To our knowledge Sudan does not have any criminal laws explicitly targeting HIV ‘exposure’, non-disclosure, or transmission. There are general criminal provisions which could be applicable to HIV criminalisation.
The Criminal Code does not directly address HIV criminalisation, however section 142 criminalises ‘harm’ generally and defines this to include the transmission of a disease to another. The penalty under this offence is up to six months’ imprisonment and/or a fine. We are not aware of prosecutions of people living with HIV in Sudan under this, or any other, provision.
An HIV-specific law which would introduce a range of protections against discrimination for people living with HIV as well as regulate their conduct has been proposed twice in Sudan. In 2007 the Draft Law on HIV/AIDS was proposed, and in 2015 reports suggested that the drafting of a new HIV law was underway, however no law seems to have passed. On both occasions the law would have introduced an element of criminalisation, but their extent was not clear.
Criminal Act 1991
Section 142(1). Hurt
There shall be deemed to commit the offence of hurt whoever causes any pain, or disease to another person, and shall be punished, with imprisonment, for a term, not exceeding six months, or with fine, or with both.