CRIMINAL OFFENCES ACT, 1960 (ACT 29) SS 81-171

Subsection (1)

1. A deputy gaoler, even though unlawfully appointed, is under the duties of a gaoler in relation to the prisoner.

2. A master is under the duties of a master in relation to the apprentice, even though the articles of apprenticeship are void.

81. Exceptions to causing an event

The general provisions of Part One with respect to causing an event are, in their application to the matters of this Chapter, subject to the following explanations and modifications, namely,

(a) a person has not caused harm to another person by omitting to supply the other person with the necessaries of health and life, unless it is proved against that person that the other person, by reason of age or physical or mental state, or by reason of control by the accused person, could not by reasonable exertion have avoided the harm;

(b) the disease or disorder which a person suffers as the inward effect of grief, terror, or any other emotion is not harm caused by another person, although the grief, terror, or emotion has been caused by that other person whether with intent to cause harm or otherwise;

(c) the harm which a person suffers by execution of a sentence of a Court in consequences of a prosecution instituted, prosecuted, or procured, or of evidence given or procured to be given, by another person, whether in good faith or not, is caused by that other person; and

(d) except as in this section expressly provided, a person is not excused from liability to punishment for causing harm to another person, on the grounds that the other person personally, by trespass, negligence, act, or omission, contributed to causing the harm.

82. Special provision as to medical or surgical treatment

A person who in good faith, for the purposes of medical or surgical treatment, intentionally causes harm to another person which, in the exercise of reasonable skill and care according to the circumstances of the case, is or ought to have known to be plainly improper, is liable to punishment as if the harm had been caused negligently, within the meaning of this Act, and not otherwise.

Illustration

A surgeon, through gross negligence, amputates a limb where the necessity to amputate did not arise.

The surgeon is not liable to be convicted of having intentionally and unlawfully caused harm, but is liable to be convicted of having negligently and unlawfully caused harm.

83. Causing harm by hindering escape from wreck

A person who intentionally hinders any other person from escaping from a wrecked vessel, or from lawful personal protection or from any other person against harm has, for the purposes of this Act, intentionally caused the harm which happens to that other person by reason of the hindrance.

CHAPTER FOUR
Assault and Similar Offences
84. Assault

A person who unlawfully assaults another person commits a misdemeanour.

85. Different kinds of assault

(1) For the purposes of section 84, “assaults” includes

(a) assault and battery,

(b) assault without actual battery, and

(c) imprisonment.

(2) An assault is unlawful unless it is justified on one of the grounds mentioned in Chapter One of this Part.

86. Assault and battery

(1) A person makes an assault and battery on another person, if without the other person’s consent, and with the intention of causing harm, pain, or fear, or annoyance to the other person, or of exciting the other person to anger, that person forcibly touches the other person.

(2) The application of subsection (1) is subject to the following provisions:

(a) where the consent of the other person to be forcibly touched has been obtained by deceit, it suffices with respect to intention that the touch is intended to be a touch that is likely to cause harm or pain, or is intended to be a touch that, but for the consent obtained by the deceit, would have been likely to cause harm, pain, fear or annoyance, or to excite anger;

(b) where the proper person is insensible, unconscious, or insane, or is, by reason of infancy or any other circumstance, unable to give or refuse consent, it suffices, with respect to intention,

i. that the touch is intended to cause harm, pain, fear or annoyance, or

ii. that the touch is intended to be a touch that would be likely to cause harm, pain, fear, or annoyance to, or to excite the other person’s anger, if that person were able to give or refuse consent, and were not consenting;

(c) the slightest actual touch suffices for an assault and a battery, if the intention is an intention as is required by this section;

(d) a person is touched, within the meaning of this section, if the body is touched, or if the clothes or any other thing in contact with the body or with the clothes on the body are or is touched, although the body is not actually touched; and

(e) for the purpose of this section, with respect to intention to cause harm, pain, fear or annoyance, it is immaterial whether the intention is to cause the harm, pain, fear, or annoyance by the force or manner of the touch itself or to forcibly expose the person, or cause that person to be exposed, to harm, pain, fear, or annoyance from any other cause.

Illustrations
Subsection (1)
  1. A strikes B, or spits upon B, or causes a dog to bite B, or in any manner causes B to fall or be thrown on the ground. Here, if A’s intention was to cause harm, pain, fear or annoyance to B, or to excite B’s anger, A commits an assault and battery;
  1. A puts A’s hand on B’s shoulder in order to attract the attention of B, but does not use unnecessary force. A has not committed an assault and battery.
Subsection (2)
  1. A under false pretence of surgical treatment induces B to consent to harm or pain. A commits and assault and battery;
  1. A kicks B, who is insensible. A commits an assault and battery even though the kick does not cause pain to be felt by B on B recovering sensibility;
  1. A pushes B so as to cause B to fall into water. A commits an assault and battery although the push is so slight as not of itself to be material.
87. Assault without actual battery

(1) A person makes an assault without actual battery on another person, if by an act apparently done in commencement of an assault and battery, the person intentionally puts the other person in fear of an instant assault and battery.

(2) The application of subsection (1) is subject to the following provisions;

(a) it is not necessary that an actual assault and battery should be intended, or that the instruments or means by which the assault and battery is apparently intended to be made should be, or should by the person using them be believed to be, of a kind or in a condition that an assault and battery could be made by means of them;

(b) a person can make an assault, within the meaning of this section, by moving, or causing a person, an animal, or a matter to move, towards another person, although that person or the other person, animal, or matter, is not yet within a distance from the other person that an assault and battery can be made; and

(c) an assault can be made on a person, within the meaning of this section, although that person can avoid actual assault and battery by retreating, or by consenting to do, or to abstain from doing, an act.

Illustrations
Subsection (2)
  1. A points a pistol at B in a manner that gives B reasonable grounds for fearing that B will be immediately shot. Here, A commits an assault, although A does not intend to fire, and although the pistol is not loaded, and although A knows that it is not loaded;
  1. A at a distance of ten yards from B runs at B with apparent intention of striking B and intending to put B in fear of an immediate beating. Here, A commits an assault, although A never comes within actual reach of B;
  1. A being near B, lifts a stick and threatens at once to strike B, unless B immediately apologises. Here A has committed an assault.
88. Definition of, and provisions relating to, imprisonment

(1) A person imprisons another person if, intentionally and without the other person’s consent, that person detains the other person in a particular place, of whatever extent or character and whether enclosed or not, or compels the other person to move to or be carried in a particular direction.

