THE PENAL CODE
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This Act may be cited as the Penal Code and is referred to as “this Code”.
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This Act may be cited as the Penal Code and is referred to as “this Code”. This section is titled “Disapplication of Indian Penal Code.” This section preserves certain existing liabilities and powers, and prevents a person from being punished twice for the same offence under this Code and another listed law. This Code must be interpreted using ordinary construction principles for written law, subject to the Interpretation of Laws Act and defined expressions in the Code. This section defines many terms used in the Code, such as court, dwelling house, harm, offence, public place, and utter.
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- 1 Verify source ↗
Short title
This Act may be cited as the Penal Code and is referred to as “this Code”.
1. This Act may be cited as the Penal Code, and hereinafter is referred to as “this Code”. Disapplication - 2 Verify source ↗
Disapplication
This section is titled “Disapplication of Indian Penal Code.”
2. [Disapplication of Indian Penal Code.] 582 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Saving of certain laws Ord. No. 49 of 1955 s. 2; R.L. Cap. 500 s. 36 - 3 Verify source ↗
Saving of certain laws
This section preserves certain existing liabilities and powers, and prevents a person from being punished twice for the same offence under this Code and another listed law.
3.–(1) This Code shall not affect- (a) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Mainland Tanzania other than this Code; (b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in Mainland Tanzania relating to the jurisdiction of the courts in respect of acts done beyond the ordinary jurisdiction of those courts; (c) the power of any court to punish a person for contempt of court; or (d) any power of the President to grant a pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed. (2) Where a person commits an offence which is punishable under this Code and is also punishable under another law of any of the kinds mentioned in this section, he shall not be punished for that offence both under that law and also under this Code. CHAPTER II INTERPRETATION General rule of construction Act No. 14 of 1980 s. 3 Cap. 1
Part
CHAPTER II
- 4 Verify source ↗
General rule of construction
This Code must be interpreted using ordinary construction principles for written law, subject to the Interpretation of Laws Act and defined expressions in the Code.
4. Subject to the provisions of the Interpretation of Laws Act and the expressions specifically defined in this Code, this Code shall be construed according to the principles of construction which may be applied to any written law, with regard to Tanzanian conditions and without applying any principle of strict construction relating to penal legislation. Interpretation R.L Cap. 500 ss.8 and 36; R.L. Cap. 537 6th Sch.; R.L.Cap.553 2nd Sch.; - 5 Verify source ↗
Interpretation
This section defines many terms used in the Code, such as court, dwelling house, harm, offence, public place, and utter.
5. In this Code, unless the context requires otherwise- “court” means a court of competent jurisdiction; “dwelling house” includes any building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or 583 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Acts Nos. 55 of 1963 6th Sch.; 16 of 1964 2nd Sch.; 2 of 1965 Sch.; 24 of 1966 2nd Sch.; 50 of 1968 1st Sch.; 14 of 1980 s. 4 any of them, and it is immaterial that it is uninhabited; a building or structure adjacent to or occupied with a dwelling house is deemed to be part of the dwelling house if there is communication between that building or structure and the dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise; “harm” means any bodily hurt, disease or disorder whether permanent or temporary; “dangerous harm” means harm endangering life; “grievous harm” means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense; “judicial proceeding” includes any proceeding had or taken in or before court, tribunal, commission or person in which or before whom evidence may be taken on oath; “knowingly” used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used; “local government authority” means a local government authority established by law; “maim” means the destruction or permanent disabling of any external or internal organ, member or sense; “money” includes bank notes, currency notes, bank drafts, cheques and other orders, warrants or requests for the payment of money; “night” or “nighttime” means the period between seven o’clock in the evening and six o’clock in the morning; “offence” means an act, attempt or omission punishable by law; “person” and “owner” and other like terms when used with reference to property include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the Government; 584 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] “person employed in the public service” means any person holding any of the following offices or performing the duty thereof, whether as a deputy or not, namely- (a) any public office of the President, and any office the power of appointing a person to which or of removing from which is vested in the President or in a commission or board to which the President has delegated his function of, or which is established by written law for the purpose of, making appointments to any office; (b) any office to which a person is appointed or nominated under any law; (c) any public office, the power of appointing to which or removing from which, is vested in any person or persons holding an office of any kind included in paragraph (a) or (b); or (d) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any law; and also means- (i) a justice of the peace; (ii) a member of a commission of inquiry appointed under or in pursuance of any law; (iii) any person employed to execute any process of a court; (iv) a member of the Regular Force of the Defence Forces, a member of the National Service, and any other member of the Defence Forces when on duty; (v) a person in the employment of any government department; (vi) a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intended marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect; 585 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Cap. 257 Cap. 212 (vii) a member of a local government authority; (viii) a municipal councilor; (ix) a person in the employment of a local government authority; (x) any person employed by or in the service of any public corporation established under the Public Corporations Act or a corporation established by or under any written law other than the Companies Act or a company incorporated under the Companies Act which is wholly owned by the Government or which is a subsidiary of any public corporation; “possession” “be in possession of ” or “have in possession” includes- (a) not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place, whether belonging to, or occupied by oneself or not, for the use or benefit of oneself or of any other person; (b) if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them; “property” includes everything animate or inanimate capable of being the subject of ownership; “public” refers not only to all persons within Mainland Tanzania but also to the persons inhabiting or using any particular place, or any number of those persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used; “public way” includes any highway, market place, square, street, bridge or other way which is lawfully used by the public; 586 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] “public place” or “public premises” includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings, or assembly or as an open court “publicly” when applied to an act means either- (a) that it is so done in any public place as to be seen by any person whether such person is in a public place; or (b) that it is so done in any place not being a public place as to be likely to be seen by any person in a public place; “utter” includes using or dealing with and attempting to use or deal with and attempting any person to use, deal with or act upon the thing in question; “valuable security” includes any document which is the property of any person and which is evidence of the ownership of any property or of the right to recover or receive any property; “vessel” includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft; “wound” means any incision or puncture which divides or pierces any exterior membrane of the body; and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane. CHAPTER III TERRITORIAL APPLICATION OF THIS CODE Extent of jurisdiction of local courts Acts Nos. 31 of 1966 2nd Sch.; 14 of 1980 s. 5; 11 of 2010; s. 18;
Part
CHAPTER III
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Extent of jurisdiction of local courts
The Courts of Tanzania’s jurisdiction for this Code reaches specified places and offences, including territorial waters, certain offences by Tanzanian citizens outside Tanzania, offences on Tanzanian-registered aircraft, and offences on the high seas.
6.–(1) The jurisdiction of the Courts of Tanzania for the purposes of this Code extends to- (a) every place within the territorial waters; (b) any offence committed by a citizen of Tanzania in any place outside Tanzania; 587 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (c) any offence committed by any person on an aircraft registered in Tanzania; and (d) offences committed by any person on the high seas. (2) For the purposes of this section the term “high seas” means the open seas of the world outside the jurisdiction of any state. Offences committed partly within and partly beyond jurisdiction - 7 Verify source ↗
Offences committed partly within and partly beyond jurisdiction
If part of an offence is done within the court’s jurisdiction, the person may be tried and punished under this Code as if the act had been done entirely within that jurisdiction.
7. When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction. CHAPTER IV GENERAL RULES AS TO CRIMINAL RESPONSIBILITY Ignorance of law
Part
CHAPTER IV
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9. Bona fide claim of right
Ignorance of the law is not a valid excuse for conduct that would otherwise be an offence, unless the offence expressly requires knowledge of the law.
8. Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence. Bona fide claim of right - 9 Verify source ↗
Bona fide claim of right
A person is not criminally responsible for a property offence if the act was done under an honest claim of right and without intent to defraud.
9. A person is not criminally responsible in respect of an offence relating to property if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud. Relevance of intention or motive - 10 Verify source ↗
Relevance of intention or motive
A person is not criminally responsible for acts or omissions done without will, or for accidental events, subject to any express rules on negligent acts and omissions.
10.–(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will or for an event which occurs by accident. (2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial. 588 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Mistake of fact (3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility. - 11 Verify source ↗
Mistake of fact
A person is not criminally responsible for an act or omission done under an honest and reasonable mistaken belief about the facts, unless the law for that subject excludes this rule.
11.–(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. (2) The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject. Presumption of sanity - 12 Verify source ↗
Presumption of sanity
Everyone is presumed to be of sound mind, including for any time that is questioned, unless the contrary is proved.
12. Every person is presumed to be of sound mind and to have been of sound mind at any time which comes in question until the contrary is proved. Insanity Act No. 31 of 1997 Sch. - 13
A person is not criminally responsible for an act or omission if, because of a disease affecting the mind, they cannot understand what they are doing, cannot appreciate that they ought not to do it, or cannot control the act or omission.
13.–(1) A person shall not be criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind- (a) incapable of understanding what he is doing; (b) incapable of appreciating that he ought not to do the Intoxication act or omission; or (c) does not have control of the act or omission. (2) A person may be criminally responsible for an act or omission although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects referred to in subsection (1) to that act or omission. - 14
Intoxication is generally not a defence to a criminal charge, except in the situations stated in this section.
14.–(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge. (2) Intoxication shall be a defence to a criminal charge if by reason thereof the person charged at the time of the act or omission complained of, he did not understand what he was doing and- (a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or 589 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission. (3) Where the defence under subsection (2) is established, then in a case falling under paragraph (a) of that subsection the accused shall be discharged and in a case falling under paragraph (b) of that subsection the provisions of this Code and of the Criminal Procedure Act relating to insanity shall apply. (4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence. (5) For the purpose of this section “intoxication” shall be deemed to include a state produced by narcotics or drugs. - 15 Verify source ↗
16. General immunity for officers
Children under 10 are not criminally responsible, and those under 12 are generally not criminally responsible unless capacity is proved. Boys under 12 are presumed incapable of sexual intercourse, and unlawful acts by persons under 12 are dealt with under the Law of the Child Act.
15.–(1) A person under the age of ten years is not criminally responsible for any act or omission. (2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that, at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. (3) A male person under the age of twelve years is presumed to be incapable of having sexual intercourse. (4) A person under the age of twelve years who commits an act or omission which is unlawful shall be dealt with under the Law of the Child Act. - 16 Verify source ↗
General immunity for officers
A judicial officer is not criminally liable for acts or omissions done bona fide in the exercise of judicial function, unless this Code expressly provides otherwise.
16. Save as is expressly provided by this Code, no act or thing done or omitted to be done by a judicial officer shall, if the act or omission was done or omitted bona fide in the exercise of his judicial function, render the judicial officer criminally liable for the act or omission. Cap. 20 Immature age Acts Nos. 4 of 1998 s. 4; 21 of 2009 s. 174 Cap. 13 General immunity for officers Act No. 2 of 1970 Sch. Compulsion Act No. 21 of 2009 s. 175 - 17 Verify source ↗
Compulsion
A person is not criminally responsible if an offence is committed by two or more offenders and the person acts or omits to act only because they are immediately threatened with death or grievous bodily harm.
17. A person is not criminally responsible for an offence if it is committed by two or more offenders and if the act is done or omitted only because during the whole of the time in which 590 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence, unless the offender is a child. Defence of person or property Act No. 14 of 1980 s. 6 - 18 Verify source ↗
Defence of person or property
A person is not criminally liable for acts done in self-defence, defence of another, or defence of property, subject to section 18A and the Code.
18. Subject to the provisions of section 18A, a person is not criminally liable for an act done in the exercise of the right of self defence or the defence of another or the defence of property in accordance with the provisions of this Code. Right of defence Act No. 14 of 1980 s. 7 Cap. 287 Use of force in defence Act No. 14 of 1980 s. 7 - 18A Verify source ↗
Right of defence
Every person has a right to defend themselves or another person against unlawful acts, assault, or bodily violence, and to defend property against unlawful seizure, destruction, or violence.
18A.–(1) Subject to the provisions of this Code, every person has the right- (a) to defend himself or any other person against any unlawful act or assault or violence to the body; or (b) to defend his own property or any property in his lawful possession, custody or under his care or the property of any other person against any unlawful act of seizure or destruction or violence. (2) In this section, the expression “property of any other person” includes any property belonging to the Government or a public corporation or an employer or any property communally owned by members of the public as a co-operative society or a village, whether or not that village is registered under the Local Government (District Authorities) Act. - 18B Verify source ↗
Use of force in defence
A person may use only reasonable force that is necessary when defending self, another person, or property.
18B.–(1) In exercising the right of self defence or in defence of another or in defence of property, a person shall be entitled to use only such reasonable force as may be necessary for that defence. (2) A person shall be criminally liable for any offence, resulting from excessive force used in self defence or in defence of another or in defence of property. (3) A person who causes the death of another as the result of excessive force used in defence, shall be guilty of manslaughter. 591 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] When right of defence extends to causing death Act No. 14 of 1980 s. 7 Use of force in effecting arrest - 18C Verify source ↗
When right of defence extends to causing death
The right of self-defence, defence of another, or defence of property can extend to causing death or grievous harm, if the person acts in good faith and on reasonable grounds that the act is necessary. It can also extend to risking harm to an innocent person or property when defence cannot otherwise be effectively exercised.
18C.–(1) The right of self defence or the defence of another or defence of property shall extend to a person who, in exercising that right, causes death or grievous harm to another and the person so acting, acts in good faith and with an honest belief based on reasonable grounds that his act is necessary for the preservation of his own life or limb or the life or limb of another or of property, in the circumstances where- (a) the unlawful act is of such a nature as may reasonably cause the apprehension that his own death or the death of another person could be the consequence of that act; (b) the unlawful act is of such a nature as may reasonably cause the apprehension that grievous harm to his own body or the body of another could be the consequence of that unlawful act; (c) the unlawful act is with the intention of committing rape or defilement or an unnatural offence; (d) the unlawful act is with the intention of kidnapping or abducting; or (e) the unlawful act is burglary or robbery or arson or any offence which endangers life or property. (2) Where in the exercise of a right of defence in accordance with this Code, the person exercising that right is in such a situation that he cannot effectively exercise that right without risk of harm to an innocent person or property, his right of defence extends to the running of that risk. - 19 Verify source ↗
Use of force in effecting arrest
When a court decides whether force used during an arrest was necessary or reasonable, it must consider how serious the offence was and the circumstances of that offence.
19. Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary or the degree of force used was reasonable for the apprehension of such person, have regard to the gravity of the offence which had been, or was being, committed by that person and the circumstances in which such offence had been, or was being, committed by that person. 592 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Compulsion by husband - 20 Verify source ↗
Compulsion by husband
A married woman is not excused from criminal responsibility just because the act happened in her husband’s presence. For a wife charged with an offence other than treason or murder, proof that the offence was committed in her husband’s presence and under his coercion is a good defence.
20. A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence and under the coercion of the husband. Person not to be punished twice for same offence Ord. No. 49 of 1955 s. 3 - 21 Verify source ↗
Person not to be punished twice for same offence
A person must not be punished twice for the same offence, whether under this Code or any other law.
21. A person shall not be punished twice, either under the provisions of this Code or under the provisions of any other law, for the same offence. Principal offenders CHAPTER V PARTIES TO OFFENCES
Part
CHAPTER V
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Principal offenders
People who help, encourage, or procure an offence can be treated as principal offenders and charged as if they committed it.
22.–(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing namely- (a) every person who actually does the act or makes the omission which constitutes the offence; (b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; (c) every person who aids or abets another person in committing the offence; (d) any person who counsels or procures any other person to commit the offence, in which case he may be charged either with committing the offence or with counseling or procuring its commission. (2) A conviction of counseling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. (3) A person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission the act or omission would have constituted an 593 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] offence on his part, is guilty of an offence of the same kind and shall be liable to the same punishment as if he had himself done the act or the omission. Offences committed by joint offenders in prosecution of common purpose - 23 Verify source ↗
Offences committed by joint offenders in prosecution of common purpose
If two or more people share a common unlawful purpose and an offence is committed that was a probable consequence of that purpose, each person is treated as having committed the offence.
