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FUNCTION OF THE LAW SECTION 295 -DEMANDING PROPERTY BY WRITTEN

THREATS
1. Law maintains social order
2. Protection of interests 1. With intent to extort or gain anything from any
3. Right to property person
4. Rights in respect of persons 2. Knowing the contents of the writing
5. The regulation of transactions 3. Causes any person to receive any writing demanding
anything
SECTION 6-20: GENERAL RULES AS TO CRIMINAL 4. Without reasonable or probable cause threatens to
RESPONSIBILITY injure personally or any other person if the demand is
not complied with.
1. Ignorance of the Law
2. Bona fide claim of Right SECTION 304 - BEING ARMED WITH INTENT TO
3. Mistake of Fact COMMIT SERIOUS OFFENCES
4. Insanity
5. Intoxication 1. Being armed with any dangerous or offensive
6. Immature age weapon or instrument
7. Compulsion 2. Being armed by dangerous weapon during the night
3. Being in possession of house breaking instruments
SECTION 25 – DIFFERENT KINDS OF PUNISHMENTS during the night
4. Having his face masked or blackened to disguise
1. Death 5. Being in any building by night with instruments of
2. Imprisonment breaking
3. Corporal punishment 6. Being in any building by day with instrument of
4. Fines breaking and conceals his presence.
5. Probation/ Supervision order for juveniles 7. Being in possession or armed with instruments of
6. Security for keeping the peace or come up for breaking enters any building
judgement
7. Forfeiture SECTION 21 – PRINCIPAL OFFENDERS

PERSONS NOT TO BE SENTENCED TO UNDERGO 1. Every person who actually does the act or omission
CORPORAL PUNISHMENT which constitute an offence
2. Every person who omits to do any act for purposes of
1. Females enabling another to commit the offence
2. Males sentenced to death 3. Every person who aids or abets another in
3. Males considered to be more than 40Yrs committing the offence
4. Any person who counsels or procures any other to
CORPORAL PUNISHMENT commit an offence

1. Shall be inflicted once only SECTION 44 – CIRCUMSTANCES OF INDUCING

2. Number of strokes should not exceed 12 DESERTION
3. Persons under 18yrs to receive maximum of
Any person who directly or indirectly
PERSONS EXEMPTED FROM DEATH SENTENCE
1. Procures or persuades or attempts to procure or
1. Persons under the age of 18 Yrs persuade to desert
2. A woman upon conviction found to be pregnant 2. Aids or abets , or accessory to desertion
should be imprisoned for life 3. Having reason to believe he is a deserter, harbours or
aids in concealing.

