Section 28: Rogue and vagabond
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
28. Rogue and vagabond
(1) Every person shall be deemed a rogue and vagabond who—
(a) has in his custody or possession any picklock, key, crow, jack,
bit or other implement with intent to break into a dwelling house,
warehouse, store, shop, coach house, stable or outbuilding or is
armed with any gun, pistol, hanger, cutlass, bludgeon or other
offensive weapon or has upon him any instrument with intent to
commit any crime or misdemeanour;
(b) has in his custody or possession at night, any picklock, key,
crow, jack, bit or other implement without giving a satisfactory
account for such custody or possession;
(c) who is found in or on any private premises, vehicle or boat not
belonging to him and without giving a satisfactory explanation
for his presence there;
(d) being an idle and disorderly person is found carrying arms, or
having in his possession any file, crowbar or other implement
adapted for committing a larceny or other crime or misdemeanour or for procuring the means of entering any house;
(e) frequents or loiters about or in any enclosed or private land or
dwelling or place adjacent to a street, road or highway with intent to commit an offence;
(f) in a public place, makes use of obscene, indecent or offensive
words or gestures whether or not such words or gestures are
addressed to any other person.
(2) Every person who is a rogue and vagabond shall commit an offence
and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and
to imprisonment for a term not exceeding 2 years.
[S. 28 amended by Act 10 of 1985; Act 29 of 1990; Act 5 of 1999; s. 8 of Act 36 of 2008
w.e.f. 6 December 2008.]
C58 – 5 [Issue 2]
Criminal Code (Supplementary) Act
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Questions this section answers
- What kind of conduct, such as carrying burglary tools or loitering with intent, makes someone a 'rogue and vagabond'?
- What is the penalty for being convicted as a rogue and vagabond?