Penal Code

1. Short title

This Act may be cited as "The Penal Code" and hereinafter referred to as "this Code".

2. Savings of certain laws

3. General rule of construction of the code

This Code shall be interpreted in accordance with the principles of legal interpretation that—(a)take full account of the principles and provisions enshrined in the Constitution; and(b)where applicable, have regard to common law and comparable English criminal law.[1 of 2011]

4. Interpretation

In this Code, unless the context otherwise requires—"Act" includes any subsidiary legislation made under the authority of any Act;"court" means 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, and 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 between 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 misdemeanor, is punishable, without proof of previous conviction, with death, or with imprisonment with hard labour for three years or more;"grievous harm" means any harm which amounts to a main or dangerous harm, or seriously or permanently injures health or which is likely 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;"husband" or "wife" includes a person living in a marriage relationship as recognized by section 22 (5) of the Constitution;[1 of 2011]"judicial proceeding" 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 or not;[1 of 2011]"knowingly" used in connexion with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;"maim" means the destruction or permanent disabling of any external or internal organ, membrane or sense;"misdemeanor" 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 half-past six o’clock in the evening and half-past six o’clock in the morning;"oath" includes affirmation or declaration;"offence" means an act, attempt or omission punishable by law;[1 of 2011]"person" and "owner" and other like term when used with reference to property includes corporations of all kinds and any other association of persons capable of owning property, and also when so used includes the Government;"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 including the office of President, the power of appointing a person to which or of removing from which is vested in the President or in a Minister or in any public Commission or Board; or(b)any office to which a person is appointed or nominated by Act or by election; or(c)any civil 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 paragraph (a) or (b); or[1 of 2011](d)any office of arbitrator or umpire in any proceeding 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 member of a commission of inquiry appointed under or in pursuance of any Act;(ii)any person employed to execute any process of a court;[1 of 2011](iii)all persons employed in the Defence Force of Malaŵi or Police Service of the Republic;[1 of 2011](iv)all persons in the employment of any government department of the Republic;(v)a person acting as a Minister of religion of whatsoever denomination, in so far as he performs functions in respect of the notification of intending marriage or in respect of the solemnization of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;(vi)a person employed in the service of any LocalAuthority or of any board, Council, society or other authority, whether incorporated or otherwise, established by or under any Act, other than the Companies Act;[Cap. 46:03](vii)a person employed in any class of employment which may be specified as public service by the Minister by notice published in the Gazette;(viii)a member of Parliament;[1 of 2011](ix)any Chief."possession", "be in possession of" or "have in possession" 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; and 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 his or their custody or possession, it shall be deemed and taken to be in the custody and 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 Malaŵi but also to the persons inhabiting or using any particular place, or any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect of which such expression is used;"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 person in a public place;"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 meetings or assembly or as an open court;"public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;"utter" includes using or dealing with or attempting to use or attempting to induce any person to use, deal with or act upon the thing in question;[1 of 2011]"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" has the same meaning as assigned thereto in the Inland Waters Shipping Act;[Cap. 71:01][1 of 2011]"wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.[1 of 2011]

5. Offence committed partly within and partly beyond the jurisdiction

Except as otherwise provided in this Code, 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 takes any part in such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.[1 of 2011]

6. Jurisdiction and procedure in respect of certain offences committed in countries outside malawi

7. Ignorance of law

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.

8. Bona fide claim of right

A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.

9. Intention: motive

10. Mistake of fact

11. Presumption of sanity

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.

12. Insanity

Subject to the provision of this Code with regard to persons suffering from diminished responsibility, a person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is, through any disease affecting his mind, incapable of understanding what he is doing, or 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.[1 of 2011]

13. Intoxication

14. Immature age

15. Judicial officers

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 judicial authority or although he is bound to do the act omitted to be done.

16. Compulsion

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 committed only because during the whole of the time in which it is being done or committed 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 his spouse, child or any person under his charge or to do him, his spouse, child or any person under his charge grievous bodily harm if he refuses; but threats of future injury do not excuse any offence.[1 of 2011]

17. Defence of person or property

Subject to any express provisions in this Code or any other law in operation in Malaŵi, criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of common law.[1 of 2011]

18. Use of force in effecting arrest

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.

19. Compulsion by spouse

A spouse is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of his or her spouse; but on a charge against a spouse for any offence other than treason, murder or genocide it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the other spouse.[1 of 2011]

20. Person not to be punished twice for the same offence

A person shall not be punished twice, either under the provisions of this Code or under the provisions of any other law, for the same offence.

21. Principal offenders

22. Offences committed by joint offenders in prosecution of common purpose

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 probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

23. Counselling another to commit an offence

When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel, drawing such inference from the evidence as appears proper in the circumstances; and in either case the person who gave counsel is deemed to have counselled the other person to commit the offence actually committed by him.[1 of 2011]

24. Offences by corporations, societies, etc.

Where an offence is committed by any company or other body corporate, or by any society, association or body of persons, every person charged with or concerned or acting in, the control or management of the affairs or activities of such company, body corporate, society, association or body of persons shall be guilty of that offence and shall be liable to be punished accordingly, unless it is proved by such person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

25. Different kinds of punishments

The following punishments may be inflicted by a court—(a)death;(b)imprisonment;(c)fine;(d)compensation;(e)finding security to keep the peace and be of good behaviour; or to come up for sentence;(f)liability to police supervision;(g)forfeiture;(h)suspended sentence;(i)public work;(j)community service;(k)probation;(l)weekend or public holiday;(m)attendance centre orders;(n)any other punishment provided by this Code or by any other written law.[8 of 1999][1 of 2011]

26. Sentence of death

27. Imprisonment

28. ***

[repealed by 1 of 2011]

28A. Short sentences of imprisonment

29. Fines

30. Forfeiture

When any person is convicted of an offence under any of the following sections, namely, sections 90, 91, 92, 110, 111, 331A and 396, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any property which has passed in connexion with the commission of the offence, or, 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 Minister may direct. Payment 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.[1 of 2011]

31. Suspension of forfeiture of right to carry on business

32. Compensation

33. Costs

Subject to the limitations imposed by section 142 of the Criminal Procedure and Evidence 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.[Cap 8:01]

34. General punishment for misdemeanours

When in this Code no punishment is specially provided for any misdemeanor, it shall be punishable with a fine or with imprisonment for a term not exceeding two years or with both.

35. Sentences cumulative unless otherwise ordered

Where a person after conviction for an offence 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, other than a sentence of death, which is passed upon him under the subsequent conviction, shall be executed after the expiration of the former sentence, 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 of imprisonment in default of payment of a fine shall be executed concurrently with a former sentence under section 29 (2) (a) or of any part thereof.[1 of 2011]

36. Escaped convicts to serve unexpired sentences when recaptured

When sentence is passed under this Code on an escaped convict, such sentence—(a)if of death, or fine shall, subject to this Code and of any other law, take effect immediately;(b)if of imprisonment, shall run consecutively or concurrently, as the court shall order, with the unexpired portion of the sentence which the convict was undergoing when he escaped.[1 of 2011]

37. ***

[repealed by 5 of 1969].