SECTION 50- SEDITIOUS INTENTS

 1. Bring into hatred or contempt against the President
or Government of Botswana
2. Excite the inhabitants of Botswana to attempt to
procure change otherwise by lawful means as
established by law
3. Bring into hatred or contempt or excite disaffection
against the administration of justice in Botswana
4. Raise discontent or disaffection amongst the
inhabitants of Botswana
5. Promote feelings of ill-will and hostility between
different classes of population of Botswana
SECTION 51 – SEDITIOUS OFFENCES
1. Does or attempts to make any preparation to do or
conspires with others to do seditious acts or
intentions
2. Utters any words with seditious intentions
3. Prints, publishes, sells or distributes or reproduces
any seditious publications
4. Imports any seditious publications unless without
knowledge that the publication is seditious
SECTION 66- UNLAWFUL SOCIETY IF FORMED FOR
THE FOLLOWING PURPOSE [ILLEGAL PURPOSE]
1. Levying war or encouraging to levy war on the
Government or inhabitants of Botswana
2. Killing or injuring or inciting the killing or injuring
of any person
3. Destroying or injuring or inciting destruction of any
property
4. Subverting or promoting the subversion of the
Government or officials
5. Committing or inciting to acts of violence or
intimidation
6. Interfering with, resisting to acts of violence or
intimidation
7. Disturbing or inciting to disturbance of peace and
order within Botswana
SECTION 65- HIJACKING AND RELATED OFFENCES
1. Performs acts of violence against persons on board of
an aircraft in flight which is likely to endanger the
safety of that aircraft
2. Destroys an aircraft in service or renders it incapable
of flight which is likely to endanger its safety
3. Places any device or substance to an aircraft in
service which is likely to endanger its safety
4. Destroys or damages air navigation facilities
5. Communicates information which he knows to be
false thereby endangering the safety of the aircraft
SECTION 70-POWER OF ENTRY, ARREST AND SEARCH
INTO UNLAWFUL ASSEMBLY BUILDINGS
A police officer of or above the rank of or authorised in writing
by police officer of the rank of Assistant Superintendent may
enter
1. Any building which he believe a meeting of unlawful
society is being held
2. That a member of unlawful society reside
3. Any building which he believes that document,
funds, money or other documents relating to
unlawful society may be found.
SECTION 73- SUBVERSIVE ACTIVITIES MEANINGS
1. Supporting, advocating acts prejudicial to public
order, the security of Botswana and administration of
justice
2. Inciting violence, crime or counselling disobedience
to law or lawful authority
3. Showing intentions calculated to support to threaten
the security of Botswana
4. Having indicated, or having connections, association
or affiliation to support unlawful society
5. Promoting feelings of hatred or enmity between races
or communities in Botswana
SECTION 74 – DEFINITION OF UNAWFUL ASSEMBLY
AND RIOT
1. Three or more persons assemble with intent to
commit an offence
2. Being assembled conduct themselves in a manner
likely to cause persons in the neighbourhood to
believe they are about to breach the peace
SECTION 77-PERSONS EMPOWERED TO MAKE
PROCLAMATION IN PRESIDENT’S NAME
1. Any Magistrate
2. In his absence, any Police officer of or above the
rank of Sub-Inspector
3. In his view 12 or more persons are riotously
assembled
SECTION 91- INSULTS RELATING TO BOTSWANA
1. The Arms or ensigns Armorial of Botswana
2. The National Flag of Botswana
3. The Standard of the President of Botswana
4. The National Anthem of Botswana
SECTION 95- THREATENING BREACH OF PEACE OR
VIOLENCE
1. Uses obscene, abusive or insulting language to his
employer or any persons placed in authority over him
by his employer
2. Brawls or in any other manner creates a disturbance
which is likely to cause breach of peace
SECTION 99- OFFICIAL CORRUPTION
1. Being employed in the public service and being
charged with the performance of any duty or by
virtue of such employment corruptly solicits,
receives or obtain or agrees to receive any property
or benefit for himself on account of anything already
done or omitted to be done or to be afterwards to
done
2. Being employed in the public service corruptly gives
promises or offer to give to any person employed in
the public service.
SECTION 100- EXTORTION BY PUBLIC OFFICERS
 1. Being employed in the public service takes or
accepts any property from any person for the
performance of his duties or any reward beyond his
proper pay and emoluments.
SECTION 104- ABUSE OF OFFICE
1. Any person employed in the public service does or
directs to be done, in abuse of the authority of his
office, any arbitrary act prejudicial to the rights of
another
SECTION 107- FALSE ASSUMPTION OF AUTHORITY