23. When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence. Counseling another to commit offence - 24 Verify source ↗
Counseling another to commit offence
If a person counsels someone to commit an offence, and that person later commits an offence that is a probable consequence of the counsel, the counsellor is treated as having counseled the offence actually committed.
24. When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person whom it is given, it is immaterial whether the offence actually committed is the same as that counseled or a different one, or whether the offence is committed in the way counseled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel and in either case the person who gave the counsel is deemed to have counseled the other person to commit the offence actually committed by him. CHAPTER VI PUNISHMENTS Kinds of punishments
Part
CHAPTER VI
- 25 Verify source ↗
Kinds of punishments
A court may impose the punishments listed in this section, including death, imprisonment, corporal punishment, fines, forfeiture, compensation, security, and any other punishment allowed by this Code or another law.
25. The following punishments may be inflicted by a court: (a) death; (b) imprisonment; (c) corporal punishment; (d) fine; (e) forfeiture; (f) payment of compensation; (g) finding security to keep the peace and be of good behavior or to come up for judgment; (h) any other punishment provided by this Code or by any other law. 594 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Sentence of death Acts Nos. 55 of 1963 6th Sch.; 31 of 1997 Sch.; 9 of 2002 Sch. - 26 Verify source ↗
Sentence of death
This section says a death sentence must be carried out by hanging, but pregnant women and people under 18 at the time of the offence get different treatment.
26.–(1) When a person is sentenced to death, the sentence shall direct that he shall suffer death by hanging: Provided that, if a woman convicted of an offence punishable with death is alleged to be pregnant, the court shall inquire into the fact and, if it is proved to the satisfaction of the court that she is pregnant the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death. (2) The sentence, of death shall not be pronounced on or recorded against any person who at the time of the commission of the offence was under eighteen years of age, but in lieu of the sentence of death, the court shall sentence that person to be detained during the President’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister responsible for legal affairs may direct, and whilst so detained shall be deemed to be in legal custody. (3) When a person has been sentenced to be detained during the President’s pleasure under subsection (2), the presiding judge shall forward to the Minister responsible for legal affairs a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing such recommendation or observation on the case as he may think fit to make. (4) The superintendent of a prison or other place in which a person under the age of eighteen years is detained by a direction of the Minister under subsection (2), shall make a report in writing to the Minister of the condition, history and character of such person at the expiration of a period of ten years from the period of the Minister’s direction. (5) Upon receipt and consideration of the report under subsection (4), the Minister may order that a person under the age of eighteen years be discharged or otherwise dealt with on such conditions as to his remaining under the supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the said person and the public as the Minister shall think fit. 595 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Imprisonment Act No. 9 of 2002 Sch. Cap. 291 Corporal punishment Act No. 55 of 1963 6th Sch. Caps. 90 and 17 Fines Acts Nos. 13 of 1972 Sch.; 25 of 2002 Sch.; 13 of 2019 s. 66 - 27 Verify source ↗
Imprisonment
A person liable to imprisonment may also be ordered to pay a fine, or in some cases be sent to community service under a community service order.
27.–(1) [Omitted by virtue of s. 30 of Act No. 6 of 1995]. (2) A person liable to imprisonment may be sentenced to pay a fine in addition to, or instead of, imprisonment, or where the court so determines under the Community Service Act, to community service under a community service order. - 28 Verify source ↗
Corporal punishment
If this Code makes a person liable to corporal punishment, any punishment awarded must be carried out under the Corporal Punishment Act, subject to the Minimum Sentences Act.
28. Subject to the provisions of the Minimum Sentences Act, where in this Code it is provided that any person shall be liable to undergo corporal punishment, such punishment shall, if awarded, be inflicted in accordance with the provisions of the Corporal Punishment Act. - 29 Verify source ↗
Fines
This section sets default rules for fines: the court has discretion on fines and imprisonment, may order imprisonment in default and levy by distress, and must keep default imprisonment within the stated scale.
29. Where a fine is imposed under any law, in the absence of express provisions relating to the fine in that law the following provisions shall apply- (a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited but shall not be excessive; (b) in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court; (c) in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with a fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion- (i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant: (ii) 596 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so; (d) the term of imprisonment ordered by a court in respect of money adjudged to be paid upon conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale: Not exceeding Shs. 50,000/= Exceeding Shs. 50,000/= but not exceeding Shs. 100,000/= Exceeding Shs. 100,000/= but not exceeding Shs. 500,000/= Exceeding Shs. 500,000/= but not exceeding Shs. 1,000,000/= Exceeding Shs. 1,000,000/= 14 days 2 months 6 months 12 months 24 months (e) the imprisonment which is imposed in default of payment of a fine shall terminate when the fine is either paid or levied by process of law. - 30 Verify source ↗
Forfeiture
If a person is convicted under section 111 or 112, the court may order forfeiture to the Republic of property connected with the offence, or an assessed sum if the property cannot be forfeited or found.
30. When a person is convicted of an offence under section 111 or 112, the court may, in addition to or in lieu of, any penalty which may be imposed, order the forfeiture to the Republic of any property which has passed in connection with the commission of the offence, or if the property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property and payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine. 597 Forfeiture R.L. Cap. 400 s. 15; R.L. Cap. 500 s. 12 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Compensation Cap. 20 Costs Cap. 20 Security for keeping peace - 31 Verify source ↗
Compensation
A court may order a person convicted of an offence to pay compensation to someone injured by the offence.
31. In accordance with the provisions of section 368 of the Criminal Procedure Act, any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence and the compensation may be either in addition to or in substitution for any other punishment. - 32 Verify source ↗
Costs
A court may order a convicted person to pay the costs of the prosecution, subject to section 365 of the Criminal Procedure Act.
32. Subject to the limitations imposed by section 365 of the Criminal Procedure Act, a court may order any person convicted of an offence to pay the costs of and incidental to the whole or part of the prosecution. - 33 Verify source ↗
Security for keeping peace
The court may require a person convicted of a non-capital offence to enter recognisance, with or without sureties, to keep the peace and be of good behavior, and may order imprisonment until the recognisance is entered, subject to stated limits.
33. A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognisance, with or without sureties, in such amount as the court thinks fit, requiring him to keep the peace and be of good behavior for a time to be fixed by the court, and may be ordered to be imprisoned until such recognisance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognisance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine. Repealed - 34 Verify source ↗
Repealed
Section 34 is marked as repealed and includes a heading about general punishment for offences where no penalty is prescribed.
34. [Repealed by Ord. No. 5 of 1961 s. 2.] General punishment for offences where penalty not prescribed Act No. 1 of 2022 s. 43 Sentences cumulative unless otherwise ordered - 35 Verify source ↗
General punishment for offences where penalty not prescribed
If the Code does not expressly provide a punishment for an offence, the offence is punishable by up to five years’ imprisonment, a fine, or both.
35. When in this Code no punishment is expressly provided for any offence, it shall be punishable with imprisonment for a term not exceeding five years or with a fine or to both. - 36 Verify source ↗
Sentences cumulative unless otherwise ordered
A later sentence generally runs after the earlier sentence, unless the court orders it to run concurrently.
36. Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence, other than a sentence of death or of 598 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] corporal punishment, which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence unless the court directs that it shall be executed concurrently with the former sentence or any part of that sentence: Provided that, a court shall not direct that a sentence of imprisonment in default of payment of a fine be executed concurrently with a former sentence under section 29(c)(i) or with any part of that sentence. Escaped convicts to serve unexpired sentences when recaptured - 37 Verify source ↗
Escaped convicts to serve unexpired sentences when recaptured
If an escaped convict is sentenced again, the new sentence takes effect immediately for death, fine, or corporal punishment, and imprisonment is handled under the rules that follow.
37. When sentence is passed under this Code on an escaped convict, the sentence, if of death, fine or corporal punishment shall, subject to the provisions of this Code, take effect immediately and, if of imprisonment, shall take effect according to the following rules, that is to say- (a) if the new sentence is severer than the sentence which the convict was undergoing when he escaped, the new sentence shall take effect immediately and he shall serve any period of imprisonment in respect of his former sentence which remained unexpired at the time of his escape after he has completed serving his new sentence; (b) when the new sentence is not severer than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has served imprisonment for a further period equal to that part of his former sentence which remained unexpired at the time of his escape. Absolute and conditional discharge Ord. No. 5 of 1961 - 38 Verify source ↗
Absolute and conditional discharge
A court may discharge a convicted person absolutely, or conditionally for up to 12 months, if punishment is not suitable and probation is not appropriate.
38.–(1) Where a court by or before which a person is convicted of an offence is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may make an order discharging him absolutely or, if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified in the order. 599 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Commission of further offence Ord. No. 5 of 1961 s. 3 (2) An order discharging a person subject to the condition referred to in subsection (1) is hereinafter referred to as “an order for conditional discharge” and the period specified in that order as “the period of conditional discharge”. (3) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence. (4) Where an order discharging an offender is made under this section the court may order him to pay any compensation adjudged under section 31 or any costs ordered under section 32 of this Code. - 38A Verify source ↗
Commission of further offence
If a person on conditional discharge is convicted of another offence during the discharge period, courts and magistrates may take steps to bring the person before court, hold the person in custody or on bail, and impose sentence; the conditional discharge order then stops having effect if sentence is imposed for the original offence.
38A.–(1) Where it appears to a judge or a magistrate that a person in respect of whom an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge he may, upon information in writing and on oath, issue a summons requiring that person to appear at the place and time specified therein or may issue a warrant for his arrest. (2) A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the court by which the order for conditional discharge was made. (3) Where a person in respect to whom an order for conditional discharge has been made is convicted by a magistrate of an offence committed during the period of conditional discharge, the magistrate may commit him to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the order for conditional discharge was made. (4) Where it is proved to the satisfaction of the court by which the order for conditional discharge was made that the person in respect of whom the order was made has been convicted of an offence committed during the period of 600 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Effect of conviction and discharge Ord. No. 5 of 1961 conditional discharge, the court may pass any sentence upon him which it could pass if he had just been convicted by that court of the original offence. (5) Where a person in respect of whom an order for conditional discharge has been made by a magistrate is convicted by the High Court of an offence committed during the period of conditional discharge, the High Court may pass any sentence upon him which the court made the order for conditional discharge could pass as if he had just been convicted by that court of the original offence. (6) Where under the provisions of this section, a person who has been conditionally discharged is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect. - 38B Verify source ↗
Effect of conviction and discharge
A conviction followed by an absolute or conditional discharge is generally treated as not being a conviction, except for the original proceedings and any later section 38A proceedings.
38B.–(1) Subject to the provisions of subsection (2), where a person is convicted of an offence and discharged either absolutely or conditionally under the provisions of section 38, his conviction for that offence shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against him under the provisions of section 38A: Provided that, where a person who has been conditionally discharged is subsequently sentenced under section 38A for the offence in respect of which the order for conditional discharge was made, this section shall cease to apply in respect of that offence and he shall be deemed to have been convicted on the date of the sentence. (2) This section shall not affect- (a) the right of any person who has been convicted and discharged either absolutely or conditionally to appeal against his conviction or to rely thereon in bar of any subsequent proceedings for the same offence; or (b) the revesting or restoration of any property in consequence of the conviction of that person. 601 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] PART II CRIMES Division I. - Offences against Public Order CHAPTER VII TREASON AND OTHER OFFENCES AGAINST THE REPUBLIC Treason Act No. 2 of 1970 Sch.
Part
CHAPTER VII
- 39 Verify source ↗
Treason
Section 39 says treason includes several acts against the President or the United Republic, and conviction carries a death sentence.
39.–(1) A person who, being under allegiance to the United Republic- (a) in the United Republic or elsewhere, murders or attempts to murder the President; or (b) in the United Republic, levies war against the United Republic, commits treason and on conviction, shall be sentenced to death. (2) A person who, being under allegiance to the United Republic, in the United Republic or elsewhere, forms an intention to effect or to cause to be effected, or forms an intention to instigate, persuade, counsel or advise any person or group of persons to effect or to cause to be effected, any of the following acts, deeds or purposes, that is to say- (a) the death, maiming or wounding, or the imprisonment or restraint, of the President; (b) the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Defence Forces of the United Republic; (c) the overthrow by unlawful means, of the Government of the United Republic; or (d) the intimidation of the Executive, the Legislature or the Judiciary of the United Republic, and manifests such intention by publishing any writing or printing or by any overt act or deed whatsoever commits treason and on conviction, shall be sentenced to death. 602 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (3) A person who, being under allegiance to the United Republic- (a) adheres to the enemies of the United Republic or gives them aid or comfort, in the United Republic or elsewhere; (b) instigates, whether in the United Republic or elsewhere, any person to invade the United Republic with an armed force; or (c) takes up arms within the United Republic in order, by force of constraint, to compel the Government of the United Republic to change its measures or counsels, or in order to put any force or constraint on, or in order to intimidate or overawe, the Government of the United Republic, commits treason and on conviction, shall be sentenced to death. (4) A person who, being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic does any act which is designed or likely to give assistance to such enemy, or to interfere with the maintenance of public order or the Government of the United Republic, or to impede the operation of the Defence Forces or the Police Force, or to endanger life, commits treason and on conviction, shall be sentenced to death. - 40 Verify source ↗
Treasonable offences
A person who is not under allegiance to the United Republic and acts with intent to help an enemy may commit an offence, and on conviction is sentenced to death.
40. A person who, not being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic, would amount to the offence of treason under section 39, commits an offence and on conviction, shall be sentenced to death. - 41 Verify source ↗
Misprision of treason
A person who helps treason after the fact, or who knows treason is planned and does not promptly inform an administrative officer, magistrate, or police officer or otherwise try to stop it, commits misprision of treason and may be imprisoned for life.
41. A person who- (a) becomes an accessory after the fact to treason or to a treasonable offence; or (b) knowing that any person intends to commit treason or treasonable offence does not give information thereof with all reasonable dispatch to an administrative officer or a magistrate or a police officer, or use other 603 Treasonable offences Act No. 2 of 1970 Sch. Misprision of treason Act No. 2 of 1970 Sch. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] reasonable endeavours to prevent the commission of the offence, commits an offence termed as “misprision of treason” and on conviction, shall be liable to imprisonment for life. Omitted - 42 Verify source ↗
Omitted
This section is omitted and does not state a substantive rule in the source text.
42. [Omitted.] Promoting warlike undertakings Act No. 2 of 1970 Sch. - 43 Verify source ↗
Promoting warlike undertakings
A person without lawful authority must not carry on, prepare for, aid, or devise any war or warlike undertaking in the United Republic; conviction carries life imprisonment.
43. A person who, without lawful authority, carries on or makes preparation for carrying on, or aids in or devises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in the United Republic, commits an offence and on conviction, shall be liable to imprisonment for life. Replaced - 44 Verify source ↗
Replaced
This section is titled “Inciting mutiny” and is marked as replaced.
44. [Replaced by C.A. 2 of 1962 s. 36.] Inciting mutiny R.L Cap. 500 s. 8; Acts Nos. 24 of 1966 2nd Sch.; 1 of 2022 s. 44 - 45 Verify source ↗
46. Aiding soldiers or police officers in acts of mutiny
A person who deliberately tries to persuade or incite members of the listed services or law enforcement organs into mutiny-related conduct commits an offence and can be imprisoned for life.
45. A person who advisedly attempts to effect any of the following purposes, that is to say- (a) to seduce any member of the Police Force, the Prisons Service or the National Service or any other law enforcement organ from his duty and allegiance to the United Republic; (b) to incite any such person to commit an act of mutiny or any traitorous or mutinous act; or (c) to incite any such person to make or endeavour to make a mutinous assembly, commits an offence and shall be liable to imprisonment for life. Aiding soldiers or police officers in acts of mutiny Acts Nos. 24 of 1966 2nd Sch.; 1 of 2022 s. 45 - 46 Verify source ↗
Aiding soldiers or police officers in acts of mutiny
A person commits an offence if they help, encourage, or are accessory to mutiny, or if they incite certain law enforcement members to sedition or disobey a lawful superior order.
