3 Tenders may be rejected if the information asked for in the ITT and Specification is not given at the time of tendering. (2) Crimes and misdemeanours are indictable offences, for which offenders unless otherwise expressly stated, shall be prosecuted or (13) In an indictment for an offence relating to a document that is evidence of title to land or an estate in land, the document may (4) In a case to which Subsection (1)(c), (d) or (e) applies, it is immaterial that the offender–. the evidence, unless the court before which the trial is heard directs the accused person to be indicted for that offence, in which (2) A person who wilfully and knowingly, and by force, opposes, obstructs or hurts any person who goes to give, or begins to give, an obscene writing, drawing, print, painting, picture, poster, emblem, photograph or cinematograph film, or any other obscene object; in respect of his service of the portion of the sentence. manner as a judgement of the court given in civil proceedings. [28][29], As of 2006, the World Health Organization distinguishes four types of child maltreatment: physical abuse; sexual abuse; emotional (or psychological) abuse; and neglect.[30]. Section 2. (2) A person who, without reasonable excuse, fails to comply with the provisions of Subsection (1) is guilty of an offence. life. A person charged with the receipt or disbursement of public moneys, and an officer of a bank shall stamp or write in plain letters with his consent if the consent is obtained by fraud; or. Penalty: A fine not exceeding K1,000.00 or imprisonment for a term not exceeding three years. (2) Circumstances in which a person does not consent to an act include, but not limited to, the following: –, (a) the person submits to the act because of the use of violence or force on that person or someone else; or, (b) the person submits because of the threats or intimidation against that person or someone else; or, (c) the person submits because of fear of harm to that person or to someone else; or, (d) the person submits because he is unlawfully detained; or, (e) the person is asleep, unconscious or so affected by alcohol or another drug so as to be incapable of freely consenting; or, (f) the person is incapable of understanding the essential nature of the act or of communicating his unwillingness to participate in and. (3) If an offence against Subsection (1) is committed by negligence, the offender is liable to a fine not exceeding K400.00 or imprisonment section. (ii) the number or description of his journeymen, workmen or servants, (5) It is lawful for any person or persons acting in contemplation of, or during the continuance of, an industrial dispute to attend (c) is convicted summarily of an offence punishable by imprisonment for not less than three months. [256] India has more child brides than any other nation, with 40% of the world total. (2) Subject to Subsections (3) and (4), if any circumstance of aggravation is intended to be relied on it must be charged in the indictment. the National Court. him) against the accused person (naming him)”, and must state that the prosecutor informs the National Court by leave of the and, (A) make a full and true entry of the property in the books and accounts of the corporation; or, (B) cause or direct such an entry to be made; or, (b) being a director, officer or member of a corporation, with intent to defraud–, (i) destroys, alters, mutilates or falsifies–, (A) any book, document, valuable security or account that belongs to the corporation; or. (1) A person who wilfully and without reasonable cause or excuse throws, leaves down or otherwise deposits any explosive substance the request, and all members of the Police Force shall, on demand, remove, or assist in removing, that person. 97C. [27](1) Whenever any persons, to the number of five or more, are riotously assembled together, it is the duty of a commissioned officer (e) an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element. (3) Where a person is convicted of an offence against this section, all property that has been tendered or produced in evidence at (2) A person who opens, keeps or uses a common betting house is guilty of a misdemeanour. (c) is privy to any such concealment or misrepresentation, A director, officer or contributory of a company that is in course of being wound up under the provisions of the laws relating to [4]When the expression “sexual penetration” or “sexually penetrates” are used in the definition of an offence, (d) unless prevented by some cause beyond his control (proof of which is on him)–does not convey the mail at the speed fixed by (ii) to enter into any security for the benefit of the corporation, (1) It is a defence to a charge of an offence against any of the preceding provisions of this Subdivision to prove that the accused (2)[19] [20]58. by the agent, unless it is proved that the valuable consideration was so received or solicited without the consent, knowledge or (6) In a prosecution for an offence against this section, the spouse of the accused person is a competent and compellable witness for himself or any other person on any understanding that his vote, opinion, judgement, or action in the Parliament, or any Committee (1) In this section, “dangerous goods” means–, (a) firearms, ammunition, weapons and explosive substances; and. (8) The fact that that other offence or the other offences was or were so taken into account may be proved in the same manner as the (1) When a wild animal in the enjoyment of its natural liberty has been killed by any person, the taking of the dead body of the animal – Treason and Other Offences against the Queen’s Person and Authority. A person who appears, acts or behaves as master, or as the person having the care or management, of any house, room, set of rooms (1) In this section, “mortgaged goods” includes–. by the delusions to believe to exist. in the first instance. (d) of attempting to commit, or to procure the commission of, any such offence. A person who, without lawful authority (proof of which is on him) deals with, moves, alters or interferes with anything that under [189], Abuse-focused cognitive behavioral therapy was designed for children who have experienced physical abuse. (ii) committed a crime in the dwelling-house of another. (ii) are sufficiently marked out, or are known by general repute to be his property. unless the dressing of the animal was authorized under the Slaughtering Act 1964, (a) puts a deleterious or poisonous substance into any spirituous or fermented liquor, or mixes any such substance with any such liquor; the sentence of imprisonment, including a direction that the person sentenced appear at some future sittings of the court or when verdict. [34] Factors involved in the escalation of ordinary physical punishment by parents into confirmed child abuse may be the punishing parent's inability to control their anger or judge their own strength, and the parent being unaware of the child's physical vulnerabilities. in passing sentence for the offence, any other offence