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[F.A.Q.]
Papua New Guinea Consolidated Legislation |
Chapter 262.
Criminal Code Act 1974.
Certified on: / /20 .
Chapter 262.
Criminal Code Act 1974.
ARRANGEMENT OF SECTIONS.
1. Interpretation.
2. Establishment of the Criminal Code.
3. Civil remedies.
4. Liability to trial.
5. Contempt of court.
6. Saving of powers of courts under other Acts.
Being an Act to establish a code of criminal law.
1. INTERPRETATION.
“the Code” means the Code of Criminal Law contained in Schedule 1;
“the commencement date” means 1 November 1975 (being the date of commencement of the pre-Independence Criminal Code Act 1974).
2. ESTABLISHMENT OF THE CRIMINAL CODE.
3. CIVIL REMEDIES.
(a) this Act does not affect any right of action that a person would have had against another person if this Act had not been passed; and
(b) no omission from the Code of any penal provision in respect of any act or omission that before the commencement date constituted an actionable wrong affects any right of action in respect of that provision.
4. LIABILITY TO TRIAL.
5. CONTEMPT OF COURT.
6. SAVING OF POWERS OF COURTS UNDER OTHER ACTS.
SCHEDULE 1 – THE CRIMINAL CODE..
PART I. – INTRODUCTORY.
Division 1. – Interpretation.
1. INTERPRETATION.
“aircraft” includes any machine or apparatus designed to support itself in the atmosphere, whether or not–
(a) it is incapable of use through mechanical defect; or
(b) any part or parts of it have been removed for any purpose or by any person;
“bodily harm ” means any bodily injury that interferes with health or comfort;
“circumstances of aggravation” includes any circumstances by reason of which an offender is liable to a greater punishment than that to which he would be liable if the offence were committed without the existence of that circumstance;
“clerk” includes–
(a) any person employed for any purpose as or in the capacity of a clerk or servant, or as a collector of money, even if temporarily only, or if–
(i) employed also by other persons than the person alleged to be his employer; or
(ii) employed to pay as well as receive money; and
(b) any person employed as or in the capacity of a commission agent for the collection or disbursement of money, or in any similar capacity, although he has no authority from his employer to receive money or other property on his account; and
(c) any person who acts in the capacity of an officer of a Friendly Society or branch of a Friendly Society;
“company” means an incorporated company;
[1]“Complainant” means a person against whom an offence is alleged to have been committed.
“criminally responsible” means liable to punishment as for an offence;
“dwelling-house” includes any building or structure, or part of a building or structure, that is for the time being kept by the owner or occupier for the residence of himself, his family, or servants, or any of them, whether or not it is from time to time uninhabited;
“explosive substance” includes a gaseous substance in such a state of compression as to be capable of explosion;
“genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such–
(a) killing members of that group; or
(b) causing serious bodily or mental harm to members of that group; or
(c) deliberately inflicting on that group conditions of life calculated to bring about its destruction in whole or in part; or
(d) imposing measures intended to prevent births within that group; or
(e) forcibly transferring children of that group to another group;
“gratification” includes–
(a) money, loans, rewards or an interest in property; or
(b) an office or employment; or
(c) a payment of or release from a loan or liability; or
(d) valuable consideration of any kind; or
(e) forbearance to demand money or money’s worth; or
(f) aid, a vote, consent or influence; or
(g) a service, favour or advantage of any description whatsoever; or
(h) an offer or promise of any kind of gratification as described in Paragraphs (a) to (g) inclusive;
“grievous bodily harm” means any bodily injury of such a nature as to endanger or be likely to endanger life, or to cause or be likely to cause permanent injury to health;
“have in possession” includes having under control in any place, whether for the use or benefit of the person of whom the term is used or of another person, whether or not another person has the actual possession or custody of the thing in question;
“indictment” means a written charge preferred against an accused person in order to his trial before some court other than a court of summary jurisdiction;
“knowingly”, when used in connection with an expression denoting uttering, implies a knowledge of the character of the thing uttered or used;
“liable”, used alone, means liable on conviction on indictment;
“mail” includes anything sent by post that is in actual course of transmission from one place to another;
“mail conveyance” includes–
(a) any conveyance of any kind by which a mail is carried; and
(b) any vessel employed by or under the Post PNG Limited or the postal authority of any other country, or the Admiralty, for the conveyance of mails, whether under contract or not; and
(c) a ship of war or other vessel in the service of Her Majesty in respect of letters conveyed by it;
“money” includes bank notes, bank drafts, cheques, and any other orders, warrants, authorities, or requests for the payment of money;
“motor vehicle” includes–
(a) any machine or apparatus designed for propulsion wholly or partly by gas, motor spirit, oil, electricity, steam or other mechanical power; and
(b) a motor cycle; and
(c) a caravan, caravan trailer or other trailer designed to be attached to a motor vehicle,
whether or not the machine or apparatus–
(d) is incapable of use through mechanical defect; or
(e) has had any part or parts of it removed for any purpose or by any person;
“night” means the interval between 9 p.m. and 6 a.m.;
“night-time” has the same meaning as “night”;
“owner”, and other like terms, when used with reference to property, include–
(a) a corporation; and
(b) any other association of persons capable of owning property; and
(c) the State;
“person employed in the Public Service” includes officers and men of the Defence Force, members of the Police Force and persons employed to execute any process of a court of justice;
“post office” means any structure, room, place or receptacle established by Post PNG Limited for the provision of postal services (and includes, without limitation, a house, building, room, place, or structure where postal articles are by permission or under the authority of Post PNG Limited received, delivered, sorted or made up from or from which postal articles are despatched);
“property” includes every thing, animate or inanimate, capable of being the subject of ownership;
“public body” means–
(a) the State; or
(b) a province; or
(c) a provincial government; or
(d) a State Service established under or by authority of Section 188 (Establishment of State Services) of the Constitution; or
(e) a constitutional institution, being any office or institution established or provided for by the Constitution including the Head of State, a Minister or the National Executive Council; or
(f) a body or corporation established by statute;
“registered brand” means a brand that is registered under a law relating to brands;
“registered mark” means a mark that is registered under a law relating to brands;
“servant” has the same meaning as “clerk”;
“ship” includes every kind of vessel used in navigation not propelled by oars;
“summary conviction” means conviction by a court of summary jurisdiction;
“telegram” means a thing sent by telegraph, and includes any written message delivered at a telegraph office or post office for transmission by telegraph, or delivered or prepared for delivery from a telegraph office or post office as a message transmitted by telegraph for delivery;
“telegraph” includes a telephone;
“telegraph office” means any structure, room, place or receptacle appointed by authority of the Postmaster-General for the receipt, dispatch or delivery of anything sent by telegraph, or for the transaction of the business of the Department of Posts and Telegraphs relating to telegraphs;
“thing sent by post” includes–
(a) any letter, newspaper, packet, parcel or other thing authorized by law to be transmitted by post, that–
(i) has been posted or received at a post office for delivery or transmission by post; and
(ii) is in course of transmission by post; and
(b) any movable receptacle that–
(i) contains any such thing; and
(ii) is in course of transmission by post;
“uncorroborated testimony”, in relation to an accused person, means testimony that is not corroborated in some material particular by other evidence implicating him;
“utter” means–
(a) use or deal with; or
(b) attempt to use or deal with; or
(c) attempt to induce any person to use, deal with, or act on,
the thing in question;
“valuable security” includes any document that–
(a) is the property of any person; and
(b) is evidence of the ownership of any property or of the right to recover or receive any property;
“vessel” includes a ship or boat, and every other kind of vessel used in navigation.
(2) A flight of an aircraft shall be deemed to commence–
(a) at the time of the closing of the external door of the aircraft last to be closed before the aircraft first moves for the purpose of taking off from any place; or
(b) if Paragraph (a) is not applicable–at the time at which the aircraft first moves for the purpose of taking off from any place,
and shall be deemed to end–
(c) at the time of the opening of the external door of the aircraft first to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or
(d) if Paragraph (c) is not applicable–at the time at which the aircraft comes to rest after its next landing after the commencement of the flight,
or, if the aircraft is destroyed, or the flight is abandoned, before either Paragraph (c) or (d) becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.
(3) A building or structure adjacent to, and occupied with, a dwelling-house shall be deemed to be part of the dwelling-house if there is a communication between the 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.
(4) For the purposes of the definition “thing sent by post” in Subsection (1)–
(a) a thing shall be deemed to be in course of transmission by post or telegraph from the time of its being delivered to a post office or telegraph office to the time of its being delivered to the person to whom it is addressed; and
(b) a delivery at the house or office of the person to whom anything sent by post or telegraph is addressed, to him or to some person apparently authorized to receive it according to the usual manner of delivering that person’s letters or telegrams, shall be deemed a delivery to the person addressed.
(5) In this Code, unless the contrary intention appears, a reference to the Queen and Head of State includes a reference–
(a) to the successor, by virtue of Section 83 (Queen’s successors) of the Constitution to the Queen and Head of State; and
(b) as appropriate, to a person or persons referred to in Sec. Sch. 1.21 (the Head of State: the Governor-General) of the Constitution.
2. DEFINITION OF OFFENCE.
3. DIVISION OF OFFENCES.
(a) crimes; and
(b) misdemeanours; and
(c) simple offences.
(2) Crimes and misdemeanours are indictable offences, for which offenders unless otherwise expressly stated, shall be prosecuted or convicted–
(a) on indictment; or
(b) in accordance with Section 420; or
(c) in accordance with any other law.
(3) An offence not otherwise designated is a simple offence.
(4) Subject to any other law, a person guilty of a simple offence may be summarily convicted before a court of summary jurisdiction.
4. ATTEMPTS TO COMMIT OFFENCES.
(a) begins to put his intention into execution by means adapted to its fulfilment; and
(b) manifests his intention by some overt act,
but does not fulfil his intention to such an extent as to commit the offence, he is said to attempt to commit the offence.
(2) It is immaterial, except so far as regards punishment whether–
(a) the offender does all that is necessary on his part for completing the commission of the offence; or
(b) the complete fulfilment of his intention is prevented by circumstances independent of his will; or
(c) he desists of his own motion from the further prosecution of his intention.
(3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.
(4) The same facts may constitute one offence and an attempt to commit another offence.
5[3]. [REPEALED.]
6. SEXUAL PENETRATION.
(a) the introduction, to any extent, by a person of his penis into the vagina, anus or mouth of another person; or
(b) the introduction, to any extent, by a person of an object or a part of his or her body (other than the penis) into the vagina or anus of another person, other than in the course of a procedure carried out in good faith for medical or hygienic purposes.
6A. RELATIONSHIP OF TRUST, AUTHORITY OF DEPENDENCY.
(2) A “relationship of trust, authority or dependency” includes, but is not limited to, circumstances where –
(a) the accused is a parent, step-parent, adoptive parent or guardian of the complainant; or
(b) the accused has care or custody of the complainant; or
(c) the accused is the complainant’s grandparent, aunt, uncle, sibling (including step sibling) or first cousin; or
(d) the accused is a school teacher and the complainant is his pupil; or
(e) the accused is a religious instructor or the complainant; or
(f) the accused is a counsellor or youth worker acting in his professional capacity; or
(g) the accused is a heath care professional and the complainant is his patient; or
(h) the accused is a police or prison officer and the complainant is in his care or control.
Division 2. – Parties to Offences.
7. PRINCIPAL OFFENDERS.
(a) every person who actually does the act or makes the omission that constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence.
(2) In Subsection (1)(d), the person may be charged with–
(a) committing the offence; or
(b) counselling or procuring its commission.
(3) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.
(4) Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, it would have constituted an offence on his part, is–
(a) guilty of an offence of the same kind; and
(b) liable to the same punishment,
as if he had done the act or made the omission, and may be charged with himself doing the act or making the omission.
8. OFFENCES COMMITTED IN PROSECUTION OF COMMON PURPOSE.
(a) two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another; and
(b) 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 the purpose,
each of them shall be deemed to have committed the offence.
9. MODE OF EXECUTION IMMATERIAL.
(a) a person counsels another to commit an offence; and
(b) an offence is actually committed under that counsel by the person to whom it is given,
it is immaterial whether–
(c) the offence actually committed is the same as that counselled or a different one; or
(d) the offence is committed in the way counselled, or in a different way,
if the facts constituting the offence actually committed are a probable consequence of carrying out the counsel.
(2) The person who gave the counsel shall be deemed to have counselled the other person to commit the offence actually committed by him.
10. ACCESSORIES AFTER THE FACT.
(2) A married woman does not become an accessory after the fact to an offence of which her husband is guilty–
(a) by receiving or assisting him in order to enable him to escape punishment; or
(b) by receiving or assisting, in her husband’s presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment.
(3) A married man does not become an accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.
Division 3. – Application of the Criminal Law.
11. EFFECT OF CHANGES IN LAW.
(a) the act or omission constituted an offence under the law in force when it occurred; and
(b) doing or omitting to do the act under the same circumstances would constitute an offence under the law in force at the time when he is charged with the offence.
(2) If the law in force when the act or omission occurred differs from that in force at the time of the conviction, the offender cannot be punished to any greater extent than was authorized by the former law, or to any greater extent than is authorized by the latter law.
12. TERRITORIAL APPLICATION OF THE CODE.
(2) Where offences are of such a nature that they comprise several elements, if–
(a) any acts, omissions or events actually occur which, if they all occurred in Papua New Guinea, would constitute an offence; and
(b) any of the acts, or omissions or events occur in Papua New Guinea,
then–
(c) if the act or omission that, in the case of an offence wholly committed in Papua New Guinea, would be the initial element of the offence, occurs in Papua New Guinea, the person who does that act or makes that omission is guilty of an offence of the same kind, and is liable to the same punishment, as if all the subsequent elements of the offence had occurred in Papua New Guinea; and
(d) if the act or omission occurs outside Papua New Guinea, and the person who does the act or makes the omission afterwards comes into Papua New Guinea, he is by coming into Papua New Guinea guilty of an offence of the same kind, and is liable to the same punishment, as if–
(i) the act or omission had occurred in Papua New Guinea; and
(ii) he had been in Papua New Guinea when it occurred.
(3) In a case referred to in Subsection (2)(d), it is a defence to the charge to prove that the accused person did not intend that the act or omission should have effect in Papua New Guinea.
(4) Subject to Subsection (5), this section does not extend to a case in which the only material event that occurs in Papua New Guinea is the death of a person whose death is caused by an act done or omitted to be done outside Papua New Guinea, and at a time when he was not in Papua New Guinea.
(5) The Code shall have extra-territorial effect so as to give effect to the Offences (Overseas) Act 1984.
13. OFFENCES PROCURED OR COUNSELLED BY PERSONS OUTSIDE PAPUA NEW GUINEA.
(a) while outside Papua New Guinea procures another person to do or omit to do an act in Papua New Guinea of such a nature that, if he had himself done the act or made the omission, in Papua New Guinea, he would have been guilty of an offence; and
(b) afterwards comes into Papua New Guinea,
is by coming into Papua New Guinea guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission in Papua New Guinea.
(2) A person who–
(a) while outside Papua New Guinea counsels or procures the commission of an offence that is actually committed in Papua New Guinea; and
(b) afterwards comes into Papua New Guinea,
is guilty of an offence of the same kind, and is liable to the same punishment, as if he had been in Papua New Guinea when the offence was committed.
14. OFFENCES PROCURED IN PAPUA NEW GUINEA TO BE COMMITTED OUTSIDE PAPUA NEW GUINEA.
(a) if he had himself done the act or made the omission in Papua New Guinea, he would have been guilty of an offence; and
(b) if he had himself done the act or made the omission, he would have been guilty of an offence under the law in force in the place where the act or omission is done or made,
is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission had been made in Papua New Guinea.
