1 CONSOLIDATED TO 1 DECEMBER 2014  
LAWS OF SEYCHELLES  
CHAPTER 158  
THE PENAL CODE  
[1st February 1955]  
Act 12 of 1952  
Act 10 of 155  
Act 4 of 1958  
Act 21 of 1960  
Act 7 of 1961  
Act 36 of 1961  
Act 30 of 1964  
Act 17 of 1965  
Act 1 of 1966  
Act 8 of 1966  
Act 30 of 1967  
Act 11 of 1969  
Act 7 of 1972  
S.I. 95 of 1975  
Act 2 of 1976  
S.I. 72 of 1976  
Act 23 of 1976  
Act 29 of 1976  
Act 23 of 1977  
Act 6 of 1978  
Act 21 of 1978  
Act 31 of 1979  
Act 4 of 1979  
Act 7 of 1979  
Act 31 of 1980  
Act 5 of 1981  
Act 24 of 1982  
S.I. 23 of 1987  
Act 16 of 1995  
Act 15 of 1996  
Act 10 of 2005  
Act 2 of 2010  
Act 20 of 2010  
Act 5 of 2012  
Act 7 of 2012  
______________________________  
ARRANGEMENT OF SECTI ONS  
THE PENAL CODE  
PART I – GENERAL PROVISIONS  
CHAPTER I - Preliminary  
Short title  
Saving of certain laws  
CHAPTER II - Interpretation   
 2 General rule of construction  
Definition of certain expressions and terms  
CHAPTER III - Territorial Application of this Code  
Extent of jurisdiction of courts  
Offence committed partly within and partly beyond the jurisdiction  
CHAPTER IV - General Rules as to Criminal 
Responsibility  
Ignorance of law  
Bona fide claim of right  
Intention and motive  
Mistake of fact  
Presumption of sanity  
Insanity  
Intoxication  
Immature age  
Judicial officers  
Compulsion  
Defence of person  and property  
Use of force in effecting arrest  
Compulsion by husband  
Persons not to be twice criminally responsible for same offence  
CHAPTER V - Parties and Offences  
Principal offenders  
Joint offenders  
Counselling to commit an offence  
CHAPTER VI - Punishments  
Different kinds of punishment  
Imprisonment  
Minimum sentence  
Fines  
Forfeiture  
Compensation  
Compensation for owner deprived of property  
Costs  
Security for keeping the peace  
Repealed  
Certain provisions of Criminal Procedure Code to apply to recognisances under 
sections 32 and 33  
General Punishment  
Sentences cumulative, unless ot herwise ordered  
Escaped convicts to serve unexpired sentences when recaptured  
Repealed   
 3 PART II – CRIMES  
Division I – Offences Against Public Order  
CHAPTER VII - Treason and Other Offences against 
the Authority of the Republic  
Treason  
Concealment of treason  
Two witnesses necessary  
Limitations as to trials for treason  
Repealed  
Inciting to mutiny  
Aiding in acts of m utiny.  
Inducing desertion  
Aiding prisoner of war to escape  
Definition of overt act  
Definitions  
Power to prohibit importation of publication  
Offences in relation to importation of prohibited publications  
Delivery of prohibited publication to police station  
Power to examine suspected packages  
Seditious intention  
Seditious offences  
Legal proceedings  
Evidence  
Unlawful oath to commit capital offence  
Other unlawful oaths  
Defence of compulsion  
Unlawful drilling  
Publication of false news with intent to cause fear and alarm to the public  
Defamation of President  
CHAPTER VIII - Offences Affecting Relations with 
Foreign States and Ext ernal Tranquility  
Defamation of foreign princes  
Repealed  
Piracy  
CHAPTER IX - Unlawful Societies, Assemblies, 
Riots and other  Offences against Public Tranquility  
Definition of society and unlawful society  
Managing unlawful society  
Being member of unlawful society  
Prosecutions under sections 67 and 68  
Power of entry, arrest, search, etc.  
Declaration by President  
Forfeiture of insignia, et c. 
Definition of unlawful assembly and riot.  
Punishment of unlawful assembly   
 4 Punishment of riot  
Proclamation for rioters or assembly to disperse  
Dispersal of rioters or persons assembled after proclamation  
Calling on military forces  
Rioting or failure to disperse after proclamation  
Obstructing proclamation  
Rioters destroying buildings, etc.  
Injury to buildings by rioters  
Riotously preventing  sailing of ship  
Possession of fire -arms, etc.  
Forcible entry  
Forcible detainer  
Affray  
Challenge to a duel  
Threatening violence, etc.  
Incitement to violence and disobedience of the law  
Assembling to smuggle  
Division II – Offences against the Administration of 
Lawful Authority  
CHAPTER X - Corruption and the Abuse of Office  
Official corruption  
Extortion by public offi cers 
Receipt of property for favours  
Officers with special duties to property  
False claims by officials  
Abuse of authority o f office  
False certificates by public officers  
Unauthorised administration of oaths  
False assumption of authority  
Personating public officers  
Threat of injury to persons employed in public services  
CHAPTER XI - Offences Relating to the 
Administration of Justice  
Perjury and subornation of perjury  
False statement by interpreters  
Punishment of perjury and subornation  
Evidence on charge of perjury  
Contradictory statements  
Fabricating evidence  
False swearing  
Deceiving witnesses  
Destroying evidence.  
Conspiracy to defeat justice and interference with witnesses  
Compounding felonies  
Compounding penal actions  
Misprision of felony  
Advertisements for stolen property   
 5 Offences relating to judicial proceedings  
Sanction of Attorney General  
CHAPTER XII - Rescue s, Escapes and Obstructing 
Officers of Court of Law  
Rescue  
Escape  
Aiding prisoners to escape  
Taking property under lawful se izure  
Obstructing court officers  
CHAPTER XIII - Miscellaneous Offences Against 
Public Authority  
Frauds by public officers  
Neglect of duty by public officers  
False information to person employed in the public service  
False reports causing wasteful employment of police  
Disobedience of statutory duty  
Disobedience of lawful order  
Division III – Offences Injuries to the Public in 
General  
CHAPTER XIV - Offences Relating to Religion  
Insult to religion of any class  
Disturbing religious assemblies  
Trespassing on burial places, etc.  
Writing or uttering words w ith intent to wound religious feelings  
Hindering burial of dead body, etc.  
CHAPTER XV - Offences Against Morality  
Sexual assault  
Repealed  
Repealed  
Abduction  
Abduction of girls under eighteen years  
Abduction of girls under sixteen  
Sexual interference with a child  
Sexual interference with dependant  
Indecent Assault  
Procuration  
Procuring defilement by threats, etc  
Householder permitting defilement of girls under thirteen  
Detention of female in brothel and elsewhere  
Power to search  
Procuring for prostitution for purposes of gain  
Procuring for prostitution, etc., other than for purposes of gain   
 6 Repealed  
Conspiracy to defile  
Abortion  
Abortion by woman with child  
Drugs and instruments for abortion  
Medical termination of pregnancy  
Knowledge of age in offences against women  
Unnatural offences  
Incest  
Display of or traffic in indecent material  
Insulting the modesty of a person  
Soliciting  
Brothel  
Living on earning of prostitution  
Repealed  
Prohibited observation and recording of private act  
Prohibited observation and recording of private parts  
Possession of prohibited visual recording  
Distribution of prohibited visual recording  
Interpretation  
Immunity  
Repealed  
CHAPTER XVI - Offences Re lating to Marriage and 
Domestic Obligations  
Fraudulent pretence of marriage  
Bigamy  
Fraudulently going through ceremony of marriage  
Desertion of children  
Neglecting children  
Failure to provide for apprentice or servants  
Child stealing  
CHAPTER XVIA - Antisocial Behaviour Order  
Antisocial behaviour  
CHAPTER XVII - Nuisances and Offences Against 
Health and Convenience  
Common nuisance  
Gaming houses  
Search warrants  
Presumptions  
Lotteries  
Keeper of premis es defined  
Traffic in obscene publications  
Idle and disorderly persons  
Prohibition of consumption of alcoholic liquor  
Rogues  and vagabonds  
Wearing of uniform without authority   
 7 Negligent spreading of disease  
Adulteration of food  
Sale of adulterated food  
Adulteration of drugs  
Sale of adulterated drugs  
Fouling water  
Fouling air  
Carrying out  advice, etc., in matters of witchcraft  
Lighting fires, etc.  
CHAPTER XVIII - Defamation  
Definition of libel  
Definition of defamatory matter  
Publication  
Unlawful publication  
Absolute privilege  
Conditional privilege  
Good faith  
Presumptions as to good faith  
Division IV – Offences against the Person  
CHAPTER XIX - Murder and Manslaughter  
Manslaughter  
Murder  
Punishment of murder  
Punishment of manslaughter  
Malice aforethought  
Persons suffering from diminished responsibility  
Killing on provocation  
Provocation defined  
Causing death defined  
Child capable  of being killed  
Limitation as to time of death  
CHAPTER XX - Duties Relating to the Preservation 
of Life and Health  
Persons having charge  
Head of family  
Masters and mistresses  
Person doing dangerous act  
Person in charge of dangerous thing  
CHAPTER XXI - Offences Connected with Murder 
and Suicide  
Attempt to murder  
Attempt to murder by convict   
 8 Accessory after the fact to murder  
Written threat to murder  
Conspiracy to murder  
Complicity in another’s suicide  
Suicide pacts  
Infanticide  
Killing unborn child  
Concealment of birth  
CHAPTER XXII - Offences Endangering Life or 
Health  
Disabling with intent to commit crime  
Stupefying with intent  
Acts intended to cause grievous harm or to prevent arrests  
Preventing escape from wreck  
Grievous harm  
Placing explosive with intent  
Administering poison  
Unlawful wounding or poisoning  
Failure to supply necessaries  
Surgical operation  
Excess of force  
Consent  
CHAPTER XXIII - Criminal Recklessness and 
Negligence  
Reckless and negligent acts  
Other negligent acts causing harm  
Dealing in poisonous substances in negligent manner  
Exhibition of false lights, mark or buoy  
Unsafe or overloaded vessel  
Obstructing public way or navigation  
CHAPTER XXIV - Assaults  
Common assault  
Assaults occasioning actual bodily harm  
Assaults on persons protecting wrecks  
Assaults punishable with five years’ imprisonment  
CHAPTER XXV - Offences Against Liberty  
Definition of Kidnapping from Seychelles  
Kidnapping from lawful guardianship  
Abduction  
Punishment f or kidnapping  
Kidnapping or abducting with intent to murder  
Kidnapping with intent wrongfully to confine  
Kidnapping with intent to do harm, slavery, etc.  
Wrongfully concealing kidnapped person   
 9 Kidnapping child with intent to steal  
Punishment for wrongful confinement  
Buying or disp osing of a person as slave  
Slave dealing  
Forced labour  
Division V – Offences Relating to Property  
CHAPTER XXVI - Theft  
Things capable of being stolen  
Definition of theft  
Special cases  
Funds held on trust or under direction  
Funds received by agents for sale  
Money received for another  
Theft by owner  
Husband and wife  
General punishment for theft  
Stealing wills  
Stealing postal matter  
Stealing cattle  
Stealing from the person, in transit, etc . 
Stealing by public servants.  
Stealing by clerks or servants  
Stealing by directors or officers of companies  
Stealing by agents  
Stealing by tenants or lodgers  
Stealing after previous conviction  
CHAPTER XXVII - Offences Allied to Stealing  
Conceal ing registers  
Concealing wills  
Concealing title deeds  
Killing animal with intent to steal  
Severing with intent to steal  
Fraudulent disposal of mortgaged goods  
Fraudulent dealing with ores  
Fraudulent appropriation of power  
Unlawful use of vehicles, animals, etc.  
CHAPTER XXVIII - Robberty and Extortion  
Definition of robbery  
Punishment of robbery  
Attempted robbery  
Assault with intent to steal  
Demanding property by written threat  
Threatening to accuse of crime with intent to extort  
Procuring execution of deed by threats  
Demanding thing with threats with intent to steal   
 10 CHAPTER XXIX  - Burglary, Housebreaking and 
Similar Offences  
Definition of bre aking and entering  
Breaking and entering dwelling -houses, etc.  
Entering dwelling -house with intent  
Breaking into shop, etc., and committing felony  
Breaking into shop, etc., with intent  
Armed, etc., with intent to commit felony  
Criminal trespass  
Forfeiture of housebreaking instrume nts 
CHAPTER XXX  -False Pretences  
Definition of a false pretence  
Obtaining goods by false pretence  
Obtaining execution of security by false pretence  
Cheating  
Issuing cheque without provision  
Obtaining credit by false pretence  
Conspiracy to defrau d 
Frauds on sale or mortgage of property  
Pretending to deal in witchcraft and offences connected therewith  
Obtaining registration by false pretence  
False declaration for passport  
Possession of unauthorized weights, measures  
Possession of false weights  
Use of false instrumen t for weighing or false weight  
CHAPTER XXXI - Receiving Property Stolen or 
Unlawfully Obtained and Like Offences  
Receiving property stolen or unlawfully obtained  
Unlawful possession  
Tracing possession  
Receiving property dishonestly acquired outside Seychelles  
CHAPTER XXXII - Frauds by Trustees and Persons 
in a Po sition of Trust, and False Accounting  
Fraudulent conversion by trustees  
Misappropriation and fraud by directors, and officers of corporation, etc.  
Fraudulent  publications as to companies, etc.  
Fraudulent accounting by clerk  
Fraudulent accounting by public officer  
Division VI – Malicious Injuries to Property  
CHAPTER XXXIII - Offences Causing Injury to 
Property   
 11 Arson  
Attempts to commit arson  
Setting fire to crops, etc.  
Attempts to set fire to crops, etc.  
Casting away ships  
Attempts to cast ships  
Injuring animals  
Other malicious injuries; general and special punishments  
Attempted destruction by explosives  
Spreading infectious disease among animals  
Boundary marks – removal of 
Government boundary marks – damage to  
Threats to burn or destroy  
Division VII – Forgery, Coining and Counterfeiting  
CHAPT ER XXXIV - Definitions  
Definition of forgery  
Document  
Making a false document  
Intent to defraud  
CHAPTER XXXV - Punishments for Forgery  
General punishment for forgery  
Forgeries punishable by imprisonment for life  
Forgeries punishable by imprisonment  for ten years  
Forgeries punishable by imprisonment for seven years  
Uttering false documents  
Uttering cancelled or exhausted documents  
Procuring execution by false pretence  
Obliterating crossing on cheques  
Making documents without authority  
Demanding property on forged will  
Importing and purchasing forged bank notes  
Falsifying warrants for money  
Falsification of register  
False certificate of marria ge 
False statement for registration  
CHAPTER XXXVI - Offences Relating to Coin and 
to Bank and Currency Notes  
Definitions  
Counterfeiting coin  
Preparation for coining  
Making or having in possession paper or implements of forgery  
Clipping  
Melting d own of currency  
Impounding and destruction of counterfeit coin  
Possession of clippings   
 12 Uttering counterfeit coin  
Repeated uttering  
Uttering metal or coin not current as coin  
Selling articles bearing designs in imitation of currency  
Exporting counterfeit coin  
Forfeiture or counterfeit coin, etc.  
Possession of die for purpose of making stamps  
Possession of paper for making stamps  
CHAPTER XXXVII - Perso nation  
General penalty for personation  
Falsely making acknowledgment  
Personation of person named in certificate  
Lending cert ificate for personation  
Personating person named in a testimonial  
Lending testimonial  
CHAPTER XXXVIII - Secret Commissions and 
Corrupt Practices  
Interpretation  
Corrupt practices  
Secret commission on Government contracts  
Presumption as to corrupt practices  
Consent of Attorney General to prosecution  
Division VIII – Attempts and Conspiracies to 
Commit Crimes, and Accessories after the Fact  
CHAPTER XXXIX - Attempts  
Attempt defined  
Soliciting or inciting others to commit offence  
General punishment for attempts  
Punishment for attempts to c ommit certain felonies  
Neglect to prevent commission of a felony  
CHAPTER XL - Conspiracies  
Conspiracy to commit felony  
Consp iracy to commit misdeameanours  
Other conspiracies  
CHAPTER XLI - Accessories After the Fact  
Definition  
Punishment of accessor ies to felonies  
Punishment of accessories to misdemeanours  
SUBSIDIARY LEGISLATION: SECTION 183:  
 13 DRUMS REGULATIONS  
SUBSIDIARY LEGISLATION: THE 
LOUDSPEAKERS (RESTRICTION OF USE) 
REGULATIONS  
SUBSIDIARY LEGISLATION: POSSESSION OF 
CATAPULT PROHIBITED IN LA DIGUE ISLAND  
SUBSIDIARY LEGISLATION: THE 
AMPLIFICATION OF SOUND AND PLAYING OF 
MUSIC (CONTROL ) REGULATION  
______________________________  
PART I – GENERAL PROVISIONS  
CHAPTER I  - Preliminary  
Short title  
1. This Act may be cited as The Penal Code and hereinafter is referred to as “this 
Code”.  
Note: There is no section 2 in the last official (1991)  edition of this Cap.  
Saving of certain laws  
3. Nothing in this Code shall affect - 
i. the liability, trial or punishment of a person for an offence against 
any law in force in Seychelles other than this Code; or  
ii. the liability of a person to be tried or  punished for an offence 
under the provisions of any law in force in Seychelles relating to the 
jurisdiction of the courts of Seychelles in respect of acts done beyond 
the ordinary jurisdiction of such courts; or  
iii. the power of any court to punish for c ontempt of such court; or  
iv. the liability or trial of a person, or the punishment of a person 
under any sentence passed or to be passed, in respect of any act done 
or commenced before the commencement of this Code; or  
v. any power of the President to gra nt any pardon or to remit or 
commute in whole or in part or to respite the execution of any 
sentence passed or to be passed:  
 Provided that if a person does an act which is punishable under this Code 
and is also punishable under another Act or statute of a ny of the kinds mentioned in 
this section, he shall not be punished for that act both under that Act or statute and  
 14 also under this Code.  
CHAPTER II  - Interpretation  
General rule of construction  
4. This Code shall be interpreted in accordance with the principled of legal 
interpretation obtaining in England, and expressions used in it shall be presumed, so 
far as is consistent with their context, and except as may be otherwise expressly 
provided, to be used with the meaning attaching to them in English c riminal law and 
shall be construed in accordance therewith.  
Definition of certain expressions and terms  
5. In this Code, unless the context otherwise requires - 
“Act” includes any orders or rules or regulations made under the authority of 
any Act;  
“court” m eans a court of competent jurisdiction;  
“dangerous harm” means harm endangering life;  
“dwelling -house” includes any building or structure or part of a building or 
structure which is for the time being kept by the owner or occupier for the 
residence therein  of himself, his family or servants or any of them, an it is 
immaterial that it is from time to time uninhabited; a building or structure 
adjacent to or occupied with a dwelling -house is deemed to be part of the 
dwelling -house if there is a communication b etween such building or 
structure and the dwelling -house, either immediate or by means of a covered 
and enclosed passage leading from the one to the other, but not otherwise;  
“felony” means an offence which is declared by law to be a felony or, if not 
declared to be a misdemeanour, is punishable, without proof of previous 
conviction, with imprisonment for three years or more;  
“grievous harm” means any harm which amounts to a maim or dangerous 
harm, or seriously or permanently injuries health or which is lik ely so to 
injure health, or which extends to permanent disfigurement or to any 
permanent or serious injury to any external or internal organ, membrane or 
sense;  
“harm” means any bodily hurt, disease or disorder whether permanent or 
temporary;  
“judicial pro ceeding” includes any proceeding had or taken in or before any 
court, tribunal, commission of inquiry or person, in which evidence may be 
taken on oath;  
“knowingly” used in connection with any term denoting uttering or using, 
implies knowledge of the chara cter of the thing uttered or used;   
 15 “local authority” means a local authority established under any Act;  
“maim” means the destruction or permanent disabling of any external or 
internal organ, membrane or sense;  
“misdemeanour” means any offence which is not a felony;  
“money” includes bank notes, bank drafts, cheques and any other orders, 
warrants or requests for the payment of money;  
“night” or “night -time” means the interval between seven o’clock in the 
evening and half -past five o’clock in the morning;  
“oath” includes affirmation or declaration;  
“offence” is an act, attempt or omission punishable by law;  
“person” and “owner” and other like term when used with reference to 
property includes corporations of all kinds and any other association of 
persons capabl e of owning property, and also when so used includes the 
Republic or any person on behalf of the Republic;  
“person employed in the public service” means any person holding any of the 
following offices or performing the duty thereof whether as a deputy or 
otherwise, namely: - 
(a) any Civil Office the power of appointing a person to which is 
vested in the President or in any public commission or broad; or  
(b) any office to which a person is appointed or nominated by Act or 
statute or by election; or  
(c) any ci vil office, the power of appointing to which or removing 
from which is vested in any person or persons holding an office of 
any kind included in either of the two last preceding paragraphs of 
this section; or  
(d) any office of arbitrator or umpire in any p roceeding or matter 
submitted to arbitration by order or with the sanction of any court, or 
in pursuance of any Act;  
and the said term further includes - 
(i) a Justice of the Peace;  
(ii) a member of a commission of inquiry appointed under or 
in pursuance of  any Act;  
(iii) any person employed to execute any process of a court;  
(iv) all persons belonging to the Defence Force;   
 16 (v) all persons in the employment of any government 
department;  
(vi) a person acting as a minister of religion of whatsoever 
denominatio n in so far as he performs functions in respect of 
the notification of intending marriage or in the making or 
keeping of any register or certificate of marriage, birth, 
baptism, death or burial, but not in any other respect;  
(vii) a person in the employ of  a local authority;  
“possession”, be in possession of” or “have in possession” (a) includes not 
only having in one’s own personal possession, but also knowingly having 
anything in the actual possession or custody of any other person, or having 
anything in any place (whether belonging to, or occupied by oneself or not) 
for the use or benefit of oneself or of any other person; (b) if there are two or 
more persons and any one or more of them with the knowledge and consent 
of the rest has or have anything in hi s or their custody or possession, it shall 
be deemed and taken to be in the custody or possession of each and all of 
them;  
“property” includes anything animate or inanimate capable of being the 
subject of ownership;  
“public” refers not only to all persons within Seychelles, but also to the 
person inhabiting or using any particular place, pr any number of such 
persons, and also to such indeterminate persons as may happen to be affected 
by the conduct in respect to which such expression is used;  
“public way” includes any highway, market place, square, street, bridge or 
other way which is lawfully used by the public;  
“public place” or “public premises” includes any public way and any 
building, place or conveyance to which, for the time being, the public are 
entitled or permitted to have access either without any condition or upon 
condition of making any payment, and any building or place which is for the 
time being used for any public or religious meeting or assembly or as an open 
court;  
“publicly” when applied to acts done means either (a) that they are so done in 
any public place as to be seen by any person whether such person be or be not 
in a public place,; or (b) that they are so done in any place not being a public 
place as to be likely to be seen by any pe rson in a public place;  
“statute” means an Act of Parliament and includes any orders, rules 
regulations, bye -laws or other subsidiary legislation made or passed under the 
authority of any statute;  
“utter” means and includes using or dealing with and attempting to use or 
deal with an attempting to induce any person to use, deal with or act upon the 
thing in question;   
 17 “valuable security” includes any document which is the property of any 
person, and which is evidence of the ownership of any property or of the right 
to recover or receive any property;  
“vessel” includes a ship, a boat and every other kind of vessel used in 
navigation on the sea and includes aircraft;  
“wound” means any incision or puncture which divides or pierces any 
exterior membrane of t he body, and any membranes is exterior for the 
purpose of this definition which can be touched without dividing or piercing 
any other membrane.  
CHAPTER III  - Territorial Application of this Code  
Extent of jurisdiction of courts  
6. The jurisdiction of the c ourts of Seychelles for the purpose of this Code extends to 
every place within Seychelles and any place over which the Republic has jurisdiction.  
Offence committed partly within and partly beyond the jurisdiction  
7. When an act which, if wholly done within  the jurisdiction of the court, would be an 
offence against this Code, is done partly within and partly beyond the jurisdiction, 
every person who within the jurisdiction does or makes any part of such act may be 
tried and punished under this Code in the sa me manner as if such act had been done 
wholly within the jurisdiction.  
CHAPTER IV  - General Rules as to Criminal Responsibility  
Ignorance of law  
8. Ignorance of the law does not afford any excuse for any act or omission which 
would otherwise constitute an offence unless knowledge of the law by the offender is 
expressly declared to be an element of the offence.  
Bona fide claim of right  
9. A person is not criminally responsible in respect of an offence relating to property, 
if the act done or omitted to be do ne by him with respect to the property was done in 
the exercise of an honest claim of right and without intention to defraud.  
Intention and motive  
10. Subject to the express provisions of this Code relating to negligent acts and 
omissions, a person is not criminally responsible for an act or omission which occurs 
independently of the exercise of his will, or for an event which occurs by accident.  
 Unless the intention to cause a particular result is expressly declared to be an 
element of the offence constit uted, in whole or part, by an act or omission, the result 
intended to be caused by an act or omission is immaterial.   
 18  Unless otherwise expressly declared, the motive by which a person is 
induced to do or omit to do an act, or to from an intention, is immat erial so far as 
regards criminal responsibility.  
Mistake of fact  
11. A person who does or omits to do an act under an honest and reasonable, but 
mistaken, belief in the existence of any state of things is not criminally responsible 
for the act omission to any greater extent than if the real state of things had been such 
as he believed to exist.  
 The operation of this rule may be excluded by the express or implied 
provisions of the law relating to the subject.  
Pres umption of sanity  
12. Every person is presumed to be of sound mind, and to have been of sound mind at 
any time which comes in question, until the contrary is proved.  
Insanity  
13. A person is not criminally responsible for an act or omission if at the time of 
doing the act or making the omissio n he is through any disease affecting his mind 
incapable of understanding what he is doing, or of knowing that he ought not to do 
the act or make the omission.  
 But a person may be criminally responsible for an act or omission, although 
his mind is affected by disease, if such disease does not in fact produce upon his mind 
one or other of the effects above mentioned in reference to that act or omission.  
Intoxication  
14. (1) Save as provided in this section, intoxication shall not constitute a defence  to 
any criminal charge.  
  (2) Intoxication shall be a defence to any criminal charge if by reason 
thereof the person cvharge4d at the time of the act or omission complained of did not 
know that such act or omission was wrong or did not know what he was do ing and - 
(a) the state of intoxication was caused without his consent by the 
malicious or negligent act of another person; or  
(b) the person charged was by reason of intoxication insane, 
temporarily or otherwise, at the time of such act or omission.  
  (3) Where the defence under subsection (2) is established, then in a case 
falling under paragraph (a) thereof the accused person shall be discharged, and in a 
case falling under paragraph (b) the provisions of section 13 shall apply.  
  (4) Intoxication shall b e taken into account for the purpose of determining 
whether the person charged had formed any intention,, specific or otherwise, in the  
 19 absence of which he would not be guilty of the offence.  
  (5) For the purposes of this section “intoxication” shall be d eemed to 
include a state produced by narcotics or drugs.  
Immature age  
15. A person under the age of seven years is not criminally responsible for any act or 
omission.  
 A person under the age of twelve years is not criminally responsible for an 
act or omiss ion, unless it is proved that at the time of doing the act or making the 
omission he had capacity to know that he ought not to do the act or make the 
omission.  
 A male person under the age of twelve years is presumed to be incapable of 
having carnal knowle dge. 
Judicial officers  
 16. Except as expressly provided by this Code, a judicial officer is not criminally 
responsible for anything done or omitted to be done by him in the exercise of his 
judicial functions, although the act done is in excess of his judi cial authority or 
although he is bound to do the act omitted to be done.  
Compulsion  
 17. A person is not criminally responsible for an offence if it is committed by two or 
more offenders, and if the act is done or omitted only because during the whole of t he 
time in which it is being done or omitted the person is compelled to do or omit to do 
the act by threats on the part of the other offender or offenders instantly to kill him or 
do him grievous bodily harm if he refuses; but threats of future injury do n ot excuse 
any offence.  
Defence of person and property  
 18. Subject to any express provisions in this Code or any other law in operation in 
Seychelles criminal responsibility for the use of force in the defence of person or 
property shall be determined acco rding to the principles of English common law.  
Use of force in effecting arrest  
 19. Where any person is charged with a criminal offence arising out of the lawful 
arrest, or attempted arrest, by him of a person who forcibly resists such arrest or 
attempts to evade being arrested, the court shall, in considering whether the means 
used were necessary, or the degree of force used was reasonable, for the apprehension 
of such person, have regard to the gravity of the offence which had been or was being 
committed  by such person and the circumstances in which such offence had been or 
was being committed by such person.   
 20 Compulsion by husband  
20. Repeal ed by Act 10/2005.  
Persons not to be twice criminally responsible for same offence  
21. A person cannot be twice crim inally responsible either under the provisions of 
this Code or under the provisions of any other law for the same act or omission, 
except in the case where the act or omission is such that by means thereof he causes 
the death of another person, in which ca se he may be convicted of the offence of 
which he is guilty by reason of causing such death, notwithstanding that he has 
already been convicted of some other offence constituted by the act or omission.  
CHAPTER V  - Parties and Offences  
Principal offenders  
22. When an offence is committed, each of the following person is deemed to have 
taken part in committing the offence and be guilty of the offence, and may be charged 
with actually committing it, that is to say - 
  (a) every person who actually does the act  or makes the omission 
which constitutes the offence;  
  (b) every person who does or omits to do any act for the purpose of 
enabling or aiding another person to commit the offence;  
  (c) every person who aids or abets another person in committing the 
offen ce; 
  (d) any person who counsels or procures any other person to 
commit the offence.  
  In the fourth case he may be charged with himself committing the offence or 
with counseling or procuring its commission.  
  A conviction of counseling or procuring the c ommission of an offence 
entails the same consequences in all respects as a conviction of committing the 
offence.  
  Any person who procures another to do or omit to do any act of such nature 
that, if he had himself done the act or made the omission, the act  or omission would 
have constituted an offence on his part, is guilty of an offence of the same kind, and is 
liable to the same punishment, as if he had himself done the act or made the omission, 
and he may be charged with himself doing the act or making t he omission.  
Joint offenders  
23. When two or more persons form a common intention to prosecute an unlawful 
purpose in conjunction with one another, and in the prosecution of such purpose an 
offence is committed of such a nature that its commission was a pr obable  
 21 consequence of the prosecution of such purpose, each of them is deemed to have 
committed the offence.  
Counselling to commit an offence  
24. When a person counsels another to commit an offence, and an offence is actually 
committed after such counsel b y the person to whom it is given, it is immaterial 
whether the offence actually committed is the same as that counseled or a different 
one, or whether the offence is committed in the way counseled or in a different way, 
provided in either case that the fac ts constituting the offence actually committed are a 
probable consequence of carrying out the counsel.  
  In either case the person who gave counsel is deemed to have counseled the 
other person to commit the offence actually committed by him.  
CHAPTER VI  - Punishments  
Different kinds of punishment  
 25. The following punishments may be inflicted by a court - 
(a) Repealed  
(b) Fine.  
(c) Payment of compensation.  
(d) Finding security to keep the peace and be of good behaviour.  
(e) Liability to police supervision.  
