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CAP. 200]
Crimes
[1984 Ed.
(2) Where the making of a false statement is made punishable by any other enactment proceedings may be taken either under such other enactment or under this Part.
(21 of 1922, s. 17, incorporated)
PART VI
Incest by men.
1908 c. 45. s. 1.
Incest by women of or over 16.
1908 c. 45. s. 2.
LN337/87
INCEST
47. (1) Any man who has sexual intercourse with a woman, who is to his knowledge his granddaughter, daughter, sister or mother, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 7 years:
Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved that the woman is under the age of 13 years, the same punishment may be imposed as may be imposed under section 123. (Amended, 5 of 1924, Schedule and 33 of 1939, Supp. Schedule, G.N. 840/40)
(2) It is immaterial that the sexual intercourse was had with the consent of the woman.
(3) Any man who attempts to commit any such offence as aforesaid, or who incites a girl under the age of 16 years, who is to his knowledge his granddaughter, daughter or sister, to have sexual intercourse with him, shall be guilty of an offence triable summarily or upon indictment and shall be liable on conviction to imprisonment for 2 years. (Amended, 5 of 1924, Schedule and 22 of 1950, s. 3)
(4) On the conviction before any court of any man of an offence under this section, or of an attempt to commit the same, against any woman under 21 years of age, or of inciting a woman under that age, who is to his knowledge his granddaughter, daughter or sister, to have sexual intercourse with him, it shall be in the power of the court to divest the offender of all authority over such female, and if the offender is the guardian of such woman, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such woman during her minority or any less period:
Provided that the High Court may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect.
(3 of 1916, s. 2, incorporated. Amended, 1 of 1978, s. 2)
48. Any woman of or above the age of 16 years who with consent permits her grandfather, father, brother or son to have sexual intercourse with her (knowing him to be her grandfather, father, brother or son, as the case may be) shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 7 years.
(3 of 1916, s. 3, incorporated. Amended, 1 of 1978, s. 3)
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