1. Not being a judicial officer, assumes to act as one
2. Without authority assumes to act as a person having
authority by law to administer an oath, take solemn
declaration, affirmation or affidavit or do any other
act of a public nature which can only be done by
persons authorised by law
3. Represent himself to be a person authorized to sign a
document by testifying to contents to be such person
authorised while in fact is on the contrary.
SECTION 108 – PERSONATING PERSONS EMPLOYED IN
THE PUBLIC SERVICE
1. Personates any person employed in the public service
and attend in any place to perform acts intended to be
done by the right person
2. Falsely represents himself to be a person employed
in the public service and assumes to do act or attend
for purpose of doing any act by virtue of such
employment
SECTION 111- PERJURY DEFINITION
1. In any judicial proceedings, knowingly gives false
testimony touching any matter which is material to
be questioned.
SECTION 123-OFFENCES RELATING TO JUDICIAL
PROCEEDINGS
1. Commits any act of intentional disrespect to any
judicial proceedings
2. Wrongfully retakes possession land from person who
obtained the same by writ of court
3. Dismisses a servant on condition that he gave
evidence against him
4. Influence a witness in a judicial proceedings either
before him to align his evidence to his
5. Publishes judicial proceedings held in private
6. Makes speech calculated to lower the authority of the
presiding officer
7. Causes obstruction or disturbance in the course of a
judicial proceeding
8. Having been called as a witness fails to attend or
refuses to take oath or without lawful excuse fails to
answer questions directed to him
9. Shows disrespect within where the judicial
proceeding are held with reference to that
proceedings
SECTION 141- RAPE DEFINITION
1. Any person who has unlawful carnal knowledge of
another, or who causes the penetration of sexual
organ or instrument, of whatever nature, into the
person of another for the purpose of sexual
gratification, or who causes the penetration of
another person sexual organ into his or her person,
without the consent if the consent is obtained by
force or means of threats or intimidation of any kind,
by fear of bodily harm, or by means of false pretence
as to the nature of the act, or , in the case of a
married person, by personating that persons spouse.
SECTION 147 – DEFILEMENT OF PERSONS UNDER 16
YEARS OF AGE
1. Any person who unlawfully and carnally knows any
persons under the age of 16 years.
SECTION 158- INSTANCES OF BROTHEL
1. Any persons who keeps or manages the management
of a brothel
2. Persons in charge of any premises knowingly permits
such premises or part thereof to be used as brothel
3. Being the lesser or landlord of any premises with
knowledge willingly permits your premises to be
used as brothel
SECTION 160-ATTEMPTS TO PROCURE ABORTION
1. Any person who with intent to procure a miscarriage
of a woman whether she is or is not with child
2. Unlawfully administers to her or causes her to take
any poison or other noxious thing
3. Uses any force of any kind or uses any other means
IT SHALL NOT BE AN OFFENCE IF THE
PREGNANCY IS TERMINATED IN THE
FOLLOWING CIRCUMSTANCE
1. When the medical practitioner carrying out the
operation have proof that the pregnancy was caused
by acts of rape
2. Where the continuance of the pregnancy would
involve risk to the pregnant woman
3. If found that the child were to be born it would
develop serious physical or mental abnormality.
SECTION 161 – ABORTION
1. Any person who being with child or with intention to
procure her own miscarriage
2. Unlawful administers to herself any poison or other
noxious thing
 3. Uses any force of any kind or uses any other means 3. Found in or about any premises/road or public place
whatever for any unlawful purpose
4. Permits any such thing or means to administer or
used on her SECTION 196-PUBLICATION OF DEFAMATORY
ABSOLUTELY PRIVILEGED
SECTION 164- UNNATURAL OFFENCES
1. Matters published under the authority of the
1. Any person who has carnal knowledge of any other President in official document
person against the order of nature 2. Matter published in National Assembly or House of
2. Has carnal knowledge of an animal chiefs or member thereof
3. Permits any other person to have carnal knowledge 3. Matter published concerning person subject to Naval,
of him or her against the order of nature military or air force
4. Matter published in the course of any Judicial
SECTION 168-INCEST proceeding
5. If the person publishing is legally bound to publish it
1. Knowingly has carnal knowledge with a person 6. Matter is a fair report of anything done by National
knowing that person to be his or her grandchild, Assembly of House of chiefs
child, brother, sister or parent
SECTION 204- MALICE AFORETHOUGHT
SECTION 169- INCEST BY FEMALES CIRCUMSTANCES

