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

6th June 2022

PART FOUR – Offences against Public Order, Health and Morality

CHAPTER ONE – Offences against the Safety of the State

180. Treason

(1) A person who commits high treason is liable to suffer death.

(2) For the purposes of subsection (1), high treason has the meaning assigned to it by clause (3) of article 3 of the Constitution.

(3) A person who is not a citizen is not punishable under this section for anything done outside Ghana, but a citizen may be tried and punished for high treason under this section wherever committed.48(48)

181. Misprision of treason: A person who knows of the commission of high treason, or of a treason within the meaning of clause (17) of article 19 of the Constitution, and does not forthwith reveal it to the President, or to a police officer not below the rank of Inspector, commits a misprision of treason and is punishable as for a first degree felony.49(49)

182. Treason felony: A person commits a treason felony and is punishable as for a first degree felony who

(a) prepares or endeavours to procure by unlawful means an alteration of the law or of the policies of the Government, or

(b) prepares or endeavours to carry out by unlawful means an enterprise which usurps the executive powers of the Republic in a matter of both a public and a general nature.

182A. Prohibition of certain organisations50(50)

(1) The President if satisfied with respect to an organisation

(a) that its object or activities are contrary to the public good; or

(b) that there is danger of the organisation being used for purposes prejudicial to the public good, may, by executive instrument, declare that organisation to be a prohibited organisation.

(2) Where an organisation is declared under subsection (1) to be a prohibited organisation, a person shall not summon a meeting of members or managers of that organisation;

(b) attend or cause a person to attend a meeting in the capacity of a member or manager of that organisation;

(d) invite persons to support that organisation;

(e) make a contribution or loan to funds held or to be held by or for the benefit of that

organisation or accept contribution or loan; or

(f) give a guarantee in respect of those funds.

(3) A person who contravenes a provision of subsection (2) commits a criminal offence and is liable on conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding one year or to both the fine and the imprisonment.

(4) On an application made by the Attorney-General, the High Court may, with respect to an organisation declared under subsection (1) to be a prohibited organisation, make a just and equitable order for the winding up and dissolution of the organisation or the disposition of any of its property or assets.

(5) For the purposes of this section “manager” means, in relation to an organisation, an officer of the organisation, and a person taking part in the management or control of the organisation or holding or purporting to hold a position of management or control.51(51)

183. Prohibition and importation or publication of newspaper, sedition

(1) Wherever the President is of opinion that the importation of a newspaper, book or document, or a of a newspaper, book or document would be contrary to the public interest the President may, by executive instrument, prohibit the importation of that newspaper, book or document, and in the case of a newspaper, book, or document which is published periodically, may by the same of subsequent instrument prohibit the importation of a past or future issue of the newspaper, book or document.

(2) Wherever the President is of opinion

(a) that there is in any newspaper, book or document which is published periodically a

systematic publication of matter calculated to prejudice public order or safety, or the

maintenance of the public services or economy of the Republic, or

(b) that a person is likely to publish individual documents containing that matter,

the President may make an executive instrument requiring that a future issue of the newspaper, book, or document shall not be published, or, that a document shall not be published by, or by arrangement with, that person, unless the matter contained in the answer or the document has been passed for publication in accordance with the instrument.

(3) A person who conspires with any other person to carry into execution a seditious enterprise, or prints or publishes seditious words or writing or utters any seditious words, or sells, offers for sale, distributes, reproduces or imports a newspaper, book or document or a part of, or extract from the newspaper, book or document containing seditious words or writing, commits a second degree felony.

(4) A person convicted of a criminal offence under subsection (3) shall be sentenced to imprisonment for at least five years unless the Court finds that the offence was trivial or that there are special circumstances relating to the offence or the order which would render its application unjust.

(5) A person commits a misdemeanour who

(a) sells, offers for sale, distributes, reproduces or imports a newspaper, book or document or a part of or an extract from a newspaper, book or document, which is subject to an instrument under subsection (1) or which, being subject to an instrument under subsection (2) contains matter which has not been passed for publication in accordance with the instrument; or

(b) being found in possession of a newspaper, book, or document or a part of, or extract from a newspaper, book or document containing seditious words or writing, does not prove to the satisfaction of the Court at the time that that person was found in possession that person did not know the nature of its contents; or

(c) being found in possession of a newspaper, book, or document or a part of, or an extract from a newspaper, book or document which has been declared by the President by order to be prohibited to be imported, does not prove to the satisfaction of the Court that it came into that person’s possession without knowledge or privy.

(6) A person

(a) who obtains, receives, or otherwise acquires or has in possession a newspaper, book, or document or a part of, or an extract from a newspaper, book or document which contains seditious words or writing, or

(b) to whom a newspaper, book, or document or a part of, or an extract from a newspaper, book or document which has been prohibited to be imported by order of the President is sent with out the knowledge or privity of that person or in response to a request made before the prohibition on the importation of the newspaper, book, or document or part of, or extract from the newspaper, book, or document came into effect or who has a newspaper, book, or document or part of an extract from the newspaper, book, or document in possession, power,or control at the time when the prohibition of its importation comes into effect, shall forthwith if, or as soon as, the nature of its contents have become known to the person or in the case of a newspaper, book or document, or part of or extract from it coming into possession before a prohibition order has been made, forthwith on the coming into effect of the prohibition order deliver the newspaper, book, or document or a part of an extract from it to the officer in charge of the nearest police station or to the nearest administrative officer, in default of which that person commits a misdemeanour.

(7) A person who has complied with subsection (6) shall not be convicted of an offence under paragraph (b) or (c) of subsection (5).

(8) A prosecution for a criminal offence defined in subsection (3), (5) and (6) shall be commenced within six months after the offence is committed.

(9) A person shall not be convicted of a criminal offence defined in subsections (3), (5) and (6) on the uncorroborated testimony of one witness.

(10) Any of the following officers, that is to say,

(a) an officer of the Posts and Telecommunications Department not below the rank of Assistant Controller of Posts,

(b) an officer of the Customs and Excise Department not below the rank of Collector,

probation) Police Cadet,

(d) any other official authorised in that behalf by the Minister, may detain, open, and examine a package or an article which is suspected of containing a newspaper, book, or document or a part of or an extract from it which it is an offence under this section to print, publish, import, sell, offer for sale, distribute, or possess, and during the examination may detain a person importing, distributing, or posting the package or article or in whose possession the package or article is found.

(11) Where a newspaper, book, or document or a part of or an extract from it is found in the package or article, the whole package or article may be impounded and retained by the officer, and the person importing, distributing, or posting it or in whose possession it is found may forthwith be arrested, and, with the consent of the Attorney-General, proceeded against for the commission of an offence under this section.

(12) For the purposes of this section an intention is seditious if it is an intention

(a) to advocate the desirability of overthrowing the Government by unlawful means; or

(b) to bring the Government into hatred or contempt or to excite disaffection against it; or

(c) to excite the people of Ghana to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Ghana as by law established; or

(d) to bring into hatred or contempt or to excite disaffection against the administration of justice in Ghana; or

(e) to raise discontent or disaffection among the people of Ghana; or

(f) to promote feelings of ill-will or hostility between different classes of the population of

Ghana; or

(g) falsely to accuse a public officer of misconduct in the exercise of official duties, knowing the accusation to be false or reckless whether it be true or false.

(13) An intention, which is not an intention manifested in a manner that effects or is likely to effect a purpose mentioned in paragraph (a) of subsection (12) is not seditious if it is an intention

(a) to show that the Government has been misled or mistaken in any of the their measures; or

(b) to point out errors or defects in the Government or the Constitution as by law established or in legislation or in the administration of justice, with a view to the reformation of those errors of defects; or

(c) to persuade the people of Ghana to attempt to procure by lawful means the alteration of a matter in Ghana as by law established; or

(d) to point out, with a view to their removal, the matters which are producing or have a

tendency to produce feelings of ill-will or hostility between different classes of the population of Ghana.

(14) In determining whether the intention with which an act was done, words were spoken, or a document was published was or was not seditious, a person shall be deemed to intend the consequences which would naturally follow from the conduct of that person at the time and under the circumstances of the personal conduct of that person.

(15) Proceedings shall not be instituted under this section without the written consent of the Attorney-General.

183A. Limitation on institution of proceedings

A person who with intent to bring the President into hatred, ridicule or contempt publishes a defamatory or insulting matter whether by writing, print, word of mouth or in any other manner concerning the President commits a criminal offence and is liable on summary conviction to a fine not exceeding seven hundred and fifty penalty units or to a term of imprisonment not exceeding three years or to both the fine and the imprisonment.52(52)

183B. Unqualified persons or voting in Parliament

A person who sits other than in the public gallery or votes in Parliament knowing or having reasonable grounds for knowing that that person is not entitled to do so commits a criminal offence and is liable on conviction to a fine not exceeding ten penalty units or to a term of imprisonment not exceeding thirty days or to both the fine and the imprisonment.53(53)

184. Insulting the national flag or emblem

A person who does an act or utters words or publishes a writing with intent to insult or bring into contempt or ridicule the official national flag or emblem of Ghana or a representation or pictorial reproduction of the flag or emblem commits a misdemeanour.

