(1) Where an offender who, in the opinion of the court, had not attained the age of seventeen years at the time the offence was committed, has been found guilty of an offence against either section 37 or 38 of this Code, such offender shall not be sentenced to death but shall be ordered to be detained during the pleasure of the President and upon such an order being made the provisions of Part 44 of the Criminal Procedure Act shall apply.
[1066 No. 84. L.N. 112 of 1964. 1967 No. 27. Cap. C41.]
(2) Where a woman who has been convicted of an offence against either section 37 or 38 of this Code alleges she is pregnant, or where the judge before whom she is convicted considers it advisable to have inquiries made as to whether or not she be pregnant, the procedure laid down in section 376 of the Criminal Procedure Act shall first be complied with.
Section 39 of the Criminal Code Act in Nigeria