is liable to imprisonment for five years.
(2)Any person who, being the owner or occupier of premises or having or assisting in the management or control thereof, induces r knowingly suffers any girl not under the age of thirteen years but under the age of fifteen years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, is guilty of a misdemeanour.
(3)It shall be a sufficient defence to any charge this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of fifteen years.

141. Detention of female in brothel and elsewhere

Any person who detains any woman or girl against her will—

(a)in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or generally; or
(b)in any brothel,

is guilty of a misdemeanour.When a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connection, or is in any brotherl, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.

142. Power to search

If it appears to any magistrate, on information made before him on oath by any parent, relative or guardian of any woman or girl or other person who, in the opinion of the magistrate, is acting bona fide in the interests of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such magistrate, such magistrate may issue a warrant authorizing the person named therein to search for, and, when found, to take to and detain in a place of safety such woman or girl until she can be brought before a magistrate; and the magistrate before whom such woman or girl is brought may cause her to delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.A magistrate issuing such warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a magistrate and proceedings to be taken for punishing such person according to law.A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of being unlawfully and carnally known by any man, whether any particular man or generally, and—

(a)either is under the age of fifteen years; or
(b)if she is of or over the age of fifteen years and under the age of eighteen years, is so detained against her will or against the will of her father or mother or of any person having the lawful care or charge of her; or
(c)if she is of or over the age of eighteen years and is so detained against her will.

Any person authorised by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be by force) any house, building, or other place mentioned in the warrant, and may remove such woman therefrom.

143. Procuring for prostitution for purposes of gain

Whoever for purposes of gain—

(a)procures, entices or leads away, for purposes of prostitution, another person (even with the consent of that other person); or
(b)exploits, or is an accessory in, the prostitution of another person (even with the consent of that other person), or the illicit carnal connection of two other persons,

is guilty of a misdemeanour.

144. Procuring for prostitution, etc., other than for purposes of gain Whoever—

(a)procures, entices or leads away, for purposes prostitution, another person (even with the consent of that other person); or
(b)exploits, or is an accessory in, the prostitution of another person (even with the consent of that other person),

where the person procured, enticed, led away or exploited is less than twentyone years old at the time of the offence, or is procured, enticed, led away or exploited for the purpose of being sent abroad, or by the use of fraud, deceit, threat, violence or any other means of duress, is guilty of a misdemeanour.

145. Repealed

[Repealed by Act 15 of 1996]

146. Conspiracy to defile

Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her is guilty of a felony, and is liable to imprisonment for three years.

147. Abortion

Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing or uses any force of any kind, or uses any other means whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.

148. Abortion by woman with child

Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony, and is liable to imprisonment for three years.

149. Drugs and instruments for abortion

Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony, and is liable to imprisonment for three years.

149A. Medical termination of pregnancy

A person shall not be guilty of a felony under section 147, 148 or 149 when a pregnancy is terminated under the Termination of Pregnancy Act.

150. Knowledge of age in offences against women

Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman or girl under a specified age, that the accused person did not know that the woman or girl was under that age, or believed that she was not under that age.

151. Unnatural offences

Any person who—

(a)[Repealed]
(b)has carnal knowledge of an animal; or
(c)[Repealed]

is guilty of a felony, and is liable to imprisonment for fourteen years.[section 151(a) and (c) repealed by section 2 of Act 11 of 2016 w.e.f. 7 June 2016]

151A. Incest

(1)A person who has sexual intercourse with another person of the opposite sex when the person knows that the person and that other person are closely related by blood is guilty of an offence and liable to imprisonment for 3 years.
(2)A person is closely related by blood to another person if—
(a)in the case of a man, the other person is the grandmother, mother, sister, half-sister, daughter or grand-daughter of the person;
(b)in the case of woman, the other person is the grand-father, father, brother, half-brother, son or grandson of the person.