(f) Forfeiture.  
(g) Any other punishment provided by this Code or by any other law 
or Act.  
Imprisonment  
 26. (1) A person liable to imprisonment for life or any other period may be sentenced 
for any shorter term.  
  (2) A person liable to imprisonment may be  sentenced to pay a fine in 
addition to or instead of imprisonment.  
Minimum sentence  
27. (1) Notwithstanding Section 26 and any other written law and subject to 
subsection (2), a person who is convicted of an offence in Chapter XXVI, Chapter 
XXVIII or Chap ter XXIX shall -  
 22 (a) where the offence is punishable with imprisonment for 7 years or 
more but not more than 8 years and – 
(i) it is the first conviction of the person for such an offence, 
be sentenced to imprisonment for a period of not less than 5 
years; or 
(ii) the person had within 5 years prior to the date of the 
conviction, been convicted of the same or a similar offence, 
be sentenced to imprisonment for a period of not less than 10 
years.  
 (b) where the offence is punishable with imprisonment for more  than 
8 years but not more than 10 years and  - 
(i) it is the first conviction of the person for such an offence, 
be sentenced to imprisonment for a period of not less than 8 
years; or  
(ii)  the person had within 5 years prior to the date of 
conviction, be en convicted of the same or a similar offence, 
be sentenced to imprisonment for a period of not less than 12 
years.  
 (c) where the offence is punishable with imprisonment for more than 
10 years or with imprisonment for life and - 
(i) it is the first convic tion of the person for such an offence, 
be sentenced to imprisonment for a period of not less than 15 
years; or  
(ii) the person had, within five years prior to the date of the 
conviction, been convicted of the same or of a similar 
offence, be sentenced to imprisonment for not less than 25 
years.  
  (2) A court shall not impose the minimum mandatory sentence provided 
under section 27(1)(a)(i), 27(1)(b)(i) and 27(1)(c)(i) if the Court is satisfied that – 
(a) the person did not use or threaten violence or was n ot in 
possession of dangerous weapons or did not aid and abet the 
commission of the offence, and  
(b)  the offence did not result in the death of, or serious bodily injury 
to, another person,  
(c)  the offence did not consist in, include or involve stealing from 
another person,  
(d)  the offence did not consist in, include or involve breaking into or 
entering into a building, dwelling house, vessel or vehicle.   
 23   (3) For the purposes of subsection (1) “similar offence” means an offence 
falling within the same C hapter as the offence for which the person is being 
sentenced.  
  (4) An offence referred to in subsection (1) shall be deemed to be an 
“excepted offence” for the purposes of section 282 of the Criminal Procedure Code.  
Section 27 amended by Act 5 of 2012 wi th effect from 6 August 2012  
Fines  
 28. Where a fine is imposed under any law, then in the absence of express provisions 
relating to such fine in such law the following provisions shall apply: - 
(a) where no sum is expressed to which the fine may extend, th e 
amount of the fine which may be imposed is unlimited, but shall not 
be excessive;  
(b) in the case of an offence punishable with a fine or a term of 
imprisonment, the imposition of a fine or a term of imprisonment 
shall be a matter for the discretion of t he court;  
(c) in the case of an offence punishable with imprisonment as well as 
a fine in which the offender is sentenced to a fine with or without 
imprisonment and in every case of an offence punishable with fine 
only in which the offender is sentenced to  a fine, the court passing 
sentence may, in its discretion - 
(i) direct by its sentence that in default of payment of a fine 
the offender shall suffer imprisonment for a certain term, 
which imprisonment shall be in addition to any other 
imprisonment to which he may have been sentenced or to 
which he may be liable under a commutation of sentence; 
and also  
(ii) issue a warrant for the levy of the amount on the 
immovable and movable property of the offender by distress 
and sale under warrant:  
 Provided that  if the sentence directs that in default of payment of the 
fine the offender shall be imprisoned, and if such offender has 
undergone the whole of such imprisonment in default, no court shall 
issue a distress warrant unless for special reasons to be recorde d in 
writing it considers it necessary to do so.  
(d) The imprisonment which is imposed in default of payment of a 
fine shall terminate whenever the fine is either paid or levied by 
process of law.   
 24 Forfeiture  
29. When any person is convicted of an offence u nder any of the following sections, 
namely, sections 91, 92, 93, 11, 112 and 374, the court may, in addition to or in lieu 
of any penalty which may be imposed, order the forfeiture to the Republic of any 
property which has passed in connection with the com mission of the offence of, if 
such property cannot be forfeited or cannot be found, of such sum as the court shall 
assess as the value of the property; and any property or sum so forfeited shall be dealt 
with in such manner as the President may direct.  Pa yment of any sum so ordered to 
be forfeited may be enforced in the same manner and subject to the same incidents as 
in the case of the payment of a fine.  
Compensation  
30. Any person who is convicted of an offence may be adjudged to make 
compensation to any  person injured by his offence.  Any such compensation may be 
either in addition to or in substitution for any other punishment.  
Compensation for owner deprived of property  
30A.(1)  Notwithstanding section 30 and any other written law to the contrary, where  
a person is convicted of an offence under Chapter XXVI, Chapter XXVIII or Chapter 
XXIX the court shall, in addition to the sentence prescribed for the offence, order the 
person to compensate the owner or property who has been deprived of the property as 
a result of the commission of that offence.  
  (2) The court shall make a compensation order under this section when - 
(a) it is proved at the trial that the owner has not been able to recover 
the property of which the owner has been deprived; or  
(b) the unco ntroverted facts of the case as disclosed by the 
prosecution after the accused pleads guilty reveal that the owner has 
not been able to recover the property of which the owner has been 
deprived.  
  (3) The amount of compensation ordered to be paid under thi s section shall 
be not less than the market value of the property at the time the owner was deprived 
thereof and the burden of proving such value shall lie on the prosecution.  
  (4) Where the person ordered to pay compensation is sentenced to 
imprisonment the compensation order shall take effect at the expiry of the person’s 
term of imprisonment and release from prison.  
  (5) A compensation order shall specify the manner and from of the payment 
of compensation and may include, if need be, conditions of such  payment.  
  (6) If a person without reasonable cause fails to comply with a 
compensation order, the person commits an offence and is liable on conviction to 
imprisonment for a term not exceeding two years or to a fine not exceeding one 
hundred thousand rup ees.  
 25   (7) When a person is convicted of an offence under subsection (6), the court 
may, in addition to, or in lieu of, any penalty which may be imposed, order the 
forfeiture to the Republic of such property of the person as is equal in value to the 
amount  of compensation ordered by the court and the property so forfeited may be 
dealt with in such manner as the court may direct to give effect to the compensation 
order.  
  (8) The court may all the case on its own motion or upon the application of 
any party a ppearing at the trial at any time after imposing the sentence so as to make 
an appropriate order to give effect to, alter or modify a compensation order.  
Costs  
31. Subject to the limitations imposed by section 146 of the Criminal Procedure Code 
a court may  order any person convicted of an offence to pay the costs of and 
incidental to the prosecution or any part thereof.  
Security for keeping the peace  
32. A person convicted of an offence not punishable with imprisonment for life may, 
instead of, or in additi on to, any punishment to which he is liable, be ordered to enter 
into his own recognizance, with or without sureties, in such amount as the court 
thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed 
by the court, and may  be ordered to be imprisoned until such recognizance, with 
sureties if so directed, is entered into; but so that the imprisonment for not entering 
into the recognizance shall not extend for a term longer than one year, and shall not, 
together with the fixe d term of imprisonment if any, extend for a term longer than the 
longest term for which he might be sentenced to be imprisoned without fine.  
Repealed  
33. (Repealed by the Probation of Offenders Act).  
Certain provisions of Criminal Procedure Code to apply t o recognisances under 
sections 32 and 33  
34. The provisions of sections 105, 106 and 108, of the Criminal Procedure Code 
shall apply mutatis mutandis to recognisances taken under section 32 of this Code.  
General Punishment  
35. When in this Code no punishment is especially provided for any misdemeanour, it 
shall be punishable with imprisonment for a term not exceeding two years or with a 
fine or with both.  
Sentences cumulative, unless otherwise ordered  
36. Where a person after conviction for an offen ce is convicted of another offence, 
either before sentence is passed upon him under the first conviction or before the 
expiration of that sentence, any sentence, which is passed upon him under the 
subsequent conviction, shall be executed after the expirati on of the former sentence,  
 26 unless the court directs that it shall be executed concurrently with the former sentence 
or of any part thereof:  
 Provided that it shall not be lawful for a court to direct that a sentence under 
Chapter XXVI, Chapter XXVIII or Ch apter XXIX be executed  or made to run 
concurrently with one another or that a sentence of imprisonment in default of a fine 
be executed concurrently with the former sentence under section 28(c)(i) of this 
Code, or any part thereof.  
Escaped convicts to ser ve unexpired sentences when recaptured  
37. When sentence is passed under this Code on an escaped convict, such sentence - 
(a) if a fine shall, subject to the provisions of this Code, take effect 
immediately;  
(b) if of imprisonment, shall run consecutively o r concurrently, as the 
court shall order, with the unexpired portion of the sentence which 
the convict was undergoing when he escaped.  
Repealed  
38. (Repealed by the Probation of Offenders Act).  
PART II – CRIMES  
Division I – Offences Against Public Order  
CHAPTER VII  - Treason and Other Offences against the Authority of the Republic  
Treason  
39. (1) A person who - 
(a) levies war, or does any act preparatory to levying war, against 
Seychelles;  
(b) assists by any means whatever, with intent to assists, an enemy - 
(i) at war with Seychelles, whether or not a state of war has 
been declared; and  
(ii) specified by Proclamation made by the President for the 
purposes of this paragraph, to be an enemy at war with 
Seychelles;  
(c) instigates any foreigner to make an armed  invasion of Seychelles; 
or 
(d) forms an intention to do any act referred to in a preceding  
 27 paragraph and manifests that intention by an overt act,  
is guilty of treason and liable on conviction to imprisonment for life.  
  (2) On the trial of a person charg ed with treason on the ground that he 
formed an intention to do an act referred to in paragraph (a), (b) or (c) of subsection 
(1) and manifested that intention by an overt act, evidence of the overt act shall not be 
admitted unless the overt act was allege d in the indictment.  
  (3) A person ho is not a citizen of Seychelles shall not be punishable under 
this section for anything done outside Seychelles, but a citizen of Seychelles may be 
tried for an offence under this section as if it had been committed within the 
jurisdiction of the court.  
Concealment of treason  
40. A person who - 
(a) receives or assists another person who is, to his knowledge, guilty 
of treason in order to enable him to escape punishment; or  
(b) knowing that a person intends to commit tr eason, does not give 
information thereof with all reasonable dispatch to the President, or a 
member of the Council of Ministers or a police officer or use other 
reasonable endeavours to prevent the commission of the offence,  
is guilty of the felony of misp rision of treason and liable on conviction to 
imprisonment for life.  
Two witnesses necessary  
 41. A person shall not be convicted (except on his own plea of guilty) of an offence 
under section 39 or 40 upon the uncorroborated testimony of one witness.  
Limi tations as to trials for treason  
 42. A prosecution for an offence under section 39 or 40 shall be commenced not later 
than two years after the commission of the offence.  
Repealed  
 43. (Repealed by Act 29 of 1976.)  
Inciting to mutiny  
 44. Any person who ad visedly attempts to effect any of the following purposes, that 
is to say  
(a) to seduce any person serving in the Defence Force or any member 
of the police force from his duty; or   
 28 (b) to incite any such persons to commit an act of mutiny or any 
traitorous o r mutinous act; or  
(c) to incite any such persons to make or endeavour to make a 
mutinous assembly,  
is guilty of a felony, and is liable to imprisonment for life.  
Aiding in acts of mutiny.  
 45. Any person who - 
(a) aids, abets, or is accessory to, any act of mutiny by; or  
(b) incites to sedition or to disobedience to any lawful order given by  
a superior officer,  any non -commissioned officer or private of the Defence 
Force or any police officer, is guilty of a misdemeanour.  
Inducing desertion  
 46. Any person  who, by any means whatever, directly or indirectly - 
(a) procures or persuades or attempts to procure or persuade to 
desert; or  
(b) aids, abets, or is accessory to the desertion of; or  
(c) having reason to believe he is a deserter, harbours or aids in 
concealing,  
any non -commissioned officer or private of the Defence Force or any police 
officer, is guilty of a misdemeanour, and is liable to imprisonment for six months.  
Aiding prisoner of war to escape  
 47. Any person who - 
(a) knowingly and advisedly aid s an alien enemy of the Republic, 
being a prisoner of war in Seychelles, whether such prisoner is 
confined in a prison or elsewhere or is suffered to be at large on his 
parole, to escape from his prison or place of confinement, or if he is 
at large on his parole, to escape from Seychelles, is guilty of a felony, 
and is liable to imprisonment for life;  
(b) negligently and unlawfully permits to escape of any such person 
as is mentioned in the last preceding paragraph, is guilty of a 
misdemeanour.   
 29 Definition o f overt act  
 48. In the case of any of the offences defined in this chapter, when the manifestation 
by an overt act of an intention to effect any purpose is an element of the element of 
the offence, every act of conspiring with any person to effect that pu rpose and every 
act done in furtherance of the purpose by any of the persons conspiring, is deemed to 
be an overt act manifesting the intention.  
Definitions  
 49. For the purposes of the eight next following sections of this Code - 
“import” includes - 
(a) to bring into Seychelles; and  
(b) to bring within the territorial waters of Seychelles whether or not 
the publication is brought ashore, and whether or not there is an 
intention to bring the same ashore.  
“publication” includes all written or printed matter an d everything, whether 
of a nature similar to written or printed matter or not, containing any visible 
representation, or by its form, shape, or in any manner capable of suggesting 
words or ideas, and every copy and reproduction of any publication;  
“periodi cal publication” includes every publication issued periodically or in 
parts or numbers at intervals whether regular or irregular;  
“seditious publication” means a publication having a seditious intention;  
“seditious words” means words having a seditious int ention;  
“the public interest” means the interests of defence, public safety, public 
order, public morality or public health.  
Power to prohibit importation of publicatio n 
 50. (1) If the President is of the opinion that there is in any publication or series  or 
publications published outside Seychelles by any person or association of persons 
matter which is contrary to the public interest, he may, in his absolute discretion, by 
order published in the Gazette, declare that that particular publication or series  of 
publications, or all publications published by that person or association of persons, 
shall be a prohibited publication or prohibited publications, as the case may be.  
  (2) If an order made under the provisions of subsection (1) specified by 
name a pu blication which is a periodical publication, such order shall, unless a 
contrary intention be expressed therein, have effect - 
(a) with respect to all subsequent issues of such publication; and  
(b) not only with respect to any publication under that name, b ut also  
 30 with respect to any publication published under any other name if the 
publishing thereof is in any respect a continuation of, or in 
substitution for, the publishing of the publication named in the order.  
  (3) If an order made under the provisions of subsection (1) declares that all 
publications published by a specified person or association of persons shall be 
prohibited publications, such order shall, unless a contrary intention be expressed 
therein, have effect not only with respect to all public ations published by that person 
or association of persons before the date of the order but also with respect to all 
publications so published on or after such date.  
  (4) An order made under the provisions of subsection (1) shall, unless a 
contrary intenti on is expressed therein, apply to any translation into any language 
whatsoever of the publications specified in the order.  
  (5) Where an order has been made under subsection (1) declaring any series 
of publications or all publications published by any person or association of persons 
to be prohibited publications or specifying by name a publication which is a 
periodical publication, any person who wishes to import into Seychelles any 
particular publication in that series or published by that person or a ssociation or being 
a publication with respect to which the order is required by subsections (2) and (3) to 
have effect, may apply in writing to the Secretary to the Council of Ministers for a 
permit in that behalf, and, unless the Secretary to the Council  of Ministers is satisfied 
that the publication contains matter which us contrary to the public interest, he shall 
grant such a permit and the order shall thereupon cease to have effect with respect to 
that publication.  
  (6) Any person whose application to the Secretary to the Council of 
Ministers under subsection (5) of this section has been refused may appeal against 
such refusal to the President whose decision thereon shall be final.  
Offences in relation to importation of prohibited publications  
 51. (1) Any person who imports, publishes, sells, offers for sale, distributes or 
reproduces any publication, the importation of which has been prohibited under 
section 50, or any extract therefrom, shall be guilty of an offence and liable for a first 
offence t o imprisonment for two years or to a fine not exceeding Rs.1.500, or to both 
such imprisonment and fine, and for a subsequent offence to imprisonment for three 
years; and such publication or extract therefrom shall be forfeited to the Republic.  
  (2) Any p erson who without lawful excuse has in his possession any 
publication the importation of which has been prohibited under section 50, or any 
extract therefrom, shall be guilty of an offence and liable for a first offence to 
imprisonment for one year or to a  fine not exceeding Rs500 or to both such 
imprisonment and fine, and for a subsequent offence to imprisonment for two years: 
and such publication to extract therefrom shall be forfeited to the Republic.  
Delivery of prohibited publication to police station  
 52. (1) Any person to whom any publication the importation of which has been 
prohibited under section 50, or any extract therefrom, is sent without his knowledge  
 31 or privity or in response to a request made before the prohibition of the importation of 
such publication came into effect, or who has such a publication or extract therefrom 
in his possession at the time when the prohibition of its importation comes into effect, 
shall forthwith if or as soon as the nature of its contents have become known to him,  
or in the case of a publication or extract therefrom coming into the possession of such 
person before an order prohibiting its importation has been made, forthwith upon the 
coming into effect of an order prohibiting the importation of such publication, de liver 
such publication or extract therefrom to the officer in charge of the nearest police 
station, and in default thereof shall be guilty of an offence and liable to imprisonment 
for one year or to a fine not exceeding Rs.500 or to both such imprisonment and fine; 
and such publication or extract therefrom shall be forfeited to the Republic.  
  (2) Any person who complies with the provisions of subsection (1), or is 
convicted of an offence under that subsection, shall not be liable to be convicted for 
having  imported or having in his possession the same publication or extract 
therefrom.  
Power to examine suspected packages  
 53. (1) Any of the following officers, that is to say - 
(a) the Chief Postmaster;  
(b) the Collector of Customs;  
(c) any police officer not below the rank of Assistant Superintendent;  
(d) any other officer authorised in that behalf by the President,  
may detain, open and examine any package or article which he suspects to 
contain any publication or extract therefrom which it is an offence under  the 
provisions of section 51 to import, publish, sell, offer for sale, distribute, reproduce or 
possess, and during such examination may detain any person importing, distributing 
or posting such package or article or in whose possession such package or ar ticle is 
found.  
  (2) If any such publication or extract therefrom is found in such package or 
article, the whole package or article may be impounded and retained by the officer 
and the person importing, distributing or posting it, or in whose possession i t is found, 
may forthwith be arrested and proceeded against for the commission of an offence 
under section 51 or section 52, as the case may be.  
Seditious intention  
 54. (1) An intention to effect any of the following purposes, that is to say - 
(a) to bring  the President into hatred or contempt;  
(b) to excite disaffection against the Government, the Constitution or 
the National Assembly;   
 32 (c) to excite the people of Seychelles to attempt to procure the 
alteration, otherwise than by lawful means, of any matter  in 
Seychelles established by law;  
(d) to bring into hatred or contempt or to excite disaffection against 
the administration of justice in Seychelles;  
(e) to raise discontent or disaffection amongst the people of 
Seychelles;  
(f) to promote feelings of ill -will and hostility between different 
sections of the population of Seychelles,  
is a seditious intention.  
  (2) An intention - 
(a) to endeavour in good faith to show that the persons responsible 
for the Government have been or are mistaken in any of their 
counsels, policies or actions;  
(b) to point out in good faith errors or defects in the Government, the 
Constitution, the National Assembly or the administration of Justice 
with a view to the reformation of those errors or defects;  
(c) to excite in goods faith another person to attempt to procure by 
lawful means the alteration of any matter established by law in 
Seychelles;  
(d) to pint out in good faith, in order to bring about their removal, any 
matters that are producing, or have a tendency to produce, f eelings of 
ill-will or hostility between different classes of persons,  
is not a seditious intention.  
  (3) In determining whether an intention to affect any purpose is a seditious 
intention, every person shall be deemed to intend the consequences which wou ld 
naturally follow from effecting that purpose.  
Seditious offences  
 55. (1) Any person who - 
(a) does or attempts to do, or makes any preparation to do any act 
with a seditious intention;  
(b) utters any seditious words;  
(c) prints, publishes, sells, offers  for sale, distributes or reproduces 
any seditious publication;   
 33 (d) imports any seditious publication, unless he has no reason to 
believe that it is seditious,  
shall be guilty of an offence and liable for a first offence to imprisonment for 
two years or to  a fine not exceeding Rs.1000 or to both such imprisonment and fine, 
and for a subsequent offence to imprisonment for three years, and any seditious 
publication shall be forfeited to the Republic.  
  (2) Any person who without lawful excuse has in his posse ssion any 
seditious publication shall be guilty of an offence and liable for a first offence to 
imprisonment for one year or to a fine not exceeding Rs.500 or to both such 
imprisonment and fine, and for a subsequent offence to imprisonment for two years; 
and such publication shall be forfeited to the Republic.  
  (3) It shall be a defence to a charge under subsection (2) that, if the person 
charged did not know that the publication was seditious when it came into his 
possession, he did, as soon as the nature  of the publication became known to him, 
deliver the publication to the officer in charge of the nearest police station.  
  (4) Any printing machine which has been, or is reasonably suspected of 
being, used for or in connexion with the printing or reproduci ng of a seditious 
publication may be seized or otherwise secured by a police officer pending the trial 
and conviction or discharge or acquittal of any person accused of printing or 
reproducing any seditious publication; and, when any person is convicted of  printing 
or reproducing a seditious publication, the court may, in addition to any other penalty 
which it may impose, order that the printing machine on which the publication was 
printed or reproduced shall e either confiscated for a period not exceeding three years, 
or be forfeited, and may make such order whether or not the person convicted is, or 
was at the time when the publication was printed or reproduced, the owner of the 
printing machine; a printing machine forfeited under this subsection shall be disposed 
of as the President shall direct.  
  (5) When a proprietor, publisher, printer or editor of a newspaper, as defined 
in the Newspaper Act is convicted of printing or publishing a seditious publication in 
a newspaper, the court may, in addition to an y other punishment it may impose, and 
whether or not it has made an order under subsection (4), make an order prohibiting 
any further publication of the newspaper for a period not exceeding three years.  
  (6) The court may, at any time, on the application of the Attorney General 
and on taking such security, if any, for good behaviour as the court may see fit to 
order, revoke any order made by it forfeiting or confiscating a printing machine or 
prohibiting further publication of a newspaper.  
  (7) A court be fore ordering the forfeiture or confiscation of a printing 
machine under this section shall be satisfied that the printing machine was the 
printing machine upon or by which the seditious publication was printed or 
reproduced.  
  (8) In any case in which a p rinting machine has been secured or confiscated 
under this section the Commissioner of Police may, in his discretion, cause -  
 34 (a) the printing machine or any part of it to be removed; or  
(b) any part of the machine to be sealed so as to prevent its use:  
 Provided that the owner of the printing machine or his agents shall be 
entitled to reasonable access to it keep it in working order.  
  (9) The Commissioner of Police or any police officer acting in pursuance of 
the powers conferred by this section shall not be liable for any damage caused to a 
printing machine, whether by neglect or otherwise, not being damage willfully caused 
to the machine.  
  (10) Any person who uses or attempts to use a printing machine confiscated 
under subsection (4) is guilty of an offe nce and is liable to imprisonment for a term 
not exceeding three years.  
  (11) Any person who prints or publishes a newspaper in contravention of an 
order made under subsection (5) is guilty of an offence and is liable to imprisonment 
for a term not exceed ing three years.  
  (12) In this section, “printing machine” includes a printing press, copying 
press, type -setting machine, photographic, duplicating or engraving apparatus, or 
other machine or apparatus used for or in connexion with printing or reproducin g 
publications and the type, appurtenances and equipment thereof.  
Legal proceedings  
 56. (1) No prosecution for an offence under section 55 of this Code shall be begun 
except within six months after the offence is committed:  
 Provided that, where a person leaves Seychelles within six months of committing 
such offence, the prosecution for such offence may be begun within the six months 
from the date that such person returns to Seychelles after leaving it.  
  (2) A person shall not be prosecuted for an offence  under section 55 of the 
Code without the written consent of the Attorney General.  
Evidence  
 57. No person shall be convicted of an offence under section 55 of this code on the 
uncorroborated testimony of one witness.  
Unlawful oath to commit capital offenc e 
 58. Any person who - 
(a) administers, or is present at and consents to the administering of, 
any oath or engagement in the nature of an oath, purporting to bind 
the person who takes it, to commit any offence punishable with 
imprisonment for life; or   
 35 (b) takes any such oath or engagement, not being compelled to do so,  
is guilty of a felony, and is liable to imprisonment for life.  
Other unlawful oaths  
 59. Any person who - 
(a) administers, or is present at and consents to the administering of, 
any oath or en gagement in the nature of an oath, purporting to bind 
the person who takes it to act in any of the ways following, that is to 
say- 
(i) to engage in any mutinous or seditious enterprise;  
(ii) to commit any felony;  
(iii) to disturb the public peace;  
(iv) to be member of any association, society or confederacy 
formed for the purpose of doing any such act as aforesaid;  
(v) to obey the orders or commands of any committee or 
body of men not lawfully constituted, or of any leader or 
commander or other person not h aving authority by law for 
that purpose;  
(vi) not to inform or give evidence against any associate, 
confederate or other person;  
(vii) not to reveal or discover any unlawful association, 
society or confederacy, or any illegal act done or to be done, 
or any  illegal oath or engagement that may have been 
administered or tendered to or taken by himself or any other 
person, or the import of any such oath or engagement, or  
(b) takes any such oath or engagement, not being compelled to do so,  
is guilty of a felony,  and is liable to imprisonment for seven years.  
Defence of compulsion  
 60. A person who takes any such oath or engagement as is mentioned ins sections 58 
and 59 cannot set up as a defence that he was compelled to do so, unless within 
fourteen days after ta king it, or, if he is prevented by actual force or sickness, within 
fourteen days after the termination of such prevention, he declares by information an 
oath before a magistrate, or, if he is on actual service in the Defence Force, or in the 
police force,  either by such information or by information to his commanding officer, 
the whole of what he knows concerning the matter, including the person or persons 
by whom and in whose presence, and the place where, and the time when, the oath or 
engagement was adm inistered or taken.   
 36 Unlawful drilling  
 61. (1) Any person who - 
(a) without the permission of the President trains or drills any other 
person to the use of arms or the practice of military exercises, 
movements, or evolutions; or  
(b) is present at any meeting or assembly of persons, held without the 
permission of the President for the purpose of training or drilling any 
other persons to the use of arms or the practice of military exercises, 
movements or evolutions,  
is guilty of a felony, and is liable t o imprisonment for seven years.  
(2) Any person who, at any meeting or assembly held without the permission 
of the President is trained or drilled to the use of arms or the practice of military 
exercises, movements, or evolutions, or who is present at any s uch meeting or 
assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour.  
Publication of false news with intent to cause fear and alarm to the public  
 62. (1) Any person who publishes, whether orally or in writing or otherwise, any 
statement, rumour or report which is likely to cause fear and alarm to the public or to 
disturb the public peace, knowing or having reason to believe that such statement, 
rumour or report is false, shall be guilty of an offence and liable to imprisonme nt for 
3 years.  
  (2) Any person who with intent to bring the President into hatred, ridicule or 
contempt publishes any defamatory or insulting matte whether in writing, print, word 
of mouth or in any other manner shall be guilty of an offence and liable t o 
imprisonment for 3 years.  
Defamation of President  
 62A. Any person who with intent to bring the President into hatred, ridicule or 
contempt publishes any defamatory or insulting matte whether in writing, print, word 
of mouth or in any other manner shall be guilty of an offence and liable to 
imprisonment for 3 years.  
CHAPTER VIII  - Offences Affecting Relations with Foreign States and External 
Tranquility  
Defamation of foreign princes  
 63. Any person who without such justification or excuse as would be suff icient in the 
case of the defamation of a private person, publishes anything intended to be read, or 
any sign or visible representation, tending to degrade, revile or expose to hatred or 
contempt any foreign prince, potentate, ambassador or other foreign d ignitary with 
intent to disturb peace and friendship between Seychelles and the country to which 
such prince, potentate, ambassador or dignitary belongs, is guilty of a misdemeanour.   
 37 Repeale d 
 64. (Repealed by S.I. 72 of 1976.)  
Piracy  
 65. (1) Any person w ho commits any act of piracy within Seychelles or elsewhere is 
guilty of an offence and liable to imprisonment for 30 years and a fine of R1 million.  
  (2) Notwithstanding the provisions of section 6 and any other written law, 
the courts of Seychelles shal l have jurisdiction to try an offence of piracy or an 
offence referred to under subsection (3) whether the offence is committed within the 
territory of Seychelles or outside the territory of Seychelles.  
  (3) Any person who attempts or conspires to commit,  or incites, aids and 
abets, counsels or procures the commission of, an offence contrary to section 65(1) 
within Seychelles or elsewhere commits an offence and shall be liable to 
imprisonment for 30 years and a fine of R1 million.  
  (4) For the purposes of  this section “piracy” includes - 
(a) any illegal act of violence or detention, or any act of depredation, 
committed for private ends by the crew or the passengers of a private 
ship or a private aircraft and directed - 
(i) on the high seas, against another s hip or aircraft, or 
against persons or property on board such a ship or aircraft;  
(ii) against a ship, an aircraft, a person or property in a place 
outside the jurisdiction of any State;  
(b) any act of voluntary participation in the operation of a ship or an 
aircraft with knowledge of facts making it a pirate ship or a pirate 
aircraft; or  
(c) any act described in paragraph (a) or (b) which, except for the fact 
that it was committed within a maritime zone of Seychelles, would 
have been an act of piracy under  either of those paragraphs.  
  (5) A ship or aircraft shall be considered a pirate ship or a pirate aircraft if - 
(a) it has been used to commit any of the acts referred to in 
subsection (4) and remains under the control of the persons who 
committed those acts; or  
(b) it is intended by the person in dominant control of it to be used 
for the purpose of committing any of the acts referred to in 
subsection (4).  
  (6) A ship or aircraft may retain its nationality although it has become a 
pirate ship or a pirate  aircraft.  The retention or loss of nationality shall be determined  
 38 by the law of the State from which such nationality was derived.  
  (7) Members of the Police and Defence Forces of Seychelles shall on the 
high seas, or may in any other place outside the  jurisdiction of any State, seize a 
pirate ship or a pirate aircraft, or a ship or an aircraft taken by piracy and in the 
control of pirates, and arrest the persons and seize the property on board.  The 
Seychelles Court shall hear and determine the case ag ainst such persons and order the 
action to be taken as regards the ships, aircraft or property seized, accordingly to the 
law. 
Section 65 amended by Act 5 of 2012 with effect from 6 August 2012  
CHAPTER IX  - Unlawful Societies, Assemblies, Riots and other Offences against 
Public Tranquility  
Definition of society and unlawful society  
 66. (1) A society includes any combination of ten or more persons whether the 
society be known by any name or not.  