(2) The application of subsection (1) is subject to the following provision, namely, that the detention or compulsion may be constituted, within the meaning of this section,

(a) by force or by a physical obstruction to a person’s escape, or

(b) by creating the belief that the other person cannot depart from a place, or refuse to move or be carried in a particular direction, without overcoming force or incurring danger or harm, pain or annoyance, or

(c) by creating the belief that the other person is under legal arrest, or

(d) by creating the belief to the other person of immediate imprisonment if the other person does not consent to do, or to abstain from doing, an act.

Illustrations
  1. A detains B on board a ship. Here, A imprisons, B although B is let free within the ship; and, if B was prevented from leaving the ship until she sailed, B, is imprisoned so long as B necessarily or reasonably continues on board the ship, even though during a part of the time B would have been free if there had been a means of leaving;
  1. A, by falsely pretending that B is under arrest, prevents B from leaving B’s own house. Here, A imprisons B.
88A. Cruel practices in relation to bereaved spouses

(1) A person who compels a bereaved spouse or a relative of the spouse to undergo a custom or practice that is cruel in nature commits a misdemeanour.

(2) For the purposes of subsection (1), a custom or practice is cruel in nature if it constitutes an assault within the meaning of sections 85, 86, 87 and 88. [As inserted by the Criminal Code (Amendment) Law, 1984 (P.N.D.C.L. 90)].

CHAPTER FIVE
Kidnapping, Abduction, and Similar Offences
89. Kidnapping

A person who kidnaps another person commits a second degree felony.

90. Definition of kidnapping

A person commits the criminal offence of kidnapping

(a) who unlawfully imprisons any other person, and takes that other person out of the jurisdiction of the Court, without the consent of the other person;

(b) who unlawfully imprisons any other person within the jurisdiction of the Court, in a manner that prevents the other person from applying to a Court for release or from discovering to any other person the place of the imprisonment, or in a manner that prevents a person entitled to have access from discovering the place where the other person is imprisoned.

91. Abduction of child under eighteen

A person who abducts a child under eighteen years of age commits a misdemeanour. [As substituted by Act 554, section 7].

92. Definition of abduction

(1) A person commits the criminal offence of abduction of a child who with intent to deprive a person entitled to the possession or control of the child or with intent to cause the child to be carnally known or unnaturally carnally known by any other person

(a) unlawfully takes the child from the lawful possession, care or charge of a person, or

(b) detains the child and prevents the child from returning to the lawful possession, care or charge of a person. [As amended by Act 554, section 8].

(2) The possession, control, care or charge of a child by a parent, guardian, or any other person continues although the child is absent from actual possession, control, care, or charge, if the absence is for a special purpose only, and is not intended by the parent, guardian, or the other person to exclude or determine the possession, control, care, or charge for the time being.

(3) A person does not commit the criminal offence of abduction by taking or detaining a child unless that person knew, or had grounds for believing that the child was in the possession, control, care, or charge of another person.

93. Child stealing

A person who steals a person under fourteen years of age, whether with or without consent, commits a second degree felony.

94. Definition of child stealing

(1) A person steals another person if the first mentioned person unlawfully takes or detains the other person with intent to deprive the other person of the possession or control to which any person is entitled, or with intent to steal anything on or about the body of, or with intent to cause harm to, that other person.

(2) For the purposes of subsection (1), it is not necessary to prove that the person stolen had been taken from the possession, care, or charge of a person, if it is shown that some person, other than the accused person, was entitled to the control or possession of the person stolen.

95. Special provisions as to child stealing and abduction

(1) For the purposes of the sections of this Chapter relating to child stealing and abduction,

(a) it is not necessary that the taking or detaining should be without the consent of the person taken or detained, and it suffices if that person is persuaded, aided, or encouraged to depart or not to return;

(b) it is not necessary that there should be an intent permanently to deprive a person of the possession or control of the person taken or detained;

(c) a taking or detention is unlawful unless a person entitled to give consent to the taking or detention of the person taken or detained, for the purposes for which that person is taken or detained, gives consent to the taking or detention for those purposes;

(d) a person having the temporary possession, care or charge of another person for a special purpose, as the attendant, employer, or school master of that person, or in any other capacity, can commit stealing or abduction of that person by acts which the first mentioned person is not entitled to do for the special purpose, and cannot give consent to an act by another person which would be inconsistent with the special purpose; and

(e) notwithstanding the general provisions of Part One of this Act with respect to mistake of law, a person does not commit the criminal offence of stealing or of abduction of another person by anything which that person does in the bona fide belief of being entitled by law as a parent or guardian, or by virtue of any other legal right, to take or detain the other person for the purposes of the taking or detention.

(2) Paragraph (e) of subsection (1) does not exempt a person from liability to punishment on the plea that that person did not know or believe, or had not the means of knowing that the age of the other person was under fourteen or eighteen years; nor exempt a person from liability to punishment as for stealing or abduction if that person took or detained the other person for an immoral purpose. [As amended by Act 554, section 8].

Illustration

Paragraph (e) A mother, believing in good faith that she has right to the custody of her child in pursuance of an agreement with the father, takes it away from the father. The mother has not committed the criminal offence of abduction, although the agreement is invalid.

96. Abandonment of infant

A person who is bound by law, or by virtue of an agreement or employment, to keep charge of or to maintain a child under five years of age, or who is unlawfully in possession of a child, abandons the child by leaving it at a hospital, or at the house of any other person or in any other manner, commits a misdemeanour.

CHAPTER SIX
Sexual Offences
[Substituted by Act 554, section 11]
97. Rape

A person who commits rape commits a first degree felony and is liable on conviction to a term of imprisonment of not less than five years and not more than twenty-five years.

98. Definition of rape

Rape is the carnal knowledge of a female of not less that sixteen years without her consent.

99. Evidence of carnal knowledge

Where, on the trial of a person for a criminal offence punishable under this Act, it is necessary to prove carnal knowledge or unnatural carnal knowledge, the carnal knowledge or unnatural carnal knowledge is complete on proof of the least degree of penetration.

100. Effect of void or voidable marriage with respect to consent

Where a female is compelled to marry another person by duress as to make the marriage void or voidable, the marriage does not have effect for the purpose of Part One of this Act with respect to consent.

101. Defilement of child under sixteen years of age

(1) For the purposes of this Act, defilement is the natural or unnatural carnal knowledge of a child under sixteen years of age.

(2) A person who naturally or unnaturally carnally knows a child under sixteen years of age, whether with or without the consent of the child, commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years.

102. Carnal knowledge

A person who has carnal knowledge or has unnatural carnal knowledge of an idiot, imbecile or a mental patient in or under the care of a mental hospital whether with or without the consent of that other person, in circumstance which prove that the accused knew at the time of the commission of the criminal offence that the other person has a mental incapacity commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than five or and not more than twenty-five years.