185. False reports injuring the reputation of the State

(1) A person who communicates to any other person, whether by word of mouth or in writing or by any other means, a false statement or report which is likely to injure the credit or reputation of Ghana or the Government and which that person knows or has reason to believe is false, commits a second degree felony.

(2) Subsection (1) does not apply to a statement which is absolutely privileged under section 117.

(3) It is not a defence to a charge under this section that the person charged did not know or did not have reason to believe that the statement or report was false unless it is proved that, before the communication of statement or report; reasonable measures were taken to verify the accuracy of the statement or report.

(4) A citizen may be tried and punished for an offence under this section whether committed in or outside Ghana.54(54)

186. Aiding or permitting escape of prisoner of war

(1) A person who intentionally and unlawfully aids or permits the escape of a prisoner of war commits a second degree felony.

(2) A person who negligently and unlawfully permits the escape of a prisoner of war commits a misdemeanour.

(3) For the purposes of this section, “escape” includes the departure by a prisoner on parole beyond the limits within which the prisoner is allowed to be at large.

187. Abetment of mutiny or desertion or assault

(1) A person who is not subject to military law, and who abets the commission of a mutiny by a person subject to military law, commits a first degree felony.

(2) A person who is not subject to military law, and who abets the desertion of a person subject to military law, or the commission by that person of an assault on a superior officer where the superior officer is discharging an official duty, commits a misdemeanour.188. Abetment of insubordination by sailor

A person who is not subject to military law, and who abets an act of insubordination by a person subject to military law, commits a misdemeanour.

189. Unlawful training: Where three or more persons meet or are together for the purposes of military training or exercise, without the permission of the President or of an officer or a person authorised by law to give the permission, each of them commits a misdemeanour.

190. Evasion of military service: A person who causes a personal harm or procures any other person to cause harm to that person, for the purpose of evading a liability to perform service or duty with the Armed Forces, commits a misdemeanour.

191. Unlawful oath:

(1) A person who takes or administers or attempts or offers to administer to any other person an unlawful oath commits a misdemeanour.

(2) For the purposes of subsection (1), “unlawful oath” means an oath or engagement

(a) to commit or abet a criminal offence, or

(b) to conceal a design to commit a criminal offence including a criminal offence punishable on indictment, whether under this Act or under any other enactment, or

(d) to conceal the existence, purposes or proceedings of an association of persons associated for a treasonable seditious purpose.

192. Possession of explosives, firearms and ammunition

(1) Despite the provisions of any other enactment, a person who has in possession, custody or control, without lawful excuse, the proof of which lies on that person, an explosive, a firearm or an ammunition commits a first degree felony.

(2) A prosecution under subsection (1) shall not be instituted without the consent in writing of the Attorney-General.

(3) For the purposes of subsection (1), “ammunition” includes ammunition for a firearm, and grenades, bombs and any other similar missiles; “explosive” means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, and every other substance, whether similar to the above-mentioned or not, used or manufactured with a view to producing a practical effect by explosion; “firearm” includes a lethal barrelled weapon from which a shot, bullet or any other missile can be discharged or which can be adapted for the discharge of a shot, bullet or any other missile, and a component part of that weapon.55(55)

CHAPTER TWO

Piracy

193. Piracy

(1) A person commits an act of piracy who, as the owner or master of a ship,

(a) sails the seas in that ship without authorisation from the government of a country with the object of committing depredations on property or acts of violence against persons, or

(b) commits an act of depredation or violence from or by means of the ship.

(2) A person commits an act of piracy who, as a member of the crew or a passenger of a ship,

(a) conspires with any other person to rise against its master and officers or to seize the ship, or

(b) in common with any other person, engages in an act of hostility against her master and officers.

(3) A master or seaman commits an act of piracy if the master or seaman

(a) betrays the trust reposed in any of them, runs away with the ship or goods belonging to the ship or yields them up voluntarily to a person contrary to duty, or

(b) conspires or combines with or attempts to corrupt a master, an officer or a seaman to yield up or run away with a ship or goods, or

(4) A person belonging to a ship commits an act of piracy if that person on meeting a ship at sea or in any port, harbour or haven, forcibly boards or enters the ship and, though that person does not seize or carry off the ship, throws overboard or destroys a part of the goods belonging to that ship.

194. Punishment of piracy

(1) A person who commits an act of piracy commits a first degree felony.

(2) A Person who, with intent to commit or at the time of or immediately before or immediately after committing an act of piracy in respect of a ship, assaults, with intent to murder, a person who is on board, or belonging to, the ship or injures the person or unlawfully does an act by which the life of that person may be endangered, commits a felony and is liable on conviction to suffer death.

195. Hijacking and attack on international communications

(1) A person who hijacks an aircraft commits a first degree felony and is liable on conviction to a term of imprisonment of not less than five years.

(2) A person commits a criminal offence under subsection (1), where that person unlawfully interferes with, damages, destroys, seizes or wrongfully exercises control of an aircraft, other than an aircraft used in military, customs or police services, or does any other unlawful act likely to jeopardise the safety of persons or property in, or the good order and discipline on board the aircraft.

(3) A person who attacks or destroys an international communications system, a canal or submarine cable commits a second degree felony and is liable on conviction to a term of imprisonment of not less than two years.56(56)

CHAPTER THREE

Offences against the Peace

196. Definition of riot

(1) Five or more persons together in a public or private place commit the criminal offence of a riot where they commence or attempt

(a) to execute a common purpose with violence, and without lawful authority to use that

violence for that purpose; or (b) to execute a common purpose of obstructing or resisting the execution of a legal process or authority; or

offence.

(2) A person shall not be convicted of a riot only because that person in common with the others to the number of five or more, suddenly engage in an unlawful fight, unless five or more of them fight with a common purpose against any other person.

197. Definition of violence

For the purposes of this Chapter, “violence” means

(a) a criminal force or harm to a person, or

(b) a criminal damage to property, or of a threat or an offer of that force, harm, or mischief, or

(d) a conduct that is likely to cause, in a person, a reasonable fear of criminal force, harm, or mischief to that person or the property of that person.

198. Riot: A person who takes part in a riot commits a misdemeanour.

199. Rioting with weapons: A person who takes part in a riot, who is armed with an offensive instrument, commits a second degree felony.

200. Provocation of riot: A person who does an act with intent to provoke a riot commits a misdemeanour.

201. Definition of unlawful assembly

(1) For the purposes of this Chapter, there is an unlawful assembly when three or more persons assemble with intent to commit an offence, or having assembled with an intent to carry out a common purpose, conduct themselves in a manner likely to cause persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by the assembly needlessly and without a reasonable occasion provoke other persons to commit a breach of the peace.

(2) It is immaterial that the original assembling was lawful if, having assembled, they conduct themselves with a common purpose in that manner.

202. Unlawful assembly

(1) A person who takes part in an unlawful assembly commits a misdemeanour.

(2) A person who takes part in an unlawful assembly armed with an offensive weapon or missile commits a second degree felony.

202A. Forcible entry

(1) A person who, with violence makes an entry into a building or land, whether or not that person is entitled to the possession of the building or the land, commits a misdemeanour, unless the entry is in pursuance of a warrant or other lawful authority to use that violence.

(2) Section 180 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) (which provides for the discharge of an accused by a District Court where a bona fide question of title to land is raised) shall not apply to a criminal offence under subsection (1).57(57)

203. Fighting with weapons: A person commits a misdemeanour who

(a) does an act with intent to provoke any other person to fight, whether in a public place or not, with a deadly or dangerous instrument, and

(b) agrees or offers to agree so to fight.

204. Disturbance of lawful assembly: A person who unlawfully and with violence obstructs the assembly of any persons who are assembled for a lawful purpose, or disturbs that assembly, or with violence disperses or attempts to disperse that assembly, commits a misdemeanour.

205. Assault on public officer: A person commits a misdemeanour who

(a) assaults, obstructs, molests, or resists, or aids or incites any other person to assault, obstruct, molest, or resist a public or peace officer, or a person employed by a public or peace officer, acting or proceeding to act in the execution of a warrant or legal process; or

(b) uses a threatening, abusive or insulting language, or sends a threatening or insulting message, or letter, to a peace officer in respect of the duties of the officer.

206. Carrying offensive weapons

(1) A person who, without lawful authority the proof of which lies on that person, has in a public place an offensive weapon commits a misdemeanour.

(2) A person who, while present at a public meeting or at a public assembly of people or on the occasion of a public procession, has an offensive weapon or missile, without lawful authority, the proof of which lies on that person, commits a misdemeanour.

(3) For the purposes of this section.

(a) “offensive missile” includes a stone or a brick likely to cause harm if thrown;

(b) “offensive weapon” means an article made or adapted for use for causing injury to the person or intended by the person having it for that use by that person.

207. Offensive conduct conducive to breaches of the peace: A person who in a public place or at a public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or by which a breach of the peace is likely to be occasioned, commits a misdemeanour.

208. Publication of false news

(1) A person who publishes or reproduces a statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace knowing or having reason to believe that the statement, rumour or report is false commits a misdemeanour.

(2) It is not a defence to a charge under subsection (1) that the person charged did not know or did not have reason to believe that the statement, rumour or report was false, unless it is proved that, prior to the publication, that person took reasonable measures to verify the accuracy of the statement, rumour or report.