(2) The punishment for an offence by virtue of Subsection (1) shall not exceed the punishment that the offender would have incurred under the law in force in the place where the act was done or the omission was made, if he had himself done the act or made the omission.
(3) A prosecution cannot be instituted under this section except at the request of the Government of the State having jurisdiction in the place where the act or omission occurs.
15. DEFENCE FORCE.
16. PERSON NOT TO BE PUNISHED TWICE FOR SAME OFFENCE.
(2) Subsection (1) does not apply where an act or omission is such that by means of it the offender causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing the death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.
17. FORMER CONVICTION OR ACQUITTAL.
(a) tried and convicted or acquitted, on an indictment on which he might have been convicted of the offence with which he is charged; or
(b) acquitted on indictment, or convicted, of an offence of which he might be convicted on the indictment or complaint on which he is charged.
Division 4. – Punishments.
18. KINDS OF PUNISHMENT.
(a) death; or
(b) imprisonment with hard labour; or
(c) imprisonment without hard labour; or
(d) detention in an institution as defined in–
(i) the Child Welfare Act 1961; or
(ii) the Juvenile Courts Act 1991;
(e) fine; or
(f) finding security to keep the peace and be of good behaviour; or
(g) restriction of movement.
19. CONSTRUCTION OF PROVISIONS OF CODE AS TO PUNISHMENTS.
(aa)[8] a person liable to death may be sentenced to imprisonment for life or for any shorter term; and
(a) a person liable to imprisonment for life or for any other period, may be sentenced to imprisonment for any shorter term; and
(b) a person liable to imprisonment may be sentenced to pay a fine not exceeding K2,000.00 in addition to, or instead of, imprisonment; and
(c) a person sentenced on conviction on indictment to pay a fine may be sentenced–
(i) to be imprisoned until the fine is paid, in addition to any other punishment to which he is sentenced; and
(ii) instead of being sentenced to be imprisoned until the fine is paid–to be imprisoned for a term (not exceeding the term provided for in Subparagraph (i)) if the fine is not paid within a specified period (which period may be extended as the court thinks fit); and
(d) a person convicted on indictment of an offence not punishable with death may–
(i) instead of, or in addition to, any punishment to which he is liable–be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks proper, to keep the peace and be of good behaviour for a time fixed by the court; and
(ii) comply with such other conditions as the court may, in its discretion, impose; and
(e) a person convicted of any offence on summary conviction may, instead of being sentenced to any punishment to which he is liable, be discharged on his entering into his own recognizances, with or without sureties, in such amount as the court thinks proper, to keep the peace and be of good behaviour for a term not exceeding one year; and
(f) when a person is convicted of an offence not punishable with death, the court may instead of passing sentence, discharge the offender on his entering into his own recognizance, with or without sureties, in such sum as the court thinks proper, conditioned that–
(i) he shall appear and receive judgement at some future sittings of the court or when called on within a period specified by the court; and
(ii) if the court thinks fit, he shall in the meantime keep the peace and be of good behaviour and comply with such other conditions as the court, in its discretion, imposes.
(2) Imprisonment in accordance with Subsection (1)(c)(i), for non-payment of the fine–
(a) shall not extend for a term longer than two years; and
(b) shall not together with the fixed term of imprisonment (if any) extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.
(3) In a case to which Subsection (1)(c) applies, the court may give such directions as it thinks proper as to the enforcement of the sentence of imprisonment, including a direction that the person sentenced appear at some future sittings of the court or when called on, by notice in the prescribed form, to show cause why the sentence of imprisonment should not be executed because of the non-payment of the fine within the specified period or any extension of that period.
(4) If under Subsection (3) a person directed to appear, or called on by notice in the prescribed form, to show cause why the sentence of imprisonment should not be executed because of the non-payment of the fine within the specified period, or any extension of that period, does not appear at the required time and place, a Judge may issue a warrant to arrest him and to bring him before a Judge.
(5) Imprisonment under Subsection (1)(d) for not entering into a recognizance–
(a) shall not extend for a term longer than one year; and
(b) shall not together with the fixed term of imprisonment (if any) extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.
(6) When a court sentences any person convicted under Subsection (1)(d) to a term of imprisonment, it may further order that–
(a) the offender be imprisoned for such portion of that term as it thinks proper; and
(b) the execution of the sentence for the remaining portion of the sentence be suspended on his entering into a recognizance, with sureties if so directed, in accordance with Subsection (1)(d) but further conditioned that, if called on, he shall appear and receive judgement in respect of his service of the portion of the sentence.
(7) A Judge may, on being satisfied that the offender has committed a breach of any of the conditions of a recognizance under Subsection (6), forfeit the recognizance and commit him to prison to undergo the suspended portion of his sentence or any part of it.
(8)[9] [Repealed.]
(9) Notwithstanding that restriction of movement is not specified as a punishment for an offence, a court may, in addition to any other punishment or punishments imposed, also impose restriction of movement in accordance with Section 600.
(10)[10] [11]When a court is considering the punishment or punishments to be imposed in any case it shall also consider whether, in the circumstances of the case, restriction of movement is an appropriate punishment.
20. CALCULATION OF TERM OF SENTENCE: CUMULATIVE SENTENCES: ESCAPED PRISONERS.
(2) Subject to Subsection (1), a sentence of imprisonment–
(a) on a conviction on indictment–takes effect from the first day of the sittings of the court at which the offender is convicted; and
(b) on a summary conviction–takes effect from the commencement of the offender’s custody under the sentence.
(3) A person who escapes from lawful custody while undergoing a sentence involving deprivation of liberty is liable on recapture to undergo the punishment that he was undergoing at the time of his escape, for a term equal to the period during which he was absent from prison after the escape and before the expiration of the term of his original sentence whether or not at the time of his recapture the term of that sentence had or has not expired.
21. PREROGATIVE.
21A. VICTIM IMPACT STATEMENTS.
(2) A statement referred to in Subsection (1) must be –
(a) prepared in writing in the form and in accordance with the procedures established for that purpose; and
(b) filed with the court.
(3) A statement of the victim of an offence prepared and filed in accordance with Subsection (2) does not prevent the court from considering any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender.
(4) For the purposes of this section, “victim”, in relation to any offence –
(a) means the person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and
(b) where the person described in Paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in Subsection (1), includes the spouse or any other relative of that person, anyone who has in law or fact the custody of that person or is responsible for the case or support of that person of any dependent of that person.
Division 5. – Criminal Responsibility.
22. APPLICATION OF DIVISION 5.
23. IGNORANCE OF LAW, BONA FIDE CLAIM OF RIGHT.
(2) A person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud.
24. INTENTION: MOTIVE.
(a) an act or omission that occurs independently of the exercise of his will; or
(b) an event that occurs by accident.
(2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.
(3) Unless otherwise expressly declared, the motive by which a person is induced–
(a) to do or omit to do an act; or
(b) to form an intention,
is immaterial so far as regards criminal responsibility.
25. MISTAKE OF FACT.
(2) The operation of Subsection (1) may be excluded by the express or implied provisions of the law relating to the subject.
26. EXTRAORDINARY EMERGENCIES.
27. PRESUMPTION OF SANITY.
28. INSANITY.
(a) to understand what he is doing; or
(b) to control his actions; or
(c) to know that he ought not to do the act or make the omission.
(2) A person–
(a) whose mind, at the time of his doing or omitting to do an act is affected by delusions on some specific matter or matters; and
(b) who is not otherwise entitled to the benefit of the provisions of Subsection (1),
is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist.
29. INTOXICATION.
(2) Section 28 does not apply to the case of a person who has intentionally caused himself to become intoxicated or stupefied.
(3) When an intention to cause a specific result is an element of an offence, intoxication, whether complete or partial, and whether intentional or unintentional, may be regarded for the purpose of ascertaining whether such an intention in fact existed.
30. IMMATURE AGE.
(2) A person under the age of 14 years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.
(3)[13] [Repealed.]
31. JUDICIAL OFFICERS.
(a) an act done is in excess of his judicial authority; or
(b) he is bound to do an act omitted to be done.
32. JUSTIFICATION AND EXCUSE: COMPULSION.
(a) in execution of the law; or
(b) in obedience to the order of a competent authority that he is bound by law to obey, unless the order is manifestly unlawful; or
(c) when the act is reasonably necessary in order to resist actual and unlawful violence threatened to him, or to another person in his presence; or
(d) when he does or omits to do the act–
(i) in order to save himself from immediate death or grievous bodily harm threatened to be inflicted on him by some person actually present and in a position to execute the threats; and
(ii) believing himself to be unable otherwise to escape the carrying of the threats into execution,
but this protection does not extend to an act or omission that would constitute an offence, punishable with death or the offence of wilful murder or an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element, nor to a person who has by entering into an unlawful association or conspiracy rendered himself liable to have such threats made to him.
(2) Whether an order is or is not manifestly unlawful is a question of law.
33. COMPULSION OF HUSBAND.
(2) A married woman is not criminally responsible for doing or omitting to do an act that–
(a) she is actually compelled by her husband to do or omit to do; and
(b) is done or omitted to be done in his presence,
except in the case of an act or omission that would constitute–
(c) an offence that is punishable with death; or
(d) the offence of wilful murder; or
(e) an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element.
34. CONSPIRACY BETWEEN HUSBAND AND WIFE.
35. OFFENCES BY PARTNERS AND MEMBERS OF COMPANIES WITH RESPECT TO PARTNERSHIP OR CORPORATE PROPERTY.
36. LIABILITY OF HUSBAND AND WIFE FOR OFFENCES TO THE OTHER’S PROPERTY.
(2) When a husband and wife are living together, neither of them incurs any criminal responsibility for doing or omitting to do any act with respect to the property of the other, except–
(a) an act or omission of which an intention to injure or defraud some other person is an element; or
(b) an act done by either of them when leaving or deserting, or when about to leave or desert, the other.
(3) Subject to Subsection (2), a husband or wife is criminally responsible for any act done by him or her with respect to the property of the other that would be an offence if they were not husband and wife, to the same extent as if they were not husband and wife.
(4) A husband or wife cannot institute criminal proceedings against the other with respect to the property of the other while they are living together.
(5) On the prosecution–
(a) of a husband on the complaint of his wife for an offence committed with respect to her property; or
(b) of a wife on the complaint of her husband for an offence committed with respect to his property,
the complainant is a competent and compellable witness.
PART II. – OFFENCES AGAINST PUBLIC ORDER.
Division 1. – Treason and Other Offences against the Queen’s Person and Authority.
37. TREASON.
(a) kills the Queen and Head of State, or does Her any bodily harm tending to Her death, maiming, wounding, imprisonment or restraint; or
(b) kills the eldest son and heir-apparent for the time being of the Sovereign, or, if the successor, by virtue of Section 83 of the Constitution (Queens successors), to the Queen and Head of State is a male, the Queen Consort of the reigning King; or
(c) forms an intention to do an act referred to in Paragraph (a) or (b), and manifests such intention by any overt act; or
(d) conspires with any other person to kill the Queen and Head of State or to do Her any bodily harm tending to Her death, maiming, wounding, imprisonment or restraint; or
(e) levies war against the Queen and Head of State–
(i) with intent to depose the Queen and Head of State from the style, honour, and royal name of the Crown of the United Kingdom of Great Britain and Northern Ireland, or of any other of Her Majesty’s dominions; or
(ii) in order, by force or constraint, to compel the Queen and Head of State to change Her measures or counsels, or in order to put any force or constraint on, or to intimidate or overawe, any House of Parliament of any of Her Majesty’s dominions; or
(f) conspires with any other person to levy war against the Queen and Head of State, with any intent or purpose referred to in Paragraph (e); or
(g) instigates a foreigner to make an armed invasion of any part of Her Majesty’s dominions; or
(h) assists by any means whatever a public enemy at war with the Queen and Head of State; or
(i) violates, whether with her consent or not, a Queen Consort, or the wife of the eldest son and heir-apparent for the time being of the successor (being a male) of the Queen and Head of State,
is guilty of the crime of treason.
Penalty: Death.
38. CONCEALMENT OF TREASON.
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not–
(i) give information of it with all reasonable despatch to a magistrate; or
(ii) use other reasonable endeavours to prevent the commission of the crime,
is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
39. TREASONABLE CRIMES.
(a) to depose the Queen and Head of State from the style, honour, and royal name of the Crown of the United Kingdom of Great Britain and Northern Ireland, or of any other of Her Majesty’s dominions; or
(b) to levy war against the Queen and Head of State within any part of Her dominions in order, by force or constraint, to compel the Queen and Head of State to change Her measures or counsels, or in order to put any force or constraint on, or to intimidate or overawe, any House of Parliament of any of Her Majesty’s dominions; or
(c) to instigate a foreigner to make an armed invasion of any of Her Majesty’s dominions,
and manifests such intention by any overt act, is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
(2) A person charged with an offence against Subsection (1) is not entitled to be acquitted on the ground that any act proved to have been committed by him constitutes the crime of treason, but a person who has been tried and convicted or acquitted, on a charge of any such crime shall not be afterwards prosecuted for treason in respect of the same facts.
40. CHARGES OF TREASON OR CONCEALMENT OF TREASON.
(2) A person charged with treason or with an offence against Section 38 or 39 shall not be convicted, except–
(a) on his own plea of guilty; or
(b) on the evidence in open court of at least two witnesses to one overt act of the kind of treason alleged; or
(c) on the evidence of one witness to one overt act, and one other witness to another overt act of the same kind of treason.
(3) This section does not apply where the overt act of treason alleged is–
(a) the killing of the Queen and Head of State; or
(b) a direct attempt to endanger the life or injure the person of the Queen and Head of State.
41. INCITING TO MUTINY.
(a) to seduce any person serving in the Defence Force by sea, land or air from his duty and allegiance; or
(b) to incite any such person 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,
is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
(2) A person who has been tried, and convicted or acquitted, on a charge of an offence against Subsection (1) shall not be afterwards prosecuted for any other offence against this Division in respect of the same facts.
42. ASSISTING ESCAPE OF PRISONERS OF WAR.
(a) knowingly and advisedly aids an alien enemy of the Queen and Head of State who is a prisoner of war in Papua New Guinea, whether he–
(i) is confined in a prison or elsewhere; or
(ii) 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 Papua New Guinea; or
(b) being a person who owes allegiance to the Queen and Head of State, after any such prisoner has escaped by sea from any part of Her Majesty’s dominions, knowingly and advisedly aids him, on the high seas within the territorial waters of Papua New Guinea, in his escape to or towards any place,
is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
43. OVERT ACT.
(a) every act of conspiring with any person to effect that purpose; and
(b) every act done in furtherance of the purpose by any of the persons conspiring,
shall be deemed to be an overt act manifesting the intention.
Division 2. – Sedition.
44. DEFINITION OF SEDITIOUS INTENTIONS.
(a) to bring the Queen and Head of State into hatred or contempt; or
(b) to excite disaffection against–
(i) the Queen and Head of State, the National Government or the Constitution as by law established; or
(ii) the Parliament; or
(iii) the administration of justice; or
(c) to excite the inhabitants of Papua New Guinea to attempt to procure the alteration of any matter in Papua New Guinea as by law established otherwise than by lawful means; or
(d) to raise discontent or disaffection amongst the inhabitants of Papua New Guinea; or
(e) to promote feelings of ill-will and enmity between different classes of the inhabitants of Papua New Guinea,
is a seditious intention.
45. INNOCENT INTENTIONS.
(a) to endeavour in good faith to show that the Queen and Head of State has been mistaken in any of Her counsels; or
(b) to point out in good faith errors or defects in–
(i) the government or Constitution of Papua New Guinea as by law established; or
(ii) legislation; or
(iii) the administration of justice,
with a view to the reformation of such errors or defects; or
(c) to excite in good faith the inhabitants of Papua New Guinea to attempt to procure by lawful means the alteration of any matter in Papua New Guinea established by law; or
(d) to point out in good faith for the purpose of their removal any matters that are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the inhabitants of Papua New Guinea.