103. Indecent assault

(1) A person who indecently assaults another person commits a misdemeanour and is liable on conviction to a term of imprisonment of not less than six months.

(2) A person commits the criminal offence of indecent assault if, without the consent of the other person that person

(a) forcibly makes a sexual bodily contact with the other person, or

(b) sexually violates the body of the other person, in a manner not amounting to carnal knowledge or unnatural carnal knowledge.

104. Unnatural carnal knowledge

(1) A person who has unnatural carnal knowledge

(a) of another person of not less than sixteen years of age without the consent of that other person commits a first degree felony and is liable on conviction to a term of imprisonment of not less than five years and not more than twenty-five years; or

(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanour; or

(c) of an animal commits a misdemeanour.

(2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or, with an animal.

105. Incest

(1) A male of not less than sixteen years of age who has carnal knowledge of a female whom he knows is his grand-daughter, daughter, sister, mother or grandmother commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than three years and not more than twenty-five years.

(2) A female of not less than sixteen years or age who has carnal knowledge of a male whom she knows is her grand-son, son, brother, father or grandfather, commits a criminal offence and is liable on conviction to a term of imprisonment of not less than three years and not more than twenty-five years.

(3) A male of not less than sixteen years of age who permits a female whom he knows is his grandmother, mother, sister or daughter to have carnal knowledge of him with his consent, commits a criminal offence and is liable on conviction to a term of imprisonment of not less than three years and not more than twenty-five years.

(4) A female of not less than sixteen years of age who permits a male whom she knows is her grandfather, father, brother or son to have carnal knowledge of her with her consent, commits a criminal offence and is liable on conviction to a term of imprisonment of not less than three years and not more than twenty-five years.

(5) In this section, “sister” includes half-sister, and “brother” includes half-brother, and for the purposes of this section an expression importing a relationship between two people applies although the relationship is not traced through lawful wedlock.

106. Householder permitting defilement of a child

(1) The owner or occupier of premises or a person acting or assisting in the management of the premises who induces or knowingly permits a child of less than sixteen years of age to resort to or be in or on the premises to be carnally known or unnaturally carnally known by any other person, commits a criminal offence and is liable on conviction to a term of imprisonment not less than seven years and not more than twenty-five years.

(2) For the purpose of subsection (1), it is a criminal offence under this section whether the carnal knowledge or unnatural carnal knowledge is intended to be with a particular person or generally.

(3) It is a defence to a charge under this section that the accused person had reasonable cause to believe that the child was of or above sixteen years of age.

107. Procuration

(1) A person commits a misdemeanour who

(a) procures another person under twenty-one years of age, who is not a prostitute or of known immoral character to have carnal or unnatural carnal connection in the Republic or elsewhere with any other person; or

(b) procures another person to become a prostitute in the Republic or elsewhere; or

(c) procures another person to leave the Republic with the intention that the other person becomes an inmate of brothel elsewhere; or

(d) procures another person to leave that other person’s usual place of abode which is not a brothel in the Republic with the intention that the other person becomes an inmate of a brothel in the Republic or elsewhere for prostitution; or

(e) by threats or intimidation procures or attempts to procure another person to have carnal or unnatural carnal connection in the Republic or elsewhere; or

(f) by false pretences or false representations procures another person who is not a prostitute or of known immoral character to have carnal or unnatural carnal connection in the Republic or elsewhere; or

(g) applies, administers to, or causes to be taken by another person, a drug, matter or thing, with intent to stupefy or overpower that other person so as to enable any other person to have a carnal or unnatural carnal connection with that other person.

(2) A person shall not be convicted of a criminal offence under subsection (1) on the evidence of one witness, unless the witness is corroborated in a material particular by evidence implicating the accused person.

108. Seduction or prostitution of a child under sixteen

(1) A person who having the custody, charge or care of a child under the age of sixteen years causes or encourages the seduction, carnal knowledge or unnatural carnal knowledge or prostitution of that child or the commission of indecent assault on that child commits a misdemeanour.

(2) For the purposes of subsection (1), a person causes or encourages the seduction, carnal knowledge or unnatural carnal knowledge, prostitution or commission of indecent assault on a child, if that person knowingly allows the child to consort with, enter or continue in the employment of a prostitute or person of known immoral character.

109. Compulsion of marriage

A person who by duress causes another person to marry against that other person’s will, commit a misdemeanour.

110. Custody of child under sixteen years of age

(1) Where on the trial of a criminal offence under this Chapter it is proved to the satisfaction of the Court that the seduction or prostitution of a child under sixteen years has been caused, encouraged or favoured by the father, mother, guardian, master or mistress of that child, the Court may divest that person of the authority over the child.

(2) The Court may appoint a person willing to take charge of the child under sixteen to have authority over the child until the child has attained twenty-one years of age or any other age below twenty-one directed by the Court.

(3) The Court may rescind or vary the order of appointment by appointing another person or may vary the order in any other respect.

111. Power to search for child detained for immoral purpose

(1) Where it appears to the Chairman of a Regional Tribunal or a Justice that there is reasonable cause to suspect that a child is detained for immoral purposes by another person in a place within the jurisdiction, the Chairman or Justice may issue a warrant in accordance with subsections (3) and (4).

(2) The Chairman of the Tribunal or the Justice shall act on information supplied on oath by a parent, guardian, or relative of the child or may act on the information of any other person who the Chairman or Justice considers is acting in good faith in the best interests of the child.

(3) The warrant shall authorise the person named in it to search for and when found to take and detain the child in a place of safety until the child can be brought the before the Chairman of the Tribunal or the Justice or any other Tribunal or Justice.

(4) The Chairman of the Tribunal or the Justice before whom the child is brought may order that the child be taken to the parents or guardian or be otherwise dealt with as circumstances permit or require.

(5) The Chairman of the Tribunal or the Justice may, by the same warrant or another warrant, cause a person accused of unlawfully detaining a child to be arrested and brought before the Tribunal or Court or any other Tribunal or Court for legal proceedings and punishment.

(6) A child is detained for immoral purposes if the child is detained to be carnally known or unnaturally carnally known by a particular person or generally and

(a) is under sixteen years of age, or

(b) if not less than sixteen years and under twenty-one years of age, is detained against the will, or the will of the father, mother or any other person who has lawful care or charge of the child.

(7) A person authorised by a warrant under this section to search for a detained child may enter if necessary by force a house, building or any other place mentioned in the warrant and may remove the child.

(8) A warrant issued under this section shall be addressed to and executed by a superior police officer who shall be accompanied by the parent, guardian or relative of the child unless the Chairman of the Tribunal or the Justice otherwise directs.