209. Discharging guns in town:

(1) A person commits a criminal offence and is liable to a fine not exceeding twenty five penalty units who in a town without lawful and necessary occasion

(a) discharges a firearm, or

(b) being the occupier of a house, building, or yard, knowingly permits a fire-arm to be

discharged from that place.58(58)

(2) A person who in a town, without lawful and necessary occasion, throws or sets fire to a firework in a public place or in a house, building or yard, commits a criminal offence and is liable to a fine not exceeding five penalty units.59(59)

CHAPTER FOUR – Offences concerning the Administration of Justice

Perjury and Similar Offences

210. Perjury

(1) A person who commits perjury commits a second degree felony.

(2) A person who commits perjury with intent to cause the conviction of any other person for a criminal offence punishable with death, commits a first degree felony.

211. Definition of perjury

A person commits perjury, if in a written or verbal statement made or verified by that person on oath before a Court, or a public officer, or before the President or before a commission or committee states anything knowing that the statement is false in a material particular, or which that person does not have a reason to believe is true.

212. Special explanation as to perjury: A person may commit perjury by swearing that that person believes a thing which that person does not in fact believe.

213. Fabrication of evidence

A person who fabricates evidence, with intent to defeat, obstruct, or pervert the course of justice in a proceeding, commits a criminal offence and is liable to the same penalties as if that person had committed perjury in that proceeding.

214. Definition of fabrication: A person fabricates evidence if that person causes a circumstance to exist, or makes a false entry in a book, an account, or a record, or makes a document containing a false statement or forges a document, with intent to mislead a public officer, judge or juror acting in a judicial proceeding.

215. Deceit of Court by personation: A person who with intent to defeat, obstruct, or pervert the course of justice, or to defraud or injure a person endeavours to deceive a Court, or a judicial officer by personation, or by a false instrument, document, seal, or signature, commits a misdemeanour.

216. Deceit by paper resembling Court process: A person who knowingly delivers or causes to be delivered to any other person a paper of a character calculated, by reason of the resemblance of that paper to a summons or other process of a Court or tribunal, to deceive commits a misdemeanour.

217. Causing witness to disobey summons: A person who wilfully causes any other person to disobey any summons, process or order lawfully issued or made for the attendance of that other person as a witness in a judicial proceeding, or for the production by that person of a written order or other evidence in a judicial proceeding, commits a misdemeanour.

218. Causing person to refrain from giving evidence: A person who with intent to defeat, obstruct, or pervert the course of justice at the trial of a person for a criminal offence, causes any other person to refrain from giving evidence at the trial, commits a misdemeanour.

219. Disobedience to summons as witness: A person who without reasonable excuse defaults in obeying any summons, process or order lawfully issued or made for the attendance of that person as a witness in a judicial proceeding or for the production by that person of a written or any other evidence in a judicial proceeding, commits a misdemeanour.

Interference with Legal Proceedings

220. Hindrance of inquest: A person who with intent to prevent, obstruct or delay the taking of an inquest on the body or touching the death of a person, or to defeat the ends of justice, buries or conceals or disposes of the body, commits a misdemeanour.

221. Neglect to hold inquest

(1) A person who is under a duty as a police officer, coroner, gaoler, peace officer, or in any other capacity, to give notice or take measures in order to procure the holding of an inquest on the body or touching the death of a person, wilfully and without reasonable excuse fails to perform the duty commits a misdemeanour. (2) Omitted.60(60)

222. Violence in legal proceedings: A person commits a misdemeanour who uses violence with intent to deter a person

(a) from acting as a judge, arbitrator, umpire, assessor, juror, witness, counsel, agent, prosecutor, or party in a legal proceeding or enquiry, or

(b) from acting in execution of a duty in a judicial or an official capacity, or

223. Disturbance of Court: A person commits a misdemeanour who with force, threats, or tumult, hinders, interrupts or disturbs the proceedings of a Court, or wilfully and unlawfully, with force, threat or tumult, hinders a person from entering or quitting a Court, or removes or detains that person in the Court.

224. Insulting Court: A person commits a misdemeanour who in the presence of a Court commits a contempt of court by an insulting, opprobrious or menacing acts or words.

225. Exciting prejudice as to legal proceeding: A person commits a misdemeanour who, pending proceedings in a Court, publishes in writing or otherwise anything concerning the proceedings or a party to the proceedings, with intent to excite popular prejudice for or against a party to the proceedings.

Rescue, Escape, Compounding Crime

226. Resisting arrest and rescue

(1) A person commits a misdemeanour who endeavours to resist or prevent the execution of the law,

(a) by resisting lawful arrest or the lawful arrest of any other person, or

(b) by rescuing any other person from lawful custody, or

(d) by rescuing goods or things from a public officer or peace officer or any other person having the possession, custody, or care of the goods or other things under or by virtue of a lawful warrant or process.

(2) Where a person in lawful custody under a sentence of imprisonment escapes, the time during which that person is at large shall not be taken into account in computing the term of the original sentence.

227. Breaches of prison discipline – Repealed.61(61)

228. Smuggling things into prisons – Repealed.62(62)

229. Interference with prisoners outside prisons – Repealed.63(63)

230. Prison officer leaving prisoner when outside prison – Repealed.64(64)

230A. Aiding escape: A prison officer who directly or indirectly aids, encourages, induces or facilitates the escape of a person in lawful custody commits a second degree felony.65(65)

231. Oppression by prison officer: Repealed.66(66)

232. Preventing the death penalty: A person who endeavours by force to prevent the execution of a person sentenced to death commits a second degree felony.

233. Advertising reward for the return of stolen property: A person commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units who

(a) publicly offers a reward for the return of property which has been stolen, and the offer makes use of words purporting that questions will not be asked, or that the person producing the property will not be seized, or

(b) publicly offers to return to a person who may have bought or advanced money by way of loan on a stolen or lost property the money so paid or advanced or any other sum of money or reward for the return of the property, or

234. Compounding crime: A person who, without leave of a Court, compounds a criminal offence commits a misdemeanour.

235. Definition of compounding: A person compounds a criminal offence if that person offers or agrees to forbear from prosecuting or giving evidence against a person on a criminal charge, in consideration of money, or of a valuable thing, or of a personal advantage or an advantage to any other person.

CHAPTER FIVE

Offences relating to Public Officers and to Public Elections

236. Refusal to serve in public office: A person who, without lawful excuse, refuses to serve in a public office in which that person is bound to serve, and for the refusal to serve in which a penalty or punishment is not provided by an enactment, commits a misdemeanour.

237. Falsely pretending to be public officer or juror: A person who pretends to be or acts as a public officer, juror, or to be a messenger of or to hold an authority from the President, or a Minister or a Court, and who is not lawfully authorised to act in that capacity, or not holding that authority, and in or under colour of the assumed character does or attempts to do, or procures or attempts to procure, any other person to do or abstain from doing an act commits a misdemeanour, unless that person shows

(a) that the pretence or the act was under a mistake of law or of fact; or

(b) in the case of a person acting as a public officer, that the pretence or the act was in good faith for the public benefit.

238. Proof of falsity of pretence: On a trial for a criminal offence under section 237,

(a) a statement purporting to be signed by a person in the name of the President, Minister or Court, declaring that the accused was not at a stated time or period a messenger of or did not hold an office or authority under the President, Minister or Court, and

(b) a statement purporting to be signed by the Chairman of the Civil Service Council declaring that the accused was not a civil servant, and

(c) a statement purporting to be signed in the name of a local or any other statutory authority, declaring that the accused was not an officer of that authority, is, without further proof, prima facie evidence of the matters so declared.

239. Corruption of and by public officer or juror

(1) A public officer or juror who commits corruption, or wilful oppression, or extortion, in respect of the duties of office, commits a misdemeanour.

(2) A person who corrupts any other person in respect of a duty as a public officer or juror commits a misdemeanour.

240. Explanation as to corruption by public officers: A public officer, juror, or voter commits corruption in respect of the duties of office or the vote, if the public officer, juror or voter directly or indirectly, agrees or offers to permit the conduct of that person as a public officer, juror, or voter to be influenced by the gift, promise or prospect of a aluable consideration to be received by that person, or by any other person, from any other person.

241. Explanation as to corruption of public officer: A person commits the criminal offence of corrupting a public officer, juror, or voter in respect of the duties of office or in respect of the vote, if that person endeavours, directly or indirectly, to influence the conduct of the public officer, juror or voter in respect of the duties of office or in respect of the vote, by the gift, promise or prospect of a valuable consideration to be received by the public officer, juror, or voter, or by any other person, from any other person.

242. Special explanation as to corruption of and by public officer: It is immaterial, for the purposes of section 240 or 241, that the person respecting whose conduct the endeavour, agreement or offer is made is not yet at the time of the making of the endeavour, agreement or offer, a public officer, juror, or voter, if the endeavour, agreement, or offer, a public officer, juror, or voter, if the endeavour, agreement, or offer is made in the expectation that that person will or may become or act as a public officer, a juror, or a voter.

