Section 148 prohibits sodomy with a penalty of flogging (100 lashes) and five years imprisonment. When the offence is committed three times the punishment is life imprisonment or the death penalty. The provision is only applicable to sexual intercourse between men.1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
- Death penalty applies
1. Penal Code 1991, Section 148 Sodomy
“(1) Any man who inserts his penis or its equivalent into a woman’s or a man’s anus or permitted another man to insert his penis or its equivalent in his anus is said to have committed Sodomy.
(2) (a) Whoever commits Sodomy shall be punished with fogging one hundred lashes and he shall also be liable to five years imprisonment.
(b) If the offender is convicted for the second time he shall be punished with fogging one hundred lashes and imprisonment for a term which may not exceed five years.
(c) If the offender is convicted for the third time he shall be punished with death or life imprisonment.” Full text.
2. Penal Code 1991, Section 151 Indecent Acts
“Whoever commits an act of gross indecency upon the person of another person or any sexual act which does not amount to Zina or Sodomy shall be punished with not more than forty lashes and shall also be liable for imprisonment for a term which may not exceed one year or fine.” Full text.