Section 295 of the Criminal Code Act in Nigeria. Correction of child, servant, etc.

A blow or other force, not in any case extending to a wound or grievous harm, may be justified for the purpose of correction as follows‐

(1) a father or mother may correct his or her legitimate or illegitimate child, being under sixteen years of age, or any guardian or person acting as a guardian, his ward, being under sixteen years of age, for misconduct or disobedience to any lawful command;

(2) a master may correct his servant or apprentice, being under sixteen years of age, for misconduct or default in his duty as such servant or apprentice;

(3) the master of a ship may correct any person on board his ship who is bound to perform any manual labour, for misconduct or disobedience to any lawful command;

(4) a father or mother or guardian, or a person acting as a guardian, may delegate to any person

whom he or she entrusts permanently or temporarily with the governance or custody of his or her child or ward on his or her own authority for correction, including the power to determine in what cases correction ought to be inflicted; and such a delegation shall be presumed, except in so far as it may be expressly withheld, in the case of a schoolmaster or a person acting as a schoolmaster, in respect of a child or ward;

(5) a person who is authorised to inflict correction as in this section of this Code mentioned may, in any particular case, delegate to any fit person the infliction of such correction; and

(6) no correction can be justified which is unreasonable in kind or in degree, regard being had to the age and physical and mental condition of the person on whom it is inflicted; and no correction can be justified in the case of a person who, by reasons of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.

Section 295 of the Criminal Code Act in Nigeria

Act structure