THE PENAL CODE
Part 2 of 2 · provisions 201–398
This Act may be cited as the Penal Code and is referred to as “this Code”.
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About this statute
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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Provisions of THE PENAL CODE
Showing 198 of 398
Part
CHAPTER XX
- 197 Verify source ↗
Punishment for murder
A person convicted of murder must be sentenced to death.
197. A person convicted of murder shall be sentenced to death. - 198 Verify source ↗
Punishment for manslaughter
A person who commits manslaughter is liable to imprisonment for life.
198. A person who commits manslaughter is liable to imprisonment for life. - 199 Verify source ↗
Conviction for infanticide in certain cases
A woman who, while not fully recovered from childbirth and with her mind disturbed by childbirth or lactation, wilfully causes the death of her child under 12 months is guilty of infanticide.
199. Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission she had not fully recovered from the effect of giving birth to the child and for that reason or by reason of the effect of giving birth to the child and for that reason or by reason of the effect of lactation consequent upon the birth of the child the balance of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of infanticide, and may, be dealt with and punished for the offence as if she had been guilty of manslaughter of the child. Malice aforethought - 200 Verify source ↗
Malice aforethought
Malice aforethought is treated as established if evidence proves any one of the listed circumstances.
200. Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances: (a) an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not; (b) knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although that knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused; (c) an intent to commit an offence punishable with a penalty which is graver than imprisonment for three years; or 665 ©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] Killing on provocation Provocation defined Ord. No. 6 of 1946 s. 2 (d) an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit an offence. - 201 Verify source ↗
Killing on provocation
A person who unlawfully kills another in the heat of passion caused by sudden provocation, before cooling off, is guilty only of manslaughter.
201. When a person who unlawfully kills another under circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as defined in section 202, and before there is time for his passion to cool, he is guilty of manslaughter only. - 202 Verify source ↗
Provocation defined
This section defines “provocation” for assault and says some acts do not count, including lawful acts and certain incitement-driven acts.
202.–(1) The term “provocation” means, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered. (2) When the unlawful act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any relationship referred to in subsection (1), the former is said to give the latter provocation for an assault. (3) A lawful act is not provocation to any person for an assault. (4) An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault. (5) An arrest which is unlawful is not necessarily provocative for an assault, but it may be evidence of provocation to a person who knows of the illegality. (6) For the purposes of this section, the expression “an ordinary person” means an ordinary person of the community to which the accused belongs. 666 ©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] Causing death defined - 203 Verify source ↗
Causing death defined
This section explains when a person is treated as having caused another person’s death, even if their act was not the immediate or only cause.
203. A person is deemed to have caused the death of another person, although his act is not the immediate or sole cause of death, in any of the following cases where: (a) he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death; in which case it is immaterial whether the treatment was proper or mistaken if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill; (b) he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living; (c) by actual or threatened violence he causes that other person to perform an act which causes the death of that person, the act being a means of avoiding the violence which in the circumstances would appear natural to the person whose death is so caused; (d) by any act or omission he hastens the death of a person suffering under any disease or injury which, apart from that act or omission, would have caused death; (e) his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of another person. When child deemed to be person - 204 Verify source ↗
When child deemed to be person
A child is treated as capable of being killed once it has completely come out of its mother alive.
204. A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not and whether it has an independent circulation or not, and whether the navel string is severed or not. 667 ©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] Limitation as to time of death - 205 Verify source ↗
Limitation as to time of death
A person is not treated as having killed another unless the death occurs within a year and a day of the cause of death.
205.–(1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death. (2) For the purpose of reckoning the period referred to in subsection (1)- (a) the period shall include the day on which the last unlawful act contributing to the cause of death was done; (b) when the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased; and (c) when the cause of death is in part an unlawful act and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later. CHAPTER XXI DUTIES RELATING TO THE PRESERVATION OF LIFE AND HEALTH
Part
CHAPTER XXI
- 206 Verify source ↗
Responsibility of person who has charge of another
A person who has charge of another unable to leave that care and unable to provide necessities must provide the necessities of life.
206. It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from that charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any consequences which adversely affect the life or health of the other person by reason of any omission to perform that duty. Responsibility of person who has charge of another Duty of head of family Act No. 1 of 2022 s. 59 - 207 Verify source ↗
Duty of head of family
A head of a family with charge of a child under 18 in the household must provide the child’s necessaries of life.