(9) Where the warrant is issued on the basis of information given by a person acting in good faith in the best interests of the child, that person may accompany the superior police officer to execute the warrant.

CHAPTER SEVEN
Libel [This Chapter was repealed by the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602)]
PART THREE
Offences against Rights of Property
CHAPTER ONE
Offences involving Dishonesty
General Provisions
120. Dishonest appropriation

(1) An appropriation of a thing is dishonest

(a) if it is made with an intent to defraud, or

(b) if it is made by a person without a claim of right, and with a knowledge or belief that the appropriation is without the consent of a person for whom that person is trustee or who is owner of the thing or that the appropriation would, if known to the other person, be without the consent of the other person.

(2) It is not necessary, in order to constitute a dishonest appropriation of a thing, that the accused person should know who the owner of the thing is, but it suffices if the accused person has reason to know or believe that any other person, whether certain or uncertain, is interested in or entitled to, that thing whether as owner in that person’s right or by operation of law, or in any other manner; and a person so interested in or entitled to a thing is an owner of that thing for the purposes of the provisions of this Act relating to criminal misappropriations and frauds.

(3) The general provisions of Part One with respect to consent, and with respect to the avoidance of consent by force, duress, incapacity, and otherwise, apply for the purposes of this section, except as is otherwise provided in this Chapter with respect to deceit.

Illustrations
Subsection (1)
    1. A, a commercial traveller, is directed to collect moneys for the employer. If A is at liberty to dispose of the particular moneys which A collects, and is only bound to account for the balance in A’s hands at particular times or when called upon, A does not commit stealing or fraudulent breach of trust merely by spending any or all of the moneys collected by A unless there is an intent to defraud.
    1. A being the guest of B writes a letter on B’s paper. Here A has not stolen, because, although A does not use the paper under a claim of right, yet A believes that B, as a reasonable person, would not object to A doing so.
    1. A, during a law suit with B as to the right of certain goods, uses or sells some of the goods. Here A has not stolen because, although A believes that B would object, yet A acts under a claim of right.

Subsection (2) A person can be convicted of stealing by appropriating things the ownership of which is in dispute or unknown, or which have been found by another person.

121. Part owners

A person who is an owner of or interested in a thing, or in the amount, value or proceeds of that thing, jointly or in common with another person or as a member of a company, or who is owner of a thing as a trustee and also as a beneficiary of that thing, whether jointly or in common with another person or for a company of which that person is a member, can be convicted of stealing or of fraudulent breach of trust in respect of the thing; and a person can be a clerk, servant, or officer of a company of which that person is a member.

Illustrations
    1. A member of a partnership, or of an association or a corporation, can be convicted of stealing a thing belonging to that member and the other members of the partnership, association or corporation.
    1. A servant or officer of a partnership, association, or corporation can be convicted of stealing its property, although that person is a member of it.
122. Acts which amount to an appropriation

(1) An appropriation of a thing by a trustee means a dealing with the thing by the trustee, with the intent of depriving a beneficiary of the benefit of the right or interest in the thing, or in its value or proceeds, or a part of that thing.

(2) An appropriation of a thing in any other case means any moving, taking, obtaining, carrying away, or dealing with a thing, with the intent that a person may be deprived of the benefit of the ownership of that thing, or of the benefit of the right or interest in the thing, or in its value or proceeds, or part of that thing.

(3) An intent to deprive can be constituted by an intent to appropriate the thing temporarily or for a particular use, if the intent is so to use or deal with the thing that it probably will be destroyed, or become useless or greatly injured or depreciated, or to restore it to the owner only by way of sale or exchange, or for reward, or in substitution for another thing to which that owner is otherwise entitled, or if it is pledged or pawned.

(4) It is immaterial whether the act by which a thing is taken, obtained or dealt with

(a) is or is not a trespass or a conversion,

(b) is or is not in any manner unlawful other than by reason of its being done with a purpose of dishonest appropriation, and it is immaterial whether, before or at the time of doing the act, the accused person had or did not have possession, custody, or control of the thing.

Illustrations

Subsection (1) A is a trustee of stock for B. If A orders the stock to be sold with the intent of appropriating part of the proceeds, A has appropriated the stock.

Subsection (2) A, intending to steal a horse, disguises it by cutting its mane and tail. This is a sufficient appropriation.

Subsection (3)
    1. A is a workman paid according to the quantity of metal which A obtains from ore. If A fraudulently puts into the furnace a metal belonging to the employer instead of the ore, with the purpose of increasing A’s wages, A may be convicted of stealing the metal, although A does not mean to deprive the employer of it permanently.
    1. A borrows a horse without the consent of its owners intending to keep it until it is worn out and then return it. Here A has committed the criminal offence of stealing the horse.

Subsection (4) A person can be convicted of stealing a thing entrusted to that person to carry or keep, and it is not necessary in order to constitute a stealing by that person, that the package in which the thing is contained should be broken open by that person.

123. Subject matter of stealing

(1) The criminal offence of stealing, fraudulent breach of trust, robbery, extortion, or defrauding by false pretence can be committed in respect of a thing

(a) whether living or dead, and whether fixed to the soil or to a building or fixture, or not so fixed, and

(b) whether the thing is a mineral or water, gas, or electricity, or of any other nature, and

(c) whether the value of the thing is intrinsic or for the purpose of evidence, or is of value only for a particular purpose or to a particular person, and

(d) whether the value of the thing does or does not amount to the value of the lowest denomination of coin.

(2) For the purposes of subsection (1), a document is of value, whether it is complete or incomplete, and whether or not it is satisfied, exhausted, or cancelled.

(3) In proceedings in respect of a criminal offence mentioned in subsection (1), it is not necessary to prove ownership or value.

Stealing
124. Stealing

(1) A person who steals commits a second degree felony.

(2) Where the Court which finds a person guilty of stealing is satisfied that on not less than two previous occasions the accused was found guilty of stealing, the Court shall order that the whole or a part of a term of imprisonment imposed by it shall be spent in productive hard labour.

(3) A person in respect of whom the Court makes an order under subsection (2) is disqualified for election to Parliament or to a District Assembly within the meaning of the Local Government Act, 1993 (Act 462), for a period not exceeding five years. [NB: Act 462 has since been repealed and replaced with the Local Governance Act, 2016 (Act 936)]

(4) For the purposes of this section,

“productive hard labour” means labour in a State Farm or State Factory or any other public co-operative or collective enterprise specified by the Minister;

“previous occasions” referred to in subsection (2) may include occasions which occurred prior to the commencement of this Act. [As amended by the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398)].

