Clause 88

Any person shall be guilty of an offence who is or acts as a member of a group —

knowing that the common object of the members of the group is to commit an offence under this Code or any written law;

knowing that —

death or grievous hurt is likely to be caused in furtherance of the group’s common object; or

a deadly weapon, or anything which, used as a weapon of offence, is likely to cause death, is to be used in any manner against another person in the furtherance of that common object; and

the death of a person was caused in furtherance of the group’s common object.IllustrationThree members of a group including A decide to rob a neighbourhood shop. The group leader, B brings a sharp knife but B reassures A that the knife is only to be used to threaten the shopkeeper, C, and not to harm C. A believes B and takes part in the robbery. C however refuses to surrender his cash to the group. B then stabs C with the knife and C dies from his stab wounds. A is guilty of an offence under this section because A knew that the knife was to be used to threaten another person, C, in furtherance of the group’s common object to commit robbery.(2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for life or imprisonment for a term which may extend to 20 years, and shall also be liable to caning.(3) In subsection (1), “group” has the meaning given by section 2(1) of the Organised Crime Act 2015 (Act 26 of 2015).Concealment, desecration or disposal of corpse that impedes discovery, identification, criminal investigations or prosecutions308B.—

A person shall be guilty of an offence who intentionally or knowingly conceals, desecrates or disposes of a human corpse and by such act impedes or prevents —

the discovery or identification of a human corpse; or

the detection, investigation or prosecution of an offence under this Code or any other written law.(2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 7 years.(3) In this section, “desecrate”, in relation to a human corpse, includes any act committed after the death of a living person including but not limited to dismemberment, disfigurement, mutilation, burning, or any act committed to cause the human corpse in whole or in part to be devoured, scattered or dissipated.”.