Papua New Guinea

2. EQUALITY AND PARTICIPATION

We declare our second goal to be for all citizens to have an equal opportunity to participate in, and benefit from, the development of our country. 

WE ACCORDINGLY CALL FOR 

… 

12. recognition of the principles that a complete relationship in marriage rests

on equality of rights and duties of the partners, and that responsible parenthood is based on that equality.

Papua New Guinea Constitution-English-PDF.

208B. INTERPRETATION.

For the purposes of this division, 

“exploitation” means the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the removal of organs; 

“Slavery or practices similar to slavery” means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised and includes, but is not limited to, the following: 

(a) the selling, bartering or buying of a person without that person’s consent for value received or other consideration; or 

(b) the selling, bartering or buying of a person under the age of 18 against the best interest of that person, for value received or other consideration; or 

(c) the status of debt bondage intended as the condition of a person who has no real or acceptable alternative but to provide labour or personal services or those of a person under his control to repay a debt, if the value of those services or labour, as reasonably assessed, is not applied towards the liquidation of the debt or the length and nature of those services or labour are not limited and proportionate to the debt; or  

(d) the status of domestic servitude intended as the condition of a person who is forced, by physical or psychological coercion, to work without any real financial reward, deprived of liberty and in a situation contrary to human dignity; 

208C. Trafficking in persons. 

(l), Any person who recruits, transports, transfers, conceals, harbors, or receives any person by: 

(a) threat; or 

(b) use of force or other forms of coercion; or 

(e) abduction; or 

(d) fraud; or 

(e) decepti on; or 

(j) use of drugs or intoxicating liquors; or 

(g) the abuse of office; or 

(h) the abuse of a relationship of trust, authority or dependency; or 

(i) the abuse of a position of vulnerability; or 

(j) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, with the intention that the other person will be subject to exploitation, is guilty of a crime, 

Penalty: Imprisonment for a term not exceeding 20 years, 

(2) If the offence is committed in relation to a person who is under 18 years of age at the time of the offence, the offender is liable to imprisonment for a term not exceeding 25 years. 

(3) If the offender subjects the person to circumstances that result in, or are likely to result in, the death of that person, the offender is liable, subject to Section 19, to imprisonment for life. 

 208D. Trafficking in persons with knowledge or recklessness 

(1) A person who recruits, transfers, conceals, harbours or receives any person by 

(a) threat; or 

(b) use of force or other forms of coercion; or 

(c) abduction; or 

(d) fraud; or 

(e) deception; or 

(f) use of drugs or intoxicating liquors; or 

(g) the abuse of office; or 

(h) the abuse of a relationship of trust, authority or dependency; or 

(i) the abuse of a person of vulnerability; or 

(j) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, knowing, having reasonable grounds to believe, or being reckless as to the fact that the other person will be subject to exploitation, is guilty of a crime. Penalty: Imprisonment for a term not exceeding 15 years. 

(2) If the offence is committed with relation to a person under 18 years of age at that time of the offence, the offender is liable to imprisonment for a term not exceeding 20 years. 

(3) If the offender subjects a person to circumstances that result in, or are likely to result in, the death of that person, the offender is liable, subject to Section 19, to life imprisonment. 

208E. Consent of a trafficked person, not a defence. 

It is not a defence to a charge under Sections 208C or 208D that the trafficked person consented to any acts under those sections. 

335. Deprivation of liberty. 

A person who unlawfully 

(a) confines or detains another in any place against his will; or  

(b) deprives another of his personal liberty,  

is guilty of a misdemeanor. 

Penalty: Imprisonment for a term not exceeding three years. 

PART IV. ACTS INJURIOUS TO THE PUBLIC IN GENERAL. 

Division 2. Offences Against Sexual Morality. 

220. ABDUCTION OF GIRL UNDER 18 WITH INTENT TO HAVE CARNAL KNOWLEDGE.

(1) A person who, with intent that an unmarried girl under the age of 18 years may be unlawfully carnally known by any man (whether a particular man or not), takes her or causes her to be taken out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of that father, mother, or person, is guilty of a misdemeanour. 