207. It is the duty of every person who, as head of a family, has charge of a child under the age of eighteen years, being a member of his household, to provide the necessaries of life for such child; and he shall be deemed to have caused any 668 ©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] consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not. Duty of master and mistress Act No. 1 of 2022 s. 60 - 208 Verify source ↗
Duty of master and mistress
A master or mistress who has contracted to provide food, clothing, or lodging for a servant or apprentice under 18 must provide it.
208. It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of eighteen years to provide them; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty. Duty of persons doing dangerous acts Duty of persons in charge of dangerous things - 209 Verify source ↗
Duty of persons doing dangerous acts
A person who undertakes dangerous medical or other lawful acts must use reasonable skill and care, unless it is a case of necessity.
209. It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing so; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty. - 210 Verify source ↗
Duty of persons in charge of dangerous things
A person in control of a dangerous thing must use reasonable care and precautions to avoid danger.
210. It is the duty of every person to use reasonable care and take reasonable precautions to avoid danger if he has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty. CHAPTER XXII OFFENCES CONNECTED WITH MURDER AND SUICIDE Attempt to murder
Part
CHAPTER XXII
- 211 Verify source ↗
Attempt to murder
A person who unlawfully tries to cause another person’s death, or who intentionally does an act or omits a duty in a way likely to endanger human life, commits an offence and is liable to imprisonment for life.
211. A person who- (a) attempts unlawfully to cause the death of another; or 669 ©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 intent to, unlawfully cause the death of another, does any act or omits to do any act which it is his duty to do, the act or omission being of such a nature as to be likely to endanger human life, commits an offence and shall be liable to imprisonment for life. Repealed - 212 Verify source ↗
Repealed
Section 212 is repealed.
212. [Repealed by Ord. No. 47 of 1954 s. 3.] Accessory after fact to murder - 213 Verify source ↗
Accessory after fact to murder
A person who becomes an accessory after the fact to murder commits an offence and can be imprisoned for seven years.
213. A person who becomes an accessory after the fact to murder commits an offence and shall be liable to imprisonment for seven years. Written threats to murder - 214 Verify source ↗
Written threats to murder
A person who knowingly causes someone to receive a writing threatening to kill a person commits an offence and may be imprisoned for seven years.
214. A person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening to kill any person, commits an offence and shall be liable to imprisonment for seven years. Conspiracy to murder - 215 Verify source ↗
Conspiracy to murder
A person who conspires with someone else to kill any person commits an offence and can be imprisoned for 14 years.
215. A person who conspires with any other person to kill any person, whether that person is in Mainland Tanzania or elsewhere, commits an offence and shall be liable to imprisonment for fourteen years. Aiding suicide - 216 Verify source ↗
Aiding suicide
A person who procures, counsels and induces, or aids another to kill himself commits an offence and is liable to imprisonment for life.
216. A person who- (a) procures another to kill himself; (b) counsels another to kill himself and thereby induces him to do so; or (c) aids another in killing himself, commits an offence and shall be liable to imprisonment for life. Attempting suicide Concealing birth of child - 217 Verify source ↗
Attempting suicide
A person commits an offence if he attempts to kill himself.
217. A person who attempts to kill himself commits an offence. - 218 Verify source ↗
Concealing birth of child
A person commits an offence if, after a woman gives birth, they use the child’s dead body to secretly conceal the birth.
218. A person who, when a woman is delivered of a child endeavours by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at or after its birth, commits an offence. 670 ©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] Child destruction - 219 Verify source ↗
Child destruction
A person who intentionally and by a wilful act causes a capable unborn child to die before birth commits child destruction, unless the act was done in good faith only to preserve the mother’s life.
