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Criminal Code

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Judicial and Legal Provisions (No. 2) Act 2018 (Act No 14 of 2018), Judicial and Legal Provisions Act 2018 (Act No 3 of 2018), Anti-Money Laundering and Combatting the Financing of Terrorism and Proliferation (Miscellaneous Provisions) Act 2019 (Act No 9 of 2019), Covid-19 (Miscellaneous Provisions) Act 2020, Criminal Code (Amendment) Act 2026 (Act No. 12 of 2026).

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Sections

  1. 1 Short title
  2. 2 Offences
  3. 4 Crimes
  4. 4 Section 245 of principal Act repealed and replaced inserted by The Criminal Code (Amendment) Act 2025
  5. 4 Section 245 of principal Act repealed and replaced inserted by Reprint of the Criminal Code (Amendment) Act 2025
  6. 4 Section 245 of principal Act repealed and replaced inserted by Act No 11 of 2025
  7. 4 Section 245 of principal Act repealed and replaced inserted by The Reprint of Laws Act – The Criminal Code (Amendment) Act 2025
  8. 5 Misdemeanours
  9. 6 Contraventions
  10. 8 Fines and forfeitures
  11. 11 Penal servitude
  12. 12 Imprisonment
  13. 13 Recidivism
  14. 37 Accomplices
  15. 38 Giving instructions and aiding and abetting
  16. 39 Harbouring offenders
  17. 39A Culpable omission
  18. 40 Possession of property obtained unlawfully
  19. 40A Illegal trafficking in stolen goods and any other goods inserted by Act No 9 of 2019
  20. 41 Possession of property bearing mark of Government or third party
  21. 42 Insanity
  22. 43 Excuse and mitigation of penalty
  23. 44 Minor under 14 acting without discernment
  24. 45 Minor under 14 acting with discernment
  25. CHAPTER I: OFFENCES OF A PUBLIC NATURE
  26. 50 Inducing or compelling President in the exercise of any lawful power
  27. 51 Stirring up war against the State
  28. 57 Plotting with foreign power
  29. 58 Causing risk of war
  30. 59 Exposing citizen to reprisal
  31. 60 Inciting citizen to rise up in arms
  32. 61 Inciting officer to mutiny
  33. 62 Stirring up civil war
  34. 63 Raising armed force
  35. 64 Taking command of armed force
  36. 65 Setting fire to or destroying State property
  37. 66 Plundering public property with armed band
  38. 67 Harbouring armed band
  39. 68 Withdrawing from armed band
  40. 69 Interpretation of “arms”
  41. 70 Saving for offences amounting to high treason
  42. 71 Inciting to high treason
  43. 72 Failing to reveal plot against the State
  44. 73 Penalty for failing to reveal plot of high treason
  45. 74 Penalty for failing to reveal plot other than of high treason
  46. 75 Penalty not applicable to relative of plotter
  47. 76 Penalty not applicable to plotter in certain cases
  48. 76A Prohibition on use of Arms of Mauritius
  49. CHAPTER II: OFFENCES BY PUBLIC OFFICERS
  50. 77 Abuse of authority by public officer
  51. 78 Torture by public official
  52. 79 Public officer flouting claim of illegal detention
  53. 80 Arbitrary detention by public officer
  54. 81 Public officer detaining person in unauthorised place
  55. 82 Conspiracy by public officers to flout the law
  56. 83 Public officer resigning with intent to paralyse public service
  57. 84 Violation of domicile by public officer
  58. 86 Violence by public officer
  59. 88 Public officer ordering use of force to prevent operation of law
  60. 89
  61. 90 Penalty not applicable for acting under order of superior
  62. 91 Penalty where order provokes serious crime
  63. CHAPTER III: CRIMES AND MISDEMEANOURS AGAINST THE PUBLIC PEACE
  64. 92 Counterfeiting gold or silver coin
  65. 93 Imitating gold or silver coin
  66. 94 Dealing in and importing counterfeit gold or silver coin
  67. 95 Knowingly offering counterfeit gold or silver coin
  68. 96 Knowingly uttering counterfeit gold or silver coin
  69. 97 Making or possessing instrument used for counterfeiting gold or silver
  70. 98 Counterfeiting copper coin
  71. 99 Forfeiture of counterfeit coin and instrument
  72. 100 Counterfeiting seal, mark or bank note
