Incest by Males (Section 158)

Incest by Males (Section 158)

Section 158 of the Penal Code criminalizes incestuous sexual relations initiated by males with specific female relatives, namely granddaughters, daughters, sisters, or mothers, where the male is aware of their familial relationship.

The penalties for incest committed by a male are based on the age of the female relative:

• If the female is under eighteen years: The male offender is subject to a minimum prison sentence of thirty years.
• If the female is eighteen years or older: The male offender faces a minimum prison sentence of twenty years.

The law specifies that consent from the female is irrelevant, meaning that the offence is committed regardless of whether the female family member agreed to the act. This aims to protect family relationships from any exploitation or abuse of power and to ensure that consent does not justify the offense in any way.

Additionally, an attempted incestuous act is also punishable, meaning even if the sexual intercourse does not occur, the attempt alone constitutes a criminal offence under this section.