243. Corrupt agreement for lawful consideration: It is immaterial, for the purposes of section 240, 241 or 242, whether the act to be done by a person in consideration or in pursuance of the gift, promise, prospect, agreement or offer is criminal or wrongful otherwise than by reason of the provisions of any of those sections.

244. Acceptance of bribe by public officer, after doing act: Where, after a person has done an act as a public officer, juror, or voter that person secretly accepts, or agrees or offers secretly to accept for personal gain or for any other person, a valuable consideration on account of the act, that person shall be presumed, until the contrary is shown, to have acted corruptly, within the meaning of this Chapter, in respect of that act before the doing of the act.

245. Promise of bribe to public officer, after act done: Where, after a public officer, juror, or voter has done an act as an officer, a juror or voter, any other person secretly agrees or offers to give or to procure for that person or any other person a valuable consideration on account of that act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have corrupted, before the doing of the act, that public officer, juror, or voter, in respect of that act.

246. Explanation as to oppression: A public officer or juror commits the criminal offence of wilful oppression in respect of the duties of office if that officer wilfully commits an excess or abuse of authority, to the injury of the public or of any other person.

247. Explanation as to extortion: A public officer commits extortion who, under colour of office, demands or obtains from a person, whether for public purposes or for personal gain, or for any other person money or valuable consideration which the public officer knows is not lawfully authorised or at a time at which the public officer knows is not lawfully authorised to demand or to obtain that money or valuable consideration.68(68)

248. False declaration for office or voting: A person who, in order to obtain or be qualified to act in a public office or to vote at a public election makes, signs, publishes or uses a declaration, statement or an oath, required by law or a certificate or testimonial regarding conduct or services, or as to any other matter which is material for obtaining that office, or for the qualification to act in that office or to vote at the election, commits a misdemeanour if that person knows that the declaration, statement, oath, certificate or testimonial is false in a material particular.

249. False certificate by public officer: A public officer commits a misdemeanour who, being bound or authorised as a public officer to attest or certify, by writing or otherwise, a document or matter, or that an event has or has not happened, and

(a) attests or certifies the document or matter knowing it to be false in a material particular, or

(b) attests that the event has happened or has not happened, without knowing or having reason to believe that it has happened or has not happened, according to the attestation or certificate.

250. Destruction of document by public officer: A public officer who intentionally and unlawfully destroys, injures, falsifies or conceals a document which is in the possession, custody, or control of the public officer or to which the public officer has access by virtue of office, commits a misdemeanour.

251. Deceiving a public officer: A person commits a misdemeanour who, with intent to defeat, obstruct, or prevent the course of justice, or the due execution of the law, or evade the requirements of the law, or to defraud or injure a person, or to obtain or assist in or facilitate the obtaining of any passport, instrument, concession, appointment, permission or any other privilege or advantage, endeavours to deceive or to overreach a public officer acting in the execution of a public office or duty,

(a) by personation, or by a false instrument, document, seal, signature, or

(b) by a false statement, declaration or assurance, whether written or verbal or by a written or verbal statement, declaration or assurance which the person making the statement, declaration or assurance did not have good reason to believe to be true.

252. Accepting or giving bribe to influence public officer or juror

(1) A person who accepts, or agrees or offers to accept, a valuable consideration, under pretence or colour of having unduly influenced, or of agreeing or being able so to influence, any other person in respect of functions as a public officer or juror, commits a misdemeanour.

(2) A person who gives, or agrees or offers to give, to a public officer a valuable consideration for the grant to that person or to any other person of a benefit or an advantage, or for the exercise of influence in favour of that person or any other person commits a misdemeanour.

253. Corrupt promise by judicial officer or juror: A person who, otherwise than in the due execution of duties as a judicial officer or juror, makes or offers to make an agreement with any other person as to the judgment or verdict which that person will or will not give as a judicial officer or juror in a pending or future proceeding, commits a misdemeanour.

254. Corrupt selection of juror: A person who, with a purpose of procuring an undue advantage or disadvantage to a party to a judicial proceeding, procures for that person, or for any other person to be summoned, impaneled or sworn as a juror in the proceeding, or endeavours to prevent any other person from being summoned, impanelled or sworn as a juror in that proceeding, commits a misdemeanour.

255. Prevention of election by force: A person who attempts to prevent, obstruct or disturb a public election by a kind of force, violence, or threat or by an act which is a criminal offence punishable under this Act, commits a misdemeanour.

256. Corruption, intimidation, and personation in respect of election: A person who acts in a manner that amounts to corruption, intimidation or personation in respect of a public election, commits a misdemeanour, and shall not, during seven years from the date of the conviction, vote at a public election and shall not hold a public office in respect of which the election was held, or a public office of the same nature.

257. Definition of intimidation: A person does an act of intimidation at a public election if that person endeavours to influence the conduct of a voter in respect of the election by a threat of an evil consequence to be caused to the voter or to any other person, on account of the conduct as a voter.

258. Falsification of return at election: A person who, as a public officer charged with the counting of votes or the making of a return at a public election, wilfully falsifies the account of the votes or makes a false return commits a second degree felony.

259. Explanation as to an election: A person shall not be relieved from liability to punishment under this Chapter by reason of an irregularity or informality in the proceedings at, or preliminary or subsequent to, an election.

260. Withholding of public money by public officer: Where a public officer who is bound in that capacity to pay or account for money or valuable things, or to produce or give up documents or any other things, fails as in duty bound to pay or account for, or to produce or give up, to any other officer or person lawfully demanding the same, commits a misdemeanour.

261. Definition of valuable consideration: In this Chapter, “valuable consideration” includes money, money’s worth or valuable thing, and an office or a dignity, and a forbearance to demand money, or money’s worth, or a valuable thing, and a private advantage of any kind.

CHAPTER SIX – Bigamy and Similar Offences

262. Bigamy: A person who commits bigamy commits a misdemeanour.

263. Definition of and special provision as to bigamy

(1) A person commits bigamy who, knowing that a marriage subsists between that person and another person, goes through the ceremony of marriage, whether in Ghana or elsewhere, with any other person.

(2) A person shall not be convicted of bigamy or of an offence under section 264

(a) if at the time of the subsequent marriage the former wife or the former husband has been continually absent from that person for seven years, and has not been heard of by that person as being alive within that time, and

(b) if before the subsequent marriage that person informs the other party to the marriage of the facts of the case so far as they are known to that person.

(3) On proof by the accused person of the continued absence and information, the prosecutor has the onus to prove that the former wife or husband has been so heard of.

264. Marriage to a person previously married: A person who, being unmarried, goes through the ceremony of marriage, whether in Ghana or elsewhere, with another person whom that person knows to be married to another person commits a misdemeanour, whether the other party to the ceremony does or does not have the guilty knowledge as to be convicted of bigamy.

265. Marriages under customary law

(1) A person shall not be convicted of bigamy or of an offence under section 264, if the marriage in respect of which the act was committed, and the former marriage, were both contracts under customary law.

(2) A person may be convicted of bigamy or of an offence under section 264 if, having contracted a monogamous marriage that person marries or purports to marry any other person under customary law, or if, being married to a person by customary law, goes through a monogamous ceremony of marriage with any other person.

266. Fictitious marriage: A person who, whether in Ghana or elsewhere, goes through the ceremony of marriage, or a ceremony which that person represents to be a ceremony of marriage knowing that the marriage is void and that the other person believes it to be valid, commits a misdemeanour.

267. Personation in marriage: A person who personates any other person in marriage, or marries under a false name or description, with intent to deceive the other party to the marriage, commits a misdemeanour.

268. Unlawfully performing marriage ceremony: A person who is not duly qualified so to do who performs or witnesses as a marriage officer the ceremony of marriage, or knowing that any of the matters required by law for the validity of a marriage has not happened or been performed, so that the marriage is void or unlawful, commits a misdemeanour.

269. Making false declaration for marriage: A person who in a declaration, certification, licence, document, or statement required by law to be made or issued for the purpose of a marriage, declares, enters, certifies or states a material matter which that person knows to be false, commits a misdemeanour.

270. False pretence of impediment to marriage: A person who endeavours to prevent a marriage by pretence

(a) that the consent of that person is required by law, or

(b) that a person whose consent is so required does not consent, or

commits a misdemeanour, if that person does so knowing that the pretence is false or without having reason to believe that it is true.

271. Wilful neglect of duty to fill up or transmit certificate of marriage: A person who, being under a duty to fill up the certificate of a marriage performed by that person, or the counterfoil of it, or to transmit the certificate to the Registrar of Marriages, wilfully fails to perform that duty, commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.69(69)

272. Mode of proving marriage or divorce:

(1) Where, for the purposes of this Chapter, it is requisite to prove a former marriage of a person, it is requisite and sufficient to prove a marriage irrespective of the place of celebration of the marriage, which would be admitted by the Court as a valid marriage for the purposes of a civil proceeding, or for the purposes of the administration or distribution of the effects of a person on the death of that person.

(2) Where a person accused of bigamy puts up a defence on the grounds of a divorce from a former wife or husband, that divorce, and no other shall be deemed sufficient as would be admitted by the Court as a valid divorce from the bond of marriage.

