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Offences Against the Person Act 1861

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This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Homicide

    1. 1.Murder.

    2. 2.Sentence for Murder.

    3. 3.Body to be buried in Prison.

    4. 4.Conspiring or soliciting to commit Murder

    5. 5.Manslaughter.

    6. 6.Indictment for Murder or Manslaughter.

    7. 7.Excusable Homicide.

    8. 8.Petit Treason.

    9. 9.Murder or Manslaughter abroad.

    10. 10.Provision for the Trial of Murder and Manslaughter where the Death or Cause of Death only happens in England or Ireland.

  3. Attempts to murder

    1. 11.Administering Poison, or wounding with Intent to murder.

    2. 12.Destroying or damaging a Building with Gunpowder, with Intent to murder.

    3. 13.Setting fire to or casting away a Ship with Intent to murder.

    4. 14.Attempting to Administer Poison, or shooting or attempting to shoot or attempting to drown &c., with Intent to murder.

    5. 15.By any other Means attempting to commit Murder.

  4. Letters threatening to murder

    1. 16.Sending Letters threatening to murder.

  5. Acts causing or tending to cause Danger to Life or bodily Harm

    1. 17.Impeding a Person endeavouring to save himself from Shipwreck.

    2. 18.Shooting or attempting to shoot, or wounding with Intent to do grievous bodily Harm.

    3. 19.What shall constitute loaded Arms.

    4. 20.Inflicting bodily Injury, with or without Weapon.

    5. 21.Attempting to choke, &c. in order to commit any indictable Offence.

    6. 22.Using Chloroform, &c. to commit any indictable Offence.

    7. 23.Maliciously administering Poison, &c. so as to endanger Life or inflict grievous bodily Harm.

    8. 24.Maliciously administering Poison, &c. with Intent to injure, aggrieve, or annoy any other Person.

    9. 25.If the Jury be not satisfied that any Person charged is guilty of Felony; but guilty of Misdemeanor they may find him guilty accordingly.

    10. 26.Not providing Apprentices or Servants with Food, &c. whereby Life endandered.

    11. 27.Exposing Children whereby Life endangered.

    12. 28.Causing bodily Injury by Gunpowder.

    13. 29.Causing Gunpowder to explode, to any Person an explosive Substance, or throwing corrosive Fluid on a Person, with Intent to do grievous bodily Harm.

    14. 30.Placing Gunpowder near a Building, with Intent to do bodily Injury to any Person.

    15. 31.Setting Spring Guns, &c., with Intent to inflict grievous bodily Harm.

    16. 32.Placing Wood, &c., on a Railway, with Intent to endanger Passengers.

    17. 33.Casting Stone, &c. upon a Railway Carriage, with Intent to endanger the Safety of any Person therein.

    18. 34.Doing or emitting anything to endanger Passengers by Railway.

    19. 35.Drivers of Carriages injuring Persons by furious Driving.

  6. Assaults

    1. 36.Obstructing or assaulting a Clergyman or other Minister in the Discharge of his Duties.

    2. 37.Assaulting a Magistrate, &c. on account of his preserving Wreck.

    3. 38.Assault with Intent to commit Felony, or on Peace Officers, &c.

    4. 39.Assaults with Intent to obstruct the Sale of Grain, or its free Passage.

    5. 40.Assaults on Seamen, &c.

    6. 41.Assaults arising from Combination.

    7. 42.Persons committing any Common Assault or Battery may be imprisoned or compelled by Two Magistrates to pay Fine and Costs not exceeding 5l.

    8. 43.Persons convicted of aggravated Assaults on Females and Boys under Fourteen Years of Age may be imprisoned or fined.

    9. 44.If the Magistrates dismiss the Complaint, they shall make out a Certificate to that Effect.

    10. 45.Certificate or Conviction shall be a Bar to any other Proceedings.

    11. 46.These Provisions not to apply to certain Cases.

    12. 47.Assault occasioning bodily Harm.

  7. Rape, Abduction, and Defilement of Women

    1. 48.Rape.

    2. 49.Procuring the Defilement of Girl under Age.

    3. 50.Carnally knowing a Girl under Ten Years of Age.

    4. 51.Carnally knowing a Girl between the Ages of Ten and Twelve.

    5. 52.Attempt to commit the last Two Offences.

    6. 53.Abduction of a Woman against her Will, from Motives of Lucre. Fraudulent Abduction of a Girl under Age against the Will of her Father, &c. Offender incapable of taking any of her Property.

    7. 54.Forcible Abduction of any Woman with Intent to marry her.

    8. 55.Abduction of a Girl under Sixteen Years of Age.

  8. Child-stealing

    1. 56.Child-stealing.

  9. Bigamy

    1. 57.Bigamy. Offence may be dealt with where Offender shall be apprehended. Not to extend to Second Marriages, &c. herein stated.

  10. Attempts to procure Abortion

    1. 58.Administering Drugs or using Instruments to procure Abortion.

    2. 59.Procuring Drugs, &c. to cause Abortion.

  11. Concealing the Birth of a Child

    1. 60.Concealing the Birth of a Child.

  12. Unnatural Offences

    1. 61.Sodomy and Bestiality.

    2. 62.Attempt to commit an infamous Crime.

    3. 63.Carnal Knowledge defined.

  13. Making Gunpowder to commit Offences, and searching for the same

    1. 64.Making or having Gunpowder, &c., with Intent to commit any Felony against this Act.

    2. 65.Justices may issue Warrants for searching Houses, &c. in which explosive Substances are suspected to be made for the Purpose of committing Felonies against this Act

  14. Other Matters

    1. 66.A Person loitering at Night, and suspected of any Felony against this Act, may be apprehended.

    2. 67.Punishment of Principals in the Second Degree, and Accessories.

    3. 68.Offences committed within the Jurisdiction of the Admiralty.

    4. 69.Hard labour in Gaol or House of Correction.

    5. 70.Solitary Confinement and Whipping

    6. 71.Fine, and Sureties for keeping the Peace; in what Cases.

    7. 72.No Certiorari, &c.

    8. 73.Guardians and Overseers may be required to prosecute in certain Cases of Offences against this Act. Costs of Prosecution. Clerk of Guardians may be bound over to prosecute.

    9. 74.On a Conviction for Assault the Court may order Payment of the Prosecutor's Costs by the Defendant.

    10. 75.Such Costs may be levied by Distress.

    11. 76.Summary Proceedings in England may be under the 11 & 12 Vict. c. 43., and in Ireland under the 14 & 15 Vict. c. 93. Except in London and the Metropolitan Police District.

    12. 77.The Costs of the Prosecution of Misdemeanors against this Act may be allowed.

    13. 78.Act not to extend to Scotland.

    14. 79.Commencement of Act

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