Section 377
Unnatural offences [S 61/_7017]
of Penal Code
(1)
Whoever voluntarily has sexual intercourse against the order of nature with any man. woman or animal shall be punished with imprisonment for a term not exceeding 30 years and whipping.
Explanation - Penetration is sufficient to constitute the sexual intercourse necessary to the offence described in this section.
(2)
Whoever commits an offence under subsection (1) against a person under the age of 14 years, shall be punished with imprisonment for a term of not less than 15 years and not more than 30 years and whipping with not less than 12 strokes, and in the case of a second or subsequent conviction, imprisonment for a term of not less than 20 years and not more than 50 years and whipping with not less than 20 strokes.
(3)
In any case in which section 258 of the Criminal Procedure
Code (Chapter 7) applies, the Court shall sentence the offender, instead of whipping, to imprisonment for a term which may extend to 12 months, in addition to the punishment to which he has been sentenced under this section.
Incest 377A.
(1)
Whoever -
(a)
being a male, has sexual intercourse with a female who to his knowledge is his mother, grandmother, granddaughter, daughter, sister or half-sister; or
•
(b)
being a female has sexual intercourse with a male who to her knowledge is her father, grandfather, grandson, son, brother or half-brother.
is said to commit "incest" and shall be punished with imprisonment for a term not exceeding 10 years and fine.
a
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Explunution - It is immaterial whether the relationship between the persons charged is or is not traced through lawful wedlock.
(2)
This section &oes-not apply to Malays and other r a w indigenous to Brunei Darussalam who by their own law or custom are punishable for having sexual intercourse within prohibited degrees of relationship.
Engaging in sexual activity in presence of person under 16 377B.
Whoever (A) -
(a)
intentionally engages in an activity;
(b)
the activity is sexual; and
(c)
for the purpose of obtaining sexual gratification, he engages it -
(i)
in the presence of a person under the age of 16 years
(B)
or is in a place from which A can be observed; and
(ii)
knowing or believing that B is aware or intending that
B should be aware that he is engaging in it, shall be punished with imprisonment for a term not exceeding 5 years, fine or both.
Causing person under 16 to watch sexual act 377C.
Whoever (A) for the purpose of obtaining sexual gratification -
(a)
intentionally causes a person under the age of 16 years (B)
to watch a third person engaging in an activity or to look at an image of any person engaging in an activity; and
(b)
the activity is sexual, shall be punished with imprisonment for a term not exceeding 5 years, fine or both.
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Commercial sex with person under 18 377D.
(1)
Whoever obtains for consideration the sexual services of a person who is under the age of 18 years shall be punished with imprisonment for a term w-hich shall not be less than 2 years and not more than 7 years and whipping.
(2)
Any person who communicates with another person for the purpose of obtaining for consideration the sexual services of a person who is under the age of 18 years shall be punished with imprisonment for a term not exceeding 3 years, fine or both.
Commercial sex with person under 18 outside Brunei Darussalam 3773.
Whoever, being a citizen of Brunei Darussalam or a permanent resident, does, outside Brunei Darussalam, any act that would, if done in
Brunei Darussalam, constitute an offence under section 377D, shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 377D.
Tour outside Brunei Darussalam for commercial sex with person under 18 377F.
(I)
Whoever -
(a)
makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 377D, whether or not such an offence is actually committed by that other person;
(b)
transports any other person to a place outside Brunei
Darussalam with the intention of facilitating the commission by that other person of an offence under section 377D. whether or not such an offence is actually committed by that other person; or
(c)
prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 377D, or to assist any other person to engage in such conduct, shall be punished with imprisonment for a term not exceeding 10 years, fine or both.
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(2)
For the purposes of subsection (l)(c), "publishes of information'' means the publication of information by any means. whether by written, electronic or other form of communication.
-
- -
Sexual grooming of person under 16 3776
(1)
Whoever is of or above the age of 21 years (A) if having met or communicated with another person (B) on two or more previous occasions -
(a)
A intentionally meets B or travels with the intention of meeting B; and
(b)
at the time of the acts referred to in paragraph (a) -
(i)
A intends to do anything to or in respect of B. during or after the meeting, which if done will involve the commission by A of a relevant offence;
(ii)
B is under the age of 16 years: and
(iii)
A does not reasonably believe that B is of or above the age of 16 years, shall be punished with imprisonment for a term not exceeding 3 years, fine or both.
(2)
In subsection (1)' "relevant offence" means an offence under -
(a)
section 354,354A, 354B, 375,377,377B, 377C or 377D;
(b)
section 2 of the Unlawful Carnal Knowledge Act
(Chapter 29); or
(c)
section 3(1) of the Women and Girls Protection Act
(Chapter 120).
(3)
For the purposes of this section, it is immaterial whether the two or more previous occasions of A having met or communicated with B referred to in subsection (I) took place in or outside Brunei Darussalam.
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Voyeurism 377H. (1) Whoever-
(a)
for the purpose of obtaining sexual gratification, observes another person doing a private act; and
(3)
he knows that the person does not consent to being observed for his sexual gratification, shall be punished with imprisonment for a term not exceeding 3 years, fine or both.
(2)
Whoever-
(a)
for the purpose of obtaining sexual gratification, operates equipment with the intention of enabling another person to observe, a third person (B) doing a private act; and
(b)
he knows that B does not consent to his operating equipment with that intention, shall be punished with imprisonment for a term not exceeding 3 years, fine or both.
(3)
Whoever -
(a)
for the purpose of obtaining sexual gratification, records another person (B) doing a private act and with the intention that he or a third person will, look at an image of B doing the act: and
(b)
he knows that B does not consent to his recording the act with that intention, shall be punished with imprisonment for a term not exceeding 3 years. fine or both.
(4)
Whoever installs equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (I), shall be punished with imprisonment for a term not exceeding 3 years, fine or both.
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Printing, publication etc. of voyeuristic recording 3771.
Any person. knowing that a recording was obtained by the commission of an offence
- -- under section 377Hp--
--
(a)
prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording; or
(b)
has the recording in his possession for the purposes of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available, shall be punished with imprisonment for a term not exceeding 5 years, fine or both.
Voyeurism: interpretation 3775.
(1)
For the purposes of section 377H, a person is doing a private act if the person is in a place which, in the circumstances. would reasonably be expected to provide privacy, and -
(a)
the person's genitals, buttocks or breast are exposed or covered only with underwear;
(b)
the person is using a lavatory; or
(c)
the person is doing a sexual act that is not of a kind ordinarily done in public.
(2)
In section 377H, "structure" includes a tent, vehicle or vessel or other temporary or movable structure.
Mistake as to age 377K. (1) Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 377B, 377C, 377D or 377E.
(2)
In the case of a person who at the time of the alleged offence was under the age of 21 years, the presence of a reasonable mistaken belief a that the person, who is of the opposite sex, was of or above the age of 18 years, shall be a valid defence to a charge of an offence under section 377D or 377E.
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(3)
For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 377D or 377E or under section 3(1) of the Women and
Girls Protection Act (Chapter 120).
(4)
It is not a defence to a charge under section 377B, 377C, 377D,
377E or 3776 or under section 2 of the Unlawful Carnal Knowledge Act
(Chapter 29) that the accused had reasonable cause to believe that the person was of or above the age of 16 years or 18 years, as the case may be, unless the accused took all reasonable steps to ascertain the age of that person.