  (2) A society is an unlawful society - 
(a) if formed for any  of the following purposes - 
(i) levying war or encouraging or assisting any person to levy 
war on the Government or the inhabitants of any part of 
Seychelles; or  
(ii) killing or injuring or inciting to the killing or injuring of 
any person; or  
(iii) destro ying or injuring or inciting to the destruction or 
injuring of any property; or  
(iv) subverting or promoting the subversion of the 
Government or if its officials; or  
(v) committing or inciting to acts of violence or intimidation; 
or 
(vi) interfering with, or resisting, or inciting to interference 
with or resistance to the administration of the law; or  
(vii) disturbing or inciting to the disturbance of peace and 
order in any part of Seychelles; or  
(b) if declared by an order of the President to be a society dangerous 
to the good government of Seychelles.   
 39 Managing unlawful society  
 67. Any person who manages or assists in the management of an unlawful society is 
guilty of a felony and is liable to imprisonment for seven years.  
Being member of unlawful society  
 68. Any person who - 
(a) is a member of an unlawful society; or  
(b) knowingly allows a meeting of an unlawful society, or of 
members of an unlawful society, to be held in any house, building or 
place belonging to or occupied by him, or over which he has co ntrol,  
is guilty of a felony, and is liable to imprisonment for three years.  
Prosecutions under sections 67 and 68  
 69. (1) A prosecution for an offence under section 67 or 68 shall not be instituted 
except with the consent of the Attorney General:  
 Provided that a person charged with such an offence may be arrested, or a 
warrant for his arrest may be issued and executed, and any such person may be 
remanded in custody or on bail, notwithstanding that the consent of the Attorney 
General to the institut ion of a prosecution for the offence has not been obtained, but 
no further or other proceedings shall be taken until that consent has been obtained.  
  (2) In any prosecution for an offence under section 67 or 68 it shall not be 
necessary to prove that the society consisted of ten or more members; but it shall be 
sufficient to prove the existence of a combination of persons, and the onus shall then 
rest with the accused to prove that the number of members of such combination did 
not amount to ten.  
  (3) Any person who attends a meeting of an unlawful society shall be 
presumed, until and unless the contrary is proved, to be a member of the society.  
  (4) Any person who has in his possession or custody or under his control 
any of the insignia, banners, arms, bo oks, papers, documents or other property 
belonging to an unlawful society, or wears any of the insignia, or is marked with any 
mark of the society, shall be presumed, unless and until the contrary is proved, to be a 
member of the society.  
Power of entry, a rrest, search, etc.  
 70. Any peace officer, and any police officer authorised in writing by a peace officer, 
may enter with or without assistance any house or building or into any place in which 
he had reason to believe that a meeting of an unlawful societ y, or of persons who are 
members of an unlawful society, is being held, and to arrest or cause to be arrested all 
persons found therein and to search such house, building or place, and seize or cause 
to be seized all insignia, banners, arms, books, papers,  documents and other property  
 40 which he may have reasonable cause to believe to belong to any unlawful society, or 
to be in any way connected with the purpose of the meeting.  
 For the purpose of this section, the expression “peace officer” means any 
magistr ate or any police officer not below the rank of sergeant.  
Declaration by President  
 71. (1) When a society is declared to be an unlawful society by an order of the 
President in his discretion, the following consequences shall ensue: - 
(a) the property of the society within Seychelles shall forthwith vest 
in an officer appointed by the President;  
(b) the officer appointed by the President shall proceed to wind up 
the affairs of the society, and after satisfying and providing for all 
debts and liabilities of  the society and the costs of the winding up, if 
there shall then be any surplus assets, shall prepare and submit to the 
President a scheme for the application of such surplus assets;  
(c) such scheme, when submitted for approval, may be amended by 
the Pres ident in such way as he shall think proper in the 
circumstances of the case;  
(d) the approval of the President to such scheme shall be denoted by 
the endorsement thereon of a memorandum of such approval signed 
by the President and, upon this being done, th e surplus assets, the 
subject of the scheme, shall be held by such officer upon the terms 
and to the purposes hereby prescribed;  
(e) for the purposes of the winding up, the officer appointed by the 
President shall have all the powers vested in the Official  Assignee for 
the purpose of the discovering of the property of s debtor and the 
realization thereof.  
(2) The President may, for the purpose of enabling a society to wind up its 
own affairs, suspend the operation of this section for such period as to him s hall seem 
expedient.  
(3) The provisions of subsection (1) shall not apply to any property seized at 
any time under section 70.  
Forfeiture of insignia, etc.  
 72. Subject to the provisions of section 71, the insignia, banners, arms, books, 
papers, documents and other property belonging to an unlawful society shall be 
forfeited to the Republic, and shall be dealt with in such manner as the President may 
direct.   
 41 Definition of unlawful assembly and riot.  
 73. When three or more persons assemble with intent to co mmit an offence, or, being 
assembled with intent to carry out some common purpose, conduct themselves in 
such a manner as to cause persons in the neighbourhood reasonably to fear that the 
persons so assembled will commit a breach of the peace, or will by s uch assembly 
needlessly and without any reasonable occasion provoke other persons to commit a 
breach of the peace, they are an unlawful assembly.  
 It is immaterial that the original assembling was lawful if, being assembled, 
they conduct themselves with a common purpose in such a manner as aforesaid.  
 When an unlawful assembly has begun to execute the purpose for which it 
assembled by a breach of the peace and to the terror of the public, the assembly is 
called a riot, and the persons assembled are said to be riotously assembled.  
Punishment of unlawful assembly  
 74. Any person who takes part in an unlawful assembly is guilty of a misdemeanour, 
and is liable to imprisonment for one year.  
Punishment of riot  
 75. Any person who takes part in a riot is guilty of  a misdemeanour.  
Proclamation for rioters or assembly to disperse  
 76. A magistrate, a Justice of Peace within the area of his jurisdiction, a police 
officer of or above the rank of sub -inspector or such other person as the President 
may appoint, in whose view twelve or more persons are riotously assembled, or who 
apprehends that a riot is about to be committed by twelve or more persons assembled 
within his view, may make or cause to be made a proclamation, in such form as he 
thinks fit, commanding the riot ers or persons so assembled to disperse peaceably.  
Dispersal of rioters or persons assembled after proclamation  
 77. If, after such proclamation made or if the making of such proclamation has been 
prevented by force, twelve or more persons continue so asse mbled together, any 
person authorised to make the proclamation, or any police officer, or any other person 
acting in aid of such person or police officer may do all things necessary for 
dispersing the persons so continuing assembled and for apprehending th em or any of 
them, and, if any person makes resistence, may use all such force as is reasonably 
necessary for overcoming such resistance, and shall not be liable in any criminal or 
civil proceeding for having, by the use of such force, caused harm or death  to any 
person.  
Calling on military forces  
 78. (1) If, in the opinion of a person authorised to make the proclamation, the force 
of police available is insufficient to disperse such assembly, or is unable to control the 
situation created by such assembly,  such person shall request the military forces, if  
 42 any, to assist and restore order.  Such request shall be made in writing wherever 
practicable.  Every member of the military forces so requested to assist and restore 
order shall have the same powers and i mmunities as a police officer under section 77 
of this Code.  
  (2) For the purposes of this section “military forces” include naval and air 
forces.  
Rioting or failure to disperse after proclamation  
 79. If such proclamation is made commanding the persons engaged in a riot, or 
assembled with the purpose of committing a riot, to disperse, every person who, after 
the making of such proclamation, takes or continues to take part in the riot or 
assembly, is guilty of a felony and is liable to imprisonment for fi ve years.  
Obstructing proclamation  
80. Any person who forcibly prevents or obstructs the making of such proclamation 
as is in section 76 mentioned is guilty of a felony, and is liable to imprisonment for 
ten years; and if the making of the proclamation is so prevented, every person who, 
knowing that it has been so prevented, takes or continues to take part in the riot or 
assembly is guilty of a felony and is liable to imprisonment for five years.  
Rioters destroying buildings, etc.  
 81. Any persons who, bein g riotously assembled together, unlawfully pull down or 
destroy or begin to pull down or destroy any building, machinery or structure are 
guilty of a felony, and each of them is liable to imprisonment for life.  
Injury to buildings by rioters  
 82. Any perso ns who, being riotously assembled together, unlawfully damage any of 
the things in section 81 mentioned are guilty of a felony, and each of them is liable to 
imprisonment for seven years.  
Riotously preventing sailing of ship  
 83. All persons are guilty of a misdemeanour who, being riotously assembled, 
unlawfully and with force prevent, hinder, or obstruct the loading or unloading, or the 
sailing or navigating of any vessel, or unlawfully and with force board any vessel 
with intent to do so.  
Possession of fi re-arms, etc.  
 84. (1) Any person who, without lawful authority or reasonable excuse, the proof 
whereof shall lie upon him, carries or has in his possession or under his control any 
firearm or other offensive weapon, or any ammunition, incendiary material or 
explosive in circumstances which raise a reasonable presumption that such firearm, 
offensive weapon, ammunition, incendiary material or explosive is intended to be 
used or has recently been used in a manner or for a purpose prejudicial to public order 
is guilty of a felony ad is liable to imprisonment for seven years.   
 43   (2) Any person who consorts with, or is found in the company of, another 
person who, in contravention of subsection (1), is carrying or has in his possession or 
under his control any fire arm or other offensive weapon, or any ammunition, 
incendiary material or explosive, in circumstances which raise a reasonable 
presumption that he intends to act or has recently acted with such other person in a 
manner or for a purpose prejudicial to public  order, is guilty of a felony and is liable 
to imprisonment for five years.  
  (3) Any person who knowingly negotiates, procures, arranges for, or is in 
any way concerned in or assists, the delivery to any other person, or the delivery by 
any person to any other person, of any firearm or other offensive weapon, or any 
ammunition, incendiary material or explosive, whether by way of sale, hire, gift, loan 
or otherwise, in circumstances which raise a reasonable presumption that he knew or 
believed that such fir earm, offensive weapon, ammunition, incendiary material or 
explosive was intended or likely to be used by any person in a manner or for a 
purpose prejudicial to public order is guilty of a felony and is liable to imprisonment 
for five years.  
  (4) Any pers on who, without lawful authority or reasonable excuse, the 
proof whereof shall lie upon him, has with him in any public place an offensive 
weapon is guilty of a misdemeanour and is liable to a fine of one thousand rupees and 
to imprisonment for one year.  
  (5) Where any person is convicted of an offence under this section any 
weapon or other articles in respect of which the offence was committed shall be 
forfeited to the Republic.  
  (6) A person shall not be prosecuted for an offence under this section, oth er 
than an offence under subsection (4), without the written consent of the Attorney 
General.  
  (7) In any prosecution for an offence under this section, other than an 
offence under subsection (4), without the written consent of the Attorney General.  
  (8) In this section - 
“ammunition” means ammunition for any firearm as hereinafter defined and 
includes grenades, bombs and other like missiles whether capable of use with 
such a firearm or not, and any ammunition containing or designed or adapted 
to contain any noxious liquid, gas or other thing;  
“explosives” means any explosive within the meaning of the Explosives Act;  
“firearm” means any lethal barreled weapon of any description from which 
any shot, bullet or other missile can be discharged or which can be adapted 
for the discharge of any such shot, bullet or other missile, and any weapon of 
whatever description designed or adapted for the discharge of any noxious 
liquid, gas or other thing, and includes the barrel, bolt and chamber, and any 
other essential component part, of any such weapon as aforesaid;  
“incendiary material” means any material capable of being used for causing  
 44 damage to property by fire and intended by the person having it in his 
possession or under his control for such use;  
“offensive weap on” means any article made or adapted for use for causing 
injury to the person or intended by any person having it with him for such use 
by him and includes any axe, hatchet, cutlass, knife or club.  
Forcible entry  
 85. Any person who, in order to take poss ession thereof enters on any lands or 
tenements in a violent manner, whether such violence consists in actual force applied 
to any other person or in threats or in breaking open any house or in collecting an 
unusual number of people, is guilty, of the misd emeanour termed forcible entry.  
 It is immaterial whether he is entitled to enter on the land or not, provided 
that a person who enters upon lands or tenements of his own, but which are in the 
custody of his servant or bailiff, does not commit the offence of forcible entry.  
Forcible detainer  
 86. Any person who, being in actual possession of land without colour of right, holds 
possession of it in a manner likely to cause a breach of the peace or reasonable 
apprehension of a breach of the peace against a per son entitled by law to the 
possession of the land is guilty of the misdemeanour termed forcible detainer.  
Affray  
 87. Any person who takes part in a fight in a public place is guilty of a 
misdemeanour, and is liable to imprisonment for one year.  
Challenge to a duel  
 88. Any person who challenges another to fight in a duel, or attempts to provoke 
another to fight a duel, or attempts to provoke any person to challenge another to fight 
a duel, is guilty of a misdemeanour.  
Threatening violence, etc . 
 89. Any pe rson who - 
(a) threatens another with any injury, damage, harm or loss to any 
person or property with intent to cause alarm to that person, or to 
cause that person, to do any act which he is not legally bound to do, 
or to omit to do any act which that perso n is legally entitled to do, as 
a means of avoiding the execution of such threat; or  
(b) discharges any loaded firearm or commits any breach of the peace 
with intent to alarm any person,  
is guilty of a misdemeanour and is liable to imprisonment for five ye ars.  
 45 Incitement to violence and disobedience of the law  
 89A(1)  Any person who, without lawful excuse, the burden of proof whereof shall lie 
upon him, utters, prints or publishes any words, or does any act or thing, indicating or 
implying that it is or mig ht be desirable to do, or omit to do any act, the doing or 
omission of which is calculated - 
(a) to bring death or physical injury to any person or to any class, 
community or body of persons;  
(b) to lead to the damage or destruction of any property; or  
(c) to prevent or defeat by violence or by other unlawful means the 
execution or enforcement of any law in force in the Republic or to 
lead to defiance or disobedience of any such law or any lawful 
authority,  
is guilty of a misdemeanour and is liable to impris onment for seven years.  
  (2) A person shall not be prosecuted for an offence under paragraph (c) of 
subsection (1) without the written consent of the Attorney General.  
Assembling to smuggle  
 90. Any persons who assemble together, to the number of two or more, for the 
purpose of unshipping, carrying or concealing any goods subject to customs duty and 
liable to forfeiture under any law relating to the customs, are guilty of a 
misdemeanour, and each of them is liable to a fine not exceeding Rs.1,000 or to 
imprisonment for six months.  
Division II – Offences against the Administration of Lawful Authority  
CHAPTER X  - Corruption and the Abuse of Office  
Official corruption  
 91. Any person who - 
(a) being employed in the public service, and being charged with the 
performance of any duty by virtue of such employment, corruptly 
solicits, receives, or obtains, or agrees or attempts to receive or 
obtain, any property or benefit of any kind for himself or any other 
person on account of anything already done or omitted to be done, or 
to be afterwards done or omitted to be done, by him in the discharge 
of the duties of his office; or  
(b) corruptly gives, confers, or procures, or promises or offers to give 
or confer, or to procure or attempt to procure, to, upon, or for any 
person employed in the public service, or to, upon, or for any other 
person, any property or benefit of any kind on account of any such 
act or omission on the part of the person so employed,   
 46 is guilty of a felony, and is liable to imprisonment for seven yea rs. 
Extortion by public officers  
 92. Any person who, being employed in the public service, takes or accepts from any 
person for the performance of his duty as such officer, any reward beyond his proper 
pay and emoluments, or any promise of such reward, is  guilty of a felony, and is 
liable to imprisonment for seven years.  
Receipt of property for favours  
 93. Any person who, being employed in the public service, receives any property or 
benefit of any kind for himself, on the understanding, express or implie d, that he shall 
favour the person giving the property or conferring the benefit, or any one in whom 
that person is interested, in any transaction then pending, or likely to take place, 
between the person giving the property or conferring the benefit, or a ny one in whom 
he is interested, and any person employed in the public service, is guilty of a felony, 
and is liable to imprisonment for five years.  
Officers with special duties to property  
94. Any person who, being employed in the public service, and bein g charged by 
virtue of his employment with any judicial or administrative duties respecting 
property of a special character, or respecting the carrying on of any manufacture, 
trade or business of a special character, and having acquired or holding directly  or 
indirectly, a private interest in any such property, manufacture, trade or business, 
discharges any such duties with respect to the property, manufacture, trade or 
business, discharges any such duties with respect to the property, manufacture, trade 
or business in which he has such interest or with respect to the conduct of any person 
in relation thereto, is guilty of a felony, and is liable to imprisonment for five years.  
False claims by officials  
95. Any person who, being employed in the public service in such a capacity as to 
require him or to enable him to furnish returns or statements touching any sum 
payable or claimed to be payable to himself or to any other person, or touching any 
other matter required to be certified for the purpose of any  payment of money or 
delivery of goods to be made to any person, makes a return or statement touching any 
such matter which is, to his knowledge, false in any material particular, is guilty of a 
misdemeanour and is liable for imprisonment for three years.  
Abuse of authority of office  
 96. Any person who, being employed in the public service, does or directs to be 
done, abuse of the authority of his office, any arbitrary act prejudicial to the rights of 
another is guilty of a misdemeanour and is liable to im prisonment for three years.  
  If the act is done or directed to be done for purposes of gain he is guilty of a 
felony, and is liable to imprisonment for five years.  
  A prosecution for any offence under this section or section 94 or 95 shall not  
 47 be institu ted except by or with the sanction of the Attorney General.  
False certificates by public officers  
 97. Any person who, being authorised or rehired by law to give any certificate 
touching any matter by virtue whereof the rights of any person may be prejudic ially 
affected, gives a certificates which is, to his knowledge, false in any material 
particular is guilty of a misdemeanour and is liable to imprisonment for three years.  
Unauthorised administration of oaths  
 98. Any person who administers an oath, or ta kes a solemn declaration or affirmation 
or affidavit, touching any matter with respect to which he had not by law any 
authority to do so is guilty of a misdemeanour and is liable to imprisonment for one 
year:  
  Provided that this section shall not apply to  an oath, declaration, affirmation 
or affidavit administered by or taken before a magistrate or a Justice of the Peace in 
any matter relating to the preservation of the peace or the punishment of offences re 
relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation, 
or affidavit administered or taken for some purpose which is lawful under the laws of 
another country, or for the purpose of giving validity to an instrument in writing 
which is intended to be used in another count ry. 
False assumption of authority  
 99. Any person who - 
  (a) not being a judicial officer, assumes to act as a judicial officer; 
or 
  (b) without authority assumes to act as a person having authority by 
law to administer an oath or take a solemn declaration or affirmation 
or affidavit or to do any other act of a public nature which can only 
be done by persons authorised by law to do so; or  
  (c) represents himself to be a person authorised by law to sign a 
document testifying to the contents of an y register or record kept by 
lawful authority, or testifying to any fact or event, and signs such 
document as being so authorised, when he is not, and knows that he 
is not, in fact, so authorised,  
is guilty of a misdemeanour and is liable to imprisonment f or three years.  
Personating public officers  
 100. Any person who - 
(a) personates any person employed in the public service on an 
occasion when the latter is required to do any act or attend in any 
place by virtue of his employment; or   
 48 (b) falsely represent s himself to be a person employed in the public 
service, and assumes to do any act or to attend in any place for the 
purpose of doing any act by virtue of such employment,  
is guilty of a misdemeanour, and is liable to imprisonment for three years.  
Threat o f injury to persons employed in public services  
 101. Whoever holds out any threat of injury to any person employed in the public 
service, or to any person in whom he believes that person employed in the public 
service to be interested, for the purpose of inducing that person employed in the 
public service to do any act or to forbear or delay to do any act connected with the 
exercise of the public functions of such person employed in the public service, is 
guilty of a felony and is liable to imprisonment fo r five years.  
CHAPTER XI  - Offences Relating to the Administration of Justice  
Perjury and subornation of perjury  
 102. (1) Any person who, in any judicial proceeding, or for the purpose of instructing 
any judicial proceeding, knowingly gives false testimony touching any matter which 
is material to any question then depending in that proceeding or intended to be raised 
in that proceeding, is guilty of the misdemeanour termed perjury.  
  It is immaterial whether the testimony is given on oath or under any other 
sanction authorised by law.  
  The forms and ceremonies used in administering the oath or in otherwise 
binding the person giving the testimony to speak the truth are immaterial, if he 
assents to the forms and ceremonies actually used.  
  It is imma terial whether the false testimony is given orally or in writing.  
 It is immaterial whether the court or tribunal is properly constituted, or is 
held in the proper place or not, if it actually acts as a court or tribunal in the 
proceeding in which the test imony is given.  
 It is immaterial whether the person who gives the testimony is a competent 
witness or not, or whether the testimony is admissible in the proceeding or not.  
  (2) Any person who aids, abets, counsels, procures, or suborns another 
person to commit perjury is guilty of the misdemeanour termed subornation or 
perjury.  
False statement by interpreters  
 103. If any person, lawfully sworn as an interpreter in a judicial proceeding, willfully 
makes a statement material in the proceeding which he know s to be false, or does not 
believe to be true, he shall be guilty of perjury.   
 49 Punishment of perjury and subornation  
 104. Any person who commits perjury or suborns perjury is liable to imprisonment 
for seven years.  
Evidence on charge of p erjury 
 105. A person cannot be convicted of committing perjury or of subornation of 
perjury solely upon the evidence of one witness as to the falsity of any statement 
alleged to be false.  
Contradictory statements  
 105A(1)  Where a witness in any judicial proceedings (oth er than a person accused of 
an offence in criminal proceedings) has made a statement on oath or affirmation of 
some fact relevant in the proceedings, contradicting in a material detail a previous 
statement made on oath or affirmation by the same witness be fore the same court or 
any other court or tribunal, such witness, if a court is satisfied that either of such 
statements was made with intent to deceive, is guilty of a misdemeanour.  
  (2) Upon the trial of any person for an offence under this section, it shall not 
be necessary to prove the falsity of either of the contradictory statements, but, upon 
proof that both the statements were made by him, the court, if satisfied that the 
statements, or either of them, were or was made with intent to deceive, shall  convict 
the accused.  
  (3) At the trial of any person for an offence under this section, the record of 
a court or tribunal containing any statement made on oath or affirmation by the 
person charged shall be prima facie evidence of such statement.  
  (4) For the avoidance of doubt, it is hereby declared that a person shall be 
liable to be convicted of an offence under this section notwithstanding that any 
statement made by him before a court or tribunal was made in reply to a question 
which he was bound by l aw to answer, and any such statement shall be admissible in 
any proceedings under this section.  
Fabricating evidence  
 106. Any person who, with intent to mislead any tribunal in any judicial proceeding - 
(a) fabricates evidence by any means other than perju ry or 
subornation of perjury; or  
(b) knowingly makes use of such fabricated evidence,  
is guilty of misdemeanour, and is liable to imprisonment for seven years.  
False swearing  
 107. Any person who swears falsely or makes a false affirmation or declaration 
before any person authorised to administer an oath or take a declaration upon a matter  
 50 or public concern under such circumstances that the false swearing or declaration if 
committed in a judicial proceeding would have amounted to perjury is guilty of a 
misdemeanour.  
Deceiving witnesses  
 108. Any person who practices any fraud or deceit, or knowingly makes or exhibits 
any false statement, representation, token, or writing, to any person called or to be 
called as a witness in any judicial proceeding, with inte nt to affect the testimony of 
such person as a witness, is guilty of a misdemeanour.  
Destroying evidence.  
 109. Any person who, knowing that any book, document, or thing of any kind 
whatsoever, is or may be required in evidence in a judicial proceeding, willfully 
removes or destroys it or renders it illegible or undecipherable or incapable of 
identification, with intent thereby to prevent it from being used in evidence, is guilty 
of a misdemeanour.  
Conspiracy to defeat justice and interference with witnes ses 
110. Any person commits a misdemeanour who - 
(a) conspires with any other person to accuse any person falsely of 
any crime or to do anything to obstruct, prevent pervert, or defeat the 
course of justice; or  
(b) in order to obstruct the due course of jus tice, dissuades, hinders, 
or prevents any person lawfully bound to appear and give evidence as 
a witness from so appearing and giving evidence, or endeavours to do 
so; or  
(c) obstructs or in any way interferes with or knowingly prevents the 
execution of an y legal process, civil or criminal.  
Compounding felonies  
 111. Any person who asks, receives, or obtains, or agrees or attempts to receive or 
obtain, any property or benefit of any kind for himself or any other person upon any 
agreement or understanding th at he will compound or conceal a felony, or will abstain 
from, discontinue, or delay a prosecution for a felony, or will withhold any evidence 
thereof, is guilty of a misdemeanour.  
Compounding penal actions  
 112. Any person who, having brought, or under pr etence of bringing, an action 
against another person upon a penal Act or statute in order to obtain from him a 
penalty for any offence committed or alleged to have been committed by him, 
compounds the action without the order or consent of the court in whi ch the action is 
brought or is to be brought, is guilty of a misdemeanour.   
 51 Misprision of felony  
 112A(1)  Any person who, knowing a felony to have been committed, conceals his 
knowledge of such felony, is guilty of a misdemeanour.  
  (2) A person shall be deemed to conceal his knowledge of a felony if, 
without lawful excuse, he fails or refuses to disclose to proper authority all material 
facts known to him relative to such felony.  
Advertisements for stolen property  
113. Any person who - 
(a) publicly offers a reward for the return of any property which has 
been stolen or lost, and in the offer makes use  of any words 
purporting that no questions will be asked, or that the person 
producing such property will not be seized or molested; or  
(b) publicly offers to  return to any person who may have bought, or 
advanced money by way of loan upon, any stolen or lost property the 
money so paid or advanced, or any other sum of money or reward for 
the return of such property; or  
(c) prints or publishes any such offer,  
is guilty of a misdemeanour.  
Offences relating to judicial proceedings  
 114. (1) Any person who - 
(a) within the premises in which any judicial proceeding is being had 
or taken, or within the precincts of the same, shows disrespect, in 
speech r manner, to or w ith reference to such proceeding, or any 
person before whom such proceeding is being had or taken; or  
(b) having been called upon to give evidence in a judicial proceeding, 
fails to attend, or having attended, refuses to be sworn or to make an 
affirmation or, having been sworn or affirmed, refuses without lawful 
excuse to answer a question or to produce a document, or remains in 
the room in which such proceeding is being had or taken, after the 
witnesses have been ordered to leave such room; or  
(c) causes a n obstruction or disturbance in the course of a judicial 
proceeding; or  
(d) while a judicial proceeding is pending, makes use of any speech 
or writing misrepresenting such proceeding or capable of prejudicing 
any person in favour of or against any parties to such proceeding, or 
calculated to lower the authority of any such person before whom 
such proceeding is being had or taken; or   
 52 (e) publishes a report of the evidence taken in any judicial proceeding 
which has been directed to be held in private; or  
(f) attempts wrongfully to interfere with or influence a witness in a 
judicial proceeding, either before or after he has given evidence, in 
connection with such evidence; or  
(g) dismisses a servant because he has given evidence on behalf of a 
certain party to a judicial proceeding; or  
(h) wrongfully retakes possession of land from any person who has 
recently obtained possession by a writ or court; or  
(i) commits any other act of intentional disrespect to any judicial 
proceeding, or to any person before whom suc h proceeding is being 
had or taken,  
is guilty of an offence, and is liable to imprisonment for three months.  
  (2) When any offence against paragraphs (a), (b), (c), (d) or (i) of subsection 
(1) is committed in view of the court, the court may cause the offender to be detained 
in custody and at any time before the rising of the court on the same day take 
cognizance of the offence and sentence the offender to a fine of Rs.250 and to 
imprisonment for one month.  
  (3) The provisions of this section shall be deemed to be addition to and not 
in derogation from the power of the Supreme Court to punish for contempt of court.  
Sanction of Attorney General  
 114A. No prosecution for an offence under section 104, section 105A or section 107 
shall be commenced without the written consent of the Attorney General.  
CHAPTER XII  - Rescues, Escapes and Obstructing Officers of Court of Law  
Rescue  
 115. Any person, who by force rescues or attempts to rescue from lawful custody any 
other person - 
(a) is, if such last -named person  is under sentence of imprisonment 
for life, or charged with an offence punishable with imprisonment for 
life, guilty of a felony, and is liable to imprisonment for life; and  
(b) is, if such other person is imprisoned on a charge or under 
sentence for any offence other than those specified above, guilty of a 
felony, and is liable to imprisonment for seven years; and  
(c) is, in any other case, guilty of a misdemeanour.  
 If the person rescued is in the custody of a private person, the offender must  
 53 have notic e of the fact that the person rescued is in such custody.  
Escape  
 116. (1) Subject to subsection (2) any person who, being in lawful custody, escapes 
from such custody, is guilty of a misdemeanour.  
  (2) Notwithstanding subsection (1), any person who whils t under lawful 
custody under an order by a court escapes from such custody is guilty of an offence 
and is liable to imprisonment for a term of not less than 5 years.  
  (3) Any person who - 
(a) aids a prisoner in escaping from lawful custody contray to 
subse ction (2);  
(b) knowingly harbours a prisoner who has so escaped; or  
(c) conveys anything or causes anything to be conveyed into a prison 
with intent to facilitate the escape of a prisoner contrary to subsection 
(2), 
is guilty of an offence and is liable to  imprisonment for a term of not less than 
3 years.  
Aiding prisoners to escape  
117. Any person who - 
(a) aids a prisoner in escaping or attempting to escape from lawful 
custody; or  
(b) conveys anything or causes anything to be conveyed into a prison 
with int ent to facilitate the escape of a prisoner,  
is guilty of a felony, and is liable to imprisonment for seven years.  
Taking property under lawful seizure  
 118. Any person who, when any property has been attached or taken under the 
process of authority of any court, knowingly, and with intent to hinder or defeat the 
attachment or process receives, removes, retains, conceals, or disposes of such 
property, is guilty of a felony, and is liable to imprisonment for three years.  
Obstructing court officers  
 119. Any p erson who willfully obstructs or resists any person law fully charged with 
the execution of an order or warrant of any court, is guilty of a misdeameanour, and is 
liable to imprisonment for one year.   
 54 CHAPTER XIII  - Miscellaneous Offences Against Public Aut hority  
Frauds by public officers  
 120. Any person employed in the public service who, in the discharge of the duties of 
his office, commits any fraud or breach of trust affecting the public, whether such 
fraud or breach of trust would have been criminal or  not if committed against a 
private person, is guilty of a misdemeanour.  
Neglect of duty by public officers  
 121. Every person employed in the public service who willfully neglects to perform 
any duty which he is bound either by statute or Act to perform, provided that the 
discharge of such duty is not attended with greater danger than a man of ordinary 
firmness and activity may be expected to encounter, is guilty of a misdemeanour.  
False information to person employed in the public service  
 122. Whoever gi ves to any person employed in the public service any information 
which he knows or believes to be false intending thereby to cause, or knowing it to be 
likely that he will thereby cause such person employed in the public service - 
(a) to do or omit anything  which such person employed in the public 
service ought not to do or omit if the true state of facts respecting 
which such information is given were known to him; or  
(b) to use the lawful power of such person employed in the public 
service to the injury or  annoyance of any person; or  
(c) to devote his time and services to the investigation of such 
information,  
shall be guilty of a misdemeanour and shall be liable to imprisonment for six 
months or to a fine of Rs.500 or to both such fine and such imprisonmen t. 
