Criminal Offenses Act of 2025, The Gambia

The Criminal Code of The Gambia was originally enacted in 1933 during the colonial era and was later consolidated as Cap.10:01. Cap.10:01 was modernized under the Criminal Offenses Act of 2025. Many gender-related offenses are found under Part XVI Offenses Against Morality, where most laws regarding exploitation, sex work, brothels, the age of consent (which is 18 years of age), sodomy/same sex relations, abortion, and incest are located. Under the Criminal Offenses Act, abortion is criminalized under Sections 118-120 of this updated Act (Section 140 of the previous Code). Abortion is permitted when it is necessary to save the life of the pregnant person. Part (2) of Section 120 also provides exceptions for rape, incest, fetal viability, and serious abnormalities. Section 163 states that a child is deemed a "person" and in capable of being "killed" when "proceeded in a living state from the body of the mother" whether or not it is breathing or has a heartbeat. Sex acts "against the order of nature" and same-sex relations are unlawful under Section 122-124.

Although the Code does not contain a specific offense for acid attacks, these acts are prosecuted under the general provisions on assault and grievous bodily harm. Violence relating to marital disputes is prosecuted under the general criminal law provision on assault or under the Domestic Violence Act, 2013. Unlawful and fraudulent marriages are covered under Part XVII - Offenses Relating to Marriage and Domestic Obligations (Sections 130-136). Infanticide is outlawed under Part XX.

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  • 2025

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