46. SEDITIOUS ENTERPRISES, ETC.
(2) Seditious words are words expressive of a seditious intention.
(3) The expression “seditious writing” includes anything intended to be read, and any sign or visible representation, that is expressive of a seditious intention.
47. UNLAWFUL OATHS TO COMMIT CAPITAL OFFENCES.
(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 a crime punishable with death; or
(b) takes any such oath or engagement, not being compelled to do so; or
(c) attempts to induce any person to take any such oath or engagement,
is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
48. UNLAWFUL OATHS TO COMMIT OFFENCES.
(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–
(i) to engage in a mutinous or seditious enterprise; or
(ii) to commit an indictable offence not punishable with death; or
(iii) to disturb the public peace; or
(iv) to be of any association, society, or confederacy, formed for the purpose of doing any act referred to in Subparagraph (i), (ii) or (iii); or
(v) to obey the order 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; or
(vi) not to inform or give evidence against any associate, confederate, or other person; or
(vii) not to reveal or discover–
(A) any unlawful association, society, or confederacy; or
(B) any illegal act done or to be done; or
(C) 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; or
(c) attempts to induce any person to take any such oath or engagement,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
49. COMPULSION AS A DEFENCE.
(a) by information on oath before some member of the National Executive Council or justice of the peace; or
(b) if he is on actual service in the Defence Force by sea, land or air–
(i) by such information; or
(ii) by information to his commanding officer,
the whole of what he knows concerning the matter, including–
(c) the person or persons by whom; and
(d) in whose presence; and
(e) the place where; and
(f) the time when,
the oath or engagement was administered or taken.
50. EFFECT OF PROSECUTION.
(a) of treason; or
(b) of failing, when he knows that a person intends to commit treason, to give information of it with all reasonable despatch to a magistrate or use other reasonable endeavours to prevent the commission of the crime.
51. RAISING OF UNAUTHORIZED FORCES.
(a) establishes or organizes; or
(b) assists any person to establish or organize; or
(c) equips or assists any person to equip by any means (including equipping with traditional weapons); or
(d) takes part in or associates with,
a military force, para-military force, police force, body of persons purporting to exercise military, para-military or police powers or functions or any force similar in nature to a military, para-military or police force, except as provided for by law, is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 14 years.
(2) A person who–
(a) plans or prepares for; or
(b) assists in the planning or preparation for,
the raising of a military force, para-military force, police force, body of persons purporting to exercise military, para-military or police powers or functions, or any force similar in nature to a military, para-military or police force, except as provided for by law, is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 14 years.
52. QUASI-MILITARY ORGANIZATIONS.
(a) organized, trained or equipped for the purpose of enabling them to be employed in usurping all or any of the functions of the Police Force or of the Defence Force, or of a part of either of those forces; or
(b) organized and trained, or organized and equipped–
(i) for the purpose of enabling them to be employed for the use or display of any physical force in promoting any political object; or
(ii) in such a manner as to arouse reasonable apprehension that they are organized and trained or organized and equipped for that purpose,
each member of the association is guilty of a misdemeanour.
Penalty: A fine not exceeding K500.00 or imprisonment for a term not exceeding one year.
(2) A person who–
(a) promotes or conspires with another person to promote; or
(b) takes part in the organizing, training or equipping of members or adherents of,
an association referred to in Subsection (1) for any of the purposes specified in that subsection is guilty of a misdemeanour.
Penalty: A fine not exceeding K1,000.00 or imprisonment for a term not exceeding three years.
(3) Subject to Subsection (4), a person who takes part in the control or management of an association referred to in Subsection (1) is guilty of a misdemeanour.
Penalty: A fine not exceeding K1,000.00 or imprisonment for a term not exceeding three years.
(4) It is a defence to a charge of an offence against Subsection (3) if the person charged proves that he did not consent to or connive at the organization, training or equipment of the members or adherents of the association in contravention of Subsection (1).
(5) A prosecution for an offence against this section shall not be instituted without the written consent of the Prime Minister.
(6) In a prosecution for an offence against this section, proof of things done or of words written, spoken or published by any person taking part in–
(a) the control or management of an association; or
(b) organizing, training or equipping members or adherents of an association,
is admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association (whether those persons or others) were organized, or trained or equipped.
(7) This section does not prohibit–
(a) the employment of a reasonable number of persons as stewards to assist in the preservation of order at a lawful public meeting held on private premises; or
(b) the making of arrangements for that purpose; or
(c) the instruction of the persons to be so employed in their lawful duties as such stewards; or
(d) their being furnished with badges or other distinguishing signs.
53. UNLAWFUL DRILLING.
(a) without the prior permission of the Prime Minister trains or drills any other person to–
(i) the use of arms, including traditional arms; or
(ii) the practice of military, para-military, or police force exercises, movements or evolutions; or
(b) at any meeting or assembly of persons, held without the prior permission of the Prime Minister, is present for the purpose of training or drilling any other persons to–
(i) the use of arms, including traditional arms; or
(ii) the practice of military, para-military or police force exercises, movements or evolutions,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) Subject to Subsection (4), a person who–
(a) at a meeting or assembly held without the prior permission of the Prime Minister trains or drills, or is trained or drilled–
(i) to the use of arms, including traditional arms; or
(ii) in the practice of military, para-military or police force exercises, movements or evolutions; or
(b) is present at any such meeting or assembly for the purpose of training or drilling, or of being so trained or drilled,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
(3)[17] [Repealed.]
(4) This section does not apply to the training or drilling of a member or members of–
(a) the Defence Force; or
(b) the Police Force; or
(c) the Correctional Service; or
(d) the Fire Service.
(5) A prosecution for an offence against this section must be commenced within six months after the offence is committed.
54. SEDITION.
(a) conspires with any person to carry into execution a seditious enterprise; or
(b) advisedly publishes any seditious words or writing,
is, subject to Subsection (2), guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2) If a person convicted of an offence against Subsection (1) has been previously convicted of any such offence he is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(3) A prosecution for any of the offences against Subsection (1) must be begun within six months after the offence is committed.
(4) A person shall not be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness.
55. DEFAMATION OF FOREIGN PRINCES.
(a) anything intended to be read; or
(b) any sign or visible representation,
tending to expose to hatred or contempt in the estimation of the people of any foreign State any Prince or person exercising sovereign authority over that State is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
Division 3. – Division 3.-Offences against the Executive and Legislative Power..
56. INTERFERENCE WITH THE HEAD OF STATE OR MINISTERS.
(a) by the Head of State of the duties or authority of his office; or
(b) by a member of the National Executive Council of the duties or authority of his office as–
(i) a member of the National Executive Council; or
(ii) a Minister of the Parliament,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2)[18] [Repealed.]
57. INTERFERENCE WITH THE LEGISLATURE.
(a) by the Parliament of its authority; or
(b) by any member of the Parliament of his duties or authority–
(i) as a member; or
(ii) as a member of a Committee of the Parliament,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2)[19] [20]58. DISTURBING THE LEGISLATURE.
(a) disturbs the Parliament while in session; or
(b) commits any disorderly conduct in the immediate view and presence of the Parliament while in session, tending to interrupt its proceedings or to impair the respect due to its authority,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2)[21] [22]59. FALSE EVIDENCE BEFORE PARLIAMENT.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
(3) A person shall not be convicted of the offence defined in this section on the uncorroborated testimony of one witness.
60. WITNESSES REFUSING TO ATTEND OR GIVE EVIDENCE BEFORE THE PARLIAMENT OR A COMMITTEE OF THE PARLIAMENT.
(a) being duly summoned to attend as a witness, or to produce any book, document or other thing in his possession, before the Parliament, or a Committee of the Parliament authorized to summon witnesses or to call for the production of that thing, refuses or neglects without lawful excuse–
(i) to attend in accordance with the summons; or
(ii) to produce any thing that he is summoned to produce, and that is relevant and proper to be produced; or
(b) being present before the Parliament, or a Committee of the Parliament authorized to summon witnesses, refuses to answer a lawful and relevant question,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
61. MEMBER OF THE PARLIAMENT RECEIVING BRIBES.
(a) be influenced by it; or
(b) be given in any particular manner or in favour of any particular side of any question or matter,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person who commits an offence against Subsection (1) is disqualified from sitting or voting as a member of the Parliament for seven years.
(3) A person shall not be arrested without warrant for an offence against Subsection (1).
62. BRIBERY OF MEMBER OF THE PARLIAMENT.
(a) in order–
(i) to influence a member of the Parliament in his vote, opinion, judgement or action on any question or matter arising in the Parliament or in any Committee of the Parliament; or
(ii) to induce a member to absent himself from the Parliament or from a Committee of the Parliament,
gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit to, on, or for the member, or to, on, or for, any other person; or
(b) attempts, directly or indirectly, by fraud, threats or intimidation of any kind, to influence a member of the Parliament in his vote, opinion, judgement or action on any such question or matter, or to induce him to so absent himself,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
(3) Where a person is convicted of an offence against this section, all property that has been tendered or produced in evidence at the trial of the offender, as being the property or part of the property which the offender in the course of the commission of the offence gave, conferred or procured, or promised or offered to give, confer or procure, or to attempt to procure, to, on, or for a member of the Parliament, or to, on, or for any other person, is forfeited to the State, whether the property is the property of the offender or of any other person.
Division 4. – Unlawful Assemblies: Breaches of the Peace.
63. UNLAWFUL ASSEMBLY, “RIOT”.
(a) assemble in such a manner; or
(b) being assembled, conduct themselves in such a manner,
as to cause persons in the neighbourhood to fear on reasonable grounds that they will–
(c) tumultuously disturb the peace; or
(d) by the assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace,
they are an unlawful assembly.
(2) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in the manner referred to in Subsection (1).
(3) An assembly of three or more persons who assemble for the purpose of protecting the house of any one of them against persons threatening to break and enter the house in order to commit an indictable offence in it is not an unlawful assembly.
(4) When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be riotously assembled.
64. PUNISHMENT OF UNLAWFUL ASSEMBLY.
Penalty: [24]Imprisonment for a term not exceeding one year.
(2)[25] [Repealed.]
65. PUNISHMENT OF RIOT.
Penalty: [26]Imprisonment for a term not exceeding three years.
(2) [Repealed.]
66. RIOTERS REMAINING AFTER COMMAND ORDERING THEM TO DISPERSE.
“All persons here assembled are by law commanded to disperse and go peacefully about their lawful business, or they will be liable to be imprisoned with hard labour for a maximum of five years.”
(2) A person who wilfully and knowingly, and by force, opposes, obstructs or hurts any person who goes to give, or begins to give, a command under Subsection (1), and by so doing prevents the command from being given, is guilty of a crime.
Penalty: [28]Imprisonment for a term not exceeding five years.
(3) Any persons who, being so assembled, continue together to the number of five or more, and do not disperse themselves as soon as practicable after the giving of the command referred to in Subsection (1) are guilty of a crime.
Penalty: [29]Imprisonment for a term not exceeding five years.
(4) When the giving of the command referred to in Subsection (1) is prevented, any persons who being so assembled, and to whom the command would or ought to have been given if the giving of the command had not been prevented, and who, knowing of the prevention, continue together to the number of five or more, and do not disperse themselves as soon as practicable after the time of the prevention, are guilty of a crime.
Penalty: [30]Imprisonment for a term not exceeding five years.
(5) A prosecution for an offence against this section shall be begun within one year after it is committed.
(6) It is a defence to a charge of an offence against Subsection (3) if the defendant proves that he did not know that the command had been given or did not understand what was said.
67. RIOTERS DEMOLISHING BUILDINGS, ETC.
(a) a building; or
(b) any machinery, whether fixed or moveable; or
(c) any structure used in farming land, in carrying on any trade or manufacture, or in conducting the business of a mine; or
(d) any bridge, wagon-way or trunk for conveying materials from a mine,
are each guilty of a crime.
Penalty: [32]Subject to Section 19, imprisonment for life.
(2) Any persons who, being riotously assembled together, unlawfully damage any of the things referred to in Subsection (1), are each guilty of a crime.
Penalty: [33]Imprisonment for a term not exceeding seven years.
68. SMUGGLING OR RESCUING GOODS UNDER ARMS.
(a) the unlawful shipping, unshipping, loading, moving or carrying away of any goods–
(i) the importation of which is prohibited; or
(ii) that are liable to duties of customs that have not been paid or secured; or
(b) the rescuing or taking of any such goods from–
(i) any person authorized to seize them; or
(ii) any person employed by such a person or assisting him; or
(iii) any place where such a person has put them; or
(c) the rescuing of a person who has been arrested on a charge of any crime relating to the Customs; or
(d) the prevention of the arrest of a person guilty of any such crime, or of any person aiding in effecting any of the purposes referred to in this section,
are each guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
69. SMUGGLING UNDER ARMS OR IN DISGUISE.
(a) having with them any goods liable to forfeiture under any law relating to the Customs; and
(b) carrying firearms or other dangerous or offensive weapons, or disguised,
are each guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
70. GOING ARMED SO AS TO CAUSE FEAR.
Penalty: [35]Imprisonment for a term not exceeding two years.
(2) [Repealed.]
71. FORCIBLE ENTRY.
Penalty: [37]Imprisonment for a term not exceeding one year.
(2) It is immaterial whether the person entering is entitled to enter on the land or not.
72. FORCIBLE DETAINER.
Penalty: [39]Imprisonment for a term not exceeding one year.
73. AFFRAY.
(a) in a public highway; or
(b) of such a nature as to alarm the public in any other place to which the public have access,
is guilty of a misdemeanour.
Penalty: [41]Imprisonment for a term not exceeding one year.
74. CHALLENGE TO FIGHT A DUEL.
(a) challenges another; or
(b) attempts to provoke another; or
(c) attempts to provoke any person to challenge another,
to fight a duel, is guilty of a misdemeanour.
Penalty: [43]Imprisonment for a term not exceeding three years.
75. PRIZE FIGHT.
Penalty: Imprisonment for a term not exceeding one year.
76. THREATENING VIOLENCE.
(a) with intent to intimidate or annoy any person–threatens to break or injure a dwelling-house; or
(b) with intent to alarm any person in a dwelling-house–discharges loaded firearms or commits any other breach of the peace,
is guilty of a misdemeanour.
[46](2)[47] [48]If an offence against Subsection (1) is committed in the night, the offence is a crime, and the offender is liable to imprisonment for a term not exceeding one year.
77. ASSEMBLING FOR THE PURPOSE OF SMUGGLING.
Penalty: A fine not exceeding K200.00, or to imprisonment for a term not exceeding six months.
78. UNLAWFUL PROCESSIONS.
(a) bearing or wearing or having amongst them any firearms or other offensive weapons; or
(b) publicly exhibiting any banner, emblem, flag, or symbol, the displaying of which is calculated to promote animosity between people of different religious faiths; or
(c) being accompanied by any music of a like nature or tendency,
and, being so assembled, join in any parade or procession for the purpose of–
(d) celebrating or commemorating any festival, anniversary or political event relating to or connected with any religious or political distinction or difference between any classes of people; or
(e) demonstrating any such religious or political distinction or difference,
are each guilty of an offence.
Penalty: [50]Subject to Subsection (2), imprisonment for a term not exceeding one month.
(2) If the offender is himself bearing or wearing firearms or any other offensive weapon, he is guilty of an offence.
Penalty: [51]Imprisonment for a term not exceeding six months.
