Sub-Title C - Criminal Law

• Author: Ralph Hone
• Pages: #2

48 Penal Code

[CH.48. 839CHAPTER 48.

PENAL CODE.

ARRANGEMENT OF SECTIONS.

SECTION.

1. SHORT TITLE.

2. ARRANGEMENT OF THE CODE.

3. GENERAL RULES OF CONSTRUCTION.

BOOK I.

SGENERAL PROVISIONS.

TITLE I.

PRELIMINARY MATTERS.

4. INTERPRETATION.

5. PROVISIONS RELATING TO A COMPANY AND ITS OFFICERS.

6. DEFINITION OF PUBLIC OFFICER, ETC.

7. GENERAL EXPLANATIONS WITH RESPECT TO THE INTERPRETATION OF EXPRESSIONS.

8. APPLICATION OF CODE TO OFFENCES COMMITTED IN THE COLONY.

9. JURISDICTION IN CASES OF OFFENCES ON BOARD SHIP.

10. ACTS DONE PARTLY BEYOND THE JURISDICTION.

11. SAVING OF CERTAIN LAWS.

TITLE II.

GENERAL AND SPECIAL RULES OF CRIMINAL LAW.

12. PROVISIONS RELATING TO INTENT AND AS TO WHAT CONSTITUTES AN OVERT ACT.

13. PROVISIONS RELATING TO NEGLIGENCE.

14. PROVISIONS RELATING TO CAUSING AN EVENT.

15. PROVISIONS RELATING TO CONSENT.

16. PROVISIONS RELATING TO CLAIM OF RIGHT.

17. PROVISIONS RELATING TO FRAUD.

18. PROVISIONS RELATING TO THE MEANING AND USE OF THREATS.

TITLE III.

SPECIAL EXPLANATIONS AND PROVISIONS RELATING TO CERTAIN OFFENCES.

Assault.

19. DIFFERENT KINDS OF ASSAULT.

20. DEFINITION OF AND PROVISIONS RELATING TO ASSAULT AND BATTERY.

21. DEFINITION OF AND PROVISIONS RELATING TO ASSAULT WITHOUT ACTUAL BATTERY.

22. DEFINITION OF PROVISIONS RELATING TO IMPRISONMENT. DETENTION AND COMPULSION.

Unlawful Harm to the Person.

SECTION.

23. DEFINITION OF DIFFERENT KINDS OF HARM.

24. DEFINITION OF UNLAWFUL HARM.

25. EXPLANATION AS TO CAUSING HARM BY OMISSION.

26. CASES IN WHICH A PERSON IS UNDER DUTY TO PREVENT HARM TO ANOTHER PERSON.

27. CASES IN WHICH A PERSON IS UNDER DUTY TO SUPPLY ANOTHER PERSON WITH NECESSARIES OF HEALTH AND LIFE.

28. EXPLANATIONS AS TO OFFICE, ETC.

29. EXCEPTIONS FROM GENERAL PROVISIONS AS TO CAUSING AN EVENT.

30. SPECIAL PROVISION AS TO MEDICAL OR SURGICAL TREATMENT.

31. CAUSING HARM BY HINDERING ESCAPE FROM WRECK, ETC.

32. EXPLANATION OF PROVISIONS REFERRING TO POISON OR TO NOXIOUS MATTER.

Immoral Traffic and Offences Against Females and Children.

33. DEFINITION OF 'OFFENCES AGAINST FEMALES OR CHILDREN'.

34. POWER TO TAKE OFFENDERS INTO CUSTODY.

35. EXTENSION OF POWER TO TAKE DEPOSITION OF A CHILD.

36. ADMISSION OF DEPOSITION OF CHILD IN EVIDENCE.

37. EVIDENCE OF CHILD OF TENDER YEARS.

38. POWER TO PROCEED WITH CASE IN ABSENCE OF CHILD.

39. PRESUMPTION OF AGE OF CHILD.

40. MODE OF CHARGING OFFENCES, AND LIMITATION OF TIME.

41. POWER OF SEARCH FOR FEMALE DETAINED FOR IMMORAL PURPOSES.

42. POWER OF SEARCH IN A HOUSE USED FOR IMMORAL TRAFFIC.

43. PRESUMPTION AS TO PERSON LIVING WITH A PROSTITUTE.

44. SPECIAL PROVISION AS TO EVIDENCE OF HUSBAND OR WIFE IN PROSTITUTION CASES.

45. DETERMINATION OF TENANCY OF PREMISES ON CONVICTION FOR PERMITTING USE AS BROTHEL, ETC.

Stealing, etc.

