Criminal Offences Act 1960 PDF

CRIMINAL OFFENCES ACT 1960 PUBLIC NUISANCE Hindering Burials, etc. Section 285—Hindering Burial of Dead Body, etc. Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority behalf disinters, dissects, or harms the dead bo...

CRIMINAL OFFENCES ACT 1960 PUBLIC NUISANCE Hindering Burials, etc. Section 285—Hindering Burial of Dead Body, etc. Whoever unlawfully hinders the burial of the dead body of any person, or without lawful authority behalf disinters, dissects, or harms the dead body of any person, or being under a duty to cause the body of any person to be buried, fails to perform that duty, is guilty of a misdemeanour. Unwholesome Food Section 286—Selling, etc. Unwholesome Food. Whoever sells, or prepares or offers for sale, as being fit for consumption as food or drink, anything which knows or has reason to believe to be in such a condition from putrefaction, adulteration, or other cause, to be likely to be noxious to health is guilty of a misdemeanour. Noxious Trade, etc. Section 287—Carrying on of Noxious Trade, and other interference with Public Rights. Whoever, without lawful authority or excuse (the proof whereof shall lie on him) commits any of the following nuisances, namely— (a) carries on any noxious, offensive, or noisy business at any place, or causes or permits noxious or offensive matter to be collected or continue at any place, or so keeps any animals place, as to impair or endanger the health of the public inhabiting or using the neighbourhood place, or as to cause material damage to the lands, crops, cattle, or goods of such public, or cause material interruption to such public in their lawful business or occupations, or as to materially affect the value of their property; or (b) so makes, keeps, or uses any explosive matter, or any collection of water, or any other dangerous or destructive thing, or any building, excavation, open pit, or other structure, work or place, keeps any animal or permits to be at large, as to cause danger of harm or damage to the persons property of the public; or any well, spring, or reservoir, so as to deprive the public of the thereof; or (c) corrupts or fouls the water of any public well, tank, spring, reservoir, or place used or intended supplying water to man or for fish culture, shall be liable to a fine not exceeding ¢500,000 and shall, upon conviction for a continuance or repetition any such offence, be guilty of a misdemeanour. Section 288—Explanation as to Carrying on of Noxious Trade, etc. The following provisions shall have effect with respect to the nuisance of carrying on a noxious, offensive, noisy business, at any place, or of causing or permitting noxious or offensive matter to be collected continue at any place, or of keeping animals at any place as mentioned in this Chapter, namely— (a) "business" includes not only any trade, manufacture, work, business, or occupation carried gain, but also any continued or frequent repetition of any act or series of acts of any kind; and (b) it is necessary, in order that a person may be punishable in respect of any such nuisance, that prejudice or danger caused thereby should extend to persons inhabiting or occupying, under separate tenancies, not less than three houses or other tenements. Section 289—Explanation as to Obstruction of Public Way. (1) A person shall not be guilty, within the meaning of this Chapter, of obstructing the public use public way or work by reason only of his being a party to any meeting or assembly assembled in, or upon near any public way or work, unless the purposes of such assembly are or include the obstruction public by force or threats or show of force. (2) "Obstruction" of the public use of a public way or work includes the making or using of any fetish charm for the purpose of preventing any person from using such way or work. Drunken, Riotous, and Disorderly Conduct Section 290—Habitual Drunkenness. Whoever, having been thrice convicted under the provisions of any enactment for having been drunk behaving violently or indecently or in a disorderly manner is, within one year from the first conviction, drunk, in any public place, shall be guilty of a misdemeanor. Section 291—Being Drunk or Disorderly. (1) Whoever is drunk, riotous, quarrelsome or disorderly in any drunk place licensed for the sale intoxicating liquors or kept for public refreshment, resort or entertainment, and fails to leave such place being requested to do so by the owner, manager, occupier, or his agent or servant, or by any police shall be guilty of a misdemeanour. (2) Every police officer shall on the demand of the owner, manager, occupier, agent or servant assist expelling any such drunken, riotous, quarrelsome or disorderly person from any such place. Drumming and Firing Guns, Etc. Section 293—Allowing Houses, etc., in Town to be used for Drumming. (1) Every occupier of any house, building, yard, or other place situate in any town, who without a licence writing from a district assembly permits any persons to assemble and beat or play or dance therein drum gong, tom-tom or other similar instrument of music, shall be liable to a fine not exceeding ¢100,000.00. (2) A Police Officer may enter any such house, building, yard, or other place where any persons may assembled, and warn them to depart and seize and carry away all such drums, gongs, tom- toms or instruments, which shall be forfeited. (3) Whoever, after being so warned, does not depart forthwith (except the persons actually dwelling house or building), may be apprehended, without warrant, by any Police Officer or person acting in his and shall be liable to a fine not exceeding ¢50,000.00. Section 294—Drumming etc., near Court during Sitting. Whoever during the sitting of a Court, and after being warned by a Police Officer or officer of the Court desist, beats or plays any drum, gong, tom-tom, or other instrument, or makes any loud noise of any within a radius of three hundred yards from the place where such sitting is held shall be liable to a fine exceeding ¢100,000.00. Section 295—Drumming with Intent to Challenge or Insult. Whoever beats a drum with intent to challenge or provoke any other person to commit a breach peace, or with intent to insult or annoy any other person, shall be liable to a fine not exceeding ¢500,000.00. Nuisances and Obstructions in Streets, and the like Section 296—Throwing Rubbish in Street. Whoever does any of the following acts shall be liable to a fine not exceeding ¢200,000 namely— (1) in any town places, or causes or permits to be placed, any carrion, filth, dirt, refuse, or rubbish, offensive or otherwise unwholesome matter, on any street, yard, enclosure, or open space, except at places as may be set apart by the local authority or the health officer for that purpose; or Nuisances. (2) in any town commits a nuisance in any public place or open space, or in any place being appurtenance