219.–(1) Subject to subsection (2) a person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes the child to die before it has an existence independent of its mother, shall be guilty of child destruction and on conviction, shall be liable to imprisonment for life. (2) A person commits an offence under this section unless it is proved that the act which caused the death of the child was done in good faith for the purpose only of preserving the life of the mother. (3) For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of twenty eight weeks or more shall be prima facie proof that she was at the time pregnant of a child capable of being born alive. CHAPTER XXIII OFFENCES ENDANGERING LIFE OR HEALTH Disabling in order to commit offence Ord. No. 47 of 1954 s. 3
Part
CHAPTER XXIII
- 220 Verify source ↗
Disabling in order to commit offence
220. A person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, renders or attempts to render any person incapable of resistance, commits an offence and shall be liable to imprisonment for life. Stupefying in order to commit offence - 221 Verify source ↗
Stupefying in order to commit offence
A person who administers or tries to administer a stupefying or overpowering drug or thing to someone, with the required criminal intent, commits an offence and can be imprisoned for life.
221. A person who, with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, administers or attempts to administer any stupefying or overpowering drug or thing to any person commits an offence and shall be liable to imprisonment for life. Acts intended to cause grievous harm or prevent arrest - 222 Verify source ↗
Acts intended to cause grievous harm or prevent arrest
A person who acts with intent to maim, disfigure, disable, cause grievous harm, or resist lawful arrest or detention commits an offence and is liable to life imprisonment.
222. A person who, with intent to maim, disfigure or disable any person or to do some grievous harm to any person or to resist or prevent the lawful arrest or detention of any person- 671 ©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] (a) unlawfully wounds or does any grievous harm to any person by any means whatsoever; (b) unlawfully attempts in any manner to strike any person with any kind of projectile or with a spear, sword, knife or other dangerous or offensive weapon; (c) unlawfully causes any explosive substance to explode; (d) sends or delivers any explosive substance or other dangerous or noxious thing to any person; (e) causes any substance or thing referred to in paragraph (d) to be taken or received by any person; (f) puts any corrosive fluid or any destructive or explosive substance in any place; or (g) unlawfully casts or throws any fluid or substance referred to in paragraph (f) at or upon any person, or otherwise applies any such fluid or substance to that person or any person, commits an offence, and shall be liable to imprisonment for life. - 222A Verify source ↗
Possession of human being parts
A person found in unlawful possession of human being parts commits an offence and may be imprisoned for up to thirty years on conviction.
222A. A person who is found in unlawful possession of human being parts commits an offence and on conviction, shall be liable to imprisonment for a period not exceeding thirty years. - 223 Verify source ↗
Preventing escape from wreck
A person must not unlawfully prevent or obstruct rescue efforts by someone on a distressed or wrecked vessel, or obstruct someone trying to save a life in those circumstances.
223. A person who unlawfully- (a) prevents or obstructs any other person who is on board of, or is escaping from, a vessel which is in distress or wrecked, in his endeavours to save his life; or (b) obstructs any other person in his endeavours to save the life of any person in the circumstances referred to in paragraph (a), commits an offence and shall be liable to imprisonment for life. Possession of human being parts Act No. 9 of 2002 Sch. Preventing escape from wreck Endangering safety of persons travelling by railway Ord. No. 47 of 1954 s. 3 - 224 Verify source ↗
Endangering safety of persons travelling by railway
A person commits an offence if, with intent to injure or endanger railway passengers, they do certain acts on or near a railway or omit a duty, and they may be imprisoned for life.
224.–(1) A person who, with intent to injure or to endanger the safety of any person travelling by any railway, whether a particular person or not- (a) places anything on the railway; (b) deals with the railway, or with anything whatsoever upon or near the railway, in such a manner as to affect 672 ©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 endanger the free and safe use of the railway or the safety of that person; (c) shoots or throws anything at, into or upon or causes anything to come into contact with any person or thing on the railway; (d) shows any light or signal, or in any way deals with any existing light or signal, upon or near the railway; or (e) by any omission to do any act which it is his duty to do causes the safety of any such person to be endangered, commits an offence and shall be liable to imprisonment for life. (2) A person who unlawfully but without the intent specified in subsection (1), causes the safety of any person travelling by railway to be endangered commits an offence. Grievous harm - 225 Verify source ↗
Grievous harm
A person who unlawfully causes grievous harm to another commits an offence and can be imprisoned for seven years.
225. A person who unlawfully does grievous harm to another commits an offence and shall be liable to imprisonment for seven years. Attempting to injure by explosive substance Maliciously administering poison with intent to harm Wounding and similar acts Ord. No. 5 of 1961 s. 8 - 226 Verify source ↗
Attempting to injure by explosive substance
A person who unlawfully puts an explosive substance anywhere with intent to harm another commits an offence and can be imprisoned for 14 years.
