vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
(a) by his statements or actions represents himself to be a witch or to have the power
of witchcraft; 639 or
** [accusing others of witchcraft] 640
(b) makes or sells or uses or has in his possession or represents himself to be in
possession of any juju, drug or charm which is intended to be used or reported to
possess the power to prevent or delay any person from doing an act which such
person has a legal right to do, or to compel any person to do an act which such person
has a legal right to refrain from doing or which is alleged or reported to possess the
power of causing any natural phenomenon or any disease or epidemic; 641 or
(c) presides at or takes part in 642 the worship or invocation of any juju which has
been declared unlawful under the provisions of section 408; 643 or
(d) is in possession of or has control over any human remains which are used or are
intended to be used in connection with the worship or invocation of any juju; 644 or
(e) makes or uses or assists in making or using or has in his possession anything
whatsoever the making, use, or possession of which has been declared unlawful under
the provisions of section 408
shall be punished with death. 645
410. 646 Whoever:
(a) unlawfully accuses or threatens to accuse any person with being a witch or having
the power of witchcraft; or
(b) attends any place where the offence of trial by ordeal or the offences relating to
witchcraft and juju are being committed,
shall be punished with imprisonment for a term which may extend to one month and may
also be liable to caning which may extend to twenty lashes.
411. Whoever with intent does any act of witchcraft or juju which causes the death of a
human being shall be punished with death. 647
412. ** [unlawful sexual behaviours under the guise of medical treatment] 648
638 Kano, Katsina omit this section entirely, cf. note to §407.
639 Bauchi adds: “or engages in the practice of sorcery or witchcraft”.
640 PC and all SPCs (except those which omit this entire section) have the following inserted here as
subsection (b): “accuses or threatens to accuse any person with being a witch or with having the power
of witchcraft”. For this provision in this code see §410(a) below.
641 Bauchi omits this subsection.
642 PC and all SPCs which have this section: “presides at or is present at or takes part in”.
643 Bauchi: “or invocation of any object of witchcraft or sorcery”.
644 Bauchi: “or invocation of any object of witchcraft or sorcery”.
645 PC: 2 years/fine/both.
646 Neither PC nor any SPC has this section. Subsection (a) is included in most other codes as
subsection (b) of what is here §409, see note in that place, and subsection (b) is to a large extent
covered in other codes in what is here §407.
647 Neither PC nor any SPC has this section.
648 Kano and Katsina divide this section on “criminal charms” into two subsections, the first of which,
included in no other code, reads as follows: “(1) Whoever engages in unlawful sexual behaviours under
the guise of offering medical treatment, invocation [sic: ?] under the guise of curing an illness or
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