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shall, if awarded, be inflicted in accordance with the provisions of the Corporal Punishment Act *(9). 29. Fines Where a fine is imposed under any law, in the absence of express provisions relating to the fine in that law the following provisions shall apply– (a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited but shall not be excessive; (b) in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court; (c) in the case of an offence punishable with imprisonment as well as a fine in which the Offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with a fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion– (i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and (ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant: Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so; (d) the term of imprisonment ordered by a court in respect of money adjudged to be paid upon conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale:– Not exceeding Shs. 50/- 14 days Exceeding Shs. 50/- but not exceeding Shs. 200 2 months Exceeding Shs. 200/- but not exceeding Shs. 2,000 / 6 months Exceeding Shs. 2,000/- but not exceeding 10,000/- 12 months
Exceeding shs. 10,000/- 24 months (e) the imprisonment which is imposed in default of payment of a fine shall terminate when the fine is either paid or levied by process of law. 30. Forfeiture When a person is convicted of an offence under section 111 or 112, the court may, in addition to or in lieu of, any penalty which may be imposed, order the forfeiture to the Republic of any property which has passed in connection with the commission of the offence, or if the property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property and payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine. 31. Compensation In accordance with the provisions of section 348 of the Criminal Procedure Act *(10), any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence and the compensation may be either in addition to or in substitution for any other punishment. 32. Costs Subject to the limitations imposed by section 345 of the Criminal Procedure Act *(11), a court may order any person convicted of an offence to pay the costs of and incidental to the whole or part of the prosecution. 33. Security for keeping the peace A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognisance, with or without sureties, in such amount as the court thinks fit, requiring him to keep the peace and be of good behaviour for a time to be fixed by the court, and may be ordered to be imprisoned until such recognisance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognisance shall not extend for a term longer than one year, and 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. 34. Repealed [Repealed by Ord No. 5 of 1961 s. 2.] 35. General punishment for offences where penalty not prescribed When in this Code no punishment is expressly provided for any offence, it shall be
Page 1 and 2: Section 1. Short title. 2. [Disappl
Page 3 and 4: 49. Definition of overt act. 50.-54
Page 5 and 6: Division III - Offences Injurious t
Page 7 and 8: 187.-194. [Repealed.] 194A. Hoardin
Page 9 and 10: 254. Buying or disposing of any per
Page 11 and 12: 318. Fraudulent accounting by publi
Page 13 and 14: Division VIII. - Attempts, Conspira
Page 15 and 16: 15 of 1981 1. Short title PART I GE
Page 17 and 18: (i) any public office of the Presid
Page 19 and 20: TERRITORIAL APPLICATION OF THIS COD
Page 21 and 22: paragraph (b) of that subsection th
Page 23 and 24: to an innocent person or property,
Page 25: 26. Sentence of death (1) When a pe
Page 29 and 30: he will be liable to be sentenced f
Page 31 and 32: Republic, and manifests such intent
Page 33 and 34: any member of the Police Force, Pri
Page 35 and 36: any of the acts referred to in subp
Page 37 and 38: 65. Foreign enlistment Any person c
Page 39 and 40: 76. Punishment for riot Any person
Page 41 and 42: is likely to cause a breach of the
Page 43 and 44: conduct of any person in relation t
Page 45 and 46: (a) whether or not the testimony is
Page 47 and 48: (a) publicly offers a reward for th
Page 49 and 50: RESCUES, ESCAPES AND OBSTRUCTING OF
Page 51 and 52: or any other law for the disobedien
Page 53 and 54: commits rape on the girl or woman;
Page 55 and 56: against the will of the parent or o
Page 57 and 58: child for sexual intercourse or any
Page 59 and 60: of age with a view to prohibited se
Page 61 and 62: Provided that it shall be a suffici
Page 63 and 64: Any person who keeps a house, room,
Page 65 and 66: over the woman and, if the offender
Page 67 and 68: its mother or claimed to be its fat
Page 69 and 70: 173A. Repealed [Repealed by R.L. Ca
Page 71 and 72: shall be deemed to be an idle and d
Page 73 and 74: (4) Where a person is convicted of
Page 75 and 76: other person satisfies the court th
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more of the following circumstances
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or perform a duty, the period is re
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is guilty of an offence and liable
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that person; (c) shoots or throws a
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danger from any machinery of which
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consent of that person or of some p
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have escaped from confinement. (5)
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When a person receives, either alon
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(c) property which has been receive
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(1) Any person who, whether or not
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(2) If the offender is armed with a
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294. Housebreaking and burglary (1)
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301. Definition of false pretence A
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RECEIVING PROPERTY STOLEN OR UNLAWF
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property or converts it to any use
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which would render it incapable of
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323. Casting away vessels Any perso
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(e) any service relating to the sup
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(d) wilfully molests, hinders or ob
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document. CHAPTER XXXVII PUNISHMENT
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343. Uttering cancelled or exhauste
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353. Definitions In this Chapter- C
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offence. 361. Repeated uttering Any
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possession, shall be forfeited to t
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372. Lending, etc., certificate for
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say- (a) to prevent or defeat the e
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1 (Popup - Popup) Endnotes Chapter
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had not come into force at the cut-
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