38. Treason

39. Concealment of treason

Any person who—(a)becomes an accessory after the fact to treason; or(b)knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the President, an administrative officer, magistrate, or officer of police or use other reasonable endeavours to prevent the commission of the offence,shall be guilty of the felony termed misprision of treason and liable to imprisonment for life.

40. Promoting war, etc., amongst groups

Any person who, without lawful authority, carries on or makes preparation for carrying on or aids in or advises carrying on of or preparation for any war or war-like undertaking, violence, fighting or similar undertaking with, for, by, or against any ethnic, tribal, racial, religious, political or other group of people, shall be guilty of a felony and shall be liable to imprisonment for life.[1 of 2011]

41. Inciting to mutiny

Any person who advisedly attempts to effect any of the following purposes, that is to say—(a)to seduce any person serving in the Defence Force of Malaŵi or the Malaŵi Police Service from his duty and allegiance to the President; or(b)to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or(c)to incite any such persons to make or endeavour to make a mutinous assembly,shall be guilty of a felony, and shall be liable to imprisonment for life.[1 of 2011]

42. Aiding soldiers or policemen in acts of mutiny

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 of Malaŵi or any police officer, shall be guilty of a misdemeanor.[1 of 2011]

43. Inducing soldiers or policemen to desert

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 of Malaŵi, or any police officer, shall be guilty of an offence and shall be liable to imprisonment for life.[1 of 2011]

44. Aiding prisoners of war to escape

Any person who—(a)knowingly and advisedly aids an alien enemy of the Republic, being a prisoner of war in the Republic, 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 the Republic shall be guilty of a felony and shall be liable to imprisonment for life;(b)negligently and unlawfully permits the escape of any such person as is mentioned in paragraph (a), shall be guilty of a misdemeanor.[1 of 2011]

45. Definitions

For the purposes of the four next following sections of this Code—"import" includes—(a)to bring into the Republic; and(b)to bring within the inland waters of the Republic 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 and printed matter, and any gramophone or other record, perforated roll, recording tape, cinematograph film or other contrivance by means of which any words or ideas may be mechanically produced, represented or conveyed, and everything, whether of a nature similar to the foregoing or not, containing any visible representation or by its form, shape or other characteristics, or in any manner capable of producing, representing or conveying words or ideas, and every copy or reproduction of any publication;"periodical 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 intention.[24 of 2012]

46. ***

[repealed by 24 of 2012]

47. ***

[repealed by 24 of 2012]

48. ***

[repealed by 24 of 2012]

49. ***

[repealed by 24 of 2012]

50. Seditious intention

51. Seditious offences

52. Forfeiture of machine and prohibition of publication

53. Legal proceedings

54. Unlawful oaths to commit capital offences

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 death; or(b)takes any such oath or engagement, not being compelled to do so,shall be guilty of a felony, and shall be liable to imprisonment for life.

55. Other unlawful oaths to commit offences

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 act in any of the ways following, that is to say—(i)to engage in any mutinous or seditious enterprise;(ii)to commit any offence not punishable with death;(iii)to disturb the public peace;(iv)to be a 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 having 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,shall be guilty of a felony, and shall be liable to imprisonment for ten years.

56. Compelling another person to take an oath

57. Compulsion, how far a defence

It shall not be a defence for a person who takes any oath or engagement in the nature of an oath mentioned in section 54, section 55 or section 56 to prove that he was compelled to do so unless within five days after the taking of such oath or engagement in the nature of an oath or, if he is prevented by physical force or sickness, within five days after the termination of such physical force or sickness, he reported to the police, or, if he is in the actual service of the Defence Force of Malaŵi or in the Malaŵi Police Service, either he so reported as aforesaid, or he reported to his commanding officer, everything 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 administered or taken.[1 of 2011]

58. Person present deemed to consent to administering of oath unless he reports to authorities

Any person who is present at the administering of an oath or engagement in the nature of an oath mentioned in section 54, section 55 or section 56 shall be deemed to have consented to the administering of such oath or engagement unless within five days thereafter, or, if he is prevented by physical force or sickness, within five days after the termination of such physical force or sickness he reports to the police, or if he is in the actual service of the Defence Force of Malaŵi or in the Malaŵi Police Service he so reports as aforesaid, or he reports to his commanding officer, everything 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 in the nature of an oath was administered.[1 of 2011]

59. Unlawful drilling

60. Publication of false news likely to cause fear and alarm to the public

60A. ***

[repealed by 17 of 1994].

61. Defamation of foreign dignitaries

Any person who without such justification or excuse as would be sufficient in the case of the defamation of a private person publishes anything intended to be read, or any sign of visible representation, tending to degrade, revile or expose to hatred or contempt any foreign prince, potentate, ambassador or other foreign dignitary with intent to disturb the peace and friendship between the Republic and the country to which such prince, potentate, ambassador or dignitary belongs, shall be guilty of a misdemeanor.[1 of 2011]

62. Foreign enlistment

Any person commits a misdemeanor who does any of the following acts without the licence of the President, that is to say—(a)who prepares or fits out any naval or military expedition to proceed against any friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in such expedition; or(b)who, being a citizen of Malaŵi, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state, or, whether a citizen of Malaŵi or not, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state as aforesaid; or(c)who, being a citizen of Malaŵi, quits or goes on board any ship with a view of quitting the Republic, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or, whether a citizen of Malaŵi or not, induces any other person to quit or to go on board any ship with a view of quitting the Republic with the like intent; or(d)who, being the master or owner of any ship, knowingly either takes on board, or engages to take on board, or has on board such ship any illegally enlisted person; or(e)who, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state builds, agrees to build, causes to be built, equips, despatches, or causes or allows to be despatched, any ship, or issues or delivers any commission for any ship:Provided that a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, is not liable to any of the penalties specified in this section in respect of such building or equipping if—(i)upon a proclamation of neutrality being issued he forthwith gives notice to the President that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the President; and(ii)he gives such security, and takes and permits to be taken such other measures, if any, as the President may prescribe for ensuring that such ship shall not be despatched, delivered, or removed without the licence of the President until the termination of such war as aforesaid.[1 of 2011]

63. Piracy

64. Definition of society and unlawful society

65. Managing unlawful society

Any person who manages or assists in the management of an unlawful society shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

66. Being members of unlawful society

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 control; or(c)carries or displays anything whatsoever indicating that he is a member of or in any way associated with an unlawful society or shouts or utters any slogan or makes any sign associated with an unlawful society; or(d)contributes or solicits anything as a subscription or otherwise in the name of or to be used directly or indirectly for the benefit of an unlawful society; or(e)in any way takes part in any activity of an unlawful society or carries on any activity in the direct or indirect interests of an unlawful society in which activity it was or could have engaged prior to the date upon which it became an unlawful society,shall be guilty of a felony, and shall be liable to imprisonment for seven years.

67. Prosecutions under section 65 and 66

68. Powers of entry, asset, search, etc.

Any police officer of or above the rank of inspector may, without warrant, enter, with or without assistance, any house or building or into any place in which he has reason to believe—(a)that a meeting of an unlawful society or of persons who are members of an unlawful society is being held; or(b)that a member of an unlawful society resides or is; or(c)that documents, funds, moneys or other information relating to an unlawful society may be found,and arrest or cause to be arrested all persons found therein, and search such house, building or place and seize or cause to be seized all insignia, banners, arms, books, papers, documents and all other property 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 or with the unlawful society.

