Friday 8 July 2016

Penal Code Amendment Bill Proposing Life Sentences, Minimum 21 Years


The Penal Code Amendment Bill of 2016 is proposing life sentences with a minimum of 21 years imprisonment for convicts found in possession, selling, extracting or exhuming tissues of living or dead person.

The bill has just been presented by Minister of Justice and Constitution Affairs, Hon. Samuel Tembenu and is now being debated by the National Assembly.

The principle objective of the bill is to amend the Penal Code, in the wake of attacks on persons with albinism.


The bill has created offences that will offer specific protection to persons with any type of disability and has further created new offences in general with respect to burial grounds and also criminalises unlawful possession and transacting in human corpses or tissue.

Tissue has been defined as any human tissue including any human flesh, organ, bone, bodily fluids or derivative of any human tissue.

Offences and Sentences details here


Any person who with the intention of exhuming tissue from a human corpse or exhuming a human corpse enters a place of sepulture of disability for the remains of the dead commits an offence and is liable, upon conviction, to imprisonment for twenty-one years.

Section 131B, says Subject to Anatomy Act, any person why unlawfully exhumes a human corpse commits an offence and is liable, upon conviction, to imprisonment for life.

Section 131C, (1) any person who unlawfully causes another person; exhume a human corpse or extract tissue from human corpse commits an offence and shall be liable, upon conviction, to imprisonment for life.

Section 224A says a person who extracts, found in possession of, sells, buys or, otherwise transacts in human corpses or human tissue extracted from a human corpse or living person commits an offence and shall be liable, upon conviction, to imprisonment for life. However, possession of a human corpse or tissue in accordance with any written law or for other good and justifiable reason, shall not constitute an offence under this section.

Section 224B says A person who, knowingly another person to be person with any type of disability, for any purpose whatsoever, conspires with a third person or causes or attempts to cause a third person to; kill the person with disability, maim, wound or otherwise cause grievous bodily harm to the person with disability; extract human tissue from the person with disability; sexually or otherwise assault the person with disability, commits an offence and is liable, on conviction, to imprisonment for life.

Section 224C provides that where any person who commits any act under sections 224A and 224B was, at the time of the commission or attempted commission of the offence; a relative of the person or whom the offence was committed; lived with the person against whom the offence was committee or provided care, support or protection to the person against whom the offence was committed, he shall be liable to imprisonment for life without possibility of parole.

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