(3) Where three or more persons are assembled together in a manner referred to in Subsection (1), it is the duty of a commissioned officer of the Police Force to give, or cause to be given in his presence, in a loud voice, to the persons assembled, the following command:–
“All persons here assembled are by law commanded to disperse and go peacefully about their lawful business, or they will be liable to be imprisoned for a maximum of three months.”
(4) Any persons who, being so assembled, continue together to the number of three or more, and do not disperse themselves as soon as practicable after the giving of the command referred to in Subsection (3) are each guilty of an offence.
Penalty: [52]Imprisonment for a term not exceeding three months.
(5) It is a defence to a charge of an offence against Subsection (4) if the defendant proves that he did not know that the command had been given or did not understand what was said.
Division 5. – Offences Against Political Liberty.
79. INTERFERING WITH POLITICAL LIBERTY.
Penalty: Subject to Subsection (2), imprisonment for a term not exceeding two years.
(2) If a person who commits an offence against Subsection (1) is a public officer, and commits the offence in abuse of his authority as such an officer, he is liable to imprisonment for a term not exceeding three years.
Division 6. – Piracy.
80. INTERPRETATION OF DIVISION 6.
“piracy” means the act of a pirate;
“pirate” includes any person who–
(a) on the high seas commits, otherwise than as an act of war and under the authority of some foreign Prince or State, any act with respect to a ship, or any goods or merchandise belonging to a ship or laden on a ship, that, if the act were committed on land, would constitute robbery as defined in Section 384; and
(b) having on the high seas obtained possession of a ship by means of any such act, retains possession of the ship; and
(c) is declared by any law to be a pirate.
(2) A person who–
(a) at any place within the jurisdiction of the National Court commits–
(i) under colour of a commission from a foreign State or Prince, whether or not the State or Prince is at war with the Queen and Head of State; or
(ii) under pretence of authority from any person,
any act of hostility, or any act that if it were committed on land, would be robbery as defined in Section 384, against another person; or
(b) during a war adheres to or gives aid to the enemies of Papua New Guinea at any place within the jurisdiction of the National Court; or
(c) forcibly enters a ship at any place within the jurisdiction of the National Court, and throws overboard or destroys any part of the goods or merchandise belonging to the ship or laden on it; or
(d) being on board a ship at any place within the jurisdiction of the National Court–
(i) turns pirate, enemy or rebel, and piratically runs away with the ship, or any boat, ordnance, ammunition, or goods belonging to it or laden on it; or
(ii) voluntarily yields up the ship or any thing referred to in Subparagraph (i) to a pirate; or
(iii) brings a seducing message from a pirate, enemy or rebel; or
(iv) consults or conspires with, or attempts to corrupt, any master or officer of a ship, or any seaman, with intent that he should run way with or yield up any ship, goods or merchandise, turn pirate or go over to pirates; or
(v) lays violent hands on the master of the ship, with intent to hinder him from fighting in defence of the ship and goods committed to his trust; or
(vi) confines the master of the ship; or
(vii) makes, or endeavours to make, a revolt in the ship; or
(e) being on board a ship, knowingly–
(i) trades with a pirate; or
(ii) furnishes a pirate with ammunition, provisions or stores; or
(iii) fits out a ship or vessel with a design to trade with or supply, or to correspond with, a pirate; or
(iv) conspires or corresponds with a pirate,
is a pirate.
81. PUNISHMENT OF PIRACY.
Penalty: Subject to Subsection (2) and to Section 19, imprisonment for life.
(2) If piracy is committed with respect to a ship, and if at or immediately before or immediately after the time of committing the crime the offender–
(a) assaults any person on board of or belonging to the ship, with intent to kill him or to kill any other person; or
(b) wounds any such person; or
(c) unlawfully does any act by which the life of any such person is endangered,
the offender is liable to the punishment of death.
82. ATTEMPTED PIRACY WITH PERSONAL VIOLENCE.
(a) assaults any person on board, or belonging to, the ship, with intent to kill him or to kill any other person; or
(b) wounds any such person; or
(c) unlawfully does any act by which the life of any such person is endangered,
is guilty of a crime,
Penalty: Death.
83. AIDING PIRATES.
(a) brings a seducing message from a pirate; or
(b) consults or conspires with, or attempts to corrupt, any master or officer of a ship or any seaman, with intent that he should run away with or yield up any ship, goods, or merchandise, or turn pirate, or go over to pirates,
is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
PART III. – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.
Division 1A.[53] – Interpretation.
83A. INTERPRETATION.
“person employed in the Public Service” includes–
(a) a member of any of the State Services established under or by authority of Section 188 (Establishment of the State Services) of the Constitution; and
(b) a constitutional office-holder as defined in Section 221 (Definitions) of the Constitution; and
(c) a member of or person employed by a constitutional institution, being any office or institution established or provided for by the Constitution including the Head of State, a Minister or the National Executive Council; and
(d) a member of the National Parliament or of a provincial assembly; and
(e) a person employed under the Official Personal Staff Act 1980 or the Parliamentary Members’ Personal Staff Act 1988; and
(f) a person employed by a provincial government; and
(g) a member, officer or employee of a body or corporation established by statute;
Division 1. – Disclosing Official Secrets.
84. DISCLOSURE OF SECRETS RELATING TO DEFENCES BY PUBLIC OFFICERS.
(2) If an offence against Subsection (1) is committed advisedly the offender is liable to imprisonment for a term not exceeding three years.
(3) If an offence against Subsection (1) is committed by negligence, the offender is liable to a fine not exceeding K400.00 or imprisonment for one year.
85. OBTAINING DISCLOSURE OF SECRETS RELATING TO DEFENCES.
(a) procures a person employed in the Public Service to make a communication referred to in Section 84; or
(b) without lawful authority obtains information as to any matter referred to in that section,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
86. DISCLOSURE OF OTHER OFFICIAL SECRETS.
(a) any fact that comes to his knowledge by virtue of his office; or
(b) any document which comes to his possession by virtue of his office,
that it is his duty to keep secret, is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
Division 2. – Corruption and Abuse of Office.
87. OFFICIAL CORRUPTION.
(a) being–
(i) employed in the Public Service, or the holder of any public office; and
(ii) charged with the performance of any duty by virtue of that employment or office, (not being a duty touching the administration of justice),
corruptly asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of any thing done or omitted to be done, or to be 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, on or for any person, any property or benefit on account of any such act or omission on the part of a person in the Public Service or holding a public office,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years, and a fine at the discretion of the court.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
88. EXTORTION BY PUBLIC OFFICERS.
Penalty: Imprisonment for a term not exceeding three years.
89. PUBLIC OFFICERS INTERESTED IN CONTRACTS.
Penalty: Imprisonment for three years, and a fine at the discretion of the court.
90. OFFICERS CHARGED WITH ADMINISTRATION OF PROPERTY OF A SPECIAL CHARACTER OR WITH SPECIAL DUTIES.
(a) is charged by virtue of his employment with any judicial or administrative duties respecting–
(i) any property of a special character; or
(ii) the carrying on of any manufacture, trade or business of a special character; and
(b) has acquired or holds, directly or indirectly, a private interest in any such property, manufacture, trade, or business; and
(c) discharges any such duties with respect to–
(i) the property, manufacture, trade or business in which he has the interest; or
(ii) the conduct of any person in relation to it,
is guilty of a misdemeanour.
Penalty: Imprisonment for one year, and a fine at the discretion of the court.
91. FALSE CLAIMS BY OFFICIALS.
(a) any remuneration payable or claimed to be payable to himself or to any other person; or
(b) any other matter required by law to be certified for the purpose of any payment of money or delivery of goods to be made to any person,
who makes a return or statement touching any such matter that is, to his knowledge, false in any material particular, is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
92. ABUSE OF OFFICE.
Penalty: Subject to Subsection (2), imprisonment for a term not exceeding two years.
(2) If an act prohibited by Subsection (1) is done, or directed to be done, as the case may be, for purposes of gain, the offender is liable to imprisonment for a term not exceeding three years.
93. CORRUPTION OF VALUATOR.
(a) acts as valuator while he has, to his knowledge, an interest in the land in question; or
(b) executes unfaithfully, dishonestly, or with partiality, the duty of making a valuation of the land or of the extent of the injury,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
94. FALSE CERTIFICATES BY PUBLIC OFFICERS.
Penalty: Imprisonment for a term not exceeding three years.
95. ADMINISTERING EXTRA-JUDICIAL OATHS.
Penalty: Imprisonment for a term not exceeding one year.
(2) Subsection (1) does not apply to an oath, declaration, affirmation, or affidavit, administered or taken–
(a) before a justice in any matter relating to–
(i) the preservation of the peace or the punishment of offences; or
(ii) inquiries respecting sudden death; or
(b) in proceedings before the Parliament or a Committee of the Parliament; or
(c) for some purpose that is lawful under the laws of another country; or
(d) for the purpose of giving validity to an instrument that is intended to be used in another country.
96. FALSE ASSUMPTION OF AUTHORITY.
(a) not being a magistrate or justice assumes to act as a magistrate or justice, as the case may be; or
(b) without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration, an affirmation or an affidavit, or to do any other act of a public nature that 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–
(i) to the contents of any register or record kept by lawful authority; or
(ii) testifying to any fact or event,
and signs such a document as being so authorized when he is not, and knows that he is not, so authorized,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
97. PERSONATING PUBLIC OFFICERS.
(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 that employment,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2)[54] [Repealed.]
97A. CORRUPTLY PROCURING WITHDRAWAL OF TENDERS.
(a) with intent to obtain a contract from, or provide a service to, a public body, offers a gratification to another person, to induce that person to refrain from making a tender or withdraw or alter a tender; or
(b) solicits or accepts a gratification as an inducement or reward for refraining from making a tender or withdrawing or altering a tender made for such contract,
is guilty of an offence.
Penalty: A fine at the discretion of the Court or imprisonment for a term not exceeding seven years, or both.
97B. BRIBERY OF MEMBER OF PUBLIC SERVICE.
(a) the person employed in the Public Service voting or abstaining from voting at any meeting in favour of or against any measure; or
(b) the person employed in the Public Service performing or abstaining from performing or aiding in procuring or hindering the performance of an official act; or
(c) the person employed in the Public Service aiding in procuring or preventing the passing of any vote or granting of any contract in favour of any person; or
(d) the person employed in the Public Service showing or refraining from showing any favour or disfavour in his capacity as a person employed in the Public Service,
is guilty of an offence.
Penalty: A fine at the discretion of the Court or imprisonment for a term not exceeding seven years, or both.
(2) An offence under Subsection (1) is committed notwithstanding that the person employed in the Public Service had no right or opportunity to show or refrain from showing favour or that the inducement was not in relation to the affairs of the public body.
97C. DUTY OF PERSON OFFERED GRATIFICATION.
(2) A person who, without reasonable excuse, fails to comply with the provisions of Subsection (1) is guilty of an offence.
Penalty: A fine not exceeding K1,000.00 or imprisonment for a term not exceeding 12 months, or both.
97D. EVIDENTIARY PROVISIONS RELATING TO THIS DIVISION.
(2) A gratification received or solicited by–
(a) a relative of; or
(b) a partner, clerk or employee of,
an agent from a person having business relations with the principal of such agent, is deemed to have been received or solicited by the agent, unless the agent proves that the gratification was received without his consent or knowledge.
(3) A gratification given or offered to–
(a) a relative of; or
(b) a partner, clerk or employee of,
an agent with the consent or knowledge of the agent, or given or offered at the request of the agent to a person having business relations with the principal of the agent, is deemed to have been offered or given to the agent.
(4) In proceedings under this Division, where a person accused–
(a) is in possession of property or pecuniary resources disproportionate to his known sources of income, for which he cannot satisfactorily account; or
(b) at or about the time of the alleged offence obtained an accretion to his property or pecuniary resources for which he cannot satisfactorily account,
that fact may be–
(c) proved and taken into account by the court; and
(d) considered as corroboration of the evidence of a witness that the accused person accepted or obtained gratification as an inducement or reward.
(5) Where the resources or property referred to in Subsection (4)(a) or an accretion thereto referred to in Section (4)(b) are held by a person whose relationship to the accused gives reasonable cause for believing that he is holding the resources, property or accretion thereto in trust or as a gift from the accused, then the accused shall be deemed to be in possession of those resources or that property or that accretion thereto.
(6) Where, in any proceedings under this Act, it is proved that a gratification has been paid to or received by a person employed in the Public Service, that gratification is deemed to have been paid and received corruptly, as an inducement or reward, unless the contrary is proved.
Division 2A.[59] – Secret Commissions.
97E. INTERPRETATION.
“advice given”, or words to the like effect includes every report, certificate, statement and suggestion intended to influence the person to whom the same is made or given and every influence deliberately or expressly exercised by one person over another;
“agent” includes a person (whether natural or corporate) acting or having been acting, or desirous or intending to act, for or on behalf of a person (whether natural or corporate) whether as agent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, charterer, master mariner, purser or any crew of a vessel, engineer, lawyer, surveyor, buyer, salesman, foreman, trustee, official assignee, executor, administrator, liquidator, trustee in bankruptcy or of a deed of assignment, receiver, director, manager, or other officer or member of the committee or governing body of a corporation, club, partnership or association, or in any other capacity, either alone or jointly with any other person (whether natural or corporate) and whether in his own name or in the name of his principal or otherwise, a Minister and a person employed in the Public Service;
“contract” includes a contract of sale or employment or any other contract whatsoever, including an order for any commodity;
“in relation to the affairs or business of his principal” implies the additional words “whether within the scope of his authority or course of his employment as agent or not”;
“person having business relations with the principal” includes–
(a) the State, a Minister, a corporation representing the State, a local authority, public body or any Board or authority established under an Act of Parliament; and
(b) a person (whether natural or corporate), whether as principal or agent, carrying on or having carried on or desirous of carrying on or intending to carry on any negotiation or business with a principal, or engaged or interested or having been engaged or interested in the performance of a contract with or in the execution of any work for or business in the supply of any goods or chattels to a principal; and
(c) an agent or employee of any person or body referred to in Paragraph (a);
“principal” includes a person (whether natural or corporate) for or on behalf of whom the agent acts, has acted, or is desirous or intending to act, and includes the State, a Minister or corporation representing the State, or any local authority or other public body constituted by or under Act for or on behalf of whom the agent acts, has acted or is desirous or intending to act;
“solicit a valuable consideration” and “valuable consideration solicited” and words to the like effect shall be construed with the following directions, namely, that an agent who diverts, obstructs, gives untruthful reports or interferes with the proper course of business or manufacture or impedes or obstructs, or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of a valuable consideration from any other person interested in that negotiation or business, or with intent to injure any such person, is deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent;
“trustee” includes the public curator, an executor, administrator, liquidator, official assignee, trustee in bankruptcy, receiver, committee of the estate of an insane person, person having power to appoint a trustee, person entitled to obtain probate of the will or letters of administration to the estate of a deceased person, or any other person occupying a fiduciary position;
“valuable consideration” includes any real or personal property, money, loan, office, place, employment, agreement to give employment, benefit or advantage whatsoever, commission or rebate, payment in excess of the actual value of the goods or service, deduction or percentage, bonus or discount, forbearance to demand money or money’s worth or valuable thing, detriment, loss or responsibility given, suffered or taken, the refraining from carrying out or doing something which lawfully should be carried out or done and the acceptance of any of the foregoing which shall be deemed the receipt of valuable consideration.
97F. PROHIBITION OF INDIRECT ACTS.
97G. RECEIPT OR SOLICITATION OF SECRET COMMISSION BY AN AGENT, ETC.
(a) as an inducement or reward for or otherwise on account of doing or forbearing to do, or having done or forborne to do, any act in relation to the affairs or business of the principal of the agent; or
(b) the receipt or any expectation of which would in any way tend to influence him to show, or to forbear to show, favour or disfavour to a person in relation to the affairs or business of the principal of the agent,
is guilty of an offence.