CHAPTER SEVEN – Offences against Public Morals

Brothels, Prostitution

273. Allowing persons under age to be in brothels: A person who, having the custody, charge or care of a child under the age of sixteen years, allows that child to reside in or frequent a brothel commits a misdemeanour.70(70)

274. Persons trading in prostitution

(1) A person commits a misdemeanour who

(a) knowingly lives wholly or in part on the earnings of prostitution, or

(b) is proved to have, for the purposes of gain, exercised control, direction or influence over the movements of a prostitute in a manner as to aid, abet or compel the prostitution with any other person or generally.

(2) The Chairman of a Regional Tribunal or a Justice who is satisfied by evidence upon oath

(a) that there is a reason to suspect that any premises or part of that premises is used for the purposes of prostitution, and

(b) that a person residing in or frequenting the premises is living wholly or in part on the earnings of a prostitute, may issue a warrant authorising a police officer to enter and search the premises and to arrest that person.

(3) Where a person is proved to live with, or to be habitually in the company of, a prostitute or is proved to have exercised control, direction or influence over the movement of a prostitute, and in a manner which shows that person as aiding, abetting or compelling the prostitution with any other person or generally, that person, for the purposes of this Chapter, is knowingly living on the earnings of prostitution unless the Court is satisfied to the contrary.71(71)

275. Soliciting or importuning for immoral purposes: A person commits a misdemeanour who in a public place or in sight of a public place persistently solicits or importunes

(a) to obtain clients for a prostitute, or

(b) for any other immoral purposes.72(72)

276. Soliciting or importuning by prostitutes

(1) A person who persistently solicits or importunes in a public place or in sight of a public place for the purpose of prostitution commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units and for a second or subsequent offence shall be dealt with as for a misdemeanour.73(73)

(2) A person shall not be arrested for a criminal offence under subsection (1) without the consent of a superior police officer, but this shall not prevent the arrest, or the issue of a warrant for the arrest, of a person in respect of an offence or the remanding in custody or on bail of a person charged with an offence although the consent has not been obtained.74(74)

277. Keeping a brothel: A person commits a misdemeanour who

(a) keeps or manages or assists in the management of a brothel; or

(b) being a tenant, lessee or occupier or person in charge of premises, knowingly permits the premises or a part of the premises to be used as a brothel or for the purposes of habitual prostitution; or

(c) being the lessor or landlord of any premises or the agent of the lessor or landlord, lets the premises or a part of the premises, with the knowledge that the premises or that part is to be used as a brother, or is wilfully a party to the continued use of the premises or a part of the premises as a brothel.75(75)

278. Gross indecency: A person who publicly and wilfully does a grossly indecent act commits a misdemeanour.

278A. Immoral or indecent customs or practices, bereaved spouses: A person who compels a bereaved spouse or a relative of that spouse to undergo a custom or practice that is immoral or grossly indecent in nature commits a misdemeanour.76(76)

279. Definitions: For the purposes of this Chapter, “brothel” means any premises or room or set of rooms in any premises kept for purposes of prostitution; “prostitution” includes the offering by a person of that person’s body commonly for acts of lewdness for payment although there is no act or offer of an act or ordinary sexual connection.77(77)

Obscenity

280. Publication or sale of obscene material: A person who publishes or offers for sale an obscene book, writing or representation, commits a misdemeanour.

Illustrations

1. A publishes a book for the use of physicians or surgeons, or for persons seeking medical or surgical information. Whatever may be the subject with which the book deals, if they are treated with as much decency as the subject admits, A has not committed a criminal offence.

2. B publishes extracts from the book mentioned in the last illustration, arranged or printed in a manner that gives unnecessary prominence to indecent matters. If the Court or jury is of the opinion that the publication is calculated unnecessarily and improperly to excite passion, or to corrupt morals, B ought to be convicted.

281. Further offences relating to obscenity

(1) A person commits a misdemeanour who

(a) for the purposes of or by way of trade, or for the purposes of distribution or public

exhibition, makes produces, or has in his possession one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films, or any other obscene objects; or

(b) for any of the purposes mentioned in paragraph (a), imports, conveys, or exports, or causes to be imported, conveyed, or exported, any of those obscene matters or things, or puts any of them into circulation; or

(c) carries on or takes part in a business, whether public or private, concerned with any of those obscene matters or things, or deals in any of those matters or things, or distributes any of them or exhibits any of them publicly, or makes a business of lending any of them; or

(d) advertises or makes known with a view to assist in that punishable circulation or traffic that a person is engaged in any of those punishable acts, or advertises or makes known how or from whom any of those obscene matters or things can be procured either directly or indirectly.

(2) The Chairman of a Regional Tribunal or a Justice may, on application made for the purposes by or on behalf of the Inspector General of Police, order the destruction of any of the obscene matters or things mentioned in subsection (1) which, the Chairman or Justice, is satisfied has or have been or is or are being made, deposited or used for any of the purposes referred to in subsection (1).

282. Indecent inscriptions: A person who affixes to, or inscribes on, a place or thing so as to be visible from a public place, or affixes to, or inscribes on, a public urinal, or delivers to a person in a public place, or exhibits to public view from a building, a picture or printed or written matter of an indecent or obscene nature, commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.78(78)

283. Getting others to do the acts punishable under section 282: A person who gives or delivers to any other person a picture or printed or written matter mentioned in section 282 with the intent that it be affixed, inscribed, delivered or exhibited as mentioned in that section commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.79(79)

284. Advertisements as to venereal disease declared indecent:

(1) An advertisement relating to venereal disease, nervous debility, or any other complaint or infirmity arising from or relating to sexual intercourse, and an advertisement claiming aphrodisiac properties for a preparation is, for the purposes of this Act, of an indecent or obscene nature.

(2) Subsection (1) does not apply to an advertisement relating to venereal disease published by or with the authority of the Minister responsible for Health.

CHAPTER EIGHT – Public Nuisance

Hindering Burials

285. Hindering burial of dead body: A person who unlawfully hinders the burial of the dead body of a person, or without lawful authority disinters, dissects or harms the dead body of a person, or being under a duty to cause the dead body of a person to be buried, fails to perform that duty commits a misdemeanour.

Unwholesome Food

286. Selling unwholesome food: A person who sells, or prepares or offers for sale, as being fit for consumption as food or drink, a thing which that person knows or has reason to believe that it is in a condition of putrefaction, adulteration, or other cause, as to be likely to be noxious to health, commits a misdemeanour.

Noxious Trade

287. Carrying on of noxious trade, interference with public rights: A person who, without lawful authority or excuse, the proof of which lies on that person,

(a) carries on a noxious, an offensive, or a noisy business at a place, or causes or permits a noxious or an offensive matter to be collected or continue at a place, or so keeps animals at a place, as to impair or endanger the health of the public inhabiting or using the neighbourhood of that place, or as to cause material damage to the lands, crops, cattle, or goods, of the public, or as to cause material interruption to the public in their lawful business or occupations, or as to materially affect the value of their property, or

(b) so makes, keeps or uses an explosive matter, or a collection of water, or any other dangerous or destructive thing, or a building, an excavation, open pit, or any other structure, work or place, or so keeps an animal or permits to be at large, as to cause danger or harm or damage to the persons or property of the public, or a well, spring, or reservoir, so as to deprive the public of the benefit of it, or

(c) corrupts or fouls the water of a public well, tank, spring reservoir, or place used or intended for supplying water to the public or for fish culture, commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units and for a continuance or repetition of that criminal offence, commits a misdemeanour.80(80)

288. Explanation as to carrying on of noxious trade: As regards the nuisance of carrying on a noxious, offensive, or noisy business, at a place, or of causing or permitting noxious or offensive matter to be collected or continue at a place, or of keeping animals at a place as mentioned in this Chapter,

(a) “business” includes not only a trade, manufacture, work, business, or an occupation carried on for gain, but also a continued or frequent repetition of an act or series of acts of any kind; and

(b) it is necessary, in order that a person may be punishable in respect of that nuisance, that the prejudice or danger caused by it should extend to persons inhabiting or occupying, under separate tenancies, not less than three houses or other tenements.

289. Explanation as to obstruction of public way

(1) A person shall not be convicted, within the meaning of this Chapter, of obstructing the public use of a public way or work by reason only of that person being a party to a meeting or an assembly assembled in, or on or near a public way or work, unless the purposes of the assembly are or include the obstruction of the public by force or threats or show of force.

(2) For the purpose of subsection (1), “obstruction” of the public use of a public way or work includes the making or using of a fetish or charm for the purposes of preventing a person from using that way or work.

Drunken, Riotous and Disorderly Conduct

290. Habitual drunkenness: A person who, having been thrice convicted under an enactment for having been drunk and behaving violently or indecently or in a disorderly manner is, within one year from the first conviction, found drunk in a public place, commits a misdemeanour.

291. Drunk or disorderly

(1) A person who is drunk, riotous, quarrelsome or disorderly in a place licensed for the sale of intoxicating liquors, or kept for public refreshment, resort or entertainment, and fails to leave that place on being requested to do so by the owner, manager, occupier or the agent or servant of that owner, manager or agent or by a police officer, commits a misdemeanour.