69. Disposal of property of an unlawful society

70. Forfeiture of insignia, etc.

Subject to section 69, the insignia, banners, arms, books, papers, documents and other property belonging to an unlawful society shall be forfeited and shall be dealt with in such manner as the court may direct.[1 of 2011]

71. Unlawful assembly

72. Punishment of unlawful assembly

Any person who takes part in an unlawful assembly shall be guilty of a misdemeanor and shall be liable to imprisonment for one year.

73. Punishment of riot

Any person who takes part in a riot shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

74. Making proclamation for rioters to disperse

Any magistrate or, in his absence, any police officer of or above the rank of assistant inspector or any commissioned officer in the Defence Force of Malaŵi, 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 the President’s name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.[1 of 2011]

75. Dispersion of rioters after proclamation made

If upon the expiration of a reasonable time after such proclamation made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorized to make 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, or for apprehending them or any of them, and, if any person makes resistance, 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.

76. Rioting after proclamation

If proclamation is made, commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of such proclamation, takes or continues to take part in the riot or assembly shall be guilty of a felony and shall be liable to imprisonment for life.

77. Preventing or obstructing the making of proclamation

Any person who forcibly prevents or obstructs the making of such proclamation as mentioned in section 74 shall be guilty of a felony, and shall be liable to imprisonment for life; 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 shall be liable to imprisonment for life.[1 of 2011]

78. Rioters demolishing buildings, etc.

Any persons who, being riotously assembled together, unlawfully pull down or destroy or begin to pull down or destroy any building, railway, machinery or structures shall be guilty of a felony and each of them shall be liable to imprisonment for life.

79. Rioters injuring buildings, machinery, etc.

Any persons who, being riotously assembled together, unlawfully damage any of the things mentioned in section 78 shall be guilty of a felony and each of them shall be liable to imprisonment for seven years.[1 of 2011]

80. Riotously preventing the sailing of ship

All persons are guilty of a misdemeanor 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.

81. Prohibition of carrying offensive weapons without lawful authority or reasonable excuse

82. Forcible entry

83. Forcible detainer

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 person entitled by law to the possession of the land shall be guilty of the misdemeanor termed forcible detainer.

84. Fighting in public

Any person who takes part in a fight in a public place shall be guilty of a misdemeanor and shall be liable to imprisonment for one year.

85. Challenge to fight a duel

Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, shall be guilty of a misdemeanor.

86. Threatening violence

87. Proposing violence at assemblies

88. Intimidation

89. Assembling for the purpose of smuggling

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, shall be guilty of a misdemeanor, and each of them shall be liable to a fine of K30,000 or to imprisonment for two years.[1 of 2011]

Division II - Offences against the administration of lawful authority

90. Official corruption

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,shall be guilty of a felony and shall be liable to imprisonment for twelve years.[21 of 1995][1 of 2011]

91. Extortion by public officers

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, shall be guilty of a felony and shall be liable to imprisonment for twelve years.[21 of 1995][1 of 2011]

92. Public officers receiving property to show favour

Any person who, being employed in the public service, receives any property or benefit of any kind for himself, on the understanding, express or implied, 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 any one in whom he is interested, and any person employed in the public service, shall be guilty of a felony and shall be liable to imprisonment for twelve years.[21 of 1995][1 of 2011]

93. Officers charged with administration of property of a special character or with special duties

Any person who, being employed in the public service, and being 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 in which he has such interest or with respect to the conduct of any person in relation thereto, shall be guilty of a misdemeanor and shall be liable to imprisonment for one year.

94. False claims by officials

Any person who, being employed in the public service in such a capacity as to require him or 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, shall be guilty of a misdemeanor.

95. Abuse of office

96. False certificates by public officers

Any person who, being authorized or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular shall be guilty of a misdemeanor.

97. Unauthorized administration of oaths

Any person who administers an oath, or takes solemn declaration or affirmation or affidavit, touching any matter with respect to which he had not by law any authority to do so shall be guilty of a misdemeanor and shall be 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 in any matter relating to the preservation of the peace or the punishment of offences or 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 country.

98. False assumption of authority

Any person who—(a)not being a judicial officer, assumes to act as a judicial officer; or(b)withoutauthorityassumestoactasapersonhavingauthorityby 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 authorized by law to do so; or(c)represents himself to be a person authorized by law to sign a document testifying to the contents of any register or record kept by a lawful authority, or testifying to any fact or event, and signs such document as being so authorized, when he is not, and knows that he is not, in fact, so authorized,shall be guilty of a misdemeanor.

99. Personating public officers

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(b)falsely represents 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,shall be guilty of an offence and shall be liable to imprisonment for ten years.[20 of 1973]

100. Threat of injury to persons employed in public service

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 shall be guilty of a misdemeanor.

101. Perjury and subornation of perjury

102. Perjury in written statement

Section 101 shall apply in relation to the making by any person of a written statement tendered in evidence by virtue of section 175 of the Criminal Procedure and Evidence Code, as it applies in relation to the making of an oral statement by a person lawfully sworn as a witness.[Cap. 8:01][1 of 2011]

103. False statements by interpreters

If any person, lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in the proceeding which he knows to be false, or does not believe to be true, he shall be guilty of perjury.

104. Punishment of perjury and subornation

Any person who commits perjury or suborns perjury shall be liable to imprisonment for seven years.

105. Fabricating evidence

Any person who, with intent to mislead any court or tribunal in any judicial proceeding—(a)fabricates evidence by any means other than perjury or subornation of perjury; or(b)knowingly makes use of such fabricated evidence,shall be guilty of an offence, and shall be liable to imprisonment for seven years.[1 of 2011]

106. False swearing

Any person who swears falsely or makes a false affirmation or declaration before any person authorized to administer an oath or take a declaration under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury shall be guilty of a misdemeanor.

107. Deceiving witnesses

Any person who practises 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 intent to affect the testimony of such person as a witness, shall be guilty of a misdemeanor.

108. Destroying evidence

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, wilfully 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, shall be guilty of a misdemeanor.

109. Conspiracy to defeat justice and interference with witnesses

Any person 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 justice, 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 any legal process, civil or criminal,shall be guilty of an offence and shall be liable to imprisonment for five years.

110. Compunding felonies

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 that 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, shall be guilty of a misdemeanor.

111. Compounding penal actions

Any person who, having brought, or under pretence of bringing, an action against another person 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 which the action is brought or is to be brought, shall be guilty of a misdemeanor.

112. Advertisements for stolen property

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(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,shall be guilty of a misdemeanor.[1 of 2011]

113. Offences relating to judicial proceedings

114. Rescue

115. Escape

Any person who, being in lawful custody, escapes from such custody, shall be guilty of a misdemeanor.

116. Permitting prisoners to escape

Any person who, having another person lawfully in his custody, intentionally or negligently permits that other person to escape, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

117. Aiding prisoners to escape

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 intent to facilitate the escape of a prisoner,shall be guilty of a felony and shall be liable to imprisonment for seven years.

118. Removal, etc., of property under lawful seizure

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, shall be guilty of a felony and shall be liable to imprisonment for three years.