226. A person who unlawfully, and with intent to do any harm of another, puts any explosive substance in any place whatsoever, commits an offence and shall be liable to imprisonment for fourteen years. - 227 Verify source ↗
Maliciously administering poison with intent to harm
A person who unlawfully poisons or causes poison or a noxious thing to be taken or administered to someone, with intent to injure or annoy and causing danger or grievous harm, commits an offence.
227. A person who, unlawfully and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life or does him some grievous harm, commits an offence and shall be liable to imprisonment for fourteen years. - 228 Verify source ↗
Wounding and similar acts
A person who unlawfully wounds another, or unlawfully causes poison or a noxious thing to be given to or taken by someone with intent to injure or annoy, commits an offence.
228. A person who- (a) unlawfully wounds another; or (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by any person, commits an offence and shall be liable to imprisonment for three years. 673 ©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] Failure to supply necessaries - 229 Verify source ↗
Failure to supply necessaries
A person responsible for providing another person’s necessaries of life must not fail to do so without lawful excuse if that failure could endanger life or permanently injure health.
229. A person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or his health is or is likely to be permanently injured, commits an offence and shall be liable to imprisonment for three years. Responsibility as to surgical operation - 230 Verify source ↗
Responsibility as to surgical operation
A person is not criminally responsible for a surgical operation if it is done in good faith, with reasonable care and skill, and is reasonable in the circumstances.
230. A person is not criminally responsible for performing, in good faith and with reasonable care and skill, a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case. Criminal responsibility for excess force - 231 Verify source ↗
Criminal responsibility for excess force
A person authorised to use force by law or by the injured person’s consent is criminally responsible for any excess force.
231. A person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess according to the nature and quality of the act which constitutes the excess. Effect of victim’s consent on criminal responsibility for death or maim - 232 Verify source ↗
Effect of victim’s consent on criminal responsibility for death or maim
A person’s consent to their own death or maiming does not remove criminal responsibility from the person who causes it.
232. Notwithstanding anything contained in section 231 consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom the death or maim is caused. Reckless and negligent acts CHAPTER XXIV CRIMINAL RECKLESSNESS AND NEGLIGENCE
Part
CHAPTER XXIV
- 233 Verify source ↗
Reckless and negligent acts
A person commits an offence if they act or omit to act in a rash or negligent way that endangers human life or is likely to harm another person.
233. A person who in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person- (a) drives any vehicle or rides on any public way; (b) navigates, or takes part in the navigation or working of any vessel; (c) does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession; 674 ©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] (d) omits to take precautions against any probable danger from any animal in his possession; (e) gives medical or surgical treatment to any person whom he has undertaken to treat; (f) dispenses, supplies, sells, administers or gives away any medicine or poisonous or dangerous matter; (g) does any act with respect to, or omits to take proper precautions against, any probable danger from any machinery of which he is solely or partly in charge; or (h) does any act with respect to, or omits to take proper precautions against, any probable danger from any explosive in his possession, commits an offence. Other negligent acts causing harm - 234 Verify source ↗
Other negligent acts causing harm
A person who unlawfully does an act, or fails to do a required act, and causes harm to someone commits an offence and may be imprisoned for six months.
234. A person who unlawfully does any act or omits to do any act which it is his duty to do, not being an act or omission specified in section 233, by which act or omission harm is caused to any person, commits an offence and shall be liable to imprisonment for six months. Handling of poisonous substance in negligent manner Act No. 13 of 2019 s. 65 - 235 Verify source ↗
Handling of poisonous substance in negligent manner
A person who handles a poisonous substance in a rash or negligent way, or omits necessary care, commits an offence and can be fined or jailed.
235. Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is necessary to guard against probable danger to human life from the poisonous substance, commits an offence, and shall be liable to a fine of two hundred thousand shillings or to imprisonment for six months. Omitted - 236 Verify source ↗
Omitted
This section is titled “Exhibition of false light, mark or buoy.”
236. [Reproduced as s. 224(2).] Exhibition of false light, mark or buoy - 237 Verify source ↗
Exhibition of false light, mark or buoy
A person must not exhibit a false light, mark, or buoy if they intend or know it is likely to mislead a navigator.