125. Definition of stealing

A person steals who dishonestly appropriates a thing of which that person is not the owner.

126. Consent by wife in case of stealing

(1) Where it is proved, on behalf of a person accused of having stolen a thing that the wife of the owner of the thing consented to its appropriation by the accused person, the accused person shall not be convicted unless it is proved against the accused person that the accused person had notice that the wife did not have the authority to consent to the appropriation.

(2) Where it appears that the accused person had committed, or designed to commit, adultery with the wife, the accused person shall be deemed to have had notice, but shall not in that case be deemed to have committed the criminal offence of stealing by reason only

(a) of the appropriation, with the consent of the wife, or

(b) of the assistance to the wife to appropriate a wearing apparel of the wife or money or any other thing of which the wife is apparently permitted to have the disposal for her own use.

127. Stealing of thing found

A person who appropriates a thing which appears to have been lost by another person has not committed the criminal offence of stealing it, unless

(a) at the time of appropriating it, that person knows the owner of the thing or by whom it has been lost; or

(b) the character or situation of the thing, the marks on it, or any other circumstances indicate the owner of the thing or the person by whom it has been lost; or

(c) the character or situation of the thing, the marks on it, or any other circumstances indicate that the person who has lost the thing appears likely to be able to recover it by reasonable search and enquiry, if it were not removed or concealed by any other person.

Illustrations
    1. A finds a ring in the high road. If the ring has an owner’s or maker’s name or motto engraved on it, or if it is of great value, A will be convicted of stealing it if A appropriates it without making reasonable enquiry.
    1. A buys an old chest at the sale of the personal effects of a deceased person. A finds a banknote in a secret drawer of the chest A commits the criminal offence of stealing if A appropriates the note, unless A had expressly bought the right to what A might find in the chest, or makes reasonable enquiry and fails to discover the owner.
127A. Stealing of telephone wires

Despite section 296 of the Criminal and other Offence (Procedure) Act, 1960 (Act 30), a person who steals an underground telephone cable, or a telephone wire attached to or connected with a telephone or telephone pole, commits a criminal offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than twenty five years. [Inserted by section 1 of the Criminal Code (Amendment) Decree, 1972 (N.R.C.D. 50)].

Fraudulent Breach of Trust
128. Fraudulent breach of trust

A person who commits a fraudulent breach of trust commits a second degree felony. [As amended by N.L.C.D. 398, section 5].

129. Definition of fraudulent breach of trust

A person commits a fraudulent breach of trust if that person dishonestly appropriates a thing the ownership of which is invested in that person as a trustee for or on behalf of any other person.

130. Explanation as to a gratuitous trustee

Where a person, who is the owner of a thing in that person’s own right and benefit, undertakes to hold or apply the thing as a trustee for another person, the first named person does not become a trustee within the meaning of the provisions of this Act relating to fraudulent breaches of trust, unless that owner has constituted the owner as a trustee by an instrument in writing executed by the owner and specifying the nature of the trust and the person to be benefited by the trust.

Illustration

A, on the marriage of A’s daughter, verbally promises to hold certain of A’s moneys in trust for her daughter and the daughter’s children. A is not a trustee within the meaning of the section; but, if the moneys were entrusted to A by the husband for the wife, A would be a trustee within the meaning of the section.

False Pretences and Other Frauds
131. Defrauding by false pretence

(1) A person who defrauds any other person by a false pretence commits a second degree felony. [As amended by N.L.C.D. 398, section 5].

(2) A person who by means of a false pretence or by personation obtains or attempts to obtain the consent of another person to part with or transfer the ownership of a thing by a false representation of acting in accordance with the instructions, orders or a request of the President or member of the Cabinet, commits a second degree felony under subsection (1) and is liable to a term of imprisonment of not less than ten years and not more than twenty-five years despite section 296 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30). [As amended by N.L.C.D. 398, section 5 and the Criminal Code (Amendment) (No. 2) Decree, 1972 (N.R.C.D.), sections 1 and 2].

132. Definition of defrauding by false pretence

A person defrauds by false pretences if, by means of a false pretence, or by personation that person obtains the consent of another person to part with or transfer the ownership of a thing.

133. Definition of, and provisions relating to, a false pretence

(1) A false pretence is a representation of the existence of a state of facts made by a person, with the knowledge that the representation is false or without the belief that it is true, and made with an intent to defraud.

(2) For the purposes of subsection (1),

(a) a representation may be made by written or spoken words, or by personation, or by any other conduct, sign, or means of any kind;

(b) the expression “a representation of the existence of a state of facts” includes a representation as to the non-existence of a thing or a condition of things, and a representation of any right, liability, authority, ability, dignity or ground or credit or confidence as resulting from an alleged past fact or state of facts, but does not include a mere representation of an intention or a state of mind in the person making the representation, nor a mere representation or promise that anything will happen or will be done, or is likely to happen or to be done;

(c) a consent is not obtained by a false representation as to the quality or value of a thing, unless the thing is substantially worthless for the purpose for which it is represented to be fit, or to have been substantially a different thing from that which it is represented to be; and

(d) subject to paragraphs (a), (b) and (c), if the consent of a person is in fact obtained by a false pretence, it is immaterial that the pretence is of a kind that would not have an effect on the mind of a person using ordinary care and judgment.

Illustrations
Subsection (2)

1. A goes into a shop dressed as an officer in the Army, which A is not. If A does this in order to gain credit which A would not otherwise get, A has committed the criminal offence of a false pretence, although A does not actually say that A is an officer.

2. The following pretences which are false are sufficient “false pretences” by A within the meaning of this Chapter:

(a) that a picture which A is selling once belonged to a particular collector;

(b) that a picture which A is selling was painted by a particular painter;

(c) that a picture which A is selling belongs to A;

(d) that A is entitled to a legacy under the will of a deceased relative;

(e) that A has an account at a particular bank; or

(f) that A has the authority of another person to act on that person’s behalf.

3. The following are not sufficient, although false:

(a) that the picture is a valuable work of A;

(b) that A expects to receive a legacy when a relative dies.

134. Personation

(1) Personation means a false pretence or representation by a person that that person is a different person, whether that different person is living or dead or is a fictitious person.

(2) A person may commit the criminal offence of personation although that person gives or uses that person’s own name, if that is done with intent of being believed to be a different person of the same or of a similar name.

135. Fictitious trading

Where a person orders, or makes a bargain for the purchase of goods or things by way of sale or exchange, and after obtaining the goods or the things, that person defaults in payment of the purchase money or in rendering the goods or things to be rendered by that person by way of an exchange, that person commits the criminal offence of defrauding or attempting to defraud by false pretences if

(a) at the time of giving the order or making the bargain, that person intended to make that
default; and

(b) the order was given or the bargain was made with intent to defraud and not in the course of a
trade carried on in good faith.