119. Obstructing court officers

Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court, shall be guilty of a misdemeanor and shall be liable to imprisonment for one year.

120. Frauds and breaches of trust by public officers

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, shall be guilty of a misdemeanor.

121. Neglect of official duty

Every person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by 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, shall be guilty of a misdemeanor.

122. False information to person employed in the public service

Whoever gives 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,shall be guilty of a misdemeanor and shall be liable to a fine of K10,000 and to imprisonment for three years.[1 of 2011]

123. Disobedience of statutory duty

Everyone who wilfully disobeys any Act by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, shall be guilty of a misdemeanor and shall be liable, unless it appears from the Act that it was the intention of the Legislature to provide some other penalty for such disobedience, to imprisonment for two years.

124. Soliciting, etc., to break the law

125. Soliciting public officers, etc., to fail to carry out their duties

Any person who, whether in writing or by words or by his behaviour or otherwise, solicits or incites—(a)any person employed in the public service;(b)a Chief or any person in the service of a Chief,to fail to carry out any of his duties as such shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

126. Arrest without warrant

A police officer or Chief or any person acting under the direction of a police officer or Chief may arrest without warrant any person whom he has reasonable cause to believe to be committing or to have committed an offence under section 124 or 125.

Division III — Offences injurious to the public in general

127. Insult to religion of any class

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, shall be guilty of a misdemeanor.

128. Disturbing religious assemblies

Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony shall be guilty of a misdemeanor.

129. Trespassing on burial places

Every person who with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are 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 place 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 ceremonies, shall be guilty of a misdemeanor.

130. Writing or uttering, words with intent to wound religious feelings

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, shall be guilty of a misdemeanor and shall be liable to imprisonment for one year.

131. Hindering burial of dead body, etc.

132. Definition of rape

Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent if the consent is obtained by force or means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or in the case of a married woman, by personating her husband, shall be guilty of the felony termed rape.

133. Punishment of rape

Any person who commits the offence of rape shall be liable to be punished with death or with imprisonment for life.[1 of 2011]

134. Attempted rape

Any person who attempts to commit rape shall be guilty of a felony and liable to imprisonment for life.[1 of 2011]

135. Abduction

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, shall be guilty of a felony and shall be liable to imprisonment for seven years.

136. Abduction of girls under sixteen

Any person who unlawfully takes an unmarried girl under the age of sixteen 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, shall be guilty of a misdemeanor.

137. Indecent assaults on females

137A. Indecent practices between females

Any female person who, whether in public or private, commits any act of gross indecency with another female person, or procures another female person to commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with herself or with another female person, whether in public or private, shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

138. Defilement of girls under sixteen years of age

139. Defilement of idiots or imbeciles

Any person who, knowing a woman or girl to be an idiot or imbecile, has or attempts to have unlawful carnal knowledge of her under circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the woman or girl was an idiot or imbecile, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

140. Procuration

Any person who—[1 of 2011](a)procures or attempts to procure any girl or woman under the age of twenty-one years to have unlawful carnal connexion, either in Malaŵi or elsewhere, with any other person or persons; or(b)procures or attempts to procure any woman or girl to become, either in Malaŵi or elsewhere, a common prostitute; or(c)procures or attempts to procure any woman or girl to leave Malaŵi with intent that she may become an inmate of or frequent a brothel elsewhere; or(d)procures or attempts to procure any woman or girl to leave her usual place of abode in Malaŵi with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel either in the Republic or elsewhere,shall be guilty of an offence and shall be liable to imprisonment for fourteen years.[1 of 2011]

141. Procuring defilement of woman by threats or fraud or administering drugs

Any person who—[1 of 2011](a)by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connexion, either in Malaŵi or elsewhere; or(b)by false pretences or false representations procures any woman or girl to have any unlawful carnal connexion, either in Malaŵi or elsewhere; or(c)applies, administers 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 connexion with such woman or girl,shall be guilty of an offence and shall be liable to imprisonment for fourteen years:[1 of 2011]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.

142. Householder, etc., permitting defilement of girl under sixteen years of age on his premises

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 sixteen years to resort to or be upon such premises for the purpose of being carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, shall be guilty of a felony, and shall be liable to imprisonment for five years.[1 of 2011]

143. Detention with intent or in brothel

144. Power of search

145. Male person living on earnings of prostitution or persistently soliciting

146. Woman aiding, etc., for gain prostitution of another woman

Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, shall be guilty of a misdemeanor.

147. Brothels

Any person who keeps a house, room, set of rooms, or place of any kind whatsoever for purposes of prostitution shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

147A. Promoting prostitution, etc.

148. Conspiracy to defile

Any person who conspires with another to induce any woman or girl, by means of any false pretence, false representation or other fraudulent means, to permit any man to have unlawful carnal knowledge of her shall be guilty of a felony, and shall be liable to imprisonment for three years.[1 of 2011]

149. Attempts to procure abortion

Any person who, with intent to procure a 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, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

150. The like by woman with child

Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison 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, shall be guilty of a felony, and shall be liable to imprisonment for seven years.

151. Supplying drugs or instruments to procure abortion

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, shall be guilty of a felony and shall be liable to imprisonment for three years.

152. Knowledge of age of female immaterial

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.

153. Unnatural offences

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,shall be guilty of a felony and shall be liable to imprisonment for fourteen years.[1 of 2011]

154. Attempt to commit unnatural offences

Any person who attempts to commit any of the offences specified in section 153 shall be guilty of a felony and shall be liable to imprisonment for seven years.[1 of 2011]

155. Indecent assault of boys under fourteen

Any person who unlawfully and indecently assaults a boy under the age of fourteen years shall be guilty of a felony and shall be liable to imprisonment for seven years.[1 of 2011]

155A. Indecent assault against idiots and imbeciles

Any person who indecently assaults a male person, knowing that person to be an idiot or imbecile, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

156. Indecent practices between males

Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony and shall be liable to imprisonment for five years.[1 of 2011]

157. Incest by males

158. Incest by females

Any female person of or above the age of sixteen years who with consent permits her grandfather, father, brother, or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother, son or grandson, as the case may be), shall be guilty of a felony and shall be liable to imprisonment for five years.[1 of 2011]

159. Test of relationship

In the two last preceding sections the expressions "brother" and "sister", respectively, include half-brother and half-sister, and the said sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

159A. Sexual intercourse with minors under one's care or protection

Any person who has sexual intercourse with a person under the age of twenty-one years who—(a)is the first mentioned person’s stepchild, foster child, dependant or ward; or(b)is, at the time of the intercourse, living with the first mentioned person as a member of that person’s family or is under that person’s care or protection,shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

160. Sanction of director of public prosecutions

No prosecution for an offence under section 157, 158 or 159A shall be commenced without the sanction of the Director of Public Prosecutions.[1 of 2011]

