Section 41 of the law addresses the use of force in correcting a child, servant, or other similar person for misconduct. It outlines the circumstances under which a blow or other force may be justified for the purpose of correction.
(a) A parent, whether father or mother, is permitted to correct their legitimate or illegitimate child who is under sixteen years of age. This also extends to any guardian or person acting as a guardian, who may correct their ward under the same conditions, for misconduct or disobedience to any lawful command.
(b) Furthermore, a master is authorized to correct their servant or apprentice who is under sixteen years of age, in the event of misconduct or default in their duty as such servant or apprentice.
(d) Additionally, a parent, guardian, or person acting as a guardian, has the authority to delegate the power of correction to any person whom they entrust permanently or temporarily with the governance or custody of their child or ward. This delegation includes the power to determine when correction ought to be inflicted. Such delegation is presumed, except where expressly withheld, in the case of a schoolmaster or a person acting as a schoolmaster in respect of a child or ward.
(e) Moreover, a person who is authorized to inflict correction as outlined in this section may delegate the infliction of such correction to any fit person in any particular case.
(f) It is important to note that no correction can be justified if it is unreasonable in kind or in degree, taking into consideration the age and physical and mental condition of the person on whom it is inflicted. Furthermore, no correction can be justified in the case of a person who, due to tender years or other reasons, is incapable of understanding the purpose for which it is inflicted.
In summary, while the law allows for the use of force in correcting a child, servant, or similar person for misconduct, it is essential that such correction is reasonable and takes into account the individual's age and condition. Additionally, it emphasizes the importance of delegation of authority in certain circumstances.
-By Ama Governor | Ghana Crimes