False reports causing wasteful employment of police  
 122A(1)  Any person who causes any wasteful employment of the police by 
knowingly making to any person a false report tending to show that an offence has 
been committed or to give rise to apprehension for the safety of any person or 
property, or tending to show that he has information material to any police enquiry 
shall be guilty of an offence and liable to imprisonment for one year.  
  (2) A prosecution for an offence under this section shall not be in stituted 
except with the consent of the Attorney General.  
Disobedience of statutory duty  
 123. Everyone who willfully disobeys any statute or Act by doing any act which it 
forbids, or by omitting to do any act which it requires to be done, and which concer ns 
the public or any part of the public, is guilty of a misdemeanour, and is liable, unless  
 55 it appears from the statute or Act that it was the intention of the Legislature to provide 
some other penalty for such disobedience, to imprisonment for two years.  
Disobedience of lawful order  
 124. Everyone who disobeys any order, warrant or command duly made, issued or 
given by any court, officer or person acting in any public capacity and duly 
authorised in that behalf, is guilty of a misdemeanour, and is liable, unless any other 
penalty or mode of proceeding is expressly prescribed in respect of such 
disobedience, to imprisonment for two years.  
Division III – Offences Injuries to the Public in General  
CHAPTER XIV  - Offences Relating to Religion  
Insult to religion of any class  
 125. Any person who destroys, damages or defiles any place of worship or any 
object which is held sacred by any class of persons with the intention of thereby 
insulting the religion of any class of persons or with the knowledge that any class  of 
persons is likely to consider such destruction, damage or defilement as an insult to 
their religion, is guilty of a misdemeanour.  
Disturbing religious assemblies  
 126. Any person who voluntarily causes disturbance to any assembly lawfully 
engaged in th e performance of religious worship or religious ceremony, is guilty of a 
misdemeanour.  
Trespassing on burial places, etc.  
 127. Every person who with the intention of wounding the feelings of any person or 
of insulting the religion of any person, or with t he knowledge that the feelings of any 
person are likely to be wounded, or that the religion of any person is likely to be 
wounded, or that the religion of any person is likely to be insulted thereby, commits 
any trespass in any place of worship or in any p lace of sepulture or in any place set 
apart for the performance of funeral rites or as a depository for the remains of the 
dead, or offers any indignity to any human corpse, or causes disturbance to any 
persons assembled for the purpose of funeral ceremoni es, is guilty of a 
misdemeanour.  
Writing or uttering words with intent to wound religious feelings  
 128. Any person who, with the deliberate intention of wounding the religious 
feelings of any other person, writes any word, or any person who, with the like  
intention, utters any word or makes any sound in the hearing of any other person or 
makes any gesture or places any object in the sight of any other person is guilty of 
misdemeanour and is liable to imprisonment for one year.   
 56 Hindering burial of dead body , etc.  
 129. Whoever unlawfully hinders the burial of the dead body of any person, or 
without lawful authority in that behalf disinters, dissects, or harms the dead body of 
any person or, being under a duty to cause the dead body of any person or, being 
under a duty to cause the dead body of any person to be buried, fails to perform such 
duty, is guilty of a misdemeanour.  
  In this section the word “burial” means burial in earth, interment or any 
other form or sepulture or the cremation or any other mode of disposal of a dead body 
and “buried” has a corresponding meaning.  
CHAPTER XV  - Offences Against Morality  
Sexual assault  
 130. (1) A person who sexually assaults another person is guilty of an offence and 
liable to imprisonment for 20 years:  
 Provided th at where the victim of such assault is under the age of 15 years 
and the accused is of or above the age of 18 years and such assault falls under 
subsection (2)(c) or (d), the person shall be liable to imprisonment for a term not less 
than 14 years and not more than 20 years:  
 Provided also that if the person is convicted of a similar offence within a 
period of 10 years from the date of the first conviction the person shall be liable to 
imprisonment for a period not less than 28 years:  
 Provided further that  where it is the second or a subsequent conviction of the 
person for an assault referred to in subsection (2)(d) on a victim under 15 years within 
a period of ten years from the date of the conviction, the person shall be liable to 
imprisonment for life.  
(2) For the purposes of this section “sexual assault” includes - 
(a) an indecent assault;  
(b) the non -accidental touching of the sexual organ of another;  
(c) the non -accidental touching of another with one’s sexual organ, or  
(d) the penetration of a body ori fice of another for a sexual purpose.  
  (3) A person does not consent to an act which if done without consent 
constitutes an assault under this section if - 
(a) the person’s consent was obtained by misrepresentation as to the 
character of the act of the ide ntity of the person doing the act;  
(b) the person is below the age of fifteen years; or   
 57 (c) the person’s understanding and knowledge are such that the 
person was incapable of giving consent.  
  (4) In determining the sentence of a person convicted of an off ence under 
this section the court shall take into account, among other things - 
(a) whether the person used or threatened to use violence in the 
course of or for the purpose or committing the offence;  
(b) whether there has been any penetration in terms of s ubsection 
(2)(d); or  
(c) any other aggravating circumstances.   
Section 130 amended by Act 5 of 2012 with effect from 6 August 2012  
Repealed  
131. (Repealed by Act 15 of 1996)  
Repealed  
132. (Repealed by Act 15 of 1996)  
Abduction  
133. Any person who, with intent to marry or carnally know a woman of any age, or 
to cause her to be married or carnally known by any other person, takes her away, or 
detains her, against her will, is guilty of a felony, and is liable to imprisonment for 
seven years.  
Abduction of g irls under eighteen years  
133A(1)  Any person who unlawfully takes an unmarried girl under the age of 
eighteen years out of the custody or protection of her father or mother or other person 
having the lawful care or harge of her and against the will of such  father or mother or 
other person, if she is taken with the intention that she may be unlawfully and 
carnally known by any man whether any particular man or generally, is guilty of a 
misdemeanour.  
  (2) It shall be sufficient defence to a charge under this  section if it shall be 
made to appear to the court before whom the charge shall be brought that the person 
so charged had reasonable cause to believe and did in fact believe that the girl was of 
or above the age of eighteen years.  
Abduction of girls under  sixteen  
 134. Any person who unlawfully takes an unmarried girl under the age of fifteen 
years out of the custody or protection of her father or mother or other person having 
the lawful care or charge of her, and against the will of such father or mother or other 
person, is guilty of a misdemeanour.   
 58 Sexual interference with a child  
 135. (1) A person who commits an act of indecency towards another person who is 
under the age of fifteen years is guilty of an offence and liable to imprisonment for 20 
years:  
Provided that where the person accused is of or above the age of 18 years and 
the act of indecency is of a kind described in subsection 2(c) or (d) of section 130(2) 
the person shall be liable to imprisonment for a term not less than 14 years and not 
more than 20 years:  
Provided also that if the person is convicted of a similar offence within a 
period of 10 years from the date of the first conviction, the person shall be liable to 
imprisonment for a period not less than 28 years:  
Provided further that where  it is the second or a subsequent conviction of the 
person for the sexual interference referred to in subsection (2)(d) within a period of 
ten years from the date of the conviction, the person shall be liable to imprisonment 
for life.  
(2) A person is not g uilty of an offence under this section if at the time of the 
offence the victim of the act of indecency was - 
(a) fourteen years old or older and the accused had reasonable ground 
to believe that the victim was over fifteen years old; or  
(b) the spouse of t he accused.  
Section 135 amended by Act 5 of 2012 with effect from 6 August 2012  
Sexual interference with dependant  
 136. (1) A person who interferes sexually with another person of the age of fifteen 
years or older but under the age of eighteen years, refe rred to in this section as the 
“victim”, who -  
(a) is dependent upon, or is under the legal authority of, the first -
mentioned person, but is not the spouse of the first -mentioned 
person; or  
(b) is closely related by blood to the first -mentioned person,  
is guilty of an offence and is liable to imprisonment for 20 years;  
Provided that where the person accused is of or above the age of 18 years the 
person shall be liable to imprisonment for a term not less than 7 years and not more 
than 20 years.  
 Provided als o that if the person is convicted of a similar offence within a 
period of 10 years from the date of the first conviction, the person shall be liable to 
imprisonment for a period not less than 14 years and not more than 20 years.   
 59   (2) For the purposes of t his section a person interferes sexually with another 
person if - 
(a) the person commits an act of indecency towards that other person;  
(b) the person non -accidentally touches the other person’s sexual 
organ;  
(c) the person non -accidentally touches the other person with the 
person’s sexual organ;  
(d) the person penetrates any part of the body orifice of the other 
person for a sexual purpose.  
  (3) For the purposes of subsection (1), a victim is dependent upon, or is 
under the legal authority of a person if the person is the guardian of or has control or 
custody over or care of the victim or was at the time living in the same household as 
the victim and was in a position of authority over the victim.  
  (4) For the purposes of subsection (1) a person is clo sely related to a victim 
if the person is the father, mother, brother or half -brother, sister or half -sister, 
grandfather or grandmother of the victim.  
Section 136 amended by Act 5 of 2012 with effect from 6 August 2012  
Indecent Assault  
 137. A person who does an indecent act - 
(a) in the public view;  
(b) in a public place n the presence of one or more persons; or  
(c) in any place, with intent thereby to insult or offend any person,  
is guilty of an offence and liable to imprisonment for five years.  
Procurati on 
138. Any person who - 
(a) procures or attempts to procure any girl or woman under the age 
of twenty -one years, not being a common prostitute or of known 
immoral character, to have unlawful carnal connection, either in 
Seychelles or elsewhere, with any ot her person or persons; or  
(b) procures or attempts to procure any woman or girl to become, 
either in Seychelles or elsewhere, a common prostitute; or  
(c) procures or attempts to procure any woman or girl to leave 
Seychelles, with intent that she may become  an inmate of or frequent  
 60 a brothel elsewhere; or  
(d) procures or attempts to procure any woman or girl to leave her 
usual place of abode in Seychelles (such place not being a brothel), 
with intent that she may, for the purposes of prostitution, become an 
inmate of or frequent a brothel either in Seychelles or elsewhere,  
is guilty of a misdemeanour:  
 Provided that no person shall be convicted of any offence under this section 
upon the evidence of one witness only, unless such witness be corroborated in some  
material particular by evidence implicating the accused.  
Procuring defilement by threats, etc  
 139. Any person who - 
(a) by threats or intimidation procures or attempts to procure any 
woman or girl to have any unlawful carnal connection, either in 
Seychell es or elsewhere; or  
(b) by false prêtences of false representations procures any woman or 
girl, not being a common prostitute or of known immoral character, 
to have any unlawful carnal connection, either in Seychelles or 
elsewhere; or  
(c) applies, administ ers to, or causes to be taken by any woman or 
girl any drug, matter, or thing with intent to stupefy or overpower so 
as thereby to enable any person to have unlawful carnal connection 
with such woman or girl,  
is guilty of a misdemeanour:  
 Provided that no person shall be convicted of an offence under this section 
upon the evidence of one witness only, unless such witness be corroborated in some 
material particular by evidence implicating the accused.  
Householder permitting defilement of girls under thirteen  
 140. (1) Any person who, being the owner or occupier of premises or having or 
acting or assisting in the management or control thereof, induces or knowingly suffers 
any girl under the age of thirteen years to resort to or be upon such premises for the 
purpose of being unlawfully and carnally known by any man, whether such carnal 
knowledge is intended to be with any particular man or generally, is guilty of a 
felony, and is liable to imprisonment for five years.  
  (2) Any person who, being the owner or occ upier of premises or having or 
assisting in the management or control thereof, induces r knowingly suffers any girl 
not under the age of thirteen years but under the age of fifteen years to resort to or be 
upon such premises for the purpose of being unlawf ully and carnally known by any 
man, whether such carnal knowledge is intended to be with any particular man or  
 61 generally, is guilty of a misdemeanour.  
  (3) It shall be a sufficient defence to any charge this section if it shall be 
made to appear to the co urt before whom the charge shall be brought that the person 
so charged had reasonable cause to believe and did in fact believe that the girl was of 
or above the age of fifteen years.  
Detention of female in brothel and elsewhere  
 141. Any person who detains  any woman or girl against her will - 
(a) in or upon any premises with intent that she may be unlawfully 
and carnally known by any man, whether any particular man or 
generally; or  
(b) in any brothel,  
is guilty of a misdemeanour.  
 When a woman or girl is in or upon any premises for the purpose of having 
any unlawful carnal connection, or is in any brotherl, a person shall be deemed to 
detain such woman or girl in or upon such premises or in such brothel, if, with intent 
to compel or induce her to remain in or  upon such premises or in such brothel, such 
person withholds from such woman or girl any wearing apparel or other property 
belonging to her, or where wearing apparel has been lent or otherwise supplied to 
such woman or girl with legal proceedings if she t akes away with her the wearing 
apparel so lent or supplied.  
 No legal proceedings, whether civil or criminal, shall be taken against any 
such woman or girl for taking away or being found in possession of any such wearing 
apparel as was necessary to enable her to leave such premises or brothel.  
Power to search  
 142. If it appears to any magistrate, on information made before him on oath by any 
parent, relative or guardian of any woman or girl or other person who, in the opinion 
of the magistrate, is acting b ona fide in the interests of any woman or girl, that there 
is reasonable cause to suspect that such woman or girl is unlawfully detained for 
immoral purposes by any person in any place within the jurisdiction of such 
magistrate, such magistrate may issue a  warrant authorizing the person named therein 
to search for, and, when found, to take to and detain in a place of safety such woman 
or girl until she can be brought before a magistrate; and the magistrate before whom 
such woman or girl is brought may cause  her to delivered up to her parents or 
guardians, or otherwise dealt with as circumstances may permit and require.  
 A magistrate issuing such warrant may, by the same or any other warrant, 
cause any person accused of so unlawfully detaining such woman or g irl to be 
apprehended and brought before a magistrate and proceedings to be taken for 
punishing such person according to law.  
 A woman or girl shall be deemed to be unlawfully detained for immoral  
 62 purposes if she is so detained for the purpose of being unl awfully and carnally known 
by any man, whether any particular man or generally, and - 
(a) either is under the age of fifteen years; or  
(b) if she is of or over the age of fifteen years and under the age of 
eighteen years, is so detained against her will or against the will of 
her father or mother or of any person having the lawful care or 
charge of her; or  
(c) if she is of or over the age of eighteen years and is so detained 
against her will.  
 Any person authorised by warrant under this section to search for  any 
woman or girl so detained as aforesaid may enter (if need be by force) any house, 
building, or other place mentioned in the warrant, and may remove such woman 
therefrom.  
Procuring for prostitution for purposes of gain  
 143. Whoever for purposes of gai n- 
(a) procures, entices or leads away, for purposes of prostitution, 
another person (even with the consent of that other person); or  
(b) exploits, or is an accessory in, the prostitution of another person 
(even with the consent of that other person), or t he illicit carnal 
connection of two other persons,  
is guilty of a misdemeanour.  
Procuring for prostitution, etc., other than for pu rposes of gain  
 144. Whoever - 
(a) procures, entices or leads away, for purposes prostitution, another 
person (even with the consent of that other person); or  
(b) exploits, or is an accessory in, the prostitution of another person 
(even with the consent of that other person),  
where the person procured, enticed, led away or exploited is less than twenty -
one years old at the time of the offence, or is procured, enticed, led away or exploited 
for the purpose of being sent abroad, or by the use of fraud, deceit, threat, violence or 
any other means of duress, is guilty of a misdemeanour.  
Repealed   
145. (Repealed by Act 15 of 1996)   
 63 Conspiracy to defile  
146. Any person who conspires with another to induce any woman or girl, by means 
of any false pretence or other fraudulent means, to permit any man to have unlawful 
carnal knowledge of her is guilty of a felony, and is liable to imprisonm ent for three 
years.  
Abortion   
147. Any person who, with intent to procure miscarriage of a woman, whether she is 
or is not with child, unlawfully administers to her or causes her to take any poison or 
other noxious thing or uses any force of any kind, or uses any other means whatever, 
is guilty of a felony, and is liable to imprisonment for fourteen years.  
Abortion by woman with child  
 148. Any woman who, being with child, with intent to procure her own miscarriage, 
unlawfully administers to herself any po ison or other noxious thing, or uses any force 
of any kind, or uses any other means whatever, or permits any such thing or means to 
be administered or used to her, is guilty of a felony, and is liable to imprisonment for 
three years.  
Drugs and instruments for abortion  
149. Any person who unlawfully supplies to or procures for any person any thing 
whatever, knowing that it is intended to be unlawfully used to procure the miscarriage 
of a woman, whether she is or is not with child, is guilty of a felony, and is liable to 
imprisonment for three years.  
Medical termination of pregnancy  
 149A. A person shall not be guilty of a felony under section 147, 148 or 149 when a 
pregnancy is terminated under the Termination of Pregnancy Act.  
Knowledge of age in offences ag ainst women  
 150. Except as otherwise expressly stated, it is immaterial in the case of any of the 
offences committed with respect to a woman or girl under a specified age, that the 
accused person did not know that the woman or girl was under that age, or believed 
that she was not under that age.  
Unnatural offences  
151. Any person who - 
(a) has carnal knowledge of any person against the order of nature; or  
(b) has carnal knowledge of an animal; or  
(c) permits a male person to have carnal knowledge of him or her 
against the order of nature,   
 64 is guilty of a felony, and is liable to imprisonment for fourteen years.  
Incest  
 151A. (1)  A person who has sexual intercourse with another person of the opposite 
sex when the person knows that the person and that other per son are closely related 
by blood is guilty of an offence and liable to imprisonment for 3 years.  
(2) A person is closely related by blood to another person if - 
(a) in the case of a man, the other person is the grandmother, mother, 
sister, half -sister, daug hter or grand -daughter of the person;  
(b) in the case of woman, the other person is the grand -father, father, 
brother, half -brother, son or grandson of the person.  
Display of or traffic in indecent material  
 152. (1) A person who - 
(a) for the purposes or by way of trade or for the purpose of public 
exhibition or distribution to the public, makes, purchases, hires or has 
in the person’s possession any indecent material;  
(aa) makes, takes or has in the person’s possession without a 
reasonable excuse an indec ent photograph, sketch, drawing or picture 
of a child;  
(b) for the purposes or by way of trade or for the purpose of public 
exhibition or distribution to the public conveys, exports or imports, 
causes to be conveyed, exported or imported or puts in circula tion 
any indecent material;  
(c) deals in indecent material or carries on or takes part in any 
business concerned with the making, producing, hiring, distribution 
to the public, export, import, public exhibition or circulation of any 
indecent material;  
(d) advertises or makes known by any means whatsoever with a view 
to assist in the distribution or circulation of or traffic in any indecent 
material;  
(e) publicly sells or exposes for sale any indecent material;  
(f) exposes to view in a public place any indec ent material;  
(ff) willfully or negligently exhibits to a child any indecent material;  
(g) publicly exhibits, appears, performs or takes part in or assist in 
any capacity with the public exhibition of any indecent show, 
entertainment or representation or a ny show, entertainment or  
 65 representation tending to corrupt morals,  
(h) publishes an indecent material,  
is guilty of an offence and liable to imprisonment for five years.  
(2) In this section  
“indecent material” means - 
(a) any indecent or obscene writing, p hotograph, sketch, drawing or 
picture including whether partly or wholly generated by computer;  
(b) any indecent or obscene printed matter, print, painting, poster, 
drawing, model or cinematographic film or video film, cassette or 
disc; 
(c) any other indec ent or obscene object; or  
(d) any other object tending to corrupt morals;  
“publish” includes, where the indecent material is data stored electronically, 
transmit the date.  
  (3) Where any element of any of the offences specified in paragraphs (a) to 
(d) of  subsection (1) is committed in Seychelles the offence the element of which has 
been committed in Seychelles shall be deemed to have been committed in Seychelles.  
  (4) A court may - 
(a) on the conviction of a person of an offence under this section, 
order the destruction of the indecent material used in connection with 
the commission of the offence; or  
(b) on the application of the Attorney -General and being satisfied that 
any indecent material is being or will be used in contravention of this 
section, but whether or not a person has been convicted of an offence, 
order the destruction of the indecent material.  
(5) The owner of any premises on which any indecent material is found or the 
person in whose possession is found or the person in whose possession any  indecent 
material is found shall be presumed, until the owner or person proves the contrary, to 
be dealing in or carrying on or taking part in a business connected with indecent 
material contrary to paragraph (c) of subsection (1).  
Insulting the modesty o f a perso n 
 153. A person who, with intent to insult the modesty of a person, utters any word, 
makes any sound or gesture or exhibits any object intending that the word or sound 
shall be heard, or that the gesture or object shall be seen, by the other person, or 
intrudes u pon the privacy of the other person is guilty of an offence and liable to  
 66 imprisonment for one year.  
Soliciting  
 154. A person who solicits another person in a public place for the purposes of 
prostitution is guilty of an offence and liable to imprisonment  for two years.  
Brothel  
 155. (1) A person who - 
(a) keeps or manages, or acts or assists in the keeping or management 
of a brothel;  
(b) being the owner, tenant, lessee or occupier or person in charge of 
any premises, knowingly permits the premises or any p art of the 
premises to be used as a brothel;  
(c) being the owner, lessor or landlord or the agent of the owner, 
lessor or landlord, of any premises - 
(i) lets out the premises or any part of the premises knowing 
that the premises or any part of the premises  is to used as a 
brothel; or  
(ii) is willfully a party to the continued use of the premises or 
any part of the premises as a brothel,  
is guilty of an offence and liable to imprisonment for three years.  
  (2) In this section “brothel” means any premises or any part of any premises 
resorted to or used by any person for the purposes of prostitution or lewd sexual 
practices.  
Living on earning of prostitution  
 156. A person who - 
(a) procures, entices or leads away, for the purposes of prostitution, 
another perso n; 
(b) knowingly lives wholly or in part on the earnings of prostitution 
of another person; - 
(c) knowingly exploits the prostitution of another person.  
(d) for the purposes of gain, exercises control, direction of influence 
over the movements or action of another person in a manner as to 
show that the person is aiding, abetting, encouraging or compelling 
the prostitution of that other person,   
 67 is guilty of an offence and liable to imprisonment for five years.  
Repealed  
157. (Repealed by Act 15 of 1996)  
Prohib ited observation and recording of private act  
 157A  A person who observes or visually records another person, in circumstances 
where a person would expect to be afforded privacy – 
(a) without the other person’s consent; and  
(b) when the other person is – 
(i) in a private place; or  
(ii) engaging in a private act; and  
(c) the observation or visual recording is made for the purpose of 
observing or visually recording a private act,  
commits an offence and is liable on conviction to imprisonment for a term of 
20 years.  
Section 157A inserted by Act 7 of 2012 with effect from 27 August 2012.  
Prohibited observation and recording of private parts  
 157B   A person who observes or visually records another person’s private parts, in 
circumstances where a person would exp ect to be afforded privacy in relation to his 
or her private parts – 
(a) without the other person’s consent; and  
(b) when the observation or visual recording is made for the purpose 
of observing or visually recording the other person’s private parts,  
commi ts an offence and is liable on conviction to imprisonment for a term of 
20 years.  
Section 157B inserted by Act 7 of 2012 with effect from 27 August 2012.  
Possession of prohibited visual recording  
 157C   A person who possesses a prohibited visual recording of another person 
having reason to believe it to be a prohibited visual recording, without the other 
person’s consent, commits an offence and is liable on conviction to imprisonment for 
a term of 20 years.  
Section 157C inserted by Act 7 of 2012 with effect  from 27 August 2012.   
 68 Distribution of prohibited visual recording   
157D   A person who distributes a prohibited visual recording of another person 
having reason to believe it to be a prohibited visual recording, without the other 
person’s consent, commits a n offence and is liable on conviction to imprisonment for 
a term of 20 years.  
Section 157D inserted by Act 7 of 2012 with effect from 27 August 2012.  
Interpretation  
 157E   For the purpose of sections 157A, 157B, 157C and 157D – 
 “distribute” includes – 
(a) communicate, exhibit, send, supply or transmit to someone, 
whether to a particular person or not;  
(b) make available for access by someone, whether by a particular 
person or not;  
(c) enter into an agreement or arrangement to do something in 
paragraph (a) or (b); and  
(d) attempt to distribute.  
 “observe” means observation by any means whatsoever;  
 “private act” means – 
(a) bathing and showering;  
(b) using a toilet;  
(c) any other activity where the person is in a state of nudity;  
(d) intimate sexual activity  that is not ordinarily done in public;  
“private parts” means a person’s genital or anal region when bare or a 
female’s breast when bare;  
 “private place” means a place where a person might reasonably be expected 
to be engaging in a private act;  
 “prohibit ed visual recording of another person” means a visual recording of 
– 
(a) the person in a private place or engaging in a private act made in 
circumstances where a person would expect to be afforded privacy; 
or  
 69 (b) a visual recording of the person’s private parts, when bare made 
in circumstances where a person would expect to be afforded privacy 
in relation to his or her private parts.  
Section 157E inserted by Act 7 of 2012 with effect from 27 August 2012.  
Immunity  
 157F   A person is not criminally responsibl e for an offence against sections 157A, 
157B, 157C or 157D if – 
(a) the person is, at the time of the offence, a law enforcement officer 
acting in the course of the person’s duties; and  
(b) the person’s conduct is reasonable in the circumstances for the 
performance of the duties.   
Section 157F inserted by Act 7 of 2012 with effect from 27 August 2012.  
Repealed  
 158. (Repealed by Act 15 of 1996)  
CHAPTER XVI  - Offences Relating to Marriage and Domestic Obligations  
Fraudulent pretence of marriage  
 159. Any per son who willfully and by fraud causes any woman who is not lawfully 
married to him to believe that she is lawfully married to him and to cohabit or have 
sexual intercourse with him in that belief, is guilty of a felony, and is liable to 
imprisonment for te n years.  
Bigamy  
 160. Any person who, having a husband or wife living, goes through a ceremony of 
marriage which is void by reason of its taking place during the life of such husband or 
wife, is guilty of a felony and is liable to imprisonment for five yea rs: 
  Provided that this section shall not extend to any person whose marriage 
with such husband or wife has been declared void by a court of competent jurisdiction 
nor to any person who contracts a marriage during the life of a former husband or 
wife, if such husband or wife, at the time of the subsequent marriage, shall have been 
continually absent from such person for the space of seven years, and shall not have 
been heard of by such person as being alive within that time.  
Fraudulently going through cere mony of marriage  
 161. Any person who dishonestly or with fraudulent intention goes through the 
ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a 
felony, and is liable to imprisonment for five years.   
 70 Desertion of children  
 162. Any person who being the parent, guardian or other person having the lawful 
care or charge of a child under the age of fourteen years, and being able to maintain 
such child, willfully and without lawful or reasonable cause deserts the child and 
leaves it without means or support, is guilty of a misdemeanour.  
Neglecting children  
 163. Any person who, being the parent or guardian or other person having the lawful 
care or charge of any child of tender years and unable to provide for itself, refu ses or 
neglects (being able to do so) to provide sufficient food, clothes, bedding and other 
necessaries for such child, so as thereby to injure the health of such child, is guilty of 
a misdemeanour.  
Failure to provide for apprentice or servants  
 164. Any person who, being legally liable either as master or mistress, to provide for 
any apprentice or servant necessary food, clothing, or lodging, willfully and without 
lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously 
does or  causes to be done any bodily harm to such apprentice or servant so that the 
life of such apprentice or servant is endangered or that his health has been or is likely 
to be permanently injured, is guilty of a misdemeanour.  
Child stealing  
 165. Any person w ho, with intent to deprive any parent, guardian, or other person 
who has the lawful care or charge of a child under the age of fourteen years, of the 
possession of such child - 
(a) forcibly or fraudulently takes or entices away, or detains the child; 
or 
(b) receives or harbours the child, knowing it to have been so taken 
or enticed away or detained,  
is guilty of a felony, and is liable to imprisonment for seven years.  
 It is a defence to a charge of any of the offences defined in this section to 
prove that t he accused person claimed in good faith a right to the possession of the 
child, or, in the case of an illegitimate child, is its mother or claimed to be his father.  
CHAPTER XVIA  - Antisocial Behaviour Order  
Antisocial behaviour  
 165A.(1)  The court may, on an application made under this section make an 
antisocial behaviour order.  
  (2) An application for an antisocial behaviour order against a person of or 
more than 12 years of age may be made by a police officer where -  
 71 (a) the person has acted, in an antiso cial manner, that is to say, in a 
manner that causes or is likely to cause violence, harassment, alarm 
or distress to one or more other persons not of the same household as 
that person or to the public; and  
(b) such an order is necessary to protect any per son or a group of 
persons or any member of the public in the locality in which the 
violence, harassment, alarm or distress was caused or was likely to be 
caused from further antisocial acts by that person;  
(c) a complaint has been made to the police as to the existence of the 
circumstances referred to in paragraphs (a) and (b) by a person or a 
group of persons or a member of the public.  
  (3) An application may be made by a police officer if the circumstances 
referred to  in subsection (2)(a) and (b) are wit hin the personal knowledge of the 
police officer.  
  (4) For the purposes of section (2)(a) any act or omission punishable under 
Chapter XVII constitutes antisocial behaviour.  
  (5) An application for an antisocial behaviour order shall set out the scope 
of the order prayed for by the applicant and shall be supported by an affidavit or 
affidavits of the complainant or complainants as the case may be.  
  (6) Subject to subsection (7), where an application under this section is 
received by the court, the court shall cause a notice of the application to be served on 
the respondent and shall summon the respondent to appear before the court on such 
day as may be fixed by the court to show cause why the antisocial behaviour order 
should not be made.  
  (7) Where the respondent fails to appear on the day fixed in the summons to 
appear under subsection (6) and the court is satisfied that the summons has been 
served on the respondent, the court may proceed to hear the application in the absence 
of the respondent.  
  (8) Where the court makes an antisocial behaviour order in the absence of 
the respondent, the order shall, unless the court orders otherwise, be served on the 
respondent personally and is not binding until it is so served.  
  (9) The court shall, in determining whether a person has committed 
antisocial acts complained of, apply the standard of proof applicable in civil 
proceedings.  
  (10) Where on an application under this section the court is satisfied that 
there is a serious risk of further violence, harassment, alarm or distress being caused 
to the complainant or to any member of the public before summoning and hearing the 
respondent, and that I is appropriate to do so, the court may issue an interim antisocial 
behaviour order and the order shall rema in in force until the determination of the 
application, unless the court determines otherwise.   
 72   (11) A party in a proceeding on an application under this section may call 
witnesses in support of the party’s case.  
  (12) Where the court is of the opinion t hat it is necessary for the protection 
of the privacy of a person concerned in the proceeding on an application under this 
section, the court may hold the proceeding in camera.  
  (13) In considering an application under this section, the court shall have 
regard to - 
(a) the need to ensure that any person is protected against violence, 
harassment, alarm or distress or any kind;  
(b) any other legal proceedings between the respondent and the 
applicant or between the respondent and the complainant or between 
the respondent and the Republic;  
(c) any other matter that the court may consider relevant, including 
the prayer contained in the application.  
