Section 18: Offences and penalties

18. Offences and penalties (1) Any person who molests, hinders or obstructs the Permanent Secretary or any person assisting him in the exercise of his powers under this Act shall commit an offence. (2) Any person who without reasonable cause fails to comply with a summons issued under this Act or wilfully refuses to give evidence or gives material evidence that is false or grossly misleading shall commit an offence. [Issue 2] C13 – 16 Revised Laws of Mauritius (3) Any person who contravenes this Act or any regulations made under this Act shall commit an offence. (4) Any person who commits an offence under section 9, 13 or 16 shall, on conviction, be liable to a fine not exceeding 25,000 rupees and to imprisonment for a term not exceeding 5 years. (5) Any person who commits an offence under section 14 or 15 shall, on conviction, be liable— (a) where the victim is mentally handicapped, to penal servitude for a term not exceeding 30 years; (b) in any other case, to a fine not exceeding 100,000 rupees and to penal servitude for a term not exceeding 20 years. (5A) Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under subsection (5). (6) Any person who commits an offence under this Act for which no specific penalty is provided shall, on conviction, be liable to a fine not exceeding 25,000 rupees and to imprisonment for a term not exceeding 2 years. (7) The Court before which a person is convicted of an offence under section 15 may, in addition to any penalty imposed, order— (a) the forfeiture of any apparatus, article or thing which is the subject matter of the offence or is used in connection with the commission of the offence; (b) that the material subject matter of the offence be no longer stored on and made available through the computer system, or that the material be deleted. [S. 18 amended by s. 22 (1) (c) of Act 22 of 2003 w.e.f. 9 August 2003; s. 4 of Act 34 of 2005; s. 8 of Act 36 of 2008 w.e.f. 6 December 2008.]