(2) A person who corruptly gives or offers to an agent a valuable consideration–
(a) as an inducement or reward for or otherwise on account of the agent doing or forbearing to do, or having done or forborne to do, any act in relation to the affairs or business of the principal of the agent; or
(b) the receipt or any expectation of which would in any way tend to influence the agent to show, or to forbear to show, favour or disfavour to a person in relation to the affairs or business of the principal of the agent,
is guilty of an offence.
97H. SECRET GIFTS.
(a) a parent, spouse or child; or
(b) a partner, clerk or employee,
of an agent, from a person having business relations with the principal of such agent, is deemed to have been received or solicited by the agent, unless it is proved that the valuable consideration was so received or solicited without the consent, knowledge or privity of the agent.
(2) A valuable consideration–
(a) given or offered to–
(i) a parent, spouse or child; or
(ii) a partner, clerk or employee,
of an agent and so given or offered without the consent, knowledge or privity of the agent; or
(b) given or offered, at the request of the agent, to a person by a person having business relations with the principal of such agent,
is deemed to have been given or offered to the agent.
97I. FALSE OR MISLEADING RECEIPT OR ACCOUNT.
(a) contains a statement which is false or erroneous or defective in any important particular, or contains an overcharge or is in any way likely to mislead the principal; or
(b) omits to state explicitly and fully the fact of a commission, percentage, bonus, discount, rebate, repayment, gratuity or deduction having been made, given, or allowed, or agreed to be made, given or allowed,
is guilty of an offence.
97J. SECRET COMMISSION FOR ADVICE GIVEN, ETC.
(a) to enter into a contract with a third person; or
(b) to–
(i) appoint, or join with another in the appointment; or
(ii) vote for, or aid in obtaining the election or appointment; or
(iii) authorize, or join with another in authorizing the appointment,
of a third person as trustee, director, manager or official,
and a valuable consideration is, without the assent of the person advised, given by such third person to the person giving the advice, the gift or receipt of the valuable consideration is an offence.
(2) Subsection (1) does not apply where–
(a) the person giving the advice was, to the knowledge of the person advised, the agent of such third person; or
(b) the valuable consideration was not given in respect of such advice.
(3) An offer or solicitation of a valuable consideration in respect of advice given, or to be given, by one person to another with a view to induce or influence the person advised–
(a) to enter into a contract with the person offering or solicited; or
(b) to–
(i) appoint, or join with another in appointing; or
(ii) vote for, or aid in obtaining the election or appointment of; or
(iii) authorize, or join with another in authorizing the appointment of,
the person offering or solicited as trustee, director, manager of official,
and with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised, is an offence.
(4) Subsection (3) does not apply where the person first-mentioned in that subsection is the agent of the person offering or solicited.
97K. SECRET COMMISSION TO TRUSTEE IN RETURN FOR SUBSTITUTED APPOINTMENT.
(a) person who offers or gives a valuable consideration to a trustee; or
(b) trustee who receives or solicits a valuable consideration for himself or for another person,
without the consent of the persons beneficially entitled to the estate or of a Judge, as an inducement or reward for–
(c) appointing, or having appointed; or
(d) joining, or having joined with another in appointing; or
(e) authorizing, or having authorized or joining with another in authorizing,
a person to be appointed in his stead or instead of him and any other person as trustee, is guilty of an offence.
97L. LIABILITY OF DIRECTOR, ETC., ACTING WITHOUT AUTHORITY.
(a) knowingly takes part in; or
(b) is in any way privy to doing; or
(c) attempts to do,
an act or thing without authority, which if authorized, would be in contravention of a provision of this Division, is guilty of an offence.
97M. PENALTY ON CONVICTION.
(a) liable–
(i) if a corporation, to a fine not exceeding K2,000.00; and
(ii) if a natural person, to a fine not exceeding K2,000.00 and to imprisonment for a term not exceeding one year or to both such fine and imprisonment; and
(b) in addition, liable to be ordered to pay to such person and in such manner as the court directs the amount or value, according to the estimation of the court, of any valuable consideration received or given by him, or any part thereof, and such order shall be enforceable as an order of the court.
97N. COURT MAY ORDER WITHDRAWAL OF TRIFLING OR TECHNICAL OFFENCES.
97O. CUSTOM OF ITSELF NO DEFENCE.
97P. BURDEN OF PROOF THAT GIFT IS NOT A SECRET COMMISSION.
(a) received or solicited by an agent from; or
(b) given or offered to an agent by,
a person having business relations with the principal of that agent, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given or offered in contravention of a provision of this Division is on the accused.
Division 3. – Division 3.-Corrupt and Improper Practices at Elections..
98. INTERPRETATION OF DIVISION 3.
“ballot-box” includes any receptacle in which voting-papers are put before being counted at an election;
“election” includes any election held under the authority of any law providing for the choice of persons to fill any office or place of a public character;
“elector” includes any person entitled to vote at an election;
“local election” includes any election held under any law relating to Local-level Government;
“polling-booth” includes any room or place in which voting at an election is conducted or in which the votes are counted.
99. PERSONATION.
Penalty: Imprisonment for a term not exceeding two years.
100. DOUBLE VOTING.
Penalty: Imprisonment for a term not exceeding two years.
101. TREATING.
(2) An elector, who corruptly receives any food, drink, or lodging, on account of an act or omission referred to in Subsection (1) is guilty of a misdemeanour.
Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year.
102. UNDUE INFLUENCE.
(a) uses or threatens to use any force or restraint, or does or threatens to do any temporal or spiritual injury, or causes or threatens to cause any detriment of any kind to an elector–
(i) in order to induce him to vote or refrain from voting at an election; or
(ii) on account of his having voted or refrained from voting at an election; or
(b) by force or fraud prevents or obstructs the free exercise of the franchise by an elector, or by any such means compels or induces an elector to vote or refrain from voting at an election,
is guilty of a misdemeanour.
Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year.
103. BRIBERY.
(a) gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for, any person any property or benefit of any kind–
(i) on account of anything done or omitted to be done, or to be done or omitted to be done, by an elector at an election in the capacity of an elector; or
(ii) on account of any person acting or joining in a procession during an election; or
(iii) in order to induce any person to endeavour to procure the return of any person at an election, or the vote of any elector at an election; or
(b) being an elector, asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of anything done or omitted to be done, or to be done or omitted to be done, by him at an election in the capacity of an elector; or
(c) asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person, on account of a promise made by him or any other person to endeavour to procure the return of any person at an election, or the vote of any person at an election; or
(d) advances or pays any money to or to the use of any other person with the intent that the money will be applied for any of the purposes referred to in Paragraph (a), (b) or (c) or in discharge or repayment of money wholly or in part applied for any such purpose; or
(e) corruptly transfers or pays any property or money to any person for the purpose of enabling that person to be registered as an elector, and so influencing the vote of that person at a future election; or
(f) is privy to the transfer or payment referred to in Paragraph (e) that is made for his benefit; or
(g) being a candidate at an election, convenes or holds a meeting of electors or of his committee in a house licensed for the sale of fermented or spirituous liquors,
is guilty of a misdemeanour.
Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year.
104. FURTHER PENALTY FOR CORRUPT PRACTICES.
(a) of being registered as an elector or of voting at any parliamentary election or of holding any judicial office, and if he holds any such office the office is vacated; or
(b) being elected or appointed to or of sitting in the Parliament, and, if at the time of the conviction he is a member of the Parliament his seat is vacated.
(2) Any person convicted of any offence referred to in Subsection (1) committed with respect to a Local-level Government election becomes incapable, for two years from the date of the conviction, of holding any local government office, and, if he holds any such office, the office is vacated.
105. ILLEGAL PRACTICES.
(a) being prohibited by law from voting at an election, and knowing that he is so prohibited–votes at the election; or
(b) procures any person who is, and whom he knows to be, prohibited from voting at an election–to vote at the election; or
(c) before or during an election, and for the purpose of, promoting or procuring the choice of any candidate at the election–knowingly publishes a false statement of the withdrawal of another candidate at the election; or
(d) before or during an election, and for the purpose of affecting the return of a candidate at the election–knowingly publishes a false statement of fact respecting the personal character or conduct of the candidate; or
(e) being a candidate at an election–withdraws from being a candidate in consideration of a payment or promise of payment; or
(f) being a candidate or the agent of a candidate at an election–corruptly procures any other person to withdraw from being a candidate at the election in consideration of any payment or promise of payment,
is guilty of a misdemeanour.
Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding one year.
(2) If an offence under Subsection (1) was committed with respect to a parliamentary election, the offender also becomes incapable, for two years from the date of the conviction–
(a) of being registered as an elector for the electorate for which the election with reference to which the offence was committed was held; and
(b) of voting at any election held for that electorate.
106. OTHER ILLEGAL PRACTICES.
(a) knowingly provides money for any payment that is contrary to any law relating to elections, or for replacing any money that has been expended in any such payment, and that is not allowed by law to be an exception; or
(b) prints, publishes or posts any bill, placard or poster that has reference to an election and does not bear on the face of it the name and address of the printer and publisher; or
(c) hires or uses for a committee-room at an election–
(i) any part of a house licensed for the sale of fermented or spirituous liquors; or
(ii) any part of any premises where any intoxicating liquor is sold or supplied to members of a club, society or association that is not a permanent political club, unless it is a part that–
(A) has a separate entrance; and
(B) has no direct communication with any part of the premises in which intoxicating liquor is sold; and
(C) is ordinarily let for the purpose of chambers or offices or for holding public meetings or arbitrations; or
(d) knowing that it is intended to be used as a committee-room at an election, lets for such use any part of any such premises, not being a part excepted under Paragraph (c)(ii)(A), (B) or (C),
is guilty of an offence.
Penalty: A fine not exceeding K200.00.
(2) If an offence under Subsection (1) was committed with respect to a parliamentary election, and the offender was a candidate or the agent of a candidate at the election, he also incurs the same incapacity as a person convicted of an offence against Section 105 committed with respect to a parliamentary election.
107. PROSECUTION FOR CORRUPT AND ILLEGAL PRACTICES.
(a) within one year after the offence is committed; or
(b) if it is committed with respect to a parliamentary election with respect to which a petition is tried by the National Court, within three months after the report of the National Court is made,
whichever period last expires, but in any event it must be begun within two years after the offence is committed.
(2) For the purposes of Subsection (1), the service or execution of process on or against the alleged offender is the commencement of the prosecution, unless the service or execution is prevented by some act on his part, in which case the issue of the process is the commencement of the proceeding.
108. INTERFERENCE AT ELECTIONS.
(a) intrudes into a polling-booth, not being lawfully entitled to be in it; or
(b) wilfully interrupts, obstructs, or disturbs, any proceedings at an election,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2) A person found committing an offence against Subsection (1) may be arrested without warrant by direction of the presiding officer.
109. ELECTORS ATTEMPTING TO VIOLATE SECRECY OF BALLOT, ETC.
(a) wilfully makes on the ballot-paper any mark or writing not expressly authorized by law; or
(b) wilfully fails to fold up the ballot-paper in such a manner as to conceal the names of the candidates; or
(c) wilfully fails to deposit the ballot-paper in the ballot-box in the presence of the presiding officer,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2) A person who–
(a) takes or attempts to take a ballot-paper out of a polling booth; or
(b) whilst an elector is preparing his ballot-paper in a compartment provided for the use of electors actually voting, wilfully intrudes into the compartment,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(3) A person found committing an offence against Subsection (2) may be arrested without warrant by direction of the presiding officer.
110. STUFFING BALLOT-BOXES.
Penalty: Imprisonment for a term not exceeding seven years.
(2) Proof that, at the conclusion of a poll, a greater number of ballot-papers–
(a) is found in a ballot-box in use at a polling-booth; or
(b) is returned by the person who acted as presiding officer at a polling-booth as having been received at the polling-booth,
than the number of electors who voted at that polling-booth is sufficient evidence, until the contrary is shown, that the person who acted as presiding officer at the polling-booth was guilty of either offence.
111. OFFENCES BY PRESIDING OFFICERS AT ELECTIONS.
(a) on being called on, in the case of an elector who is blind or is unable to read, to mark a ballot-paper against the name of the candidate or candidates for whom the elector says that he desires to vote, wilfully fails to do so in the polling-booth, and in the presence and sight of the persons then lawfully present; or
(b) whilst an elector is preparing his ballot-paper in a compartment provided for the use of electors actually voting, wilfully allows any other person to be in the compartment,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
112. FALSE ANSWERS TO QUESTIONS AT ELECTIONS.
(a) wilfully makes a false answer to any question that is lawfully put to him by the presiding officer, and that he is required by law to answer; or
(b) being lawfully required to make a declaration before voting, wilfully makes a false declaration,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1) except by direction of the presiding officer.
113. INTERFERING WITH SECRECY AT ELECTIONS.
(a) at or after an election, knowingly and wilfully, and without the lawful command of a court or tribunal–unfastens the fold on a ballot-paper within which the number of an elector is written, which fold has been made in accordance with a law; or
(b) being a person required by law to discharge duties at an election at which the voting is by ballot–attempts to ascertain or discover, or aids in ascertaining or discovering, the candidate for whom the vote of any person is given at the election, except in the case of a person voting openly; or
(c) having in the exercise of his office at an election obtained knowledge, or the means of knowledge, of the candidate for whom any person has voted at the election–discloses or aids in disclosing that knowledge otherwise than in answer to a question put in the course of proceedings before a court or tribunal; or
(d) being a person required by law to discharge duties at an election–places on a ballot-paper any mark or writing not authorized by law,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
(2) Subsection (1) does not apply with respect to a member of the Police Force acting with lawful authority in the course of his duty.
114. BREAKING SEAL OF PACKETS USED AT ELECTIONS.
Penalty: Imprisonment for a term not exceeding two years.
(2) Subsection (1) does not apply with respect to a member of the Police Force acting under lawful authority in the course of his duty.
115. OFFENCES AT ELECTIONS WHEN VOTING IS BY POST.
(a) knowing that he is not entitled to vote at the election, signs his name as a voter to a voting-paper; or
(b) signs the name of another person to a voting-paper; or
(c) attests the signature to a voting-paper of a person who is, to his knowledge, not entitled to vote by means of that voting-paper,
is guilty of a misdemeanour.
Penalty: A fine not exceeding K400.00, or imprisonment for a term not exceeding one year.
116. FALSE ELECTORAL CLAIMS.
(a) makes in a claim to be inserted in a list of electors any statement that is, to his knowledge, false in any material particular; or
(b) makes, orally or in writing, to a court or tribunal having jurisdiction to deal with the claims of persons to be registered as electors, or as persons claiming to be electors, a statement relating to the qualification of any person as an elector that is, to his knowledge, false in any material particular,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person who commits an offence against Subsection (1) shall not be arrested without warrant for the offence.
(3) A person shall not be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness.
Division 4. – Selling and Trafficking in Offices.
117. BARGAINING FOR OFFICES IN PUBLIC SERVICE.
(a) corruptly asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of anything already done or omitted to be done, or to be done or omitted to be done, by him or by any other person, with regard to–
(i) the appointment or contemplated appointment of any person to any office or employment in the Public Service; or
(ii) any application by any person for employment in the Public Service; or
(b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for any person any property or benefit on account of any such act or omission,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years, and a fine at the discretion of the court.
Division 5. – Offences Relating to the Administration of Justice.
118. INTERPRETATION OF DIVISION 5.
119. JUDICIAL CORRUPTION.
(2) A person who–
(a) being the holder of a judicial office, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on account of any thing done or omitted to be done, or to be done or omitted to be done, by him in his judicial capacity; or
(b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for any person holding a judicial office, or to, on, or for any other person, any property or benefit on account of any such act or omission on the part of a person holding the judicial office,
is guilty of a crime.