1. Any female person above the age of 16 years who
with her consent permits her grandfather, father,
brother or son to have carnal knowledge of her.
SECTION 173- BIGAMY
1. Any person who having a husband or wife living,
goes through a ceremony of marriage which is void
by reason of its taking place during the life of such
husband or wife
1. An intention to cause the death or grievous harm to
any person, whether such person is the one killed or
not
2. Knowing the act or omission causing death is likely
to cause death wish that it may be caused
3. Intention by the act or omission to facilitate the flight
or escape from custody of any person who has
committed an offence

CIRCUMSTANCE WHICH CAN PROVE MALICE

AFORETHOUGHT

1. Express Malice – An intention to cause death or

SECTION 176- COMMON NUISANCE
1. Any person who does any act not authorised by law
or omits to discharge a legal duty or causes any
injury or danger or annoyance, obstruct or causes
inconvenience to the public in the exercise of
common rights
harm
2. Implied Malice – Knowledge that the act or
omission will probably cause death
3. Constructive Malice – An intention to assist the
escape or flight from lawful custody of any person
SECTION 205- KILLING ON PROVOCATION

SECTION 179- IDLE AND DISORDERLY PERSONS
1. Common prostitute behaving in a disorderly or
indecent manner in public place
2. Wander in any public place for the purpose of
begging or gathering alms
3. Plays at any game of chance for money or money’s
worth in a public place
4. Publicly conducts himself in a manner likely to cause
a breach of peace
5. Without any lawful excuse does any indecent act
6. Publicly solicits for immoral purposes
7. Wanders about and endeavours by the exposure of
wounds to obtain or gather alms
SECTION 182 – ROGUES AND VAGABONDS
1. Unlawfully kills another under circumstance which
would constitute murder
2. Causes the death of another in the heat of passion
caused by sudden provocation before there is time
for his passion to cool
SECTION 208 – INFANTICIDE
1. Woman by any wilful act or omission causes the
death of her child under the age of 12 months, that at
the time of the act or omission the balance of her
mind was disturbed by reason of her not having fully
recovered from the effects of giving birth or by
reason of the effect of lactation consequent upon the
birth of the child

1. Goes about as a gatherer or collector of alms or

endeavours to procure charitable contribution of any TYPES OF PERSONS WHO MAY BE CHARGED AS
nature or kind under false or fraudulent practice ROGUES AND VAGABONDS
2. A suspected person or reputed thief who has no
visible means of subsistence and cannot give 1. Every person convicted of any offence as an idle and
satisfactory account of himself disorderly
 2. Every suspected person or reputed thief who has no 1.
visible means of subsistence 2. Unlawfully wounds or does any grievous harm to
3. Goes about as a gather or collect of alms under any another person by any means
false fraudulent pretence 3. Unlawfully attempts in any manner to strike any
person with any projectile, spear, sword, knife or any
SECTION 209- A PERSON IS SAID TO HAVE CAUSED dangerous or offensive weapon
DEATH IN THE FOLLOWING INSTANT 4. Unlawfully causes any explosive to explode
5. Sends or delivers any explosive or thing to be
received by any person
1. Inflicts wounds on another and in consequence the 6. Puts any corrosive fluid or any destructive or
victim undergoes surgical or medical treatment explosive substance in any place
which causes death 7. Unlawfully cast or throws any such fluids or
2. Inflicted bodily injury on another and the said fail to substance to any person for such substance to
submit to proper surgical or medical treatment or otherwise apply
fails to observe proper precautions and results in his
death
3. By actual or threats of violence cause another to
perform an act which causes his death
4. By any act or omission hastened the death of another
suffering under any disease or injury which apart SECTION 229- INTENTIONALLY ENDANGERING
from such act or omission death could not have SAFETY OF PERSONS TRAVELLING BY RAILWAY
occurred
5. By act or omission would not have caused the death 1. Places anything on the railway
unless accompanied by those acts or omission 2. Deals with the railway or with anything near the
railway to affect of endanger the free and safe use of
the railway
3. Shoots or throws anything to cause any person in to
SECTION 220 – THREAT TO KILL come in contact with the thing on the railway
4. Shows any light or signal or in any way deals with
1. Who without lawful excuse utters or directly or any existing light or signal upon or near a railway
indirectly causes another to receive a threat 5. Failure to act upon his duty mainly to cause the
2. The threats are in writing or not to kill any person safety of any person to be endangered
 Prosecution shall not be instituted except
with the written consent of the Director of SECTION 311 - OBTAINING CREDIT BY FALSE
Public Prosecution PRETENCES

SECTION 222- AIDING SUICIDE 1. Incurring debt or liability obtains credit by any false
pretence or by means of any other fraud
1. Procures another to kill himself 2. With intent to defraud his creditors to be made any
2. Counsels another to kill himself and after induces gift delivery or transfer of property
him to kill himself 3. With intent to defraud his creditors, counsels, sells or
3. Aids another in killing himself removes any part of his property within two months
before the date of unsatisfied judgement or order for
SECTION 223- CONCEALING BIRTH payment of money obtained against him

