Penal Code (Amendment) Act, 2010

This section gives the Act’s short title and says it is to be read together with the Penal Code as the principal Act.

Jurisdiction: Zambia
Instrument: Act or statute
Citation: Act 2 of 2011
Version: Undated source snapshot
Language: en
Official source: View official record ↗

legislation legislative drafting offences penalties repeal statutory amendment

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This section gives the Act’s short title and says it is to be read together with the Penal Code as the principal Act. This section amends the principal Act by repealing section 133 and replacing it with new text. A person who commits rape is subject to a prison sentence of at least 15 years, and may also face life imprisonment if convicted. This section amends section 137A of the principal Act by deleting subsection (2) and renumbering subsection (3) as subsection (2). A person charged under this section may defend the charge by showing a reasonable and actual belief that the child was at least 16.

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Provisions of Penal Code (Amendment) Act, 2010

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1
This Act may be cited as the Penal Code (Amendment)
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This section gives the Act’s short title and says it is to be read together with the Penal Code as the principal Act.

1. This Act may be cited as the Penal Code (Amendment) Act, 20 I 0, and shall be read as one with the Penal Code, in this Act referred to as the principal Act Short title Cap. 87
2
The principal Act is amended by the repeal of section one
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This section amends the principal Act by repealing section 133 and replacing it with new text.

2. The principal Act is amended by the repeal of section one hundred and thirty-three and the substitution therefor of the following:
133
Any person who commits the offence of rape
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A person who commits rape is subject to a prison sentence of at least 15 years, and may also face life imprisonment if convicted.

133. Any person who commits the offence of rape is liable, upon conviction, to imprisonment for a period of not less than fifteen years and may be liable to impri�onment for life.
3
Section one hundred and thirty-seven A of the principal
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This section amends section 137A of the principal Act by deleting subsection (2) and renumbering subsection (3) as subsection (2).

3. Section one hundred and thirty-seven A of the principal Act is amended - (a) by the deletion of subsection (2); and (b) by the renumbering of subsection (3) as subsection(2).
4
Section one hundred and thirty-eight of the principal
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A person charged under this section may defend the charge by showing a reasonable and actual belief that the child was at least 16.

4. Section one hundred and thirty-eight of the principal Repeal and replacement of section 133 Punishment of rape Amendment of section 137 A Amendment of section 138 ·• · et is amended in subsection (!)-- (a) by the deletion of the full stop at the end of that subsection and the substitution therefor of a semicolon; and (b) by the insertion immediately after subsection (!) of the following new proviso: Provided that it shall be a defence for a person charged with an offence under this section to show that the person had reasonable cause to believe, and did in fact believe, that the child against whom the offence was committed was of, or above, the age of sixteen. Single copies of this Act may be obtained from the Government Printer, P. 0. Box 30/ 36, 10101 Lusaka, Price K 000 each. 32 No. 2 of 2011] Penal Code (Amendment) Repeal of section 143 Amendment of section 159
5
The principal Act is amended by the repeal of section
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This section amends the principal Act by repealing section 143.

5. The principal Act is amended by the repeal of section one hundred and forty-three.
6
Section one hundred and fifty-nine of the principal Act
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This section amends section 159 of the principal Act by changing the marginal note, deleting subsection (2), and renumbering later subsections.

6. Section one hundred and fifty-nine of the principal Act is amended - (a) in the marginal note, by the insertion of the words "by males" after the word "incest"; (b) by the deletion of subsection (2); and (c) by the renumbering of !jllbsections (3) and (4) as subsections (2) and (3), respectively. Amendment of section 161
7
Section one hundred and sixty-one of the principal Act
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This provision amends section 161 of the principal Act by changing the marginal note to “Incest by females” and deleting specified text, including subsection (2).

7. Section one hundred and sixty-one of the principal Act is amended- (a) by the deletion of the marginal note and the substitution therefor of the marginal note "Incest by females"; (b) in subsection (l}- (i) by the deletion of the figure"(!)"; (ii) by the deletion of the semi-colon at the end of that subsection and the substitution therefor of a full stop; and (iii) by the deletion of the proviso; and (c) by the deletion of subsection (2).
8
Section one hundred and seventy-seven A of the principal
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This section amends section 177A of the principal Act by changing wording in subsection (2) and deleting subsection (3).

8. Section one hundred and seventy-seven A of the principal Act is amended - (a) in subsection (2)- Amendment of section I 77 A (i) in paragraph (a), by the insertion of the words "or gives" after the word "sells"; and (ii) in paragraph (b), by the insertion ofa comma and the words "invites or allows" after the . word "compels"; and • (b) by the deletion of subsection (3).

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Penal Code (Amendment) Act, 2010

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