136. Distinction between stealing and false pretences
  • Where the owner of a thing, or a person having authority to part with the ownership of that thing, gives consent to the appropriation of it by the accused person, then, although the consent has been obtained by deceit, the accused person shall not be convicted of having stolen the thing, but may be convicted of the criminal offence of having defrauded by false pretences, if the acts amounted to the criminal offence.

 

  • The consent to be proved by the accused person for the purposes of subsection (1), is an unconditional consent to the immediate and final appropriation of the thing by the accused person, by way of gift or barter, or of sale on credit to the accused person.
Illustrations
Subsection (1)
  1. A, intending fraudulently to appropriate a horse belonging to B, obtains it from B, under the pretence that A wants it for a day. Here A, commits the criminal offence of stealing.
  1. A, intending to defraud B of a horse without paying for it induces B to sell and deliver it to A without the present payment, by a false pretence that A has the money for the payment at A’s bank. Here A commits the criminal offence of obtaining by false pretence but not of stealing. [As amended by the Schedule to Act 554].
137. Charlatanic advertisements in newspapers

(1) The publication in a journal or newspaper of an advertisement or a notice relating to fortunetelling, palmistry, astrology, or the use of any subtle craft, means or device, by which it is sought to deceive or impose on a member of the public, or which is calculated or is likely to deceive or impose on a member of the public, is illegal.

(2) The editor, publisher, proprietor, and the printer of a journal or newspaper in which the advertisement or notice is published commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units. [As amended by the Schedule to Act 554].

138. Fraud as to weights and measures

[Repealed by the Weights and Measures Decree, 1975 (N.R.C.D. 326), section 34].

139. Improper removal of or dealing with stamps

(1) A person commits a criminal offence and is liable to a fine not exceeding five penalty units, [As amended by the Schedule to Act 554].

(a) who unlawfully removes from a postal matter or telegraph form a stamp affixed or impressed on that matter or form in payment for the postage or message, whether it has been cancelled or not;

(b) who knowingly uses or attempts to use, or sells, or buys, or otherwise procures a stamp which has been unlawfully removed;

(c) who knowingly uses or attempts to use in payment for a postage, a stamp or a stamped envelope or card or wrapper which has been used before for a like purpose, or a stamp cut from that envelope or wrapper;

(d) who removes or attempts to remove the cancelling marks from a stamp which has been affixed or impressed, in order that it may be used or otherwise disposed of.

(2) A person employed in the Posts and Telecommunications Department who does any of the acts described in subsection (1) commits a misdemeanour. [NB: the Posts and Telecommunications Department is now known as the Ghana Post Company Ltd.].

140. Falsification of accounts

(1) A clerk, a servant or a public officer, or an officer of a partnership, company or corporation commits a second degree felony who does any of the acts mentioned in paragraph (a) or (b), with intent to cause or enable a person to be defrauded, or with intent to commit or to facilitate the commission, personally or by any other person, of a criminal offence;

(a) conceals injures, alters or falsifies a book, or an account kept by or belonging or entrusted to the employers or to the partnership, company or corporation; or corporation; or entrusted to the officer, or to which the officer has access, as an officer or omits to make a full and true entry in an account of anything which the officer is bound to enter in the account; or

(b) publishes an account, a statement or prospectus, relating to the affairs of the partnership, company or corporation, which the officer knows to be false in a material particular. [As amended by N.L.C.D. 398, section 5, and the Schedule to Act 554].

(2) For the purposes of subsection (1), “officer” means a clerk, a servant, a public officer or an officer of a partnership, company or corporation.

141. Fraud in sale or mortgage of land

A person who, in order to induce another person to become a purchaser or mortgagee of land, fraudulently conceals a document which is material to the title to the land, commits a misdemeanour.

142. Fraud as to boundaries or documents

A person commits a misdemeanour with intent to defraud who

(a) removes, injures, alters or falsifies a boundary mark or thing serving or intended to distinguish the land or other property of that person, or of any other person, from the land or other property of any other person; or

(b) conceals, injures, alters or falsifies a bill of lading invoice, manifest, receipt or any other document evidencing the quantity, character or condition of a property, or the receipt or disposition of or the title of a person to, a property.

143. Fraud as to thing pledged or taken in execution

A person who, secretly or by duress or deceit, and with intent to defraud, takes or obtains property from a person to whom that person has pawned, pledged, or otherwise bailed it or from a person having, by virtue of an execution, a seizure or any other process of law, the possession, custody, or control of the property, commits a misdemeanour.

144. Fraud in removing goods to evade legal process

A person who, knowing an execution, a warrant or any other process of law has been awarded or issued for the seizure of anything belonging to, or in the possession, custody, or control of, that person, removes, conceals or disposes of that thing, with intent to defeat or evade the execution, warrant, or other process, commits a misdemeanour.

145. Fraud by agents

(1) A person commits a misdemeanour who

(a) as an agent dishonestly accepts or obtains, or agrees to accept or attempts to obtain, from any other person, for that person or for any other person, a gift or consideration as an inducement or reward for doing or forbearing to do or for having done or forborne to do, an act in relation to the principal’s affairs or business, or for showing or forbearing to show favour or disfavour to a person in relation to the principal’s affairs or business; or

(b) dishonestly gives or agrees to give or offers a gift or consideration to an agent as an inducement or reward for forbearing to do, or for having done or forborne to do, an act in relation to the principal’s affairs or business, or for showing or forbearing to show favour or disfavour to a person in relation to the principal’s affairs or business; or

(c) knowingly gives to an agent, or if an agent knowingly uses with intent to deceive the principal, a receipt, an account, or any other document in respect of which the principal is interested, and which contains a statement which is false or erroneous or defective in a material particular, and which is to the knowledge of that person intended to mislead the principal.

(2) For the purposes of subsection (1),

“consideration” includes valuable consideration of any kind;

“agent” includes a person employed by or acting for another;

“principal” includes an employer.

(3) A civil servant or officer of a local authority is an agent within the meaning of this section. Receiving.

146. Dishonestly receiving property

A person who dishonestly receives property which that person knows has been obtained or appropriated by a criminal offence punishable under this Chapter, commits a criminal offence and is liable to the same punishment as if that person had committed that criminal offence.

147. Dishonestly receiving

(1) A person commits the criminal offence of dishonestly receiving property which that person knows to have been obtained or appropriated by a criminal offence, if that person receives, buys, or assists in the disposal of the property otherwise than with a purpose to restore it to the owner.

