PUNISHMENT OF INCEST ORDINANCE, 1916

PUNISHMENT OF INCEST ORDINANCE, 1916

No. 3 of 1916.
An Ordinance to proride for the punishment of incest.

[28th April, 1916.]

1. This Ordinance may be cited as the Punishment of
Incest Ordinance, 1916.

2.-(1) Every male person, who has carnal knowledge of
a female person, who is to his Knowledge his granddaughter,
daiighter, sister, or mother, shall be guilty of a misdemeanor,
and upon conviction thereof shall be liable to imprisonment
for any term not exceeding seven years: Provided that if, on
an indictment for any such offence,, it is alleged in the
indictment and proved that the female person is under the
age of twelve years, the same punishment may be imposed as
may be imposed under section 6 of the Protection of Women
and Girls Orainance, 1897.

* As amended by Law Rev. Ord., 1924. See also No. 35 of 1923.
See also No. 14 of 1906, s. 5 (1) and Schedule.
+ As amended by Law Rev. Ord., 1924.





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

(3) Every male person who attempts to commit any such
offence as aforesaid, shall be guilty of a misdemeanor, and
upon conviction thereof shall be liable to imprisonment for
any term not exceeding two years.

(4) On the conviction before any court of any male person
of an offence under this section, or of an attempt to commit
the same, against any female under twenty-one years of age,
16 shall be in the power of the court to divest the offender of
all authority over such female, and, if the offender is the
guardian of such female, to remove the offender from such
guardianship, and in any such case to appoint any person or
persons to be the guardian or guardians of such female
during her minority or any less period:

Provided that the Supreme Court may at any time vary or
rescind the order by the appointment of any other person as
such guardian, or in any other respect.

3. Every female, person of or above the age of sixteen
years who with consent permits her grandfather, father,
brother, or son to have carnal knowledge of her (knowing him
to be her grandfather, father, brother, or son, as the case may
be) shall be guilty of misdemeanor, and upon conviction
thereof shall be liable to imprisonment for any term not
exceeding seven years.

4. In this Ordinance, brother and sister respectively,
include half-brother and half-sister, and the provisions of
this Ordinance shall apply whether the relationship between
the person charged with an offence under this Ordinance
and the person with whom the offence is alleged to have been
committed, is or is not traced through lawful wedlock.

5.-(1) If, on the trial of any indictment for rape, the jury
are satisfied that the defendant is guilty of an offence under
this Ordinance, but are not satisfied that the defendant is
guilty of rape, the jury may acquit the defendant of rape
and find him guilty of an offence under this Ordinance, and
he shall be liable to be punished accordingly.

As amended by Law Rev. Ord., 1924.
(2) If, on the trial of any indictment for an offence under
this Ordinance, the jury are satisfied that the defendant is
guilty of any offence under sections 5, 6 or 10 of the Protection
of Women and Girls Ordinance, 1897, but are not satisfied
that the defendant is guilty of an offence under this Ordinance,
the jury may acquit the defendant of an offence under this
Ordinance and find him guilty of an offence under sections
5, 6 or 10, as the case may be, of the Protection of Women
and Girls Ordinance, 1897, and he shall be liable to be
punished accordingly.

[ (3), rep. Law Revision Ordinance, 1924.]

6. All proceedings under this Ordinance are to be held in
camera.

No prosecution for any offence under this Ordinance
shall be commenced without the sanction of the Attorney
General.
[Originally No. 3 of 1916. Law Rev. Ord., 1924.] Short title. Incest by males. 8 Edw. 7, c. 45, s. 1. Ordinance No. 4 of 1897. Incest by females of or over sixteen. 8 Edw. 7, c. 45, s. 2. Test of relationship. 8 Edw. 7, c. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. Proceedings to be held in camera. 8 Edw. 7.c. 45, s. 5. Sanction of Attorney General. 8 Edw. 7, c. 45, s.6.

[Originally No. 3 of 1916. Law Rev. Ord., 1924.] Short title. Incest by males. 8 Edw. 7, c. 45, s. 1. Ordinance No. 4 of 1897. Incest by females of or over sixteen. 8 Edw. 7, c. 45, s. 2. Test of relationship. 8 Edw. 7, c. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. Proceedings to be held in camera. 8 Edw. 7.c. 45, s. 5. Sanction of Attorney General. 8 Edw. 7, c. 45, s.6.

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1923

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No. 3 of 1916

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