152. Display of or traffic in indecent material

(1)A person who—
(a)for the purposes or by way of trade or for the purpose of public exhibition or distribution to the public, makes, purchases, hires or has in the person’s possession any indecent material;
(aa)makes, takes or has in the person’s possession without a reasonable excuse an indecent photograph, sketch, drawing or picture of a child;
(b)for the purposes or by way of trade or for the purpose of public exhibition or distribution to the public conveys, exports or imports, causes to be conveyed, exported or imported or puts in circulation any indecent material;
(c)deals in indecent material or carries on or takes part in any business concerned with the making, producing, hiring, distribution to the public, export, import, public exhibition or circulation of any indecent material;
(d)advertises or makes known by any means whatsoever with a view to assist in the distribution or circulation of or traffic in any indecent material;
(e)publicly sells or exposes for sale any indecent material;
(f)exposes to view in a public place any indecent material;
(ff)willfully or negligently exhibits to a child any indecent material;
(g)publicly exhibits, appears, performs or takes part in or assist in any capacity with the public exhibition of any indecent show, entertainment or representation or any show, entertainment or representation tending to corrupt morals,
(h)publishes an indecent material,

is guilty of an offence and liable to imprisonment for five years.

(2)In this section"indecent material" means—
(a)any indecent or obscene writing, photograph, sketch, drawing or picture including whether partly or wholly generated by computer;
(b)any indecent or obscene printed matter, print, painting, poster, drawing, model or cinematographic film or video film, cassette or disc;
(c)any other indecent or obscene object; or
(d)any other object tending to corrupt morals;"publish" includes, where the indecent material is data stored electronically, transmit the date.
(3)Where any element of any of the offences specified in paragraphs (a) to (d) of subsection (1) is committed in Seychelles the offence the element of which has been committed in Seychelles shall be deemed to have been committed in Seychelles.
(4)A court may—
(a)on the conviction of a person of an offence under this section, order the destruction of the indecent material used in connection with the commission of the offence; or
(b)on the application of the Attorney-General and being satisfied that any indecent material is being or will be used in contravention of this section, but whether or not a person has been convicted of an offence, order the destruction of the indecent material.
(5)The owner of any premises on which any indecent material is found or the person in whose possession is found or the person in whose possession any indecent material is found shall be presumed, until the owner or person proves the contrary, to be dealing in or carrying on or taking part in a business connected with indecent material contrary to paragraph (c) of subsection (1).

153. Insulting the modesty of a person

A person who, with intent to insult the modesty of a person, utters any word, makes any sound or gesture or exhibits any object intending that the word or sound shall be heard, or that the gesture or object shall be seen, by the other person, or intrudes upon the privacy of the other person is guilty of an offence and liable to imprisonment for one year.

154. Soliciting

A person who solicits another person in a public place for the purposes of prostitution is guilty of an offence and liable to imprisonment for two years.

155. Brothel

(1)A person who—
(a)keeps or manages, or acts or assists in the keeping or management of a brothel;
(b)being the owner, tenant, lessee or occupier or person in charge of any premises, knowingly permits the premises or any part of the premises to be used as a brothel;
(c)being the owner, lessor or landlord or the agent of the owner, lessor or landlord, of any premises—
(i)lets out the premises or any part of the premises knowing that the premises or any part of the premises is to used as a brothel; or
(ii)is willfully a party to the continued use of the premises or any part of the premises as a brothel,

is guilty of an offence and liable to imprisonment for three years.

(2)In this section "brothel" means any premises or any part of any premises resorted to or used by any person for the purposes of prostitution or lewd sexual practices.

156. Living on earning of prostitution

A person who—

(a)procures, entices or leads away, for the purposes of prostitution, another person;
(b)knowingly lives wholly or in part on the earnings of prostitution of another person;—
(c)knowingly exploits the prostitution of another person.
(d)for the purposes of gain, exercises control, direction of influence over the movements or action of another person in a manner as to show that the person is aiding, abetting, encouraging or compelling the prostitution of that other person,

is guilty of an offence and liable to imprisonment for five years.

157. Repealed

[Repealed by Act 15 of 1996]

157A. Prohibited observation and recording of private act

A person who observes or visually records another person, in circumstances where a person would expect to be afforded privacy –

(a)without the other person’s consent; and
(b)when the other person is—
(i)in a private place; or
(ii)engaging in a private act; and
(c)the observation or visual recording is made for the purpose of observing or visually recording a private act,

commits an offence and is liable on conviction to imprisonment for a term of 20 years.[section 157A inserted by Act 7 of 2012 with effect from 27 August 2012]

157B. Prohibited observation and recording of private parts

A person who observes or visually records another person’s private parts, in circumstances where a person would expect to be afforded privacy in relation to his or her private parts

(a)without the other person’s consent; and
(b)when the observation or visual recording is made for the purpose of observing or visually recording the other person’s private parts,

commits an offence and is liable on conviction to imprisonment for a term of 20 years.[section 157B inserted by Act 7 of 2012 with effect from 27 August 2012]

