Page:Syariah Penal Code Order, 2013.pdf/48

BRUNEI DARUSSALAM GOVERNMENT GAZETTE (2) Any person who commits zina bil-jabar and it is proved by evidence other than that provided under subsection (1) is guilty of an offence and shall be· liable on conviction—
 * (a) if he is muhshan, to imprisonment for a term not exceeding 30 years and whipping with not exceeding 40 strokes;
 * (b) if he is ghairu muhshan, to imprisonment for a term not exceeding 15 years and whipping with not exceeding 20 strokes.

Punishment for zina bil-jabar where the offender is not mukallaf or has not attained age of baligh.

77. Where any person who is not mukallaf or has not attained the age of baligh commits zina bil-jabar and—
 * (a) it is proved either by ikrar of the accused, or by syahadah of at least four syahid according to Hukum Syara' other than the evidence of the victim after the Court is satisfied having regard to the requirements of tazkiyah al syuhud, is guilty of an offence and shall be liable on conviction to whipping with 40 strokes and shall be detained in any rehabilitation centre as the Court thinks appropriate for a term not exceeding 5 years; or
 * (b) it is proved by evidence other than that provided under paragraph (a) is guilty of an offence and shall be liable on conviction to whipping with 20 strokes and shall be detained in any rehabilitation centre as the Court thinks appropriate for a term not exceeding 5 years.

Attempt to commit zina bil-jabar.

78. Any person who attempts to commit zina bil-jabar or attempts to cause the commission of zina bil-jabar is guilty of an offence and shall be liable on conviction—
 * (a) if he is muhshan, to imprisonment for a term not exceeding 15 years and whipping with 20 strokes;
 * (b) if he is ghairu muhshan, to imprisonment for a term not exceeding 7 years and whipping with 20 strokes.

Attempt to to commit zina bil-jabar where offender is not mukallaf or has not attained age of baligh.

79. Any person, who is not mukallaf or has not attained the age of baligh, who attempts commit zina bil-jabar or attempts to cause the commission of zina bil-jabar is guilty of an offence and shall be liable on conviction to whipping with 1708