46. DEFINITION OF STEALING.

47. STEALING FROM THE PERSON.

48. DEFINITION OF FRAUDULENT BREACH OF TRUST.

49. EXPLANATION AS TO DISHONEST APPROPRIATION.

50. PROVISIONS RELATING TO PART OWNERS.

51. EXPLANATION AS TO A GRATUITOUS TRUSTEE.

52. ACTS WHICH AMOUNT TO AN APPROPRIATION.

53. DISTINCTION BETWEEN STEALING AND FALSE PRETENCES.

54. SPECIAL PROVISION AS TO MONEY, ETC., IN CASES OF EMBEZZLEMENT.

55. CONSENT BY A WIE IN CASE OF STEALING.

56. EXPLANATION AS TO STEALING OF THING FOUND.

57. THINGS IN RESPECT OF WHICH STEALING, ETC., CAN BE COMMITTED.

False Pretences and Other Frauds.

58. DEFINITION OF DEFRAUDING BY FALSE PRETENCES.

59. DEFINITION OF AND PROVISIONS RELATING TO A FALSE PRETENCE.

60. EXPLANATION AS TO PERSONATION.

61. PROVISIONS RELATING TO FICTITIOUS TRADING.

Receiving and Unlawful Possession.

SECTION.

62. EXPLANATION AS TO DISHONEST RECEIVING.

63. PEACE OFFICER TO DETAIN PERSON CONVEYING THING SUSPECTED OF BEING STOLEN, ETC.

64. INQUIRY BY MAGISTRATE CONCERNING THINGS SUSPECTED OF BEING STOLEN, OR UNLAWFULLY OBTAINED.

65. RESTITUTION OF STOLEN PROPERTY IN CASE OF CONVICTION.

66. ADVERTISING A REWARD FOR THE RETURN OF STOLEN PROPERTY, ETC.

Unlawful Damage to Property.

67. DEFINITION OF DAMAGE.

68. EXPLANATION OF UNLAWFUL DAMAGE.

69. EXPLANATION AS TO AMOUNT OF DAMAGE.

Forgery and False Coin.

70. EXPLANATIONS AND SPECIAL PROVISION AS TO FORGERY.

71. DEFINITION OF COUNTERFEITING.

72. DEFINITION OF FALSIFICATION.

73. EXPLANATION AS TO POSSESSING, OR DOING ANY ACT WITH RESPECT TO DOCUMENT, STAMP OR COIN.

74. IMITATION OF FORGED DOCUMENT, ETC., NEED NOT BE PERFECT.

75. SPECIAL PROVISION AS TO JURISDICTION.

76. IMPOUNDING OF FORGED DOCUMENT, ETC.

77. PREPARATION FOR COMMITTING OFFENCE.

Tumults and Riotous Assemblies.

78. RIOT.

79. UNLAWFUL ASSEMBLY.

80. MAKING PROCLAMATION FOR RIOTERS TO DISPERSE.

81. DISPERSION OF RIOTERS AFTER PROCLAMATION MADE.

Perjury.

82. POWER ON REASONABLE CAUSE TO DIRECT A PROSECUTION FOR PERJURY.

TITLE IV.

ATTEMPTS TO COMMIT OFFENCES.

83. PROVISIONS RELATING TO ATTEMPTS TO COMMIT OFFENCES.

84. CASE OF FULL OFFENCE CHARGED, ATTEMPT PROVED.

85. CASE OF ATTEMPT CHARGED, FULL OFFENCE PROVED.

TITLE V.

ABETMENT AND CONSPIRACY.