Penalty: Imprisonment for a term not exceeding two years. 

(2) It is a defence to a charge of an offence against Subsection (1) to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of 18 years. 

(3) The husband or wife of the accused person is a competent but not a compellable witness. 

Division 2A. Sexual offences against children. 

229G. DEFENCE-MARRIAGE.

[80] A person is not criminally responsible for an offence against this Division in respect of an act if, at the time of the act, the child was over the age of 14 years and the person was married to the child. 

Part V: OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES, AND AGAINST THE REPUTATION OF INDIVIDUALS. 

Division 7. Sexual offences and abduction. 

350. ABDUCTION.

(1) A person who 

(a) with intent– 

(i) to marry or carnally know a woman; or (ii) to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will; or (b) from motives of gain, and with an intent referred to in Paragraph (a), takes or entices away, or detains, a woman who is under the age of 21 years, and who 

(i) has any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any property; or (ii) is a presumptive heiress or co-heiress, or the presumptive next of kin, or one of the presumptive next of kin, to any person who has such an interest, out of the custody or protection of her father or mother, or other person having the lawful care or charge of her, and against the will of the father or mother or other person, 

is guilty of a crime. 

Penalty: Imprisonment for a term not exceeding seven years. 

(2) A person who is convicted of an offence against Subsection (1) that was committed with respect to a woman referred to in Subsection (1)(b) is incapable of taking any estate or interest, legal or equitable, in any property of the woman, or in which she has any interest, or that comes to her as a heiress, co-heiress, or next of kin, and if he has married the woman, all such property shall, on his conviction, be settled in such manner as the National Court, on application by the Attorney-General, orders. 

474. SENDING FALSE CERTIFICATE OF MARRIAGE TO REGISTRAR.

A person who signs or transmits to a person authorized by law to register marriages 

(a) a certificate of marriage; or (b) a document purporting to be a certificate of marriage, that is to his knowledge false in a material particular, is guilty of a crime. Penalty: Imprisonment for a term not exceeding seven years. 

475. FALSE STATEMENTS FOR THE PURPOSE OF REGISTERS OF BIRTHS, DEATHS, AND MARRIAGES.

A person who knowingly, and with intent to procure it to be inserted in a register of births, deaths, or marriages, makes a false statement concerning a matter required by law to be registered in any such register is guilty of a misdemeanour. 

Penalty: Imprisonment for a term not exceeding three years. 

Papua New Guinea Criminal Code Amendment 2013

1. INTERPRETATION.

(1) In this Act, unless the contrary intention appears– 

… 

“minor” means a person who has not attained the age of 21 years; 

 3. CUSTOMARY MARRIAGES.

(1) Notwithstanding the provisions of this Act or of any other law, a native, other than a native who is a party to a subsisting marriage under Part V. may enter, and shall be deemed always to have been capable of entering, into a customary marriage in accordance with the custom prevailing in the tribe or group to which the parties to the marriage or either of them belong or belongs. 

(2) Subject to this Act, a customary marriage is valid and effectual for all purposes. 

 4. RELIGIOUS RITES.

Notwithstanding the provisions of this Act or of any other law, religious rites or ceremonies may be performed in connection with a customary marriage. 

 5. PROTECTION OF WOMEN.

(1) A District Court Magistrate may, by order, forbid the marriage of a woman in accordance with custom, or purportedly in accordance with custom, where the woman objects to the marriage or purported marriage and– 

(a) excessive pressure has been brought to bear to persuade her to enter into the marriage; or (b) in the circumstances it would be a hardship to compel her to conform to custom. 

(2) A person who marries, or purports to marry, a woman in contravention of an order under Subsection (1) is guilty of an offence. 

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding six months, or both. 

