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Special provisions as to abduction, etc

Cap. 101, s. 78 · Revised Edition 2020

(1) For the purposes of the sections of this Title relating to stealing a person and abduction– (a) it is not necessary that the taking or detaining should be without the consent of the person taken or detained, and it suffices if the person be persuaded, aided or encouraged, to depart or not to return; (b) it is not necessary that there should be an intent permanently to deprive any person of the possession or control of the person taken or detained; (c) a taking or detention is unlawful unless some person entitled to give consent to the taking or detention of the person taken or detained for the purposes for which he is taken or detained, gives consent to the taking or detention for those purposes; 75 (d) a person having the temporary possession, care or charge of another person for a special purpose, as the attendant, employer or schoolmaster of such person, or in any other capacity, can be guilty of stealing or abduction of such person by acts which he is not authorised to do for such special purpose, and he cannot give consent to any act by another person which would be inconsistent with such special purpose. (2) Notwithstanding the general provisions of Title V with respect to mistake of law, a person is not guilty of stealing or of abduction of another person by anything which he does in the belief that he is entitled by law as a parent, guardian, or by virtue of any other legal right, to take or detain the other person for the purposes for which he takes or detains him, provided that this rule shall not be construed to exempt a person from liability to punishment, (a) on the plea that he did not know or believe, or had not the means of knowing that the age of the other person was under twelve or sixteen years, as the case may be; or (b) for stealing or abduction if he took or detained the other person for any immoral purpose. TITLE VIII Criminal Harm to the Person
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