Criminal Code Act

• Coming into Force: 01 November 1975
• Published date: 01 November 1975
• Year: 1974
• Revision Date: 01 October 2021
• Type of Document: Current Version

Contenidos

• Criminal Code Act
• 1. Interpretation.
• 1A. Compliance with Constitutional requirements.
• 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.
• SCHEDULE 1.
• PART I.—INTRODUCTORY.
• 1. Interpretation.
• 2. Definition of offence.
• 3. Division of offences.
• 4. Attempts to commit offences.
• 5. Arrest without warrant. [Repealed.]
• 6. Sexual penetration.
• 6A. Relationship of trust, authority or dependency.
• 7. Principal offenders.
• 8. Offences committed in prosecution of common purpose.
• 9. Mode of execution immaterial.
• 10. Accessories after the fact.
• 11. Effect of changes in law.
• 12. Territorial application of the Code.
• 13. Offences procured or counselled by persons outside Papua New Guinea.
• 14. Offences procured in Papua New Guinea to be committed outside Papua New Guinea.
• 15. Defence Force.
• 16. Person not to be punished twice for same offence.
• 17. Former conviction or acquittal.
• 18. Kinds of punishment.
• 19. Construction of provisions of Code as to punishments.
• 20. Calculation of term of sentence: Cumulative sentences: Escaped prisoners.
• 21. Prerogative.
• 21A. Victim Impact Statements.
• 22. Application of Division 5.
• 23. Ignorance of law, bona fide claim of right.
• 24. Intention: Motive.
• 25. Mistake of fact.
• 26. Extraordinary emergencies.
• 27. Presumption of sanity.
• 28. Insanity.
• 29. Intoxication.
• 30. Immature age.
• 31. Judicial officers.
• 32. Justification and excuse: Compulsion.
• 33. Compulsion of husband.
• 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.
• PART II.—OFFENCES AGAINST PUBLIC ORDER.
• 37. Treason.
• 38. Concealment of treason.
• 39. Treasonable crimes.
• 40. Charges of treason or concealment of treason.
• 41. Inciting to mutiny.
• 42. Assisting escape of prisoners of war.
• 43. Overt act.
• 44. Definition of seditious intentions.
• 45. Innocent intentions.
• 46. Seditious enterprises, etc.
• 47. Unlawful oaths to commit capital offences.
• 48. Unlawful oaths to commit offences.
• 49. Compulsion as a defence.
• 50. Effect of prosecution.
• 51. Raising of unauthorized forces.
• 52. Quasi-military organizations.
• 53. Unlawful drilling.
• 54. Sedition.
• 55. Defamation of foreign Princes.
• 56. Interference with the Head of State or Ministers.
• 57. Interference with the Legislature.
• 58. Disturbing the Legislature.
• 59. False evidence before Parliament.
• 60. Witnesses refusing to attend or give evidence before the Parliament or a Committee of the Parliament.
• 61. Member of the Parliament receiving bribes.
• 62. Bribery of member of the Parliament.
• 63. Unlawful assembly, "riot".
• 63A. Inciting unlawful unrest and riot using ICT.
• 64. Punishment of unlawful assembly.
• 65. Punishment of riot.
• 66. Rioters remaining after command ordering them to disperse.
• 67. Rioters demolishing buildings, etc.
• 68. Smuggling or rescuing goods under arms.
• 69. Smuggling under arms or in disguise.
• 70. Going armed so as to cause fear.
• 71. Forcible entry.
• 72. Forcible detainer.
• 73. Affray.
• 74. Challenge to fight a duel.
• 75. Prize fight.
• 76. Threatening violence.
• 77. Assembling for the purpose of smuggling.
• 78. Unlawful processions.
• 79. Interfering with political liberty.
• 80. Interpretation of Division 6.
• 81. Punishment of piracy.
• 82. Attempted piracy with personal violence.
• 83. Aiding pirates.
• PART III.—OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY.
• 83A. Interpretation.
• 84. Disclosure of secrets relating to defences by public officers.
• 85. Obtaining disclosure of secrets relating to defences.
• 86. Disclosure of other official secrets.
• 87. Official corruption.
• 88. Extortion by public officers.
• 89. Public officers interested in contracts.
• 90. Officers charged with administration of property of a special character or with special duties.
• 91. False claims by officials.
• 92. Abuse of office.
• 93. Corruption of valuator.
• 94. False certificates by public officers.
• 95. Administering extra-judicial oaths.
• 96. False assumption of authority.
• 97. Personating public officers.
• 97A. Corruptly procuring withdrawal of tenders.