1. When a woman is about to be delivered of a child, OFFENCES AGAINST THE PUBLIC ORDER
endeavours by secret disposition of the dead body of
the child to conceal birth 1. Treason, Concealment of treasons
2. It is in material whether the child died before , at or 2. Inciting mutiny
after its birth 3. Alarming or Prohibited publications
4. Unlawful drilling, promoting war or warlike under
SECTION 224- KILLING UNBORN CHILD taking
5. Aiding prisoners of war to escape
1. When a woman is about to delivered a child,
prevents the child from being born alive by any act
or omission of such a nature
SECTION 239- RECKLESS AND NEGLIGENT ACTS
ANIMAL CLASSIFIED AS STOCK UNDER PENAL CODE
1. In a manner so rash or negligent as to endanger
1. Horse human life causes any harm to any person by
2. Sheep  Driving any vehicle or rides in any public
3. Cattle place
4. Goats  Navigates, takes part in the navigation or
5. Donkeys working of any vessel

SECTION 227-ACTS INTENDED TO CAUSE GRIEVOUS

HARM OR PREVENT ARREST
  Does any act with fire or any combustible
matter, omits to take precautions against
such probable danger
 Omits to take precautions against any
animal in his possession
 Gives medical or surgical treatment to
any person whom he has undertaken to
treat
 Dispense, supplies, sells, administer or
give away any medicine or poisonous or
dangerous matter
 Omits to take proper precautions against
any loaded firearm
 Omits to take proper precautions against
any explosive in his possession
 Omits to take proper precautions against
any machinery of which he is solely or
partly in charge
SECTION 263—THINGS CAPABLE OF BEING STOLEN
1. Every corporeal inanimate thing whatever which is
the property of any person
2. Every corporeal inanimate thing which is the
property of any person, and which is capable of
being made movable
3. Every tame animal whether tame by nature or wild
by nature and tamed, which is the property of any
person
4. Wild animal which are usually kept in confinement
and which is the property of any person
5. A wild animal which has escaped from confinement
2. The thing stolen is the property of his employer and
the thing stolen came into his possession by virtue of
his employer
SECTION 279-STEALING BY AGENTS ETC
1. Property received by the offender with power of
attorney for the deposition
2. Property entrusted to the offender either alone or
jointly to retain for safe custody
3. Property received by the offender either alone or
jointly on account of other persons
4. Whole or Part of proceeds in any valuable security
received by the offender with direction to be paid to
persons specified in the direction
5. Whole or part of proceeds arising from any
disposition of any property received by the offender
with power of the attorney to be pain to specified
persons
SECTION 291- DEFINITION OF ROBBERY
1. Any person who steals anything, and at or
immediately before or immediately after the time of
stealing it, uses or threatens to use actual violence to
any person or property in order to obtain or retain the
thing stolen, or to prevent or overcome resistance to
it being stolen or retained

SECTION 264- DEFINITION OF STEALING SECTION 295-DEMANDING PROPERTY BY WRITTEN

THREATS
1. Any person who fraudulently and without claim of
right takes anything capable of being stolen 1. With intent to extort or gain anything from any
person and knowing contents of the writing
INSTANCES WHICH WILL PROOF FRAUDULENT 2. Causes any person to receive any writing demanding
INTENTIONS anything from any person without reasonable or
probable cause
1. An intention to permanently deprive the owner or 3. The writing therein contain threats of any injury or
possession of property detriment of any kind to be caused to the receiver if
2. To use it as a pledge or security the demand is not complied with
3. To part with it on condition as to its return
4. To use it so that it cannot be returned in the same INSTANCES WHRE AN ASSAULT ON A PERSON MAY BE
condition REGARDED AS LAWFUL
5. In case of money, even though he intends to repay
the owner 1. Lawful game or sport
2. Accident
3. Corp[oral punishment
4. Parental chastisement
SECTION 276-STEALING BY PERSONS IN THE PUBLIC 5. Surgical treatment
SERVICE
JUSTIFICATIONS OF INDECENT ASSAULT
1. The offender is the person employed in the public
service 1. Uttering any words
2. The thing stolen is the property of the State 2. Making any gesture or sound
And came into the possession of the offender by 3. Exhibiting any object
virtue of his employment 4. Intrudes upon the privacy of a woman or girl
5. With intention that the sound will be heard by such
SECTION 277-STEALING BY CLERKS AND SERVANTS woman

