Assault and Wounds and Blows in Mauritius

In Mauritius, intentionally striking, pushing, kicking or otherwise applying unlawful violence may be prosecuted under the Criminal Code provisions on “wounds and blows”. The charging provision depends on the injury, the resulting incapacity, premeditation and the victim's status. A familiar label such as “simple assault” is therefore less useful than the medical evidence and the precise section written on the charge.

How the Criminal Code classifies wounds and blows

Section 228 addresses a wilful wound, blow or other violence that causes illness or incapacity for personal labour lasting more than 20 days. It also deals with specified grave outcomes, including loss of an eye or limb and certain permanent disabilities. Section 230 covers a wilful wound, blow or other violence where the resulting illness or incapacity does not exceed 20 days, as well as violence causing no such illness or incapacity.

The 20-day line is about the proved medical consequence, not the number of days before a complaint was made. Nor does “personal labour” simply mean paid employment. Investigators and the court need the clinical record and the injured person's actual functional limitation. Conduct with a sexual element may engage separate offences discussed in the guide to sexual offences in Mauritius.

What makes an assault more serious

Premeditation or lying in wait materially changes the statutory treatment. Under section 229, premeditated violence within section 228 can carry a maximum of 20 years' penal servitude where death did not result. Section 230 also increases the available punishment for its lower-injury category where premeditation or lying in wait is proved. Planning must itself be established; carrying an object or an earlier argument is evidence to analyse, not an automatic finding.

Victim vulnerability is expressly relevant. Current sections 228 and 230 contain aggravated rules where the victim is a minor or a person with an intellectual or physical disability and the offender has custody or authority. Section 231 separately addresses violence against a parent, spouse or cohabiting partner and against the minor child of a spouse or partner. For violence in an intimate relationship, criminal proceedings can operate alongside the distinct protective-order process explained in domestic violence and criminal charges.

Medical evidence after the incident

Seek medical attention for health reasons first. For evidential purposes, the contemporaneous record may document the location and appearance of injuries, pain, treatment, imaging, time away from ordinary activity and follow-up findings. A photograph without a date or clinical context cannot by itself establish how an injury occurred or how long incapacity lasted.

Keep the medical certificate and receipts, discharge paper, prescriptions and appointment record. Photograph visible injuries over time without editing the images, preserve the original files and note who took them. If clothing or an object bears blood or damage, do not wash or alter it before asking the police how it should be handled. Later compensation evidence may also require proof of treatment costs and lost earnings rather than a round estimate.

Suppose two customers argue outside a café in Quatre Bornes and one pushes the other, who falls and fractures a wrist. The legal assessment will not end with whether the initial push looked slight. Investigators will examine intention, causation, the medical consequences, witness and CCTV evidence, and any claim that the force was defensive.

Reporting to the Police and preserving other evidence

The Mauritius Police Force says a complaint may be made orally or in writing at the nearest police station; an oral complaint is reduced to writing and signed. If another unit or station is responsible, the matter may be transferred. In an emergency the Police publish 999 as the emergency number. Ask for the occurrence or reference details that the station can provide, and read a statement carefully before signing it.

Identify evidence that can disappear quickly: the exact location and time, names and contact details of witnesses, nearby cameras, vehicle registrations, call logs, messages and social-media posts. A request to preserve CCTV should go to the controller promptly because retention systems differ. Do not coach witnesses or circulate their accounts in a group chat; independent recollections are more probative than a collectively edited version.

Self-defence and provocation are different concepts

Section 245 was replaced in 2025 and now recognises force that is reasonably justifiable in specified circumstances, including defence of a person or property, a lawful arrest, suppression of a riot and prevention of an offence. Section 246 separately states that homicide, wounds and blows are not crimes when an actual necessity for lawful defence of oneself or another person is established. Necessity and the reasonableness of the response must be assessed from the facts; saying “self-defence” does not close the inquiry.

Provocation under sections 240 to 244 works differently. Wounds and blows may be “excusable” where immediately provoked by severe blows or violence against the accused or certain relatives, but an excuse reduces the statutory punishment under section 244 rather than making the conduct lawful. Insulting words alone do not become a licence to retaliate. Evidence of sequence, timing and whether the danger had ended is consequently central.

Penalties and the court process

Maximum penalties are ceilings, not forecasts. Section 230's basic category carries up to two years' imprisonment and a fine up to 50,000 rupees; its aggravated variants are higher. Section 228 ranges from imprisonment and a fine for the over-20-day category to substantially higher punishment for grave injury or death, with further aggravation in specified cases. The current section, the prosecution's particulars and any amendments should be read before advising on exposure.

The forum and procedure depend on the charge. The prosecution must prove each element beyond reasonable doubt, while the defence may challenge identification, intention, causation, medical duration or raise a lawful defence supported by evidence. Cases involving a child may also engage the protections and reporting context outlined in offences against children. The chambers' contentious and high-profile practice includes criminal advocacy.

Can a complainant withdraw the case?

A complainant can tell the police or prosecuting authority that they no longer wish to support the allegation and explain why. That communication does not itself terminate a public prosecution. The Director of Public Prosecutions has the statutory prosecutorial role, and the authorities may consider the available statement, medical evidence, witnesses, public interest and any concern about pressure or intimidation.

Never offer money, threaten consequences or press a witness to alter a statement. A genuine factual correction should be made through the investigating officer or legal representative, preserving both versions and explaining the error. An accused person should comply strictly with bail or no-contact conditions even if the complainant initiates contact; only the competent authority can change an order.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.