• 97B. Bribery of member of Public Service.
• 97C. Duty of person offered gratification.
• 97D. Evidentiary provisions relating to this Division.
• 97E. Interpretation.
• 97F. Prohibition of indirect acts.
• 97G. Receipt or solicitation of secret commission by an agent, etc.
• 97H. Secret gifts.
• 97I. False or misleading receipt or account.
• 97J. Secret commission for advice given, etc.
• 97K. Secret commission to trustee in return for substituted appointment.
• 97L. Liability of Director, etc., acting without authority.
• 97M. Penalty on conviction.
• 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.
• 98. Interpretation of Division 3.
• 99. Personation.
• 100. Double voting.
• 101. Treating.
• 102. Undue influence.
• 103. Bribery.
• 104. Further penalty for corrupt practices.
• 105. Illegal practices.
• 106. Other illegal practices.
• 107. Prosecution for corrupt and illegal practices.
• 108. Interference at elections.
• 109. Electors attempting to violate secrecy of ballot, etc.
• 110. Stuffing ballot-boxes.
• 111. Offences by presiding officers at elections.
• 112. False answers to questions at elections.
• 113. Interfering with secrecy at elections.
• 114. Breaking seal of packets used at elections.
• 115. Offences at elections when voting is by post.
• 116. False electoral claims.
• 117. Bargaining for offices in Public Service.
• 118. Interpretation of Division 5.
• 119. Judicial corruption.
• 120. Official corruption not judicial but relating to offences.
• 121. Perjury.
• 122. Fabricating evidence.
• 123. Corruption of witnesses.
• 124. Deceiving witnesses.
• 125. Destroying evidence.
• 126. Preventing witnesses from attending.
• 127. Conspiracy to bring false accusation.
• 128. Conspiring to defeat justice.
• 129. Compounding crimes.
• 130. Compounding penal actions.
• 131. Advertising reward for the return of stolen property, etc.
• 132. Magistrate acting oppressively or when interested.
• 133. Delay to take person arrested before magistrate.
• 134. Bringing fictitious action on penal law.
• 135. Inserting advertisement without authority of court.
• 136. Attempting to pervert justice.
• 137. Forcibly rescuing capital offenders.
• 138. Aiding prisoners to escape.
• 139. Escape by prisoner.
• 140. Permitting escape.
• 141. Harbouring escaped prisoners.
• 142. Rescuing persons of unsound mind.
• 143. Removing, etc., property under lawful seizure.
• 144. Obstructing officers of courts of justice.
• 145. Interpretation of Division 7.
• 146. Gilding, etc., metal or other material with intent to make counterfeit coin.
• 147. Making, etc., coining instruments.
• 148. Making counterfeit coin.
• 149. Buying or selling of counterfeit coin.
• 150. Possession of counterfeit coin, etc.
• 151. Uttering counterfeit coin.
• 152. Uttering metal, etc., as coin.
• 153. Clipping or sweating coins.
• 154. Possession of clippings, etc.
• 155. Making, possessing or selling tokens, etc., resembling coins.
• 156. Defacing coins.
• 157. Defacing or destroying coins.
• 158. Possession of forged notes.
• 159. Forging or uttering of notes.
• 160. Making, etc., of false forms.
• 161. Alteration of notes forbidden.
• 162. Copying of notes forbidden.
• 163. Seizure of counterfeit coin, tool for coining, etc.
• 164. Forfeiture of coining instruments.
• 165. Forfeiture of forged notes.
• 166. Forfeiture of illicit forms.
• 167. Counterfeit notes to be marked.
• 168. Dealing, etc., forfeited goods.
• 169. Stopping mails.
• 170. Intercepting things sent by post or ICT service.
• 171. Tampering with things sent by post or ICT service.
• 172. Wilful misdelivery of things sent by post or ICT service.
• 173. Obtaining letters by false pretences.
• 174. Secreting letters.
• 175. Fraudulent issue of money orders and postal notes.
• 176. Fraudulent messages respecting money orders.
• 177. Sending dangerous or obscene things by post.
• 178. Retarding delivery of mails, etc.
• 179. Obstructing mails.
• 180. Penalty on mail-coach driver or guards loitering.
• 181. Fraudulently removing stamps.
• 182. Fraudulent evasion of postal laws.
• 183. Carrying letters otherwise than by post.
• 184. Illegally conducting postal business or obstructing Post Office.
• 185. Destroying or damaging letter receivers.
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