160A. Definitions

In this Chapter -"child" means a child under the age of sixteen years;"sexual activity" means sexual contact other than sexual intercourse (whether between persons of the same or opposite sex) in the form of genital, oral-genital, anal-genital contact or otherwise, masturbation, touching of genitals, buttocks or breasts, sadistic or masochistic abuse and other deviant sexual behaviour;"prohibited sexual act" includes sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus, or nudity if the nudity is depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction;"material" includes—(a)an object;(b)a still visual image of any kind, whether a drawing, painting, photograph, or other representation on a surface of any kind, and whether printed or not;(c)a moving visual image of any kind, whether produced from a cinematographic film, video tape or other medium; or(d)a hologram;"offensive material" means material that—(a)describes, depicts, expresses, or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty or violence, or revolting or abhorrent phenomena, in a manner that is likely to cause offence to a reasonable adult;(b)depicts a person (whether engaged in sexual activity or otherwise) who is, or who is apparently, a child under the age of sixteen years in a manner that is likely to cause offence to a reasonable adult;(c)describes, depicts, expresses, or otherwise deals with sexual activity of any kind between a human being and an animal;(d)promotes, incites, or instructs in matters of crime or violence, and includes a publication, the publication or importation of which is prohibited under this Code or under any other written law;"public entertainment" means an entertainment to which the public or any section of the public is admitted or in connexion with which a charge, whether for admission or otherwise, is made.[1 of 2011]

160B. Sexual activity with a child

160C. Indecent practice in the presence of or with a child

Any person who, whether in public or private—(a)procures a child to commit any act of gross indecency with him or with another person; or(b)commits an act of gross indecency with a person of the same or opposite sex in the presence of a child,shall be guilty of an offence and shall be liable to imprisonment for fourteen years.[1 of 2011]

160D. Showing, selling, exposing offensive materials to a child

Any person who, with intent to commit an offence, shows, sells, or exposes offensive material to a child, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

160E. Recording a child

Any person who—(a)causes or permits a child to be engaged in a prohibited sexual act or simulation of such act if the person knows or has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner or may be part of an exhibition or performance;(b)photographs or films a child in a prohibited sexual act or in the simulation of such an act or uses any device to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act;(c)knowingly receives for the purpose of selling or knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, sends, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer any photograph film, video tape, computer programme, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such act;(d)knowingly possesses or knowingly views any photograph, film, video tape, computer programme, video game or any other reproduction or reconstruction which so depicts a child,shall be guilty of an offence and shall be liable to imprisonment for fourteen years.[1 of 2011]

160F. Procuring child to take part in public entertainment

160G. Knowledge of age of child immaterial

It shall not be a defence to a charge for an offence under this Chapter that the accused did not know that the child in respect of whom the offence was committed was under the prescribed age of sixteen years, or believed that the child was not under that age.[1 of 2011]

161. Fraudulent pretence of marriage

Any person who wilfully 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, shall be guilty of a felony and shall be liable to imprisonment for ten years.

162. Bigamy

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, shall be guilty of a felony and shall be liable to imprisonment for five years: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.

163. Marriage ceremony fraudulently gone through without lawful marriage

Any person who dishonestly or with fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, shall be guilty of a felony, and shall be liable to imprisonment for five years.

164. Desertion of children

Any person who being the parent, guardian or other person having the lawful care or charge of a child under the age of sixteen years, and being able to maintain such child, wilfully and without lawful and reasonable cause deserts the child and leaves it without means of support, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

165. Neglecting to provide food, etc., for children

Any person who, being the parent or guardian or other person having the lawful care or charge of any child under the age of sixteen years and unable to provide for itself, refuses 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, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

166. Master not providing for servants or apprentices

Any person who, being legally liable either as master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully or 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 shall be guilty of a misdemeanor.[1 of 2011]

167. Child stealing

168. Common nuisance

169. Gaming houses

170. Betting houses

Any house, room or place which is used for any of the purposes following, that is to say—(a)for the purpose of bets being made therein between persons resorting to the place and—(i)the owner, occupier, or keeper of the place, or any person using the place; or(ii)any person procured or employed by or acting for or on behalf of any such owner, occupier or keeper, or person using the place; or(iii)any person having the care or management, or in any manner conducting the business, of the place; or(b)for the purpose of any money or other property being paid or received therein by or on behalf of any such owner, occupier or keeper, or person using the place, as, for the consideration—(i)for an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise; or(ii)for securing the paying or giving by some other person of any money or other property on any such event or contingency,is called a common betting house.Any person who, being the owner or occupier of any house, room, or place, knowingly and wilfully permits it to be opened, kept or used, as a common betting house by another person, or who has the use or management, or assists in conducting the business, of a common betting house, shall be guilty of a misdemeanor and shall be liable to imprisonment for one year:TotalizerProvided always that nothing herein contained shall make illegal the use of a totalizator by a race club, gymkhana club or sports club recognized by the Government at any public meeting, with the approval in each case of the Inspector General of Police. In this proviso, "totalizator" means and includes the instrument, machine or contrivance commonly known as the totalizator, and any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles.

171. Authorized lotteries

For the purposes of sections 173 and 180, "authorized lottery" means—(a)any lottery—(i)organized to raise funds within Malaŵi for social service, public welfare, relief of distress, patriotic purposes, or to provide sporting or recreational facilities; and(ii)of which at least one-quarter of the gross proceeds shall be devoted to the object for which the lottery is conducted; and(iii)authorized by the Inspector General of Police or by a police officer to whom power has been delegated by the Inspector General of Police to give such authority;(b)any lottery deemed to be an authorized lottery under section 172;(c)any lottery declared by the Minister to be an authorized lottery:Provided that a lottery declared to be an authorized lottery under the provisions of this paragraph shall be conducted in accordance with and subject to such conditions as the Minister may impose.

172. Small lotteries incidental to certain entertainments to be authorized lotteries

173. Lotteries

174. Exemption of private lotteries

175. Keeper of premises defined

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 section 169, 170 or 173 is to be taken to be the keeper thereof, whether he is or is not the real keeper.

176. Offences to organize or manage or conduct pools

Any person who takes part in the organization, management or conduct of a pool shall be guilty of a misdemeanor and shall be liable to a fine of K10,000 and to imprisonment for six months.For the purposes of this section "pool" means any invitation to the public to foretell the result of any game, race or event.[1 of 2011]

177. Chain letters

178. Opening of postal article suspected of containing chain letter

179. Obscene matters or things

180. Idle and disorderly persons

The following persons—(a)every common prostitute behaving in a disorderly or indecent manner in any public place;[1 of 2011](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 not being an authorized lottery or a private lottery for the purposes of section 174, for money or money’s worth in any public place;(d)every person who without lawful excuse publicly does any indecent act;(e)every person who in any public place solicits for immoral purposes; and(f)every person wandering about and endeavouring by the exposure of wounds or deformation to obtain or gather alms,shall be deemed idle and disorderly persons, and shall be liable for the first offence to a fine of K1,000 and to imprisonment for three months and for a subsequent offence to a fine of K3,000 and to imprisonment for six months.[1 of 2011]

181. Conduct likely to cause a breach of the peace

Every person who in any public place conducts himself in a manner likely to cause a breach of the peace shall be guilty of an offence and shall be liable to a fine of K3,000 and to imprisonment for three months.[1 of 2011]

182. Use of insulting language

Every person who uses insulting, abusive, indecent or threatening language or otherwise conducts himself in a manner likely to give such provocation to any person as to cause such person to break the peace or to commit any offence against the person shall be liable to a fine of K100 and to imprisonment for six months.[1 of 2011]

183. Nuisances by drunken persons, etc.

184. Rogues and vagabonds

185. Power to order removal of undesirable persons from certain municiaplities, townships and other areas

186. Appeal against removal order

187. Detention in custody pending consideration of making of removal order

188. Subsistence allowance where removal order made

Every person with respect to whom a removal order is made shall be provided with such allowance in cash or in kind as the magistrate thinks sufficient to enable him to reach his district of origin or his last place of ordinary residence.

