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Section 16

of Native Courts Native Customary Laws Rules 1995

State Subsidiary LegislationIn forceProvision 16 of 58

Section 16

(1)

Any person who has sexual intercourse with another person’s fiance or fiancee commits a breach of native customary law of mianu-anu and shall be liable -

(i)

Paragraph

(a)

to pay to such aggrieved party as the Court may determine sogit of 1 head of livestock or other things of equivalent value in accordance with adat fine; and

(b)

to pay to the aggrieved party denda malu of 1 head of livestock; or

(ii)

in default thereof -

(a)

to a fine not exceeding 1000 ringgit; or

(b)

to an imprisonment for a term not exceeding 6 months; or

(c)

to both fine and imprisonment.

(2)

If any breach under this rule results in the termination of any betrothal, the person in breach shall be liable -

(i)

Paragraph

(a)

to pay to such aggrieved party as the Court may determine sogit not exceeding 2 heads of livestock or other things of equivalent value in accordance with adat fine; and

(b)

to pay to the aggrieved party denda malu of 1 head of livestock; or

(ii)

in default thereof -

11

(a)

to a fine not exceeding 2000 ringgit; or

(b)

to an imprisonment for a term not exceeding 12 months; or

(c)

to both fine and imprisonment.

Enticement of another person’s fiance or fiancee.