(3) Where a marriage or purported marriage by custom has been entered into in contravention of this section, a District Court may, on application made by or on behalf of the woman at the first reasonably practicable opportunity after the marriage or purported marriage, order that the marriage or purported marriage be annulled as from the date of the order, and may make such further or other order in the premises, whether to adjust property rights as though the marriage were dissolved in accordance with custom, or otherwise, as to it seems just. 

 7. MARRIAGEABLE AGE.

(1) Subject to this section– 

(a) a male person is of marriageable age if he has attained the age of 18 years; and (b) a female person is of marriageable age if she has attained the age of 16 years. 

(2) A male person who has attained the age of 16 years but has not attained the age of 18 years, or a female person who has attained the age of 14 years but has not attained the age of 16 years, may apply to a Judge or Magistrate for an order authorizing him or her to marry a particular person of marriageable age. 

… 

 8. CONSENT TO MARRIAGE OF MINOR.

(1) Subject to this Part, where a party to an intended marriage– 

(a) is a minor; and (b) has not previously been married, 

the marriage shall not be solemnized, unless there is produced to the person by whom or in whose presence the marriage is solemnized– 

(c) in respect of each person whose consent is required by this Act to the marriage of the minor (other than a person to whom Paragraph (d) is applicable)– 

(i) the written consent of the person, duly witnessed and dated not earlier than three months before the date on which the marriage is solemnized or, in such cases as are prescribed, such other evidence that the consent of that person to the intended marriage has been given not earlier than such time as the regulations declare to be sufficient for the purposes of this section; or (ii) an effective written consent of a Judge or Magistrate under this Part in place of the consent of that person; or 

(d) in respect of a person whose consent to the marriage of the minor has been dispensed with by a prescribed authority–the written dispensation signed by the prescribed authority. 

(2) (2) For the purposes of Subsection (1), the consent of a person is duly witnessed if his signature was witnessed– 

(a) in the case of a consent signed in Papua New Guinea–by an authorized celebrant, Commissioner for Declarations, justice, lawyer, medical practitioner or commissioned officer of the Police Force; or (b) in the case of a consent signed in Australia–by a person who is a competent witness to a consent under Section 13 of the Marriage Act 1961 of Australia, as in force from time to time; or (c) in the case of a consent signed in any other place–by a diplomatic officer or consular officer, a judge of a court of that place, a magistrate or justice of the peace of or for that place, or a notary public. 

(3) A person shall not subscribe his name as a witness to the signature of a person to a consent to a marriage unless– 

(a) he is satisfied on reasonable grounds as to the identity of the person; and (b) the consent bears the date on which he subscribes his name as a witness. 

(4) A person shall not solemnize a marriage if he has reason to believe that– (a) a person, whose written consent to the marriage of one of the parties is or has been produced for the purposes of this section, has revoked his consent; or (b) the signature of a person to a consent produced for the purposes of this section is forged or has been obtained by fraud; or (c) a consent produced for the purposes of this section has been altered in a material particular without authority; or (d) a dispensation with the consent of a person that has been produced in relation to the marriage has ceased to have effect. 

 9. PERSONS WHOSE CONSENT IS REQUIRED.

(1) The person or persons whose consent is required by this Act to the marriage of a minor shall, subject to this section, be ascertained by reference to Schedule 1 according to the facts and circumstances existing in relation to the minor. 

(2) For the purposes of Schedule 1– 

(a) a minor is an adopted child if he was adopted under– 

(i) the law of Papua New Guinea; or (ii) the law of any other place; and 

(b) a minor born illegitimate whose parents subsequently married each other is the legitimate child of his parents. 

(3) Where an Act provides that a person specified in the Act is to be, or is to be deemed to be, the guardian of a minor, to the exclusion of a parent or other guardian of the minor, that person is the person whose consent is required by this Act to the marriage of the minor. 

(4) Where, under a law, a person specified in the law is, or is to be deemed to be, a guardian of a minor in addition to the parents or other guardian of the minor, the consent of that person is required to the marriage of the minor in addition to the consent of the person or persons ascertained in accordance with Schedule 1. 