1. If the offender is a clerk or servant CIRCUMSTANCES UNDER WHICH A MARRIED MAN

CAN BE CONVICTED OF RAPE TO HIS WIFE

1. Assist or aids another man to rape his wife

 2. If lawful separated and have carnal knowledge of 2. Without lawful authority he is found in possession of
her. any arms or ammunitions prohibited or any explosive
or bomb
ELEMENTS OF GUILTY KNOWLEDGE ON RECEIVING 3. Without lawful authority he is found in company
STOLEN PROPERTY with any person specified in the above

1. If the property is found hidden SECTION 34 - TREASON

2. Other found property are found in his possession
3. Property not in the accused usual line of business 1. Threatens the security of Botswana
4. Property is sold well below its value 2. Prepares to give assistance to any person who
5. Accused deny possession of property threatens the security of Botswana
3. Endeavours to procure by unlawful means any
OFFENCES IN WHICH PROSECUTION SHALL NOT BE alteration of the law or the policies of the
INSTITUTED WITHOUT WRITTEN CONSENT OF THE government
DIRECTOR OF PUBLIC PROSECUTION 4. In time of war and with intent to give assistance to
the enemy, does any act which is likely to give
1. Threat to kill assistance
2. Incest by male 5. Attempts to over-throw by some unlawful means a
3. Managing unlawful society constitutionally elected government
4. Being member of unlawful society
5. Incest by female SECTION 36 - CONCEALED TREASON
6. Abuse of office
1. Becomes an accessory after the fact to treason
SECTION 326 -ARSON 2. Knowing that any person intends to commit treason
and does not give information thereof to the
1. Any person who wilfully and unlawfully set fire to President or a police officer
 Any building or structure or whatever
whether completed or not SECTION 41 - TIME LIMIT FOR PROSECUTING A
 Any vessel whether completed or not PERSON CHARGED FOR TREASON
 Any stack of cultivated vegetable produce
or of mineral or vegetable fuel 1. 2 Years after the offence is committed.
 Mine or the working, fittings or  Can be convicted for his own plea and on
appliances of a mine the evidence in open court of two
witnesses
SECTION 341 - VARIOUS WAYS OF MAKING A FALSE
DOCUMENT CIRCUMSTANCES TO PROVE FORGERY

1. Makes a document purporting to be what in fact it is 1. Makes a document purporting to be what in fact it is
not not
2. Alters a document without authority 2. Signs a document in the name of any person without
3. Introduces into a document without authority his authority
4. Signs a document in the nature of any person without 3. Introduces into a document without authority
authority
SECTION 27- NO IMPRISONMENT TO THE FOLLOWING
SECTION 26 – SENTENCE OF DEATH
1. Person under the age of 14 yrs
1. The sentence shall direct that the convicted person 2. Person punishable for life imprisonment may be
shall be hanged by the neck until he is dead sentenced to shorter term
 Shall not be pronounced or recorded 3. May pay fine instead
against any person who upon conviction
is found that at the time he committed the
offence was below 18 years of age
 Appears to court at the time of sentencing
that the lady is pregnant. The sentence
will be reduced to life imprisonment

