Page:Syariah Penal Code Order, 2013.pdf/74

BRUNEI DARUSSALAM GOVERNMENT GAZETTE Qatl by miscarriage of foetus Qatl by miscarriage of foetus.

158. (1) Any person who commits qatl on a foetus by intentionally causing its miscarriage is guilty of an offence and shall be liable on conviction for each foetus to be punished with the following—
 * (a) when as a result of the miscarriage, the foetus dies, the person who causes the woman to have a miscarriage shall be punished with one-twentieth of a diyat as provided in this Order;
 * (b) when as a result of the miscarriage, the foetus lives and later dies, the person who causes the woman to have a miscarriage shall be punished with diyat as provided in this Order;
 * (c) when the pregnant woman herself causes the miscarriage and the foetus is in a condition as mentioned in paragraph (a) or (b), she shall be punished as provided in paragraph (a) or (b), as the case may be,

and the Court shall impose a sentence of imprisonment for a term not exceeding 15 years.

(2) The heirs of the foetus shall be entitled to diyat under subsection (1), unless the offender is the heir of the foetus.

(3) For the purposes of this section and sections 159, 161 and 164, "foetus" means a child in the womb of its mother, part of whose organ have been formed and is alive.

Attempting qatl by miscarriage of foetus.

159. Any person who attempts to commit or attempts to cause the commission of the offence of qatl by miscarriage of foetus is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.

Abetment of qatl by miscarriage of foetus.

160. (1) Any person who abets the comm1ss1on of the offence under section 158(1)(a) is guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years or both.

(2) Any person who abets the commission of the offence under section 158(1)(b) is guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000, imprisonment for a term not exceeding 10 years or both. 1734