157C. Possession of prohibited visual recording

A person who possesses a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent, commits an offence and is liable on conviction to imprisonment for a term of 20 years.[section 157C inserted by Act 7 of 2012 with effect from 27 August 2012]

157D. Distribution of prohibited visual recording

A person who distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person’s consent, commits an offence and is liable on conviction to imprisonment for a term of 20 years.[section 157D inserted by Act 7 of 2012 with effect from 27 August 2012]

157E. Interpretation

For the purpose of sections 157A, 157B, 157C and 157D"distribute" includes—(a)communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not;(b)make available for access by someone, whether by a particular person or not;(c)enter into an agreement or arrangement to do something in paragraph (a) or (b); and(d)attempt to distribute."observe" means observation by any means whatsoever;"private act" means—(a)bathing and showering;(b)using a toilet;(c)any other activity where the person is in a state of nudity;(d)intimate sexual activity that is not ordinarily done in public;"private parts" means a person’s genital or anal region when bare or a female’s breast when bare;"private place" means a place where a person might reasonably be expected to be engaging in a private act;"prohibited visual recording of another person" means a visual recording of—(a)the person in a private place or engaging in a private act made in circumstances where a person would expect to be afforded privacy; or(b)a visual recording of the person’s private parts, when bare made in circumstances where a person would expect to be afforded privacy in relation to his or her private parts.[section 157E inserted by Act 7 of 2012 with effect from 27 August 2012]

157F. Immunity

A person is not criminally responsible for an offence against sections 157A, 157B, 157C or 157D if—

(a)the person is, at the time of the offence, a law enforcement officer acting in the course of the person’s duties; and
(b)the person’s conduct is reasonable in the circumstances for the performance of the duties.

[section 157F inserted by Act 7 of 2012 with effect from 27 August 2012.]

158. Repealed

[Repealed by Act 15 of 1996]

Chapter XVI
Offences relating to marriage and domestic obligations

159. Fraudulent pretence of marriage

Any person who willfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, is guilty of a felony, and is liable to imprisonment for ten years.

160. Bigamy

Any person who, having a husband or wife living, goes through a ceremony of marriage which is void by reason of its taking place during the life of such husband or wife, is guilty of a felony and is liable to imprisonment for five years:Provided that this section shall not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time.

161. Fraudulently going through ceremony of marriage

Any person who dishonestly or with fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony, and is liable to imprisonment for five years.

162. Desertion of children

Any person who being the parent, guardian or other person having the lawful care or charge of a child under the age of fourteen years, and being able to maintain such child, willfully and without lawful or reasonable cause deserts the child and leaves it without means or support, is guilty of a misdemeanour.

163. Neglecting children

Any person who, being the parent or guardian or other person having the lawful care or charge of any child of tender years and unable to provide for itself, refuses or neglects (being able to do so) to provide sufficient food, clothes, bedding and other necessaries for such child, so as thereby to injure the health of such child, is guilty of a misdemeanour.

164. Failure to provide for apprentice or servants

Any person who, being legally liable either as master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, willfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to such apprentice or servant so that the life of such apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of a misdemeanour.

165. Child stealing

Any person who, with intent to deprive any parent, guardian, or other person who has the lawful care or charge of a child under the age of fourteen years, of the possession of such child—

(a)forcibly or fraudulently takes or entices away, or detains the child; or
(b)receives or harbours the child, knowing it to have been so taken or enticed away or detained,

is guilty of a felony, and is liable to imprisonment for seven years.It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be his father.