SECTION 305 - CRIMINAL TRESPASS

ELEMENTS TO PROVE THREATS OF THE SECURITY OF
SOVEREIGNITY OF BOTSWNA
1. Without lawful authority he is found in possession of
or wearing the uniform of the armed forces of any
foreign country
1. Enters into or upon property in the possession of
another with intent to commit an offence or to
intrude upon the privacy of any woman or a girl or to
intimidate, insult or annoy her
2. Having lawfully entered into or upon such property
unlawfully remains there with intent thereby to
intimidate, insult or annoy such person or with intent
to commit any offence
INSTANCES WHERE A PERSON CAN BE CHARGED FOR
STEALING FROM A PERSON
1. If the thing is stolen from the person of another
2. If the thing is stolen from a public office in which it
is deposited or kept
3. If it is attached to or forms part of a railway
4. If it is from a vessel which is wrecked or stranded
5. If the offender in order to commit the offence, opens
any locked room, box or other receptacle, by means
of a key or other instrument
6. If is stolen in a dwelling house and its value exceeds
P10-00 or if the offender at or immediately before or
after uses or threatens to use violence to any person
in the dwelling house
SECTION 375 -TRADE MARK
1. Mark lawfully used by any person to denote any
goods to be an article or thing of the manufacture,
workmanship production or merchandise of such
person or goods sold by such person
SECTION 376 -COUNTERFEITING TRADE MARKS
1. Forges or counterfeits any trademark
2. Applies any trade mark or any forged trademark to
any goods not being the merchandise of any person
3. Applies the trademark to any goods not being the
particular or peculiar description
4. Applies it to anything intended for any purpose of
trade or manufacture to be sold or offered for sale
5. Applies or attaches any goods to any case, cover,
ticket label or anything to which any trade mark has
been falsely applied
EMPOWERED OFFICERS TO SEIZE AND DISPOSE
PROHIBITED PUBLICATIONS
1. Any police officer not below the rank of Sub-
Inspector
2. Any other person employed in the public service
authorise in that behalf by the Minister
IMMATURE AGE
1. Any person under the age of 8 yrs is not criminal
responsible for any act or omission
2. A male under the age of 12 yrs is presumed to be
incapable of having carnal knowledge
3. A person under the age of 14 yrs is not criminal
responsible for an act or omission unless it is proved
that at the material time of doing the act or omission
he had capacity to know that he ought not do the act
or omission
IGNORANCE OF LAW
1. It does not afford any excuse for any act or omission
unless knowledge by the offender is expressly
declared to be element of the offence
BONAFIDE CLAIM OF RIGHT
1. A person is not responsible in respect of an offence
relating to property if the act done or omitted to be
done was of an honest claim of right without
intention to defraud
MISTAKE OF FACT
1. Any person who does or omits to do an act under an
honest and reasonable, but mistaken, belief in the
existence of any state of thing is not criminally
responsible for the act or omission
PRESUMPTION OF SANITY
1. Every person is presumed to be of sound mind and to
have been of sound mind at any time, which comes
in question until the contrary is proved
INSANITY
1. A person is not criminally responsible for an act or
omission if at the time of doing the act or making the
omission he is through any disease affecting his mind
incapable of understanding what he is doing, or of
knowing that he ought not to do the act or make the
omission. But a person may be criminally
responsible for an act or omission although his mind
is affected by a disease
COMPULSION
1. A person is not criminally responsible for an offence
if it is committed by two or more offenders, if he is
compelled by threats but threats of future injury do
not excuse the causing of death
INTOXICATION
1. Shall not constitute a defence to any criminal charge
except that it can be a defence to any criminal
charge, if by reason thereof the person charged at the
time of the act or omission complained that he did
not know what he was doing and:
 The state of intoxication was caused
without his consent
 The person charge was by reason of
intoxication insane temporarily or
otherwise
INTENTION AND MOTIVE
1. A person is not criminally responsible for any act or
omission which occurs independently of the exercise
of his will or which occurs as an event of an accident
unless:
 It can be proved that the intended act is
the result of the constituted element of the
offence
 The motive to commit the act or omission
is proved immaterially as regard to
criminal responsibility
A PERSON DEFENDING HIS PROPERTY
 1. He / She shall not be criminally for use of force in
repelling an unlawful attack upon his property. It is
his moral or legal duty to protect if force is
reasonable