(2) A police officer shall on the demand of the owner, manager, occupier, agent or servant assist in expelling the drunken, riotous, quarrelsome or disorderly person from that place.81(81)

292. Penalty for harbouring thieves

(1) A person commits a misdemeanour who occupies or keeps a lodging-house, public-house, or any other house or place where intoxicating liquors are sold, or a place of public entertainment or public resort, and

(a) knowingly lodges or knowingly harbours thieves or reputed thieves, knowingly permits or knowingly suffers them to meet or assemble in it, or or prostitutes or

(b) knowingly permits or allows drunkenness or any other disorderly conduct in it, or

(2) A licence for the sale of an intoxicating liquor, or for keeping a place of public entertainment or public resort, which has been granted to the occupier or keeper of those premises or place, may be forfeited by the Court on the occupier’s keeper’s first conviction of a criminal offence under subsection

(1). (3) On a second conviction for that criminal offence the licence shall be forfeited, and that person is disqualified for a period of two years from receiving that licence.

(4) Where two convictions under this section have taken place within a period of three years in respect of the same premises, whether the persons convicted were or were not the same, the Court shall direct that for a period not exceeding one year from the date of the last of those convictions that type of licence shall not be granted to a person in respect of those premises.

(5) A licence granted in contravention of this section is void.

(6) The holder of a licence who is brought before a Court in pursuance of this section, shall produce the licence for examination; and, if the licence is forfeited, the holder shall deliver it up.

(7) A holder who wilfully neglects to produce the licence as required under subsection (6) is, in addition to any other penalty, liable to a fine not exceeding ten penalty units.82(82)

Drumming and Firing Guns

293. Using houses, in town for drumming

(1) An occupier of a house, building, yard, or any other place situate in a town, who without a licence in writing from a district assembly permits persons to assemble and beat or play or dance in it to a drum, gong, tom-tom, or any other similar instrument of music, commits a criminal offence and is liable to a fine not exceeding five penalty units.83(83)

(2) A police officer may enter that house, building, yard, or other place where those persons have assembled, and warn them to depart and may seize and carry away the drums, gongs, tom-toms or other instruments, which shall be forfeited.

(3) A person who, after being warned, does not depart forthwith, except the persons actually dwelling in the house or building, commits a criminal offence and may be arrested, without warrant, by a police officer or person acting in aid of the police officer and that person is liable to a fine not exceeding two hundred and fifty penalty units.84(84)

294. Drumming near Court during sitting: A person who during the sitting of a Court, and after being warned by a police officer or an officer of the Court to desist, beats or plays a drum, gong, tom-tom, or any other instrument, or makes a loud noise of any kind within a radius of three hundred yards from the place where the sitting is held, commits a criminal offence and is liable to a fine not exceeding five penalty units.85(85)

295. Drumming with intent to challenge or insult: A person who beats a drum with intent to challenge or provoke any other person to commit a breach of the peace, or with intent to insult or annoy any other person, commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.86(86)

Nuisances and Obstructions

296. Throwing rubbish in street: A person commits a criminal offence and is liable to a fine not exceeding ten penalty units who87(87)

(a) in a town place, causes or permits to be placed, a carrion, filth, dirt, refuse, or rubbish, or any other offensive or otherwise unwholesome matter, on a street, yard, an enclosure, or open space, except at a place set apart by the local authority or the health officer for that purpose; or

(b) in a town does an act which constitutes a nuisance in a public place or an open space, or in a space which is an appurtenance of or adjoins a dwelling-house; or

(d) without the consent of the owner or occupier of it affixes or attempts to affix a placard, paper, or thing on a building, wall, fence, pillar, or post, or writes on, soils, or marks the building, wall, fence, pillar or post; or

(e) repealed;88(88)

(f) unlawfully releases cattle lawfully impounded, or pulls down, damages, or destroys the pound where cattle are lawfully impounded; or

(g) in a town wilfully or wantonly, and after being warned to desist, makes a loud or an unseemly noise in a manner that causes or is liable to cause annoyance or disturbance of a person; or89(89)

(h) in a town, without a licence in writing from the Minister or a local authority beats or plays a drum, gong, tom-tom, or any other similar instrument of music between eight o’clock at night and six in the morning; or

(i) in a town throws or discharges a stone or any other missile in or into a public place; or

(j) is drunk and is disorderly or behaves violently or indecently in a prison or Court or public place; or

(k) behaves irreverently or indecently in a church, chapel, mosque, or any other place appropriated for religious worship; or

(l) disturbs or molests a minister of religion while celebrating a religious rite or office in a public place, or a person assisting or attending at the celebration of that rite or office; or

(m) behaves irreverently or indecently or insultingly at or near a funeral or in a near a public burial ground during the burial of a body; or

(n) wantonly extinguishes the light of, or destroys or damages, a street lamp; or

(o) wilfully obstructs or impedes or delays a person employed in the working of a telegraph or in the delivery of a telegram, in the execution of that duty; or

(p) by obstructing a public way, wilfully prevents or hinders the free passage of any other person or of a vehicle; or

(q) without the consent of the local authority or the Ghana Highway Authority, places or leaves a thing in a public way to the obstruction, danger or annoyance of users of that public way; or 90(90)

(r) being the occupier of a land or building situate in a town, does not clear and keep free from dirt, underbush, underwood, weeds, high grass, rubbish, rags, broken bottles, refuse, and an offensive matter, filling up the holes with stones, gravels or other like materials, the streets or roads, at the front-back, and sides of it, with the drains, gutters, and channels on it; and, if the building is unoccupied, the owner shall for this purpose be deemed the occupier; but where there are two lots of land contiguous to a street, road, drain, gutter, or channel, and facing each other, the occupier of each lot is responsible for keeping clean only the half of the street or road, and the drain, gutter, or channel nearest to the occupier’s lot; or

(s) in a town wilfully or negligently causes or permits a vehicle, or a thing carried by the vehicle, or cattle, to damage a drain, ditch, or trench, at the side of a street, or a bridge, or a part of it respectively; or

(t) in a town, without the written consent of the local authority or the Ghana Highway Authority, wilfully displaces or takes up or damages the pavement, stones, or material of a public way, or attempts to change or obstruct an outer course; or91(91)

(u) assembles with other persons in a public place, or in an open space near a public place, for an idle, a vicious, or a disorderly purpose, or otherwise than in the regular performance, or in pursuance, of a lawful calling or object, to the annoyance or obstruction of a passenger or person frequenting the public place, or of a person living in the neighbourhood of the public place or open space and does not move away when required by a constable; or

(v) suffers to be at large or unmuzzled, a ferocious dog of which that person is the owner or has the charge, or sets on or urges a dog to attack or put in fear any other person or cattle; or

(w) after public notice given by a person having authority in that behalf directing dogs or other animals to be confined on account of suspicion of rabies, suffers a dog or an animal specified in the notice to be at large during the time mentioned in that notice; or

(x) being called upon by an officer of a local authority, or of the Ghana Highway Authority or a constable, to give aid of extinguishing or staying the progress of a fire, refuses or neglects to give that aid of which that person is capable; or

(y) wilfully and indecently exposes the body of that person in a public place or in the public’s view, or exposes the body of that person in a place with intent to insult any other person; or92(92)

(z) in a town for which there is a public slaughter-house appointed by or under an enactment, slaughters cattle or dresses the carcass for human consumption, within the limits of which the slaughter-house is appointed, except in that slaughter-house, unless by the licence of the district assembly.

297. Rubbish in front of premises

(1) Where a criminal offence punishable under paragraph (a) of section 296 is committed and the offender has not been identified or discovered, the fact of a carrion or a substance mentioned in that subsection being found in front of any premises is prima facie evidence of its having been placed there by the occupier of the premises.

(2) A person found committing a criminal offence punishable under paragraphs (a) to (o), of section 296 may be taken into custody without warrant by a peace officer, or a health officer, or by the owner or occupier of the property on which or with respect to which the criminal offence is committed, or by the servant or any other person authorised by the owner or occupier, and may be detained until delivered into the custody of a constable, who shall take that person, as soon as conveniently may be, before the Chairman of a Tribunal or a Justice.

(3) A prosecution for a criminal offence under section 296 shall be commenced within one year from the time when the criminal offence was committed.

(4) A dog in respect of which a criminal offence punishable under paragraph (u) or (v) of section 296 has been committed may be destroyed by order of the Court.