Penalty: Subject to Subsection (3), imprisonment for a term not exceeding 14 years, and a fine at the discretion of the court.
(3) In the case of an offence committed by or with respect to an arbitrator or umpire the longest term of imprisonment that may be imposed for an offence against Subsection (2) is seven years.
(4) A person who commits an offence against Subsection (2) shall not be arrested without warrant for the offence.
(5) A prosecution for an offence against Subsection (2)(a) cannot be begun except by the direction of the Public Prosecutor.
120. OFFICIAL CORRUPTION NOT JUDICIAL BUT RELATING TO OFFENCES.
(a) being a justice not acting judicially, or being a person employed in the Public Service in any capacity not judicial for the prosecution or detention or punishment of offenders, corruptly asks, receives or obtains, or agrees or attempts to receive or obtain any property or benefit for himself or any other person, on account of anything done or omitted to be done, or to be done or omitted to be done, by him, with a view to–
(i) corrupt or improper interference with the due administration of justice; or
(ii) the procurement or facilitation of the commission of an offence; or
(iii) the protection of an offender or intending offender from detection or punishment; or
(b) corruptly gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, on, or for any person, any property or benefit on account of any such act or omission on the part of the justice or other person so employed,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 14 years, and a fine at the discretion of the court.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
121. PERJURY.
Penalty: Subject to Subsection (2), imprisonment for a term not exceeding 14 years.
(2) If an offence against Subsection (1) was committed in order to procure the conviction of another person for a crime punishable with death or with imprisonment for life, the offender is, subject to Section 19, liable to imprisonment for life.
(3) It is immaterial whether the testimony is given on oath or under any other sanction authorized by law.
(4) The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.
(5) It is immaterial whether the false testimony is given orally or in writing.
(6) It is immaterial whether or not–
(a) the court or tribunal is properly constituted, or is held in the proper place, if it actually acts as a court or tribunal in the proceedings in which the testimony is given; or
(b) the person who gives the testimony is a competent witness; or
(c) the testimony is admissible in the proceeding.
(7) A person shall not be arrested without warrant for an offence against Subsection (1).
(8) A person cannot be convicted of committing perjury or of counselling or procuring the commission of perjury on the uncorroborated testimony of one witness.
122. FABRICATING EVIDENCE.
(a) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or
(b) knowingly makes use of such fabricated evidence,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
123. CORRUPTION OF WITNESSES.
(a) gives, confers or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit to, on, or for any person, on an agreement or understanding that any person called or to be called as a witness in any judicial proceedings will give false testimony or withhold true testimony; or
(b) attempts by any other means to induce a person called or to be called as a witness in any judicial proceedings to give false testimony or to withhold true testimony; or
(c) asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit for himself or any other person on an agreement or understanding that any person will as a witness in any judicial proceeding give false testimony or withhold true testimony,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
124. DECEIVING WITNESSES.
(a) practises any fraud or deceit; or
(b) 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 proceedings with intent to affect the testimony of the person as a witness, is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
125. DESTROYING EVIDENCE.
Penalty: Imprisonment for a term not exceeding three years.
126. PREVENTING WITNESSES FROM ATTENDING.
(a) from attending as a witness; or
(b) from producing anything in evidence under the subpoena or summons,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding one year.
127. CONSPIRACY TO BRING FALSE ACCUSATION.
Penalty: –
(a) if the offence is such that a person convicted of it is liable to be sentenced to death or to imprisonment for life–subject to Section 19, imprisonment for life; or
(b) if the offence is such that a person convicted of it is liable to be sentenced to imprisonment for a term less than life–imprisonment for a term not exceeding 14 years; or
(c) in any other case–imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
128. CONSPIRING TO DEFEAT JUSTICE.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person shall not be arrested without warrant for an offence against Subsection (1).
129. COMPOUNDING CRIMES.
(a) compound or conceal a crime; or
(b) abstain from, discontinue or delay a prosecution for a crime; or
(c) withhold any evidence of a crime,
is guilty of an offence.
(2) If the crime the subject of an offence against Subsection (1) is such that a person convicted of it is liable to be sentenced to death or imprisonment for life–the offender is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(3) In a case, other than that referred to in Subsection (2), the offender is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(4) A person shall not be arrested without warrant for an offence against Subsection (1).
130. COMPOUNDING PENAL ACTIONS.
Penalty: Imprisonment for a term not exceeding one year.
131. ADVERTISING REWARD FOR THE RETURN OF STOLEN PROPERTY, ETC.
(a) publicly offers a reward for the return of any property that has been stolen or lost, and in the offer makes use of any words purporting that–
(i) no questions will be asked; or
(ii) the person producing the property will not be seized or molested; or
(b) publicly offers to return to any person who may have brought or advanced money by way of loan on any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of the property; or
(c) prints or publishes any such offer,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
132. MAGISTRATE ACTING OPPRESSIVELY OR WHEN INTERESTED.
(a) being required or authorized by law to admit an accused person to bail, without reasonable excuse, and in abuse of his office, requires excessive and unreasonable bail; or
(b) wilfully and perversely exercises jurisdiction in any matter in which he has a personal interest,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years, and a fine at the discretion of the court.
133. DELAY TO TAKE PERSON ARRESTED BEFORE MAGISTRATE.
Penalty: Imprisonment for a term not exceeding two years.
134. BRINGING FICTITIOUS ACTION ON PENAL LAW.
Penalty: Imprisonment for a term not exceeding two years.
135. INSERTING ADVERTISEMENT WITHOUT AUTHORITY OF COURT.
Penalty: Imprisonment for a term not exceeding two years.
136. ATTEMPTING TO PERVERT JUSTICE.
Penalty: Imprisonment for a term not exceeding two years.
Division 6. – Escapes: Rescues: Obstructing Officers of Courts.
137. FORCIBLY RESCUING CAPITAL OFFENDERS.
Penalty: Subject to Section 19, imprisonment for life.
138. AIDING PRISONERS TO ESCAPE.
(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,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
139. ESCAPE BY PRISONER.
Penalty: [60]A term of imprisonment of not less than five years.
(2) An offender under Subsection (1) may be tried, convicted, and punished, notwithstanding that at the time of his apprehension or trial the term of his original sentence (if any) has expired.
140. PERMITTING ESCAPE.
Penalty: Imprisonment for a term not exceeding three years.
141. HARBOURING ESCAPED PRISONERS.
Penalty: A fine not exceeding K400.00, or imprisonment for a term not exceeding two years.
142. RESCUING PERSONS OF UNSOUND MIND.
(a) rescues any person during–
(i) his conveyance as a person of unsound mind to–
(A) a hospital or reception house for persons of unsound mind; or
(B) a house licensed under the laws relating to persons of unsound mind for the reception of patients; or
(C) a prison; or
(ii) his confinement as a person of unsound mind in any such place; or
(b) being in charge of a person during his conveyance as a person of unsound mind to any such place, wilfully permits him to escape from custody; or
(c) being a superintendent of, or person employed in, any such place wilfully permits a person confined in it to escape from it; or
(d) conceals any such person who has, to his knowledge–
(i) been rescued during such conveyance or confinement; or
(ii) escaped during such conveyance or from such confinement,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
143. REMOVING, ETC., PROPERTY UNDER LAWFUL SEIZURE.
Penalty: Imprisonment for a term not exceeding three years.
144. OBSTRUCTING OFFICERS OF COURTS OF JUSTICE.
Penalty: On conviction on indictment–a fine not exceeding K400.00 or imprisonment for a term not exceeding one year.
On summary conviction–a fine not exceeding K200.00 or imprisonment for a term not exceeding six months.
Division 7. – Division 7.-Offences Relating to Currency..
145. INTERPRETATION OF DIVISION 7.
“coin” includes–
(a) coin made in whole or in part out of material other than metal; and
(b) the coin of any country or place outside Papua New Guinea;
“coining instrument” includes any stamp, mould, press for coinage, tool, instrument, appliance or machine–
(a) adapted to make the resemblance of both or either of the sides of any coin; or
(b) adapted or intended to be used for marking coin round the edges with marks or figures apparently resembling those on any genuine coin; or
(c) adapted for making blanks in the shape of genuine coin;
“copy of a note” includes–
(a) a reproduction or negative of a current note or part of a current note in any size, scale or colour; and
(b) a copy of a current note or part of a current note in any size, scale or colour;
“counterfeit”, in relation to coin, means–
(a) coin that is not genuine but resembles, or is apparently intended to resemble or pass for, genuine coin; and
(b) genuine coin that has been prepared or altered so as to resemble, or to be apparently intended to resemble or pass for, coin of a higher denomination; and
(c) genuine coin that–
(i) has been clipped or filed, or the size or weight of which has otherwise been diminished; and
(ii) has been prepared or altered so as to conceal the clipping, filing or diminution,
and includes any such coin whether or not it is–
(d) in a fit state to be uttered; or
(e) the process or preparation or alteration is complete;
“current”, in relation to notes and coins, means any note or coin that is currently legal tender, with or without restriction as to amount, in Papua New Guinea or in any country or place outside Papua New Guinea;
“forgery”, in relation to a note, means–
(a) a note that is not genuine but resembles, or is intended to resemble or pass for, a genuine note; or
(b) a genuine note that has been altered so as to resemble, or to be apparently intended to resemble or pass for, a note of a higher denomination; or
(c) a genuine note that has been split or otherwise tampered with in such a manner as to sever from the note any material part,
and in a case referred to in Paragraph (c) includes both the note and the part severed from it;
“form of a note” means any form of a note, not being a genuine note, intended or likely to pass for a current note, and includes a part of such a form;
“note” includes any bill or note payable to bearer on demand that is used or intended to be used as equivalent to money, whether immediately on issue or at any time after issue;
“utter” includes–
(a) use, deal with or act on; and
(b) attempt to use, deal with, or act on; and
(c) attempt to induce any person to use, deal with, or act on,
the thing in question as if it were genuine.
146. GILDING, ETC., METAL OR OTHER MATERIAL WITH INTENT TO MAKE COUNTERFEIT COIN.
(a) gilds or silvers any piece of metal or other material of a fit size or figure to be coined, or colours any piece of metal or other material of such size so as to make it look like gold or silver, with intent that it shall be coined into counterfeit coin; or
(b) makes, or begins to make, any piece of metal or other material into a fit size or figure to facilitate the coining from it of any counterfeit coin with intent that any counterfeit coin shall be made from it,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 10 years.
147. MAKING, ETC., COINING INSTRUMENTS.
(a) makes or mends; or
(b) begins or prepares to make or mend; or
(c) has in his possession; or
(d) receives; or
(e) disposes of,
any coining instrument is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
148. MAKING COUNTERFEIT COIN.
Penalty: Imprisonment for a term not exceeding 10 years.
149. BUYING OR SELLING OF COUNTERFEIT COIN.
(a) buys, sells, receives, pays or disposes of any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do so; or
(b) brings or receives into Papua New Guinea any counterfeit coin, knowing it to be counterfeit,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
150. POSSESSION OF COUNTERFEIT COIN, ETC.
(a) any counterfeit coin, knowing it to be counterfeit, with intent to utter it or with intent that it may be uttered by any other person; or
(b) any bullion, metal, material, substance or article intending to use it, or knowing that it is intended to be used, in or in connection with the making of counterfeit coin,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding three years.
151. UTTERING COUNTERFEIT COIN.
Penalty: Imprisonment for a term not exceeding three years.
152. UTTERING METAL, ETC., AS COIN.
(a) any coin that is not current coin; or
(b) any metal or piece of metal or other material, whether a coin or not, that is of less value than the current coin as and for which it is uttered,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding two years.
153. CLIPPING OR SWEATING COINS.
Penalty: Imprisonment for a term not exceeding 10 years.
154. POSSESSION OF CLIPPINGS, ETC.
(a) consists of filings, clippings, dust or bullion; or
(b) is in solution; or
(c) is in any other form,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
155. MAKING, POSSESSING OR SELLING TOKENS, ETC., RESEMBLING COINS.
(a) resembles in size, figure and colour any current coin; or
(b) bears a device resembling a device on a current coin; or
(c) is so formed that it can, by gilding, silvering, colouring, washing or other like process, be so dealt with as to resemble a current coin and is capable, or would if so dealt with be capable, of being passed for a genuine coin,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding one year.
156. DEFACING COINS.
Penalty: Imprisonment for a term not exceeding one year.
157. DEFACING OR DESTROYING COINS.
(2) A person who, without the consent of an authorized person–
(a) destroys, by melting or otherwise, a current coin; or
(b) in the course of carrying on any trade or business, defaces a current coin,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding six months.
158. POSSESSION OF FORGED NOTES.
Penalty: Imprisonment for a term not exceeding four years.
159. FORGING OR UTTERING OF NOTES.
Penalty: Imprisonment for a term not exceeding 14 years.
160. MAKING, ETC., OF FALSE FORMS.
(a) a form of a note; or
(b) an instrument or thing that may be used in the making of a form of a note,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding four years.
161. ALTERATION OF NOTES FORBIDDEN.
Penalty: Imprisonment for a term not exceeding eight years.
162. COPYING OF NOTES FORBIDDEN.
(a) a copy of a note; or
(b) a writing, engraving, photograph or print resembling a current note,
is guilty of a misdemeanour.
Penalty: A fine not exceeding K500.00 or imprisonment for a term not exceeding one year, or both.
(2) This section does not affect the liability of a person to be proceeded against for a higher offence, but a person shall not be punished twice in respect of the same act.
163. SEIZURE OF COUNTERFEIT COIN, TOOL FOR COINING, ETC.
(a) any counterfeit coin; or
(b) any coining instrument adapted and intended for making any such counterfeit coin; or
(c) any filings or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, that are or is suspected, on reasonable grounds, to have been obtained by dealing with any current gold or silver coin in such a manner as to diminish its weight; or
(d) a forged current note; or
(e) a tool, instrument or machine adapted and intended for making a forged current note,
the person who finds it or them may seize it or them, and take it or them immediately before a magistrate to be dealt with according to law.
164. FORFEITURE OF COINING INSTRUMENTS.
(a) all coining instruments made by, or in the possession of, a person without lawful authority;
(b) any metal or other material or substance intended to be made into counterfeit coin;
(c) all counterfeit coins, whether partly made or finished;
(d) any material, substance or article used or intended to be used in or in connection with the making of counterfeit coin.
165. FORFEITURE OF FORGED NOTES.
166. FORFEITURE OF ILLICIT FORMS.
(2) A member of the Police Force may, at any time, seize an article forfeited under this section, or an article that he has reasonable ground to believe is forfeited under this section, and bring it before a District Court.
(3) A District Court may order an article seized under this section to be condemned or returned to the person from whom it was seized.
(4) An article condemned under this section shall be dealt with as the Minister directs, and pending his direction, may be held in such custody as the court directs.
167. COUNTERFEIT NOTES TO BE MARKED.
168. DEALING, ETC., WITH FORFEITED GOODS.
Penalty: Imprisonment for a term not exceeding one year.
Division 8. – Division 8.-Offences Relating to Posts and Telegraphs..
169. STOPPING MAILS.
(a) stops a mail conveyance; or
(b) stops any person engaged in conveying or delivering a mail,
with intent to search the mail, is guilty of a crime.
Penalty: Subject to Section 19, imprisonment for life.
170. INTERCEPTING THINGS SENT BY POST OR TELEGRAPH.
Penalty: Imprisonment for a term not exceeding seven years.
