Page:Syariah Penal Code Order, 2013.pdf/22

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Involuntarily doing lawful act.

10. Nothing is an offence which is done involuntarily and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner by lawful means, and with proper care and caution.

Act likely to cause harm, but done without criminal intent, and to prevent other more serious harm.

11. Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it is done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other more serious harm to person or property.

Explanation—It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature, and so imminent, as to justify or excuse the risk of doing the act with the knowledge it was likely to cause harm. Illustration A enticed or induced or persuaded B, an unmarried female person to leave the custody of her parents or guardian for the purpose of preventing her from being made a prostitute. He does this with the intention, in good faith, of saving her from more serious harm. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of an offence.

Act of child who is not mumaiyiz.

12. Nothing is an offence which is done by a child who is not mumaiyiz.

Act of child who is mumaiyiz but not baligh.

13. No hadd or qisas punishment may be imposed on any offence liable to hadd or qisas punishment, committed by a mumaiyiz child who is not baligh but may be punished with punishments other than hadd or qisas.

Act of person of unsound mind.

14. Nothing is an offence which is done by a person who, at the time of doing it by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that what he is doing is either wrong or contrary to law.

Act of person intoxicated against his will or without his knowledge or caused by medication.

15. (1) Nothing is an offence which is done by a person who, at the time of doing it, by reason of intoxication, does not know the nature of the act, or that what he is doing is either wrong or right, if the thing that caused him to be 1682