46. A person who- (a) aids, abets, or is accessory to, any act of mutiny by any member of the Police Force, Prisons Service or National Service or any other law enforcement organ; or (b) incites any member of the Police Force, Prisons Service or National Service or any other law enforcement organ to sedition or to disobedience to any lawful order given by a superior officer commits an offence. 604 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Inducing soldiers or police officers to desert Acts Nos. 24 of 1966 2nd Sch.; 1 of 2022 s. 46 Aiding prisoners of war to escape Cap. 500 s. 36 Act No. 1 of 2022 s. 47 - 47 Verify source ↗
Inducing soldiers or police officers to desert
A person must not help, encourage, or hide a deserter from the Police Force, Prisons Service, National Service, or another law enforcement organ.
47. A person who, by any means whatsoever, directly or indirectly- (a) procures or persuades or attempts to procure or persuade to desert; (b) aids, abets or is accessory to the desertion of; or (c) having reason to believe he is a deserter, harbours or aids in concealing, any member of the Police Force, Prisons Service or National Service or any other law enforcement organ commits an offence and shall be liable to imprisonment for six months. - 48 Verify source ↗
Aiding prisoners of war to escape
A person must not knowingly help a prisoner of war who is an enemy of the United Republic escape, and may be imprisoned for life if they do.
48. A person who- (a) knowingly and advisedly aids an enemy of the United Republic who is a prisoner of war, whether the prisoner is confined in a prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Mainland Tanzania, commits an offence, and shall be liable to imprisonment for life; (b) negligently or unlawfully permits the escape of any person referred to in paragraph (a) commits an offence. Definition of overt act - 49 Verify source ↗
Definition of overt act
For offences in this Chapter where intention must be shown by an overt act, a conspiracy to achieve the purpose or any act done to further it is treated as an overt act showing that intention.
49. In the case of any of the offences set out in this Chapter, when the manifestation by an overt act of the intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose and every act done in furtherance of the purpose by any of the persons conspiring is deemed to be an overt act manifesting the intention. Repealed 50-54. [Repealed by Act No. 3 of 1976 s. 551.] Seditious intention Ord. No 18 of 1950 s. 2; R.L. Cap. 455 s. 19; R.L. Cap. 500 s. 36 - 55 Verify source ↗
Seditious intention
This section defines “seditious intention” and lists conduct that is not seditious only because it criticizes government or seeks lawful change.
55.–(1) A seditious intention is an intention to- (a) bring into hatred or contempt or to excite disaffection against the lawful authority of the United Republic or its Government; 1 Note: Sections 51, 52, 53,54, 56, 57, 58, 63, 63A were re-enacted in the Newspapers Act 605 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (b) excite any of the inhabitants of the United Republic to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the United Republic as by law established; (c) bring into hatred or contempt or to excite disaffection against the administration of justice in the United Republic; (d) raise discontent or disaffection amongst any of the inhabitants of the United Republic; or (e) promote feelings of ill-will and hostility between different classes of the population of the United Republic. (2) An act, speech or publication is not seditious by reason only that it intends to- (a) show that the Government has been misled or mistaken in any of its measures; (b) point out errors or defects in the Government or Constitution of the United Republic as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects; (c) persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic as by law established; or (d) point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of the United Republic. (3) In determining whether or not the intention with which any act was done, any words were spoken or any document was published is seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself. Repealed 56-58. [Repealed by Act No. 3 of 1976 s. 55.] 606 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Unlawful oaths to commit offences Other unlawful oaths to commit offences - 59 Verify source ↗
Unlawful oaths to commit offences
A person must not administer, consent to administering, or take an oath or engagement that binds someone to commit a death-eligible offence; doing so is an offence punishable by life imprisonment on conviction.
59. A person who- (a) administers, or is present at and consents to, the administering of any oath or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or (b) takes any such oath or engagement, not being compelled to do so, commits an offence and on conviction, shall be liable to imprisonment for life. - 60 Verify source ↗
Other unlawful oaths to commit offences
A person must not administer, consent to administering, or take certain oaths or engagements tied to mutiny, sedition, unlawful associations, silence, or concealment of illegal acts; taking such an oath without compulsion is an offence punishable by seven years’ imprisonment.
60. A person who- (a) administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it- (i) to engage in any mutinous or seditious enterprise; (ii) to commit any offence not punishable with death; (iii) to disturb the public peace; (iv) to be of any association, society or confederacy, formed for the purpose of doing any of the acts referred to in subparagraphs (i) to (iii) of this paragraph; to obey the orders or commands of any committee or other body of persons not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose; (vi) not to inform or give evidence against any (v) associate, confederate or other person; or (vii) not to reveal or discover any unlawful association, society or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of the oath or engagement; (b) takes any such oath or engagement, not being compelled to do so, commits an offence and shall be liable to imprisonment for seven years. 607 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Compulsion as defence Act No. 1 of 2022 s. 48 Unlawful drilling R.L. Cap. 455 s. 20 Act No. 1 of 2022 s. 49 - 61 Verify source ↗
Compulsion as defence
A person who took the oath or engagement cannot rely on compulsion as a defence unless they make a sworn disclosure within 14 days, subject to stated force, sickness, and service exceptions.
61. A person who takes any oath or engagement referred to in section 60 cannot set up as a defence that he was compelled to do so unless, within fourteen days after taking it or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before a magistrate or, if he is on actual service in the military forces of the United Republic in the Police Force or any other law enforcement organ, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter including the persons by whom and in whose presence, and the place where and the time when the oath or engagement was administered or taken. - 62 Verify source ↗
Unlawful drilling
A person must not train or drill others in arms or military exercises, or attend such a meeting for that purpose, unless the Minister responsible for home affairs gives permission.
62.–(1) A person who- (a) without the permission of the Minister responsible for home affairs, trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or (b) is present at any meeting or assembly of persons, held without the permission of the Minister responsible for home affairs, for the purpose of training or drilling any other person to the use of arms or the practice of military exercises, movements or evolutions, commits an offence and shall be liable to imprisonment for fourteen years. (2) A person who, at any meeting or assembly held without the permission of the Minister responsible for home affairs, is trained or drilled to the use of arms or the practice of military exercises, movements or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, commits an offence. Repealed 63-63A. [Repealed by Act No. 3 of 1976 s. 55.] 608 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Raising discontent and ill- will for unlawful purposes Ords. Nos. 10 of 1955 s. 2; 49 of 1955 s. 6; GN. No. 236 of 1961; R.L. Cap. 500 s. 36; Act No. 10 of 2013 s. 43 - 63B Verify source ↗
Raising discontent and ill-will for unlawful purposes
A person commits an offence if they make a statement to an assembly that is likely to raise discontent or promote ill-will among inhabitants, classes, or communities in the United Republic.
63B.–(1) A person who, to any assembly, makes any statement likely to raise discontent amongst any of the inhabitants of the United Republic or to promote feelings of ill-will between different classes or communities of persons of the United Republic, commits an offence and shall be liable to a fine not less than five hundred thousand shillings or to imprisonment for a term of not less than one year: Provided that, a person shall not commit an offence under the provisions of this section if the statement was made solely for any one or more of the following purposes, the proof whereof shall lie upon him, that is to say- (a) to show that the Government has been misled or mistaken in any of its measures; (b) to point out errors or defects in the Government or its policies or the Constitution of the United Republic as by law established, or in any legislation or in the administration of justice with a view to the remedying of those errors or defects; (c) to persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic; or (d) to point out, with a view to their removal, any matters which are producing or have a tendency to produce discontent amongst any of the inhabitants of the United Republic or feelings of ill-will and enmity between different classes or communities of persons of the United Republic. (2) For the purposes of this section “an assembly” means a gathering of seven or more persons. (3) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. Hate speech Act No. 10 of 2013 s. 44 - 63C Verify source ↗
Hate speech
A person commits an offence if they use, publish, distribute, present, show, play, or produce certain threatening, abusive, or insulting material with intent or likelihood of stirring up ethnic hatred.
63C.–(1) A person who- (a) uses threatening, abusive or insulting words or behavior, or displays any written material; 609 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (b) publishes or distributes written material; (c) presents or directs the performance, the public performance of a play; (d) distributes, shows or plays, a recording of audio or visual images; (e) direct a public performance of a play; or (f) provides, produces or directs a programme, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior, commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up. (2) A person who commits an offence under this section shall be liable to a fine of five million shillings or to imprisonment for a term not less than five years or to both. (3) In this section, “hatred” means hatred against a group of persons defined by reference to colour, race, gender, disability, conscience, belief, nationality or ethnic or national origins. (4) For the purposes of this section, publishing includes transmitting communication by means of any network services or application services and include printing of material. CHAPTER VIII OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY Repealed
Part
CHAPTER VIII
- 64 Verify source ↗
Foreign enlistment
This section has been repealed.
64. [Repealed by Act No. 3 of 1976 s. 55.] Foreign enlistment R.L. Cap. 455 s. 22 - 65 Verify source ↗
Piracy
This section makes it an offence to carry out or help several piracy-related war actions without the President’s licence.
65. A person commits an offence who does any of the following acts without the licence of the President if he- (a) prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in the expedition; (b) being a citizen of the United Republic, accepts or agrees to accept any commission or engagement in the 610 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] military or naval service of any foreign state at war with any friendly state, or whether a citizen of the United Republic or not, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state; (c) being a citizen of the United Republic, quits or goes on board any vessel with a view of quitting the United Republic, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or whether a citizen of the United Republic or not, induces any other person to quit or to go on board any vessel with a view of quitting the United Republic with the like intent; (d) being the master or owner of any vessel, knowingly either takes on board or engages to take on board, or has on board the vessel any illegally enlisted persons; or (e) with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state, builds, agrees to build, causes to be built, equips, dispatches, or causes or allows to be dispatched, any vessel, or issues or delivers any commission for any vessel: Provided that, a person building, causing to be built, or equipping a vessel in pursuance of a contract made before the commencement of the war is not liable to any of the penalties specified in this section in respect of the building or equipping where- (i) upon proclamation of neutrality being issued by the President he forthwith gives notice to the Minister responsible for home affairs that he is so building, causing to be built, or equipping such vessel, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Minister. (ii) gives such security, and takes and permits to be taken such other measures, if any, as the Minister 611 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Piracy Acts Nos. 14 of 1980 s. 9; 11 of 2010 s. 19 responsible for home affairs may prescribe for ensuring that the vessel shall not be dispatched, delivered, or removed without the licence of the President until the termination of the war. - 66 Verify source ↗
(1) A person who
This section defines piracy, makes piracy an offence punishable by life imprisonment, and restricts prosecution unless specified consents or arrangements exist.
66.–(1) A person who- (a) does any act of violence or detention, or any act of degradation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed- (i) against another ship or aircraft, or against persons or property on board such ship or aircraft; or (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any state; (b) participates in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; or (c) does any act of inciting or of intentionally facilitating an act referred to in paragraph (a) or (b), commits an act of piracy. (2) A person who does or participates in piracy commits an offence of piracy and on conviction, shall be liable to imprisonment for life. (3) Where a pirate ship is not registered in Tanzania, prosecution shall not be commenced unless there is special arrangement between the arresting state or agency and Tanzania. (4) Prosecution shall not commence under this section without the consent of the Director of Public Prosecutions. (5) For the purposes of this section- “pirate ship or aircraft” means a ship or aircraft under the dominant control of person who- (a) intend to use such ship or aircraft for piracy; or (b) has used such ship or aircraft for piracy, so long as it remains under the control of that person; and “private ship or private aircraft” means a ship or aircraft that is not owned by the Government or held by a person on behalf of or for the benefit of the Government. 612 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] CHAPTER IX UNLAWFUL ASSEMBLIES AND RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILITY Repealed 67-73. [Repealed by Ord. No. 11 of 1954 s. 33.] Definition of unlawful assembly and riot Punishment for unlawful assembly Punishment for riot Making proclamation for rioters to disperse R.L. Caps. 500 s. 7; and 356 s. 11(13)
Part
CHAPTER IX
- 74 Verify source ↗
Definition of unlawful assembly and riot
This section says a gathering of three or more people can be an unlawful assembly if they meet with the intent to commit an offence or act in a way that makes nearby people reasonably fear a breach of the peace.
74.–(1) When three or more persons assemble with intent to commit an offence or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighborhood reasonably to fear that the persons so assembled will commit a breach of the peace or will, by that assembly needlessly and without any reasonable occasion, provoke other persons to commit a breach of the peace, they are an unlawful assembly. (2) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in the manner referred to in subsection (1). (3) When an unlawful assembly has begun to execute the purpose for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled. - 75 Verify source ↗
Punishment for unlawful assembly
A person who joins an unlawful assembly commits an offence and can be imprisoned for one year.
75. A person who takes part in an unlawful assembly commits an offence and shall be liable to imprisonment for one year. - 76 Verify source ↗
Punishment for riot
A person who takes part in a riot commits an offence.
76. A person who takes part in a riot commits an offence. - 77 Verify source ↗
Making proclamation for rioters to disperse
Certain officers may order rioters to disperse peacefully by proclamation in the President’s name.
77. A magistrate or, in his absence, a police officer of or above the rank of inspector, or any commissioned officer in the military forces of the United Republic, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation in the President’s name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peacefully. 613 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Dispersion of rioters after proclamation Rioting after proclamation Preventing or obstructing making of proclamation - 78 Verify source ↗
Dispersion of rioters after proclamation
If a riotous assembly of 12 or more people continues after a proclamation time has passed, authorized persons and police may disperse or arrest them, and may use reasonably necessary force if resisted; they are not liable for harm or death caused by that force.
78. Where upon the expiration of a reasonable time after a proclamation is made, or after the making of the proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make a proclamation, or any police officer, or any other person acting in aid of that person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming the resistance, and shall not be liable in any criminal or civil proceedings for having, by the use of such force, caused harm or death to any person. - 79 Verify source ↗
Rioting after proclamation
After a proclamation ordering people to disperse, anyone who keeps taking part in the riot or assembly after a reasonable time commits an offence and can be imprisoned for five years.
79. Where a proclamation is made, commanding the persons engaged in a riot or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of the proclamation, takes or continues to take part in the riot or assembly commits an offence, and shall be liable to imprisonment for five years. - 80 Verify source ↗
Preventing or obstructing making of proclamation
A person who forcibly prevents or obstructs a proclamation under section 77 commits an offence and can be imprisoned for 10 years. A person who then knowingly takes part in the riot or assembly can be imprisoned for 5 years.
80. A person who forcibly prevents or obstructs the making of a proclamation referred to in section 77 commits an offence and shall be liable to imprisonment for ten years; and where the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, shall be liable to imprisonment for five years. Rioters demoli- shing buildings, etc. - 81 Verify source ↗
Rioters demolishing buildings, etc
A person who is riotously assembled and unlawfully pulls down or starts to pull down a building, railway, machinery, or structure commits an offence and is liable to imprisonment for life.
81. A person who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy any building, railway, machinery or structures commits an offence, and each of them shall be liable to imprisonment for life. Rioters damaging buildings, etc. - 82 Verify source ↗
Rioters damaging buildings, etc
A person who is riotously assembled together must not unlawfully damage things covered by section 81, and doing so is an offence punishable by seven years’ imprisonment.
82. A person who, being riotously assembled together, unlawfully damage any of the things in section 81 commits an offence and each of them shall be liable to imprisonment for seven years. 614 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Riotously interfering with railway, vehicle, etc. - 83 Verify source ↗
Riotously interfering with railway, vehicle, etc
All persons commit an offence if, while riotously assembled and using force, they obstruct railway, vehicle, or vessel loading, unloading, movement, sailing, or navigation, or board them with that intent.