171. TAMPERING WITH THINGS SENT BY POST OR TELEGRAPH.
(a) does with respect to any thing that is in course of transmission by post or telegraph any act that he is not authorized to do by virtue of his employment; or
(b) knowingly permits any other person to do any such act with respect to any such thing,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
172. WILFUL MISDELIVERY OF THINGS SENT BY POST OR TELEGRAPH.
Penalty: Imprisonment for a term not exceeding three years.
173. OBTAINING LETTERS BY FALSE PRETENCES.
Penalty: Imprisonment for a term not exceeding two years.
174. SECRETING LETTERS.
(a) is found by him; or
(b) is wrongly delivered to him,
and that ought, to his knowledge, to have been delivered to another person, is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
175. FRAUDULENT ISSUE OF MONEY ORDERS AND POSTAL NOTES.
(a) employed by or under Post PNG Limited or Telikom PNG Limited; and
(b) charged by virtue of his employment with any duty in connection with the issue of money orders or postal notes,
unlawfully, and with intent to defraud, issues a money order or postal note is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
176. FRAUDULENT MESSAGES RESPECTING MONEY ORDERS.
(a) employed by or under Post PNG Limited or Telikom PNG Limited; and
(b) charged by virtue of his employment with any duty in connection with money orders,
sends to any other person, with intent to defraud, a false or misleading letter, telegram or message concerning–
(c) a money order; or
(d) money payable under a money order,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
177. SENDING DANGEROUS OR OBSCENE THINGS BY POST.
(a) encloses any thing, whether living or inanimate, of such a nature as to be likely to injure–
(i) any other things in the course of conveyance; or
(ii) any person; or
(b) encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card or article; or
(c) has on it, in it or on its cover any indecent, obscene or grossly offensive words, marks or designs,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding one year.
178. RETARDING DELIVERY OF MAILS, ETC.
(a) being required by law or by virtue of his employment to do any act with respect to the receipt, despatch or delivery of any thing that is or may be transmitted by post or telegraph–
(i) neglects or refuses to do the act; or
(ii) wilfully detains or delays, or permits the detention or delay of, any such thing; or
(b) being employed by or under Post PNG Limited or Telikom PNG Limited, negligently–
(i) loses; or
(ii) detains or delays, or permits the detention or delay of,
anything sent by post or telegraph, is guilty of an offence.
Penalty: A fine not exceeding K200.00.
179. OBSTRUCTING MAILS.
Penalty: A fine not exceeding K100.00.
180. PENALTY ON MAIL-COACH DRIVER OR GUARDS LOITERING.
(a) loiters on the road; or
(b) wilfully misspends or loses time; or
(c) is under the influence of intoxicating liquor; or
(d) unless prevented by some cause beyond his control (proof of which is on him)–does not convey the mail at the speed fixed by the Board of Post PNG Limited for its conveyance,
is guilty of an offence.
Penalty: A fine not exceeding K20.00.
181. FRAUDULENTLY REMOVING STAMPS.
(a) removes from any thing sent by post any stamp affixed on it; or
(b) removes from a stamp previously used, any mark made on it at a post office; or
(c) knowingly uses a postage stamp that has been obliterated or defaced by a mark made on it at a post office,
is guilty of an offence.
Penalty: A fine not exceeding K400.00, or imprisonment for a term not exceeding one year.
(2) Until the contrary is shown on the trial of a person charged with an offence against Subsection (1)(c), proof that the person charged is the writer of the address of any thing sent by post on which the stamp is affixed is sufficient evidence that he is the person who used the stamp.
182. FRAUDULENT EVASION OF POSTAL LAWS.
(a) knowingly and fraudulently puts into a post office any thing in or on which, or in or on the cover of which, there is a letter, newspaper or other thing, or any writing or mark, not allowed by law to be placed there; or
(b) wilfully subscribes on the outside of any thing sent by post a false statement of its contents; or
(c) knowingly and fraudulently puts into a post office anything that falsely purports to be a thing falling within any exemption or privilege declared by the laws relating to posts and telegraphs,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
183. CARRYING LETTERS OTHERWISE THAN BY POST.
(a) sends or conveys a letter for hire or reward otherwise than by post; or
(b) takes charge of a letter for conveyance for hire or reward,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
(2) Until the contrary is proved, every letter sent, conveyed or taken charge of to be conveyed otherwise than by post shall be deemed to have been sent, conveyed or taken charge of for hire or reward.
(3) Subsection (1) does not apply to a letter–
(a) exceeding the weight prescribed by law for letters sent by post; or
(b) concerning goods sent and to be delivered with it; or
(c) containing–
(i) process of, or proceedings or pleadings in, a court of justice; or
(ii) briefs or cases or instructions for counsel and their opinions on such briefs and instructions; or
(iii) a deed, affidavit or power of attorney; or
(d) sent by a special messenger and concerning the private affairs of the sender; or
(e) sent or carried to or from the nearest post office.
184. ILLEGALLY CONDUCTING POSTAL BUSINESS OR OBSTRUCTING POST OFFICE.
(a) without lawful excuse (proof of which is on him)–
(i) makes any envelope, wrapper, card, form or paper–
(A) in imitation of one issued by or under the authority of the Board of Post PNG Limited or of the postal authority of any other country; or
(B) on which there is any word, letter or mark, that signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or parcel bearing that word, letter, or mark is sent on the service of the National Government, or on the public service of another country; or
(ii) makes on any envelope, wrapper, card, form, or paper, for the purpose of its being issued or sent by post or otherwise–
(A) any stamp or mark in imitation of a stamp or mark of any post office under the control of the Board of Post PNG Limited or of the postal authority of any other country; or
(B) any other stamp or mark, or any word or letter, that signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet or parcel bearing that stamp, mark, word, or letter is sent on the service of the National Government, or on the public service of another country; or
(iii) issues or sends by post, or otherwise, any envelope, wrapper, card, form, or paper, so marked; or
(b) without the authority of the Board of Post PNG Limited (proof of which is on the person charged)–
(i) places or maintains, or permits to be placed or maintained or to remain in, on, or near any place under his control the words “post office”, or any word, letter, or mark that signifies or implies, or may reasonably induce any person to believe, that the place is a post office; or
(ii) places, or permits to be placed or to remain, on a vehicle under his control the words “Royal Mail”, or any word, letter or mark that signifies or implies, or may reasonably induce any person to believe, that the vehicle is used for the conveyance of mails; or
(c) contrary to the Postal Services Act 1996 (proof of which is on the person charged)–
(i) sells, or offers or exposes for sale, a postage stamp; or
(ii) places, or permits to be placed or to remain, on or near his house or premises the words “licensed to sell stamps”, or any word, letter or mark that signifies or implies, or may reasonably induce any person to believe, that he is duly licensed to sell postage stamps,
is guilty of an offence.
Penalty: A fine not exceeding K10.00.
185. DESTROYING OR DAMAGING LETTER RECEIVERS.
(a) wilfully destroys or damages–
(i) any receptacle provided by the authority of the Board of Post PNG Limited for the reception of any thing intended to be sent by post; or
(ii) any card or notice relating to the postal service or telegraph service provided by Post PNG Limited; or
(b) obliterates any letter or figure on any such thing,
is guilty of an offence.
Penalty: A fine not exceeding K100.00.
186. PLACING INJURIOUS SUBSTANCES IN OR AGAINST LETTER BOXES.
(a) any fire or match; or
(b) any explosive, dangerous, noxious, or deleterious substance; or
(c) any fluid or filth,
is guilty of an offence.
Penalty: A fine not exceeding K40.00.
187. OBSTRUCTING POST AND TELEGRAPH OFFICES.
(a) the business of the office; or
(b) any person lawfully going to the office,
is guilty of an offence.
Penalty: A fine not exceeding K10.00.
188. OBSTRUCTING POST AND TELEGRAPH OFFICERS IN THE EXECUTION OF DUTY, ETC.
(a) wilfully obstructs a person employed by or under Post PNG Limited or Telikom PNG Limited in the execution of the duties of his employment; or
(b) being in a post office or telegraph office, or within any premises appertaining to, or used with, a post office or telegraph office, wilfully obstructs the business of the office,
is guilty of an offence.
Penalty: A fine not exceeding K4.00.
(2) A person employed by or under the Post PNG Limited or Telikom PNG Limited may require any person committing an offence against Subsection (1) to leave the post office, or telegraph office or premises.
(3) A person who refuses or fails to comply with a request made under Subsection (2) is guilty of an offence.
Penalty: A fine not exceeding K10.00.
(4) A person who refuses or fails to comply with a request made under Subsection (2) may be removed by the person authorized to make the request, and all members of the Police Force shall, on demand, remove, or assist in removing, that person.
189. INTERFERENCE WITH TELEGRAPHS.
(a) destroys, damages or removes any part of any apparatus used in the working of, or in connection with, an electric telegraph under the control of Telikom PNG Limited; or
(b) prevents or obstructs the sending or delivering of a communication by any such telegraph,
is guilty of a misdemeanour.
Penalty: Subject to Subsection (2), imprisonment for a term not exceeding three years.
(2) A magistrate before whom a person is charged with an offence under Subsection (1) may, if he thinks fit, direct the charge to be dealt with summarily, in which case the offender is liable to a fine not exceeding K100.00 or imprisonment for a term not exceeding three months.
(3) A person found committing or attempting to commit an offence against Subsection (1) may be arrested without warrant.
(4) A person who attempts to commit an offence against Subsection (1) is guilty of an offence.
Penalty: A fine not exceeding K100.00, or imprisonment for a term not exceeding three months.
190. NEGLIGENTLY INJURING TELEGRAPHS.
Penalty: A fine not exceeding K4.00.
191. VIOLATION OF SECRECY.
Penalty: A fine not exceeding K200.00 or imprisonment for a term not exceeding six months.
192. MAKING CHARGES FOR USE OF TELEGRAPH LINE WITHOUT AUTHORITY.
Penalty: A fine not exceeding K100.00.
193. OBSTRUCTING POSSESSION OF POSTS AND TELEGRAPHS OFFICERS, ETC.
(a) wilfully obstructs or delays any person who, as duly authorized by the Board of Post PNG Limited, enters into a post office or telegraph office, or takes possession of anything in it that belongs or appertains to Post PNG Limited; or
(b) wilfully interferes with any such person who has so entered and is in the post office or telegraph office, or on the premises where the post office or telegraph office is situated, for a reasonable time for the purpose of taking such possession,
is guilty of an offence.
Penalty: A fine not exceeding K40.00.
194. RESISTING OFFICERS.
Penalty: A fine not exceeding K100.00, or imprisonment for a term not exceeding three months.
Division 9. – Miscellaneous Offences against Public Authority.
195. FALSE DECLARATION AS TO EXECUTION OF SENTENCE OF DEATH.
Penalty: Imprisonment for a term not exceeding 14 years.
196. FALSE STATEMENTS REQUIRED TO BE UNDER OATH OR SOLEMN DECLARATION.
(a) is required by law to make it on oath or under some sanction that may by law be substituted for an oath; or
(b) is required to verify it by solemn declaration or affirmation,
makes a statement concerning the matter that is to his knowledge false in a material particular, and verifies it on oath or under such other sanction or by solemn declaration or affirmation, is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person cannot be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness.
(3)[61] [Repealed.]
197. FALSE DECLARATIONS AND STATEMENTS.
Penalty: Imprisonment for a term not exceeding three years.
(2) A person cannot be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness.
198. SHOOTING AT CUSTOMS BOATS OR OFFICERS.
(a) shoots at a vessel that is in use by an officer of Customs who is engaged in the execution of his duty as such an officer; or
(b) shoots at, wounds or causes any grievous bodily harm to an officer of Customs who is engaged in the execution of his duty in the prevention of smuggling, or a person acting in aid of an officer of Customs who is so engaged,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 14 years.
199. RESISTING OFFICERS ENGAGED IN PREVENTING SMUGGLING.
(a) an officer of Customs, or any person duly employed for the prevention of smuggling, who is engaged in the execution of his duty in the prevention of smuggling; or
(b) any person acting in aid of any such officer or person while he is so engaged,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding three years.
200. RESISTING CUSTOMS OFFICERS GENERALLY.
(a) assaults or obstructs–
(i) an officer of Customs, or any person duly employed for the prevention of smuggling, who is engaged–
(A) in the execution of his duty under any law relating to the Customs; or
(B) in the seizure of any goods claimed to be liable to forfeiture under any such law; or
(ii) a person acting in aid of any such officer or person while he is so engaged; or
(b) rescues or attempts to rescue any goods that have been seized under any such law; or
(c) before, at, or after the seizure of any goods under any such law–
(i) staves, breaks or destroys the goods with intent to prevent the seizure or the securing of the goods; or
(ii) attempts to do any such act,
is guilty of an offence.
Penalty: A fine not exceeding K200.00.
201. RESISTING PUBLIC OFFICERS, ETC.
(a) any public officer who is engaged in the discharge or attempted discharge of the duties of his office under any law; or
(b) any person who is engaged in the discharge or attempted discharge of any duty imposed on him by any law,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
202. REFUSAL BY PUBLIC OFFICER TO PERFORM DUTY.
Penalty: Imprisonment for a term not exceeding two years, and a fine at the discretion of the court.
203. NEGLECT OF POLICE OFFICERS TO SUPPRESS RIOT.
Penalty: Imprisonment for a term not exceeding two years.
204. NEGLECT TO AID IN SUPPRESSING RIOT.
Penalty: Imprisonment for a term not exceeding one year.
205. NEGLECT TO AID IN ARRESTING OFFENDERS.
Penalty: Imprisonment for a term not exceeding one year.
206. DISOBEDIENCE TO LAWFUL ORDER ISSUED BY STATUTORY AUTHORITY.
Penalty: Imprisonment for a term not exceeding one year.
(2) Subsection (1) does not apply if some other mode of proceeding against the defaulter is expressly provided for by any law, and intended to be exclusive of all other punishment.
PART IV. – ACTS INJURIOUS TO THE PUBLIC IN GENERAL.
Division 1. – Offences Relating to Religious Worship.
207. OFFERING VIOLENCE TO OFFICIATING MINISTERS OF RELIGION.
(a) by threats or force–
(i) prevents or attempts to prevent any minister of religion from–
(A) lawfully officiating in any place of religious worship; or
(B) performing his duty in the lawful burial of the dead in any cemetery or other burial place; or
(ii) obstructs or attempts to obstruct any minister of religion while so officiating or performing that duty; or
(b) assaults, or, on the pretence of executing any civil process, arrests any minister of religion who–
(i) is engaged in; or
(ii) is, to the knowledge of the offender, about to engage in,
any of the offices or duties referred to in Paragraph (a), or who is, to the knowledge of the offender–
(iii) going to perform them; or
(iv) returning from performing them,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
208. DISTURBING RELIGIOUS WORSHIP.
(a) disquiets or disturbs any meeting of persons lawfully assembled for religious worship; or
(b) assaults–
(i) any person lawfully officiating at any such meeting; or
(ii) any of the persons assembled, at any such meeting,
is guilty of an offence.
Penalty: A fine not exceeding K50.00, or imprisonment for a term not exceeding two months.
Division 2. – Offences Against Sexual Morality.
209. KNOWLEDGE OF AGE IMMATERIAL.
210. UNNATURAL OFFENCES.
(a) sexually penetrates any person against the order of nature; or
(b) sexually penetrates an animal; or
(c) permits a male person to sexually penetrates him or her against the order of nature,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 14 years.
(2) A person who attempts to commit an offence against Subsection (1) is guilty of a crime.
Penalty: imprisonment for a term not exceeding seven years.
(3)[65] [Repealed.]
211[66]. [REPEALED.]
212. INDECENT PRACTICES BETWEEN MALES.
(a) commits an act of gross indecency with another male person; or
(b) procures another male person to commit an act of gross indecency with him; or
(c) attempts to procure the commission of any such act by a male person with himself or with another male person,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
(2)[67] [Repealed.]