Chapter XVIA
Antisocial behaviour order

165A. Antisocial behaviour

(1)The court may, on an application made under this section make an antisocial behaviour order.
(2)An application for an antisocial behaviour order against a person of or more than 12 years of age may be made by a police officer where—
(a)the person has acted, in an antisocial manner, that is to say, in a manner that causes or is likely to cause violence, harassment, alarm or distress to one or more other persons not of the same household as that person or to the public; and
(b)such an order is necessary to protect any person or a group of persons or any member of the public in the locality in which the violence, harassment, alarm or distress was caused or was likely to be caused from further antisocial acts by that person;
(c)a complaint has been made to the police as to the existence of the circumstances referred to in paragraphs (a) and (b) by a person or a group of persons or a member of the public.
(3)An application may be made by a police officer if the circumstances referred to in subsection (2)(a) and (b) are within the personal knowledge of the police officer.
(4)For the purposes of section (2)(a) any act or omission punishable under Chapter XVII constitutes antisocial behaviour.
(5)An application for an antisocial behaviour order shall set out the scope of the order prayed for by the applicant and shall be supported by an affidavit or affidavits of the complainant or complainants as the case may be.
(6)Subject to subsection (7), where an application under this section is received by the court, the court shall cause a notice of the application to be served on the respondent and shall summon the respondent to appear before the court on such day as may be fixed by the court to show cause why the antisocial behaviour order should not be made.
(7)Where the respondent fails to appear on the day fixed in the summons to appear under subsection (6) and the court is satisfied that the summons has been served on the respondent, the court may proceed to hear the application in the absence of the respondent.
(8)Where the court makes an antisocial behaviour order in the absence of the respondent, the order shall, unless the court orders otherwise, be served on the respondent personally and is not binding until it is so served.
(9)The court shall, in determining whether a person has committed antisocial acts complained of, apply the standard of proof applicable in civil proceedings.
(10)Where on an application under this section the court is satisfied that there is a serious risk of further violence, harassment, alarm or distress being caused to the complainant or to any member of the public before summoning and hearing the respondent, and that I is appropriate to do so, the court may issue an interim antisocial behaviour order and the order shall remain in force until the determination of the application, unless the court determines otherwise.
(11)A party in a proceeding on an application under this section may call witnesses in support of the party’s case.
(12)Where the court is of the opinion that it is necessary for the protection of the privacy of a person concerned in the proceeding on an application under this section, the court may hold the proceeding in camera.
(13)In considering an application under this section, the court shall have regard to—
(a)the need to ensure that any person is protected against violence, harassment, alarm or distress or any kind;
(b)any other legal proceedings between the respondent and the applicant or between the respondent and the complainant or between the respondent and the Republic;
(c)any other matter that the court may consider relevant, including the prayer contained in the application.
(14)An antisocial behaviour order made under this section—
(a)may impose such restraints on the respondent as are necessary or desirable to prevent the respondent from acting in an apprehended manner or engaging in any conduct which may constitute antisocial behaviour;
(b)may apply for the protection of—
(i)the complainant;
(ii)any person or a group of persons in the locality in which the violence, harassment, alarm or distress was caused or was likely to be caused;
(iii)any person specified in the order; or
(15)Without limiting the effect of subsection (13), an antisocial behaviour order may—
(a)prohibit the respondent from being on premises at which the complainant resides, works, is studying or is undergoing vocational training or an apprenticeship;
(b)prohibit the respondent from being on premises specified in the order frequented by the complainant;
(c)prohibit the respondent from being in or at premises or in a locality or area specified in the order;
(d)prohibit the respondent from being in or at premises or in a locality or area during a specified period of time of day or night;
(e)prohibit the respondent from approaching within a distance, specified in the order, of the complainant;
(f)prohibit the respondent from contacting, harassing, threatening or intimidating the complainant or any other person at a place where the complainant or other person resides, works, is studying or is undergoing vocational training or an apprenticeship;
(g)prohibit the respondent from damaging any property of the complainant;
(h)prohibit the respondent from causing or allowing another person to engage in conduct referred to in paragraphs (a) to (g);
(i)direct the respondent to attend such counseling or rehabilitation programme as may be specified in the order;
(j)contain any other conditions which the court considers necessary in the circumstances.
(16)An antisocial behaviour order may be made against a respondent in relation to premises or property despite the fact that the respondent has a legal or equitable interest in the premises or property.
(17)An antisocial behaviour order—
(a)shall be valid for the period specified in the order,
(b)shall not, in any event, be for a period of more than 24 months.
(18)A person who intentionally and without reasonable excuse contravenes an antisocial behaviour order shall be guilty of an offence and liable on conviction to a fine not exceeding R30,000 or to imprisonment not exceeding 2 years or to both such fine and imprisonment.
(19)Where a court convicts a person of an offence under subsection (18), it shall not be open to the court to make an order of conditional discharge in respect of the offence:Provided that the court may deal with the convict under the Probation of Offenders Act.
(20)Where there is an antisocial behaviour order in force, the applicant, the respondent or any other person for whose protection the order was made may apply to the court for a variation or revocation of the order.
(21)The person applying for the variation or revocation of an order shall cause a copy of the application to be served on every other party and the court shall, before varying or revoking the order, allow the parties affected by the order a reasonable opportunity to be heard.
(22)Notwithstanding any other written law, where the court is satisfied that it is not reasonably possible to serve a summons or any other document on any person, the court may make an order for substituted service.