of or adjoining a dwelling-house; or Defacing Public Notices. (3) wilfully defaces any public lawful notice, or removes the same from any place where it is lawfully affixed; or Defacing building, etc. (4) without the consent of the owner or occupier thereof affixes or attempts to affix any placard, paper, thing on any building, wall, fence, pillar, or post, or writes upon, soils, or marks any such building, fence, pillar, or post; or (5) Repealed by NRCD 311. Pound breach. (6) unlawfully releases any cattle lawfully impounded, or pulls down, damages, or destroys the pound any cattle are lawfully impounded; or Causing Noise in Town. (7) in any town wilfully or wantonly, and after being warned to desist, makes any loud or unseemly howsoever caused to the annoyance or disturbance of any person; or Drumming, etc., in Town at Night. (8) in any town, without a licence in writing from the Minister or a local authority beats or plays any gong, tom-tom, or other similar instrument of music between eight o'clock at night and six in the morning; Throwing Stones, etc. (9) in any town throws or discharges any stone or other missile in or into any public place; or Behaving violently in Prison, etc. (10) is drunk and is disorderly or behaves violently or indecently in any prison or Court or public place; Behaving irreverently in place of Worship. (11) behaves irreverently or indecently in any church, chapel, mosque, or other place appropriated religious worship; or Disturbing Public Worship. (12) disturbs or molests any minister of religion while celebrating any religious rite or office in any place, or any person assisting or attending at the celebration of such rite or office; or Disturbing Funeral. (13) behaves irreverently or indecently or insultingly at or near any funeral or in or near any public ground during the burial of a body; or Extinguishing or damaging Street Lamp. (14) wantonly extinguishes the light of, or destroys or damages, any street lamp; or Obstructing Working of Telegraph. (15) wilfully obstructs or impedes or delays any person employed in the working of a telegraph or delivery of a telegram, in the execution of his duty; or Obstructing Public Way. (16) by obstructing any public way, wilfully prevents or hinders the free passage of any other person any vehicle; or Impediments in public way. (17) without the consent of the local authority of the Ghana Highway Authority, places or leaves anything public way to the obstruction, danger or annoyance of users of that public way; or Not keeping roadway clear. (18) being the occupier of any land or building situate in a town, does not clear and keep free from underbush, underwood, weeds, high grass, rubbish, rags, broken bottles, refuse, and all offensive (filling up all holes with stones, gravel, or other like materials), the streets or roads, at the front-back, sides thereof, with the drains, gutters, and channels thereon; and, if any such building is unoccupied, owner shall for this purpose be deemed the occupier: Provided that when there are two lots of contiguous to any street, road, drain, gutter, or channel, and facing each other, the occupier of each lot be responsible for keeping clean only the half of the street or road, and the drain, gutter, or channel nearest to his lot; or Injuring drain by cart or cattle. (19) in any town wilfully or negligently causes or permits any vehicle, or anything carried thereby, cattle, to injure any drain, ditch, or trench, at the side of any street, or any bridge, or any part thereof respectively; or Injuring roadway, etc. (20) in any town, without the written consent of the local authority or the Ghana Highway Authority, displaces or takes up or injures the pavement, stones, or material of any public way, or attempts to change or obstruct any water-course; or Assembling for idle, etc., purpose, and not dispersing when required. (21) assembles with other persons in any public place, or in any open space near a public place, for any vicious, or disorderly purpose, or otherwise than in the regular performance or in pursuance of some calling or object, to the annoyance or obstruction of any passenger or person frequenting such public or of any person living in the neighbourhood thereof, and does not move away when required constable; or Allowing ferocious dog at large. (22) suffers to be at large, unmuzzled, any ferocious dog of which he is the owner or has the charge, or on or urges any dog to attack or put in fear any person or cattle; or Allowing dogs to be at large after notice. (23) after public notice given by any person having authority in that behalf directing dogs or other animals be confined on account of suspicion of rabies, suffers any dog or animal specified in such notice to large during the time mentioned in such notice; or Not helping to put out Fire when called upon. (24) being called upon by any officer of a local authority, constable, or Ghana Highway Authority, to give of extinguishing or staying the progress of a fire, refuses or neglects to give such aid according to his or Indecent exposure of person. (25) wilfully and indecently exposes his person in any public place or in view thereof, or exposes his person in any place with intent to insult any person; or Where Slaughter-house provided, Slaughtering cattle elsewhere. (26) in any town for which there is a public slaughter-house appointed by or under any enactment, slaughters any cattle or dresses any carcass for the food of man, within the limits of which such slaughterhouse is appointed, except in such slaughter-house, unless by the licence of the district assembly. Section 297—Rubbish, etc., found in front of premises deemed to have been thrown there by occupier. (1) Where an offence has been committed punishable under paragraph (1) of section 296 and the offender has not been identified or discovered, the fact of any carrion or other substance mentioned in subsection being found in front of any premises shall be prima facie evidence of its having been placed by the occupier of the premises. Arrest of certain offenders. (2) Any person found committing an offence punishable under paragraphs (1) to (15) of section 296 may taken into custody without warrant by any peace officer or health officer or by the owner or occupier property on which or with respect to which the offence is committed, or by his servant or any person authorised by him, and may be detained until he can be delivered into the custody of a constable, who take him, as soon as conveniently may be, before a Chairman of a Tribunal or a Judge. Limitation of time for Prosecution. (3) Every prosecution for an offence under section 296 shall be commenced within one year from the when the offence was committed. Destruction of Ferocious dog. (4) Any dog in respect of which an offence punishable under paragraph (22) or (23) of section 296 has committed may be destroyed by order of the Court.