(2) It is immaterial whether the criminal offence by which the property was obtained or appropriated was or was not committed within the jurisdiction of the Court.

(3) Where the property was obtained or appropriated beyond the jurisdiction of the Court by an act the doing of which within the jurisdiction would be a criminal offence punishable under this Act, the act is, for the purposes of this section, equivalent to a criminal offence punishable under this Act.

148. Possession of stolen property

(1) Where a person charged with dishonestly receiving is proved to have had in possession or under control, anything which is reasonably suspected of having been stolen or unlawfully obtained, and that person does not give an account, to the satisfaction of the Court, as to the possession or control, the Court may presume that the thing has been stolen or unlawfully obtained, and that person may be convicted of dishonestly receiving in the absence of evidence to the contrary.

(2) The possession or control of a carrier, an agent, or a servant is, for the purposes of subsection (1), possession or control of the person who employed the carrier, agent or servant, and that person is liable accordingly.

Robbery and Extortion
149. Robbery [As substituted by the Criminal Code (Amendment) Act 2003, (Act 646)]

(1) Whoever commits robbery is guilty of an offence and shall be liable, upon conviction on trial summarily or on indictment, to imprisonment for a term of not less than ten years, and where the offence is committed by the use of offensive weapon or offensive missile, the offender shall upon conviction be liable to imprisonment for a term of not less than fifteen years.

(2) For the purposes of subsection (1) the Attorney-General shall in all cases determine whether the offence shall be tried summarily or on indictment.

(3) In this section “offensive weapon” means any article made or adapted for use to cause injury to the person or damage to property or intended by the person who has the weapon to use it to cause injury or damage; and “offensive missile” includes a stone, brick or any article or thing likely to cause harm, damage or injury if thrown.

150. Definition of robbery

A person who steals a thing commits robbery

(a) if in, and for the purpose of stealing the thing, that person uses force or causes harm to any other person, or

(b) if that person uses a threat or criminal assault or harm to any other person, with intent to prevent or overcome the resistance of the other person to the stealing of the thing.

151. Extortion

(1) A person who extorts property from any other person by means of threat commits a second degree felony.

(2) When used with reference to extortion, “threat” does not include a threat of criminal assault or harm to the person threatened.

Illustration

If A obtains money from B by threat of violence to B, A does not commit extortion, but the criminal offence of robbery.

Unlawful Entry
152. Unlawful entry

A person who unlawfully enters a building with the intention of committing a criminal offence in the building commits a second degree felony.

153. Explanation as to unlawful entry

A person unlawfully enters a building if that person enters otherwise than in the exercise of a lawful right, or by the consent of any other person able to give the consent for the purposes for which that person enters.

154. Instruments intended or adapted for unlawful entry

A person who has, without lawful excuse, the proof of which lies on that person, the possession of a tool or an implement adapted or intended for use in unlawfully entering a building commits a misdemeanour.

155. Being on premises for unlawful purposes

(1) A person who is found in or about a market, wharf, jetty, or landing place, or in or about a vessel, verandah, outhouse, building, premises, passage, gateway, yard, garden or an enclosed piece of land, for an unlawful purpose, commits a misdemeanour.

(2) For the purposes of subsection (1), the expression “enclosed piece of land” includes

(a) land in respect of which a concession, within the meaning of the Concessions Act 1962 (Act 124) is in force;

(b) land which is held by a person by virtue of a grant made in pursuance of the Administration of Lands Act, 1962 (Act 123);

(c) land in respect of which a licence granted under section 2 of the Minerals Act, 1965 (Act 126) is in force; and

(d) land which is vested in the President by or by virtue of an enactment, or which is Stool Land within the meaning of the Administration of Lands Act, 1962 (Act 123). [As amended by N.L.C.D. 398, section 7].

156. Definition of owner and occupier

For the purposes of section 157, “owner” and “occupier” respectively includes a tenant or lessee, and the attorney or agent of an owner or occupier.

157. Trespass

A person who

(a) unlawfully enters in an insulting, annoying or threatening manner on land belonging to or in the possession of any other person, or

(b) unlawfully enters on land after having been forbidden so to do, or

(c) unlawfully enters and remains on land after having been required to depart from that land, or

(d) having lawfully entered on a land, acts in a manner that is insulting, annoying or threatening, or

(e) having lawfully entered on a land, remains on that land after having been lawfully required to depart from that land,

commits a criminal offence and is liable, on the complaint of the owner or occupier of the land, to a fine not exceeding twenty-five penalty units; and the Court may order the removal from the land, by force if necessary, of a person, an animal, a structure or a thing. [As amended by N.L.C.D. 398, section 7].

CHAPTER TWO
Forgery
158. Forgery of judicial or official document

A person who, with intent to deceive any other person, forges a judicial or an official document, commits a second degree felony.

159. Forgery of other documents

A person commits a misdemeanour who forges a document,

(a) with intent to defraud or injure another person, or

(b) with intent to evade the requirements of the law, or

(c) with intent to commit, or to facilitate the commission of, a criminal offence.

160. Forging hall-mark on gold or silver plate or bullion

A person who with intent to defraud, forges or counterfeits a hall-mark or mark appointed, under the authority of a law, by a corporation or public officer to denote the weight, fineness, age, or place of manufacture of gold or silver-plate or bullion, commits a misdemeanour.

161. Forging trade-mark

A person commits a misdemeanour who

(a) forges or counterfeits a trade-mark or marks with a forged or counterfeited trade-mark, the goods or anything used in, or about, or in connection with the sale of goods, or

(b) sells or offers for sale goods or a thing so marked, or

(c) has in his possession, custody or control the goods or a thing so marked, or the materials or means prepared or contrived for the forging or counterfeiting of a trade-mark, or for the marking of goods or a thing with those materials or means, intending fraudulently to pass off, or to enable any other person fraudulently to pass off, the goods as having been lawfully marked with the trade-mark or as being of a character signified by the trade-mark.

162. Forgery of, and other offences relating to, stamps

A person commits a criminal offence and is liable to a fine not exceeding fifty penalty units who

(a) forges a stamp, whether impressed or adhesive, used for the purposes of revenue by the Government, or by a foreign country; or

(b) without lawful excuse, the proof of which lies on that person, makes or has knowingly in possession a die or an instrument capable of making the impression of that stamp; or

(c) fraudulently cuts, tears, or removes from a material a stamp used for the purposes of revenue by the Government, with intent that a use should be made of the stamp or of a part of the stamp; or

(d) fraudulently mutilates a stamp to which paragraph (c) applies, with intent that a use should be made of a part of the stamp; or

(e) fraudulently fixes or places on a material, or on a stamp to which paragraph (c) applies, a stamp or part of a stamp which, whether fraudulently or not, has been cut, torn or removed from any other material, or out of or from any other stamp; or

(f) fraudulently erases or otherwise really or apparently removes from a stamped material a written name, sum, date, or any other matter or thing with the intent that a use should be made of the stamp on that material; or

(g) knowingly and without lawful excuse, the proof of which lies on that person, has in possession a stamp or part of a stamp which has been fraudulently cut, torn or otherwise removed from a material, or a stamp which has been fraudulently mutilated, or a stamped material out of which a name, sum, date or any other matter or thing has been fraudulently erased, or otherwise really or apparently removed. [As amended by the Schedule to Act 554].