86. ABETMENT OF OFFENCE AND TRIAL, AND PUNISHMENT OF ABETTOR.

87. CASES WHERE ONE OFFENCE IS ABETTED AND A DIFFERENT OFFENCE IS COMMITTED.

88. DUTY TO PREVENT FELONY.

89. CONSPIRACY.

90. PUNISHMENT FOR CONSPIRACY.

I

TITLE VI.

CRIMINAL RESPONSIBILITY AND GENERAL EXEMPTIONS.

SECTION.

91. RESPONSIBILITY OF INFANT.

92. CRIMINAL STATUS OF INSANE PERSON.

93. CRIMINAL LIABILITY OF INTOXICATED PERSONS.

94. CRIMINAL LIABILITY OF MARRIED WOMAN.

95. LIABILITY OF HUSBAND OR WIFE TO CRIMINAL PROCEEDINGS.

96. IGNORANCE OR MISTAKE OF FACT OR OF LAW.

TITLE VII.

JUSTIFIABLE FORCE AND HARM.

97. JUSTIFICATION FOR FORCE OR HARM.

98. GROUNDS ON WHICH FORCE OR HARM MAY BE JUSTIFIED, WITHIN PRESCRIBED LIMITS.

99. GENERAL LIMITS OF JUSTIFIABLE FORCE OR HARM.

100. USE OF FORCE BY AUTHORITY OF STATUTE.

101. USE OF FORCE IN EXECUTION OF SENTENCE OR ORDER OF A COURT.

102. USE OF FORCE BY PEACE OFFICER, OR BY JUDICIAL OR OFFICIAL AUTHORITY, FOR PRESERVATION OF ORDER.

103. USE OF FORCE IN ARREST, DETENTION, OR RECAPTURE OF FELON.

104. ARREST WITHOUT WARRANT BY PEACE OFFICER.

105. USE OF FORCE TO ARREST, DETAIN OR SEARCH A PERSON OTHERWISE THAN FOR FELONY.

106. RIGHT OF PERSON ARRESTED, ETC., TO INSPECT WARRANT.

107. USE OF FORCE FOR PREVENTION OF OR DEFENCE AGAINST CRIME.

108. USE OF FORCE FOR DEFENCE OF PROPERTY OR POSSESSION, OR OVERCOMING OBSTRUCTION OF LEGAL RIGHT.

109. USE OF FORCE FOR PRESERVING ORDER ON BOARD OF VESSEL.

110. USE OF FORCE IN CORRECTING A CHILD, SERVANT OR OTHER SIMILAR PERSON FOR MISCONDUCT.

111. USE OF FORCE IN CASE OF CONSENT OF THE PERSON AGAINST WHOM IT IS USED.

112. USE OF FORCE AGAINST THIRD PERSON INTERFERING IN CASE OF JUSTIFIABLE USE OF FORCE.

113. USE OF ADDITIONAL FORCE FOR EXERCISE OF JUSTIFIABLE FORCE.

114. JUSTIFICATION OF PERSON AIDING ANOTHER IN USE OF JUSTIFIABLE FORCE.

TITLE VI I.

LAW AS TO PUNISHMENTS.

115. DIFFERENT KINDS OF PUNISHMENT.

116. GENERAL RULES RELATING TO IMPRISONMENT.

117. PENAL SERVITUDE.

118. GENERAL RULES AS TO CORPORAL PUNISHMENT.

119. GENERAL RULES AS TO FINE AND PENALTIES.

120. GENERAL RULES AS TO COSTS IN INDICTABLE CASES.

121. COSTS IN SUMMARY CASES.

122. GENERAL RULES AS TO ORDINARY PAYMENT OF COMPENSATION.

Alternative Discretionary Powers as to Punishments.

123. IMPOSITION OF ALTERNATIVE PUNISHMENTS.

124. POWER TO RELEASE OFFENDER ON PROBATION.

125. INCREASE OF PUNISHMENT ON REPETITION OF OFFENCE.

Miscellaneous.

SECTION.

126. CASES WHERE ONE ACT CONSTITUTES SEVERAL OFFENCES, OR WHERE SEVERAL ACTS ARE DONE IN EXECUTION OF ONE CRIMINAL PURPOSE.

