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PUNISHMENT OF INCEST ACT 1908 - SECT 1

1.(1) Any male person who has carnal knowledge of a female person, who is to
his knowledge his grand-daughter, daughter, sister, or mother, shall be guilty
of a misdemeanour, and upon conviction thereof shall be liable, at the
discretion of the court, to ... penal servitude for any term ... not exceeding
seven years ...: Provided that if, on an indictment for any such offence, it
is alleged in the indictment and proved that the female person is under the
age of [fourteen] years, the same punishment may be imposed as may be imposed
under section four of the Criminal Law Amendment Act, 1885 (which deals with
the defilement of girls under [fourteen] years of age).

(2) It is immaterial that the carnal knowledge was had with the consent of the
female person.

(3) If any male person attempts to commit any such offence as aforesaid, he
shall be guilty of a misdemeanour, and upon conviction thereof shall be liable
at the discretion of the court to be imprisoned for any time not exceeding two
years ....

(4) On the conviction before any court of any male person of an offence under
this section, or of an attempt to commit the same, against any female under
[eighteen] years of age, it shall be in the power of the court to divest the
offender of all authority over such female, and, if the offender is the
guardian of such female, to remove the offender from such guardianship, and in
any such case to appoint any person or persons to be the guardian or guardians
of such female during her minority or any less period:

Provided that the High Court may at any time vary or rescind the order by the
appointment of any other person as such guardian, or in any other respect.

© 1908 Crown Copyright

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