Chapter XVII
Nuisances and offences against health and convenience

166. Common nuisance

Any person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury, or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights, commits the misdemeanour termed a common nuisance and is liable to imprisonment for one year.It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.

167. Gaming houses

(1)Any person being the owner or occupier, or having the use of, any house, room, building or place whether open or enclosed, or ship, boat or other vessel, whether afloat or not, or any vehicle, who shall open, keep or use the same for the purpose of unlawful gaming being carried on therein, and any person who, being the owner or occupier of any house, room, building, place, vessel or vehicle as aforesaid, shall knowingly and willfully permit the same to be opened, kept or used by any other person for the purpose aforesaid, and any person having the care of management of or in any manner assisting in conducting the business of any house, room, building, place, vessel or vehicle as aforesaid, is said to keep a common gaming house.
(2)In this section "unlawful gaming" means any game the chances of which are not alike favourable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet.
(3)Any person who keeps a common gaming house is guilty of a misdemeanour.
(4)Any person other than the persons mentioned in subsection (1) who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming, and is guilty of a misdemeanour, and is liable to a fine of Rs.50 for the first offence, and for each subsequent offence to a fine of Rs.250 or imprisonment for two months, or to both such fine and imprisonment.

168. Search warrants

(1)The judge or any magistrate or other officer for the time being empowered to issue warrants, on being satisfied upon written information on oath and after any further inquiry which he may think necessary, that any place is kept or used for gaming and that the public has access to it, may, by warrant, authorise any person therein named or any police officer, with such assistance and by such force as may be necessary, by night or by day, to enter or go to such place and to search the same and to seize all instruments or appliances for gaming, and all money, securities for money, and other articles reasonably supposed to have been used or intended to be used for any game or lottery which may be found in such place; and also to detain all persons found therein until the said place shall have been searched. If any of the things or circumstances which are made by section 169 presumptive evidence of guilt are found in such place, every person found therein shall be taken before the competent court to be dealt with according to law.
(2)Nothwithstanding the provisions of subsection (1) any police officer, not below the rank of corporal, who reasonably suspects that any place is kept or used for gaming and that the public has access to it, shall without the necessity of procuring a warrant as required in subsection (1) have in respect of such place all the powers conferred upon a police officer by the said subsection in the same manner as if a warrant had been issued for that purpose.
(3)All instruments or appliances for gaming, money, securities for money, and other articles found in a gaming house, which the court finds were used or intended to be used for any game or lottery, shall be declared by the said court to be forfeited to the Republic, and dealt with accordingly.

169. Presumptions

(1)If any instruments or appliances of gaming are found in any place entered under section 168, or if persons are seen or heard to escape therefrom on the approach or entry of a police officer, or if any person having authority under section 168 to enter or go to such place is unlawfully prevented from, or obstructed or delayed in entering or approaching the same or any part thereof, it shall be presumed, until the contrary be proved, that the place is a common gaming house, and that the same is so kept or used by the occupier thereof.
(2)If, in the case of a place entered under section 168, any passage, staircase, or means of access to any part thereof is unusually narrow or steep or otherwise difficult to pass, or nay part of the premises is provided with unusual or unusually numerous means for preventing or obstructing an entry or with unusual contrivances for enabling persons therein to see or ascertain the approach or entry of persons or for giving the alarm or for facilitating escape from the premises, it shall be presumed, until the contrary be proved, that the place is a common gaming house, and that the same is so kept or used by the occupier thereof.

170. Lotteries

(1)Any person who opens, keeps, or uses any place for carrying on a lottery not authorised by the Commissioner of Police is guilty of a misdemeanour, and any person who in any way infringes or fails to comply with any of the conditions (if any) laid down when such authorization as above mentioned is given is guilty of a misdeameanour and is liable to imprisonment for a period not exceeding six months.
(2)Any person who prints or publishes, or causes to be printed or published any advertisement or other notice of or relating to any lottery not so authorised or of or relating to the sale of any ticket or chance in any lottery not so authorised is liable to a fine of Rs.500.
(3)In this section "lottery" includes any scheme or deice for the sale, gift, disposal, or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the drawing of tickets, cards, lots, numbers, or figures, or by means of wheel or trained animal, or otherwise howsoever.
(4)When any person is convicted of an offence under this section, the court may, in addition to or in lieu of, any penalty which may be imposed, order the forfeiture to the Republic of any instrument or thing used in connection with the lottery concerning which the conviction has taken place.

