1638
Conditions under which flogging may be awarded and inflicted
*
Twenty-four strokes the maximum
No. 3 of 1903.
(6) of piracy; or
(7) of indecent assault,
FLOGGING.
the Court may, in addition to any other punishment awarded for such crime, direct that the offender, if a male, be flogged once.
4.-(1) In the case of any crime made punishable under section 31 of Ordinance No. 5 of 1865, where the punishment of flogging is awarded by the Supreme Court on an offender whose age exceeds 16 years, the following provisions shall have effect:
(a) the sentence shall prescribe the number of strokes to be inflicted;
(b) the number of strokes shall not exceed 24, and the instrument used shall be either the instrument commonly known as the "cat", or else a birch, as the Court, in its sentence, may specify;
(c) the flogging shall be inflicted in prison and within 6 months of the sentence.
(2) In all other cases where the punishment of flogging is awarded by the Supreme Court or by a Magistrate the following provisions shall have effect:-
(a) the sentence shall prescribe the number of strokes to be inflicted;
(b) in the case of an offender whose age does not exceed 16 years the number of strokes shall not exceed 12;
(c) in the case of any other offender the number of strokes shall not exceed 24;
(d) the flogging shall be inflicted with a birch on the breech in prison and within 6 months of the sentence.
5. When a person is convicted at one trial of any two or more distinct offences, any two or more of which are legally punishable by flogging, the combined sentences awarded by the Supreme Court or Magistrate for any such offences shall not exceed a total number of 24 strokes in the case of adults and 12 strokes in the case of offenders whose age does not exceed 16 years.
offences.
+
Construction of other Ordinances
authorising
flogging.
$
19
6. Where, by any Ordinance in force, save in so far as it is modified by this Ordinance, the Supreme Court or any
* As amended by No. 12 of 1911, No. 8 of 1912, No. 12 of 1912 and No. 21 of 1912.
As amended by No. 12 of 1912.
As amended by No. 12 of 1912 and No. 13 of 1912.