298. Disturbing the peace in a public place: A person commits a criminal offence and is liable to a fine not exceeding ten penalty units who in a public place, or in a place within sight or hearing of persons who are in that place

(a) disturbs the peace by fighting or quarrelling with any other person, or by making a loud or an unseemly noise, or

(b) abets an unlawful fight, or uses or applies to any other person who is in that public place or within sight or hearing of it, a violent or abusive term of reproach, or

(d) exposes defamatory or insulting writing or object, or with the intention of annoying or irritating any other person, sings a scurrilous or an abusive song or words, whether a particular person is addressed or not, or does an act which is riotous, indecent, disorderly, insulting behaviour, to the obstruction or annoyance of a passenger or person in the public place.93(93)

CHAPTER NINE – Offences Relating to Animals

299. Taking and using cattle, without consent of owner: A person commits a criminal offence and is liable to a fine not exceeding five penalty units who intentionally and unlawfully catches, takes or drives, or attempts to catch, take or drive, cattle from or out of a pasture, an enclosure, a stable or any other place,

(a) for the purpose of riding the animal, or of using it in the carrying of a load or burden or in the drawing of a cart or carriage, or

(b) for the purpose of sorting it loose or of driving it about, or

(c) for any other unlawful and mischievous purpose, without the consent of the owner or of the person entrusted with the charge of the animal, and without having a probable claim or pretence of title.94(94)

300. Stray cattle

(1) Where in a town, cattle are found at large in a public place without a person in charge of the cattle, a peace officer or health officer may seize and impound the cattle in a common pound, and may detain them until the owner pays to the Accountant-General’s Department a sum of money equivalent to the expenses of keeping them at rates not exceeding one penalty unit a day for each head of swine, sheep, or goats and two penalty units a day for each head of other cattle.95(95)

(2) Where the expenses are not paid within four days after impounding, the pound keeper, or any other person appointed by the health officer for the purpose, may sell the cattle, after giving six days’ notice of the sale or of the notice having been left at the dwelling-house of the owner if known.

(3) Where the owner is not known, the notice shall be conspicuously posted in a usual place for the posting of public notices in the town where the cattle were seized.

(4) The proceeds of the sale, after deducting the expenses, shall be paid to the Accountant-General, and be paid to the owner of the cattle on demand made not later than twelve months after the sale.

(5) The owner and a person required to be in charge of cattle which are found at large in a public place without a person in charge of the cattle commits a criminal offence and is liable to a fine not exceeding five penalty units.96(96)

(6) This section so far as regards sheep and goats applies only to the towns of Aburi, Accra, Agona Swedru, Akim-Oda, Axim, Bekwai, Bibiani, Bolgatanga, Cape Coast, Christianborg, Dunkwa, Elmina, Ho, Hohoe, Keta, Kibi, Koforidua, Kumasi, Mampong-Ashanti, Nsawam, Obuasi, Saltpond, Sekondi-Takoradi, Sunyani, Tamale, Tarkwa, Tema, Wa, Winneba and Yendi, and to any other town directed by the Minister by executive instrument.

301. Using horse, with farcy or glanders in public way

(1) A person who in a public place, rides, drives, or otherwise makes use of a horse, mule, or an ass affected with farcy or glanders knowing it to be so affected, and the owner of the horse, mule, or ass, who permits it to be at large in a public place commits a criminal offence and is liable to a fine not exceeding five penalty units.97(97)

(2) The horse, mule, or ass may be destroyed and the carcass disposed of by order of the Chairman of a Regional Tribunal or a Justice.

302. Destruction of dog or other animal suspected to be rabid

(1) A police officer may destroy a dog, or any other animal at large, which the officer has reasonable cause to suspect is in a rabid state, or which has been bitten by a dog or any other animal which the officer has reasonable cause to suspect is in a rabid state, or may seize and detain the animal and hand it over to a health officer.

(2) The owner or person in charge of a dog or any other animal who knowingly suffers it to be at large in a rabid state, or if the dog or the other animal is confined, does not destroy it, or cause it to be destroyed, after it has shown evident and distinct symptoms of being in a rabid state, or of having been bitten by a dog or any other animal in a rabid state, commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.98(98)

303. Cruelty to animals

(1) A person commits the criminal offence of cruelty and is liable to a fine not exceeding twenty-five penalty units, who 99(99)

(a) cruelly beats, kicks, ill-treats, over-loads, tortures, infuriates, or terrifies an animal, or causes or procures, or being the owner, permits an animal to be so used; or

(b) by wantonly or unreasonably doing or omitting to do an act, or causing or procuring the commission or omission of an act, causes unnecessary suffering, or being the owner, permits unnecessary suffering, to be caused to an animal; or

(c) conveys or carries, or being the owner, permits to be conveyed or carried an animal in a manner or position that would cause the animal unnecessary suffering; or

(d) drives an animal in harness, or when drawing a vehicle, which is in a condition that would cause the animal unnecessary suffering, or being the owner, permits the animal to be so driven; or

(e) subjects, or causes or procures, or being the owner, permits to be subjected, an animal to an operation which is performed without due care or humanity.

(2) An owner commits the criminal offence of permitting cruelty if the owner fails to exercise reasonable care and supervision in respect of the protection of the animal from an act of cruelty indicated in subsection (1).

(3) This section does not apply

(a) to the commission or omission of an act in the course of the destruction, or the preparation for destruction, of an animal as food for human consumption, unless the destruction or the preparation was accompanied by the infliction of unnecessary suffering; or

(b) to the coursing or hunting of a captive animal unless the animal is liberated in an injured, mutilated or exhausted condition; but a captive animal shall not, for the purposes of this section, be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.

304. Prosecution of medical practitioners and veterinary surgeons: In accordance with clause (3) of article 88 of the Constitution, a prosecution shall not be instituted under section 303 without the consent of the Attorney-General against

(a) a registered medical practitioner or a duly qualified veterinary surgeon or a person acting under the direction of that medical practitioner or veterinary surgeon in respect of the commission or omission of an act in the course of an operation, experiment, or a test performed on an animal for the purposes for scientific research or medical or veterinary treatment; or

(b) a veterinary authority, as defined in the Diseases of Animals Act, 1961 (Act 83) or a person acting under the direction of that authority in respect of the commission or omission of an act in the course of the seizure, detention, or destruction of an animal purporting to be effected for the purposes of the Disease of Animals Act, 1961 (Act 83).

305. Destruction of animal

(1) Where the owner of an animal is convicted of the criminal offence of cruelty under section 303, the Court may, considering that it would be cruel to keep the animal alive, order the destruction of the animal, and assign the animal to a suitable person for that purpose.

(2) The reasonable expenses incurred in destroying the animal may be ordered by the Court to be paid by the owner, and is recoverable in like manner as a fine.

306. Court may deprive ownership

(1) Where the owner of an animal is convicted of cruelty or of permitting cruelty to an animal, the Court may, in addition to any other punishment, deprive the owner of the ownership of the animal, and may make any other order as to the disposal of the animal.

(2) An order shall not be made under subsection (1), unless it is shown by evidence as to a previous connection, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty.

307. Taking charge of animal

(1) Where a person in charge of an animal has committed, or is reasonably suspected of having committed, a criminal offence under section 303 or against a by-law made by a local authority with respect to the control, management and treatment of animals, a police officer, or a person or class of persons authorised in that behalf by the Minister, may take charge of the animal for the purpose of the examination of the animal.

(2) Where there is a criminal proceeding as a result of subsection (1), the animal shall be deposited in a place of a safe custody until the termination of the proceeding or until the Court directs the animal to be delivered to the person in charge of the animal or to the owner.

(3) In the event of a conviction in respect of the animal, the Court may order that the cost of the examination and detention, including the cost of veterinary treatment, shall be paid by the owner, and the cost may be recovered as a fine.

308. Destruction of stray dogs

(1) Subject to subsection (2), a police officer, health officer or a person authorised by the Minister may seize a stray dog found at large and to bring it before a Magistrate, who may direct that the dog be returned to its owner, if the owner can be found or if the owner cannot be found, that it be destroyed and assign it to a suitable person for that purpose, or may make any other appropriate order.

(2) Subject to subsection (3), subsection (1) applies to

(a) the towns of Accra, Cape Coast, Sekondi-Takoradi and Kumasi;

(b) the towns and places to which the Towns Act applies;

(3) The Minister may, by executive instrument, direct that subsection (1) shall apply throughout the Republic.

309. Destruction of aged or neglected animals

(1) A veterinary officer, or a person or a member of a class of persons authorised by the Minister may seize an animal which, in the opinion of the veterinary officer or that person or that member is suffering, or is likely immediately to suffer sickness or neglect by reason of old age.

(2) On the seizure being made, the veterinary officer, or other person shall forthwith furnish a Magistrate with a written report on the matter, embodying in the report the recommendations of the veterinary officer or of that person.

(3) The Magistrate may direct that the owner of the animal, if the owner can be found, be given notice to show cause why the animal should not be destroyed.

(4) Where the owner fails to show sufficient cause why the animal should not be destroyed, or where the owner cannot be found, the Magistrate may direct that the animal be destroyed, and accordingly may assign it to a suitable person, or may make any other appropriate order.

310. Interpretation

In this Chapter “animal” means a domestic or captive animal; “captive animal” means an animal, which is not a domestic animal, of any kind or species, including a bird, fish, or reptile, which is in captivity, or confinement, or which is maimed, pinioned or subjected to an appliance or a contrivance for the purpose of hindering or preventing its escape from captivity or confinement; “domestic animal” means an animal which is tamed or which has been or is being sufficiently tamed to serve a purpose for the use of a person.

CHAPTER TEN – Miscellaneous Offences

Taking Liquor on Ship

311. Taking liquor on board State ship

(1) A person commits a criminal offence and is liable to a fine not exceeding five penalty units,

(a) who brings on board a ship of the Republic a spirituous or fermented liquor without the previous consent of the officer commanding the ship, or

(b) who approaches or hovers about the ship for the purposes of bringing the liquor on board without that consent, or of giving or selling the liquor to an officer, a seaman, or marine in the service of the Republic without that con-sent, or of assisting the officer, seaman or marine to be improperly absent from the ship.100(100)

(2) An officer in the service of the Republic, or a warrant or petty officer of the Navy, or non-commissioned officer of Marines may, with or without seamen or persons under the officer’s command, search a ship or boat hovering about or approaching, or which may have hovered about or approached, a ship of the Republic and may seize the liquor found on her, which shall be forfeited to the Republic.