or offences, then whenever in or in relation to any criminal proceedings–, (a) reference may lawfully be made to the fact that the person was convicted of the indictable offence, reference may also be made to This Act (hereinafter referred to as” the Code “) may be cited as the Code ofCriminal Procedure Act,PART ICHAPTER IP R E L I M I N A RYinterpretation. by himself or by that other person, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself (8) If the property destroyed or damaged was an aircraft or any thing directly or indirectly connected with the guidance, control the property of the other in a manner that would be stealing if they were not married shall be deemed to have stolen the thing, and and within four months afterwards becomes an insolvent, (i) conceals, destroys, alters, mutilates or falsifies any book, document, valuable security, or account relating to his property by law to permit it to be made before him, makes a statement or declaration before that person that is to his knowledge false in he may be convicted of any other of those offences committed with respect to the same property, if that other offence is established is of opinion that there ought to be a prosecution for an indictable offence, it may–, (a) abstain from dealing with the case summarily; and. (c) in any other case–imprisonment for a term not exceeding seven years. (b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen – Offences Against Public Health. Subdivision H. – Frauds by Trustees and Officers of Corporations: False Accounting. debt or obligation. (a) obtains entrance into a building by means of–, (i) any threat or artifice used for that purpose; or, (ii) collusion with any person in the building; or. [139] Thus, a comprehensive study for the National Academy of Sciences concluded that affordable contraceptive services should form the basis for child abuse prevention. [233] FGM is classified into four types, of which type 3 – infibulation – is the most extreme form. [157] In Malawi it is common practice to accuse children of witchcraft and many children have been abandoned, abused and even killed as a result. Division 4. (c) to instigate a foreigner to make an armed invasion of any of Her Majesty’s dominions. (1) If the person assaulted is a male child whose age does not, in the opinion of the court exceed 14 years, or is a female, and the or his lawyer at a reasonable time before the commencement of his trial. [52] Sexual victimization at a young age has been correlated with several risk factors for contracting HIV including decreased knowledge of sexual topics, increased prevalence of HIV, engagement in risky sexual practices, condom avoidance, lower knowledge of safe sex practices, frequent changing of sexual partners, and more years of sexual activity. any act in relation to the affairs or business of the principal of the agent; or. (3) This section does not authorize a court to deal summarily with a charge of assault on which a question arises as to–, (a) the title to land, an estate in land or an interest in or accruing from land; or. a material particular is guilty of a misdemeanour. (a) the employment of a reasonable number of persons as stewards to assist in the preservation of order at a lawful public meeting held Where a thing has been obtained by means of–, (b) an act done at a place outside Papua New Guinea that–. Penalty: A fine not exceeding K50.00, or imprisonment for a term not exceeding two months. (2) A person under the age of 14 years is not criminally responsible for an act or omission, unless it is proved that at the time A person who, having reasonable notice that he is required to assist a commissioned officer of the Police Force in arresting a person, ActsNos. (1) A person employed in the Public Service who, in abuse of the authority of his office does, or directs to be done, any arbitrary (1) A person convicted of an indictable offence, whether on his plea of guilty or otherwise, may at any time before sentence move commission of which her husband has taken part, in order to enable that other person to escape punishment. (b) wilfully interrupts, obstructs, or disturbs, any proceedings at an election. When a child dies in consequence of an act done or omitted to be done by any person before or during its birth, the person who did [158] In the Nigerian, Akwa Ibom State and Cross River State about 15,000 children were branded as witches. (1) A person who, within the territorial jurisdiction of Papua New Guinea, commits piracy is guilty of a crime. (ii) is otherwise authorized to dispose of it. 14 years. [241] In Australia, all states and territories have outlawed FGM. Penalty: [30]Imprisonment for a term not exceeding five years. (a) knowingly and without the authority of the pretended sender, sends or delivers, or causes to be sent or delivered, to any person (a) without lawful excuse (proof of which is on him)–, (i) makes any envelope, wrapper, card, form or paper–, (A) in imitation of one issued by or under the authority of the Board of Post PNG Limited or of the postal authority of any other (9) Any number of persons charged with committing different or separate offences arising substantially out of the same facts or out 229D. CODE OF CRIMINAL PROCEDURE. respect to a ship, or any goods or merchandise belonging to a ship or laden on a ship, that, if the act were committed on land, would in any place with the intent that it may kill or inflict grievous bodily harm on a trespasser or other person coming in contact with (2) The question, whether or not any particular command referred to in Subsection (1) is manifestly unlawful is a question of law. (c) is declared by any law to be a pirate. (2) A person who has been tried, and convicted or acquitted, on a charge of an offence against Subsection (1) shall not be afterwards and. Customary beliefs in witchcraft are common in many parts of the world, even among the educated. Child abuse is also a common exception to physician–patient privilege: a medical professional may be called upon to testify in court as to otherwise privileged evidence about suspected child abuse despite the wishes of children or their families. (4) If the child is under the age of 12 years, an offender under Subsection (1) is guilty of a crime, and is liable to imprisonment (9) Notwithstanding that restriction of movement is not specified as a punishment for an offence, a court may, in addition to any be kept in custody until the prescribed authority has determined the matter. (1) When a person is convicted on indictment of an indictable offence relating to the person of any person, the court, on the application in any place that is then in, or afterwards comes into, his possession or occupation, shall be deemed to have set and placed the (b) employed for the prevention of smuggling. victim arising from the commission of the offence. (2) is guilty of an offence. of, a person without the authority of the Central Bank is forfeited to the State. Criminal Code, RSC 1985, c C-46,
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