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Section 315 — Sentence of death not to be passed on pregnant woman

As in force on 17 June 2024.

Timeline 3 versions
  1. 2 January 2011 Enacted
  2. 31 December 2021 Revised edition
  3. 17 June 2024 You are here
  4. 17 August 2026 Latest
315.Sentence of death not to be passed on pregnant woman

(1)Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks fit, the question whether or not the woman is pregnant must, before sentence is passed on her, be determined by the court.

(2)If the court finds the woman pregnant, it must pass a sentence of life imprisonment on her.

(3)If the court finds the woman not to be pregnant, she may appeal to the Court of Appeal against that finding in the manner set out under this Code.

(4)On hearing the appeal mentioned in subsection (3), the Court of Appeal, if satisfied for any reason that the finding should be set aside, must set aside the sentence, and pass a sentence of life imprisonment.