  73. 101 Counterfeiting Court seal
  74. 102 Unlawful use of seal
  75. 103 Counterfeiting mark of Government or trader
  76. 104 Altering Government mark
  77. 105 Altering manufacturer’s label
  78. 105A Electronic document or writing
  79. 106 Forgery by public officer
  80. 107 Fraudulent alteration of public document
  81. 108 Forgery by private individual of public or commercial writing
  82. 109 Making use of forged public writing
  83. 110 Sections 106 to 109 not applicable to passport
  84. 111 Forgery of private writing
  85. 112 Making use of forged private writing
  86. 113 Sections 111 and 112 not applicable to certificate covered by sections 117 to 119
  87. 114 Forgery of passport
  88. 115 Public officer delivering unauthorised passport
  89. 117 Forgery of medical certificate
  90. 118 Medical officer issuing false certificate
  91. 119 Forgery and making use of character certificate
  92. 120 Forgery and making use of other forged certificate
  93. 121 Fine for forgery
  94. 122 Embezzlement and larceny by public officer or notary
  95. 123 Embezzlement and larceny of deed by public officer
  96. 124 Extortion by public officer
  97. 137 Public officer exercising functions without lawful authority
  98. 138 Offences by public officers
  99. 139 Taking part in unlawful assembly
  100. 140 Having offensive weapon at unlawful assembly
  101. 141 Dispersing unlawful assembly
  102. 142 Remaining in unlawful assembly after warning
  103. 143 Taking part in riot*
  104. 144 Interpretation of “rebellion”
  105. 145 Rebellion by more than 20 armed persons
  106. 146 Rebellion by 3 but not more than 20 armed persons
  107. 147 Rebellion by less than 3 armed persons
  108. 148 Rebellion by band or mob
  109. 149 Interpretation of “armed meeting”
  110. 150 Carrying concealed arms
  111. 151 Penalty for offence committed during rebellion
  112. 152 Inciting rebellion
  113. 153 Fine for rebellion
  114. 154 Rebellious meeting
  115. 155 Rebellion by prisoner
  116. 156 Outrage against depository of public authority
  117. 157 Outrage against commander of civil or military authorities
  118. 158 Assault against member of Assembly or judicial officer
  119. 159 Assault against agent of civil or military authorities
  120. 160 Assault with wounding or premedition
  121. 162 Witness giving false excuse
  122. 163 Penalty for responsible officer in case of escape of prisoner
  123. 164 Aiding prisoner charged with misdemeanour
  124. 165 Aiding prisoner charged with crime
  125. 166 Aiding prisoner to escape by violence
  126. 167 Third party aiding prisoner to escape by violence
  127. 168 Aiding prisoner to escape by supply of arms
  128. 169 Supplying prisoner with instrument for escape
  129. 170 Escaping from legal custody
  130. 171 Penalty not applicable in case of negligence of responsible officer
  131. 172 Harbouring criminal
  132. 173 Failing to prevent breaking of Government seal
  133. 174 Penalty where seal relates to criminal proceedings
  134. 175 Breaking of seal relating to criminal proceedings
  135. 176 Breaking of other seal
  136. 177 Larceny by breaking of seal
  137. 178 Failing to prevent purloining of document entrusted to depository
  138. 179 Purloining of document from place of public deposit
  139. 180 Breaking of seal, and purloining of document, by violence
  140. 181 Damaging monument
  141. 182 Usurping public function
  142. 182A Unlawful wearing of uniform
  143. 183 Interference with freedom of conscience
  144. 184 Disturbing religious ceremony
  145. 185 Outrage on religious worship
  146. 186 Assaulting and outraging minister of religion
  147. 187
  148. 188 Association of malefactors
  149. 189 Interpretation of “association of malefactors”
  150. 190 Ringleader of association of malefactors
  151. 191 Forming part of, and aiding or harbouring, association of malefactors
  152. 196 Begging
  153. 197 Begging with threat
  154. 198 Interpretation of “vagrant”
  155. 201 Begging with violence
