CRIMINAL OFFENCES ACT, 1960 (ACT 29) – PART FIVE

Sellassie Sokpe

6th June 2022

PART FIVE – Consequential

318. Repeals

(1) Each of the following enactments shall cease to apply in Ghana:

United Kingdom Statutes

28 Hen. 8, c. 15 …………………………………………………… (Piracy, 1536).

23 Chas. 2, c. 11 …………………………………………………… (Piracy, 1670).

11 Will. 3, c. 7 …………………………………………………….. (Piracy, 1698).

4 Geo. 1, c. 11 …………………………………………………….. (Piracy, 1717).

8 Geo. 1, c. 24 …………………………………………………….. (Piracy, 1721).

18 Geo. 2, c. 30 …………………………………………………… (Piracy, 1744).

7 Will. 4 & 1 Vic., c. 88 ………………………………………… (Piracy, 1837).

1 & 2 Geo. 5, c. 28 ……………………………………………….. (Official Secrets Act, 1911).

10 & 11 Geo. 5, c. 75 ……………………………………………. (Official Secrets Act, 1920).

(2) Each of the following enactments is hereby repealed:

Statutes of Ghana

Cap. 9: The Criminal Code.

Cap. 39: The Peace Preservation Ordinance.

Cap. 42: Section 11 of the Unlicensed Guides (Prohibition) Ordinance.

Cap. 62: The Official Secrets (Northern Region) Ordinance.

Cap. 74: Sections 6 and 7 of the Undesirable Advertisements Ordinance.

Cap. 107: Reaffirmation of the Abolition of Slavery Ordinance.

Cap. 108

Cap. 109:

No. 33 of 1956

No. 23 (Ord.) of 1957

No. 37 of 1959

No. 64 of 1959

No. 73 of 1959

No. 78 of 1959

Act 5: Slaves’ Emancipation Ordinance. , Slave Dealing Ordinance.

The Criminal Code (Amendment) Ordinance, 1956.

The Criminal Code (Amendment) Ordinance, 1957.

The Criminal Code (Amendment) Act, 1959.

The Sedition Act, 1959.

The Treason Act, 1959.

Section 47 of the National Assembly Act, 1959.

The Criminal Code (Amendment) Act, 1960.

(3) An instrument made under an enactment hereby repealed shall continue in force notwithstanding the repeal and shall be deemed to have been made under the corresponding provision of this Act.

(4) Despite any other enactment, a person shall not, after the commencement of this Act, be charged with a criminal offence under an enactment hereby repealed or declared as not being in force in the Republic, but a person who has been so charged before the commencement of this Act, may be proceeded against as though the enactment had not been repealed or declared as not being in force.

319. Commencement and operation

(1) This Act shall come into force on the first day of February, 1961.

(2) Subject to clause (5) of article 19 of the Constitution, this Act applies to acts committed before its commencement in like manner as they apply to acts committed after its commencement.

(3) It is a defence for a person charged with a criminal offence under this Act in respect of an act committed before its commencement to show that at the time when the act was committed it did not constitute a criminal offence.

Endnotes

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1. This Chapter was repealed by section 1 of the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602). The application of its provisions generated so much heat and controversy that the provisions are retained in italics for historical purposes.

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2. Sections 182A, 183, 183A and 185 were repealed by the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 211 (Act 602). See remarks in Note 1.

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3. The Act was assented to on 12th July, 1964.

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4. By the Third Schedule to the Courts Act, 1972 (Act 372).

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5. By the Third Schedule to the Courts Act, 1972 (Act 372).

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6. Substituted by section 1 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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7. Substituted by section 2 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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8. Amended by section 3 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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9. Amended by section 3 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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10. Inserted by section 1 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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11. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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12. Amended by section 4 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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13. Amended by section 4 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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14. The words “legitimate or illegitimate” have been omitted as offending clause (1) or article 17 and the spirit of article 28 of the Constitution.

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15. By section 320 (2) of the Merchant Shipping Act, 1963 (Act 183).

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16. The exception to the paragraph has been omitted as being unconstitutional. The exception reads: “that the consent given by a husband or wife at marriage for the purposes of marriage, cannot be revoked until the parties are divorced or separated by a judgment or decree of a competent Court.”

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17. Inserted by section 1 of the Criminal Code (Amendment) Act, 1993 (Act 458).

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18. This subsection was intended to be an insertion after section 58. Probably it was intended to be a substitution for subsection (1) in section 58 (see section 2 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398)).

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19. Substituted by the Criminal Code (Amendment) Law, 1985 (P.N.D.C.L. 102).

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20. By the Criminal Code (Amendment) Law, 1985 (P.N.D.C.L. 102).

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21. Inserted by the Criminal Code (Amendment) Act, 1994 (Act 484) and substituted by the Criminal Code (Amendment) Act, 2007 (Act 741).

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22. Substituted by section 5 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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23. Amended by the Criminal Code (Amendment) Act, 1998 (Act 554).

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24. The words “whether legitimate” have been omitted as the Constitution does not admit that distinction.

