“accuse a person of witchcraft” means to indicate that the person
(a) has used, is using or is likely or able to use non-natural means to cause
(i) death or injury to or disease or disability in any person; or
(ii) destruction or loss of or damage to property of any description;
or
(b) is possessed by a spirit which has caused, is causing or is likely or able to cause
(i) death or injury to or disease or disability in any person; or
(ii) destruction or loss of or damage to property of any description;
“non-natural means” includes the practice of witch-finding.
98 Engaging in practices commonly associated with witchcraft
(1) Any person who engages in any practice knowing that it is commonly associated with witchcraft shall be
guilty of engaging in a practice commonly associated with witchcraft if, having intended thereby to cause harm to
any person, such practice inspires in the person against whom it was directed a real fear or belief that harm will
occur to that person or any member of his or her family, and be liable to a fine not exceeding level ten or
imprisonment for a period not exceeding five years or both.
(2) Spoken or written words shall not in themselves constitute a practice commonly associated with
witchcraft for the purpose of this section, unless accompanied by or used in connection with other conduct
commonly associated with witchcraft.
(3) For the avoidance of doubt it is declared that any person who assists another person to commit the crime
of engaging in a practice commonly associated with witchcraft by giving advice or providing any substance or
article to enable that person to commit the crime shall be liable to be charged as an accomplice to the crime.
(4) A court shall not take judicial notice of any practice that is said to be commonly associated with
witchcraft, but any person who, in the opinion of the court, is suitably qualified to do so on account of his or her
knowledge, shall be competent to give expert evidence as to whether the practice that forms the subject of a
charge under this section is a practice that is commonly associated with witchcraft, whether generally or in the
particular area where the practice is alleged to have taken place.
99 Indicating witches and wizards
(1) Subject to this section, any person who groundlessly or by th e purported use of non-natural means
accuses another person of witchcraft shall be guilty of indicating a witch or wizard and liable
(a) in a case of any purported use of any non-natural means, to a fine not exceeding level ten or
imprisonment for a period not exceeding five years or both;
(b) in any other case, to a fine not exceeding level six or imprisonment for a period not exceeding one year
or both.
(2) For the avoidance of doubt it is declared that no crime is committed by a person who, without t he
purported use of non-natural means and having reasonable grounds for suspecting another person of committing
an offence referred to in section ninety-eight, accuses that person of committing that offence.
(3) It shall not be a defence to a contravention of subsection (1) involving the purported use of any nonnatural means for the person charged to prove that the person he or she accused actually engaged in any practice
commonly associated with witchcraft, but the court may regard such circumstance as mitigatory when assessing
the sentence to be imposed.
100 Employing non-natural means to resolve crimes or delicts
(1) Any person who
(a) by the purported use of non-natural means, intentionally indicates another person as the perpetrator of a
crime or delict; or
(b) in the purported investigation by non-natural means of any crime or delict, requires, advises or incites
another person to undergo any test or consume any substance;
shall be guilty of employing non-natural means to resolve a crime or delict and liable to a fine not exceeding level
ten or imprisonment for a period not exceeding five years or both.
(2) For the avoidance of doubt it is declared that any person who procures the services of another person to
do any act referred to in paragraph (a) or (b) of subsection (1) shall be liable to be charged as an accomplice to the
crime of employing non-natural means to resolve a crime or delict.
(3) It shall not be a defence to a contravention of subparagraph (a) of subsection (1) for the person charged to
prove that the person he or she indicated actually perpetrated a crime or delict, but the court may regard such
circumstance as mitigatory when assessing the sentence to be imposed.
101 Belief in witchcraft to operate in mitigation and not as defence to crimes
It shall not be a defence to murder, assault or any other crime that the accused was actuated by a genuine
belief that the victim was a witch or wizard, but a court convicting such person may take such belief into account
when imposing sentence upon him or her for the crime.
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