83. All persons are guilty of an offence who being riotously assembled unlawfully and with force, prevent, hinder or obstruct the loading or unloading of any railway, vehicle or vessel, or the starting or transit of any railway or vehicle, or the sailing or navigating of any vessel, or unlawfully and with force board railway, vehicle or vessel with intent so to do. Going armed in public - 84 Verify source ↗
Going armed in public
A person who goes armed in public without lawful occasion, and in a way that causes terror to someone, commits an offence; the person's arms may be forfeited.
84. A person who goes armed in public without lawful occasion in such a manner as to cause terror to any person commits an offence and his arms may be forfeited. Forcible entry - 85 Verify source ↗
Forcible entry
A person commits forcible entry if they enter land or tenements violently to take possession.
85. A person who, in order to take possession thereof, enters on any land or tenements in a violent manner, whether the violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, commits forcible entry and, for the purposes of this section it is immaterial whether he is entitled to enter on the land or not: Provided that, a person who enters upon lands or tenements, of his own but which are in the custody of his servant or bailiff does not commit the offence of forcible entry. Forcible detainer - 86 Verify source ↗
Forcible detainer
A person who occupies land without a right and does so in a way likely to cause a breach of the peace commits forcible detainer.
86. A person who, being in actual possession of land without color of right, holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land is guilty of forcible detainer. Affray Act No. 1 of 2022 s. 42 - 87 Verify source ↗
Affray
A person who takes part in a fight in a public place commits an offence and may be fined up to 100,000 shillings or imprisoned for six months.
87. A person who takes part in a fight in a public place commits an offence and shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for six months. Challenge to fight duel - 88 Verify source ↗
Challenge to fight duel
A person commits an offence if they challenge someone to a duel or try to provoke a duel challenge.
88. A person who challenges another to fight a duel or attempts to provoke another to fight a duel or attempts to provoke any person to challenge another to fight a duel commits an offence. 615 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Abusive language, brawling and threatening violence Ords. Nos. 48 of 1948 s. 2; 14 of 1950 s. 9; 49 of 1955 s. 7; Acts Nos. 12 of 1962 s. 2; 10 of 2013 s. 45 Watching or besetting Ord. No. 49 of 1955 s. 8; GN. No. 236 of 1961 - 89 Verify source ↗
Abusive language, brawling and threatening violence
A person commits an offence if they use abusive language, brawl, or make a disturbance likely to breach the peace, or if they threaten violence or damage, or discharge a firearm, with the stated intent conditions.
89.–(1) A person who- (a) uses obscene, abusive or insulting language to any other person in such a manner as is likely to cause a breach of the peace; or (b) brawls or, in any other manner, creates a disturbance in such a manner as is likely to cause a breach of the peace, commits an offence and shall be liable to imprisonment for one year. (2) A person who- (a) with intent to intimidate or annoy any person, threatens to injure, assault, shoot at or kill any person or to burn, destroy or damage any property; or (b) with intent to alarm any person discharges a firearm or commits any other breach of the peace, commits an offence and shall be liable to imprisonment for one year and if the offence is committed at night the offender shall be liable to imprisonment for two years. - 89A Verify source ↗
Watching or besetting
A person must not watch or beset premises, or approach them to stop or force another person’s lawful conduct; doing so is an offence punishable by up to six months’ imprisonment.
89A.–(1) A person who watches or besets any premises or other place, or he approaches any such premises or other place with a view to- (a) prevent any other person from doing any act which he may lawfully do; or (b) compel any other person to do any act which he may lawfully abstain from doing, commits an offence and shall be liable to imprisonment for six months: Provided that, the provisions of this section shall not apply to any watching or besetting which is lawful under the provisions of any law relating to trade unions or trade disputes. (2) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. 616 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Intimidation Ord. No. 5 of 1961 s. 4; GN. No. 236 of 1961 - 89B Verify source ↗
Intimidation
A person must not wrongfully and without legal authority intimidate another person to force them to act or refrain from acting. A conviction can lead to one year’s imprisonment.
89B.–(1) A person who wrongfully and without legal authority intimidates any other person with a view to compelling that other person- (a) to abstain from doing any act which he has a legal right to do; or (b) to do any act which he has a legal right to abstain from doing, commits an offence and shall be liable on conviction to imprisonment for one year. (2) In this section- “to intimidate” means to cause in the mind of a person a reasonable apprehension of injury to him or to any member of his family or to any of his dependants or of violence or damage to any person or property; “injury” includes injury to a person in respect of his business, occupation, employment or other source of income and also includes any actionable wrong. (3) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. - 89C Verify source ↗
Dissuading persons from assisting with self-help schemes
It is an offence to try to stop someone from helping with an approved self-help scheme when done to defeat the scheme.
89C.–(1) A person who, with intent to impede, obstruct, prevent or defeat any self-help scheme or type of self-help scheme approved by the Regional Commissioner or the District Commissioner, dissuades or attempts to dissuade any person from offering his services, or from assisting, in connection therewith, commits an offence and on conviction, shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. (2) In any prosecution for an offence against this section the certificate of the Regional Commissioner or the District Commissioner, as the case may be, that a self-help scheme named or described therein was approved by him on a specified date or that self-help schemes of the type described therein were approved by him on or before a specified date, shall be conclusive evidence of such facts. 617 Dissuading persons from assisting with self-help schemes Act No. 61 of 1962 s. 2 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Assembling for purpose of smuggling Act No. 2 of 1972 Sch. - 90 Verify source ↗
Assembling for purpose of smuggling
Two or more people must not gather to unship, carry, or conceal customs-duty goods liable to forfeiture; doing so is an offence punishable by two years’ imprisonment.
90. Any two or more persons who assemble together for the purpose of unshipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs commit an offence and each of them shall be liable to imprisonment for two years. Division II. - Offences against the Administration of Lawful Authority CHAPTER X ABUSE OF OFFICE Repealed 91-93. [Repealed by Ord. No. 19 of 1958 s. 15.] Officers charged with administration of property of special character with special duties False claims by officials
Part
CHAPTER X
- 94 Verify source ↗
Officers charged with administration of property of special character
A public servant with certain duties over special property or business must not use those duties in matters where they have a private interest, or they commit an offence.
94. A person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and or having acquired or holding, directly or indirectly, a private interest duties in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade, or business in which he has such interest or with respect to the conduct of any person in relation thereto, commits an offence, and shall be liable to imprisonment for one year. - 95 Verify source ↗
False claims by officials
A public servant in the specified role must not make a return or statement that is false in a material particular about the covered payment-related matters.
95. A person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, commits an offence. 618 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Abuse of office GN. No. 236 of 1961 - 96 Verify source ↗
Abuse of office
Public servants commit an offence if they abuse office to do or direct an arbitrary act that prejudices another person’s rights.
96.–(1) A person who, being employed in the public service, does or directs to be done in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another commits an offence. (2) Where the act done or directed to be done is for purposes of gain, a person convicted of an offence contrary to subsection (1) shall be liable to imprisonment for three years. (3) A prosecution for an offence under this section shall not be instituted except by or with the sanction of the Director of Public Prosecutions. False certificates by public officers - 97 Verify source ↗
False certificates by public officers
A person who is legally authorised or required to give a certificate commits an offence if they knowingly issue a false certificate in any material respect.
97. A person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular commits an offence. Unauthorised administration of extra-judicial oath Act No. 1 of 2022 s. 50 - 98 Verify source ↗
Unauthorised administration of extra-judicial oath
A person who gives an oath, declaration, affirmation, or affidavit without legal authority commits an offence and may be fined up to five million shillings or imprisoned for one year.
98. A person who administers an oath or makes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not, by law, any authority to do so commits an offence and shall be liable to a fine not exceeding five million shillings or to imprisonment for one year: Provided that, this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate, coroner or justice of the peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country. False assumption of authority Act No. 55 of 1963 6th Sch. - 99 Verify source ↗
False assumption of authority
A person must not falsely assume or represent themselves as a judicial officer or other legally authorised public officer, except in a limited customary arbitration or tribal elders settlement context.
99. A person who- (a) not being a judicial officer, assumes to act as a judicial officer except in circumstances of a customary arbitration or settlement by the tribal elders in any matter arising out of any common assault or other 619 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] offence of a personal or private nature or any minor civil dispute at customary law if such arbitration or settlement is conducted in the manner recognised by customary law; (b) without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorised by law to do so; or (c) represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised, commits an offence. - 100 Verify source ↗
Personating public officers
A person must not impersonate a public service employee or falsely claim to be one in order to do an act or attend somewhere by virtue of that employment.
100. A person who- (a) personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or (b) falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment, commits an offence. Personating public officers Threat of injury to persons employed in public service - 101 Verify source ↗
Threat of injury to persons employed in public service
It is an offence for anyone to threaten injury to a person employed in public service, when done to make that person act, stop acting, or delay acting in relation to public functions.
101. Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person to be interested, for the purpose of inducing that person to do any act, or to forbear or delay to do any act connected with the exercise of the public functions of that person commits an offence. 620 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] CHAPTER XI OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE Perjury and subornation of perjury Act No. 55 of 1963 6th Sch.
Part
CHAPTER XI
- 102 Verify source ↗
Perjury and subornation of perjury
It is perjury to knowingly give false testimony in or for judicial proceedings, and it is subornation of perjury to help another person do so.
102.–(1) A person who, in any judicial proceedings, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, commits perjury and it is immaterial- (a) whether or not the testimony is given on oath; (b) that the person giving the testimony and bound to speak the truth assents to the forms and ceremonies actually used in administering the oath or in otherwise binding him; (c) whether the false testimony is given orally or in writing; (d) whether the court or tribunal is properly constituted or is held in the proper place or not if it actually acts as a court or tribunal in the proceeding in which the testimony is given; or (e) whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceedings or not. (2) A person who, aids, abets, counsels, procures or suborns another person to commit perjury commits subornation of perjury. False statements by interpreters - 103 Verify source ↗
False statements by interpreters
An interpreter sworn in a judicial proceeding must not wilfully make a material statement that is false or that they do not believe to be true.
103. A person who, having been lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, commits perjury. Punishment for perjury - 104 Verify source ↗
Punishment for perjury
A person who commits perjury or suborns perjury can be imprisoned for seven years.
104. A person who commits perjury or suborns perjury shall be liable to imprisonment for seven years. 621 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Evidence on charge of perjury - 105 Verify source ↗
Evidence on charge of perjury
A court cannot convict someone of perjury or subornation of perjury based only on one witness’s evidence that a statement was false.
105. A court shall not convict a person of perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false. Fabricating evidence - 106 Verify source ↗
Fabricating evidence
A person must not fabricate evidence or knowingly use fabricated evidence to mislead a tribunal in a judicial proceeding.
106. A person who, with intent to mislead any tribunal in any judicial proceeding- (a) fabricates evidence by any means other than perjury or False swearing subornation of perjury; or (b) knowingly makes use of the fabricated evidence, commits an offence and shall be liable to imprisonment for seven years. - 107 Verify source ↗
False swearing
A person commits an offence if they swear falsely or make a false affirmation or declaration before an authorised person about a matter of public concern, where the conduct would amount to perjury if done in a judicial proceeding.
107. A person who swears falsely or makes a false affirmation or declaration before a person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration, if done in a judicial proceeding, would have amounted to perjury, commits an offence. Deceiving witnesses - 108 Verify source ↗
Deceiving witnesses
A person commits an offence if they use fraud, deceit, or knowingly false statements or writings to a witness in a judicial proceeding, intending to affect that witness’s testimony.
108. A person who practises any fraud or deceit or knowingly makes or exhibits any false statement, representation, token or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of that person as a witness, commits an offence. Destroying evidence Act No. 14 of 2015 s. 55 - 109 Verify source ↗
Destroying evidence
A person must not knowingly and wilfully destroy, remove, or alter evidence that may be needed in a judicial proceeding.
109. A person who, knowing that any book, document, device or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, commits an offence. 622 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Conspiracy to defeat justice and interference with witnesses Ord. No. 5 of 1961 s. 5; Act No. 2 of 1962 Sch. Unlawful compounding of offences Compounding penal actions Advertisements for stolen property - 110 Verify source ↗
Conspiracy to defeat justice and interference with witnesses
A person must not falsely accuse someone of a crime, obstruct justice, or interfere with a witness; doing so is an offence punishable by up to five years’ imprisonment.
110. A person who- (a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or (b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or attempts to do so, commits an offence and shall be liable to imprisonment for five years. - 111 Verify source ↗
Unlawful compounding of offences
A person commits an offence if they ask for, receive, agree to receive, or attempt to receive property or a benefit in return for concealing an offence or delaying, stopping, or avoiding a prosecution, or withholding evidence.
111. A person who asks, receives, or obtains or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal an offence, or will abstain from, discontinue, or delay a prosecution for an offence, or will withhold any evidence thereof, commits an offence. - 112 Verify source ↗
Compounding penal actions
A person commits an offence if they compound a criminal charge brought, or pretended to be brought, under written law without the court’s order or consent.
112. A person who having brought, or under pretence of bringing, against another person a criminal charge founded on any written law in order to obtain from him a penalty for an offence committed or alleged to have been committed by him, compounds the criminal charge without the order or consent of the court in which the charge is brought or is to be brought commits an offence. - 113 Verify source ↗
Advertisements for stolen property
A person commits an offence if they publicly make or publish certain offers about stolen or lost property, especially using language that no questions will be asked.
113. A person who- (a) publicly offers a reward for the return of any property which has been stolen or lost and in the offer makes use of any words purporting that no questions will be asked or that the person producing such property will not be seized or molested; (b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced, 623 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] or any other sum of money or reward for the return of the property; or (c) prints or publishes any offer, referred to in paragraph Contempt of court Acts Nos. 55 of 1963 6th Sch.; 3 of 1995 Sch.; 1 of 2022 s.. 42 and 51; (a) or (b), commits an offence. - 114 Verify source ↗
Contempt of court
This section makes certain acts around judicial proceedings an offence and sets fines or imprisonment for contempt-related conduct.
114.–(1) A person who- (a) within the premises or the precincts of premises in which any judicial proceeding is being heard or taken, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being heard or taken; (b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document or other thing, or remains in the room in which the proceeding is being heard or taken, after the witnesses have been ordered to leave that room; (c) causes an obstruction or disturbance in the course of a judicial proceeding; (d) while a judicial proceeding is pending, publishes, prints or makes use of any speech or writing, misrepresenting the proceeding, or capable of prejudicing any person in favour of or against any parties to the proceeding, or calculated to lower the authority of any person before whom that proceeding is being heard or taken; (e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; (f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with the evidence; (g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; 624 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (h) wrongfully retakes possession of any land or other property from any person who has recently obtained judgment from a court for the recovery of possession of that land or property; (i) wrongfully retakes possession of a child from any person who has obtained the custody of the child under an order of court; (j) having the means to pay compensation or costs or any other sum in civil or criminal proceedings awarded against him by a primary court, wrongfully refuses or neglects after due notice to make the payment in accordance with any order for payment whether or not by installments; or (k) commits any other act of intentional disrespect to any judicial proceeding or to any person before whom the proceeding is being heard or taken, commits an offence, and shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for six months. (2) When any offence against subsection (1) (a), (b), (c), (d), or (k) is committed in view of the court, the court may cause the offender to be detained in custody and, at any time before the rising of the court on the same day may take cognisance of the offence and sentence the offender to a fine of four hundred shillings or in default of payment to imprisonment for six months. (3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court. (4) Subsection (1) (b) shall have effect in relation to proceedings in a primary court in which evidence is not given on oath or affirmation as if the references to a person having been or affirmed included a reference to a person having been required by the court to give evidence in those proceedings. 625 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Preventing or obstructing service or execution of process Ord. No. 5 of 1961 s. 6 Rescue - 114A Verify source ↗
Preventing or obstructing service or execution of process
A person commits an offence if they obstruct, resist, interfere with, or avoid service or execution of court process; conviction can lead to up to one year in prison.
