Section 5
R.O. S'ZOZI
of Penal Code
152 CAP. 22
Penal Code
Assault or criminal force with intent to dishonour person, otherwise than on grave provocation 355.
Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term not exceeding 5 years and whipping.
Assault or criminal force in attempt to commit theft of property carried by person 356.
Whoever assaults or uses criminal force to any person, in attempting to commit theft of any property which that person is then wearing or carrying, shall be punished with imprisonment for a term not exceeding 5 years and whipping.
Assault or criminal force in attempt wrongfully to confine person 357.
Whoever assaults or uses criminal force to any person in attempting wrongfully to confine that person shall be punished with imprisonment for a term not exceeding 3 years and whipping.
Assault or criminal force on grave provocation 358.
Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person shall be punished with imprisonment for a term not exceeding 6 months and fine not exceeding
$2,000.
Kidnapping, abduction, sluvery and. forced labour
Kidnapping 359.
Kidnapping is of two kinds -
(a)
kidnapping from Brunei Darussalam; and
(b)
kidnapping from lawful guardianship.
Kidnapping from Brunei Darussalam 360.
Whoever conveys any person beyond the limits of Brunei
Darussalam, without the consent of that person, or of some person legally
Penal Code
CAP.22 153
authorised to consent on behalf of that person, is said to kidnap that person from Brunei Darussalam.
Kidnapping frum iawfni guardianship 361.
Whoever takes or entices -
(a)
any minor under the age of 14 years if a male, or under the age of 16 years if a female; or
(b)
any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to "kidnap" such minor or person from lawful guardianship.
Explanation - In this section, "lawful guardian" include any person lawfully entrusted with the care or custody of such minor or other person.
Exception -
This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child. or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
Abduction 362.
Whoever by force complies, or by any deceitful means induces, any person to go from any place, is said to "abduct" that person.
Punishment for kidnapping 363.
Whoever kidnaps any person from Brunei Darussalam or from lawful guardianship shall be punished with imprisonment for a term not exceeding 10 years and fine.
Kidnapping or abducting in order to murder 364.
Whoever kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, shall be punished with death.
Illustrations
(a)
A kidnaps Z from Brunei Darussalam intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
B. L. R.O. 5!2021
154 CAP. 22
Penal Code
(b)
A forcibly carries or entices B away fiom his home in order that B may be murdered.
A has committed the offence defined in this section.
Kidnapping or abducting with intent to secretly and wrongfully confine person 365.
Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined shall be punished with imprisonment for a term not exceeding 30 years and whipping with not less than 12 strokes.
Kidnapping or abducting woman to compel her marriage etc.