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I. Penal Code Cap. 7:01 Laws of Malawi

a. Section 137A The new Section 137A, captioned “Indecent practices between females, ”provides that any female person who, whether in public or private, commits “any act of gross indecency with another female” shall be guilty of an offence and liable to a prison term of five years. b. Section 153 Unnatural offences “Anyone who – (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of any animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature. Shall be guilty of a felony and shall be liable to imprisonment for fourteen years, with or without corporal punishment.” (ILGA) c. Section 156 Indecent Practice Between Males “Any male who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, shall be guilty of a felony and shall be liable to imprisonment for five years, with or without corporal punishment.”

Additional Resources

  • "Sex Between Women Now a Crime in Malawi: New Law Violates Human Rights Obligations of Malawi" IGLHRC, Feb 2011
  • Penal Code from Malawi Legal Information Institute

Published on August 14, 2013       | OutRight Action International an LGBT human rights organization

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