Afghanistan, Islamic Republic of

Last updated on: 29 June 2012

Criminalisation of HIV transmission/exposure

Afghanistan, Islamic Republic of
Whether Specific law enacted: 
-
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

Criminal Law: 

Penal Code 1976. Official Gazette No. 347 Published 1976/10/06 (13355/07/15 A.P)

Penal Code 1976 Article 372

(1) A person who deliberately commits an act in cases other than that mentioned above which results in the propagation of a dangerous disease shall be sentenced to medium imprisonment of a term of up to three years.

(2) If as a result of commitment of the act mentioned in the above paragraph loss of human life takes place, or permanent disability is caused, the person committing the act shall be sentenced in the light of circumstances to the punishment anticipated for the crime of permanent disability in this law.

Penal Code 1976 Article 373

(1) A person who causes the propogation of a dangerous disease by mistake shall be sentenced to short imprisonment and a cash fine of at least five thousand Afghanis.

(2) If as a result of commitment of the act mentioned in the above paragraph loss of human life takes place or permanent disability is caused, the person commiting the act shall be sentenced in light of circumstances to the anticipated punishment for murder or physical torture.

Discussion: 

To our knowledge there have been no prosecutions or convictions for the transmission of HIV occuring under this law so the application of the law to alleged HIV transmission is, at present, merely theoretical.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Imprisonment of less than 10 years

Female to Female Relationships: Not Legal

Age of consent: Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org