163. Definition of trade-mark and official document

(1) In this Chapter, “trade-mark” means a mark, label, ticket, or any other sign or device lawfully appropriated by a person as a means of denoting that

(a) an article of trade, manufacture or merchandise is an article of the manufacture, workmanship, production, or merchandise of that person, or

(b) is an article or a peculiar or particular description made or sold by a person, and also means a mark, sign or device which, in pursuance of an enactment relating to registered designs, is to be put or placed on, or attached to, an article during the existence or continuance of a copyright or any other peculiar right.

(2) A mark, label, ticket, or any other sign or device is not lawfully appropriated by a person, within the meaning of subsection (1), unless it is of a kind and so appropriated

(a) that an injunction or other process would be granted by the Court to restrain its use by any other person without the consent of the person by whom it is appropriated, or

(b) that an action might be maintained by the last mentioned person against any other person making use of it without consent of the person by whom it is appropriated.

(3) In this Chapter, “official document” means a document purporting to be made, used or issued by a public officer for a purpose relating to that public office.

164. Special provisions relating to forgery

(1) A person forges a document if that person makes or alters the document, or a material part of the document, with intent to cause it to be believed

(a) that the document or the part has been so made or altered by a person who did not in fact so make or alter it; or

(b) that the document or the part has been so made or altered with the authority or consent of a person who did not in fact give the authority or consent; or

(c) that the document or the part has been so made or altered at a time different from that at which it was in fact so made or altered.

(2) A person who issues or uses a document which is exhausted or cancelled, with intent that it may pass or have effect as if it were not exhausted or cancelled, commits the criminal offence of forging the document.

(3) The making or alteration of a document or a part of a document by a person in the name of that person is forgery if the making or alteration is with any of the intents mentioned in subsection (1).

(4) The making or alteration of a document or a part of a document by a person in a name which is not the real name or the ordinary name of that person is forgery if the making or alteration is with any of the intents mentioned in subsection (1).

(5) For the purposes of this section,

(a) it is immaterial whether the person by whom, or with whose authority or consent, a document or a part of the document purports to have been made, or is intended to be believed to have been made, is living or dead, or a fictitious person;

(b) a word, letter, figure, mark, seal, or thing expressed on or in a document, or forming part of, or attached to, the document, and a colouring, shape, or device used in the document, which purports to indicate the person by whom, or with whose authority or consent the document or the part has been made, altered executed, delivered, attested, verified, certified, or issued, or which may affect the purport, operation, or validity of the document in a material particular, is a material part of the document;

(c) “alteration” includes any cancelling, erasure, severance, interlineations, or transposition of or in a document or of or in a material part of the document, and the addition of a material part to the document and any other act or device by which the purport, operation, or validity of the document may be affected.

(6) This section applies to the forgery of a stamp or trade-mark in the manner in which it applies to the forgery of a document.

Illustrations
    1. A endorses A’s name on a cheque, meaning it to pass as an endorsement by another person of the same name. Here A has committed forgery.
    1. A is living under an assumed name. It is not forgery for A to execute a document in that name, unless A does so with the intent to defraud, etc.
    1. A with intent to defraud, makes a promissory note in the name of an imaginary person. Here A commits forgery.
165. Possession of means of forging

A person who without lawful excuse, the proof of which lies on that person, has in possession an instrument or a thing specially contrived or adapted for the purposes of forgery commits a misdemeanour.

166. Possessing forged document

A person who with an intent mentioned in this Chapter, has in possession a document or stamp, which is forged, counterfeited, or falsified, or which that person knows is not genuine, commits a criminal offence and is liable to the like punishment as if that person had, with that intent forged, counterfeited, or falsified the document or stamp.

167. Possession or doing an act with respect to document or stamp

(1) A person possesses or does an act with respect to a document knowing it is not genuine, if that person possesses it, does an act with respect to it, knowing that it was not in fact made or altered at the time, or by the person, or with the authority or consent of the person, at which or by whom or with whose authority or consent, it purports or is pretended by that person to have been made or altered; and it is immaterial whether the act of the person who made or altered it was or was not a criminal offence.

(2) In like manner, a person possesses or does an act with respect to a stamp, knowing it is not genuine, if that person possesses it or does an act with respect to it, knowing that it is in fact counterfeited or falsified; and it is immaterial whether the act of the person who counterfeited or falsified it was or was not a criminal offence.

168. Definition of counterfeiting

(1) A person counterfeits a stamp or mark if that person makes an imitation of the stamp or mark, or anything which is intended to pass or which may pass as that stamp or mark.

(2) A person who makes anything which is intended to serve as a specimen, or pattern or trial of a process for counterfeiting a stamp or mark, commits the criminal offence of counterfeiting, within the meaning of this Chapter, although that person does not intend that a person should be defrauded or injured by, or that a further use should be made of, the specimen or pattern.

169. Uttering forged documents

A person who, with an intent mentioned in this Chapter, utters or deals with or uses, a document, or a stamp mentioned in this Chapter, knowing it is forged, counterfeited, or falsified, or knowing it is not genuine, commits a criminal offence and is liable to the like punishment as if that person had with that intent, forged counterfeited, or falsified the document or stamp.

170. Imperfect imitation of forged document

For the purposes of the provisions of this Act relating to the forgery, counterfeiting, falsifying, uttering, dealing with, using, or possession of a document, stamp, or trade-mark, it is not necessary that the document, stamp or trade-mark should be so complete, or should be intended to be made so complete, or should be capable of being made so complete, as to be valid or effectual for any of the purposes of a thing of the kind which it purports or is intended to be or to represent, or as to deceive a person of ordinary judgment and observation.

171. Special provision as to jurisdiction

For the purposes of the provisions of this Act relating to the possessing or doing an act with respect to a document, stamp, or trade-mark which is forged, counterfeited, or falsified, or which is not genuine, it is immaterial whether the document, stamp or trade-mark has been forged, counterfeited, falsified, made or altered beyond or within the jurisdiction of the Court.

CHAPTER THREE

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