  (14) An antisocial behaviour order made under this section - 
(a) may impose such restraints on the respondent as ar e necessary or 
desirable to prevent the respondent from acting in an apprehended 
manner or engaging in any conduct which may constitute antisocial 
behaviour;  
(b) may apply for the protection of - 
(i) the complainant;  
(ii) any person or a group of persons in  the locality in which 
the violence, harassment, alarm or distress was caused or was 
likely to be caused;  
(iii) any person specified in the order; or  
  (15) Without limiting the effect of subsection (13), an antisocial behaviour 
order may - 
(a) prohibit the  respondent from being on premises at which the 
complainant resides, works, is studying or is undergoing vocational 
training or an apprenticeship;  
(b) prohibit the respondent from being on premises specified in the 
order frequented by the complainant;  
(c) prohibit the respondent from being in or at premises or in a 
locality or area specified in the order;  
(d) prohibit the respondent from being in or at premises or in a  
 73 locality or area during a specified period of time of day or night;  
(e) prohibit the resp ondent from approaching within a distance, 
specified in the order, of the complainant;  
(f) prohibit the respondent from contacting, harassing, threatening or 
intimidating the complainant or any other person at a  place where 
the complainant or other person  resides, works, is studying or is 
undergoing vocational training or an apprenticeship;  
(g) prohibit the respondent from damaging any property of the 
complainant;  
(h) prohibit the respondent from causing or allowing another person 
to engage in conduct refe rred to in paragraphs (a) to (g);  
(i) direct the respondent to attend such counseling or rehabilitation 
programme as may be specified in the order;  
(j) contain any other conditions which the court considers necessary 
in the circumstances.  
  (16) An antisoc ial behaviour order may be made against a respondent in 
relation to premises or property despite the fact that the respondent has a legal or 
equitable interest in the premises or property.  
  (17) An antisocial behaviour order - 
(a) shall be valid for the pe riod specified in the order,  
(b) shall not, in any event, be for a period of more than 24 months.  
  (18) A person who intentionally and without reasonable excuse contravenes 
an antisocial behaviour order shall be guilty of an offence and liable on conviction to 
a fine not exceeding R30,000 or to imprisonment not exceeding 2 years or to both 
such fine and imprisonment.  
  (19) Where a court convicts a person of an offence under subsection (18), it 
shall not be open to the court to make an order of con ditional discharge in respect of 
the offence:  
  Provided that the court may deal with the convict under the Probation of 
Offenders Act.  
  (20) Where there is an antisocial behaviour order in force, the applicant, the 
respondent or any other person for whos e protection the order was made may apply to 
the court for a variation or revocation of the order.  
  (21) The person applying for the variation or revocation of an order shall 
cause a copy of the application to be served on every other party and the court shall, 
before varying or revoking the order, allow the parties affected by the order a  
 74 reasonable opportunity to be heard.  
  (22) Notwithstanding any other written law, where the court is satisfied that 
it is not reasonably possible to serve a summons or a ny other document on any 
person, the court may make an order for substituted service.  
CHAPTER XVII  - Nuisances and Offences Against Health and Convenience  
Common nuisance   
166. Any person who does an act not authorised by law or omits to discharge a legal 
duty and thereby causes any common injury, or danger or annoyance, or obstructs or 
causes inconvenience to the public in the exercise of common rights, commits the 
misdemeanour termed a common nuisance and is liable to imprisonment for one year.  
 It is immaterial that the act or omission complained of is convenient to a 
larger number of the public than it inconveniences, but the fact that it facilitates the 
lawful exercise of their rights by a part of the public may show that it is not a 
nuisance to any of the public.  
Gaming houses  
 167. (1) Any person being the owner or occupier, or having the use of, any house, 
room, building or place whether open or enclosed, or ship, boat or other vessel, 
whether afloat or not, or any vehicle, who shall open, keep or use the same for the 
purpose of unlawful gaming being carried on therein, and any person who, being the 
owner or occupier of any house, room, building, place, vessel or vehicle as aforesaid, 
shall knowingly and willfully permit the same to be opened, kept or used by any other 
person for the purpose aforesaid, and any person having the care of management of or 
in any manner assisting in conducting the business of any house, room, building, 
place, vessel or vehicle as aforesaid, is said to keep a common gamin g house.  
  (2) In this section “unlawful gaming” means any game the chances of which 
are not alike favourable to all the players, including the banker or other person or 
persons by whom the game is managed or against whom the other players stake, play 
or bet. 
  (3) Any person who keeps a common gaming house is guilty of a 
misdemeanour.  
  (4) Any person other than the persons mentioned in subsection (1) who is 
found in a common gaming house shall be deemed, unless the contrary is proved, to 
be there for the purpose of unlawful gaming, and is guilty of a misdemeanour, and is 
liable to a fine of Rs.50 for the first offence, and for each subsequent offence to a fine 
of Rs.250 or imprisonment for two months, or to both such fine and imprisonment.  
Search warrants  
 168. (1) The judge or any magistrate or other officer for the time being empowered 
to issue warrants, on being satisfied upon written information on oath and after any 
further inquiry which he may think necessary, that any place is kept or used for  
 75 gaming  and that the public has access to it, may, by warrant, authorise any person 
therein named or any police officer, with such assistance and by such force as may be 
necessary, by night or by day, to enter or go to such place and to search the same and 
to sei ze all instruments or appliances for gaming, and all money, securities for money, 
and other articles reasonably supposed to have been used or intended to be used for 
any game or lottery which may be found in such place; and also to detain all persons 
found  therein until the said place shall have been searched.  If any of the things or 
circumstances which are made by section 169 presumptive evidence of guilt are 
found in such place, every person found therein shall be taken before the competent 
court to be d ealt with according to law.  
  (2) Nothwithstanding the provisions of subsection (1) any police officer, not 
below the rank of corporal, who reasonably suspects that any place is kept or used for 
gaming and that the public has access to it, shall without th e necessity of procuring a 
warrant as required in subsection (1) have in respect of such place all the powers 
conferred upon a police officer by the said subsection in the same manner as if a 
warrant had been issued for that purpose.  
  (3) All instruments or appliances for gaming, money, securities for money, 
and other articles found in a gaming house, which the court finds were used or 
intended to be used for any game or lottery, shall be declared by the said court to be 
forfeited to the Republic, and deal t with accordingly.  
Presumptions  
 169. (1) If any instruments or appliances of gaming are found in any place entered 
under section 168, or if persons are seen or heard to escape therefrom on the approach 
or entry of a police officer, or if any person havin g authority under section 168 to 
enter or go to such place is unlawfully prevented from, or obstructed or delayed in 
entering or approaching the same or any part thereof, it shall be presumed, until the 
contrary be proved, that the place is a common gaming  house, and that the same is so 
kept or used by the occupier thereof.  
  (2) If, in the case of a place entered under section 168, any passage, 
staircase, or means of access to any part thereof is unusually narrow or steep or 
otherwise difficult to pass, or  nay part of the premises is provided with unusual or 
unusually numerous means for preventing or obstructing an entry or with unusual 
contrivances for enabling persons therein to see or ascertain the approach or entry of 
persons or for giving the alarm or for facilitating escape from the premises, it shall be 
presumed, until the contrary be proved, that the place is a common gaming house, and 
that the same is so kept or used by the occupier thereof.  
Lotteries  
 170. (1) Any person who opens, keeps, or uses a ny place for carrying on a lottery not 
authorised by the Commissioner of Police is guilty of a misdemeanour, and any 
person who in any way infringes or fails to comply with any of the conditions (if any) 
laid down when such authorization as above mentioned  is given is guilty of a 
misdeameanour and is liable to imprisonment for a period not exceeding six months.  
  (2) Any person who prints or publishes, or causes to be printed or published 
any advertisement or other notice of or relating to any lottery not s o authorised or of  
 76 or relating to the sale of any ticket or chance in any lottery not so authorised is liable 
to a fine of Rs.500.  
  (3) In this section “lottery” includes any scheme or deice for the sale, gift, 
disposal, or distribution of any property de pending upon or to be determined by lot or 
chance, whether by the throwing or casting of dice, or by the drawing of tickets, 
cards, lots, numbers, or figures, or by means of wheel or trained animal, or otherwise 
howsoever.  
  (4) When any person is convicte d of an offence under this section, the court 
may, in addition to or in lieu of, any penalty which may be imposed, order the 
forfeiture to the Republic of any instrument or thing used in connection with the 
lottery concerning which the conviction has taken  place.  
Keeper of premises defined  
 171. Any person who appears, acts, or behaves as master or mistress, or as the person 
having the care or management of any such house, room, set of rooms, or place as is 
mentioned in sections 167 and 170 is to be taken to be keeper thereof, whether he is 
or is not the real keeper.  
Traffic in obscene publications  
 172. (1) Any person who - 
(a) for the purpose of or by way of trade or for the purpose of 
distribution or public exhibition, makes, produces, or has in his 
possession any one or more obscene writings, drawings, prints, 
paintings, printed matter, pictures, posters, emblems, photographs, 
cinematograph films or any other obscene objects or any other object 
tending to corrupt morals, or  
(b) for any of the purpose s above -mentioned imports, conveys, or 
exports, or causes to be imported, conveyed or exported any such 
matters or things or in any manner whatsoever puts any of them in 
circulation; or  
(c) carries on or takes part in any business whether public or private , 
concerned with any such matters or things, or deals in any such 
matters or things in any manner whatsoever, or distributes any of 
them, or exhibits any of them publicly, or makes a business of 
lending any of them; or  
(d) advertises or makes known by any means whatsoever with a view 
to assisting the circulation of, or traffic in, any such matters or things, 
that a person is engaged in any of the acts referred to in this section, 
or advertises or makes known how, or from whom, any such matters 
or things can  be procured either directly or indirectly; or  
(e) publicly exhibits any indecent show or performance or any show 
or performance tending to corrupt morals,   
 77 is guilty of a misdemeanour, and is liable to imprisonment for two years or to 
a fine of Rs.1,000.  
  (2) If, in respect of any of the offences specified in paragraphs (a), (b), (c) or 
(d) of subsection (1), any constitutive element thereof is committed in Seychelles 
such commission shall be sufficient to render the person accused of such offence 
triable therefore in Seychelles.  
  (3) A court, on convicting any person of an offence against this section, may 
order to be destroyed any matter or thing made, possesed or used for the purpose of 
such offence.  
  (4) A court may, on the application of the Attorney  General or the 
Commissioner of Police, order the destruction of any obscene matter or thing to 
which this section relates, whether any person may or may not have been convicted 
under the provisions of this section in respect of such obscene matter or thin g. 
  (5) The judge or any magistrate or other officer for the time being 
empowered to issue warrants on being satisfied upon written information on oath and 
after any further inquiry which he may think necessary, that any premises are used for 
any of the p urposes specified in this section or in violation of these provisions or for 
the deposit of any such obscene matters or things may by warrant authorise any 
persons therein named or any police officer with such assistance and by such force as 
may be necessa ry by night or by day to enter the same and to seize all instruments or 
appliances and other articles reasonably supposed to have been used or intended to be 
used for any of the purposes specified in this section.  
 If any of the obscene matters are found i n such place or in the possession of 
any person it shall be presumed, until the contrary be proved, that the owner or 
occupier of the premises and the person with whom such obscene matters or things 
are found, shall have carried on or taken part in busines s in violation of paragraph (c) 
of subsection (1) above.  
Idle and disorderly persons  
 173. The following persons - 
(a) every common prostitute behaving in a disorderly or indecent 
manner in any public place;  
(b) every person wandering or placing himself in any public place to 
beg or gather alms, or causing or procuring or encouraging any child 
or children so to do;  
(c) every person playing at any game of chance for money or 
money’s worth in any public place, or on private property without the 
consent of the occupier;  
(d) every person who in any public place conducts himself in a 
manner likely to cause a breach of the peace;   
 78 (e) every person who in any public place uses any indecent or 
obscene language;  
(f) every person found in a public place wandering or pla cing himself 
so as to cause an obstruction,  
shall be deemed idle and disorderly persons, and shall be liable to 
imprisonment for one year or to a fine not exceeding Rs.1,000 or to both.  
Prohibition of consumption of alcoholic liquor   
173A.Any person who co nsumes any alcoholic liquor - 
  (i) on any road, or in any public place; or  
  (ii) in any vehicle on a road,  
shall be guilty of an offence and liable on conviction to imprisonment for a 
term not exceeding one year or to a fine not exceeding Rs.1,000 or to both such fine 
and imprisonment.  
  (2) In any proceedings under this section, evidence that consumption of 
alcoholic liquor without proof of actual consumption.  
  (3) In this section - 
“alcoholic liquor” includes baka, lapuree, toddy, spirits, wine, ale, be er, 
porter, cider, perry or hop beer or any liquor containing more than two per 
centum by weight of absolute alcohol or any liquor containing more than one 
per centum of alcohol, but does not include industrial alcohol;  
“breach” means that part of the land  which is alternately covered and 
uncovered by the sea at the highest and lowest tide;  
“public place” shall have the same meaning ascribed to it in section 2 but for 
the purposes of this section does not include a beach or premises in respect of 
which ther e is a valid public bar licence or a baka or toddy licence under the 
Licences (liquor) regulations, authorizing the consumption of alcoholic liquor 
on such premises;  
“road” includes any highway, street, road, bridge, square, court, alley, lane, 
passage or pavement to which the public are entitled or permitted to have 
access whether on payment or otherwise.  
Rogues and vagabonds  
 174. The following persons - 
  (a) every person convicted of an offence under section 173 after 
having been previously convicted as an idle and disorderly person;   
 79   (b) every person going about as a gatherer or collector of alms, or 
endeavouring to procure charitable contributions of any nature or 
kind, under any false or fraudulent pretence;  
  (c) every suspected person or reputed thi ef who has no visible 
means of subsistence and cannot give a good account of himself;  
  (d) every person found in or upon or near any premises or in any 
road or highway or any place adjacent thereto or in any public place 
at such time and under such circum stances as to lead to the 
conclusion that such person is there for an illegal or disorderly 
purpose,  
shall be deemed to be a rogue and vagabond, and shall be guilty of a 
misdemeanour, and shall be liable for the first offence to imprisonment for three 
mont hs, and for every subsequent offence to imprisonment for one year  
Wearing of uniform without authority  
 175. (1) Any person who, not being a person serving in the Defence Force or in the 
Seychelles Police Force, without the permission of the President, wea rs the uniform 
of any of those forces or any dress having the appearance or bearing of any of the 
regimental or other distinctive marks of such uniform, is guilty of a misdemeanour 
and liable to imprisonment for 6 months and to a fine of R10,000:  
 Provided  that nothing in this section shall prevent any person from wearing 
any uniform or dress in the course of a stage play performed in any place where stage 
plays may lawfully be performed, or in the course of a music hall or circus 
performance or in the cour se of any “bona fide” military representation.  
  (2) Any person who unlawfully wears the uniform of any of the forces 
aforesaid, or any dress having the appearance, or bearing any, of the regimental or 
other distinctive marks of any such uniform, in such a  manner or in such 
circumstances as to be likely to bring contempt on that uniform, or employs any other 
person so to wear such uniform or dress, is guilty of a misdemeanour, and is liable to 
imprisonment for 6 months and a fine of Rs.1,000.  
  (3) Any pers on who, not being in the service of the Republic or not having 
previously received the written permission of the President so to do, imports or sells 
or has in his possession for sale any such uniform as aforesaid, or the buttons or 
badges appropriate ther eto, is guilty of a misdemeanour, and is liable to imprisonment 
for 12 months and a fine of Rs.2,000.  
  (4) When any person shall have been convicted of any offence under this 
section, the uniform, dress, button, badge or other thing in respect of which th e 
offence has been committed shall be forfeited unless the President shall otherwise 
order.  
Negligent spreading of disease  
 176. Any person who unlawfully or negligently does any act which is, and which he  
 80 knows or has reason to believe to be, likely to sp read the infection of any disease 
dangerous to life, is guilty of a misdemeanour.  
Adulteration of food  
 177. Any person who adulterates any article of food or drink, so as to make such 
article noxious as food or drink, intending to sell such article as foo d or drink, or 
knowing it to be likely that the same will be sold as food or drink, is guilty of a 
misdemeanour.  
Sale of adulterated food  
 178. Any person who sells, or offers or exposes for sale, as food or drink, any article 
which has been rendered or has become noxious, or is in a state unfit for food or 
drink, knowing, or having reason to believe that the same is noxious as food or drink, 
is guilty of a misdemeanour.  
Adulteration of drugs  
 179. Any person who adulterates any drug or medical preparatio n in such a manner 
as to lessen the efficacy or change the operation of such drug or medical preparation, 
or to make it noxious, intending that it shall be sold or used for, of knowing it to be 
likely that it will be sold or used for, any medicinal purpose  as if it had not undergone 
such adulteration, is guilty of a misdemeanour.  
Sale of adulterated drugs  
 180. Any person who, knowing any drug or medical preparation to have been 
adulterated in such a manner as to lessen its efficacy, to change its operation , or to 
render it noxious, sells the same, or offers or exposes it for sale, or issues it from any 
dispensary for medicinal purposes as unadulterated, or causes it to be used for 
medical purposes by any person not knowing of the adulteration, is guilty of a 
misdemeanour.  
Fouling water  
 181. Any person who voluntarily corrupts or fouls the water of any river, stream, 
spring or reservoir, whether public or private, so as to render it less fit for the purpose 
for which it is ordinarily used, is guilty of a misdemeanour.  
Fouling air  
 182. Any person who voluntarily vitiates the atmosphere in any place so as to make 
it noxious to the health of persons in general dwelling or carrying on business in the 
neighbourhood or passing along a public way, is guilty of a  misdemeanour.  
Carrying out advice, etc., in matters of witchcraft  
 182A. Any person who on the advice of any person pretending to the knowledge of 
witchcraft or of any non -natural or superstitious processes or in the exercise of any 
witchcraft or of any n on-natural superstitious means shall use or cause to be put into  
 81 operation such means or processes as he may have been advised or may believe to be 
calculated to influence or affect the mind, feelings or judgment of any person or to 
injure any person or an y property, is guilty of a misdemeanour.  
Lighting fires, etc.  
 183. The following persons commit and are liable to be punished as for a common 
nuisance - 
(a) any person who lights a fire in any forest, plantation or field for 
the purpose of burning any drie d, dead or decayed matter or for the 
purpose of clearing any ground or of burning any charcoal kiln 
without having previously obtained written permission from the 
Department of Agriculture:  
 Provided that the permission so granted shall not be a defence to  any 
other criminal or civil to which such person may be subject under any 
law in the event of the fire causing damage to property;  
(b) any person who carries fire or a lighted naked torch or candle or 
any other lighted thing in any street, road, way, land , track, foot -path, 
square or open space to which the public have access or in any forest, 
plantation or field, except in a lantern or with such other 
precautionary means to guard against fire or with the permission of 
the Commissioner of Police and subjec t to such conditions as he may 
law down;  
(c) any person who willfully obstructs any auction sale by force, or 
who by threatening to use force prevents any person from coming 
forward to bid or from coming forward to bid or from bidding;  
(d) any person who - 
   (i) in any place where the public have or are allowed to 
have access, uses any indecent or obscene language at or 
against any other person with intent to annoy and to the 
annoyance of that person; or  
   (ii) disturbs the public peace;  
(e) any person who - 
   (i) sends any message by telephone which is grossly 
offensive or of an indecent, obscene or menacing character;  
   (ii) sends any message by telephone, or any telegram, 
which he knows to be false, for the purpose of causing 
annoyance, inconvenience or  needless anxiety to any other 
person;  
   (iii) persistently makes telephone calls without reasonable  
 82 cause and for any such purpose as aforesaid;  
(f) any person who contravenes or fails to comply with regulations 
made by the President who is hereby empowe red to make such 
regulations, controlling, regulating or prohibiting - 
   (i) the operation or use of loudspeakers, megaphones and 
any other device for amplifying sound; and  
   (ii) the making of noise or the playing of music;  
(g) any person who allows a dog in his custody or under his control 
to bark or whine persistently after having been warned that such 
barking or whining causes or would cause annoyance to any other 
person;  
(h) any person who allows any animal belonging to himself to stray;  
(i) any per son who, within such areas as may be prescribed by the 
President by notice published in the Gazette, is found in possession 
of a catapult;  
(j) any person who, without lawful authority or reasonable excuse, 
the proof whereof shall lie upon him - 
(i) writes u pon, marks, soils or defaces any building, road, 
pavement, wall, fence or paling, whether public or private 
property, with chalk or paint or in any other way whatsoever; 
or 
(ii) affixes any poster or other paper against or upon any 
building, road, pavement , wall, fence or paling, whether 
public or private property;  
(k)  (i) any person who deposits or throws away or allows to be 
deposited or thrown away any litter or refuse - 
(a) on private property without the consent of the 
owner or occupier thereof;  
(b) on the foreshore or in any public place, except in 
receptacles specially provided for the purpose;  
 (ii) in this paragraph - 
“public place” means any place to which the public have or 
are allowed to have access;  
“foreshore” means that portion of the shore adj acent to the 
sea which is alternatively covered or uncovered by the sea at 
the highest and lowest tides and includes that part of the  
 83 seabed adjacent to the coast which is within 100 yards from 
the low -water mark or from any prier or jetty;  
“refuse” includ es glass, bottles, tins and any object 
whatsoever which may be injurious to persons.  
CHAPTER XVIII  - Defamation  
Definition of libel  
 184. Any person who by print, writing, painting, effigy, or by any means otherwise 
than solely by gestures, spoken words or  other sounds, unlawfully publishes any 
defamatory matter concerning another person, with intent to defame that other person, 
is guilty of a misdemeanour termed “libel”.  
Definition of defamatory matter  
 185. Defamatory matter is matter likely to injure the  reputation of any person by 
exposing him to hatred, contempt or ridicule, or likely to damage any person in his 
profession or trade by an injury to his reputation.  It is immaterial whether at the time 
of the publication of the defamatory matter the perso n concerning whom such matter 
is published is living or dead:  
 Provided that no prosecution for the publication of defamatory matter 
concerning a dead person shall be instituted without the consent of the Attorney 
General.  
Publication  
 186. (1) A person pu blishes a libel if he causes the print, writing, painting, effigy or 
other means by which the defamatory matter is conveyed, to be so dealt with, either 
by exhibition, reading, recitation, description, delivery, or otherwise, as that the 
defamatory meaning  thereof becomes known or is likely to become known to either 
the person defamed or any other person.  
  (2) It is not necessary for libel that the defamatory meaning should be 
directly or completely expressed; and it suffices if such meaning and its applic ation to 
the person alleged to be defamed can be collected either from the alleged libel itself 
or from any extrinsic circumstances, or partly by the one and partly by the other 
means.  
Unlawful publication  
 187. Any publication of defamatory matter concerning a person is within the 
meaning of this chapter, unless (a) the matter is true and it was for the public benefit 
that it should be published or (b) it is privileged on one of the grounds hereafter 
mentioned in this chapter.  
Absolute privilege  
 188. (1) The publication of defamatory matter is absolutely privileged, and no person  
 84 shall under any circumstances be liable to punishment under this Code in respect 
thereof, in any of the following cases, namely: - 
(a) if the matter is published by the Pres ident, or by the Council of 
Ministries or the People Assembly, in any official document or 
proceeding; or  
(b) if the matter is published in the Council of Ministers or the 
People’s Assembly by the President or by any member of such 
Council; or  
(c) if the m atter is published by order of the Council of Ministers; or  
(d) if the matter is published concerning a person subject to Defence 
Force discipline for the time being and relates to his conduct as a 
person subject to such discipline, and is published by som e person 
subject to such discipline, and is published by some person having 
authority over him in respect of such conduct, and to some person 
having authority over him in respect of such conduct; or  
(e) if the matter is published in the course of any judic ial proceedings 
by a person taking part therein as a judge or magistrate or 
commissioner or pleader or assessor or witness or party thereto; or  
(f) if the matter published is in fact a fair report of anything said, 
done, or published in the Council of Min isters or the People’s 
Assembly; or  
(g) if the person publishing the matter is legally bound to publish it.  
  (2) Where a publication is absolutely privileged, it is immaterial for the 
purposes of this chapter whether the matter be true or false, and wheth er it be or be 
not known or believed to be false, and whether it be or be not published in good faith:  
  Provided that nothing in this section shall exempt a person from any liability 
to punishment under any other chapter of this Code or under any other Ac t or statute 
in force within Seychelles.  
Conditional privilege  
 189. A publication of defamatory matter is privileged, on condition that it was 
published in good faith, if the relation between the parties by and to whom the 
publication is made is such that  the person publishing the matter is under some legal, 
moral or social duty to publish it to the person to whom the publication is made or has 
a legitimate personal interest in so publishing it, provided that the publication does 
not exceed either in exten t or matter what is reasonably sufficient for the occasion, 
and in any of the following cases, namely: - 
(a) if the matter published is in fact a fair report of anything said, 
done, or shown in a civil or criminal inquiry or proceeding before 
any court:   
 85  Provided that if the court prohibits the publication of anything said 
or shown before it, on the ground that it is seditious, immoral, or 
blasphemous, the publication thereof shall not be privileged; or  
(b) if the matter published is a copy or reproduction, or in fact a fair 
abstract, of any matter which has been previously published, and the 
previous publication of which was or would have been privileged 
under section 188; or  
(c) if the matter is an expression of opinion in good faith as to the 
conduct of a person in a judicial, official, or other public capacity or 
as to his personal character so far as it appears in such conduct; or  
(d) if the matter is an expression of opinion in good faith as to the 
conduct of a person in relation to any public question o r matter, or as 
to his personal character so far as it appears in such conduct; or  
(e) if the matter is an expression of opinion in good faith as to the 
conduct of any person as disclosed by evidence given in a public 
legal proceeding, whether civil or cri minal, or as to the conduct of 
any person as a party, witness, or otherwise in any such proceeding, 
or as to the character of any person so far as it appears in any such 
conduct as in this paragraph mentioned; or  
(f) if the matter is an expression of opini on in good faith as to the 
merits of any book, writing, painting, speech, or other work, 
performance, or act published, or publicly done or made, or 
submitted by a person to the judgment of the public or as to the 
character of the person so far as it appea rs therein; or  
(g) if the matter is a censure passed by a person in good faith on the 
conduct of  another person in any matter in respect of which he has 
authority, by contract or otherwise, over the other person, or on the 
character of the other person, so  far as it appears in such conduct; or  
(h) if the matter is a complaint or accusation made by a person in 
good faith against another person in respect of his conduct in any 
matter, or in respect of his character so far as it appears in such 
conduct, to any  person having authority, by contract or otherwise, 
over that person in respect of such conduct or matter, or having 
authority by law to inquire into or receive complaints respecting such 
conduct or matter; or  
(i) if the matter is published in good faith f or the protection of the 
rights or interests of the person who publishes it, or of the person to 
whom it is published, or of some person in whom the person to 
whom it is published is interested.  
Good faith  
 190. A publication of defamatory matter shall not  be deemed to have been made in  
 86 good faith by a person, within the meaning of section 189, if it made to appear either - 
(a) that the matter was untrue, and that he did not believe it to be true; 
or 
(b) that the matter was untrue, and that he published it without having 
taken reasonable care to ascertain whether it was true or false; or  
(c) that in publishing the matter, he acted with intent to injure the 
person defamed in a substantially greater degree or substantially 
other wise than was reasonably necess ary for the interest of the 
public or for the protection of the private right or interest of which he 
claims to be privileged.  
Presumptions as to good faith  
 191. If it is proved, on behalf of the accused person, that the defamatory matter was 
published un der such circumstances that the publication would have been justified if 
made in good faith, the publication shall be presumed to have been made in good 
faith until the contrary is made to appear, either from the libel itself, or from the 
evidence given on  behalf of the accused person, or from evidence given on the part of 
the prosecution.  
Division IV – Offences against the Person  
CHAPTER XIX  - Murder and Manslaughter  
Manslaughter  
 192. Any person who by an unlawful act or omission causes the death of anoth er 
person is guilty of the felony termed “manslaughter”.  An unlawful omission is an 
omission amounting to culpable negligence to discharge a duty tending to the 
preservation of life or health, whether such omission is or is not accompanied by an 
intention  to cause death or bodily harm.  
Murder  
 193. Any person who of malice aforethought causes the death of another person by 
an unlawful act or omission is guilty of murder.  
Punishment of murder  
 194.*Any person convicted of murder shall be sentenced to impris onment for life.  
Punishment of manslaughter  
 195. Any person who commits the felony of manslaughter is liable to imprisonment 
for life.   
 87 Malice aforethought  
 196. Malice aforethought shall be deemed to be established by evidence proving any 
one or more of t he following circumstances: - 
(a) an intention to cause the death of or to do grievous harm to any 
person, whether such person is the person actually killed or not;  
(b) knowledge that the act or omission causing death will probably 
cause the death of or grievous harm to some person, whether such 
person is the person actually killed or not, although such knowledge 
is accompanied by indifference whether death or grievous bodily 
harm is caused or not, or by a wish that it may not be caused.  
Persons suffering  from diminished responsibility  
 196A(1) Where a person kills or is party to the killing of another, he shall not be 
convicted or murder if he was suffering from such abnormality of mind (whether 
arising from a condition of arrested or retarded development  of mind or any inherent 
causes or induced by disease or injury) as substantially impaired his mental 
responsibility for his acts and omissions in doing or being a party to the killing.  
  (2) On a charge of murder it shall be for the defence to prove that the person 
charged is by virtue of this section not liable to be convicted of murder.  
  (3) A person who but for this section would be liable to be convicted of 
murder shall be liable instead to be convicted of manslaughter.  In such a case the 
court inste ad of or in addition to inflicting any punishment which it may inflict on a 
conviction for manslaughter, may order the convicted person to be detained in 
custody during the President’s pleasure and thereafter he shall be detained in such 
custody as the Pre sident shall from time to time direct.  
  (4) The fact that one party to a killing is by virtue of this section not liable to 
be convicted of murder shall not affect the question whether the killing amounted to 
murder in the case of any other party to it.  
Killing on provocation  
 197. When a person who unlawfully kills another under circumstances which, but for 
the provisions of this section, would constitute murder, does the act which causes 
death in the heat of passion caused by sudden provocation as herein after defined, and 
before there is time for his passion to cool, he is guilty of manslaughter only.  
Provocation defined  
 198. The term “provocation” means and includes, except as hereinafter stated, any 
wrongful act or insult of such a nature as to be likely, when done to an ordinary 
person, or in the presence of an ordinary person to another person who is under his 
immediate car e, or to whom he stands in a conjugal, parental, filial, or fraternal 
relation, or in the relation of master or servant, to deprive him of the power of self -
control and to induce him to assault the person by whom the act or insult it done or  
 88 offered.  
 When  such an act or insult is done or offered by one person to another, or in 
the presence of another to a person who is under the immediate care of that other, or 
to whom the latter stands in any such relation as aforesaid, the former is said to give 
the latt er provocation for an assault.  
 A lawful act is not provocation to any person for an assault.  
 An act which a person does in consequence of incitement given by another 
person in order to induce him to do the act and thereby to furnish an excuse for 
committ ing an assault is not provocation to that other person for an assault.  
 An arrest which is unlawful is not necessarily provocation for an assault, but 
it may be evidence of provocation to a person who knows of the illegality.  
 For the purposes of this sect ion the expression “an ordinary person” shall 
mean an ordinary person of the community to which the accused belongs.  