189. Penalty for failing to comply with removal order, etc.

190. Review of removal orders

In every case where a removal order has been made under section 185, the person with respect to whom such order has been made may apply to a magistrate at the end of a period of six months from the date of the making of the order, and thereafter at the end of every ensuing period of six months, for a review of such order and the magistrate, after considering the matter, may, if he thinks fit, vary, suspend or cancel the order.

191. Wearing uniform without authority prohibited

192. Negligent act likely to spreaed disease dangerous to life

Any person who unlawfully, negligently or recklessly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be guilty of an offence and shall be liable to imprisonment for fourteen years.[1 of 2011]

193. Adulteration of food or drink intended for sale

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 food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

193A. Importation of adulterated food or drinks

Any person who imports any adulterated article of food or drink knowing it to be adulterated and intending to sell such article as food or drink or knowing that it is likely that such article will be sold as food or drink shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

194. Sale of noxious food or drink

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, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

195. Adulteration of drugs

Any person who adulterates any drug or medical preparation 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, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

195A. Importation of adulterated drugs

Any person who imports any adulterated drug or medical preparation knowing it to be adulterated and intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purposes as if it had not undergone such adulteration shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

196. Sale of adulterated drugs

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 medicinal purposes by any person not knowing of the adulteration, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

197. Fouling water

Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be guilty of a misdemeanor.

198. Fouling air

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, shall be guilty of a misdemeanor.

199. Offensive trades

Any person who, for the purposes of trade or otherwise, makes loud noises or offensive or unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights, commits and shall be liable to be punished as for a common nuisance.

200. Definition of libel

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, shall be guilty of the misdemeanor termed "libel".

201. Definition of defamatory matter

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 person 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 Director of Public Prosecutions.

202. Definition of publication

203. Definition of unlawful publication

Any publication of defamatory matter concerning a person is unlawful within the meaning of this Chapter.[1 of 2011]

204. Cases in which publication of defamatory matter is absolutely privileged

205. Cases in which publication of defamatory matter is conditionally prvileged

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 extent 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: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 the last preceding section; 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 or 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 criminal, 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 opinion 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 appears 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 other 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 for 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.

206. Explanation as to good faith

A publication of defamatory matter shall not be deemed to have been made in good faith by a person, within the meaning of the last preceding section if it is 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 otherwise than was reasonably necessary for the interest of the public or for the protection of the private right or interest in respect of which he claims to be privileged.

207. Presumption as to good faith

If it is proved, on behalf of the accused person, that the defamatory matter was published under 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

208. Manslaughter

Any person who by an unlawful act or omission causes the death of another person shall be 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.

209. Murder

Any person who of malice aforethought causes the death of another person by an unlawful act or omission shall be guilty of murder.

210. Punishment of murder

Any person convicted of murder shall be liable to be punished with death or with imprisonment for life.[1 of 2011]

211. Punishment of manslaughter

Any person who commits the felony of manslaughter shall be liable to imprisonment for life.

212. Malice aforethought

Malice aforethought shall be deemed to be established by evidence proving any one or more of the 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;(c)an intent to commit a felony;(d)an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony.

213. Killing on provocation

214. Provocation defined

214A. Diminished responsibility

215. Causing death defined

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 treatment 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;[23 of 1970](b)if he inflicts a bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living;[23 of 1970](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 is 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 accompanied by an act or omission of the person killed or of other persons.

216. When child deemed to be a person capable of being killed

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 breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.

217. ***

[repealed by 23 of 1970].

217A. Genocide

218. Responsibility of person who has charge of another

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.

219. Duty of parent, etc.

It is the duty of every person who, as parent, guardian or other person has charge of a child under the age of sixteen 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 of the child by reason of any omission to perform that duty, whether the child is helpless or not.[1 of 2011]

220. Duty of masters

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 the life or health of the servant or apprentice by reason of any omission to perform that duty.

221. Duty of persons doing dangerous acts

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 reasonable 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 any omission to observe or perform that duty.

222. Duty of persons in charge of dangerous things

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 health of any person may be endangered, to use reasonable care and take reasonable precautions 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 duty.

223. Attempt to murder

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, which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life,shall be guilty of a felony, and is liable to imprisonment for life.

224. ***

[repealed by 1 of 2011].

225. Accessory after the fact to murder

Any person who becomes an accessory after the fact to murder shall be guilty of a felony, and is liable to imprisonment for life.

226. Written threats to murder

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.

227. Conspiracy to murder

Any person who conspires with any other person to kill any person, whether such person is in the Republic or elsewhere, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

228. Aiding suicide

Any person who—(a)procures another to kill himself; or(b)counsels another to kill himself and thereby induces him to do so; or(c)aids another in killing himself,is guilty of a felony, and shall be liable to imprisonment for life.

229. Attempting suicide

Any person who attempts to kill himself shall be guilty of a misdemeanor.

230. Offence of infanticide

Where a woman by any wilful 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 section 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.

231. Killing unborn child

Any person 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, shall be guilty of a felony and shall be liable to imprisonment for life.

232. Concealing birth of child

If any woman shall be delivered of a child, every person who by any secret disposition endeavours to conceal the birth of the child shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

232A. Abandonment of child at birth

Any woman who, being delivered of a child, abandons the child at birth, whether such child dies or lives, shall be guilty of an offence and shall be liable to imprisonment for two years.[1 of 2011]

233. Disabling in order to commit felony or misdemeanour

Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanor, or to facilitate the flight of an offender after (the commission or attempted commission of a felony or misdemeanor, renders or attempts to render any person incapable of resistance, shall be guilty of a felony and shall be liable to imprisonment for life.[1 of 2011]

234. Stupefying in order to commit felony or misdemeanor

Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanor, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanor, administers or attempts to administer any stupefying or overpowering drug or thing to any person, shall be guilty of a felony and shall be liable to imprisonment for life.

235. Acts intended to cause grievous harm or prevent arrest

Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person—(a)unlawfully wounds or does any grievous harm to any person by any means 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)unlawfully sends or delivers any explosive substance or other dangerous or noxious thing to any person; or(e)unlawfully causes any such substance or thing to be taken or received by any person; or(f)unlawfully 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,shall be guilty of a felony, and shall be liable to imprisonment for life.[1 of 2011]

236. Preventing escape from wreck

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 life; or(b)obstructs any person in his endeavours to save the life of any person so situated,shall be guilty of a felony and shall be liable to imprisonment for life.

