The Government of The Bahamas

15 of 1873
17 of 1924
10 of 1926
33 of 1926
34 of 1926
28 of 1927
13 of 1929
22 of 1931
10 of 1932
7 of 1934
15 of 1936
16 of 1936
2 of 1938
27 of 1939
3 of 1945
26 of 1945
11 of 1951
17 of 1952
2 of 1953
27 of 1953
28 of 1953
29 or 1953
25 of 1954
1 of 1957
29 of 1957
29 of 1957
10 of 1959
22 of 1959
39 of 1961
6 of 1963
G.N. 172/1964
G.N. 187/1964
43 of 1964
18 of 1965
27 of 1965
39 of 1965
14 of 1967
25 of 1968
38 of 1968
8 of 1969
13 of 1969
6 of 1971
15 of 1974
16 of 1976
12 of 1984
5 of 1987
12 of 1987
6 of 1988
2 of 1989
9 of 1991
12 of 1997
10 of 2000

[Assent 15th May, 1924]
[Commencement 1st January, 1927]

1. This Act may be cited as the Penal Code and is hereinafter referred to as "this Code".

Short title.

2. This Code is divided into Books and Titles as follows-

Arrangement of the Code.

BOOK I. – GENERAL PROVISIONS.
Title	i.	— Preliminary matters.
Title	ii.	— General and special rules of criminal law.
Title	iii.	— Special explanations relating to certain offences.
Title	iv.	— Attempts to commit offences.
Title	v.	— Abetment and conspiracy.
Title	vi.	— Criminal responsibility and general exemptions.
Title	vii.	— Justifiable force and harm.
Title	viii.	— Law as to punishments.
BOOK II. – SUMMARY OFFENCES.
Title	ix.	— Introductory provisions.
Title	x.	— Common assaults and harm to the person.
Title	xi.	— Brothels and immoral traffic.
Title	xii.	— Petty thefts and frauds.
Title	xiii.	— Common offences against rights to property.
Title	xiv.	— Petty frauds by forgery and false coin.
Title	xv.	— Common offences against public order, health and morality.
Title	xvi.	— Common offences relating to the public service.
BOOK III. – INDICTABLE OFFENCES.
Title	xvii.	— Introductory provisions.
Offences against the Person and Reputation
Title	xviii.	— Assault and similar offences.
Title	xix.	— Crimes against females and of kidnapping and abduction.
Title	xx.	— Homicide and similar crimes.
Title	xxi.	— Libel.
Offences against Rights of Property
Title	xxii.	— Arson and mischief to property.
Title	xxiii.	— Robbery, fraud and extortion.
Title	xxiv.	— Burglary and housebreaking.
Title	xxv.	— Forgery and false coin.
Offences against Public Order, Health and Morality
Title	xxvi.	— Treason and crimes against the safety of the state.
Title	xxvii.	— Crimes against the public peace.
Title	xxviii.	— Perjury and perversion of justice.
Title	xxix.	— Crimes relating to public offices and to public elections.
Title	xxx.	— Bigamy and similar crimes.
Title	xxxi.	— Criminal public nuisances.
Title	xxxii.	— Concluding provisions, repeals, etc.

3. The following general rules shall be observed in the construction of this Code, namely-

General rules of construction.

(1)

all the provisions of Book I. shall be applied to and be deemed to form part of every provision of Books II. and III., in so far as they are applicable to the matter of that provision, and are not expressly or by necessary implication excluded, limited or modified with respect to that matter;

(2)

this Code shall not be construed strictly, either as against Her Majesty or as against a person accused of any offence, but shall be construed amply and beneficially for giving effect to the purposes thereof;

(3)

in the interpretation of this Code, a court shall not be bound by any judicial decision or opinion on the construction of any other statute, or of the common law, as to the definition of any offence or of any element of any offence;

(4)

the illustrations annexed to this Code do not form part thereof, and they shall not extend or limit the meaning of any provision thereof.

Illustration

Para. (i) — A. is charged with the murder of B. In order to discover what is the punishment to which A. will be liable if he is found guilty of murder, reference must be made to Title xx., section 291. In order to discover whether A's act as proved amounts to murder, reference must be made to the definitions and special provisions in the same Title xx., sections 289, 290 and 299 to 314; and these sections again must be understood according to any Rules or explanations contained in Book I. of the Code which are applicable to the case.

BOOK I
GENERAL PROVISIONS

TITLE i
PRELIMINARY MATTERS

4. In this Code-

Interpretation.

"abetment" has the meaning assigned thereto in Title v. of this Code (sections 86 to 90);

"act" includes any act by word or deed, and any omission, and includes any series of acts or omissions, and any combination of acts and omissions;

"administer," when used with reference to administering any substance to a person, means the causing the substance to be taken or introduced into any part of a person's body, whether with or without his knowledge or consent;

"adult" means a person who, in the opinion of the court before whom he is brought, is eighteen years of age or upwards;

"arson" means any offence punishable under any of the first five sections of Title xxii. of this Code (sections 323 to 327);

"article of agricultural produce" includes sisal, or any other plant used exclusively in the production of fibre, and the leaf and fibre obtained from the sisal or any other fibrous plant, and bananas, coconuts, corn, oranges, plantains, pineapples, potatoes, sugar cane and other fruit and vegetables of every description, whether the same be cultivated or uncultivated, and whether the same shall be actually attached to the soil or shall have fallen or been plucked or uprooted and whether the land on which the same is at the time growing or in course of cultivation be open or enclosed and whatever the value may be;

"assault" has the several meanings defined in Title iii. of this Code (sections 19 to 22);

"attempt", in relation to the commission of an offence, includes such acts as are so defined in Title iv. of this Code (section 83);

"bigamy" has the meaning defined in Title xxx. of this Code (section 480);

"book" includes every volume, part or division of a volume, pamphlet and leaflet in any language, and every sheet of music, map, chart or plan separately printed or lithographed;

"building" means any structure, booth, tent, excavation, cave or covered place, whether fixed or movable, which is constructed, used or adapted for the habitation or meeting, or shelter of human beings, or for the keeping or shelter of cattle or goods, or for the manufacture, keeping or sale of goods; and any fixture in or attached to a building is a part thereof;

"burglary" means the offence of house breaking, in the case of a dwelling-house, committed at night;