114A. A person who- (a) wilfully obstructs or knowingly prevents or in any way interferes with or resists the service upon himself or any other person of any summons, notice, order, warrant or other process issued by a court for service on himself or such other person, as the case may be; (b) wilfully obstructs or knowingly prevents or in any way interferes with or resists the execution of any summons, notice, order, warrant or other process issued by a court, or any person lawfully charged with its execution; or (c) absconds in order to avoid being served with any summons, notice, order, warrant or other process issued by a court, commits an offence and on conviction, shall be liable to imprisonment for a term not exceeding one year. CHAPTER XII RESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW
Part
CHAPTER XII
- 115 Verify source ↗
Rescue
Using force to rescue or try to rescue someone from lawful custody is an offence, with heavier penalties for people held under death/life sentences or charges, and a notice requirement when the person is in private custody.
115.–(1) A person, who by force rescues or attempts to rescue from lawful custody any other person where that other person is- (a) under sentence of death or imprisonment for life, or charged with an offence punishable with death or imprisonment for life commits an offence and shall be liable to imprisonment for life; (b) imprisoned on a charge or under sentence for any offence other than those referred to in paragraph (a), commits an offence and liable to imprisonment for seven years; or (c) in any other case, commits an offence. (2) Where the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody. 626 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Escape from lawful custody - 116 Verify source ↗
Escape from lawful custody
Escaping from lawful custody is an offence.
116. A person who escapes from lawful custody commits an offence. Absence from extramural employment Act No. 34 of 1967 Cap. 58 Cap. 58 Aiding prisoners to escape - 116A Verify source ↗
Absence from extramural employment
A person allowed to work outside prison must report at the appointed hour and not stay away from work, unless the court accepts a reasonable and lawful excuse.
116A.–(1) Where any person who has received permission to work outside a prison pursuant to the provisions of the Prisons Act, fails to present himself at the appointed hour or absents himself from work, he commits an offence unless he satisfies the court that he had a reasonable and lawful excuse for so doing. (2) A sentence of imprisonment imposed for an offence against subsection (1) shall be in addition to any imprisonment to which the person sentenced is already liable and which he is ordered to suffer under the Prisons Act. - 117 Verify source ↗
Aiding prisoners to escape
A person who helps a prisoner escape, or brings or causes things to be brought into a prison to help an escape, commits an offence and can be imprisoned for seven years.
117. A person who- (a) aids a prisoner in escaping or attempting to escape from lawful custody; or (b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner, commits an offence and shall be liable to imprisonment for seven years. Removal, etc., of property under lawful seizure - 118 Verify source ↗
Removal, etc., of property under lawful seizure
A person who knowingly interferes with property attached or taken under a court process commits an offence and is liable to imprisonment for three years.
118. A person who, when any property has been attached or taken under the process of authority of any court, knowingly and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes off the property, commits an offence and shall be liable to imprisonment for three years. Repealed - 119 Verify source ↗
Repealed
Section 119 has been repealed.
119. [Repealed by Ord. No. 5 of 1961 s. 7.] 627 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] CHAPTER XIII MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY Fraud and breaches of trust by public officers Act No. 2 of 1972 Sch.
Part
CHAPTER XIII
- 120 Verify source ↗
Fraud and breaches of trust by public officers
A public servant who commits fraud or breach of trust while performing official duties commits an offence and may be imprisoned for seven years.
120. A person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, commits an offence and shall be liable to imprisonment for seven years. Neglect of official duty - 121 Verify source ↗
Neglect of official duty
A person employed in the public service must not wilfully neglect a duty they are bound to perform, unless doing so would involve greater danger than an ordinarily courageous and active person might be expected to face.
121. A person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by any written law to perform, unless the discharge of the duty is not attended with greater danger than a man of ordinary courage and activity might be expected to encounter, commits an offence. False information to person employed in public service - 122 Verify source ↗
False information to person employed in public service
A person commits an offence if they knowingly or believeingly give false information to someone employed in public service, intending or likely causing improper action or misuse of lawful power.
122. Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause that person- (a) to do or omit anything which that person ought not to do or omit, if the true state of facts respecting which the information is given were known to him; or (b) to use the lawful power of that person to the injury or annoyance of any person, commits an offence and shall be liable to a fine of one hundred thousand shillings or to imprisonment for six months or to both. - 123 Verify source ↗
Disobedience of statutory duty
A person who wilfully breaks a written law by doing what it forbids or failing to do what it requires, in a matter affecting the public, commits an offence and may be imprisoned for up to two years unless another law provides a different punishment.
123. A person who wilfully contravenes any written law by doing any act which it forbids or by omitting to do any act which it requires to be done and which concerns the public or any part of the public, commits an offence and shall be liable, unless a different punishment is provided by that or any other law for the disobedience, to imprisonment for two years. Disobedience of statutory duty 628 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Disobedience of lawful orders - 124 Verify source ↗
Disobedience of lawful orders
Disobeying a duly made, issued, or given order, warrant, or command by a court or authorized public officer is an offence punishable by up to two years’ imprisonment, unless another penalty or procedure is expressly prescribed.
124. A person who disobeys any order, warrant or command duly made, issued or given by a court, an officer or person acting in any public capacity and duly authorised in that behalf, commits an offence and shall be liable, unless any other penalty or mode or proceeding is expressly prescribed in respect of that disobedience, to imprisonment for two years. Repealed - 124A Verify source ↗
Repealed
Section 124A is repealed.
124A. [Repealed by Act No. 15 of 1971 s. 9.] Division III.- Offences Injurious to the Public in General CHAPTER XIV OFFENCES RELATING TO RELIGION AND BURIALS Insulting religion Disturbing religious assemblies Act No. 10 of 2013 s. 46 Trespassing on burial or other places
Part
CHAPTER XIV
- 125 Verify source ↗
126. Disturbing religious assemblies
A person commits an offence if they destroy, damage, or defile a place of worship or a sacred object with intent to insult religion, or knowing it is likely to be taken as an insult.
125. A person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion commits an offence. - 126 Verify source ↗
Disturbing religious assemblies
A person who deliberately disturbs a lawful religious worship or ceremony assembly commits an offence and may be fined or imprisoned.
126. A person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony commits an offence and on conviction, shall be liable to a fine of not less than three million shillings or to imprisonment for a term not exceeding two years. - 127 Verify source ↗
Trespassing on burial or other places
A person commits an offence if they trespass in certain sacred or burial places, insult a corpse, or disturb funeral ceremonies, especially when intending or knowing it may wound feelings or insult religion.
127. A person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or 629 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Hindering burial of dead body Act No. 5 of 1963 s. 2 causes disturbance to any persons assembled for the purpose of funeral ceremonies, commits an offence. - 128 Verify source ↗
Hindering burial of dead body
A person must not unlawfully hinder burial, disinter or dissect a dead body, damage a dead body, or wilfully fail to carry out a duty to bury a dead body without lawful authority.
128. A person who unlawfully hinders the burial of the dead body of any person or who, without lawful authority in that behalf or otherwise than in accordance with rules made by the Minister responsible for health, which rules the Minister is hereby authorised to make, disinters, dissects or causes damage to the dead body of any person or who, being under a duty to cause the dead body of any person to be buried, wilfully and without lawful authority in that behalf neglects to perform that duty, commits an offence. Uttering word with intent to wound religious feelings Act No. 10 of 2013 s. 47 - 129 Verify source ↗
Uttering word with intent to wound religious feelings
A person who deliberately tries to wound another person's religious feelings by words, sounds, gestures, or placing an object commits an offence and may be fined or imprisoned.
129. A person who, with the deliberate intention of wounding the religious feelings of any person, utters any word, or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, commits an offence and on conviction, shall be liable to a fine of not less than three million shillings or to imprisonment for a term of not less than one year. CHAPTER XV OFFENCES AGAINST MORALITY Definition of woman Ord. No 10 of 1936
Part
CHAPTER XV
- 129A Verify source ↗
Definition of woman
This section defines “woman” in this Chapter as any female person, unless the context or another express provision requires otherwise.
129A. In this Chapter “woman” means any female person and, unless the context requires otherwise or it is otherwise expressly provided, irrespective of age. Rape Acts. Nos. 4 of 1998 s. 5; 21 of 2009 s. 176 - 130 Verify source ↗
Rape
130.–(1) It is an offence for a male person to rape a girl or a woman. (2) A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances falling under any of the following descriptions: (a) not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse; 630 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (b) with her consent where the consent has been obtained by the use of force, threats or intimidation by putting her in fear of death or of hurt or while she is in unlawful detention; (c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by any drugs, matter or thing, administered to her by the man or by some other person unless proved that there was prior consent between the two; (d) with her consent when the man knows that he is not her husband, and that her consent is given because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawfully married; (e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man. (3) Whoever- (a) being a person in a position of authority, takes advantage of his official position, and commits rape on a girl or a woman in his official relationship or wrongfully restrains and commits rape on the girl or woman; (b) being on the management or on the staff of a remand home or other place of custody, established by or under law, or of a women’s or children’s institution, takes advantage of his position and commits rape on any woman inmate of the remand home, place of custody or institution; (c) being on the management or staff of a hospital, school, day-care center, children’s home or any other institution, organisation or agency where there is a duty of care, takes advantage of his position and commits rape on a girl or woman; (d) being a traditional healer takes advantage of his position and commits rape on a girl or a woman who is his client for healing purposes; 631 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Punishment for rape Acts Nos. 4 of 1998 s. 6; 19 of 2007 s. 8; 21 of 2009 s. 177 11 of 2023 s. 74 (e) being a religious leader takes advantage of his position and commits rape on a girl or woman. (4) For the purposes of proving the offence of rape- (a) penetration however slight is sufficient to constitute the sexual intercourse necessary to the offence; and (b) evidence of resistance such as physical injuries to the body is not necessary to prove that sexual intercourse took place without consent. (5) For the purposes of this section spouses shall be deemed lawfully separated even if the separation is arranged by the family or clan members. - 131 Verify source ↗
Punishment for rape
Rape is punishable by severe imprisonment, a fine, corporal punishment, and compensation; a boy under 18 gets the subsection (2) penalties, and rape of a girl under 10 carries life imprisonment.
131.–(1) A person who commits rape is, except in the cases provided for in the renumbered subsection (2), liable to be punished with imprisonment for life, and in any case for imprisonment of not less than thirty years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the court, to the person in respect of whom the offence was committed for the injuries caused to such person. (2) Notwithstanding the provisions of any law, where the offence is committed by a boy who is below the age of eighteen years, he shall- (a) if a first offender, be sentenced to corporal punishment only; (b) if a second time offender, be sentenced to imprisonment for a term of twelve months with corporal punishment; (c) if a third time and recidivist offender, be sentenced to five years with corporal punishment. (3) Subject to the provisions of subsection (2), a person who commits an offence of rape of a girl under the age of ten years on conviction, shall be sentenced to life imprisonment. 632 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Punishment for gang rape Acts Nos. 4 of 1998 s. 7; 19 of 2007 s. 8 Attempted rape Acts Nos. 4 of 1998 s. 8; 3 of 2011 s. 6 - 131A Verify source ↗
Punishment for gang rape
People involved in a group rape can be treated as having committed gang rape, and conviction carries life imprisonment unless subsection (3) applies.
131A.–(1) Where the offence of rape is committed by one or more persons in a group of persons, each person in the group committing or abetting the commission of the offence is deemed to have committed gang rape. (2) Subject to the provisions of subsection (3), every person who is convicted to gang rape shall be sentenced to imprisonment for life, regardless of the actual role he played in the rape. (3) Where the commission or abetting the commission of a gang rape involves a person of or under the age of eighteen years the court shall, in lieu of sentence of imprisonment, impose a sentence of corporal punishment based on the actual role he played in the rape. - 132 Verify source ↗
Attempted rape
Attempted rape is an offence, punishable by imprisonment, with lower penalties for cases under subsection (3) and special sentencing rules for offenders under 18.
132.–(1) A person who attempts to commit rape commits the offence of attempted rape, and except for the cases specified in subsection (3) on conviction, shall be liable to imprisonment for life, and in any case shall be liable to imprisonment for not less than thirty years with or without corporal punishment. (2) A person attempts to commit rape if, with the intent to procure prohibited sexual intercourse with any girl or woman, he manifests his intention by- (a) threatening the girl or woman for sexual purposes; (b) being a person of authority or influence in relation to the girl or woman, applying any act of intimidation over her for sexual purposes; (c) making any false representations for her for the purposes of obtaining her consent; (d) representing himself as the husband of the girl or woman, and the girl or woman is put in a position where, but for the occurrence of anything independent of that person’s will, she would be involuntarily carnally known. (3) Where a person commits the offence of attempted rape by virtue of manifesting his intention in the manner specified in 633 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] subsection (2)(c) or (d), he shall be liable to imprisonment for life and in any case for imprisonment of not less than ten years. (4) Where the offence of attempted rape is committed by a person who is of the age below eighteen years, he shall,- (a) where a first time offender, be sentenced to corporal punishment of five strokes; (b) where a second time offender, be sentenced to a term of six months; or (c) where a third time offender or habitual offender, be sentenced to twelve months. Abduction - 133 Verify source ↗
Abduction
A person commits an offence if, with the stated intent, they take or detain a woman against her will.
133. A person who with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or to have sexual intercourse with any other person, takes her away, or detains her, against her will, commits an offence and shall be liable to imprisonment for seven years. Abduction of girls under sixteen - 134 Verify source ↗
Abduction of girls under sixteen
A person commits an offence if they unlawfully take an unmarried girl under 16 from her parent’s or guardian’s custody against that parent’s or guardian’s will.
134. A person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her parent or other person having lawful care or charge of her and against the will of the parent or of that person commits an offence. Sexual assault on persons and indecent assault on women Ord. No. 47 of 1954 s. 3; Act No. 4 of 1998 s. 9 - 135 Verify source ↗
Sexual assault on persons and indecent assault on women
A person who intentionally causes sexual annoyance by words, sounds, gestures, or objects commits sexual assault and may be fined up to 300,000 shillings, imprisoned for up to 5 years, or both.
135.–(1) A person who, with the intention to cause any sexual annoyance to any person utters any word or sound, makes any gesture or exhibits any word or object intending that such word or object shall be heard, or the gesture or object shall be seen, by that other person, commits an offence of sexual assault and on conviction, shall be liable to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding five years or to both. (2) Where a charge for sexual assault under this section relates to a boy or girl under the age of eighteen years, it shall be no defence to the charge that the boy or girl consented to the act constituting the assault. Repealed - 136 Verify source ↗
Repealed
Section 136 was repealed.
136. [Repealed by Act No. 4 of 1998 s. 10.] 634 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Defilement of idiots or imbeciles Defilement by husband of wife under eighteen, etc. Ord. No. 4 of 1954; Acts Nos. 4 of 1998 s. 11; 21 of 2009 s. 178 - 137 Verify source ↗
Defilement of idiots or imbeciles
A person who knows a woman is an idiot or imbecile must not have or attempt unlawful sexual intercourse with her in circumstances not amounting to rape.
137. A person who, knowing a woman to be an idiot or imbecile, has or attempts to have unlawful sexual intercourse with her in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the woman was an idiot or imbecile, commits an offence and shall be liable to imprisonment for fourteen years, with or without corporal punishment. - 138 Verify source ↗
Defilement by husband of wife under eighteen, etc
This section makes it an offence to have, attempt, or procure sexual intercourse involving a married woman under 18, and sets prison terms of 10 or 14 years depending on the conduct.