237. Intentionally endangering safety of persons travelling by railway or road

Any person who, with intent to injure or to endanger the safety of any person travelling by any railway or road, whether a particular person or not—(a)places anything on the railway or road; or(b)deals with the railway or road, or with anything whatever upon or near the railway or road, in such a manner as to affect or endanger the free and safe use of the railway or road or the safety of any such person; or(c)shoots or throws anything at, into, or upon or causes anything to come into contact with any person or thing on the railway or road; or(d)shows any light or signal, or in any way deals with any existing light or signal, upon or near the railway or road; or(e)by any omission to do any act which it is his duty to do causes the safety of any such person to be endangered,shall be guilty of a felony, and shall be liable to imprisonment for life.[1 of 2011]

238. Grievous harm

Any person who unlawfully does grievous harm to another shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

239. Attempting to injure by explosive substances

Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

240. Maliciously administering poison with intent to harm

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 grievous harm, shall be guilty of a felony, and shall be liable to imprisonment for fourteen years.

241. Wounding and similar acts

Any person who—(a)unlawfully wounds another; or(b)unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person,shall be guilty of a felony, and shall be liable to imprisonment for seven years.

242. Failure to supply necessaries

Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered, or his health is or is likely to be permanently injured, shall be guilty of a felony, and shall be liable to imprisonment for three years.

243. Surgical operation

A person is not criminally responsible 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 to the patient’s state at the time, and to all the circumstances of the case.

244. Excess of force

Any person authorized 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 and quality of the act which constitutes the excess.

245. Consent

Notwithstanding anything contained in section 244 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 death or maim is caused.

245A. Endangering the environment

Any person who in such a manner as to endanger or to be likely to cause harm to the environment—(a)manages hazardous materials, processes and wastes in an environmentally unsound manner;(b)mislabels wastes, pesticides or chemicals;(c)aids or abets the illegal trafficking in wastes, chemicals, pesticides, hazardous processes or substances; or(d)discharges or emits any pollutant into the environment otherwise than in accordance with the provisions of the Environment Management Act [Cap.. 60:02],shall be guilty of an offence and shall be liable to a fine of K10,000,000 and to imprisonment for ten years.[1 of 2011]

246. Reckless and negligent acts

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 precautions 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 to, or omits to take proper precautions against any probable danger from, any explosive in his possession; or(i)does any act with respect to, or omits to take proper precautions against any probable danger from, any loaded firearm in his possession,shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

247. Other negligent acts causing harm

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 the preceding section, by which act or omission harm is caused to any person, shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

248. Dealing in poisonous substances in negligent manner

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, shall be guilty of an offence and liable to imprisonment for two years.[1 of 2011]

249. Endangering safety of persons travelling by railway or road

Any person who, by any unlawful act or omission not specified in section 237, causes the safety of any person travelling by any railway or road to be endangered, shall be guilty of a misdemeanor.[1 of 2011]

250. Exhibition of false light, mark or buoy

Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

251. Conveying person by water for hire in unsafe or overlaoded vessel

Any person who knowingly or negligently conveys, or causes 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, shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

252. Danger or obstruction in public way or line of navigation

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, shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

253. Common assault

Any person who unlawfully assaults another is guilty of a misdemeanor, and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, shall be liable to imprisonment for one year.

254. Assaults occasioning actual bodily harm

Any person who commits an assault occasioning actual bodily harm shall be guilty of an offence and shall be liable to imprisonment for five years.[1 of 2011]

255. Assaults on persons protecting wreck

Any person who assaults and strikes or wounds any magistrate, officer, or other person lawfully authorized 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, shall be guilty of an offence, and shall be liable to imprisonment for seven years.[1 of 2011]

256. Assaults punishable with more than five years imprisonment

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[1 of 2011](b)assaults, resists, or wilfully 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 rate 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 such 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,shall be guilty of an offence, and shall be liable to imprisonment for five years.[1 of 2011]

257. Definition of kidnapping from the Republic

Any person who conveys any person beyond the limits of the Republic without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Malaŵi.

258. Definition of kidnapping from lawful guardianship

Any person who unlawfully takes or induces from lawful guardianship any child under the age of sixteen years or any person of unsound mind out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person of unsound mind from lawful guardianship.[1 of 2011]

259. Definition of abduction

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.

260. Punishment for kidnapping

Any person who kidnaps any person from Malaŵi or from lawful guardianship, shall be guilty of a felony, and shall be liable to imprisonment for seven years.

261. Kidnapping or abducting in order to murder

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, shall be guilty of a felony and shall be liable to imprisonment for life.[1 of 2011]

262. Kidnapping or abducting with intent to confine person

Any person who kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be guilty of a felony, and shall be liable to imprisonment for seven years.

263. Kidnapping or abducting in order to subject person to grievous harm, ransom, slavery, etc.

Any person who kidnaps or abducts any person 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 ransom or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be guilty of a felony and shall be liable to imprisonment for ten years.[1 of 2011]

264. Wrongfully concealing or keeping in confinement kidnapped or abducted person

Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be guilty 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.

265. Kidnapping or abducting child under sixteen years with intent to steal from its person

Any person who kidnaps or abducts any child under the age of sixteen years with the intention of taking dishonestly any movable property from the person of such child, shall be guilty of a felony and shall be liable to imprisonment for seven years.[1 of 2011]

266. Punishment for wrongful confinement

Whoever wrongfully confines any person shall be guilty of an offence and shall be liable to a fine of K100,000 or to imprisonment for five years.[1 of 2011]

267. Buying or disposing of any person as a slave

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, shall be guilty of a felony, and shall be liable to imprisonment for seven years.

268. Habitual dealing in slaves

Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be guilty of a felony, and shall be liable to imprisonment for ten years.

269. Unlawful compulsory labour

Any person who unlawfully compels any person to labour against the will of that person shall be guilty of a misdemeanor.

Division V — Offences relating to property

270. Things capable of being stolen

271. Definition of theft

272. Special cases

273. Funds, etc., held under direction

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 specified 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.

274. Funds, etc., received by agents for sale

When a person receives, 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 exchange for it, are deemed to be the property of the person from whom the 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 between him and the person to whom he is to pay them or account for them, and that the relation of debtor and creditor only shall exist between them in respect thereof.

275. Money received for another

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.

276. Theft by persons having an interest in the thing stolen

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 the 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 corporation or company or society who are the owners of it.

277. Husband and wife

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, shall be deemed to have stolen the thing, and may be charged with theft.

278. General punishment for theft

Any person who steals anything capable of being stolen shall be guilty of the felony termed theft and shall be liable, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, to imprisonment for five years.

279. Stealing wills

If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender shall be liable to imprisonment for ten years.

280. Stealing postal matter, etc.

If the thing stolen is postal matter or any chattel, money, or valuable security contained in any postal matter, the offender shall be liable to imprisonment for ten years.

281. Stealing cattle

If the thing stolen is any of the things following, that is to say: a horse, mare, gelding, ass, mule, bull, cow, ox, ram, ewe, wether, goat, pig, or ostrich, or the young of any such animal, the offender shall be liable to imprisonment for fourteen years.

