Penal Code · 2021 Revised Edition · Chapter XVI
377K. Mistake as to age
Official textFrom Attorney General's Chambers, unchanged
Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 377B, 377C, 377D or 377E.
In the case of a person who at the time of the alleged offence was under the age of 21 years, the presence of a reasonable mistaken belief a that the person, who is of the opposite sex, was of or above the age of 18 years, shall be a valid defence to a charge of an offence under section 377D or 377E.
166 CAP. 22
Penal Code
For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 377D or 377E or under section 3(1) of the Women and
Girls Protection Act (Chapter 120).
It is not a defence to a charge under section 377B, 377C, 377D,
377E or 3776 or under section 2 of the Unlawful Carnal Knowledge Act
(Chapter 29) that the accused had reasonable cause to believe that the person was of or above the age of 16 years or 18 years, as the case may be, unless the accused took all reasonable steps to ascertain the age of that person.
Chapter XVII
Chapter XVIII
Offences Relating to Documents, False Documents and Currency Notes and Bank Notes
Chapter XIX
Criminal Breach of Contracts of Service
Chapter XX
Offences Relating to Marriage
Chapter XXI
Defamation
Chapter XXII
Criminal Intimidation, Insult and Annoyance
Chapter XXIII