 10. DISPENSING WITH CONSENT.

(1) Subject to this section, a prescribed authority may, on written application by a minor, dispense with the consent of a person to a proposed marriage of the minor in a case where the prescribed authority– 

(a) is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain his views with respect to the proposed marriage; and (b) has no reason to believe that he would refuse his consent to the proposed marriage; and (c) has no reason to believe that facts may exist by reason of which it could reasonably be considered improper that the consent should be dispensed with. 

(2) An application under Subsection (1)– 

(a) shall be supported by a statutory declaration by the applicant setting out the facts and circumstances on which the application is based; and (b) may be supported by a statutory declaration by some other person. 

(3) The applicant shall state in his statutory declaration whether he has made any previous applications under Subsection (1) that have been refused, and if so the date on which each such application was refused. 

(4) This section does not authorize a prescribed authority to dispense with the consent of a person to a marriage of a minor where any other person whose consent to the marriage is required by this Act has refused to give his consent, unless a Judge or Magistrate has given his consent under this Part in place of the consent of the other person. 

(5) For the purposes of this section, the fact that a person does not reside in, or is absent from, the country does not of itself make it impracticable to ascertain his views. 

 11. CONSENT BY MAGISTRATE.

(1) Where, in relation to a proposed marriage of a minor– 

(a) a person whose consent to the marriage is required by this Act refuses to consent to the marriage; or (b) an application by the minor under Section 10 for dispensation with the consent of such a person is refused, 

the minor may apply to a Magistrate for the consent of the Magistrate to the marriage in place of the consent of that person. 

(2) Subject to Subsection (3), a Magistrate to whom application is made under Subsection (1) shall hold an inquiry into the relevant facts and circumstances and, if he is satisfied– 

(a) in a case to which Subsection (1)(a) applies–that the person who has refused to consent to the marriage has refused his consent unreasonably; or (b) in a case to which Subsection (1)(b) applies–that, having proper regard for the welfare of the minor, it would be unreasonable for him to refuse his consent to the proposed marriage, 

he may give his consent to the marriage in place of the consent of the person in relation to whose consent the application is made. 

(3) Where a Magistrate to whom an application is made under Subsection (1) is satisfied that the matter could more properly be dealt with by a Magistrate sitting at a place nearer the place where the applicant ordinarily resides, he may, in his discretion, refuse to proceed with the hearing of the application. 

(4) For the purposes of Sections 12 and 14 a refusal under Subsection (3) shall not be deemed to be a refusal of the application. 

(5) Where a Magistrate grants an application under Subsection (1)– 

(a) he shall not issue his consent to the marriage before the expiration of the time prescribed for the purposes of Section 12; and (b) if, within that time, a request for a re-hearing is made under that section he shall not issue his consent unless the request is withdrawn. 

(6) Where a Magistrate gives his consent to the marriage of a minor in place of the consent of a person who has refused to consent to the marriage, the Magistrate may also, on application by the minor, give his consent in place of the consent of any other person if he is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain his views with respect to the proposed marriage. 

(7) For the purposes of Subsection (6), the fact that a person does not reside in, or is absent from, the country does not of itself make it impracticable to ascertain his views. 

 17. VOID MARRIAGES.

(1) Subject to Subsection (2) and to Sections 20 and 21, a marriage is void if– 

(a) either of the parties is, at the time of the marriage, lawfully married to some other person; or (b) the parties are within the prohibited degrees of consanguinity or affinity; or (c) the marriage is not a valid marriage under the law of the place where the marriage takes place, by reason of a failure to comply with the requirements of the law of that place with respect to the form of solemnization of marriages; or (d) the consent of either of the parties is not a real consent because– 

(i) it was obtained by duress or fraud; or (ii) the party is mistaken as to the identity of the other party, or as to the nature of the ceremony 

performed; or (iii) the party is mentally incapable of understanding the nature of the marriage contract; or 

(e) either of the parties is not of marriageable age. 