  156. 202 Publishing matter without description of author
  157. 203 Penalty applicable for revealing author of writing
  158. 204 Publishing matter conducive to crime
  159. 205 Forfeiture of publication
  160. 206 Outrage against public and religious morality
  161. 206 Outrage against public and religious morality inserted by Act No 3 of 2018
  162. CHAPTER III: CRIMES AND MISDEMEANOURS AGAINST THE PUBLIC PEACE
  163. 207 Penalty applicable for revealing author of outrage against religion
  164. 208 Penalty applicable to author of outrage against religion
  165. 209 Penalty for assisting illegal publication
  166. 214 Binding person to engage in breach of public order
  167. CHAPTER I: OFFENCES AGAINST THE PERSON
  168. 215 Interpretation of “manslaughter”
  169. 216 Interpretation of “murder”
  170. 217 Interpretation of “premeditation”
  171. 218 Interpretation of “lying in wait”
  172. 220 Murder of newly born child and infanticide
  173. 222 Penalty for murder and infanticide
  174. 222A Penalty for murder or attempt at murder in aggravating circumstances inserted by The Criminal Code (Amendment) Act 2026
  175. CHAPTER I: OFFENCES AGAINST THE PERSON
  176. 223 Penalty for manslaughter
  177. 223A Penalty for manslaughter or attempt at manslaughter in aggravating inserted by The Criminal Code (Amendment) Act 2026
  178. CHAPTER I: OFFENCES AGAINST THE PERSON
  179. 224 Demanding by written threat of violence
  180. 225 Threatening in writing
  181. 226 Threatening verbally
  182. 227 Demanding by threat of false accusation
  183. 228 Assault with aggravating circumstance
  184. 228A Assault with corrosive substance
  185. 229 Assault with premeditation
  186. 230 Assault
  187. 231 Assault upon father or mother
  188. 232 Assault by seditious gathering
  189. 233 Dealing in offensive weapon
  190. 233A Sale or offer for sale of offensive instrument in the open
  191. 233B Sale or offer for sale of offensive instrument to person under 12
  192. 234 Castration
  193. 235 Abortion
  194. 236 Administering noxious substance
  195. 237 Selling adulterated liquor
  196. 238 Selling unwholesome medecine
  197. 239 Involuntary homicide and wounds and blows
  198. 240 Manslaughter and wounds and blows under provocation
  199. 241 Manslaughter and wounds and blows in defence of property by day
  200. 242 Manslaughter in case of adultery
  201. 243 Castration under provocation
  202. 244 Penalty in case of excusable offence
  203. 245 Homicide and wounds and blows under lawful authority
  204. 245 Homicide and wounds and blows under lawful authority inserted by The Criminal Code (Amendment) Act 2025
  205. 245 Homicide and wounds and blows under lawful authority inserted by Reprint of the Criminal Code (Amendment) Act 2025
  206. 245 Homicide and wounds and blows under lawful authority inserted by Act No 11 of 2025
  207. 245 Homicide and wounds and blows under lawful authority inserted by The Reprint of Laws Act – The Criminal Code (Amendment) Act 2025
  208. CHAPTER I: OFFENCES AGAINST THE PERSON
  209. 246 Homicide and wounds and blows in self defence
  210. 247 Interpretation of “self defence”
  211. 248 Indecent act in public
  212. 249 Rape, attempt upon chastity and illegal sexual intercourse
  213. 250 Sodomy and bestiality
  214. 251 Debauching youth
  215. 252 Interdiction from guardianship
  216. 253 Procuring, enticing and exploiting prostitute
  217. 254 Sexual harassment
  218. 257 Bigamy
  219. 258 Unlawful arrest, detention and sequestration
  220. 259 Penalty for unlawful arrest in certain cases
  221. 260 Family abandonment
  222. 261 Failure to pay alimony
  223. 262 Change of domicile
  224. 272 Burying corpse without lawful authority
  225. 273 Concealing corpse
  226. 274 Declaration in case of sudden or violent death
  227. 275 Violating tomb
  228. 276 Giving false evidence in case of crime
  229. 277 Giving false evidence in case of misdemeanour
  230. 278 Giving false evidence in civil matter
  231. 279 Giving false evidence for reward
  232. 280 Subornation of perjury