138.–(1) A person who, being married to a woman under the age of eighteen years, has or attempts to have sexual intercourse with her, whether with or without her consent, before she has attained the age of eighteen years, commits an offence and shall be liable to imprisonment for ten years. (2) A person who being a parent of or having custody of a woman under the age of eighteen years parts with the possession, or otherwise disposes of, the girl with the intention that the girl shall, while still under the age of eighteen years and whether with or without her consent, have sexual intercourse with her husband or knowing it to be likely that the woman will, while still under the age of eighteen years, have sexual intercourse, commits an offence and shall be liable to imprisonment for fourteen years. (3) A person who procures or attempts to procure any married woman under the age of eighteen years with intent that she shall have sexual intercourse with her husband, whether with or without her consent, when she is under the age of eighteen years, commits an offence and shall be liable to imprisonment for ten years. (4) It shall not be a defence to a charge under subsection (3) that the person procuring the woman is the husband of the woman. (5) It shall be a defence to a charge under this section where- (a) the woman in relation to whom a person is charged appears to the court to have attained the age of eighteen years; or 635 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Act of gross indecency between persons Act No. 4 of 1998 s. 12 Sexual exploitation of children Acts Nos. 4 of 1998 s. 12; 21 of 2009 s. 179 (b) the court is of the opinion that the person charged had reasonable cause to believe and did infact believe that the woman was of or above the age of eighteen years. - 138A Verify source ↗
Act of gross indecency between persons
A person who commits or helps procure an act of gross indecency with another person commits an offence, with heavier penalties where the victim is under 18 or a primary/secondary student.
138A.–(1) A person who, in public or private, commits, or is party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, commits an offence and on conviction, shall be liable to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or to imprisonment for a term of not less than one year and not exceeding five years. (2) Notwithstanding subsection (1) where the offence is committed by a person of eighteen years of age or more in respect of any person under eighteen years of age, a pupil of a primary school or a student of a secondary school the offender on conviction, shall be liable to imprisonment for a term not less than ten years, with corporal punishment, and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person. - 138B Verify source ↗
Sexual exploitation of children
A person who uses or facilitates a child’s sexual exploitation commits an offence and may be jailed for 15 to 30 years; the court may also order compensation to the victim.
138B.–(1) A person who- (a) knowingly permits any child to remain in any premises for the purposes of causing such child to be sexually abused or to participate in any form of sexual activity or in any obscene or indecent exhibition or show; (b) acts as a procurer of a child for the purposes of sexual intercourse or for any form of sexual abuse, or indecent exhibition or show; (c) induces a person to be a client of a child for sexual intercourse or for any form of sexual abuse, or indecent exhibition or show, by means of print or other media, oral advertisements or other similar means; (d) takes advantage of his influence over, or his relationship to, a child, to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show; 636 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (e) threatens, or uses violence towards, a child to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show; (f) gives monetary consideration, goods or other benefits to a child or his parents with intent to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show, commits an offence of sexual exploitation of children and on conviction, shall be liable to imprisonment for a term of not less than fifteen years and not exceeding thirty years without option of fine. (2) The court may, in addition, order for compensation of such amount of money to be paid to the victim. Grave sexual abuse Acts Nos. 4 of 1998 s. 12; 21 of 2009 s. 180; 1 of 2020 s. 42; 1 of 2022 s. 52 - 138C Verify source ↗
Grave sexual abuse
A person commits grave sexual abuse if they do a sexual act for gratification in the listed non-rape circumstances, including without consent, with coerced consent, with consent when the other person is of unsound mind or intoxicated, or involving a person under 18.
138C.–(1) A person who, for sexual gratification, does any act, by the use of his genital or any other part of the human body or any instrument or any orifice or part of the body of another person, being an act which does not amount to rape under section 130, commits the offence of grave sexual abuse if he does so in circumstances falling under any of the following descriptions, that is to say- (a) without the consent of the other person; (b) with the consent of the other person where the consent has been obtained by the use of force, threat or intimidation or putting that other person in fear of death or of hurt or while that other person was in unlawful detention; (c) with the consent of the other person where such consent has been obtained at a time the other person was of unsound mind or was in a state of intoxication induced by alcohol or any drugs, matter or thing; (d) with or without the consent of a person who is under the age of eighteen years. (2) A person who commits grave sexual abuse - (a) on conviction, shall be liable to imprisonment for a term of not less than eighteen years and not exceeding thirty years, with corporal punishment, and shall 637 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Sexual harassment Act No. 4 of 1998 s. 12 also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for the injuries caused to that person; (b) on any person under eighteen years of age, shall be liable on conviction to imprisonment for a term of not less than twenty years and not exceeding thirty years, and shall also be ordered to pay compensation of an amount determined by the court to any person in respect of whom the offence was committed for injuries caused to that person. - 138D Verify source ↗
Sexual harassment
This section makes sexual harassment an offence and sets penalties for conviction.
138D.–(1) A person who, with intention, assaults or by use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person, commits an offence of sexual harassment and on conviction, shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding five years or to both and may also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person. (2) Whoever, intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object including any organ whether male or feminine, intending that such word or sound shall be heard, or that the gesture or object shall be seen by the woman, or intrudes upon the privacy of the woman, commits the offence of sexual harassment. (3) For the avoidance of doubt, unwelcome sexual advances by words or actions used by a person in authority, in a working place or any other place, shall constitute the offence of sexual harassment. (4) For the purposes of this section an assault may include any act which does not amount to rape under section 130. (5) A prosecution for an offence under this section shall not be instituted or continued where the complaint is made 638 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Procuration for prostitution Ords. Nos. 47 of 1954 s. 3; 49 of 1955 s. 9; Act No. 4 of 1998 s. 13 by the alleged victim at any time more than sixty days after the occurrence of the event constituting the offence. - 139 Verify source ↗
Procuration for prostitution
A person who procures, attempts to procure, brings, removes, or detains someone for prostitution- or brothel-related purposes commits an offence and may be fined or imprisoned.
139. A person who- (a) procures, or attempts to procure, any person, whether male or female of whatever age, whether with or without the consent of that person, to become, within or outside, the United Republic, a prostitute; (b) procures, or attempts to procure, any person under eighteen years of age, to leave the United Republic, whether with or without the consent of that person, with a view to the facilitation of prohibited sexual intercourse with any person outside the United Republic, or removes, or attempts to remove from the United Republic, that person, whether with or without the consent of that person, for that purpose; (c) procures, or attempts to procure, any person of whatever age, to leave the United Republic, whether with or without the consent of that person, with intent that, that person may become the inmate of, or frequent a brothel elsewhere, or removes or attempts to remove, from the United Republic any such person, whether with or without the consent of that person, for that purpose; (d) brings, or attempts to bring, into the United Republic, any person under eighteen years of age, with a view to have prohibited sexual intercourse with any other person, inside or outside the United Republic; (e) procures, or attempts to procure, any person of whatever age, whether with or without the consent of that person, to leave that person’s usual place of abode in the United Republic, that place not being a brothel, with intent that that person may, for the purposes of prostitution become the inmate of, or frequent, a brothel within or outside the United Republic; or (f) detains any person without the consent of that person in any brothel or other premises with a view to have 639 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] prohibited sexual intercourse or sexual abuse of that person, commits an offence of procuration and on conviction, shall be liable to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or to imprisonment for a term of not less than ten years and not exceeding twenty years or to both. Repealed - 139A Verify source ↗
Repealed.639
Section 139A is repealed.
139A. [Repealed by Act No. 6 of 2008 s. 38.] Procuring rape Ord. No. 49 of 1955 s. 7; Acts Nos. 4 of 1998 s. 15; 9 of 2002 Sch. - 140 Verify source ↗
Procuring rape
A person who uses threats, false pretences, or drugs to procure prohibited sexual intercourse with a girl or woman commits an offence.
140. A person who- (a) by any threats or intimidation procures or attempts to procure any girl or woman to have any prohibited sexual intercourse inside or outside the United Republic; (b) by false pretences or false representations procures, any girl or woman to have prohibited sexual intercourse anywhere inside or outside the United Republic; or (c) applies, administers to, or causes to be taken by any girl or woman any drug, matter or thing with intent to stupefy or overpower her so as thereby to enable any man to have prohibited sexual intercourse with her, commits an offence and on conviction, shall be liable to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or imprisonment for a term of not less than ten years and not exceeding twenty years or to both, and shall be ordered to pay compensation of an amount to be determined by the court. House holder, etc., permitting defilement of girl on his premises Acts Nos. 21 of 2009; s. 181; 1 of 2022; s. 53 - 141 Verify source ↗
House holder, etc., permitting defilement of girl on his premises
A person in control of premises must not let a woman under 15 be there for sex with a man; doing so is an offence punishable by 5 years’ imprisonment.
141. A person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman under the age of fifteen years to resort to or be upon those premises for the purpose of sexual intercourse with any man whether such sexual intercourse is intended to be with any particular man or generally, commits an offence and shall be liable to imprisonment for five years. 640 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] House holder etc., permitting defilement of girl under eighteen years of age on his premises Act No. 21 of 2009 s. 182 - 142 Verify source ↗
House holder etc., permitting defilement of girl under eighteen years
An owner, occupier, manager, or controller of premises commits an offence if they induce or knowingly allow a girl aged over 15 and under 18 to be on the premises for unlawful sexual intercourse with a man.
142. A person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman above the age of fifteen years and under the age of eighteen years to resort to or be upon the premises for the purpose of unlawful sexual intercourse with a man, whether such intercourse intended to be with any particular man or generally, commits an offence: Provided that, it shall be a sufficient defence to a charge under this section if it is made to appear to the court before which that person is charged that he had reasonable cause to believe and did in fact believe that the woman was of or above the age of eighteen years. Detention in any premises with intent, or in brothel - 143 Verify source ↗
Detention in any premises with intent, or in brothel
A person commits an offence if they detain a woman against her will in specified premises or in a brothel for the purpose of unlawful sexual intercourse.
143.–(1) A person who detains a woman against her will- (a) in or upon any premises with intent that she may have unlawful sexual intercourse with any man, whether any particular man or generally; or (b) in any brothel, commits an offence. (2) When a woman is in or upon any premises for the purpose of having unlawful sexual intercourse or is in any brothel, a person shall be deemed to detain her there if, with intent to compel or induce her to remain in or upon the premises or in the brothel, that person withholds from her any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to her by or by the directions of that person, that person threatens her with legal proceedings if she takes away with her the wearing apparel so lent or supplied. (3) Legal proceedings, whether civil or criminal, shall not be taken against any woman referred to in this section for taking away or being found in possession of any wearing apparel as was necessary to enable her to leave the premises or brothel. 641 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Power of search Acts Nos. 55 of 1963 6th Sch.; 21 of 2009 s. 183; 1 of 2022 s. 54 - 144 Verify source ↗
Power of search
A magistrate may issue a warrant to search for a woman suspected of unlawful detention for immoral purposes, detain her in a place of safety, and deal with the accused person according to law.
144.–(1) Where it appears to a magistrate, on information made before him on oath by a parent, relative or guardian of a woman or any other person who, in the opinion of the magistrate, is acting bona fide in the interests of the woman or person that there is reasonable cause to suspect that, that woman is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of the magistrate, the magistrate may issue a warrant authorising the person named therein to search for, and, when found, to take to and detain her in a place of safety until she can be brought before a magistrate; and the magistrate before whom she is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require. (2) A magistrate issuing the warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining the woman to be apprehended and brought before a magistrate and proceedings to be taken for punishing that person according to law. (3) A woman shall be deemed to be unlawfully detained for immoral purposes if she is so detained for purposes of unlawful sexual intercourse whether with any particular man or generally; and- (a) either she is under the age of sixteen years; (b) where she is of or over the age of eighteen years and under the age of sixteen years, is so detained against her will or against the will of any of her parents or of any person having the lawful care or charge of her; or (c) where she is of or over the age of eighteen years and is so detained against her will. (4) A person authorised by warrant under this section to search for a woman so detained may enter, if need be by force, any house, building or other place mentioned in the warrant, and may remove her therefrom. 642 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Male person living on earnings of prostitution or persistently soliciting Woman living on, or aiding prostitution Power of search Act No. 21 of 2009 s. 184 - 145 Verify source ↗
Male person living on earnings of prostitution or persistently soliciting
A male person who knowingly lives on prostitution earnings, or persistently solicits or importunes in public for immoral purposes, commits an offence.
145.–(1) A male person who- (a) knowingly lives wholly or in part on the earnings of prostitution; or (b) in any public place persistently solicits or importunes for immoral purposes, commits an offence and in the case of a second or subsequent conviction under this section the court may, in addition to any term of imprisonment awarded, sentence the offender to corporal punishment. (2) Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such manner as to show that he is aiding, abetting or compelling her prostitution with any other person or generally, he shall unless he satisfies the court to the contrary be deemed to be knowingly living on the earnings of prostitution. - 146 Verify source ↗
Woman living on, or aiding prostitution
A woman commits an offence if she knowingly lives on prostitution earnings or, for gain, controls, directs, or influences a prostitute’s movements in a way that shows she is aiding, abetting, or compelling prostitution.
146. A woman who knowingly lives wholly or in part on the earnings of prostitution or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, commits an offence. - 147 Verify source ↗
Power of search
A magistrate may issue a warrant to let police enter and search a house and arrest a person if there is sworn information giving reason to suspect prostitution-related use or control.
147. Where it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a person for purposes of prostitution, or that any person residing in or frequenting the house is knowingly living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorising any police officer to enter and search the house and to arrest such person. Brothels
Part
part of a house is used by a person for purposes of prostitution,
- 148 Verify source ↗
Brothels
A person commits an offence if they keep a house, room, set of rooms, or any other place for prostitution.
148. A person who keeps a house, room, set of rooms or place of any kind whatsoever for the purposes of prostitution commits an offence. 643 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Conspiracy to induce unlawful sexual intercourse Ord. No. 47 of 1954 s. 3 - 149 Verify source ↗
Conspiracy to induce unlawful sexual intercourse
A person who conspires with another to use false or fraudulent means to induce a woman to allow unlawful sexual intercourse commits an offence and can be imprisoned for three years.
149. A person who conspires with another to induce any woman, by means of any false pretence or other fraudulent means, to permit a man to have unlawful sexual intercourse with her commits an offence and shall be liable to imprisonment for three years. Attempts to procure abortion Procuring own miscarriage - 150 Verify source ↗
Attempts to procure abortion
A person who unlawfully tries to procure a woman's miscarriage by poison, force, or any other means commits an offence and can be imprisoned for 14 years.
150. A person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, commits an offence and shall be liable to imprisonment for fourteen years. - 151 Verify source ↗
Procuring own miscarriage
A pregnant woman who unlawfully tries to procure her own miscarriage by poison, other harmful substances, force, or any other means, or who allows such things to be used on her, commits an offence.
151. A woman being with child who with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, or permits any such thing or means to be administered or applied to her, commits an offence and shall be liable to imprisonment for seven years. Supplying drugs or instruments to procure abortion - 152 Verify source ↗
Supplying drugs or instruments to procure abortion
A person who unlawfully supplies or procures anything for another, knowing it will be used to unlawfully procure a woman’s miscarriage, commits an offence and may be imprisoned for three years.
152. A person who unlawfully supplies to or procures for another anything whatsoever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, commits an offence, and shall be liable to imprisonment for three years. Knowledge of age of female immaterial - 153 Verify source ↗
Knowledge of age of female immaterial
For offences involving a woman under a specified age, the accused’s lack of knowledge or mistaken belief about her age is generally irrelevant unless another provision expressly says otherwise.
153. Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman under a specified age, that the accused person did not know that the woman was under that age, or believed that she was not under that age. Unnatural offences Ord. No. 47 of 1954 s. 3; Acts Nos. 4 of 1998 s. 16; 21 of 2009 s. 185 - 154 Verify source ↗
Unnatural offences
A person commits an offence if they engage in the acts listed here, including against-the-order-of-nature conduct, bestiality, or permitting a male person to have such contact; penalties include life imprisonment, and in any case at least 30 years.
154.–(1) A person who- (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, 644 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] commits an offence, and shall be liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years. (2) Where the offence under subsection (1) is committed to a child under the age of eighteen years the offender shall be sentenced to life imprisonment. - 155 Verify source ↗
Attempt to commit unnatural offences
Attempting any offence listed in section 154 is itself an offence and, if convicted, the person must be imprisoned for at least 20 years.