(3) An officer or a warrant or petty or non-commissioned officer, or a constable, may without warrant arrest and detain a person found committing a criminal offence under this section, and take that person before a Magistrate or a Justice to be dealt with according to law.

Letters, Telegrams

312. Letter written for illiterate person

(1) A person who writes a letter or petition at the request or in the name of an illiterate person shall write on the letter or petition that person’s name and address.

(2) The writing of the name and address on the letter or petition implies a statement

(a) that the letter or petition was written on the instructions of the illiterate person, and

(b) that the letter or petition conveys neither more nor less than the meaning intended by the illiterate, and

(c) if it is or purports to be signed or executed by that person that it was read over and explained to the illiterate person who fully understood its contents before it was signed or executed, and

(d) that the mark or signature is that of the illiterate person.

(3) Where the name and address of the writer is not written on the letter or petition, or if the statement implied is in a material particular untrue, the writer commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.101(101)

(4) For the purposes of this section, “name” means the full, true, and proper country name where a person has a country name; otherwise a person’s true and proper surname and the Christian name.

313. Sending false telegram: A person who commits either of the following acts, with intent to aggrieve or annoy any other person, is liable to a fine not exceeding fifteen penalty units, that is to say,

(a) knowingly sends a false telegram to any other person, or

(b) signs the name of any other person to a petition, prospectus, or testimonial, knowing that there is no authority for so doing.

313A. Issue of false cheque

(1) A person who

(a) without reasonable excuse, the proof of which lies on that person, issues a cheque drawn on a bank with which that person does not have an account, or

(b) issues a cheque in respect of an account with a bank when that person does not have a reasonable ground, the proof of which lies on that person, to believe that there are funds or adequate funds in the account to pay the amount specified on the cheque within the normal course of banking business, or

(c) with intent to defraud stops or countermands a cheque previously issued by that person, commits a criminal offence and is liable to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment; not exceeding twelve months or to both the fine and the imprisonment, and in the case of a subsequent criminal offence to a fine not exceeding one thousand penalty units or to a term of imprisonment not exceeding five years.102(102)

(2) A person shall not be convicted of a criminal offence by virtue of subsection (1) (b) in respect of a cheque which is presented for payment later than three months after the date specified on the cheque for payment.

(3) Where a person is convicted of a criminal offence by virtue of subsection (1) (c), the Court may, if satisfied that there are adequate funds in the account of that person in respect of which the cheque in question was issued to meet the amount specified on the cheque, order the bank in question to honour the cheque, and a bank complying with the order is not liable to a claim in respect of that act.

(4) In this section,

(a) the words “cheque” and “issue” have the meaning respectively assigned to them in sections 72 and 97 of the Bills of Exchange Act, 1961 (Act 55);

(b) a reference to the issue of a cheque includes a reference to the issue of a cheque to the Republic.103(103)

Slave Dealing

314. Slave dealing

(1) A person commits a second degree felony who

(a) deals or trades in, buys, sells, barters, transfers, or takes a slave; or

(b) deals or trades in, buys, sells, barters, transfers, or takes another person in order that the other person may be held or treated as a slave; or

(c) places or receives a person in servitude as a pledge or security for debt, whether then due and owing or to be incurred or contingent, whether under the name of a pawn or by any other name by which the other person may be called; or

(d) conveys a person, or induces a person to come, to the Republic to be dealt with as a slave or traded in, bought, sold, bartered as a slave, or become a slave, or be placed in servitude as a pledge or security for a debt; or

(e) conveys or sends a person, or induces a person to go out of the Republic to be dealt with as a slave or traded in, bought, sold, bartered, transferred as slave or become a slave, or be placed in servitude as a pledge or security for a debt; or

(f) enters into a contract or an agreement with or without consideration for doing any of the acts or accomplishing any of the purposes mentioned in paragraphs (a) to (e); or

(g) by any species of coercion or restraint otherwise than in accordance with the Labour Act, compels or attempts to compel the service of a person.

(2) This section does not apply to a coercion that may lawfully be exercised by virtue of a contract of service between free persons, or by virtue of the rights of parents and other rights, which are not contrary to law, arising out of the family relations customarily used and observed in the Republic.

314A. Prohibition of customary servitude

(1) A person who

(a) sends to, or receives at a place, any other person, or

(b) participates in or is concerned in a ritual or customary activity in respect of any other person, with the purpose of subjecting the other person to a form of ritual or customary servitude, or a form of forced labour related to a customary ritual, commits a criminal offence and is liable to a term of imprisonment not less than three years.

(2) In this section, “concerned in” means

(a) to send to, take to, consent to the taking to or receive at a place, a person for the performance of the customary ritual; or

(b) to enter into an agreement whether written or oral to subject to any of the parties to the agreement or any other person to the performance of the customary ritual; or

Trial by Ordeal

315. Trial by ordeal

(1) The trial by the ordeal of sasswood, eserepbean, or any other poison, boiling oil, fire, immersion in water, or exposure to the attacks of crocodiles or any other wild animals, or by an ordeal which is likely to result in the death of, or bodily injury to, a party to the proceeding is unlawful.

(2) A person who directs or controls or presides at a trial by ordeal which is unlawful commits a second degree felony.

316. Present at, or making poison for, trial by ordeal: A person commits a misdemeanour who

(a) is present at or takes part in a trial by ordeal which is unlawful, or

(b) makes, sells or assists or takes part in making or selling, or has in possession for sale or use, a poison or thing which is intended to be used for the purpose of a trial by ordeal which is unlawful.

Unlawful Exportation of Cocoa

317. Smuggling and other evasion

(1) A person who

(a) imports or is concerned in importing prohibited or restricted goods, contrary to the prohibition or restriction, whether the goods are unloaded or not, or

(b) unloads or is concerned in unloading prohibited goods or restricted goods imported contrary to the prohibition or restriction, or

(d) with intent to defraud the Republic of a duty, knowingly harbours, keeps or conceals or knowingly permits or suffers or causes or procures to be harboured, kept or concealed prohibited, restricted, uncustomed or excisable goods, or

(e) with intent to defraud the Republic of a duty, knowingly acquires possession of or is knowingly concerned in carrying, removing, depositing or concealing prohibited, restricted, uncustomed or excisable goods, or

(f) is knowingly concerned in a fraudulent evasion or attempt at evasion of any customs or excise duties, or

(g) exports or attempts to export cocoa contrary to the Customs, Excise and Preventive Service (Management) Law, 1993 (P.N.D.C.L. 330) (which relates to the exportation of restricted or prohibited goods), or

(h) exports or attempts to export uncustomed cocoa contrary to an order made under the Customs, Excise and Preventive Service (Management) Law, 1993 (P.N.D.C.L. 330), or

(i) without lawful authority, the proof of which lies on that person, sells, receives or deseals sealed cocoa knowing it to belong to the Ghana Cocoa Board or to any of its licensed buying agents or any other person, or

(j) with intent to defraud the Ghana Cocoa Board or any of its licensed buying agents or any other person makes a false declaration about cocoa, commits a misdemeanour and is liable on summary conviction to a term of imprisonment of not less than five years and not exceeding ten years, or to a fine not less than two hundred and fifty penalty units and not exceeding five thousand penalty units or to both the fine and to the imprisonment, and the goods in respect of which the criminal offence has been committed shall be forfeited.105(105)

(2) A person who commits an act referred to in subsection (1) is, whether or not that person is prosecuted under that subsection, liable to a civil penalty under the Customs, Excise and Preventive Service (Management) Act, 1993106(106) and the civil penalty may be enforced and recovered although a prosecution has not been brought under subsection (1).

(3) The civil penalty shall not be exacted where a fine imposed under subsection (1) equals or exceeds treble the value of the goods in respect of which the criminal offence was committed.

(4) In this section, “prohibited or restricted goods” means goods the importation or exportation of which is prohibited or restricted by law.107(107)

317A. Smuggling of gold, diamond

(1) Although there is a law to the contrary, a person who

(a) without lawful authority, the proof of which lies on that person, exports or attempts to export gold or diamond, or

(b) conceals or carries away from the Republic gold or diamond with intent to evade an enactment relating to the export of gold or diamond, commits a criminal offence and is liable on conviction to a sentence of death, and the gold or diamond, in respect of which the criminal offence was committed shall be forfeited to the Republic.

(2) The President may, by legislative instrument, apply subsection (1) to any other minerals specified in the instrument.

(3) For the purposes of this section “diamond” means a rough and uncut diamond of Ghanaian origin; “gold” includes gold bullion, retorted gold, gold ore, gold amalgam, gold alloy, precipitates containing gold, slag, concentrates, tailings and residues, and gold dust but not the articles manufactured of gold and in reasonable quantities the proof of which lies on the person alleging reasonableness.108(108)