(2) Subsection (1)(c) does not apply in relation to– 

(a) a marriage that was solemnized under the Marriage (Overseas) Act 1955 of Australia, as in force from time to time, including a marriage to which Section 24 of that Act applies; or (b) a marriage that was solemnized under Part V. of the Marriage Act 1961 of Australia, as in force from time to time, including a marriage to which Section 83 of that Act applies; or (c) any other marriage recognized in Australia by virtue of either of those Acts or the regulations made under either of those Acts. 

 58. MARRYING PERSON NOT OF MARRIAGEABLE AGE, ETC.

(1) Subject to Subsection (3), a person who goes through a form or ceremony of marriage with a person who is not of marriageable age is guilty of an offence. 

Penalty: Imprisonment for a term not exceeding five years. 

(2) Subject to Subsection (4), a person must not go through a form or ceremony of marriage with a person (in this subsection referred to as “the other party to the marriage”) who is a minor unless– 

(a) the other party to the marriage has previously been married; or (b) the written consent of the person, or of each of the persons, whose consent to the marriage of the other party to the marriage is required by this Act has been given or dispensed with in accordance with this Act. 

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding six months. 

(3) It is a defence to a charge of an offence against Subsection (1) if the defendant proves that he believed on reasonable grounds that the person with whom he went through the form or ceremony of marriage was of marriageable age. 

(4) It is a defence to a charge of an offence against Subsection (2) if the defendant proves that he believed on reasonable grounds– 

(a) that the person with whom he went through the form or ceremony of marriage had attained the age of 21 years, or had previously been married; or (b) that the consent of the person, or of each of the persons, referred to in Subsection (2)(b) had been given or dispensed with in accordance with this Act. 

(5) This section does not apply to or in relation to a customary marriage where the custom applying to the marriage recognizes it as being valid. 

 59. FALSE DECLARATIONS, ETC.

(1) A person who wilfully makes a false statement in a declaration under this Act is guilty of an offence. 

(2) A person who, in connection with a proposed religious ceremony of marriage, makes to another person a written statement as to the matters specified in Section 71(5)(b) that, to the knowledge of the first-mentioned person, is false in a material particular is guilty of an offence. 

(3) A person who forges, or forges a signature to, a document for the purpose of inducing another person to solemnize a marriage is guilty of an offence. 

Penalty: A fine not exceeding K1,000.00 or imprisonment for a term not exceeding four years. 

 60. PERSONATION OF PERSON WHOSE CONSENT IS REQUIRED.

A person who falsely represents himself to be a person whose consent to the marriage of another person is required by this Act is guilty of an offence. 

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding six months. 

 61. FORGED CONSENT, ETC.

(1) A person who presents, or causes to be presented, to a person authorized to solemnize marriages, a document– 

(a) purporting to be the consent, or a dispensation with the consent, of a person to a marriage; and (b) the signature to which– 

(i) is, to the knowledge of the first-mentioned person, forged; or (ii) was, to the knowledge of that person, obtained by fraud, 

is guilty of an offence. 

(2) A person who subscribes his name as a witness to the signature of a person to a consent to the marriage of a minor in contravention of Section 8(3) is guilty of an offence. 

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding six months. 

 63. SOLEMNIZING MARRIAGE WHERE LEGAL IMPEDIMENT.

A person who solemnizes a marriage, or purports to solemnize a marriage, in a case where he has reason to believe that there is a legal impediment to the marriage is guilty of an offence. 

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding six months. 

 64. UNAUTHORIZED SOLEMNIZING OF MARRIAGE.

Subject to Section 71(7), a person must not solemnize, or purport to solemnize, a marriage at a place in the country unless he is authorized by or under this Act to solemnize marriages at that place. 

Penalty: A fine not exceeding K400.00 or imprisonment for a term not exceeding six months. 

 SCHEDULE 1 – PERSONS WHOSE CONSENT IS REQUIRED TO THE MARRIAGE OF A MINOR.  

Sec. 9.