171. Keeper of premises defined

Any person who appears, acts, or behaves as master or mistress, or as the person having the care or management of any such house, room, set of rooms, or place as is mentioned in sections 167 and 170 is to be taken to be keeper thereof, whether he is or is not the real keeper.

172. Traffic in obscene publications

(1)Any person who—
(a)for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces, or has in his possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films or any other obscene objects or any other object tending to corrupt morals, or
(b)for any of the purposes above-mentioned imports, conveys, or exports, or causes to be imported, conveyed or exported any such matters or things or in any manner whatsoever puts any of them in circulation; or
(c)carries on or takes part in any business whether public or private, concerned with any such matters or things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or exhibits any of them publicly, or makes a business of lending any of them; or
(d)advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic in, any such matters or things, that a person is engaged in any of the acts referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly; or
(e)publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals,

is guilty of a misdemeanour, and is liable to imprisonment for two years or to a fine of Rs.1,000.

(2)If, in respect of any of the offences specified in paragraphs (a), (b), (c) or PARA (d) of subsection (1), any constitutive element thereof is committed in Seychelles such commission shall be sufficient to render the person accused of such offence triable therefore in Seychelles.
(3)A court, on convicting any person of an offence against this section, may order to be destroyed any matter or thing made, possesed or used for the purpose of such offence.
(4)A court may, on the application of the Attorney General or the Commissioner of Police, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under the provisions of this section in respect of such obscene matter or thing.
(5)The judge or any magistrate or other officer for the time being empowered to issue warrants on being satisfied upon written information on oath and after any further inquiry which he may think necessary, that any premises are used for any of the purposes specified in this section or in violation of these provisions or for the deposit of any such obscene matters or things may by warrant authorise any persons therein named or any police officer with such assistance and by such force as may be necessary by night or by day to enter the same and to seize all instruments or appliances and other articles reasonably supposed to have been used or intended to be used for any of the purposes specified in this section.If any of the obscene matters are found in such place or in the possession of any person it shall be presumed, until the contrary be proved, that the owner or occupier of the premises and the person with whom such obscene matters or things are found, shall have carried on or taken part in business in violation of paragraph (c) of subsection (1) above.

173. Idle and disorderly persons

The following persons—

(a)every common prostitute behaving in a disorderly or indecent manner in any public place;
(b)every person wandering or placing himself in any public place to beg or gather alms, or causing or procuring or encouraging any child or children so to do;
(c)every person playing at any game of chance for money or money’s worth in any public place, or on private property without the consent of the occupier;
(d)every person who in any public place conducts himself in a manner likely to cause a breach of the peace;
(e)every person who in any public place uses any indecent or obscene language;
(f)every person found in a public place wandering or placing himself so as to cause an obstruction,

shall be deemed idle and disorderly persons, and shall be liable to imprisonment for one year or to a fine not exceeding Rs.1,000 or to both.

173A. Prohibition of consumption of alcoholic liquor

Any person who consumes any alcoholic liquor—

(i)on any road, or in any public place; or
(ii)in any vehicle on a road,

shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding Rs.1,000 or to both such fine and imprisonment.[Please note: no subsection number as in original]

(2)In any proceedings under this section, evidence that consumption of alcoholic liquor without proof of actual consumption.
(3)In this section—"alcoholic liquor" includes baka, lapuree, toddy, spirits, wine, ale, beer, porter, cider, perry or hop beer or any liquor containing more than two per centum by weight of absolute alcohol or any liquor containing more than one per centum of alcohol, but does not include industrial alcohol;"breach" means that part of the land which is alternately covered and uncovered by the sea at the highest and lowest tide;"public place" shall have the same meaning ascribed to it in section 2 but for the purposes of this section does not include a beach or premises in respect of which there is a valid public bar licence or a baka or toddy licence under the Licences (liquor) regulations, authorizing the consumption of alcoholic liquor on such premises;"road" includes any highway, street, road, bridge, square, court, alley, lane, passage or pavement to which the public are entitled or permitted to have access whether on payment or otherwise.

