Section 307 of the CPCs stipulates that
- Whosoever uses without having been provoked by against any person in the circumstances of publicity described in section 152 any insulting expressions or contemptuous gestures or words, or invective without imputation shall be punished with imprisonment for from 5 days to three months and with a fine of from 5000 to 1,000,000frs, or with both such fine and imprisonment.
- No prosecution may be commenced without the complaint of the injured party or of his representative by law or by custom on continued after withdrawal of the complaint.
- Prosecution shall be barred by the lapse of four months from the commission of the offence or from the last step in preparation or prosecution.
- This section shall apply to abuse of the memory of a diseased person in the circumstances prescribed by section 305(5).
This section is supported by Law No.97-9 of January 1997 against Torture. This Law amends Section 132(a)(1)-(4) which states that:
- Where torture results in unintentional death of the victim, it shall be punished with life imprisonment.
- Where as a result of torture, the victim is permanently deprived of the use of the whole or any part of a limb, organ, or senses, the punishment shall be imprisonment for from ten to twenty years.
- Where torture results in illness or industrial disablement of more than 30 days, the punishment shall be for from 5 to 10 years and a fine of from 100,000 frs to 1,000,000 frs.
- Where torture results in illness or industrial disablement of up to 30 days or moral pain and suffering, the punishment shall be imprisonment for from 2 months to 5 years and a fine of from 50,000frs to 200,000frs.
This is provided by Section 358-1 which states that a spouse who sends away the other from their matrimonial home without any judicial proceedings or no valid reason shall be punished with imprisonment from 3 months to 1 year and a fine of 50,000 frs to 500,000frs.
The penalty shall increase from 2 to 5 years if the victim is a pregnant woman and if the eviction is accompanied by physical or psychological violence, confiscation or destruction of personal effects of the victim as put forward by Section.
This is equally supported by Article 6 of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women( PACHPRW) which states that State Parties shall ensure that women and men enjoy equal rights and are regarded as equal partners in marriage.
- iv) Desertion
1) This is put forward by section 358 of the Penal Code which states that any spouse or parent who evades the matrimonial home without any just cause be it by desertion of the family home or otherwise, or the whole or any part of his moral obligations towards his spouse or children shall be punished with imprisonment of from 3 months to 1 year or with a fine of from 5000 to 500,000frs.
2) Where a spouse alone has been deserted, no prosecution may be commenced without his or her complaint.
3) The same shall apply to a guardian or person responsible by custom who evades his obligations by law to or custom towards any child in his custody.
4) Upon conviction, the court may order the forfeitures described in section 30 of the penal code, disqualify the offender from being guardian or curator of any child for the time fixed by section 31(4) and for the same period deprived him of parental power in respect of any one or more of his children.