SECTION 296-EXTORTION BY THREATS
1. Knows the contents of the writing he caused her to
receive the writing containing threats also demand
anything without reasonable cause
2. Threatens that such person shall be accused for
unspecified offence
3. Accuses or threatens another of committing an
offence
INFANTICIDE
1. Where a woman by any wilful act or omission causes
the death of her child under the age of 12 months,
that at the time of the act or omission the balance of
her mind was disturbed by reason of her not having
fully recovered from the effect of giving birth to her
child or reasons of lactation consequent upon the
birth of the child
SECTION 207- SUICIDE PACTS
1. It’s a common agreement between two or more
persons having its object the death of all of them
whether or not each is to take his own life
SECTION 299-DEFINITION OF BREAKING
1. Any person who breaks any part whether external or
internal of a building
2. Whether he opens any building by unlocking,
pulling, pushing any door, widow shutter, cellar or an
opening giving passage from one of a building to
another is termed breaking
SECTION 300-HOUSEBREAKING/BURGLARY
1. Breaks and enters building ,tent or vessel used a
human dwelling with intent to commit an offence
SECTION 308-OBTAINING BY FALSE PRETENCE
1. By any false pretence and with intent to defraud
obtains from any person anything capable of being
stolen
2. Induces any other person to deliver to any person
anything capable of being stolen by false fraudulent
acts
SECTION 317-RECEIVING STOLEN PROPERTY
1. Any person who receives or retain any property
knowing or having reason to believe the same to be
stolen or unlawfully taken
2. Any person who assist in concealing or disposing of
or making away of any property with the believe the
same to have been stolen
3. Any person who retains any property knowing the
same to be unlawfully taken or converts or dispose
the same in a manner that constitutes knowledge
property to have been stolen
SECTION 333- MALICIOUS INJURY TO PROPERTY
1. Who wilfully and unlawfully destroy or damage any
property
SECTION 394 – ACCESSORIIES AFTER THE FACT
1. One who receives or assist another person or have
knowledge in order to enable another to escape
punishment
 A wife cannot be charge for assisting her
husband to escape punishment
 Or by authority of the husband to assist
another person to escape punishment
SECTION 32 -DISCHARGE OF OFFENDER WITHOUT
PUNISHMENT
1. Happens in trial at the Magistrate Court when the
court thinks that the charge is proved but of the
opinion that
 Character, age, health, mental condition
or trivial nature of the offence and
extenuating circumstance under which the
offence was committed considers that it is
inexpedient to inflict any punishment
 The court may without proceeding to
conviction order dismissing the charge
SECTION 58 – UNLAWFUL DRILLING CIRCUMSTANCES
1. Trains or drills any person with arms or practice
military exercises without the permission of the
President
2. Any person present during the training or drilling
with arms or exercise of military without the
permission of the President
SECTION 210 – CHILD CAPABLE OF BEING KILLED
1. When it has proceeded in a living state from the body
of the mother
2. Whether it has breathed or not
3. Whether it has independent circulation or not
4. Whether the navel-string is severed or not
SECTION 324 – CIRCUMSTANCES OF FRADULENT
FALSE ACCOUNTING BY CLERK OR SERVANT
1. Who destroys, change or mutilates documents which
belongs to his employer
2. Makes false entry in such book, documents or
account
3. Deliberately omits or is privy to omitting material
documents
FORMS OF UNLAWFUL HOMICIDES
1. Murder
2. Manslaughter
3. Suicide
4. Infanticide
UNDER LAWFUL HOMICIDE WE HAVE JUSTIFIABLE
AND EXCUSABLE

1. When a person is defending himself or property

2. By misadventure like doctor operating a patient and
as a result a patient dies
3. By an accident like in any lawful game

KIDNAPPING FROM BOTSWANA

1. Any person who conveys any person beyond the

limits of Botswana without the consent of that person
or of some person legally authorized to consent on
behalf of that person is said to have kidnapped that
person from Botswana

GUILTY KNOWLEDGE IN CASE OF RECEIVING STOLEN

PROPERTY

1. If the property was found hidden

2. If the property was bought under less value
3. If the accused denied the possession of the property
4. If the accused fails to produce receipts and account
of the property
5. If some of the property was found in his possession

ELEMENTS OF PERSONATION

1. Personate any person employed in the public service

and act or attend in any place by virtue of his
employment
2. Falsely represents to be a person employed in the
public service and assumes to act in his capacity by
virtue of his employment

Revision material prepared by

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