174. Rogues and vagabonds

The following persons—

(a)every person convicted of an offence under section 173 after having been previously convicted as an idle and disorderly person;
(b)every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence;
(c)every suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself;
(d)every person found in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose,

shall be deemed to be a rogue and vagabond, and shall be guilty of a misdemeanour, and shall be liable for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year

175. Wearing of uniform without authority

(1)Any person who, not being a person serving in the Defence Force or in the Seychelles Police Force, without the permission of the President, wears the uniform of any of those forces or any dress having the appearance or bearing of any of the regimental or other distinctive marks of such uniform, is guilty of a misdemeanour and liable to imprisonment for 6 months and to a fine of R10,000:Provided that nothing in this section shall prevent any person from wearing any uniform or dress in the course of a stage play performed in any place where stage plays may lawfully be performed, or in the course of a music hall or circus performance or in the course of any "bona fide" military representation.
(2)Any person who unlawfully wears the uniform of any of the forces aforesaid, or any dress having the appearance, or bearing any, of the regimental or other distinctive marks of any such uniform, in such a manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a misdemeanour, and is liable to imprisonment for 6 months and a fine of Rs.1,000.
(3)Any person who, not being in the service of the Republic or not having previously received the written permission of the President so to do, imports or sells or has in his possession for sale any such uniform as aforesaid, or the buttons or badges appropriate thereto, is guilty of a misdemeanour, and is liable to imprisonment for 12 months and a fine of Rs.2,000.
(4)When any person shall have been convicted of any offence under this section, the uniform, dress, button, badge or other thing in respect of which the offence has been committed shall be forfeited unless the President shall otherwise order.

176. Negligent spreading of disease

Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour.

177. Adulteration of food

Any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanour.

178. Sale of adulterated food

Any person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing, or having reason to believe that the same is noxious as food or drink, is guilty of a misdemeanour.

179. Adulteration of drugs

Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, of knowing it to be likely that it will be sold or used for, any medicinal purpose as if it had not undergone such adulteration, is guilty of a misdemeanour.

180. Sale of adulterated drugs

Any person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medical purposes by any person not knowing of the adulteration, is guilty of a misdemeanour.

181. Fouling water

Any person who voluntarily corrupts or fouls the water of any river, stream, spring or reservoir, whether public or private, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour.

182. Fouling air

Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, is guilty of a misdemeanour.

182A. Carrying out advice, etc., in matters of witchcraft

Any person who on the advice of any person pretending to the knowledge of witchcraft or of any non-natural or superstitious processes or in the exercise of any witchcraft or of any non-natural superstitious means shall use or cause to be put into operation such means or processes as he may have been advised or may believe to be calculated to influence or affect the mind, feelings or judgment of any person or to injure any person or any property, is guilty of a misdemeanour.

183. Lighting fires, etc.

The following persons commit and are liable to be punished as for a common nuisance—

(a)any person who lights a fire in any forest, plantation or field for the purpose of burning any dried, dead or decayed matter or for the purpose of clearing any ground or of burning any charcoal kiln without having previously obtained written permission from the Department of Agriculture:Provided that the permission so granted shall not be a defence to any other criminal or civil to which such person may be subject under any law in the event of the fire causing damage to property;
(b)any person who carries fire or a lighted naked torch or candle or any other lighted thing in any street, road, way, land, track, foot-path,square or open space to which the public have access or in any forest, plantation or field, except in a lantern or with such other precautionary means to guard against fire or with the permission of the Commissioner of Police and subject to such conditions as he may law down;
(c)any person who willfully obstructs any auction sale by force, or who by threatening to use force prevents any person from coming forward to bid or from coming forward to bid or from bidding;
(d)any person who—
(i)in any place where the public have or are allowed to have access, uses any indecent or obscene language at or against any other person with intent to annoy and to the annoyance of that person; or
(ii)disturbs the public peace;
(e)any person who—
(i)sends any message by telephone which is grossly offensive or of an indecent, obscene or menacing character;
(ii)sends any message by telephone, or any telegram, which he knows to be false, for the purpose of causing annoyance, inconvenience or needless anxiety to any other person;
(iii)persistently makes telephone calls without reasonable cause and for any such purpose as aforesaid;
(f)any person who contravenes or fails to comply with regulations made by the President who is hereby empowered to make such regulations, controlling, regulating or prohibiting—
(i)the operation or use of loudspeakers, megaphones and any other device for amplifying sound; and
(ii)the making of noise or the playing of music;
(g)any person who allows a dog in his custody or under his control to bark or whine persistently after having been warned that such barking or whining causes or would cause annoyance to any other person;
(h)any person who allows any animal belonging to himself to stray;
(i)any person who, within such areas as may be prescribed by the President by notice published in the Gazette, is found in possession of a catapult;
(j)any person who, without lawful authority or reasonable excuse, the proof whereof shall lie upon him—
(i)writes upon, marks, soils or defaces any building, road, pavement, wall, fence or paling, whether public or private property, with chalk or paint or in any other way whatsoever; or
(ii)affixes any poster or other paper against or upon any building, road, pavement, wall, fence or paling, whether public or private property;
(k)
(i)any person who deposits or throws away or allows to be deposited or thrown away any litter or refuse—
(a)on private property without the consent of the owner or occupier thereof;
(b)on the foreshore or in any public place, except in receptacles specially provided for the purpose;
(ii)in this paragraph—"public place" means any place to which the public have or are allowed to have access;"foreshore" means that portion of the shore adjacent to the sea which is alternatively covered or uncovered by the sea at the highest and lowest tides and includes that part of the seabed adjacent to the coast which is within 100 yards from the low-water mark or from any prier or jetty;"refuse" includes glass, bottles, tins and any object whatsoever which may be injurious to persons.