Causing death defined  
 199. A person is deemed to have caused the death of another person although his act 
is not the immediate or not the sole cause of death in any of the following cases: - 
(a) if he inflicts bodily injury on another person in consequence of 
which that other person undergoes surgical or medical treatment 
which causes death.  In this case it is  immaterial whether the 
treatmen t was proper or mistaken if it was employed in good faith 
and with common knowledge and skill; but the person inflicting the 
injury is not deemed to have caused the death if the treatment which 
was its immediate cause was not employed in good faith or was so 
employed without common knowledge or skill;  
(b) if he inflicts a bodily injury on another which would not have 
caused death if he injured person has submitted to proper surgical or 
medical treatment or had observed proper precautious as to his mode 
of living;  
(c) if by actual or threatened violence he causes such other person to 
perform an act which causes the death of such person, such act being 
a means of avoiding such violence which in the circumstances would 
appear natural to the person whose death i s so caused;  
(d) if by any act or omission he hastened the death of a person 
suffering under any disease or injury which apart from such act or 
omission would have caused death;  
(e) if his act or omission would not have caused death unless it had 
been acco mpanied by an act or omission of the person killed or of 
other persons.   
 89 Child capable of being killed  
 200. A child becomes a person capable of being killed when it has completely 
proceeded in a living state from the body of its mother, whether it has brea thed or not, 
and whether it has an independent circulation or not, and whether the naval -string is 
severed or not.  
Limitation as to time of death  
 201. A person is not deemed to have killed another if the death of that person does 
not take place within a y ear and a day of the cause of death.  
 Such period is reckoned inclusive of the day on which the last unlawful act 
contributing to the cause of death was done.  
 When the cause of death is an omission to observe or perform a duty, the 
period is reckoned incl usive of the day on which the omission ceased.  
 When the cause of death is in part an unlawful act, and in part an omission to 
observe or perform a duty, the period is reckoned inclusive of the day on which the 
last unlawful act was done or the day on which the omission ceased, whichever is the 
later.  
CHAPTER XX  - Duties Relating to the Preservation of Life and Health  
Persons having charge  
 202. It is the duty of every person having charge of another who is unable by reason 
of age, sickness, unsoundness of mind, detention or any other cause to withdraw 
himself from such charge, and who is unable to provide himself with the necessaries 
of life, whether the charge is undertaken under a contract, or is imposed by law, or 
arises by reason of any act, whether lawful or unlawful, of the person who has such 
charge, to provide for that other person the necessaries of life; and he is held to have 
caused any consequences which result to the life or health of the other person by 
reason of any omission to perform that duty.  
Head of family  
 203. It is the duty of every  person who, as head of a family, has charge of a child 
under the age of fourteen years, being a member of his household, to provide the 
necessaries of life for such child; and he is held to have caused any consequences 
which result to the life or health o f the child by reason of any omission to perform 
that duty, whether the child is helpless or not.  
Masters and mistresses  
 204. It is the duty of every person who as master or mistress has contracted to 
provide necessary food, clothing, or lodging for any servant or apprentice under the 
age of sixteen years to provide the same; and he or she is held to have caused any 
consequences which result to that life or health of the servant or apprentice by reason 
of any omission to perform that duty.   
 90 Person doing da ngerous act  
 205. It is the duty of every person who, except in a case of necessity, undertakes to 
administer surgical or medical treatment to any other person, or to do any other 
lawful act which is or may be dangerous to human life or health, to have rea sonable 
skill and to use reasonable care in doing such act; and he is held to have caused any 
consequences which result to the life or health of any person by reason of nay 
omission to observe or perform that duty.  
Person in charge of dangerous thing  
 206. It is the duty of every person who has in his charge or under his control 
anything, whether living or inanimate, and whether moving or stationary, of such a 
nature that, in the absence of care or precaution in its use or management, the life, 
safety, or h ealth of any person may be endangered, to use reasonable care and take 
reasonable precautious to avoid such danger; and he is held to have caused any 
consequences which result to the life or health of any person by reason of any 
omission to perform that du ty. 
CHAPTER XXI  - Offences Connected with Murder and Suicide  
Attempt to murder  
 207. Any person who - 
(a) attempts unlawfully to cause the death of another, or  
(b) with intent unlawfully to cause the death of another does any act, 
or omits to do any act, wh ich it is his duty to do, such act or omission 
being of such a nature as to be likely to endanger human life,  
is guilty of a felony, and is liable to imprisonment for life.  
Attempt to murder by convict  
 208. Any person who, being under sentence of imprison ment for three years or more, 
attempts to commit murder, is liable to imprisonment for life.  
Accessory after the fact to murder  
 209. Any person who becomes an accessory after the fact to murder is guilty of a 
felony, and is liable to imprisonment for seve n years.  
Written threat to murder  
 210. Any person who, knowing the contents thereof, directly or indirectly causes any 
person to receive any writing threatening to kill any person is guilty of a felony, and 
is liable to imprisonment for seven years.   
 91 Consp iracy to murder  
 211. Any person who conspires with any other person to kill any person, whether 
such person is in Seychelles or elsewhere, is guilty of a felony, and is liable to 
imprisonment for eighteen years.  
Complicity in another’s suicide  
 212. Any person who aids, abets, counsels or procures the suicide of another, or an 
attempt by another to commit suicide, is guilty of a felony and is liable to 
imprisonment for fourteen years.  
Suicide pacts  
 213. (1) It shall be manslaughter, and shall not be murd er, for a person acting in 
pursuance of a suicide pact between him and another to kill the other or be a party to 
the other being killed by a third person.  
  (2) Where it is shown that a person charged with the murder of another 
killed the  other or was a p arty to his being killed, it shall be for the defence to prove 
that the person charged was acting in pursuance of a suicide pact between him and the 
other.  
  (3) For the purposes of this section “suicide pact” means a common 
agreement between two or more p ersons having for its object the death of all of them, 
whether or not each is to take his own life, but nothing done by a person who enters 
into a suicide pact shall be treated as done by him in pursuance of the pact unless it is 
done while he has the sett led intention of dying in pursuance of the pact.  
Infanticide  
 214. Where a woman by any willful act or omission causes the death of her child 
being a child under the age of twelve months, but at the time of the act or omission 
the balance of her mind was disturbed by reason of her not having fully recovered 
from the effect of giving birth to the child or by reason of the effect of lactation 
consequent upon the birth of the child, then, notwithstanding that the circumstances 
were such that but for this sect ion the offence would have amounted to murder, she 
shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with 
and punished as if she had been guilty of the offence of manslaughter of the child.  
Killing unborn child  
 215. Any p erson who when a woman is about to be delivered of a child, prevents the 
child from being born alive by any act or omission of such a nature that, if the child 
had been born alive and had then died, he would be deemed to have unlawfully killed 
the child, i s guilty of a felony and is liable to imprisonment for life.  
Concealment of birth  
 216. Any person who, when a woman is delivered of a child, endeavours, by any 
secret disposition of the dead body of the child to conceal the birth, whether the child  
 92 died b efore, at, or after its birth, is guilty of the misdemeanour of concealment of 
birth and is liable to imprisonment for two years.  
CHAPTER XXII  - Offences Endangering Life or Health  
Disabling with intent to commit crime  
 217. Any person who, by any means ca lculated to choke, suffocate or strangle, and 
with intent to commit or to facilitate the commission of a felony or misdemeanour, or 
to facilitate the flight of an offender after the commission or attempted commission of 
a felony or misdemeanour, renders or  attempts to render any person incapable of 
resistance, is guilty of a felony, and is liable to imprisonment for life.  
Stupefying with intent  
 218. Any person who, with intent to commit or to facilitate the commissioner of a 
felony or misdemeanour, or to f acilitate the flight of an offender after the commission 
or attempted commission of a felony or misdemeanour, administers or attempts to 
administer any stupefying or overpowering drug or thing to any person, is guilty of a 
felony, and is liable to imprison ment for life.  
Acts intended to cause grievous harm or to prevent arrests  
 219. Any person who, with intent to maim, disfigure or disable any person, or to do 
some grievous harm to any person, or to resists or prevent the lawful arrest or 
detention of any person - 
(a) unlawfully wounds or does any grievous harm to any person by 
any mean whatever; or  
(b) unlawfully attempts in any manner to strike any person with any 
kind of projectile or with a spear, sword, knife, or other dangerous or 
offensive weapon; or  
(c) unlawfully causes any explosive substance to explode or;  
(d) sends or delivers any explosive substance or other dangerous or 
noxious thing to any person; or  
(e) causes any such substance or thing to be taken or received by any 
person; or  
(f) puts any corrosive fluid or any destructive or explosive substance 
in any place; or  
(g) unlawfully casts or throws any such fluid or substance at or upon 
any person, or otherwise applies any such fluid or substance to the 
person of any person,  
is guilty of a felony , and is liable to imprisonment for life.   
 93 Preventing escape from wreck  
 220. Any person who unlawfully - 
(a) prevents or obstructs any person who is on board of, or is 
escaping from, a vessel which is in distress or wrecked, in his 
endeavours to save his li fe; or  
(b) obstructs any person in his endeavours to save the life of any 
person so situated;  
is guilty of a felony, and is liable to imprisonment for life.  
Grievous harm  
 221. Any person who unlawfully does grievous harm to another is guilty of a felony, 
and is liable to imprisonment for ten years.  
Placing explosive with intent  
 222. Any person who unlawfully, and with intent to do any harm to another, puts any 
explosive substance in any place whatever, is guilty of a felony, and is liable to 
imprisonment for fourteen years.  
Administering poison  
 223. Any person who unlawfully, and with intent to injure or annoy another, causes 
any poison or noxious thing to be administered to, or taken by, any person, and 
thereby endangers his life, or does him some grievo us harm, is guilty of a felony, and 
is liable to imprisonment for fourteen years.  
Unlawful wounding or poisoning  
 224. Any person who - 
(a) unlawfully wounds another; or  
(b) unlawfully, and with intent to injure or annoy any person, causes 
any poison or oth er noxious thing to be administered to, or taken by, 
any person,  
is guilty of a felony, and is liable to imprisonment for seven years.  
Failure to supply necessaries  
225. Any person who, being charged with the duty of providing for another the 
necessaries o f life, without lawful excuse fails to do so, whereby the life of that other 
person is or is likely to be permanently injured, is guilty of a felony, and is liable to 
imprisonment for three years.   
 94 Surgical operation  
 226. A person is not criminally respons ible for performing in good faith and with 
reasonable care and skill a surgical operation upon any person for his benefit, or upon 
an unborn child for the preservation of the mother’s life, if the performance of the 
operation is reasonable, having regard t o the patient’s state at the time, and to all the 
circumstances of the case.  
Excess of force  
 227. Any person authorised by law or by the consent of the person injured by him to 
use force is criminally responsible for any excess, according to the nature an d quality 
of the act which constitutes the excess.  
Consent  
 228. Notwithstanding anything contained in section 227, consent by a person to the 
causing of his own death or his own maim does not affect the criminal responsibility 
of any person by whom such d eath or maim is caused.  
CHAPTER XXIII  - Criminal Recklessness and Negligence  
Reckless and negligent acts  
 229. Any person who in a manner so rash or negligent as to endanger human life or 
to be likely to cause harm to any person - 
(a) drives any vehicle or rides on any public way; or  
(b) navigates, or takes part in the navigation or working of, any 
vessel; or  
(c) does any act with fire or any combustible matter, or omits to take 
precautions against any probable danger from any fire or any 
combustible matter in his possession; or  
(d) omits to take precaution against any probable danger from any 
animal in his possession; or  
(e) gives medical or surgical treatment to any person whom he has 
undertaken to treat; or  
(f) dispenses, supplies, sells, administers, or gives away any medicine 
or poisonous or dangerous matter; or  
(g) does any act with respect to, or omits to take proper precautions 
against any probable danger from, any machinery of which he is 
solely or partly in charge; or  
(h) does any act with respect t o, or omits to take proper precautious 
against any probable danger from, any explosive in his possession,   
 95 is guilty of a misdemeanour.  
Other negligent acts causing harm  
 230. Any person who unlawfully does any act, or omits to do any act which it is his 
duty to do, not being an act or omission specified in section 229, by which act or 
omission harm is caused to any person, is guilty of a misdemeanour, and is liable to 
imprisonment for six months.  
Dealing in poisonous substances in negligent manner  
 231. Whoever does with any poisonous substance any act in a manner so rash or 
negligent as to endanger human life, or to be likely to cause hurt or injury to any other 
person, or knowingly or negligently omits to take such care with any poisonous 
substance in his possession as is sufficient to guard against probable danger to human 
life from such poisonous substance, is guilty of a misdemeanour, and is liable to 
imprisonment for six months, or to a fine of Rs.1,000.  
Exhibition of false lights, mark or buoy  
 232. Any person who exhibits any false light, mark or buoy, intending or knowing it 
to be likely that such exhibition will mislead any navigator, is liable to imprisonment 
for seven years.  
Unsafe or overloaded vessel  
 233. Any person who knowingly conveys, or cau se to be conveyed for hire, any 
person by water in any vessel, when that vessel is in such a state or so loaded as to be 
unsafe, is guilty of a misdemeanour.  
Obstructing public way or navigation  
 234. Any person who by doing any act, or by omitting to take  reasonable care with 
any property in his possession or under his charge, causes danger, obstruction or 
injury to any person in any public way or public line of navigation, is liable to a fine.  
CHAPTER XXIV  - Assaults  
Common assault  
 235. Any person who un lawfully assaults another is guilty of a misdemeanour, and, 
if the assault is not committed in circumstances for which a greater punishment is 
provided in this Code, is liable to imprisonment for two years.  
Assaults occasioning actual bodily harm  
 236. Any person who commits an assault occasioning actual bodily harm is guilty of 
a felony, and is liable to imprisonmerit for seven years.   
 96 Assaults on persons protecting wrecks  
 237. Any person who assaults and strikes or wounds any magistrate, officer, or other  
person lawfully authorised in or on account of the execution of his duty in or 
concerning the preservation of any vessel in distress, or of any vessel or goods or 
effects wrecked, stranded, or cast on shore, or lying under water, is guilty of a felony, 
and is liable to imprisonment for seven years.  
Assaults punishable with five years’ imprisonment  
 238. Any person who - 
  (a) assaults any person with intent to commit a felony or to resist or 
prevent the lawful apprehension or detainer of himself or of any other 
person for any offence; or  
  (b) assaults, resists, or willfully obstructs any police officer in the 
due execution of  his duty, or any person acting in aid of such officer; 
or 
  (c) assaults any person in pursuance of any unlawful combination or 
conspiracy to raise the rates of wages, or respecting any trade, 
business, or manufacture or respecting any person concerned or  
employed therein; or  
  (d) assaults, resists, or obstructs any person engaged in the lawful 
execution of process, or in making a lawful distress, with intent to 
rescue any property lawfully taken under such process or distress; or  
  (e) assaults any person on account of any act done by him in the 
execution of any duty imposed on him by law,  
is guilty of a felony, and is liable to imprisonment for seven years.  
CHAPTER XXV  - Offences Against Liberty  
Definition of Kidnapping from Seychelles  
 239. Any per son who conveys any person beyond the limits of Seychelles without 
the consent of that person, or of some person legally authorised to consent on behalf 
of that person, is said to kidnap that person from Seychelles.  
Kidnapping from lawful guardianship  
 240. Any person who takes or entices any minor under fourteen years of age if a 
male, or under sixteen years of age if a female, or any person of unsound mind, out of 
the keeping of the lawful guardian of such minor or person of unsound mind, without 
the cons ent of such guardian, is said to kidnap such minor or person from lawful 
guardianship.   
 97 Abduction  
 241. Any person who by force compels, or by any deceitful means induces, any 
person to go from any place, is said to abduct that person.  
Punishment for kidnap ping 
 242. Any person who kidnaps any person from Seychelles or from lawful 
guardianship, is guilty of a felony, and is liable to imprisonment for ten years.  
Kidnapping or abducting with intent to murder  
243. Any person who kidnaps or abducts any person in  order that such person may be 
murdered, or may be so disposed of as to be put in danger of being murdered, is 
guilty of a felony, and is liable to imprisonment for fourteen years.  
Kidnapping with intent wrongfully to confine  
244. Any person who kidnaps or  abducts any person with intent to cause that person 
to be secretly and wrongly confined, is guilty of a felony, and is liable to 
imprisonment for seven years.  
Kidnapping with intent to do harm, slavery, etc . 
245. Any person who kidnaps or abducts any pers on in order that such person may be 
subjected, or may be so disposed of as to be put in danger of being subjected, to 
grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be 
likely that such person will be so subjected or dis posed of, is guilty of felony, and is 
liable to imprisonment for fourteen years.  
Wrongfully concealing kidnapped person  
246. Any person who, knowing that any person has been kidnapped or has been 
abducted, wrongfully conceals or confines such person, is gu ilty of a felony, and shall 
be punished in the same manner as if he had kidnapped or abducted such person with 
the same intention or knowledge, or for the same purpose, as that with or for which he 
conceals or detains such person in confinement.  
Kidnapping  child with intent to steal  
247. Any person who kidnaps or abducts any child under the age of fourteen years 
with the intention of taking dishonestly and movable property from the person of such 
child, is guilty of a felony, and is liable to imprisonment f or ten years.  
Punishment for wrongful confinement  
248. Whoever wrongfully confines any person is guilty of a misdemeanour, and is 
liable to imprisonment for one year or to a fine of Rs.5,000.   
 98 Buying or disposing of a person as slave  
249. Any person who imports, exports, removes, buys, sells or disposes of any person 
as a slave, or accepts, receives or detains against his will any person as a slave, is 
guilty of a felony, and is liable to imprisonment for ten years.  
Slave dealing  
250. Any person who habitually imports, exports, removes, buys, sells, traffics or 
deals in slaves is guilty of a felony, and is liable to imprisonment for fourteen years.  
Forced labour  
251. Any person who unlawfully compels any person to labour against the will of that 
perso n is guilty of a misdemeanour and is liable to imprisonment for three years.  
Division V – Offences Relating to Property  
CHAPTER XXVI  - Theft  
Things capable of being stolen  
252. Every inanimate thing whatever which is the property of any person, and which 
is movable, is capable of being stolen.  
 Every inanimate thing which is the property of any person, and which is 
capable of being made movable, is capable of being stolen as soon as it becomes 
movable, although it is made movable in order to steal it.  
 Every tame animal, whether tame by nature or wild by nature and tamed, 
which is the property of any person, is capable of being stolen.  
 Animals wild by nature, of a kind which is not ordinarily found in a 
condition of natural liberty in Seychelles, which are the property of any person, and 
which are usually kept in a state of confinement, are capable of being stolen, whether 
they are actually in confinement or have escaped from confinement.  
 Animals wild by nature, of a kind which is ordinarily found in a cond ition of 
natural liberty in Seychelles, which are the property of any person, are capable of 
being stolen while they are in confinement and while they are being actually pursued 
after escaping from confinement, but not at any other time.  
 An animal wild by  nature is deemed to be in a state of confinement so long 
as it is in a den, cage, sty, tank, or other small enclosure, or is otherwise so placed that 
it cannot escape, and that its owner can take possession of it at pleasure.  
 Wild animals in the enjoymen t of their natural liberty are not capable of 
being stolen, but their dead bodies are capable of being stolen.  
 Everything produced by or forming part of the body of an animal capable of 
being stolen is capable of being stolen.   
 99 Definition of theft  
253. (1) A person who fraudulently and without claim of right takes anything capable 
of being stolen, or fraudulently converts to the use of any person other than the 
general or special owner thereof anything capable of being stolen, is said to steal that 
thing.  
  (2) A person who takes or converts anything capable of being stolen is 
deemed to do so fraudulently if he does so with any of the following intents, that is to 
say:- 
(a) an intent permanently to deprive the general or special owner of 
the thing, of it;  
(b) an intent to use the thing as a pledge or security;  
(c) an intent to part with it on a condition as to its return which the 
person taking or converting it may be unable to perform;  
(d) an intent to deal with it in such a manner that it cannot be 
returned  in the condition in which it was at the time of the taking or 
conversion;  
(e) in the case of money, an intent to use it at the will of the person 
who takes or converts it, although he may intend afterwards to repay 
the amount to the owner.  
 The term “Spec ial owner” includes any person who has any charge or lien 
upon the thing in question, or any right arising from or dependent upon holding 
possession of the thing in question.  
  (3) When a thing stolen is converted, it is immaterial whether it is taken for 
the purpose of conversion, or whether it is at the time of the conversion in the 
possession of the person who converts it.  It is also immaterial that the person who 
converts the thing in question is the holder of a power of attorney for the disposition 
of it, or is otherwise authorised to dispose of it.  
  (4) When a thing converted has been lost by the owner and found by the 
person who converts it, the conversion is not deemed to be fraudulent if at the time of 
the conversion the person taking or convertin g the thing does not know who is the 
owner, and believes on reasonable grounds that the owner cannot be discovered.  
  (5) A person shall not be deemed to take a thing unless he moves the thing 
or causes it to move.  
Special cases  
254. (1) When a factor or agent pledges or gives a lien on any goods or document of 
title to goods entrusted to him for the purpose of sale or otherwise for any sum of 
money not greater than the amount due to him from his principal at the time of 
pledging or giving  the lien, together with the amount of any bill of exchange or  
 100 promissory note accepted or made by him for or on account of his principal, such 
dealing with the goods or document of title is not deemed to be theft.  
  (2) When a servant, contrary to his mas ter’s orders, takes from his 
possession any food in order that it may be given to an animal belonging to or in the 
possession of his master, such taking is not deemed to be theft.  
Funds held on trust or under direction  
255. When a person receives, either alone or jointly with another person, any money 
or valuable security or a power of attorney for the sale, mortgage, pledge, or other 
disposition of any property, whether capable of being stolen or not, with a direction in 
either case that such money or any  part thereof, or any other money received in 
exchange for it, or any part thereof, or the proceeds or any part of the proceeds of 
such security or of such mortgage, pledge, or other disposition, shall be applied to any 
purpose or paid to any person specif ied in the direction, such money and proceeds are 
deemed to be the property of the person from whom the money, security, or power of 
attorney was received until the direction has been complied with.  
Funds received by agents for sale  
256. When a person rece ives, either alone or jointly with another person, any property 
from another on terms authorizing or requiring him to sell it or otherwise dispose of 
it, and requiring him to pay or account for the proceeds of the property, or any part of 
such proceeds or to deliver anything received in exchange for the property to the 
person from whom it is received, or some other person, then the proceeds of the 
property, and anything so received in ex -Change for it, are deemed to be the property 
of the person from whom t he property was so received, until they have been disposed 
of in accordance with the terms on which the property was received, unless it is a part 
of those terms that the proceeds, if any, shall form an item in a debtor and creditor 
account for them, and t he relation of debtor and creditor only shall exist between 
them in respect thereof.  
Money received for another  
257. When a person receives, either alone or jointly with another person, any money 
on behalf of another, the money is deemed to be the property  of the person on whose 
behalf it is received unless the money is received on the terms that it shall form an 
item in a debtor and creditor account, and that the relation of debtor and creditor only 
shall exist between the parties in respect of it.  
Theft b y owner  
258. When any person takes or converts anything capable of being stolen, under such 
circumstances as would otherwise amount to theft, it is immaterial that he himself has 
a special property or interest therein, or that he himself is the owner of th e thing taken 
or converted subject to some special property or interest of some other person therein, 
or that he is lessee of the thing, or that he himself is one of two or more joint owners 
of the thing, or that he is a director or officer of a corporatio n or company or society 
who are the owners of it.   
 101 Husband and wife  
259. A person who, while a man and his wife are living together, procures either of 
them to deal with anything which is, to his knowledge, the property of the other in a 
manner which would be theft if they were not married, is deemed to have stolen the 
thing, and may be charged with theft.  
General punishment for theft  
260. A person who steals anything capable of being stolen is guilty of the felony 
termed theft, and is liable, unless owing t o the circumstances of the theft or the nature 
of the thing stolen some other punishment is provided, to imprisonment for seven 
years.  
Stealing wills  
261. If the thing stolen is a testamentary instrument, whether the testator is living or 
dead, the offende r is liable to imprisonment for ten years.  
Stealing postal matter  
262. If the thing stolen is postal matter or any chattel, money, or valuable security 
contained in any postal matter, the offender is liable to imprisonment for ten years.  
Stealing cattle  
263. If the thing stolen is any of the things following, that is to say: a horse, mare, 
gelding, ass, mule, bull, cow, ox, ram, wether, goat or pig, or the young of any such 
animal, the offender is liable to imprisonment for seven years.  
Stealing from the pe rson, in transit, etc.  
264. If a theft is committed under any of the circumstances following, that is to say - 
(a) if the thing is stolen from the person of another;  
(b) if the thing is stolen in a dwelling -house, and its value exceeds 
Rs.60, or the offende r at or immediately before or after the time of 
stealing uses or threatens to use violence to any person in the 
dwelling -house;  
(c) if the thing is stolen from any kind of vessel or vehicle or place of 
deposit used for the conveyance or custody of goods in  transit from 
one place to another;  
(d) if the thing is stolen from a vessel which is in distress or wrecked 
or stranded;  
(e) if the thing is stolen from a public office in which it is deposited 
or kept;   
 102 (f) if the offender, in order to commit the offence,  opens any locked 
room, box, or other receptacle, by means of a key or other 
instrument.  
the offender is liable to imprisonment for ten years.  
Stealing by public servants.  
265. If the offender is a person employed n the public service and the thing stolen is 
the property of the Republic or came into the possession of the offender by virtue of 
his employment, he is liable to imprisonment for ten years.  
Stealing by clerks or servants  
266. If the offender is a clerk or servant, and the thing stolen is the prop erty of his 
employer, or came into the possession of the offender on account of his employer, he 
is liable to imprisonment for ten years.  
Stealing by directors or officers of companies  
267. If the offender is a director or officer of a corporation or compa ny, and the thing 
stolen is the property of the corporation or company, he is liable to imprisonment for 
ten years.  
Stealing by agents  
268. If the thing stolen is any of the things following, that is to say - 
(a) property which has been received by the offe nder with a power of 
attorney for the disposition thereof;  
(b) property which has been entrusted to the offender either alone or 
jointly with any other person for him to retain in safe custody or to 
apply, pay, or deliver for any purpose or to any person the same or 
any part thereof or any proceeds thereof;  
(c) property which has been received by the offender either alone or 
jointly with any other person for or on account of any other person;  
(d) the whole or part of the proceeds of any valuable security w hich 
has been received by the offender with a direction that the proceeds 
thereof should be applied to any purpose or paid to any person 
specified in the direction;  
(e) the whole or part of the proceeds arising from any disposition of 
any property which ha ve been received by the offender by virtue of a 
power of attorney for such disposition, such power of attorney having 
been received by the offender with a direction that such proceeds 
should be applied to any purpose or paid to any person specified in 
the direction,   
 103 the offender is liable to imprisonment for ten years.  
Stealing by tenants or lodgers  
269. If the thing stolen is a fixture or chattel let to the offender to be used by him with 
a house or lodging, and its value exceeds Rs.60, he is liable to imp risonment for 
seven years.  
Stealing after previous conviction  
270. If on the conviction of a person for theft under section 260 of this Code, he 
admits or it is proved that before committing such theft he had been convicted of a 
theft under the said sectio n, he shall be liable to imprisonment for ten years.  
CHAPTER XXVII  - Offences Allied to Stealing  
Concealing registers  
271. Any person who, with intent to defraud, conceals or takes from its place of 
deposit any register which is authorised or required by l aw to be kept for 
authenticating or recording the title to any Property, or for recording births, baptisms, 
marriages, deaths or burials, or a copy of any part of any such register which is 
required by law to be sent to any public office, is guilty of a fe lony, and is liable to 
imprisonment for ten years.  
Concealing wills  
272. Any person who, with intent to defraud, conceals any testamentary instrument, 
whether the testator is living or dead, is guilty of a felony, and is liable to 
imprisonment for ten years.  
Concealing title deeds  
273. Any person who, with intent to defraud, conceals the whole or part of any 
document which is evidence of title to any land or estate in land, is guilty of a felony, 
and is liable to imprisonment for three years.  
Killing an imal with intent to steal  
274. Any person who kills any animal capable of being stolen with intent to steal the 
skin or carcass, or any part of the skin or carcass, is guilty of an offence, and is liable 
to the same punishment as if he had stolen the anima l. 
Severing with intent to steal  
275. Any person who makes anything movable with intent to steal it is guilty of an 
offence, and is liable to the dame punishment as if he had stolen the thing after it had 
become movable.   
 104 Fraudulent disposal of mortgaged go ods 
276. (1) Any person who, being mortgagor of mortgaged goods, removes or disposes 
of the goods without the consent of the mortgagee, and with intent to defraud, is 
guilty of a misdemeanour.  
  (2) In this section the term “mortgaged goods” includes any g oods and 
chattels of any kind, and any animals, and any progeny of any animals, and any crops 
or produce of the soil, whether growing or severed, which are subject for the time 
being, by virtue of the provisions of any Act or of any written instrument, to a valid 
charge or lien by way of security for any debt or obligation.  
Fraudulent dealing with ores  
277. Any person who takes, conceals, or otherwise disposes of any ore or any metal 
or mineral in or about a mine, with intent to defraud any person, is guilt y of a felony, 
and is liable to imprisonment for five years.  
Fraudulent appropriation of power  
278. Any person who fraudently abstracts or diverts to his own use or to the use of 
any other person any mechanical, illuminating, or electrical power derived fr om any 
machine, apparatus, or sub -stance the property of another person, is guilty of a felony, 
and is liable to imprisonment for five years.  
Unlawful use of vehicles, animals, etc.  
279. Any person who unlawfully and without colour of right, but not so as to be 
guilty of stealing, takes or converts to his own use or to the use of any other person, 
any draught or riding animal or any vehicle or cycle, however propelled, or any 
vessel, shall be guilty of a misdemeanour and shall be liable to imprisonment for six 
months, or to a fine of Rs.500 or to both such imprisonment and such fine.  
CHAPTER XXVIII  - Robberty and Extortion  
Definition of robbery  
280. Any person who steals anything, and, at or immediately before or immediately 
after the time of stealing it, us es or threatens to use actual violence to any person or 
property in order to obtain or retain the thing stolen or to prevent or overcome 
resistance to its being stolen or retained, is guilty of the felony termed “robbery”.  
Punishment of robbery  
281. Any pe rson who commits the felony of robbery is liable to imprisonment for 
eighteen years.  
  If the offender is armed with any dangerous or offensive weapon or 
instrument, or is in company with one or more other person or persons, or if, at   
 105 Attempted robbery  
282. Any person who assaults any person with intent to steal anything, and, at or 
immediately before or immediately after the time of the assault, uses or threatens to 
use actual violence to any person or property in order to obtain the thing intended to 
be stolen, or to prevent or overcome resistance to its being stolen, is guilty of a 
felony, and is liable to imprisonment for fourteen years.  
  If the offender is armed with any dangerous or offensive weapon or 
instrument, or is in company with one or more other person or persons, or if, at or 
immediately before or immediately after the time of the assault, he wounds, beats, 
strikes, or uses any other personal violence to any person, he is liable to imprisonment 
for life.  
