Last Change:

04/08/2025

Somali Penal Code

Year: 1962

Type: Domestic law

Rights Category: Liberty & security of person, Nationality & facilitated naturalization

Description

The Somali Penal Code, enacted in December 1962 and effective from April 3, 1964, serves as the foundational legal document governing criminal offenses and their corresponding penalties in Somalia.

Selected provisions
Section 398 - Carnal Violence

1. - Whoever with violence or threats has carnal intercourse with a person of the other sex, shall be punished with imprisonment [96 P.C.] for five to fifteen years.
2. - The same punishment shall be imposed on anyone who has
carnal intercourse with a person of the other sex who is incapable of
giving consent or with a person who has been deceived by the offender personating as another person.
3. - The same punishment shall be imposed also on a public officer
[240 a P.C.] who, by abusing his power, has carnal intercourse with a
person of the other sex who is under arrest or detained in custody under the said officer by reason of his office or entrusted to him in execution of an order of the competent authority.
4. - For purposes of penal law [398, 400 P.C.], penetration of the
male sexual organ shall constitute carnal intercourse

Article 59 - Persons Under Fourteen Years of Age

Whoever, at the time he committed an act, had not attained fourteen years of age, shall not be liable.

Article 60 - Persons Under Eighteen Years of Age

Whoever, at the time he committed an act, had attained fourteen years of age but not eighteen years, shall be liable if he had the capacity of understanding and of volition; but the punishment shall be reduced.
When imprisonment imposed is less than five years, or in cases of pecuniary punishment, conviction shall not entail any accessory penalties.
In cases of more serious punishment, conviction shall only entail interdiction from public offices for a period not exceeding five years.

Article 460 - Seizure of a Person

Whoever deprives another of personal liberty shall be punished with imprisonment from six months to eight years.

Article 461 - Illegal Arrest

A public officer who, other than in the cases allowed by law, effects an arrest, or, being in charge of a prison, receives therein any person without an order from the competent Authorities, or unduly delays the execution of the punishment, shall be punished with imprisonment up to three years.

Article 462 - Abuse of Authority Towards Person Arrested or Detained

A public officer who subjects to rigorous measures not allowed by law a person arrested or detained, of whom he has the custody, even temporarily, shall be punished with imprisonment up to three years.

Article 6 - Offences Committed in the Territory of the State

1. - Whoever commits an offence [15 P.C.] in the territory of the State
[4 Const., 42 P.C.] shall be punished according to Somali penal law.
2. - An offence shall be deemed to be committed in the territory of
the State whene the act or omission constituting it occurred therein in
whole or in part, or where the consequences of the act or omission
occurred therein

Article 328 - Publication Tendencious News Circulation False, Exaggerated or Capable of Disturbing Public Order

Whoever publishes or circulates false, exaggerated or tendencious news so as to 255 disturb public order shall be punished, where the act does not consti- lute a more serious offence (15 P.c.]. with imnrisonment 196 P.C.] un to six months or with fine [97 P.C.] up to Sh. So. 3,000.