237. A person who exhibits any false light, mark or buoy, intending or knowing it to be likely that its exhibition will mislead a navigator, commits an offence and shall be liable to imprisonment for seven years. 675 ©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] Conveying person by water for hire in unsafe or overloaded vessel - 238 Verify source ↗
Conveying person by water for hire in unsafe or overloaded vessel
A person commits an offence if they knowingly or negligently carry, or arrange the carriage of, anyone for hire by water in a vessel that is unsafe because of its condition or loading.
238. A person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in a vessel, when that vessel is in such a state or so loaded as to be unsafe, commits an offence. Danger or obstruction in public way or line of navigation - 239 Verify source ↗
Danger or obstruction in public way or line of navigation
A person who causes danger, obstruction, or injury in a public way or public line of navigation, including by failing to take reasonable care with property in their possession or charge, commits an offence and may be fined.
239. A person who, by doing any act or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation commits an offence and shall be liable to a fine. CHAPTER XXV ASSAULTS Common assault
Part
CHAPTER XXV
- 240 Verify source ↗
Common assault
A person who unlawfully assaults another commits an offence and may be imprisoned for one year, unless the Code provides a greater punishment for the assault.
240. A person who unlawfully assaults another commits an offence and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, shall be liable to imprisonment for one year. Assaults causing actual bodily harm - 241 Verify source ↗
Assaults causing actual bodily harm
A person who assaults someone and causes actual bodily harm commits an offence and may be imprisoned for five years.
241. A person who commits an assault occasioning actual bodily harm commits an offence and shall be liable to imprisonment for five years. Assaults on persons protecting wreck - 242 Verify source ↗
Assaults on persons protecting wreck
Assaulting or wounding certain officials or authorised persons involved with distressed or wrecked vessels is an offence punishable by seven years’ imprisonment.
242. A person who assaults and strikes or wounds any magistrate, officer or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded or cast on shore or lying under water, commits an offence and shall be liable to imprisonment for seven years. Other types of assault - 243 Verify source ↗
Other types of assault
A person who assaults another in the listed circumstances commits an offence and can be imprisoned for five years.
243. A person who- (a) assaults another with intent to commit an offence or to resist or prevent the lawful apprehension or detainment of himself or of any other person for any offence; 676 ©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) assaults, resists or wilfully obstructs any police officer in the due execution of his duty, or any person acting in aid of the police officer; (c) assaults any person in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or respecting any trade, business or manufacture or respecting any person concerned or employed therein; (d) assaults, resists or obstructs any person engaged in the lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under that process of distress; or (e) assaults any person on account of any act done by him in the execution of any duty imposed on him by law, commits an offence and shall be liable to imprisonment for five years. CHAPTER XXVI OFFENCES AGAINST LIBERTY Definition of kidnapping from Mainland Tanzania
Part
CHAPTER XXVI
- 244 Verify source ↗
Definition of kidnapping from Mainland Tanzania
A person is defined as kidnapping someone from Mainland Tanzania if they convey that person beyond Mainland Tanzania without the required consent.
244. A person who conveys another person beyond the limits of Mainland Tanzania without the consent of that person or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Mainland Tanzania. Definition of kidnapping from lawful guardianship Act No. 21 of 2009 s. 191 - 245 Verify source ↗
Definition of kidnapping from lawful guardianship
A person who takes or entices a minor or a person of unsound mind away from their lawful guardian without the guardian’s consent is treated as kidnapping from lawful guardianship.
245. A person who takes or entices another person under eighteen years of age or any person of unsound mind, out of the keeping of the lawful guardian of the minor or person of unsound mind, without the consent of the guardian, is said to kidnap that person from lawful guardianship. Definition of abduction - 246 Verify source ↗
Definition of abduction
A person abducts another person if they force or deceitfully induce that person to go from any place.
246. A person who by force compels, or by deceitful means induces, any person to go from any place is said to abduct that person. Punishment for kidnapping - 247 Verify source ↗
Punishment for kidnapping
Kidnapping a person from Mainland Tanzania or lawful guardianship is an offence punishable by seven years’ imprisonment.