Chapter XVIII
Defamation

184. Definition of libel

Any person who by print, writing, painting, effigy, or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of a misdemeanour termed "libel".

185. Definition of defamatory matter

Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation. It is immaterial whether at the time of the publication of the defamatory matter the person concerning whom such matter is published is living or dead:Provided that no prosecution for the publication of defamatory matter concerning a dead person shall be instituted without the consent of the Attorney General.

186. Publication

(1)A person publishes a libel if he causes the print, writing, painting, effigy or other means by which the defamatory matter is conveyed, to be so dealt with, either by exhibition, reading, recitation, description, delivery, or otherwise, as that the defamatory meaning thereof becomes known or is likely to become known to either the person defamed or any other person.
(2)It is not necessary for libel that the defamatory meaning should be directly or completely expressed; and it suffices if such meaning and its application to the person alleged to be defamed can be collected either from the alleged libel itself or from any extrinsic circumstances, or partly by the one and partly by the other means.

187. Unlawful publication

Any publication of defamatory matter concerning a person is within the meaning of this chapter, unless (a) the matter is true and it was for the public benefit that it should be published or (b) it is privileged on one of the grounds hereafter mentioned in this chapter.

188. Absolute privilege

(1)The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Code in respect thereof, in any of the following cases, namely:—
(a)if the matter is published by the President, or by the Council of Ministries or the People Assembly, in any official document or proceeding; or
(b)if the matter is published in the Council of Ministers or the People’s Assembly by the President or by any member of such Council; or
(c)if the matter is published by order of the Council of Ministers; or
(d)if the matter is published concerning a person subject to Defence Force discipline for the time being and relates to his conduct as a person subject to such discipline, and is published by some person subject to such discipline, and is published by some person having authority over him in respect of such conduct, and to some person having authority over him in respect of such conduct; or
(e)if the matter is published in the course of any judicial proceedings by a person taking part therein as a judge or magistrate or commissioner or pleader or assessor or witness or party thereto; or
(f)if the matter published is in fact a fair report of anything said, done, or published in the Council of Ministers or the People’s Assembly; or
(g)if the person publishing the matter is legally bound to publish it.
(2)Where a publication is absolutely privileged, it is immaterial for the purposes of this chapter whether the matter be true or false, and whether it be or be not known or believed to be false, and whether it be or be not published in good faith:Provided that nothing in this section shall exempt a person from any liability to punishment under any other chapter of this Code or under any other Act or statute in force within Seychelles.

189. Conditional privilege

A publication of defamatory matter is privileged, on condition that it was published in good faith, if the relation between the parties by and to whom the publication is made is such that the person publishing the matter is under some legal, moral or social duty to publish it to the person to whom the publication is made or has a legitimate personal interest in so publishing it, provided that the publication does not exceed either in extent or matter what is reasonably sufficient for the occasion, and in any of the following cases, namely:—

(a)if the matter published is in fact a fair report of anything said, done, or shown in a civil or criminal inquiry or proceeding before any court:Provided that if the court prohibits the publication of anything said or shown before it, on the ground that it is seditious, immoral, or blasphemous, the publication thereof shall not be privileged; or
(b)if the matter published is a copy or reproduction, or in fact a fair abstract, o