282. Stealing from the person; stealing goods in transit, etc.

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;[1 of 2011](b)if the thing is stolen in a dwelling-house and its value exceeds K10, or the offender 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 stolen is attached to or forms part of a railway;(e)if the thing is stolen from a vessel which is in distress or wrecked or stranded;(f)if the thing is stolen from a public office in which it is deposited or kept;(g)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;(h)if the thing stolen is a bicycle;[1 of 2011](i)if the thing stolen is a vessel, an aircraft, a vehicle or a draught, the offender is liable to imprisonment for ten years.[1 of 2011]

283. Stealing by persons in public service

284. Negligence by public officer in preserving money or other property

285. Theft of public subscriptions

Where a person convicted of the theft of money or other property which has been collected either wholly or in part by way of public subscription is a member or agent of any committee or similar body which is intended to administer such money or property, the Court may make such orders in relation to such person as it is required to make in respect of a person to whom section 283 (2) and (7) apply.

286. Stealing by clerks and servants

287. Stealing by directors or officers of companies

If the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, he shall be liable to imprisonment for fourteen years.[5 of 1976]

288. Stealing by agents, etc.

If the thing stolen is any of the things following, that is to say—(a)property which has been received by the offender 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 which 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 have 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,the offender shall be liable to imprisonment for seven years.

289. Stealing by tenants or lodgers

If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, he shall be liable to imprisonment for seven years.[1 of 2011]

290. Stealing after previous conviction

If the offender, before committing the theft, had been convicted of a theft punishable under section 278, he shall be liable to imprisonment for seven years.

291. Concealing registers

Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorized or required by law 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, shall be guilty of a felony, and shall be liable to imprisonment for ten years.

292. Concealing wills

Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, shall be guilty of a felony, and shall be liable to imprisonment for ten years.

293. Concealing deeds

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, shall be guilty of a felony and shall be liable to imprisonment for three years.

294. Killing animals with intent to steal

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, shall be guilty of an offence and shall be liable to the same punishment as if he had stolen the animal.

295. Severing with intent to steal

Any person who makes anything movable with intent to steal it shall be guilty of an offence and shall be liable to the same punishment as if he had stolen the thing after it had become movable.

296. Fraudulent disposal of mortgaged goods

297. Fraudulent dealing with minerals in mines

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, shall be guilty of a felony and shall be liable to imprisonment for five years.

298. Fraudulent appropriation of power

Any person who fraudulently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating, or electrical power derived from any machine, apparatus or substance, the property of another person, shall be guilty of a felony, and shall be liable to imprisonment for five years and a fine of K1,000,000.[1 of 2011]

298A. Fraudulent appropriation of water

Any person who fraudulently abstracts or diverts to his own use or the use of any other person water from any pipes or apparatus shall be guilty of a felony and shall be liable to a fine of K1,000,000 and to imprisonment for five years.[1 of 2011]

298B. Fraudulent appropriation of telecommunication services

Any person who dishonestly obtains a telecommunication service for his own use or for the use of any other person with intent to avoid payment of charge applicable to the provision of that service shall be guilty of an offence and shall be liable to a fine of K2,000,000 and to imprisonment for ten years.[1 of 2011]

299. Unlawful use of vehicles, animals, etc.

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 misdemeanor and shall be liable to a fine of K10,000 and to imprisonment for six months.[1 of 2011]

300. Definition of robbery

Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses 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, shall be guilty of the felony termed "robbery".

301. Punishment of robbery

302. Attempted robbery

303. Assault with intent to steal

Any person who assaults any person with intent to steal anything shall be guilty of a felony and shall be liable to imprisonment for three years.

304. Demanding property by written threats

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, shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

305. Attempts at extortion by threats

306. Procuring execution of deeds, etc., by threats

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 of committing any felony or misdemeanor, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any offence, compels or induces any person—(a)to execute, make, accept, endorse, 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,shall be guilty of a felony and shall be liable to imprisonment for fourteen years.

307. Demanding property with menaces with intent to steal

Any person who, with intent to steal any valuable thing, demands it from any person with menaces or force, shall be guilty of a felony and shall be liable to imprisonment for five years.

308. Definitions

309. Housebreaking and burglary

310. Entering dwelling-house with intent to commit felony

311. Breaking into building and committing a felony

Any person who—(a)breaks and enters a schoolhouse, shop, warehouse, store, office, counting-house, garage, pavilion, club, factory or workshop, or any building belonging to the Government, or to any Government Department, or to any Municipality, Township or other public or local authority, or a building which is adjacent to a dwelling-house and occupied with it, but is not part of it, or any building used as a place of worship and commits a felony therein; or(b)breaks out of the same having committed any felony therein,shall be guilty of a felony and liable to imprisonment for ten years.[1 of 2011]

312. Breaking into building with intent to commit a felony

Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, counting-house, garage, pavilion, club, factory or workshop or any building belonging to the Government, or to any Government Department, or to any Municipality, Township or other public or local authority, or a building which is adjacent to a dwelling-house and occupied with it, but is not part of it, or any building used as a place of worship, with intent to commit a felony therein, shall be guilty of a felony and shall be liable to imprisonment for five years.

313. Persons found armed etc., with intent to commit felony

314. Criminal trespass

315. Forfeiture

When any person is convicted of an offence under this Chapter the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connexion with any such offence shall be forfeited.

316. Unauthorized user of land premises

317. Forfeiture of aircraft, vessel or vehicle

318. Definition of false pretence

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.

319. Obtaining by false pretences

319A. Fraud other than false pretence

Any person who by deceit or other fraudulent means—(a)obtains property from any person;(b)induces any person to deliver property to another person;(c)gains a benefit, pecuniary or otherwise, from any person;(d)causes a detriment, pecuniary or otherwise, to any person;(e)induces any person to do any act that the person is lawfully entitled to abstain from doing; or(f)induces any person to abstain from doing any act that the person is lawfully entitled to do,shall be guilty of an offence and shall be liable to imprisonment for seven years.[1 of 2011]

319B. Evasion of liability by false pretence

319C. Making off without payment

319D. Passing valueless cheque

320. Obtaining execution of a security by false pretences

Any person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse, alter, or destroy the whole or any 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 converted into or used or dealt with as a valuable security, shall be guilty of an offence and shall be liable to imprisonment for five years.[32 of 1969][1 of 2011]

321. Cheating

Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being 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 device, shall be guilty of an offence and shall be liable to imprisonment for three years.[1 of 2011]

322. Obtaining credit, etc., by false pretences

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 property; 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,shall be guilty of a misdemeanor and shall be liable to imprisonment for one year.

323. Conspiracy to defraud

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, shall be guilty of a misdemeanor and shall be liable to imprisonment for three years.

324. Frauds on sale or mortgage of property

Any person who, being a seller or mortgagor of any property, or being the legal practitioner 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,shall be guilty of a misdemeanor and shall be liable to imprisonment for two years.

325. Pretending to tell fortunes

Any person who for gain or reward undertakes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, shall be guilty of a misdemeanor.

326. Obtaining registration, etc., by false pretence

Any person who wilfully 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 misdemeanor, and is liable to imprisonment for twelve months.

327. False declaration for passport

Any person who makes a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or any other person, shall be guilty of a misdemeanor.

328. Receiving stolen property, etc.

329. Person having in possession property suspected of being stolen

Any person who is brought before a court charged with having in his possession anything which may be reasonably suspected of having been stolen or unlawfully obtained, and who does not give an account to the satisfaction of such court of how he came by the same, shall be guilty of a misdemeanor.

330. Tracing possession

331. Receiving or bringing in property dishonestly acquired outside malawi

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 Malaŵi the