Section 308: Looting
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.
308. Looting
(1) Quiconque aura pillé ou volé (1) Any person who plunders or
quelque partie d’un navire en détres- steals any part of a ship or vessel, in
se, naufragé, jeté ou échoué sur le distress, wrecked, stranded, or cast
rivage ou quelques marchandises ou on shore, or any goods or articles,
objets quelconques appartenant au belonging to such ship or vessel, or
dit navire; ou qui aura volé tout objet steals any article from a house
quelconque pendant l’incendie d’une whilst the house is on fire,
maison et provenant de la dite maison incendiée,
shall be punished by penal servitude.
(2) Without prejudice to any other enactment, where in any area which
has been the scene of a riot or civil commotion or in any area to which this
section has been applied by order of the Commissioner of Police, any person—
(a) steals any article from premises which—
(i) have been damaged by riot or civil commotion; or
(ii) have been vacated by reason of riot, civil commotion or in
consequence of directions given for the purpose of preserving public safety or public order or for protecting persons
and property; or
(b) (i) steals any article which has been left exposed, or unprotected as a consequence of riot or civil commotion;
(ii) unlawfully enters any premises;
(iii) damages any property, assaults any person; or
(iv) is found with any offensive weapon or house breaking implement with intent to commit an offence,
he shall commit an offence and shall, on conviction, be liable to a fine not
exceeding 150,000 rupees and to penal servitude for a term not exceeding
20 years.
[S. 308 amended by Act 30 of 1991; s. 8 of Act 36 of 2008 w.e.f. 6 December 2008.]
C57 – 87 [Issue 2]
Criminal Code
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Questions this section answers
- What is the penalty for looting a wrecked ship or a burning house?
- What is the penalty for stealing or damaging property in an area hit by a riot?