Assault with intent to steal  
283. Any person who assaults any person with intent to steal anything is guilty of a 
felony, and is liable to imprisonment for ten years.  
Demanding property by written threat  
284. Any person who, with intent to extort or gain anything from any person, and 
knowing  the contents of the writing, causes any person to receive any writing 
demanding anything from any person without reasonable or probable cause, and 
containing threats of any injury or detriment of any kind to be caused to any person, 
either by the offender  or any other person, if the demand is not complied with, is 
guilty of a felony, and is liable to imprisonment for eighteen years.  
Threatening to accuse of crime with intent to extort  
285. Any person who with intent to extort or gain anything from any pers on- 
(a) accuses or threatens to accuse any person of committing any 
felony or misdemeanour, or of offering or making any solicitation or 
threat to any person as an inducement to commit or permit the 
commission of any felony or misdemeanour; or  
(b) threaten s that any person shall be accused by any other person of 
any felony or misdemeanour, or of any such act; or  
(c) knowing the contents of the writing, causes any person to receive 
any writing containing any such accusation or threat as aforesaid,  
is guilty of a felony, and if the accusation or threat of accusation is of - 
(i) an offence for which the punishment of imprisonment for 
life may be inflicted; or  
(ii) any of the offences defined in Chapter XV, or an attempt 
to commit any of such offences; or   
 106 (iii) an assault with intent to have carnal knowledge of any 
person against the order of nature, or an unlawful and 
indecent assault upon a male person; or  
(iv) a solicitation or threat offered or made to any person as 
an inducement to commit or permit the commis sion of any of 
the offences aforesaid  
the offender is liable to imprisonment for eighteen years . 
In any other case the offender is liable to imprisonment for three years.  
It is immaterial whether the person accused or threatened to be accused has or 
has n ot committed the offence or act of which he is accused or threatened to be 
accused.  
Procuring execution of deed by threats  
286. Any person who, with intent to defraud, and by means of any unlawful violence 
to, or restraint of, the person of another, or by means of any threat of violence or 
restraint to be used to the person of another, or by means of accusing or threatening to 
accuse any person committing any felony or misdemeanour, or by offering or making 
any solicitation or threat to any person as an ind ucement to commit or permit the 
commission of nay offence, compels or induces any person - 
(a) to execute, make, accept, indorse, alter, or destroy the whole or 
any part of any valuable security, or  
(b) to write any name or impress or affix any seal upon or  to any 
paper or parchment, in order that it may be afterwards made or 
converted into or used or dealt with as a valuable security,  
is guilty of a felony, and is liable to imprisonment for eighteen years.  
Demanding thing with threats with intent to steal  
 287. Any person who, with intent to steal any valuable thing, demands it from any 
person with menaces or force, is guilty of a felony, and is liable to imprisonment for 
ten years.  
CHAPTER XXIX   - Burglary, Housebreaking and Similar Offences  
Definition of b reaking and entering  
 288. A person who breaks any part, whether external, or internal, of a building, or 
opens by unlocking, pulling, pushing, lifting, or any other means whatever, any door, 
window, shutter, cellar, flap, or other thing, intended to close  or cover an opening in a 
building, or an opening giving passage from one part of a building to another, is 
deemed to break the building.  
  A person is deemed to enter a building as soon as any part of his body or  
 107 any part of any instrument used by him in within the building.  
 A person who obtains entrance into a building by means of any threat or 
artifice used for that purpose, or by collusion with any person in the building, or who 
enters any chimney or other aperture of the building permanently left open  for any 
necessary purpose, but not intended to be ordinarily used as a means of entrance, is 
deemed to have broken and entered the building.  
Breaking and entering dwelling -houses, etc.  
 289. Any person who - 
(a) breaks and enters any building, tent or vessel used as a human 
dwelling with intent to commit a felony therein; or  
(b) having entered any building, tent or vessel used as a human 
dwelling with intent to commit a felony therein, or having committed 
a felony in any such building, tent, or vessel, breaks out thereof,  
is guilty of a felony termed “housebreaking” and is liable to imprisonment for 
ten years.  
If the offence is committed in the light, it is termed “burglary” and the 
offender is liable to imprisonment for fourteen years.  
Entering dwelling -house with intent  
 290. Any person who enters or is in any building, tent or vessel used as a human 
dwelling with intent to commit a felony therein, is guilty of a felony, and is liable to 
imprisonment for seven years.  
  If the offence is committed in the  night, the offender is liable to 
imprisonment for fourteen years.  
Breaking into shop, etc., and committing felony  
 291. Any person who - 
(a) breaks and enters a schoolhouse, shop, warehouse, store, office, 
or counting -house, or a building which is adjacent  to a dwelling 
house, garage, pavilion club, factory, workshop and occupied with it 
but is no part of it, or any building used as a place of worship, and 
commits a felony therein; or  
(b) having committed a felony in a schoolhouse, shop, warehouse, 
store, o ffice, garage, pavilion, club, factory, workshop, or counting -
house, or in any such other building as last mentioned, breaks out of 
the building,  
is guilty of a felony, and is liable to imprisonment for fourteen years.   
 108 Breaking into shop, etc., with intent  
292. Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, 
garage, pavilion, club, factory, workshop or counting -house, or a building which is 
adjacent to a dwelling -house and occupied with it but is no part of it, or any buildin g 
used as a place of worship, with intent to commit a felony therein, is guilty of a 
felony, and is liable to imprisonment for five years.  
Armed, etc., with intent to commit felony  
 293. Any person who is found under any of the circumstances following, tha t is to 
say- 
  (a) being armed with any dangerous or offensive instrument, and 
being so armed with intent to break or enter a dwelling house, and to 
commit a felony therein;  
  (b) being armed as aforesaid by night, and being so armed with 
intent to break o r enter any building whatever, and to commit a 
felony therein;  
  (c) having in his possession by night without lawful excuse, the 
proof of which lies on him, any instrument of housebreaking;  
  (d) having in his possession by day any such instrument with in tent 
to commit a felony;  
  (e) having his face masked or blackened or being otherwise 
disguised, with intent to commit a felony;  
  (f) being in any building whatever by night with intent to commit a 
felony;  
  (g) being in any building whatever by day with intent to commit a 
felony therein, and having taken precautions to conceal his presence,  
is guilty of a felony, and is liable to imprisonment for seven years.  
If the offender has been previously convicted of a felony relating to property, 
he is liable to imprisonment for ten years.  
Criminal trespass  
 294. Any person who - 
(1) enters into or upon property in the possession of another contrary 
to the will of any person lawfully in possession of such property or 
who having entered into or upon property in the possession of 
another remains in or upon the same contrary to the will of any 
person lawfully in possession of such property, or   
 109 (2) enters into or upon property in the possession of another with 
intent to commit an offence or to intimidate, insult or anno y any 
person lawfully in possession of such property or who having 
lawfully entered into or upon such property unlawfully remains there 
with intent thereby to intimidate, insult or annoy any such person or 
with intent to commit any offence.  
is guilty of a misdemeanour and is liable to imprisonment for three years.  
If the property upon which the offence is committed is any vessel or any 
building or tent used as a human dwelling or any building used as a place of worship 
or as a place for the custody of prope rty, the offender is liable to imprisonment for 
five years.  
Forfeiture of housebreaking instruments  
 295. When any person is convicted of an offence under this chapter the court may 
order that any dangerous or offensive weapon or instrument of house -breaking carried 
or used in connection with any such offence shall be forfeited to the Republic.  
CHAPTER XXX   -False Pretences  
Definition of a false pretence  
 296. Any representation made by words, writing or conduct, of a matter of fact, 
either past  or present, which representation is false in fact, and which the person 
making it knows to be false or does not believe to be true, is a false pretence:  
  Provided however that, a person who enters into a contract without 
intending to perform his obligati ons thereunder shall be deemed to make a false 
pretence.  
Obtaining goods by false pretence  
 297. Any person who by any false pretence, and with intent to defraud, obtains from 
any other person anything capable of being stolen, or induces any other person t o 
deliver to any person anything capable of being stolen, is guilty of a misdemeanour, 
and is liable to imprisonment for three years.  
Obtaining execution of security by false pretence  
 298. Any person who by any false pretence, and with intent to defraud, induces any 
person to execute, make, accept, indorse, alter, or destroy the whole or nay part of any 
valuable security, or to write any name or impress, or affix any seal upon or to any 
paper or parchment in order that it may be afterwards made or converte d into or used 
or dealt with as a valuable security, is guilty of a misdemeanour, and is liable to 
imprisonment for three years.  
Cheating  
 299. Any person who by means of any fraudulent trick or device obtains from any  
 110 other person anything capable of bein g stolen or induces any other person to deliver 
to any person anything capable of being stolen or to pay or deliver to any person any 
money or goods or any greater sum of money or greater quantity of goods than he 
would have paid or delivered but for such trick or devices, is guilty of a 
misdemeanour, and is liable to imprisonment for three years.  
Issuing cheque without provision  
299A(1)  Any person who - 
(a) issues a cheque on a bank, within or outside Seychelles, for the 
payment of which cheque there is no,  or no sufficient, pre -existing, 
adequate or free provision; or  
(b) after the issue of a cheque, withdraws, whether within or outside 
Seychelles, all or part of any provision for the payment of such 
cheque or stops payment thereof; or  
(c) in any way preven ts the payee of any cheque from effecting 
payment thereof,  
shall be guilty of an offence and liable on conviction to imprisonment for five 
years or to a fine of Rs.50,000 or to both such imprisonment and fine.  
  (2) A prosecution shall not be commenced in respect of an offence under 
subsection (1)(a) of this section unless the payee of the cheque, within one month of 
the date of such cheque, makes a complaint to the Police or to the Attorney General.  
Obtaining credit by false pretence  
 300. Any person who - 
  (a) in incurring any debt or liability obtains credit by any false 
pretence or by means of any other fraud; or  
  (b) with intent to defraud his creditors or any of them makes or 
causes to be made any gift, delivery, or transfer of or any charge on 
his pr operty; or  
  (c) with intent to defraud his creditors or any of them, sells or 
removes any part of his property since or within two months before 
the date of any unsatisfied judgment or order for payment of money 
obtained against him,  
is guilty of a misdem eanour, and is liable to imprisonment for one year.  
Conspiracy to defraud   
301. Any person who conspires with another by deceit or any fraudulent means to 
affect the market price of anything publicly sold, or to defraud the public, or any 
person, whether a  particular person or not, or to extort any property from any person,  
 111 is guilty of a misdemeanour, and is liable to imprisonment for three years.  
Frauds on sale or mortgage of property  
 302. Any person who, being a seller or mortgagor of any property, or being the 
pleader or agent of any such seller or mortgagor, with intent to induce the purchaser 
or mortgagee to accept the title offered or produced to him, and with intent to 
defraud - 
(a) conceals from the purchaser or mortgagee any instrument material 
to the title, or any incumbrance; or  
(b) falsifies any pedigree on which the title depends or may depend; 
or 
(c) makes any false statement as to the title offered or conceals any 
fact material thereto,  
is guilty of a misdemeanour, and is liable to imprisonme nt for two years.  
Pretending to deal in witchcraft and offences connected therewith  
 303. (1) Any person who - 
(a) pretends to deal in witchcraft; or  
(b) pretends to tell fortunes; or  
(c) uses or pretends to use subtle craft, means or device by witchcraft, 
charms or other like superstitious means, to deceive or to impose 
upon any other person or to cause fear, annoyance or injury to 
another in mind, person or property; or  
(d) employs or solicits any person to advise him on any matter for 
any purpose whatsoev er by witchcraft, non -natural or other like 
superstitious means; or  
(e) has in his possession any charm or poison or thing which he 
intends for use either by himself or by some other person for the 
purpose of any act punishable under paragraph (a), (b) or (c) of this 
subsection,  
is guilty of a misdemeanour.  
  (2) A person found in possession of anything commonly used for the 
purpose of an act punishable under paragraph (a), (b), or (c) of such purpose unless 
and until the contrary be proved.  
  (3) Any perso n who shall receive or obtain any consideration whatsoever or 
the promise thereof for or in respect of the doing by such person of any act punishable 
under paragraphs (a), (b) or (c) of subsection (1) shall, if he has actually received  
 112 such consideration, be deemed guilty of the offence of obtaining by false pretences, 
and if he has not actually received such consideration but only the promise thereof, be 
deemed guilty of the offence of attempting to obtain by false pretences and shall be 
liable upon convic tion to punishable accordingly.  
  Any agreement for the giving of any consideration for or in respect of the 
doing of any act punishable as aforesaid shall be null and void.  
Obtaining registration by false pretence  
 304. Any person who willfully procures or attempts to procure for himself or any 
other person any registration, licence or certificate under any law by any false 
pretence, is guilty of a misdemeanour, and is liable to imprisonment for one year.  
False declaration for passport  
 305. Any person wh o makes a statement which is to his knowledge untrue for the 
purpose of procuring a passport, whether for himself or for any other person, is guilty 
of a misdemeanour.  
Possession of unauthorized weights, measures  
 306. (1) Any trader who shall have in his warehouse, manufactory, shop, counting -
house, backshop or place of business any weights or measures of length and of 
capacity not duly or marked by the officer or officers appointed for that purpose by 
the President under the laws for the time being in for ce regulating weights and 
measures of length or of capacity, or any weights or measures differing from those 
established by law, is guilty of a misdemeanour and is liable to a fine not exceeding 
five thousand rupees and to the seizure and forfeiture of the  said weights and 
measures.  
  (2) The provisions of subsection (1) shall not apply to druggists’ or 
jewellers’ weights or measures of length or capacity of lawful weight, dimensions or 
capacity and intended to be sold as merchandise, but not possessed or u sed for the 
sale of other goods.  
Possession of false weights  
 307. (1) Any hawker, shop -keeper, druggist or other trader who has in his possession 
or in his shop, warehouse or place of business any instrument for weighing or any 
weight or any measure of le ngth or not exceeding five thousand rupees unless he 
proves that he did not know that any such article was false.  
  (2) In case of a subsequent conviction for a similar offence within twelve 
months of the first conviction the offender shall be punished wit h imprisonment not 
exceeding twelve months and a fine not exceeding ten thousand rupees.  
Use of false instrument for weighing or false weight  
 308. (1) Any person who fraudulently uses any instrument for weighing, which he 
knows to be false, is guilty of a misdemeanour and is liable to imprisonment not  
 113 exceeding twelve months and to fine not exceeding ten thousand rupees.  
  (2) Any person who fraudulently  uses any false weight or false measure of 
length or capacity, or fraudulently uses any weight or any measure of length or 
capacity as a different weight or measure from what it is in fact is guilty of a 
misdemeanour and liable to imprisonment not exceedin g one year or to a fine not 
exceeding ten thousand rupees.  
CHAPTER XXXI  - Receiving Property Stolen or Unlawfully Obtained and Like 
Offences  
Receiving property stolen or unlawfully obtained  
 309. (1) Any person who receives or retains any chattel, money, v aluable security or 
other property whatsoever, knowing or having reason to believe the same to have 
been feloniously stolen, taken, extorted, obtained or disposed of, is guilty of a felony, 
and is liable to imprisonment for fourteen years.  
  (2) Any person  who receives or retains any chattel, money, valuable security 
or other property whatsoever, knowing or having reason to believe the same to have 
been unlawfully taken, obtained, converted or disposed of in a manner which 
constitutes a misdemeanour, is gui lty of a misdemeanour, and is liable to the same 
punishment as the offender by whom the property was unlawfully obtained, converted 
or disposed of.  
  (3) No person shall be convicted of an offence under this section unless it 
shall first be proved that the  property which is the subject matter of the charge has in 
fact been stolen, or feloniously or unlawfully taken, extorted, obtained, converted or 
disposed of.  
Unlawful possession  
 310. Any person who has or had in his possession anything whatever which may  be 
reasonably suspected of having been stolen or unlawfully obtained and who fails to 
give a satisfactory account to the court of how he came by the same is guilty of a 
misdemeanour.  
Tracing possession  
 311. (1) If any person brought or appearing before a  court under the provisions of 
section 310 declares that he received any such thing as therein mentioned from some 
other person, or that he was employed as a carrier, agent, or servant to convey the 
same for some other person, the court may cause every suc h other person, and also 
any other person through whose possession any such thing shall previously have 
passed, to be brought before it.  
  (2) Upon any such person as is in subsection (1) mentioned being brought 
before it, it shall be lawful for the court to examine him as to whether he has been in 
possession of any such thing as aforesaid, and upon his admitting such possession, or 
upon it being proved to the satisfaction of the court that such person has been in 
possession of any such thing, the court may  call upon such person to give an account  
 114 to the satisfaction of the court by what lawful means such person came by such thing, 
and if such person fails to give such account, he shall be liable to imprisonment for 
two years.  
  (3) For the purposes of this section, the possession of a carrier, agent or 
servant shall be deemed to be the possession of the person who shall have employed 
such carrier, agent or servant to convey the same.  
Receiving property dishonestly acquired outside Seychelles  
 312. Any person  who, without lawful excuse, knowing or having reason to believe 
the same to have been stolen or obtained in any way whatsoever under such 
circumstances that if the act had been committed in Seychelles the person committing 
it would have been guilty of fel ony or misdemeanour, receives or has in his 
possession any property so stolen or obtained outside Seychelles, is guilty of an 
offence of the like degree (whether felony or misdemeanour) and is liable to 
imprisonment for fourteen years.  
CHAPTER XXXII  - Frau ds by Trustees and Persons in a Position of Trust, and False 
Accounting  
Fraudulent conversion by trustees  
 313. Any person who, being a trustee of any property, destroys the property with 
intent to defraud, or, with intent to defraud, converts the property  to any use not 
authorised by the trust, is guilty of a felony, and is liable to imprisonment for ten 
years.  
  For the purposes of this section the term “trustee” includes the following 
persons and no others, that is to say - 
(a) trustees upon express trust s created by a deed, will, or instrument 
in writing, whether for a public or private or charitable purpose;  
(b) trustees appointed by or under the authority of an Act or statute 
for any such purpose;  
(c) persons upon whom the duties of any such trust as af oresaid 
devolve;  
(d) executors and administrators.  
Misappropriation and fraud by directors, and officers of corporation, etc.  
314. Any person who - 
(a) being a director or officer of a corporation or company receives or 
possesses himself as such of any of the property of the corporation or 
company otherwise than in payment of a just debt or demand, and, 
with intent to defraud, omits either to make a full and true entry 
thereof in the books and accounts of the corporation or company, or  
 115 to cause or direct such an entry to be made therein; or  
(b) being a director, officer, or member of a corporation or company, 
does any of the following acts with intent to d efraud, that is to say - 
(i) destroys, alters, mutilates or falsifies any book, document, 
valuable security  or account, which belongs to the 
corporation or company, or any entry in any such book, 
document, or account, or is privy to any such act; or  
(ii) makes, or is privy to making, any false entry in any such 
book, document, or account; or  
(iii) omits or is privy to omitting, any material particular 
from any such book, document or account,  
is guilty of a felony, and is liable to imprisonment for ten years.  
Fraudulent publications as to companies, etc.  
 315. Any person who, being a promoter, director, officer or auditor of a corporation 
or company, either existing or intended to be formed, makes, circulates or publishes, 
or concurs in making, circulating or publishing, any written statement or account 
which, in any material particular, is to his knowledge false, with intent thereby to 
effect any of the purposes following, that is to say - 
(a) to deceive or to defraud any member, shareholder or creditor of 
the corporation or company, whether a particular person or not;  
(b) to induce any person, whether a particular person or not, to 
become a member of, or to entrust or advance any property to, the 
corporation or company, or to enter into any security for the ben efit 
thereof,  
is guilty of a felony, and is liable to imprisonment for ten years.  
Fraudulent accounting by clerk  
 316. Any person who, being a clerk or servant, or being employed or acting in the 
capacity of a clerk or servant, does any of the acts followi ng with intent to defraud, 
that is to say - 
(a) destroys, alters, mutilates or falsifies any book, document, 
valuable security or account which belongs to or is in the possession 
of his employer, or has been received by him on account of his 
employer, or an y entry in any such book, document or account, or is 
privy to any such act; or  
(b) makes, or is privy to making, any false entry in any such book, 
document or account; or   
 116 (c) omits, or is privy to omitting, any material particular from any 
such book, docum ent or account,  
is guilty of a felony, and is liable to imprisonment for ten years.  
Fraudulent accounting by public officer  
 317. Any person who, being an officer charged with the receipt, custody or 
management of any part of the public revenue or property, knowingly furnishes any 
false statement or return of any money or property received by him or entrusted to his 
care, or of any balance of money or property in his possession or under control, is 
guilty of a misdemeanour and is liable to imprisonm ent for three years.  
Division VI – Malicious Injuries to Property  
CHAPTER XXXIII  - Offences Causing Injury to Property  
Arson  
 318. Any person who willfully and unlawfully sets fire to - 
(a) any building or structure whatever, whether completed or not; or  
(b) any vessel, whether completed or not; or  
(c) any stack of cultivated produce, or of mineral or vegetable fuel; or  
(d) a mine, or the workings, fittings, or appliances of a mine,  
is guilty of a felony, and is liable to imprisonment for life.  
Attempts to c ommit arson  
 319. Any person who - 
(a) attempts unlawfully to set fire to any such thing as is mentioned 
in section 318; or  
(b) willfully and unlawfully sets fire to anything which is so situated 
that any such thing as is mentioned in section 318 is likely to catch 
fire from it,  
is guilty of a felony, and is liable to imprisonment for fourteen years.  
Setting fire to crops, etc.  
 320. Any person who willfully and unlawfully sets fire to - 
(a) a crop of cultivated produce, whether standing, picked or cut; or   
 117 (b) a crop of hay or grass under cultivation, whether the natural or 
indigenous product of the soil or not, and whether standing, picked or 
cut; or  
(c) any standing trees, saplings, or shrubs, whether indigenous or not, 
under cultivation,  
is guilty of a fe lony, and is liable to imprisonment for fourteen years.  
Attempts to set fire to crops, etc.  
 321. Any person who - 
(a) attempts unlawfully to set fire to any such thing as is mentioned 
in section 320; or  
(b) willfully and unlawfully sets fire to anything wh ich is so situated 
that any such thing as is mentioned in section 320 is likely to catch 
fire from it,  
is guilty of a felony, and is liable to imprisonment for seven years.  
Casting away ships  
 322. Any person who - 
(a) wilfully and unlawfully casts or destroys any vessel whether 
completed or not; or  
(b) wilfully and unlawfully does any act which tends to the 
immediate loss or destruction of a vessel in distress; or  
(c) with intent to bring a vessel into danger, interferes with any light, 
beacon, buoy, m ark, or signal used for purposes of navigation, or 
exhibits any false light or signal,  
is guilty of a felony, and is liable to imprisonment for life.  
Attempts to cast ships  
 323. Any person who attempts unlawfully to cast away or destroy a vessel, whether 
completed or not, or attempts unlawfully to do any act tending to the immediate loss 
or destruction of a vessel in distress, is guilty of a felony, and is liable to 
imprisonment for fourteen years.  
Injuring animals  
 324. Any person who willfully and unlawf ully kills, maims, or wounds any animal 
capable of being stolen is guilty of an offence.   
 118  If the animal in question is a horse, mare, gelding, ass, mule, bull, cow, ox, 
goat, pig, ram, ewe, wether, or the young of nay such animal, the offender is guilty of  
a felony, and is liable to imprisonment for seven years.  
 In any other case the offender is guilty of a misdemeanour:  
 Provided that a person who kills any sheep, goat, pig, dog or poultry on his 
own ground while  such animal is doing damage to his propert y, shall not be liable to 
punishment under this section if he proves that on a previous occasion such animal 
had done damage to his property and that he had informed the owner of such animal 
of the fact.  
Other malicious injuries; general and special punish ments  
 325. (1) Any person who willfully and unlawfully destroys or damages any property 
is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and he is 
liable, if no other punishment is provided, to imprisonment for two years.  
  (2) If the property in question is a dwelling -house or a vessel, and the injury 
is caused by the explosion of any explosive substance, and if - 
(a) any person is in the dwelling -house or vessel; or  
(b) the destruction or damage actually endangers the life of an y 
person,  
the offender is guilty of a felony, and is liable to imprisonment for life.  
 (3)  (a) If the property in question is a bank or wall of a river, canal, 
aqueduct, reservoir, or inland water, or work which appertains to a 
dock, reservoir, or inland water, and the injury causes actual danger 
of inundation or damage to any land or building; or  
(b) if the property in question is a bridge, viaduct, or aqueduct, which 
is constructed over a highway, or canal, or over which a highway, or 
canal passes, and t he property is destroyed, or  
(c) if the property in question, being any such bridge, viaduct or 
aqueduct, is damaged, and the damage is done with intent to render 
the bridge, viaduct, or aqueduct, or the highway, or canal passing 
over or under the same, or  any part thereof, dangerous or impassable, 
and the same or any part thereof, dangerous or impassable, and the 
dame or any part thereof is thereby rendered dangerous or 
impassable,  
the offender is guilty of a felony, and is liable to imprisonment for life.  
  (4) If the property in question is a testamentary instrument, whether the 
testator is living or dead, or a register which is authorised or required by law to be 
kept for authenticating or recording the title to any property, or for recording births, 
baptism, marriages, deaths, or burials, or a copy of any part of any such register  
 119 which is required by law to be sent to any public officer, the offender is guilty of a 
felony, and is liable to imprisonment for fourteen years.  
  (5) If the property in questi on is a vessel in distress or wrecked, or stranded, 
or anything which belongs to such vessel, the offender is guilty of a felony, and is 
liable to imprisonment for seven years.  
(6)  (a) If the property in question, being a vessel, whether completed or 
not, is destroyed, or  
(b) if the property in question, being a vessel, whether completed or 
not, is damaged, and the damage is done with intent to destroy it or 
render it useless; or  
(c) if the property in question is a light, beacon, buoy, mark, or 
signal, us ed for the purposes of navigation, or for the guidance of 
persons engaged in navigation; or  
(d) if the property in question is a bank or wall of a river, canal, 
aqueduct, reservoir, or inland water, or a work which appertains to a 
dock, canal, aqueduct, re servoir, or inland water, or which is used for 
the purposes of loading or unloading goods; or  
(e) if the property in question, being a bridge, viaduct, or aqueduct 
which is constructed over a highway, or canal, or over which a 
highway or canal passes, is d amaged, and the damage is done with 
intent to render the bridge, viaduct or aqueduct, or the highway, or 
canal passing over or under the same, or any part thereof, dangerous 
or impassable; or  
(f) if the property in question, being anything in process of 
manufacture, or an agricultural or manufacturing machine, or a 
manufacturing implement, or a machine or appliance used or 
intended to be used for performing any process connected with the 
preparation of any agricultural or pastoral produce, is destroyed; or  
(g) if the property in question, being any such thing, machine, 
implement, or appliance, as last aforesaid, is damaged, and the 
damage is done with intent to destroy the thing in question or to 
render it useless; or  
(h) if the property in question is a sha ft or a passage of a mine, and 
the injury is done with intent to damage the mine or to obstruct its 
working; or  
(i) if the property in question is a machine, appliance, apparatus, 
building, erection, bridge or road, appertaining to or used with a 
mine, whe ther the thing in question is completed or not; or  
(j) if the property in question, being a rope, chain, or tackle, of 
whatever material, which is used in a mine, or upon any way or work  
 120 appertaining to or used with a mine, is destroyed; or  
(k) if the prop erty in question, being any such rope, chain, or tackle, 
as last aforesaid, is damaged, and the damage is done with intent to 
destroy the thing in question or to render it useless; or  
(l) if the property in question is a well, or bore for water, or the dam , 
bank, wall or floodgate of a millpond or pool;  
(m) if the property in question forms part of or is intended for use in 
any electrical, telephone, telegraph or wireless telegraph installation, 
including any wires or cables used or intended for use in any such 
installation,  
the offender is guilty of a felony, and is liable to imprisonment for seven 
years.  
  (7) If the property in question is a document which is deposited or kept in a 
public office, or which is evidence of title to any land or estate in lan d, the offender is 
guilty of a felony, and is liable to imprisonment for seven years.  
Attempted destruction by explosives  
 326. Any person who, unlawfully and with intent to destroy or damage any property, 
plus any explosive substance in any place whatever , is guilty of a felony, and is liable 
to imprisonment for fourteen years.  
Spreading infectious disease among animals  
 327. Any person who willfully and unlawfully causes, or is concerned is causing, or 
attempts to cause, any infectious disease to be commu nicated to or among any animal 
or animals capable of being stolen, is guilty of a felony, and is liable to imprisonment 
for seven years.  
Boundary marks – removal of  
 328. Any person who willfully and unlawfully, and with intent to defraud, removes 
or defac es any object or mark which has been lawfully erected or made as an 
indication of the boundary and nay land, is guilty of a felony, and is liable to 
imprisonment for three years.  
Government boundary marks – damage to  
 329. Any person who - 
(a) willfully rem oves, defaces or injures any survey mark or 
boundary mark which shall have been made or erected by or under 
the direction of any government department or in the course of or for 
the purposes of a government survey; or  
(b) being under an obligation to maint ain in repair any boundary  
 121 mark made or erected as aforesaid, neglects or refuses to repair the 
same;  
(c) willfully removes, defaces, or injuries any survey mark erected by 
or under the authority of a licensed surveyor or any mark erected by 
an intending applicant for any lease, licence or right under an Act 
relating to mines or minerals,  
is guilty of a misdemeanour, and is liable to imprisonment for three months 
or to a fine of Rs.250 and may further be ordered by the court to pay the cost of 
repairing or  replacing the survey mark or boundary mark and of making any survey 
rendered necessary by the offender’s act or neglect.  
Threats to burn or destroy  
 330. Any person who, knowing the contents thereof, sends, delivers, utters, or 
directly or indirectly caus es to be received, any letter or writing threatening to burn or 
destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, 
or other agricultural produce, whether in or under any building or not, or any ship or 
vessel, or to k ill, maim, or wound any cattle, is guilty of a felony, and is liable to 
imprisonment for ten years.  
Division VII – Forgery, Coining and Counterfeiting  
CHAPTER XXXIV  - Definitions  
Definition of forgery  
 331. Forgery is the making of a false document with in tent to defraud or to deceive.  
Document  
 332. The term “document” in this division of this Code does not include a trade mark 
or any other sign used in connection with articles of commerce though they may be 
written or printed.  
Making a false document  
 333. Any person makes a false document who - 
(a) makes a document purporting to be what in fact it is not;  
(b) alters a document without authority in such a manner that if the 
alteration had been authorised it would have altered the effect of the 
document;  
(c) introduces into a document without authority whilst it is being 
drawn up matter which if it had been authorised would have altered 
the effect of the document;  
(d) signs a document -  
 122 (i) in the name of any person without his authority whether 
such name is o r is not the same as that of the person signing;  
(ii) in the name of any fictitious person alleged to exist 
whether the fictitious person is or is not alleged to be of the 
same name as the person signing;  
(iii) in the name represented as being the name of the 
different person from that of the person signing it and 
intended to be mistaken for the name of that person;  
(iv) in the name of a person personated by the person signing 
the document, provided that the effect of the instrument 
depends upon the identit y between the person signing the 
document and the person whom he professes to be.  