155. A person who attempts to commit any of the offences specified under section 154 commits an offence and, on conviction, shall be sentenced to imprisonment for a term of not less than twenty years. Attempt to commit unnatural offences Ord. No. 47 of 1954 s. 3; Act No. 4 of 1998 s. 17 Indecent assault of boys under eighteen Ord. No. 10 of 1959 s. 3; Acts Nos. 4 of 1998 s. 18; 21 of 2009 s. 186 - 156 Verify source ↗
Indecent practices between males
A person who unlawfully and indecently assaults a boy under 18 commits an offence and may be imprisoned for life.
156.–(1) A person who unlawfully and indecently assaults a boy under the age of eighteen years commits an offence and shall be liable to imprisonment for life. (2) Where a charge for indecent assault under this section relates to a boy under the age of fifteen years, it shall be no defence to the charge that he consented to the act of indecency. Indecent practices between males Ord. No. 47 of 1954 s. 3 - 157 Verify source ↗
158
A male person who commits, procures, or tries to procure an act of gross indecency with another male person commits an offence and may be imprisoned for five years.
157. A male person who, whether in public or private, commits any act of gross indecency with another male person or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person, with himself or with another male person, commits an offence and shall be liable to imprisonment for five years. Incest by males Act No. 4 of 1998 s. 19 - 158 Verify source ↗
Incest by males
158.–(1) A male person who has prohibited sexual intercourse with a female person, who is to his knowledge his granddaughter, daughter, sister or mother, commits the offence of incest, and on conviction, shall be liable where - (a) the female is of the age of less than eighteen years, to imprisonment for a term of not less than thirty years; (b) the female is of the age of eighteen years or more, to imprisonment for a term of not less than twenty years. 645 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Order for guardianship Incest by females Acts Nos. 4 of 1998 s. 20; 21 of 2009 s. 187 (2) It is immaterial that the sexual intercourse was had with the consent of the woman. (3) A male person who attempts to commit an offence under this section is guilty of an offence. - 159 Verify source ↗
Order for guardianship
If someone is convicted of an offence under section 158 against a woman under 21, the court may take away the offender’s authority over her and appoint a guardian; the High Court may later change or cancel that order.
159. On the conviction before any court of any person of an offence under section 158, against any woman under the age of twenty-one years, the court may divest the offender of all authority over the woman and, if the offender is her guardian, remove the woman from offender’s guardianship, and in any such case may appoint any person or persons to be the guardian or guardians of the woman during her minority or for any lesser period: Provided that, the High Court may, at any time, vary or rescind the order by the appointment of any other person as a guardian or in any other respect. - 160 Verify source ↗
160A. Punishment for sexual offences
160. A female person of or above the age of eighteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her, knowing him to be her grandfather, father, brother or son as the case may be, commits the offence of incest and shall be liable to imprisonment for life or for imprisonment of not less than thirty years and shall, in addition, be ordered to pay compensation of an amount determined by the court to the victim in respect of whom the offence was committed: Provided that, if the male person is below the age of eighteen years, to imprisonment of not less than thirty years. Punishment for sexual offences Acts Nos. 9 of 2002 Sch 4 of 1998 - 160A Verify source ↗
Punishment for sexual offences
If a person is convicted of a sexual offence under Chapter XV, the court must sentence that person to imprisonment for the term set by the Chapter.
160A. Where any person is convicted of any sexual offence specified under Chapter XV of this Code, as amended by the Sexual Offences Special Provisions Act, the court shall sentence such person to imprisonment for a term prescribed under the Chapter. 646 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Punishment of children Act No. 19 of 2007 s. 8 - 160B Verify source ↗
Punishment of children
The court may use revisionary and discretionary sentencing powers to protect children and avoid cruel sentences for people aged 18 or under.
160B. For promotion and protection of the right of the child, nothing in Chapter XV of this Code shall prevent the court from exercising- Test of relationship Indecent communication of photos, videos, pictures or images Act No. 13 of 2019 s. 67 (a) revisionary powers to satisfy that, cruel sentences are not imposed to persons of or below the age of eighteen years; or (b) discretionary powers in imposing sentences to persons of or below the age of eighteen years. - 161 Verify source ↗
Test of relationship
This section says “brother” and “sister” include half-brother and half-sister for sections 158 and 160.
161. In sections 158 and 160 the expressions “brother” and “sister”, respectively, include half-brother and half-sister and the provisions of those sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock. - 162 Verify source ↗
Indecent communication of photos, videos, pictures or images
A person must not take or share photos, videos, pictures, or images of corpses, dead persons, victims of crimes, or gruesome incidents, except for listed purposes.
162.–(1) A person shall not- (a) save as provided for under subsection (2), take photos, pictures, videos or images of corpses, dead persons, victims of crimes or gruesome incidents; or (b) intentionally and without authority, use any form of communication to share pictures, videos or photos of corpses, dead persons, victims of crimes or gruesome incidents. (2) The provision of subsection (1) shall not apply to taking of photos, pictures, videos or images of corpses, dead persons, victims of crimes or gruesome incidents for the purposes of- (a) criminal investigations; (b) burial ceremonies, in the case of corpses and dead persons; or (c) any other purposes as may be permitted by the police officer or other authorised officer. (3) A person who contravenes the provisions of this section commits an offence and on conviction, shall be liable to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both. 647 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] CHAPTER XVI OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS Fraudulent pretence of marriage
Part
CHAPTER XVI
- 163 Verify source ↗
Fraudulent pretence of marriage
A person who fraudulently makes a woman believe she is lawfully married to him and then cohabit or have sex with him commits an offence punishable by 10 years’ imprisonment.
163. A person who wilfully and by fraud causes a woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, commits an offence and shall be liable to imprisonment for ten years. Repealed - 164 Verify source ↗
Repealed
This section is repealed.
164. [Repealed by Act No. 5 of 1971 s. 166(2).] Marriage ceremony fraudulently gone through without lawful marriage - 165 Verify source ↗
Marriage ceremony fraudulently gone through without lawful marriage
A person who knowingly and fraudulently goes through a marriage ceremony without being lawfully married commits an offence.
165. A person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, commits an offence and shall be liable to imprisonment for five years. Desertion of children Act No. 21 of 2009 s. 188 - 166 Verify source ↗
Desertion of children
A parent, guardian, or other caretaker of a child under 18 who can support the child must not wilfully desert the child and leave it without support.
166. A person who being the parent, guardian or other person having the lawful care or charge of a child whose apparent age is not more than eighteen years, and being able to maintain the child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means of support, commits an offence. Neglecting to provide food, etc., for children Act No. 21 of 2009 s. 189 - 167 Verify source ↗
Neglecting to provide food, etc., for children
A parent, guardian, or other person responsible for a child must not refuse or neglect to provide enough food, clothes, bedding, and other necessities if able to do so, where the child is under 18 and cannot provide for itself.
167. A person who, being the parent or guardian or other person having the lawful care or charge of any child whose apparent age is not more than eighteen years and unable to provide for itself, refuses or neglects to provide, being able to do so, sufficient food, clothes, bedding and other necessaries of life for the child, so as to injure the health of that child, commits an offence Master not providing for servants or apprentices - 168 Verify source ↗
Master not providing for servants or apprentices
A master or mistress who is legally responsible for an apprentice or servant must provide necessary food, clothing, or lodging, and must not wilfully neglect that duty or cause bodily harm that endangers the apprentice’s or servant’s life or health.
168. A person who, being legally liable either as a master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to 648 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] the apprentice or servant so that the life of that apprentice or servant is endangered or that his health has been or is likely to be permanently injured, commits an offence. Child stealing Act No. 21 of 2009 s. 190 - 169 Verify source ↗
Child stealing
It is an offence to intentionally take, entice away, detain, receive, or harbour a child under 18 to deprive the lawful caregiver of the child’s possession.
169.–(1) A person who, with intent to deprive a parent, guardian or other person who has the lawful care or charge of a child under the age of eighteen years, of the possession of that child- (a) forcibly or fraudulently takes or entices away, or detains Cruelty to children Acts Nos. 4 of 1998 s. 21; 10 of 2001 Sch.; 1 of 2022 s. 55 the child; or (b) receives or harbours the child, knowing it to have been so taken or enticed away or detained, commits an offence and shall be liable to imprisonment for seven years. (2) It is a defence to a charge under this section to prove that the accused person claimed in good faith a right to the possession of the child or, in the case of a child born out of wedlock, is its mother or claimed to be its father. - 169A Verify source ↗
Cruelty to children
169A.–(1) A person who, having the custody, charge or care of any person under eighteen years of age, ill-treats, neglects or abandons that person or causes female genital mutilation or carries or causes to be carried out female genital mutilation or procures that person to be assaulted, ill-treated, neglected or abandoned in a manner likely to cause him suffering or injury to health, including injury to, or loss of, sight or hearing, or limb or organ of the body or any mental derangement, commits the offence of cruelty to children. (2) A person who commits the offence of cruelty to children on conviction, shall be liable to a fine not exceeding one million shillings or to imprisonment for a term of not less than five years and not exceeding fifteen years or to both and shall be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for the injuries caused to that person. 649 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Common nuisance Gaming houses CHAPTER XVII PYRAMID SCHEMES, NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE2
Part
CHAPTER XVII
- 170 Verify source ↗
Common nuisance
A person commits common nuisance if they do an unlawful act or fail to perform a legal duty and this causes public injury, danger, annoyance, or interference with common rights; the penalty is up to one year in prison.
170.–(1) A person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights commits the offence termed as “common nuisance”, and shall be liable to imprisonment for one year. (2) It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public. - 171 Verify source ↗
Gaming houses
Keeping a common gaming house is an offence, and people found there without being covered by subsection (1) are also treated as offending unless they prove otherwise.
171.–(1) A person being the owner or occupier, or having the use of, any house, room or place, who opens, keeps, or uses it for the purpose of unlawful gaming being carried on therein, and any person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept or used by any other person for any of those purposes, and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for such purposes is said to keep a common gaming house. (2) In this section “unlawful gaming” means any game the chances of which are not alike favourable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet. (3) A person who keeps a common gaming house commits an offence. 2 Amended by Act No. 3 of 2011 s.8. 650 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Prohibition of pyramid and other similar schemes Acts Nos. 8 of 2006 Sch.; 3 of 2011 s. 8; 1 of 2022 s. 56 (4) A person other than a person mentioned in subsection (1) who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming and commits an offence and shall be liable to a fine of fifty thousand shillings for the first offence, and for each subsequent offence to a fine of four hundred shillings or imprisonment for three months or to both. - 171A Verify source ↗
Prohibition of pyramid and other similar schemes
It is an offence to conduct or manage a pyramid scheme, and the Minister responsible for legal affairs may exempt certain schemes by Gazette order.
171A.–(1) A person who conducts or manages a pyramid scheme commits an offence. (2) A “pyramid scheme” means an operation or contrivance whereby a person- (a) holds out a promise to another person or persons that upon- (i) the payment of a specific sum of money; (ii) giving a certain amount of valuable security; or (iii) obliging another person or persons to pay the specific amount of money or to give a certain amount of valuable security, that person shall become entitled to receive a sum of money or an amount of valuable security which, given all commercial considerations, is greater than the money or valuable security given or a return on the investment of the money or valuable security so given; (b) makes any payment to or for the benefit of the promoter or to any of the promoters, or for the benefit of a participant in the scheme; (c) sends or cause to be sent any chain letter or who sends or receives any money or money’s worth in connection with any chain letter. (2A) “chain letter” as used in subsection (2)(c) means a document addressed by one person to another suggesting to that other person- (a) that he should send a document having the same purport to a number of other persons; and 651 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (b) that he should remit to a person or to an address specified in the first mentioned document money or money’s worth. (3) A person who contravenes subsection (1) on conviction, shall be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years. (4) This section shall apply to any of such scheme whereby- (a) the prospect is held out to participants in the scheme receiving payments or other benefit in respect of any of the following: (i) the introduction by any person or other person who becomes participants in the scheme; (ii) the continued participation by participants in the scheme; (iii) the promotion, transfer or other change of status of participant in the scheme; (iv) the supply of goods or services by any person to or for other persons; or the acquisition of goods or services by any person; (v) (b) goods or service or both, are to be- (i) provided by the person promoting the scheme or, in the case of the scheme promoted by two or more persons acting in concert, by one or more of those persons; (ii) provided to or for other persons under a transaction effected by the participant, whether in the capacity as an agent of the promoter or one of the promoters or in any other capacity; (iii) used for the purpose of any supply of goods or services to or for other persons under the scheme; or (iv) supplied by the promoter or any of the promoters to or for persons introduced to him or any of the other promoters, or an employee or agent of his or theirs, by participants. (5) For the purpose of subsection (2), a prospect shall be deemed to have been held out to a participant whether it is 652 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Prohibition against inducement Act No. 8 of 2006 Sch. held out so as to confer on that participant a legally enforceable right or not. (6) This section shall not apply to any scheme- (a) under which the promoter or any of the promoters or participants is to carry on or is purported to carry on investment business in the United Republic in accordance with any written law; or (b) which otherwise falls within a description of exempted scheme. (7) The Minister responsible for legal affairs may, in consultation with the Minister responsible for finance, by order published in the Gazette, exempt any scheme of a kind specified in the order, from the operation of this section. 171B-(1) A person who induces or attempts to induce any person to- (a) make any payment to or for the benefit of the promoter or any of the promoters or, to or for the benefit of any participant in a scheme; or (b) become a participant and to make any payment to or for the benefit of the promoter or for the benefit of any participant in a scheme, commits an offence and on conviction, shall be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years. (2) In determining whether an inducement or attempt to induce is made by holding out a prospect, it shall be sufficient if the prospect constitutes or would constitute a substantial part of the inducement. (3) Where an offence has been committed by any participant, every promoter of the scheme shall strictly be held liable for such commission of the offence. (4) Where a person is charged with an offence in respect of an advertisement, it shall be a defence for that person to prove that, he is a person whose business is to publish or arrange for the publication in the advertisements, and that he received 653 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] the advertisement for publication in the ordinary cause of business and did not know, and had no reason to suspect that the publication would amount to an offence. (5) Where a promoter is charged by reason of commission of an offence by another person pursuant to subsection (4), it shall be a defence for that promoter to prove that the act constituting an offence was committed without his consent. Interpretation Act No. 8 of 2006 Sch.
Part
part of the inducement.
- 171C Verify source ↗
Interpretation
This section defines “goods,” “participants,” and “scheme” for sections 171A and 171B, and says references to supplying goods also include granting or transferring a right or interest.
171C.–(1) For the purposes of sections 171A and 171B, unless the context requires otherwise- “goods” includes property of any description and a right to or interest in any property; “participants” in relation to a scheme, means a person other than a promoter or any of the promoters who participated in the scheme; “scheme” means any arrangement made in connection with the carrying on of a business whether such arrangement is made or recorded wholly or partly in writing or not. (2) Any reference to the provision or supply of goods shall be construed as including a reference to the grant or transfer of a right or interest. Betting houses - 172 Verify source ↗
Betting houses
A place used for betting or certain betting-related payments is a common betting house. Owners or occupiers who knowingly let it be used that way, or anyone managing or helping run such a house, commit an offence and can be imprisoned for one year. A limited exception applies to approved totalisator use by certain recognised clubs.
172.–(1) Any house, room or place is called a common betting house if it is used for any of the following purposes, that is to say- (a) for the purpose of bets being made therein between person resorting to the place and- (i) the owner, occupier or keeper of the place, or any person using the place; (ii) any person procured or employed by or acting for or on behalf of any such owner, occupier or keeper, or person using the place; or (iii) any person having the care or management, or in any manner conducting the business, of the place; 654 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] (b) for the purpose of any money or other property being paid or received therein by or on behalf of the owner, occupier or keeper, or person using the place, as or for consideration- (i) for an assurance, undertaking, promise or agreement express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race or other race, fight, game, sport or exercise; or (ii) for securing the paying or giving by some other person of any money or other property on any such event or contingency. (2) A person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept or used as a common betting house by another person, or who has the use or management, or assists in conducting the business, of a common betting house, commits an offence, and shall be liable to imprisonment for one year: Provided that, it shall not be an offence to use a totalisator by a race club, gymkhana club or sports club recognised by the Government at any public meeting, with the approval in each case of the Inspector-General of Police and; in this proviso, “totalisator” means the instrument, machine or contrivance, commonly known as the totalisator and any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles. Repealed - 173 Verify source ↗
Repealed
Section 173 is repealed.
