The Penal Code defines and prohibits criminal offenses. Section 160 of the Code permits abortion in cases where the pregnancy would involve risk of injury to physical or mental health and in cases of fetal impairment, rape, defilement or incest. The abortion must be carried out by a registered medical practitioner and with the consent of two medical practitioners.
Article 260 of the Penal Code provides that whoever willfully causes an abortion by beating or other violent injuries shall be punished with rigorous imprisonment (meaning imprisonment with hard labor per Article 13) (“Rigorous Imprisonment”). Those who provide medicine or other means of inducing abortion, with or without the consent of the pregnant woman, are subject to imprisonment (Article 261).
Article 267 of the Penal Code provides for a punishment of rigorous imprisonment (meaning imprisonment with hard labor) for anyone who rapes a woman, which shall be permanent if the perpetrator is a “Specified Perpetrator, meaning an ancestor of the victim, other person responsible for her upbringing or having power over her, or a paid servant of the victim or the perpetrator . Article 267 does not address rape of men. Article 268, however, is gender-neutral.
The Code defines certain crimes and their penalties. The Code includes provisions defining and prohibiting sexual assault and domestic violence. The Code legalizes abortions performed within 12 weeks of gestation. The Code also eliminates attenuating circumstances previously associated with the crime of rape, such as the possibility of acquittal in cases where the perpetrator married the victim. In addition, the Code decriminalizes prostitution.
The Penal Code prohibits abortion, rape, sexual contact with minors, indecent assault, incest, and bigamy outside of customary law. Abortion is an offence pursuant to the Penal Code Act. Only a registered medical practitioner may terminate a pregnancy if it is necessary to prevent significant harm to the woman’s health, the fetus will be severely disabled, or the woman became pregnant through incest or rape. An adult who has sexual intercourse with a child, defined as under 18 years old, commits an offence and the consent of the child is irrelevant.
A person who commits murder but does the act in the heat of passion caused by sudden provocation is guilty of manslaughter only (Section 213). Provocation is defined to include any wrongful act or insult of such a nature as to be likely to deprive an ordinary person of self-control and to induce such a person to assault the person who committed the act or insult (Section 214). Section 230 addresses women who causes the death of their child under the age of 12 months.
Per section 135, taking or detaining a woman of any age against her will for the purpose of marrying or engaging with her sexually (either for oneself or for another) is prohibited and punishable by seven years of imprisonment. Section 136 prohibits taking a child from the custody or protection of a parent or lawful caregiver against the will of such parent or caregiver and punishes the offence as a misdemeanor.
Section 157 prohibits any male person from having sexual relations with a female person who he knows is his granddaughter, daughter, sister, or mother regardless of whether consent was given. The offence is a felony punishable by imprisonment for five years, or for life if the female person is under the age of 18. Furthermore, an attempt of the offence is punishable as a misdemeanor. Upon conviction, courts also have the power to divest a male offender of any authority over a female under the age of 18 against whom the crime was perpetrated.
Public and private sexual acts between members of the same sex, including attempts to procure such acts are prohibited by sections 137A and 156. Such acts are punishable by five years of imprisonment and in the case of males, specifically constitute a felony. Section 153 criminalizes “carnal knowledge” against the order of nature – a colonial era prohibition understood to ban homosexuality and sodomy – as a felony punishable by up to 14 years of imprisonment.
Section 149 prohibits any person from using unlawful means to try to cause a miscarriage in a woman, regardless of whether that person is in fact pregnant, and make the offence punishable by 14 years of imprisonment. Section 150 prohibits pregnant women from using unlawful means or permitting unlawful means to be administered to try to cause a miscarriage. A violation of this section is a felony punishable by seven years of imprisonment.
