Clause 17

by deleting the words “vulnerable adult” in subsections (1) and (2) and substituting in each case the words “vulnerable person”;

by deleting the words “one and a half times” in subsection (2) and substituting the word “twice”;

by inserting, immediately after subsection (2), the following subsection:“(2A) This section does not apply where the offender proves that despite being a vulnerable person the victim was capable of protecting himself from the offender in respect of the harm caused by the offence in the same manner as an ordinary person who is not a vulnerable person.”;

by deleting subsections (3), (4) and (5) and substituting the following subsections:“(3) The offence to which this section applies is any offence under this Code which may be committed against a vulnerable person except an offence —

under section 304B, 304C, 335A or 376F; or

punishable with death or imprisonment for life.(4) Despite anything to the contrary in the Criminal Procedure Code —

a Magistrate’s Court has jurisdiction to try the offences specified in subsection (3), where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

a District Court has jurisdiction to try the offences specified in subsection (3) and has power to impose the full punishment provided under subsection (2) in respect of those offences.(5) In this section —“abuse” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018 (Act 27 of 2018);“self-neglect” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018;“vulnerable person” means an individual who is, by reason of mental or physical infirmity, disability or incapacity, substantially unable to protect himself from abuse, neglect or self‑neglect.”; and

by deleting the words “vulnerable adults” in the section heading and substituting the words “vulnerable persons”.