  233. 281 Giving false evidence on decisory oath
  234. 282 Stirring up racial hatred
  235. 282 Stirring up racial hatred inserted by Act No 3 of 2018
  236. CHAPTER I: OFFENCES AGAINST THE PERSON
  237. 283 Sedition
  238. 284 Inciting disobedience or resistance to law
  239. 285 Interpretation of “publication”
  240. 286 Importing seditious publication
  241. 287 Suspending publication of newspaper containing seditious publication
  242. 287A Prohibiting circulation of seditious publication
  243. 287B Penalty for seditious publication
  244. 288 Interpretation of “defamation”
  245. 289 Publication of reply by newspaper
  246. 290 Privilege for Court proceedings
  247. 291 Criminal intimidation
  248. 296 Insult
  249. 297 False and malicious denunciation in writing
  250. 298 Effecting public mischief
  251. 298A Perverting the course of justice inserted by Act No 14 of 2018
  252. CHAPTER I: OFFENCES AGAINST THE PERSON
  253. 299 Publishing false news
  254. 300 Disclosing professional secret
  255. CHAPTER II: OFFENCES AGAINST PROPERTY
  256. 301 Larceny
  257. 301A Penalty for other larcenies
  258. 302 Larceny of produce of soil
  259. 303 Larceny with wounding
  260. 304 Larceny with violence by night breaking
  261. 305 Larceny with other aggravating circumstance
  262. 306 Larceny by night breaking
  263. 307 Penalty for extortion
  264. 308 Looting
  265. 309 Larceny with breaking and larceny by servant
  266. 310 Larceny with violence
  267. 311 Penalty for recidivism in larceny
  268. 312 Interpretation of “dwelling house”
  269. 313 Interpretation of “enclosure”
  270. 314 Interpretation of “enclosure” and of “appurtenance of dwelling house”
  271. 315 Interpretation of “breaking”
  272. 316 External and internal breaking
  273. 317 Interpretation of “external breaking”
  274. 318 Interpretation of “internal breaking”
  275. 319 Interpretation of “scaling”
  276. 320 Interpretation of “false key”
  277. 321 Counterfeiting key
  278. 322 Larceny of obligatory writing and purloining seizure
  279. 323 Enticing away servant
  280. 323A Falsely obtaining credit
  281. 330 Swindling
  282. 330A Dealing unlawfully in lottery ticket
  283. 330B Issuing cheque without provision
  284. 331 Breach of trust of minor
  285. 332 Fraudulently using blank document
  286. 333 Embezzlement
  287. 333A Embezzlement of security or charge
  288. 334 Removing document produced in Court
  289. 336 Pawnbroking and money lending without lawful authority
  290. 337 Hindering judicial sale
  291. 338 Speculating fraudulently
  292. 339 Penalty for speculating in certain cases
  293. 343 Deceiving purchaser
  294. 344 Failing to honour public contract
  295. 345 Public officer assisting defaulting contractor
  296. 346 Arson
  297. 347 Arson causing death
  298. 348 Threatening arson
  299. 349 Damaging public property, private enterprise or vehicle
  300. 350 Hindering public works by force
  301. 351 Destroying document
  302. 352 Damaging property by band
  303. 353 Damaging goods used for manufacture
  304. 354 Damaging crop
  305. 355 Damaging tree
  306. 356 Damaging agricultural product
  307. 357 Damaging agricultural instrument
  308. 358 Poisoning animal
  309. 362 Damaging enclosure
  310. 363 Damaging building
  311. 364 Flooding road or property
  312. 365 Damaging property by fire
  313. 366 Failing to notify of infected animal
  314. 367 Allowing infected animal to communicate with others
  315. 368 Permitting contagion of disease
  316. 369 Damaging goods and chattels
  317. PART I: FIRST CLASS CONTRAVENTIONS
  318. 378 First class contraventions
  319. 379 Forfeiture of object of first class contraventions
  320. 380 Imprisonment in certain cases
  321. 381 Penalty for recidivism
  322. PART II: SECOND CLASS CONTRAVENTIONS
  323. 382 Second class contraventions
  324. 384 Forfeiture of object of second class contraventions
  325. PART III: THIRD CLASS CONTRAVENTIONS
  326. 385 Third class contraventions
  327. 387 Forfeiture of object of third class contraventions