173. [Repealed by Act No. 23 of 1967 s. 25.] Repealed - 173A Verify source ↗
Repealed
This section is repealed.
173A. [Repealed by R.L. Cap. 440 s. 16.] Repealed - 173B Verify source ↗
Repealed
This section was repealed and only shows the heading “Keeper of premises defined.”
173B. [Repealed by Act No. 3 of 2011 s. 9.] Keeper of premises defined - 174 Verify source ↗
Keeper of premises defined
A person who acts like the master, mistress, or manager of the specified premises is treated as the keeper, even if they are not the real keeper.
174. A person who appears, acts or behaves as master or mistress, or as the person having the care or management of the house, room, set of rooms or place mentioned in sections 171 and 172 is to be taken to be the keeper, whether he is or is not the real keeper. 655 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Traffic in obscene publications Act No. 3 of 1995 Sch. - 175 Verify source ↗
Traffic in obscene publications
A person must not make, possess, import, distribute, advertise, or publicly exhibit obscene matter or performances intended to corrupt morals; doing so is an offence punishable by a fine or up to two years’ imprisonment.
175.–(1) A person who- (a) for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his possession any obscene writing, drawing, print, painting, printed matter, picture, poster, emblem, photograph, cinematograph film or any other obscene object or other object tending to corrupt morals; (b) for any of the purposes referred to in paragraph (a) imports, conveys or exports, or causes to be imported, conveyed or exported any such matters or things, or in any manner whatsoever puts any of them in circulation; (c) carries on or takes part in any business, whether public or private, concerned with any such matters or things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or exhibits any of them publicly, or makes a business of lending any of them; (d) advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic in, any such matters or things, that a person is engaged in any of the acts referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly; or (e) publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals, commits an offence, and shall be liable to a fine of two hundred thousand shillings or to imprisonment for two years. (2) Where in respect of any offence specified in subsection (1) (a), (b), (c) or (d), any constitutive element of the offence is committed in Mainland Tanzania the commission shall be sufficient to render the person accused of that offence triable in Mainland Tanzania. (3) A court, on convicting a person of an offence against this section, may order to be destroyed any matter or thing made, possessed or used for the purpose of that offence. 656 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Idle and disorderly persons Acts Nos. 49 of 1962; 11 of 1983 Sch.; 1 of 2022 s. 42 (4) A court may, on the application of a public prosecutor, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under the provisions of this section in respect of the obscene matter or thing. - 176 Verify source ↗
Idle and disorderly persons
Section 176 says several kinds of conduct in public can make a person an idle and disorderly person, and such a person may be fined, imprisoned, or both.
176. Any of the following persons: (a) a common prostitute behaving in a disorderly or indecent manner in a public place or loitering or soliciting in a public place for the purposes of prostitution; (b) a person wandering or placing himself in a public place to beg or gather alms, or causing or procuring or encouraging a child so to do; (c) a person playing at any game of chance for money or money’s worth in a public place; (d) a person wandering abroad and endeavoring by the exposure of wounds or deformation to obtain or gather alms; (e) a person who publicly conducts himself in a manner likely to cause a breach of the peace; (f) a person who without lawful excuse publicly does any indecent act; (g) a person who in any public place solicits for immoral purposes; (h) an able-bodied person who in any productive work and has no visible means of subsistence; or is not engaged (i) a person employed under lawful employment of any description who is, without any lawful excuse, found engaged on a frolic of his own at a time he is supposed to be engaged in activities connected or relating to the business of his employment, shall be deemed to be an idle and disorderly person and shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding three months or to both. 657 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Harbouring common prostitutes Acts Nos. 49 of 1996 s. 3; 13 of 2019 s. 65; 1 of 2022 s. 57 Rogues and vagabonds Ord. Nos. 3 of 1950 s. 2; 10 of 1956 s. 4; Act No. 49 of 1962 s. 4; GN. No. 73 of 1965 - 176A Verify source ↗
Harbouring common prostitutes
A keeper of certain public-refreshment premises must not knowingly allow common prostitutes to gather and stay there for prostitution.
176A. A person who, being the keeper of any bar, hotel, house, shop, room or other place of public resort for the sale or consumption of refreshments of any kind, knowingly permits or suffers common prostitutes to assemble at and remain on his premises for the purpose of prostitution, commits an offence and on conviction, shall be liable to a fine not exceeding fifty thousand shillings or, in the case of a second or subsequent offence, to a fine not exceeding five hundred thousand shillings. - 177 Verify source ↗
Rogues and vagabonds
Section 177 says several categories of people are treated as rogues and vagabonds and commit an offence, with imprisonment penalties; it also restricts collecting money or appeals for subscriptions in public places without the required written consent, subject to stated exceptions.
177. Any of the following persons: (a) a person convicted of an offence under section 176 after having been previously convicted as an idle and disorderly person; (b) a person going about as gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; (c) a suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself; (d) a person found in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose; or (e) a person who, without the prior consent in writing in that behalf of the District Commissioner, or, in the case of an urban authority, the police officer in charge of the police in that authority, collects, or makes any appeal for subscriptions of money in any public place for any purpose, shall be deemed to be a rogue and vagabond, and shall be guilty of an offence and liable for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year: 658 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Provided that, paragraph (e) of this section shall not apply to- (a) any person who, or the duly authorised representative of any organisation which, has received the written consent of the Inspector-General of Police to collect, or make any appeal for, subscription of money for religious or charitable purposes; or (b) any person authorised to collect or make any appeal for subscriptions of money under the provisions of any law, including any by-law, in force in Mainland Tanzania: Provided further that, for the purposes of paragraph (e) of this section, the definition “public place” in section 5 of this Code shall not be deemed to include any recognised place of religious worship. - 177A Verify source ↗
Failure to account for money collected by public subscription
A person who collected money by public subscription in Mainland Tanzania must, when required by the District Commissioner or an urban police officer, produce or publish full and correct accounts of the money and how it was used.
177A. Subject to the provisions of any other law, including any by-law, any person, whether or not he has received any written consent referred to in the first proviso to section 177, or has been authorised as in paragraph (a) or (b) of that proviso who, having collected or procured to be collected money by subscription in Mainland Tanzania fails, if and when required so to do by District Commissioner, or in the case of an urban authority by the police officer incharge of the Police in that authority, either to produce to the District Commissioner or the police officer, or to publish in a newspaper designated by the District Commissioner or the police officer, as he may be required, full and correct accounts of any money received by subscription and of its disposal, shall be guilty of an offence and liable for the first offence to imprisonment for two years and for every subsequent offence, to imprisonment for three years. Failure to account for money collected by public subscription Ord. No. 3 of 1950 s. 3; Act No. 2 of 1972 Sch. Offences relating to uniforms R.L Cap. 455, s. 23; GN. Nos. 478 of 1962; 73 of 1965 Acts Nos. 1 of 2022 s. 42 and 58 - 178 Verify source ↗
Offences relating to uniforms
This section makes it an offence to wear, use, import, sell, or hold for sale certain military, police, or law-enforcement uniforms or similar items without required permission, and sets fines, prison terms, and forfeiture.
178.–(1) A person who, not being a person serving in the Defence Forces of the United Republic or in any police force or any law enforcement organ established by law, wears without the permission of the President the uniform of any of those forces or any attire having the appearance or bearing any of the regimental or other distinctive marks of such uniform or attire commits an offence and shall be liable 659 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] to imprisonment for one month or to a fine of fifty thousand shillings: Provided that, this section shall not prevent any person from wearing any uniform or attire in the course of a stage play performed in any place in which stage plays may lawfully be publicly performed, or in the course of a music hall or circus performance, or in the course of any bona fide military representation. (2) A person who unlawfully wears the uniform or attire of any of the forces referred to in subsection (1), or any dress having the appearance or bearing any of the regimental or other distinctive marks of the uniform, in such a manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear the uniform or dress, commits an offence and shall be liable to a fine of four hundred shillings or to imprisonment for three months. (3) A person who, not being in the service of the United Republic or not having previously received the written permission of the Inspector-General of Police so to do, imports or sells or has in his possession for sale any uniform or the buttons or badges appropriate to it, commits an offence and shall be liable to a fine of two hundred thousand shillings or to imprisonment for six months. (4) Where a person is convicted of an offence under this section, the uniform, attire, button, badge or other thing in respect of which the offence was committed shall be forfeited unless the court orders otherwise. Negligent act likely to spread infection - 179 Verify source ↗
Negligent act likely to spread infection
A person commits an offence if they unlawfully or negligently do an act they know, or have reason to believe, is likely to spread infection of a disease dangerous to life.
179. A person who unlawfully or negligently does any act which is and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life commits an offence. Adulteration of food or drink intended for sale - 180 Verify source ↗
Adulteration of food or drink intended for sale
A person commits an offence if they adulterate food or drink to make it noxious, while intending to sell it or knowing it is likely to be sold.
180. A person who adulterates any article of food or drink, so as to make the article noxious as food or drink, intending to sell the article as food or drink, knowing it to be likely that it will be sold as food or drink, commits an offence. 660 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Sale of noxious food or drink Adulteration of drugs Sale of adulterated drugs - 181 Verify source ↗
Sale of noxious food or drink
A person commits an offence if they sell, offer, or expose for sale as food or drink any article that is noxious or unfit for food or drink, while knowing or having reason to believe that it is noxious.
181. A person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that it is noxious as food or drink, commits an offence. - 182 Verify source ↗
Adulteration of drugs
A person commits an offence if they adulterate a drug or medical preparation in a way that reduces its efficacy, changes how it works, or makes it harmful, intending it to be sold or used for medicinal purposes as if unadulterated.
182. A person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of the drug or medical preparation, or to make it noxious, intending that is shall be sold or used for any medicinal purposes, as if it had not undergone adulteration, commits an offence. - 183 Verify source ↗
Sale of adulterated drugs
A person who knows a drug or medical preparation has been adulterated must not sell it, offer it for sale, issue it as unadulterated, or cause it to be used medicinally by someone unaware of the adulteration.
183. A person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells it or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, commits an offence. Fouling water - 184 Verify source ↗
Fouling water
A person must not voluntarily foul or corrupt the water of a public spring or reservoir so it becomes less fit for its ordinary use.
184. A person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, commits an offence. Fouling air - 185 Verify source ↗
Fouling air
A person commits an offence if they voluntarily foul the air in a place so it becomes harmful to nearby people’s health.
185. A person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, commits an offence. Offensive trades - 186 Verify source ↗
Offensive trades
A person must not make loud noises or offensive unwholesome smells in circumstances that annoy a considerable number of people, if done for trade or otherwise.
186. A person who, for the purposes of trade or otherwise, makes loud noises or offensive unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights, commits an offence and shall be liable to the same penalty prescribed under section 171A(1). 661 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] CHAPTER XVIII DEFAMATION Repealed 187-194. [Repealed by Act No. 3 of 1976 s. 55.] Hoarding of commodities Acts Nos. 11 of 1983 3rd Sch.; 13 of 1984 Sch.; 12 of 1987 s. 23 CHAPTER XIX HOARDING AND ALLIED OFFENCES
Part
CHAPTER XIX
- 194A Verify source ↗
Hoarding of commodities
A person who is not a manufacturer or producer commits hoarding if they possess certain demanded commodities at or below one million shillings, sell them on unlawful or unreasonable terms, or use trade practices that create or worsen shortages or distort prices or distribution.
194A.–(1) A person, whether or not licensed to carry on the business of selling a commodity of any description commits the offence of hoarding against this section where, not being a manufacturer or producer of the commodity- (a) he is found in possession of a commodity of the value of one million shillings or less which is in demand by the public in the locality concerned, in circumstances in which it can be inferred that it is not displayed or stocked for lawful sale or use or available for purchase by any person offering the lawful price; (b) he sells or offers any commodity for sale at a price or subject to a term or condition which is unlawful or which, having regard to all relevant circumstances, is unreasonable; or (c) in the course of carrying on the business of selling any commodity, he engages in any trade practice which is intended or likely- (i) to create an artificial shortage in the supply of any commodity; (ii) to aggravate an actually existing shortage in the supply of any commodity; (iii) to cause an unlawful increase or decrease in the official or commercially accepted price of any commodity; or (iv) to adversely affect the fair distribution of any commodity amongst the purchasing population of the area concerned, 662 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] and on conviction, shall be liable to imprisonment for a term not exceeding fourteen years or to a fine not exceeding fifty thousand shillings or to both and the court may, in addition, order that the commodity be forfeited to the Government, unless any other person satisfies the court that any of that commodity belonged to him and not to the accused, and that other person is himself not guilty of an offence under this section. (2) For the purposes of this section- (a) a person shall be deemed to have in stock any commodity of any description in any place if he is the owner of any amount or quantity of such commodity; (b) “person” includes any employee or agent of the accused person, whether or not the employment or agency would be such at law, and where the employee or agent is charged with an offence under this paragraph the provisions of subsection (3) shall apply mutatis mutandis to the employee or agent as they apply where the person charged, is the employer or, as the case may be, the agent; (c) whether or not licensed to carry on business, a person shall be deemed to be carrying on the business of selling a commodity of any description where, at the time when the offence is alleged to have been committed or at any reasonable period preceding or succeeding the date when the offence is alleged to have been committed, he had possession of an amount or quantity of such commodity in circumstances in which it may reasonably be inferred that the commodity was intended by him for sale or he had held himself out as being a seller of that commodity. (3) Where a person is charged with an offence under this section, it shall be a good defence for him to prove that- (a) there was no shortage in the supply of the commodity in the locality concerned; (b) the stocking of the amount or quantity of the commodity concerned was not intended or likely to create any shortage in the supply of the commodity or 663 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] to have any other adverse effect on the distribution of the commodity in the locality; (c) the commodity found in any premises under his control or management did not belong to him and that he had no right to dispose of any of the commodity in any way and that he did, at the earliest possible opportunity, advise the authorities investigating the matter of the identity of the owner; (d) the commodity owned by him or which he had the right to dispose of had at the time when it was found in his possession, been lawfully sold or otherwise lawfully disposed of to another person; (e) the commodity in stock was for his own lawful use or was being used in connection with his lawful business; or (f) he had kept the commodity in store as a reasonable precaution, taken in the interests of his own household, against probable imminent future shortage or famine, or in order to meet a requirement of any future event reasonably important to him. (4) The standard of proof by the accused of any of the facts or circumstances set out in subsection (3) shall be on a balance of probabilities. Repealed - 194B Verify source ↗
Repealed
Section 194B has been repealed.
194B. [Repealed by Act No. 13 of 1984 Third Sch.] Division IV- Offences Against the Person CHAPTER XX MURDER AND MANSLAUGHTER Manslaughter
Part
CHAPTER XX
- 195 Verify source ↗
Manslaughter
A person is guilty of manslaughter if they cause another person's death by an unlawful act or omission.
195.–(1) A person who by an unlawful act or omission causes the death of another person is guilty of manslaughter. (2) Any unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether the omission is or is not accompanied by an intention to cause death or bodily harm. 664 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PENAL CODE ACT [CAP. 16 R.E. 2023] Murder - 196 Verify source ↗
Murder
A person commits murder if, with malice aforethought, they unlawfully cause another person’s death by act or omission.
196. A person who, with malice aforethought, causes the death of another person by an unlawful act or omission is guilty of murder. Punishment for murder Punishment for manslaughter Conviction for infanticide in certain cases
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