Penal Code (Amendment) Act, 2018 (No. 21 of 2018).
Country
Type of law
Legislation
Abstract
This Act amends the Penal Code of Botswana and represents a significant reform and modernization of the country’s criminal law framework. It strengthens the legal system by increasing penalties previously considered too lenient, introducing new offences relating to human remains and cannibalism, and enhancing protections for children in line with the Children’s Act. It further expands anti-corruption provisions and increases sanctions for offences involving public health, the environment, and public order.
The Act introduces new statutory offences, including possession of human remains (Section 201A) and cannibalism (Section 201B). It also creates the offence of hostage-taking (Section 191A) and establishes financial misrepresentation and fraud under Section 342A.
In relation to children’s rights, the Act harmonizes the Penal Code with the Children’s Act by raising the age of protection to 18 years across multiple offences. It strengthens provisions on abduction (Section 145), indecent assault (Section 146), defilement (Section 147), and incest (Section 168), while refining legal defences and increasing penalties. It also clarifies that children under 12 are legally incapable of consenting to sexual acts.
The Act significantly strengthens anti-corruption provisions by broadening the definitions of property, funds, and goods to include digital and intangible assets, and by extending liability to private-sector and NGO employees. Penalties for offences such as bribery, abuse of office, and official extortion have been strengthened. It also escalates penalties for public health and environmental offences, including pollution, unsafe food and drugs, nuisance offences, and obscene publications, with higher fines and mandatory custodial sentences in serious cases (Sections 184-189).
Finally, the Act introduces several other key reforms, including a modernized gender-neutral definition of rape (Section 141), mandatory minimum sentences for attempted murder (Section 217), standardized penalties for kidnapping (Sections 253 and 260), and expanded definitions of theft to include digital and confidential information (Section 263). It also removes stock theft provisions from the Penal Code, transferring them to specialized legislation.
The Act introduces new statutory offences, including possession of human remains (Section 201A) and cannibalism (Section 201B). It also creates the offence of hostage-taking (Section 191A) and establishes financial misrepresentation and fraud under Section 342A.
In relation to children’s rights, the Act harmonizes the Penal Code with the Children’s Act by raising the age of protection to 18 years across multiple offences. It strengthens provisions on abduction (Section 145), indecent assault (Section 146), defilement (Section 147), and incest (Section 168), while refining legal defences and increasing penalties. It also clarifies that children under 12 are legally incapable of consenting to sexual acts.
The Act significantly strengthens anti-corruption provisions by broadening the definitions of property, funds, and goods to include digital and intangible assets, and by extending liability to private-sector and NGO employees. Penalties for offences such as bribery, abuse of office, and official extortion have been strengthened. It also escalates penalties for public health and environmental offences, including pollution, unsafe food and drugs, nuisance offences, and obscene publications, with higher fines and mandatory custodial sentences in serious cases (Sections 184-189).
Finally, the Act introduces several other key reforms, including a modernized gender-neutral definition of rape (Section 141), mandatory minimum sentences for attempted murder (Section 217), standardized penalties for kidnapping (Sections 253 and 260), and expanded definitions of theft to include digital and confidential information (Section 263). It also removes stock theft provisions from the Penal Code, transferring them to specialized legislation.
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Long title of text
An Act to amend the Penal Code to, among others enhance penalties at Division II and sections 177 - 189 which are considered low and therefore not deterring, insert new provisions dealing with possession of human flesh, body parts or human remains and cannibalism, and align the Act with certain provisions of the Children's Act.
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Amends