213[68]. [REPEALED.]
214. HOUSEHOLDER PERMITTING DEFILEMENT OF YOUNG GIRLS ON HIS PREMISES.
(a) being the owner or occupier of any premises; or
(b) having, or acting or assisting in, the management or control of any premises,
induces, or knowingly permits, any girl under the age of 16 years to resort to or be in or on the premises for the purpose of being unlawfully carnally known by any man (whether a particular man or not) is guilty of an indictable offence.
(2) Subject to Subsection (3), an offender against Subsection (1) is guilty of a misdemeanour, and is liable to imprisonment for a term not exceeding two years.
(3) If the girl is under the age of 12 years, an offender against Subsection (1) is guilty of a crime, and is liable, subject to Section 19, to imprisonment for life.
(4) It is a defence to a charge of an offence against Subsection (1) to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of 16 years.
(5) The husband or wife of the accused person is a competent but not a compellable witness.
215 - 217[69]. [REPEALED.]
218. PROCURING GIRL OR WOMAN.
Penalty: Imprisonment for a term not exceeding three years.
(2) A person cannot be convicted of any offence under this section on the uncorroborated testimony of one witness.
219. PROCURING GIRL OR WOMAN BY DRUGS, ETC.
(a) by means of any fraud, violence, threat or abuse of authority; or
(b) by the use of any drug or intoxicating liquor,
procures, entices or leads away any girl or woman, with intent that some other person may have carnal knowledge of her whether inside or outside Papua New Guinea is guilty of an offence notwithstanding that some one or more of the acts constituting the offence may have been committed outside Papua New Guinea.
Penalty: Imprisonment for a term not exceeding seven years.
(2) A person cannot be convicted of any offence under this section on the uncorroborated testimony of one witness.
220. ABDUCTION OF GIRL UNDER 18 WITH INTENT TO HAVE CARNAL KNOWLEDGE.
Penalty: Imprisonment for a term not exceeding two years.
(2) It is a defence to a charge of an offence against Subsection (1) to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of 18 years.
(3) The husband or wife of the accused person is a competent but not a compellable witness.
221. UNLAWFUL DETENTION WITH INTENT TO DEFILE OR IN A BROTHEL.
(a) detains a woman or girl against her will in or on any premises for the purpose of her being unlawfully carnally known by a man (whether a particular man or not); or
(b) detains a woman or girl against her will in a brothel,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
(2) The husband or wife of the accused person is a competent but not a compellable witness.
(3) For the purposes of this section, when a woman or girl is in or on any premises for the purpose of her being unlawfully carnally known by a man (whether a particular man or not), or is in a brothel, a person shall be deemed to detain her in or on the premises for the purpose of her being so unlawfully carnally known, or to detain her in the brothel, if–
(a) with intent to compel or induce her to remain in or on the premises or in the brothel, he withholds from her any wearing apparel or other property belonging to her; or
(b) after wearing apparel has been lent or otherwise supplied to her by or by the direction of that person or any other person, he threatens her with legal proceedings if she takes the wearing apparel away with her.
(4) It is lawful for a woman or girl to take any such wearing apparel as is necessary to enable her to leave a brothel or any premises in or on which she is for the purpose of her being unlawfully carnally known by a man.
222. CONSPIRACY TO DEFILE.
Penalty: Imprisonment for a term not exceeding three years.
223. INCEST.
Penalty: Imprisonment for a term not exceeding seven years.
(2) For the purposes of this section, a close blood relative means a parent, son, daughter, sibling (including a half-brother or half-sister), grandparent, grandchild, aunt, uncle, niece, nephew or first cousin, being such a family member from birth and not from marriage or adoption.
(3) No person shall be found guilty of an offence under this section if, at the time the act of sexual penetration occurred, he was under restraint, duress or fear of the other person engaged in the act.
224[71]. [REPEALED.]
225. ATTEMPTS TO PROCURE ABORTION.
Penalty: Imprisonment for a term not exceeding 14 years.
(2) A woman who, with intent to procure her own miscarriage, whether or not she is pregnant–
(a) unlawfully administers to herself any poison or other noxious thing, or uses force or any other means; or
(b) permits any such thing or means to be administered or used to her,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding seven years.
226. SUPPLYING DRUGS OR INSTRUMENTS TO PROCURE ABORTION.
Penalty: Imprisonment for a term not exceeding three years.
227. INDECENT ACTS.
(a) wilfully and without lawful excuse does an indecent act in a place to which the public are permitted to have access, whether or not on payment of a charge for admission; or
(b) wilfully does an indecent act in a place with intent to insult or offend a person, or by which any person is reasonably insulted or offended,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
(2) For the purposes of Subsection (1), the uttering of indecent words or the making of an indecent suggestion shall be deemed to be an indecent act.
(3)[72] [73]228. OBSCENE PUBLICATIONS AND EXHIBITIONS.
(a) publicly sells or exposes for sale–
(i) an obscene book or other obscene printed or written matter; or
(ii) an obscene picture, photograph, drawing or model; or
(iii) any other object tending to corrupt morals; or
(b) exposes to view in a place to which the public are permitted to have access, whether or not on payment of a charge for admission–
(i) an obscene picture, photograph, drawing or model; or
(ii) any other object tending to corrupt morals; or
(c) publicly exhibits any indecent show or performance, whether or not on payment of a charge for admission to see the show or performance; or
(d) for the purposes of, or by way of, trade or sale, or for distribution or public exhibition, makes, produces or has in his possession an obscene writing, drawing, print, painting, picture, poster, emblem, photograph or cinematograph film, or any other obscene object; or
(e) for a purpose referred to in Paragraph (d)–
(i) imports, conveys, or exports; or
(ii) causes to be imported or exported; or
(iii) puts into circulation,
any obscene matter or thing referred to in that paragraph; or
(f) carries on or takes part in a business (whether public or private) concerned with any obscene matter or thing referred to in this section, or deals in, distributes, exhibits publicly or makes a business of lending any such obscene matter or thing; or
(g) with a view to assisting in an act made punishable by this section, advertises or makes known by any means that a person is engaged in any such act, or how or from whom any obscene matter or thing referred to in this section can, directly or indirectly, be procured,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
(2) It is a defence to a charge of an offence against Subsection (1) to prove that it was for the public benefit that the act complained of should be done.
(3) Whether the doing of an act referred to in Subsection (1) is or is not for the public benefit is a question of fact.
229. SEARCH, SEIZURE AND DESTRUCTION.
(a) to search the house, vessel or place; and
(b) to seize any such obscene matter or thing if found and take it before a magistrate to be dealt with according to law.
(2) A warrant under Subsection (1) must be executed by day unless, by the warrant, the magistrate specially authorizes it to be executed by night.
(3) Any obscene matter or thing seized under Subsection (1) may be detained by a magistrate, and when it is no longer required as evidence may be destroyed under an order of a magistrate.
Division 2A. – Sexual offences against children.
229A. SEXUAL PENETRATION OF A CHILD.
Penalty: Subject to Subsection (2) and (3), imprisonment for a term not exceeding 25 years.
(2) If the child is under the age of 12 years, an offender against Subsection (1) is guilty of a crime and is liable, subject to Section 19, to imprisonment for life.
(3) If, at the time of the offence, there was an existing relationship of trust, authority or dependency between the accused and the child, an offender against Subsection (1) is guilty of a crime, and is liable, subject to Section 19, to imprisonment for life.
229B. SEXUAL TOUCHING.
(a) touches, with any part of his or her body, the sexual parts of a child under the age of 16 years; or
(b) compels a child under the age of 16 years to touch, with any part of his or her body, the sexual parts of the acused person’s own body,
is guilty of a crime.
Penalty: Subject to Subsection (4) and (5), imprisonment for a term not exceeding seven years.
(2) For the purposes of this section, “sexual parts” including the genital are, groin, buttocks or breast of a person.
(3) For the purposes of this section, a person touches another person if he touches the other person with his body or with an object manipulated by the person.
(4) If the child is under the age of 12 years, an offender under Subsection (1) is guilty of a crime, and is liable to imprisonment for a term not exceeding 12 years.
(5) If, at the time of the offence, there was an existing relationship of trust, authority or dependency between the accused and the child, an offender against Subsection (1) is guilty of a crime, and is liable to imprisonment for a term not exceeding 12 years.
229C. INDECENT ACT DIRECTED AT A CHILD.
Penalty: Subject to Subsection (2) and (3), imprisonment for a term not exceeding five years.
(2) If the child is under the age of 12 years, an offender under Subsection (1) is guilty of a crime, and is liable to imprisonment for a term not exceeding seven years.
(3) If, a the time of the offence, there was an existing relationship of trust, authority or dependency between the accused and the child, an offender against Subsection (1) is guilty of a crime, and is liable to imprisonment for a term not exceeding seven years.
229D. PERSISTENT SEXUAL ABUSE OF A CHILD.
Penalty: Subject to Subsection (6), imprisonment for a term not exceeding 15 years.
(2) For the purposes of Subsection (1), it is immaterial whether or not the conduct is of the same nature, or constitutes the same offence, on each occasion.
(3) In proceedings related to an offence against this section, it is not necessary to specify or prove the dates or exact circumstances of the alleged occasions on which the conduct constituting the offence occurred.
(4) A charge of an offence against this section –
(a) must specify with reasonable particularity the period during which the offence against this section occurred; and
(b) must describe the nature of the separate offences alleged to have been committed by the accused during that period.
(5) For an accused to be committed of an offence against this section –
(a) the court must be satisfied beyond reasonable doubt that the evidence establishes at least two separate occasions, occurring on separate days during the period concerned, on which the accused engaged in conduct constituting an offence against this Division in relation to a particular child; and
(b) the court must be so satisfied about the material facts of the two incidents, although the court need not be so satisfied about the dates or the order of those occasions.
(6) If one or more of the occasions involved an act of penetration, an offender against Subsection (1) is guilty of a crime and is liable, subject to Section 19, to life imprisonment.
229E. ABUSE OF TRUST, AUTHORITY OR DEPENDENCY.
Penalty: Imprisonment for a term not exceeding 15 years.
(2) It is not a defence of a charge under this section that the child consented unless, at the time of the alleged offence, the accused believed on reasonable grounds that the child was aged 18 years or older.
229F. CONSENT NO DEFENCE.
(a) the accused believed on reasonable grounds that the child was aged 16 years or older; or
(b) the child was aged 12 years or older, and the accused was no more than two years older than the child.
229G. DEFENCE – MARRIAGE.
229H. CORROBORATION NOT REQUIRED.
229I. RULE OF EVIDENCE.
Division 2B. – Commercial sexual exploitation of children.
229J. INTERPRETATION.
“child or children” means a person under the age of 18 years;
“child prostitution” means the provision of any sexual service by a person under the age of 18 years for financial or other reward, favour or compensation, whether paid to the child or some other person;
“child pornography” means –
(a) any photographic, film, video or other visual representation –
(i) that show a person who is or who is depicted as being under the age of 18 years and is engaged in, or is depicted as engaged in, sexual activity; or
(ii) whose dominant characteristics is the depiction, for a sexual purpose, of the genital or anal region of a person under the age of 18; or
(b) any audio representation of a person who is, or is represented as being, a child and who is engaged in, or is being represented as being engaged in, sexual activity; or
(c) any written material, visual representation or audio representation that advocates, counsels or encourages sexual activity with children,
irrespective of how or through what medium the representation has been produced, transmitted or conveyed and, without prejudice to the generality of the foregoing,, includes any representation produced by or from computer graphics or by the other electronic or mechanical means.
229K. OBTAINING THE SERVICES OF A CHILD PROSTITUTE.
(a) participates as a client or is otherwise involved with a child in an act of child prostitution; or
(b) invites, persuades or induces a child to enagage in child prostitution with him or her or any other person,
is guilty of a crime.
Penalty: Subject to Subsection (2), imprisonment for a term not exceeding 15 years.
(2) If the child is under the age of 12 years,, an offender against Subsection (1) is guilty of a crime, and is liable, subject to Section 19, to life imprisonment.
229L. OFFERING OR ENGAGING A CHILD FOR PROSTITUTION.
(2) If the child is under the age of 12 years, the offender against Subsection (1) is guilty of a crime, and is liable, subject to Section 19, to life imprisonment.
229M. FACILITATION OR ALLOWING CHILD PROSTITUTION.
Penalty: Imprisonment for a term not exceeding 15 years.
229N. RECEIVING A BENEFIT FROM CHILD PROSTITUTION.
Penalty: Imprisonment for a term not exceeding 15 years.
229O. PERMITTING PREMISES TO BE USED FOR CHILD PROSTITUTION.
(a) knowingly allows child prostitution to take place on that property; or
(b) within a reasonable time of gaining information that an act of child prostitution has taken place on that property, fails to report such occurrence to the police,
is guilty of crime.
Penalty: Imprisonment for a term not exceeding 15 years.
229P. MISTAKE AS TO AGE.
229Q. CHILD NOT TO BE CHARGED.
229R. CHILDREN NOT TO BE USED FOR PORNOGRAPHIC PURPOSES.
(a) uses a child for the production of child pornography; or
(b) causes or procures a child to be used for the production of child pornography; or
(c) having the care or custody of a child, consents to or allows the child to be used for the production of child pornography,
is guilty of a crime.
Penalty: Imprisonment for a term not exceeding 15 years.
229S. PRODUCING AND DISTRIBUTING CHILD PORNOGRAPHY.
(a) knowingly produces, distributes, prints or publishes any child pornography; or
(b) knowingly imports, exports, sells or shows any child pornography; or
(c) knowingly possesses any child pornography for the purpose of distributing, publishing, exporting, selling or showing it,
is guilty of a crime.
Penalty: Imprisonment of a term of not exceeding 10 years.
229T. POSSESSION OF CHILD PORNOGRAPHY.
Penalty: Imprisonment for a term not exceeding five years.
229U. DEFENCE OF INNOCENT PURPOSE.
(a) the material alleged to constitute child pornography has a genuine medical, legal, scientific or educational purpose; or
(b) the material alleged to constitute child pornography has artistic or cultural merit; or
(c) the accused believed, on reasonable grounds, that the child depicted in the material alleged to constitute child pornography was over the age of 18 years.
229V. DEFENCE OF OFFICIAL USE.
(a) for the purpose of prevention, investigation or prosecution of an offence under the Code; or
(b) in the exercise of a function under Classification of Publication (Censorship) Act 1989.
Division 3. – Division 3.-Nuisances: Misconduct Relating to Corpses..
230. COMMON NUISANCES.
(a) without lawful justification or excuse (proof of which is on him) does any act, or omits to do any act with respect to any property under his control, by which act or omission danger is caused to the lives, safety, or health, of the public; or
(b) without lawful justification or excuse, (proof of which is on him) does any act, or omits to do any act with respect to any property under his control, by which act or omission–
(i) danger is caused to the property or comfort of the public or the public are obstructed in the exercise or enjoyment of any right common to all inhabitants of Papua New Guinea; and
(ii) injury is caused to the person of some person,
is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding two years.
231. BAWDY HOUSES.
Penalty: Imprisonment for a term not exceeding three years.
232. GAMING HOUSES.
(a) keeps for gain a place to which persons resort for the purpose of playing at a game of chance; or
(b) keeps a place that is kept or used for playing in it a game of chance, or a game of mixed chance and skill, and in which–
(i) a bank is kept by one or more of the players exclusively of the others; or
(ii) a game is played the chances of which are not alike favourable to all the players, including the banker or other persons by whom the game is managed, or against whom the other players stake, play, or bet,
is said to keep a common gaming house.
(2) A person who keeps a common gaming house is guilty of a misdemeanour.
Penalty: Imprisonment for a term not exceeding three years.
233. BETTING HOUSES.