127. PUNISHMENT OF OFFENDERS UNDER SENTENCE FOR ANOTHER OFFENCE.

128. CONSEQUENCES OF CONVICTION FOR FELONY, ETC.

BOOK II.

SUMMARY OFFENCES.

TITLE IX.

129.

130.

131.

132.

INTRODUCTORY PROVISIONS.

POWER OF MAGISTRATE IN CASES TRIABLE BOTH SUMMARILY AND ON INFORMATION.

OUSTING OF JURISDICTION OF MAGISTRATE IN CASES WHERE Bona Fide QUESTION OF TITLE IS INVOLVED.

LIMITATION OF PERIOD FOR MAKING COMPLAINT UNLESS OTHERWISE PROVIDED.

SAVING OF SUMMARY OFFENCES CONSTITUTED BY OTHER STATUTES.

TITLE X.

COMMON ASSAULTS AND HARM TO THE PERSON.

133. ASSAULT.

134. INDECENT, ETC., ASSAULTS.

135. CAUSING HARM OR A WOUND.

136. CRUELTY TO CHILDREN.

137. OFFENCES REQUIRING STERNER PUNISHMENT.

TITLE XI.

BROTHELS AND IMMORAL TRAFFIC.

138. KEEPING A BROTHEL.

139. PERSONS TRADING IN PROSTITUTION.

TITLE XlI.

PETTY THEFTS AND FRAUDS.

Stealing.

140.

141.

142.

143.

144.

145.

146.

147.

148.

149.

STEALING.

STEALING IN SPECIAL CASES.

PUNISHMENT FOR SECOND CONVICTION OF STEALING IN SPECIAL CASES.

SPECIAL POWER OF ADJUDICATION VESTED IN MAGISTRATE IN CERTAIN CASES.

STEALING TREE, ETC.

PROVISIONS AS TO THING FOUND.

False Pretences and Frauds.

FRAUD BY FALSE PRETENCE.

FRAUD AS TO TICKET, WITCHCRAFT, WEIGHTS, MEASURES, CERTIFICATES, ETC.

FRAUDS IN RELATION TO REVENUE STAMPS.

INTERPRETATION.

Receiving and Unlawful Possession..

SECTION.

150. DISHONESTLY RECEIVING.

151. UNLAWFUL DETENTION OF GOODS UNDER ~25 IN VALUE.

152. UNLAWFUL POSSESSION OF ANIMAL OR BIRD OR PART THEREOF.

153. UNLAWFUL POSSESSION OF TREE, ETC.

154. HAVING POSSESSION OF INSTRUMENT FOR UNLAWFULLY OBTAINING WINE, ETC.

155. REGULATIONS IN RESPECT TO PERSONS DEALING IN MARINE STORES OF ANY DESCRIPTION.

TITLE XIII.

COMMON OFFENCES AGAINST RIGHTS TO PROPERTY.

Mischief, etc.

156. TRESPASS OR DAMAGE ALTHOUGH NO PECUNIARY DAMAGE CAUSED.

157. DAMAGES IN CASES NOT PROVIDED.

158. DAMAGE TO TREES.

159. DAMAGE TO AGRICULTURAL PRODUCE.

160. DAMAGE TO FENCE, ETC.

Squatters and Trespassing.

161. POWER OF MAGISTRATE.

162. PENALTY FOR INSULTING TRESPASS ON LAND.

Dogs.

163. COMPLAINTS AS TO DANGEROUS DOGs.

164. DETENTION OF STRAY DOGS AND DOGS NOT UNDER PROPER CONTROL.

165. PENALTY FOR SUFFERING FEROCIOUS DOGS TO BE AT LARGE.

166. COMPENSATION FOR INJURIES DONE BY DOG.

Injuries to Animals, etc.

167. DAMAGE TO CATTLE.

168. DAMAGE TO ANIMAL, NOT BEING CATTLE.

169. TAKING AND USING CATTLE, ETC., WITHOUT CONSENT OF OWNER.

170. ALTERING BRANDED MARKS.

Stray Cattle.

171. STALLIONS.

172. CATTLE AT LARGE IN HIGHWAYS OR BURIAL GROUNDS.

173. DUTIES OF PEACE OFFICERS.

Pounds.

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