Intent to defraud  
 334. An intent to defraud is presumed to exist if it appears that at the time when the 
false the false document was made there was in existence a specific person 
ascertained or unascertained capable of being defrauded thereby, and this 
presumption is not rebutted by proof that the offender took or intended to take 
measures to prevent such person from being defrauded in fact, nor by the fact that he 
had or th ought he had a right to the thing to be obtained by the false document.  
CHAPTER XXXV  - Punishments for Forgery  
General punishment for forgery  
 335. Any person who forges any document is guilty of an offence which, unless 
otherwise stated, is a felony, and he is liable, unless owing to the circumstances of the 
forgery or the nature of the thing forged some other punishment is provided, to 
imprisonment for three years.  
Forgeries punishable by imprisonment for life  
 336. Any person who forges any will, document of title to land, judicial record, 
power of attorney, bank note, currency note, bill of exchange, promissory note or 
other negotiable instrument, policy of insurance, cheque or other authority for the 
payment of money by a person carrying on busin ess as a banker, is liable to 
imprisonment for life and the court may in addition order that any such document as 
aforesaid shall be forfeited to the Republic.  
Forgeries punishable by imprisonment for ten years  
 337. Any person who forges any judicial or o fficial document is liable to 
imprisonment for ten years.  
Forgeries punishable by imprisonment for seven years  
 338. Any person who -  
 123 (a) forges any stamp whether impressed or adhesive used for the 
purposes of revenue or accounting by any government department; or  
(b) without lawful excuse, the proof whereof shall lie upon him, 
makes or has knowingly in his possession any die or instrument 
capable or making the impression of any such stamp; or  
(c) fraudulently cuts, tears in any way, or removes from a ny material 
any stamp used for purposes of revenue or accounting by the 
Government, with intent that another use shall be made of such stamp 
or any part thereof; or  
(d) fraudulently mutilates any such stamp as last aforesaid, with 
intent that another use s hall be made of such stamp; or  
(e) fraudulently fixes or places upon any material or upon any such 
stamp as last aforesaid any stamp or part of a stamp which whether 
fraudulently or not has been cut, torn,, or in nay way removed from 
any other material or out of or from any other stamp; or  
(f) fraudulently erases or otherwise either really or apparently 
removes from any  stamped material any name, sum, date, or other 
matter or thing whatsoever written thereon with the intent that 
another use shall be made of  the stamp upon such material; or  
(g) knowingly and without lawful excuse, the proof whereof shall lie 
upon him, has in his possession any stamp or part of a stamp which 
has been fraudulently cut, torn, or otherwise removed  from any 
material, or any stamp which has been fraudulently mutilated, or any 
stamped material out of which any name, sum, date, or other matter 
or thing has been fraudulently erased or otherwise really or 
apparently removed,  
is liable to imprisonment for seven years.  
Uttering false docu ments  
 339. Any person who knowingly and fraudulently utters a false document is guilty of 
an offence of the same kind, and is liable to the same punishment, as if he had forged 
the thing in question.  
Uttering cancelled or exhausted documents  
 340. Any per son who knowingly utters as and for a subsisting and effectual 
document, any document which has by any lawful authority been ordered to be 
revoked, cancelled, or suspended, or the operation of which has ceased by effluxion 
of time, or by death, or by the h appening of any other event, is guilty of an offence of 
the same kind, and is liable to the same punishment, as if he had forged the document.   
 124 Procuring execution by false pretence  
 341. Any person who, by means of any false and fraudulent representations as to the 
nature, contents, or operation of a document, procures another to sign or execute the 
document, is guilty of an offence of the same kind, and is liable to the same 
punishment, as if he had forged the document.  
Obliterating crossing on cheques  
 342. Any person who, with intent to defraud - 
(a) obliterates, adds to, or alters the crossing on a cheque; or  
(b) knowingly utters a crossed cheque, the crossing on which has 
been obliter nated, added to, or altered,  
is guilty of a felony, and is liable to i mprisonment for seven years.  
Making documents without authority  
 343. Any person who, with intent to defraud or to deceive - 
(a) without lawful authority or excuse, makes, signs, or executes, for 
or in the name or on account of another person, whether by 
procuration or otherwise, any document  or writing; or  
(b) knowingly utters any document or writing so made, signed, or 
executed by another person,  
is guilty of a felony, and is liable to imprisonment for seven years.  
Demanding property on forged will  
 344. Any person who procures the delivery or payment to himself or any other 
person of any property or money by virtue of any probate or letters of administration 
granted upon a forged testamentary instrument, knowing the testamentary instrument 
to have been fo rged, or upon or by virtue of any probate or letters of administration 
obtained by false evidence, knowing the grant to have been so obtained, is guilty of 
an offence of the same kind, and is liable to the same punishment, as if he had forged 
the document or thing by virtue whereof he procures the delivery or payment.  
Importing and purchasing forged bank notes  
 345. Any person who, without lawful authority or excuse, the proof of which lies on 
him, imports into Seychelles, or purchases or receives from any person, or has in his 
possession, a forged bank note or currency note, whether filled up or in blank, 
knowing it to be forged, is guilty of a felony, and is liable to imprisonment for seven 
years.   
 125 Falsifying warrants for money  
 346. Any person who, being e mployed in the public service, knowingly and with 
intent to defraud makes out or delivers to any person a warrant for the payment of any 
money payable by public authority, for a greater or less amount than that to which the 
person on whose behalf the warra nt is made out is entitled, is guilty of a felony, and is 
liable to imprisonment for seven years.  
Falsification of registe r 
 347. Any person who, having the actual custody of any register or record kept by 
lawful authority, knowingly permits any entry whic h in any material particular is to 
his knowledge false to be made in the register or record, is guilty of a felony, and is 
liable to imprisonment for seven years.  
False certificate of marriage  
 348. Any person who signs or transmits to a person authorised by law to register 
marriages, a certificate of marriage, or any documents purporting to be a certificate of 
marriage, which in any material particular s to his knowledge false, is guilty of a 
felony and is liable to imprisonment for seven years.  
False stat ement for registratio n 
 349. Any person who knowingly and with intent to procure the same to be inserted in 
a register of births, deaths, or marriages, makes any false statement touching any 
matter required by law to be registered in any such register, is guilty of a felony, and 
is liable to imprisonment for three years.  
CHAPTER XXXVI  - Offences Relating to Coin and to Bank and Currency Notes  
Definitions  
 350. In this chapter - 
“coin” means any coin issued or deemed to have been issued by the Central 
Bank of  Seychelles under the Central Bank of Seychelles Act and includes 
any coin of a foreign Sovereign or State;  
“counterfeit coin” means coin not genuine but resembling or apparently 
intended to resemble or pass for genuine coin; and includes  genuine coin 
prepared or altered so as to pass for coin of a higher denomination;  
“utter” includes “tender” and “pass”;  
“stamp” means any stamp issued or to be issued hereafter by the government 
for the purpose of revenue and includes postage stamps.  
Counterfeiting coin  
 351. Any person who makes or begins to make any counterfeit coin is guilty of a  
 126 felony, and is liable to imprisonment for life.  
Preparation for coining  
 352. Any person who - 
(a) gilds or silvers any piece of metal of a fit size or figure to be 
coined, with intent that it shall be coined into counterfeit coin; or  
(b) makes any piece of metal into a fit size or figure to facilitate the 
coining from it of any counterfeit coin, with intent that such 
counterfeit coin shall be made from it; or  
(c) without lawful authority or excuse, the proof of which lies on 
him- 
(i) buys, sells, receives, pays or disposes of any counterfeit 
coin at a lower rate than it imports or is apparently intended 
to import, or offers to do any such thing; or  
(ii) brings or receives into Se ychelles any counterfeit coin, 
knowing it to be counterfeit; or  
(iii) makes or mends, or begins or prepares to make or mend, 
or has in his possession, or disposes of any stamp or mould 
which is adapted to make the resemblance of both or either 
of the sides  of any coin, or any part of either of the sides of 
any coin, or any part of either side thereof, knowing the same 
to be a stamp or mould or to be so adapted; or  
(iv) makes or mends, or begins or prepares to make or mend, 
or has in his possession, or dispo ses of any tool, instrument 
or machine which is adapted and intended to be used for 
making coin round the edges with marks or figures 
apparently resembling those on the edges of any coin, 
knowing the same to be so adapted and intended; or  
(v) makes or mend s, or begins or prepares to make or mend, 
or has in his possession, or disposes of any press for coinage, 
or any tool, instrument, or machine which is adapted for 
cutting round blanks out of gold, silver, or other metal, 
knowing such press, tool, instrumen t, or machine to have 
been used or to be intended to be used for making any 
counterfeit coin,  
is guilty of a felony.  
 If the offence is committed with respect to current coin, he is liable to 
imprisonment for life.  
 If the offence is committed with respect  to coin of a foreign Sovereign or  
 127 State, he is liable to imprisonment for seven years.  
Making or having in possession paper or implements of forgery  
 353. Any person who, without lawful authority or excuse, the proof of which lies on 
him- 
(a) makes, uses,  or knowingly has in his custody or possession any 
paper intended to resemble and pass as a special paper such as is 
provided and used for making any bank note or currency note;  
(b) makes, uses, or knowingly has in his custody or possession any 
frame, moul d, or instrument for making such paper, or for producing 
in or on such paper any words, figures, letters, marks, lines, or 
devices peculiar to and used in or on any such paper;  
(c) engraves or in anywise makes upon any plate, wood, stone, or 
other material , any words, figures, letters, marks, lines or devices, the 
print whereof resembles in whole or in part any words, figures, 
letters, marks, lines or devices peculiar to and used in or on any bank 
note or currency note,  
(d) uses or knowingly has in his cust ody or possession any plate, 
wood, stone, or other material, upon which any such words, figures, 
letters, marks, lines or devices have been engraves or in anywise 
made as aforesaid;  
(e) uses or knowingly has in his custody or possession any paper 
upon whic h any such words, figures, letters, marks, lines or devices 
have been printed or in anywise made as aforesaid,  
is guilty of a felony, and is liable to imprisonment for seven years.  
Clipping  
 354. Any person who deals with any current coin in such a manner as to diminish its 
weights with intent that when so dealt with it may press as current coin, is guilty of a 
felony, and is liable to imprisonment for seven years.  
Melting down of currency  
 355. Any person who melts down, breaks up, defaces by stamping thereon any name, 
word or mark, or uses otherwise than as currency any coin current for the time being 
in Seychelles is guilty of a misdemeanour, and is liable to imprisonment for six 
months or to a fine of Rs.1,000, or both such fine and imprisonment.  
Impounding and destruction of counterfeit coin  
 356. Any officer of the government or the manager of any bank who receives, during 
the performance of his duties, any coin which he has reasonable ground for believing 
to be counterfeit coin shall impound such c oin and transmit it to the Central Bank of  
 128 Seychelles that a coin is counterfeit and that compensation shall be granted or 
withheld shall be final, and no person shall be entitled to claim and no proceedings or 
action shall be brought against the Central B ank of Seychelles, the government, the 
officer of the government concerned, the manager of the bank concerned or his bank 
in respect of any loss or damage suffered by reason of such impounding and cutting, 
defacing or destruction.  
Possession of clippings  
 357. Any person who unlawfully has in his possession or disposes of any filings, or 
clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other 
state, obtained by dealing with current gold or silver coin in such a manner as to 
diminish its weight, knowing the same to have been so obtained, is guilty of a felony, 
and is liable to imprisonment for seven years.  
Uttering counterfeit coin  
 358. Any person who utters any counterfeit coin, knowing it to be counterfeit, is 
guilty of a misdemeanour.  
Repeated uttering  
 359. Any person who - 
(a) utters any counterfeit coin, knowing it to be counterfeit and at the 
time of such uttering has in his possession any other counterfeit coin; 
or 
(b) utters any counterfeit coin, knowing it to be co unterfeit, and 
either on the same day or on any of the ten days next ensuing, utters 
any other counterfeit coin, knowing it to be counterfeit; or  
(c) receives, obtains, or has in his possession any counterfeit coin, 
knowing it to be counterfeit, with inten t to utter it,  
is guilty of a felony, and is liable to imprisonment for three years.  
Uttering metal or coin not current as coin  
 360. (1) Any person who, with intent to defraud, utters as and for coin any metal or 
piece of metal is guilty of a misdemeanour , and is liable to imprisonment for one 
year.  
  (2) Any person who, with intent to defraud, utters as and for coin lawfully 
current in Seychelles by virtue of any Order in Council, Act, proclamation or 
otherwise, any coin not so lawfully current is guilty of a misdemeanour and is liable 
to imprisonment for one year.  
Selling articles bearing designs in imitation of currency  
 361. Any person who, without lawful authority or excuse, the proof whereof lies  
 129 upon him, sells or offers or exposes for sale any artic le which bears a design in 
imitation of any currency or bank note or coin in current use in Seychelles or 
elsewhere is guilty of a misdemeanour, and is liable to imprisonment for six months.  
Exporting counterfeit coin  
 362. Any person who, without lawful a uthority or excuse, the proof of which lies on 
him, exports or puts on board of a vessel or vehicle of any kind for the purpose of 
being exported from Seychelles, any counterfeit coin whatever, knowing it to be 
counterfeit, is guilty of a misdemeanour.  
Forfeiture or counterfeit coin, etc.  
 363. (1) When any person is convicted of an offence under this or the preceding 
chapter, the court shall order the forfeiture to the Republic of any forged bank note or 
currency note or of any counterfeit coin or any stam p, mould, tool, instrument, 
machine, press, or any coin, bullion, or metal, or any article bearing a design in 
imitation of any currency, bank note or coin used or employed in the commission of 
any such offence.  
  (2) If it shall be made to appear by infor mation on oath before the judge, 
registrar, magistrate or Justice of the Peace that there is reasonable cause to believe 
that any person has in his custody or possession without lawful authority or excuse - 
(a) any instrument or other article peculiarly ada pted for the forgery 
of currency notes; or  
(b) any article mentioned in section 353, of this Code,  
the judge, registrar, magistrate, or Justice of the Peace within his district may 
grant a warrant to search for the same; and if the same shall be found on search, it 
shall be lawful to seize and remove it to be disposed of according to law.  
Counterfeit Stamps  
Possession of die for purpose of making stamps  
 364. Any person who, without lawful authority or excuse, the proof of which lies on 
him- 
(a) makes or m ends, or begins or prepares to make or mend, or uses, 
or knowingly has in his possession, or disposes of any die, plate or 
instrument capable of making an impression resembling that made by 
any die, plate or instrument used for the purpose of making any 
stamp, whether impressed or adhesive, which is used for the purposes 
of the public revenue or of the Post Office Department in Seychelles 
or in any foreign country, or capable of producing in or on paper any 
words, figures, letters, marks, or lines resemblin g any words, figures, 
letters, marks or lines used in or on any paper specially provided by 
the proper authority for any such purpose; or   
 130 (b) knowingly has in his possession or disposes of any paper or other 
material which has on it the impression of nay s uch die, plate or 
instrument, or any paper which has on it or in it any such words, 
figures, letters, marks or line as aforesaid; or  
(c) fraudulently and with intent that use may be made of any such 
stamp as aforesaid, or of any part o fit, removes the stamp from any 
material in any way whatever; or  
(d) fraudulently and with intent that use may be made of any part of 
such stamp, mutilates the stamp; or  
(e) fraudulently fixes or places upon any material or upon any such 
stamp or part of a stamp which has been in any way removed from 
any other material, or out of or from any other stamp; or  
(f) fraudulently, and with intent that use may be made of any such 
stamp which has been already impressed upon or attached to any 
material, erases or otherwise removes, either really or apparently, 
from such material anything whatever written on it; or  
(g) knowingly has in his possession or disposes of anything obtained 
or prepared by any such unlawful act as aforesaid; or  
(h) fraudulently or with intent to cause loss to the government, uses 
for any purpose a stamp issued by government for the purpose of 
revenue which he knows to have been before used,  
is guilty of a felony, and is liable to imprisonment for seven years, and any 
die, plate, instrument, paper or other thin g as aforesaid which is found in his 
possession shall be forfeited to the Republic.  
Possession of paper for making stamps  
 365. Any person who, without lawful authority or excuse, the proof of which lies on 
him- 
(a) makes, or begins or prepares to make, or  uses for any postal 
purpose, or has in his possession, or disposes of any imitation or 
representation on paper or any other material, of any stamp used for 
denoting any rate of postage of Seychelles, or of any foreign country; 
or 
(b) makes or mends, or be gins or prepares to make or mend, or uses, 
or has in his possession, or disposes of any die, plate, instrument, or 
material for making any such imitation or representation,  
is guilty of a misdemeanour, and is liable to imprisonment for one year, or to 
a fine of Rs.650, and any stamps, and any other such things as aforesaid, which are 
found in his possession, shall be forfeited to the Republic.   
 131  For the purposes of this section a stamp purporting to denote a rate of 
postage of any country is to be taken to b e a stamp used for postal purposes in that 
country until the country is shown.  
CHAPTER XXXVII  - Personation  
General penalty for personation  
 366. Any person who, with intent to defraud any person, falsely represents himself to 
be some other person, living or dead, is guilty of a misdemeanour.  
 If the representation is that the offender is a person entitled by will or 
operation of law to any specific property and he commits the offence to obtain such 
property or possession thereof, he is liable to imprisonme nt for seven years.  
Falsely making acknow ledgment  
 367. Any person who, without lawful authority or excuse, the proof of which lies on 
him, makes, in the name of any other person, before any court or person lawfully 
authorised to take such an acknowledgmen t, an acknowledgment of liability of any 
kind, or an acknowledgment of a deed or other instrument, is guilty of a 
misdemeanour.  
Personation of person named in certificate  
 368. Any person utters any document which has been issued by lawful authority to 
another person, and whereby that other person is certified to be a person possessed of 
any qualification recognized by law for any purpose, or to be the holder of nay office, 
or to be entitled to exercise any profession, trade, or business, or to be entitled to any 
right or privilege, or to enjoy any rank or status, and falsely represents himself to be 
the person named in the document, is guilty of an offence of the same kind and is 
liable to the same punishment as if he had forged the document.  
Lending certif icate for personation  
 369. Any person who, being a person to whom any document has been issued by 
lawful authority whereby he is certified to be a person possessed of any qualification 
recognised by law for any purpose, or to be the holder of any office, or to be entitled 
to exercise any profession, trade, or business, or to be entitled to any right or 
privilege, or to enjoy any rank or status, sells, gives, or lends the document to another 
person with intent that that other may represent himself to be the  person named 
therein, is guilty of a misdemeanour.  
Personating person named in a testimonial  
 370. Any person who, for the purpose of obtaining any employment, utters any 
document of the nature of a testimonial of character given to another person, is gui lty 
of a misdemeanour and is liable to imprisonment for one year.   
 132 Lending testimonial  
 371. Any person who, being a person to whom any such document as is mentioned in 
section 370 has been given, gives, sells, or lends such document to another person 
with the intent that that other person may utter such document for the purpose of 
obtaining any employment, is guilty of a misdemeanour.  
CHAPTER XXXVIII  - Secret Commissions and Corrupt Practices  
Interpretation  
 372. (1) For the purpose of this chapter, the exp ression “consideration” includes 
valuable consideration of nay kind; and the expression “agent” includes any person 
employed by or acting for another; and the expression “principal” includes an 
employer.  
  (2) A person serving in the public service or unde r any municipal council or 
board or under any other public body having power to impose rates or entrusted with 
the expenditure of any government funds or grants, and a member of any such 
municipal council or board or other public body is an agent within th e meaning of this 
chapter.  
Corrupt practices  
 373.   (a) If any agent corruptly accepts or obtains, or agrees to accept or 
attempts to obtain, from any person, for himself or for any other 
person, any gift or consideration as an inducement or reward for 
doing or forbearing to do or for having done or forborne to do, any 
act in relation to his principal’s affairs or business or for showing or 
forbearing to show favour or disfavour to any person in relation to his 
principal’s affairs or business; or  
(b) if any person corruptly gives or agrees to give or offers any gift or 
consideration to any agent as an inducement or reward for doing or 
forbearing to do, or for having done or forborne to do, any act in 
relation to his principal’s affairs or business, or for s howing or 
forbearing to show favour or disfavour to any person in relation to his 
principal’s affairs or business; or  
(c) if any person knowingly gives to any agent, or if any agent 
knowingly uses with intent to deceive his principal, any receipt, 
account or other document in respect of which the principal is 
interested, and which contains any statement which is false or 
erroneous or defective in any material particular, and which to his 
knowledge is intended to mislead the principal,  
he shall be guilty of a misdemeanour, and shall be liable on conviction to 
imprisonment for a term not exceeding three years or to a fine not exceeding 
Rs.10,000, or to both such imprisonment and such fine.   
 133 Secret commission on Government contracts  
 374. Any person convicted of  an offence under this chapter shall, where the matter or 
transaction in relation to which the offence was committed was a contract or a 
proposal for a contract with the government or any government department or a 
municipal council or board or other publi c body having power to impose rates or 
entrusted with the expenditure of any government funds or grants, or a sub -contract to 
execute any work comprised in such contract, be liable to imprisonment for fourteen 
years, or to a fine of Rs.10,000.  
Presumption as to corrupt practices  
 375. Where in any proceedings against a person for an offence under this chapter it is 
proved that any money, gift or other consideration has been paid or given to or 
received by a person in the employment of the Republic or any go vernment 
department or a municipal council or board or other public body having power to 
impose rates or entrusted with the expenditure of any government funds or grants, by 
or from a person or agent of a person holding or seeking to obtain a contract from  the 
Republic or any government department or municipal council or board or other public 
body having power to impose rates or entrusted with the expenditure of any 
government funds or grants, the money, gift or consideration shall be deemed to have 
been pa id or given and received corruptly as such inducement or reward as is 
mentioned in this chapter, unless the contrary is proved.  
Consent of Attorney General to prosecution  
 376. A prosecution for an offence under this chapter shall not be instituted without  
the written consent of the Attorney General.  
Division VIII – Attempts and Conspiracies to Commit Crimes, and Accessories after 
the Fact  
CHAPTER XXXIX  - Attempts  
Attempt defined  
 377. When a person, intending to commit an offence, begins to put his intenti on into 
execution by means adapted to its fulfillment, and manifests his intention by some 
overt act, but does not fulfil his intention to such an extent as to commit the offence, 
he is deemed to attempt to commit the offence.  
 It is immaterial, except so far as regards punishment, whether the offender 
does all that is necessary on his part for completing the commission of the offence, or 
whether the complete fulfilment of his intention is prevented by circumstances 
independent of his will, or whether he de sists of his own motion from the further 
prosecution of his intention.  
 It is immaterial that by reason of circumstances not known to the offender it 
is impossible in fact to commit the offence.   
 134 Soliciting or inciting others to commit offence  
 377A. Any pe rson who solicits or incites or attempts to procure another to do any act 
or make any omission of such a nature that, if the act were done or the omission were 
made, an offence would thereby be committed, whether by himself or by that other 
person, is guil ty of an offence of the same kind and is liable to the same punishment 
as if he had himself attempted to do the same act or make the same omission.  
General punishment for attempts  
 378. Any person who attempts to commit a felony or midemeanour is guilty of  an 
offence, which, unless otherwise stated, is a misdemeanour.  
Punishment for attempts to commit certain felonie s 
 379. Any person who attempts to commit a felony of such a kind that a person 
convicted of it is liable to the punishment of death or impriso nment for a term of ten 
years or upwards, with or without other punishment, is guilty of a felony, and is 
liable, if no other punishment is provided, to imprisonment for seven years.  
Neglect to prevent commission of a felony  
 380. Every person who, knowing  that a person designs to commit or is committing a 
felony, fails to use all reasonable means to prevent the commission or completion 
thereof, is guilty of a misdemeanour.  
CHAPTER XL  - Conspiracies  
Conspiracy to commit felony   
381. Any person who conspires  with another to commit any felony, or to do any act in 
any part of the world which if done in Seychelles would be a felony, and which is an 
offence under the law in force in the place where it is proposed to be done, is guilty of 
a felony, and is liable, if no other punishment is provided, to imprisonment for seven 
years, or, if the greatest punishment to which a person convicted of the felony in 
question is liable is less than imprisonment for seven years, then to such lesser 
imprisonment.  
Conspiracy to c ommit misdeameanours   
382. Any person who conspires with another to commit a misdemeanour, or to do any 
act in any part of the world which if done in Seychelles would be a misdemeanour, 
and which is an offence under the law in force in the place where it i s proposed to be 
done, is guilty of a misdemeanour.  
Other conspiracies  
 383. Any person who conspires with another to effect any of the purposes following, 
that is to say - 
(a) to prevent or defeat the execution or enforcement of any Act,  
 135 statute, or Order in Council; or  
(b) to cause any injury to the person or reputation of any person, or to 
depreciate the value of any property of any person; or  
(c) to prevent or obstruct the free and lawful disposition of any 
property by the owner thereof for its fair valu e; or 
(d) to injure any person in his trade or profession; or  
(e) to prevent or obstruct, be means of any act or acts which if done 
by an individual person would constitute an offence o his part, the 
free and lawful exercise by any person of his trade, pro fession, or 
occupation; or  
(f) to effect any unlawful purpose; or  
(g) to effect any lawful purpose by any unlawful means,  
is guilty of a misdemeanour.  
CHAPTER XLI  - Accessories After the Fact  
Definition  
 384. A person who receives or assists another who is , to his knowledge, guilty of an 
offence, in order to enable him to escape punishment, is said to become an accessory 
after the fact to the offence.  
 A wife does not become an accessory after the fact to an offence of which 
her husband is guilty by receivi ng or assisting him in order to enable him to escape 
punishment; or by receiving or assisting, in her husband’s presence and by his 
authority, another person who is guilty of an offence in the commission of which her 
husband has taken part, in order to ena ble that other person to escape punishment; nor 
does a husband become an accessory after the fact to an offence of which his wife is 
guilty by receiving or assisting her in order to enable her to escape punishment.  
Punishment of accessories to felonies  
 385. Any person who becomes an accessory after the fact to felony, is guilty of a 
felony, and is liable, if no other punishment is provided, to imprisonment for three 
years.  
Punishment of accessories to misdemeanours  
 386. Any person who becomes an accessory  after the fact to a misdemeanour is 
guilty of a misdemeanour.  
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 136 LAWS OF SEYCHELLES  
CHAPTER 158  
THE PENAL CODE  
SUBSIDIARY LEGISLATI ON: SECTION 183 : DRUMS REGULATIONS  
[9th August, 1935]  
G.G.1/5/1935  
L.N.40/1937  
Areas within which the beating of drums or tambours or the blowing of shells, etc., at 
night after 9 p.m. are prohibited are as follows - 
(a) within the town of Victoria and a distance of one mile outside the 
limit thereof;  
(b) within a radius of three -quarters of a mile from the  police station 
at Anse Royale, Mahé;  
(c) within a radius of three -quarters of a mile from the police station 
at Baie Ste. Anne, Praslin;  
(d) within the area situated in the district of Grand’ Anse, Praslin, and 
lying between the Morico Bridge on the North  and the Nouvelle 
Découverte Bridge on the South and between the seashore on one 
side and an imaginary line inland three -quarters of a mile distant 
from the seashore and parallel thereto on the other side;  
(e) within a radius of three -quarters of a mile fr om an imaginary 
point half way between the police station and the Roman catholic 
Church in the district of La Passe, La Digue.  
_____________________  
SUBSIDIARY LEGISLATI ON: THE LOUDSPEAKERS (RE STRICTION OF 
USE)  REGULATIONS  
[25th March, 1965]  
S.I. 17/1965  
1. These regulations may be cited as the Loudspeakers (Restriction of use) 
Regulations.  
2. In these regulations unless the context otherwise requires - 
“loudspeaker” includes a megaphone and any other device for amplifying 
sound;   
 137 “public meeting” means any m eeting in a public place;  
“public place” means any open space to which, for the time being, the public 
have or are permitted to have access;  
“town of Victoria” means the town of Victoria as defined in the Schedule to 
the Town of Victoria (Boundaries and Divisions) Act.  
3. The use of a loudspeaker from a moving vehicle is absolutely prohibited within the 
town of Victoria.  
4. (1) The use of a loudspeaker within the town of Victoria at a public meeting or in a 
public place is prohibited unless there is in fo rce a written permit issued by the 
Commissioner of Police authorizing such use.  
(2) The prohibition in this regulation imposed shall not apply to the use of 
loudspeakers - 
(a) at any religious meeting; or  
(b) at any ceremonial parade or public function of a n official 
character; or  
(c) at any sports meeting; or  
(d) by or under the authority of any Government official or 
department or of a district council.  
_____________________  
SUBSIDIARY LEGISLATI ON: POSSESSION OF CATAPU LT PROHIBITED 
IN LA DIGUE  ISLAND  
[15th  March, 1965.]  
G.N 95/1965   
La Digue Island has been prescribed as an area within which the possession of a 
catapult is prohibited.  
_____________________  
SUBSIDIARY LEGISLATI ON: THE AMPLIFICATION OF  SOUND AND 
PLAYING OF MUSIC (CO NTROL) REGULATION  
[30th August, 1976]  
S.I. 81/1976  
S.I. 6 of 2001  
1. These regulations may be cited as the Amplification of Sound and Playing of  
 138 Music (Control) Regulations.  
2. In these regulations words and expressions used shall, unless the context otherwise 
requires, have the meanings assigned to them in the Penal Code.  
3. No person shall in any ballroom, dance -hall, “discotheque”, business premises, 
restaurant, house, shop or other place whatsoever operate, cause, play or suffer to be 
operated, caused or played any radio, wire less gramophone, record -player, 
loudspeaker or other instrument or instruments, whether of the same nature of 
otherwise, made or adapted for the production, reproduction or amplification of sound 
or music, in such a manner as to cause annoyance or disturba nce to any person, or 
causes any annoyance or disturbance thereby, whether in or outside such place:  
Provided that the Commissioner of Police may, on the application in writing 
made by any person, and for good and sufficient reason, grant an exemption from  the 
provisions of these Regulations for any specified period of time, in consultation with 
the Ministry responsible for Environment.  
4. Any application for exemption from the provisions of regulation 3 shall be made to 
the Commissioner of Police and shall  contain such information as the Commissioner 
of police may require to satisfy himself as to the nature of the application and any 
exemption granted by the Commissioner shall be subject to such conditions as he may 
lay down including a requirement to take specific measures for the protection of 
persons likely to be exposed to excessive noise.  
5. The Commissioner of Police or any police officer may enter upon any premises or 
place mentioned in regulation 3 and may require that any noise, music or sound be 
abated or lowered in volume and if such request is not complied with may arrest or 
cause to be arrested any person whom he reasonably believes to be responsible for 
such noise, music or sound and may seize any radio, wireless, gramophone, record -
player, loud speaker or other instrument or instruments which he reasonably believes 
to be the cause of such noise, music or sound.  
 6. Any person who gives false information to the Commissioner of Police or any 
police officer or who fails to comply with or is in breach of any of these regulations 
or any condition laid down in regulation 4 shall be guilty of an offence and shall be 
liable, on conviction, to imprisonment for one year and to a fine of Rs.500, and, in 
addition the Court may order the confiscation of a ny radio, wireless, gramophone, 
record -player, loudspeaker or other instrument or instruments which may have been 
used in the commission of the offence.  
_____________________