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25. Inserted by the Criminal Code (Amendment) Law, 1984 (P.N.D.C.L. 90).

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26. Substituted by section 7 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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27. Amended by section 8 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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28. Amended by section 8 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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29. Amended in part by the Criminal Code (Amendment) Act, 1993 (Act 458) and substituted by section 11 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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30. This Chapter was repealed by section 1 of the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602).

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31. Amended by section 4 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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32. This section was issued as section 1 of the Criminal Code (Amendment) Decree, 1972 (N.R.C.D. 50).

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33. Amended by section 5 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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34. Amended by section 5 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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35. Amended by section 5 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398) and by sections 1 and 2 of the Criminal Code (Amendment) (No. 2) Decree, 1972 (N.R.C.D. 53).

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36. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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37. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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38. By section 34 of the Weights and Measures Decree, 1975 (N.R.C.D. 326).

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39. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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40. Amended by section 5 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398) and by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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41. Amended by section 6 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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42. Amended by section 7 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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43. Amended by section 7 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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44. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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45. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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46. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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47. This Chapter comprising sections 179A, 179B, 179C and 179D was inserted by section 3 of the Criminal Code (Amendment) Act, 1993 (Act 458).

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48. Substituted by the Second Schedule (Paragraph 19) of the Constitution (Consequential and Transitional Provisions) Decree, 1969 (N.L.C.D. 406).

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49. Amended by section 8 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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50. Sections 182A, 183, 183A and 185 were repealed by the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602). See remarks in Note 1: Section 182A had been inserted by section 9 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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51. Inserted by section 9 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398). Section 182B amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554) and repealed by section 1 of the Criminal Code (Repeal of Criminal Libel and Seditious Laws) Act, 2001 (Act 602).

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52. Inserted by section 10 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398), amended by the Schedule to the Criminal Code (Amendment) Act, 1988 (Act 554) and repealed by section 1 of the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2000 (Act 602).

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53. Inserted by section 4 of the Criminal Code (Amendment) Act, 1993 (Act 458).

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54. Repealed by section 1 of the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602).

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55. Amended by section 11 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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56. Amended by section 5 of the Criminal Code (Amendment) Act, 1993 (Act 458).

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57. Amended by section 12 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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58. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 534).

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59. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 534).

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60. Omitted as covered by clause (3) of article 88 of the Constitution. The subsection reads: “A prosecution for an offence under this section shall not be instituted except by the Attorney General or with his consent”.

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61. By section 53 of the Prisons Service Decree, 1972 (N.R.C.D. 46).

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62. By section 53 of the Prisons Service Decree, 1972 (N.R.C.D. 46).

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63. By section 53 of the Prisons Service Decree, 1972 (N.R.C.D. 46).

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64. By section 53 of the Prisons Service Decree, 1972 (N.R.C.D. 46).

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65. By section 53 of the Prisons Service Decree, 1972 (N.R.C.D. 46).

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66. Inserted by section 15 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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67. Amended by section 12 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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68. See also section 151.

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69. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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70. Substituted by section 16 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398) and further amended by section 13 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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71. Substituted by section 16 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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72. Substituted by section 16 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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73. Substituted by section 16 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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74. Amended by section 14 of the Criminal Code (Amendment) Act, 1998 (Act 554). The subsection provided that a person shall not be tried without the consent of a Superior Police Officer. In view, however, of clause (4) of article 88 of the Constitution, the word “arrested” has been substituted for the word “tried”.

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75. Substituted by section 16 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

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76. Inserted by the Criminal Code (Amendment) Law, 1984 (P.N.D.C.L. 90).

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77. Amended by section 15 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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78. Amended by section 17 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398) and further amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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79. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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80. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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81. Amended by section 18 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

82 (Popup – Footnote)

82. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

83 (Popup – Footnote)

83. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

84 (Popup – Footnote)

84. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

85 (Popup – Footnote)

85. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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86. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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87. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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88. By section 97 of the Posts and Telecommunications Corporation Decree, 1975 (N.R.C.D. 311).

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89. Amended by section 19 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 298).

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90. Amended by section 51 of the [Ghana] Highway Authority Decree, 1974 (N.L.C.D. 298).

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91. Amended by section 51 of the [Ghana] Highway Authority Decree, 1974 (N.L.C.D. 298).

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92. Amended by section 16 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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93. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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94. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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95. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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96. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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97. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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98. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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99. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

100 (Popup – Footnote)

100. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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101. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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102. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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103. Inserted by the Criminal Code (Amendment) Decree, 1973 (N.R.C.D. 160).

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104. Inserted by section 17 of the Criminal Code (Amendment) Act, 1998 (Act 554).

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105. Amended by the Schedule to the Criminal Code (Amendment) Act, 1998 (Act 554).

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106. P.N.D.C.L. 339

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107. Amended by section 20 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398) and further amended by the Criminal Code (Amendment) Act, 1971 (Act 364).

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108. Inserted by section of 3 of the Criminal Code (Amendment) (No. 2) Decree, 1972 (N.R.C.D. 53).