247. A person who kidnaps any other person from Mainland Tanzania or from lawful guardianship commits an offence and shall be liable to imprisonment for seven years. 677 ©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] Kidnapping or abducting in order to murder - 248 Verify source ↗
Kidnapping or abducting in order to murder
A person who kidnaps or abducts someone for the purpose of murder or putting that person in danger of murder commits an offence and can be imprisoned for 10 years.
248. A person who kidnaps or abducts a person in order that, that person may be murdered, or may be so disposed of as to be put in danger of being murdered, commits an offence and shall be liable to imprisonment for ten years. Kidnapping or abducting with intent to confine - 249 Verify source ↗
Kidnapping or abducting with intent to confine
A person who kidnaps or abducts someone with intent to secretly and wrongly confine that person commits an offence and is liable to seven years’ imprisonment.
249. A person who kidnaps or abducts a person with intent to cause that person to be secretly and wrongfully confined commits an offence and shall be liable to imprisonment for seven years. Kidnapping or abducting with intent to do harm Wrongfully concealing kidnapped or abducted person Kidnapping or abducting child with intent to steal Act No. 21 of 2009 s. 192 Punishment for wrongful confinement Act No. 13 of 2019 s. 65 - 250 Verify source ↗
Kidnapping or abducting with intent to do harm
Kidnapping or abducting a person for harmful purposes is an offence punishable by 10 years’ imprisonment.
250. A person who kidnaps or abducts another in order that, that other person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that the person will be so subjected or disposed of, commits an offence and shall be liable to imprisonment for ten years. - 251 Verify source ↗
Wrongfully concealing kidnapped or abducted person
A person who knows someone has been kidnapped or abducted must not wrongfully conceal or confine that person.
251. A person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines that person, commits an offence, and shall be punished in the same manner as if he had kidnapped or abducted that person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains the person in confinement. - 252 Verify source ↗
Kidnapping or abducting child with intent to steal
A person who kidnaps or abducts a child under 18 with intent to dishonestly take movable property commits an offence and can be imprisoned for seven years.
252. A person who kidnaps or abducts any child under the age of eighteen years with the intention of taking dishonestly any movable property from the person of the child, commits an offence and shall be liable to imprisonment for seven years. - 253 Verify source ↗
Punishment for wrongful confinement
Wrongfully confining another person is an offence.
253. A person who wrongfully confines another person commits an offence and shall be liable to a fine of three hundred thousand shillings or to imprisonment for one year. 678 ©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] Buying or disposing of any person as slave - 254 Verify source ↗
Buying or disposing of any person as slave
A person must not import, export, remove, buy, sell, dispose of, accept, receive, or detain any person as a slave.
254. A person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, commits an offence, and shall be liable to imprisonment for seven years. Habitual dealing in slaves - 255 Verify source ↗
Habitual dealing in slaves
A person who habitually deals in slaves, or imports, exports, removes, buys, sells, or traffics in them, commits an offence and may be imprisoned for ten years.
255. A person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves, commits an offence and shall be liable to imprisonment for ten years. Unlawful compulsory labour - 256 Verify source ↗
Unlawful compulsory labour
It is an offence to unlawfully force another person to work against their will.
256. A person who unlawfully compels any other person to labour against the will of that person commits an offence. Division V. - Offences Relating to Property CHAPTER XXVII THEFT Things capable of being stolen
Part
CHAPTER XXVII
- 257 Verify source ↗
Things capable of being stolen
This section defines what kinds of things and animals can be stolen.
257.–(1) Every inanimate thing which is the property of any person and which is movable, is capable of being stolen. (2) Every inanimate thing which is the property of any person and which is capable of being made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it. (3) Every tame animal, whether tame by nature or wild by nature that tamed, which is the property of any person, is capable of being stolen. (4) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Mainland Tanzania, which are the property of any person and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement. (5) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Mainland Tanzania, which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time. 679 ©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] Definition of theft Act No. 14 of 1980 s. 10 (6) An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank or other small enclosure, or is otherwise so placed that it cannot escape, and that its owner can take possession of it at pleasure. (7) Wild animals in the enjoyment of their natural liberty are not capable of being stolen but their dead bodies are capable of being stolen. (8) Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen. - 258 Verify source ↗
Definition of theft
This section says a person steals a thing if they fraudulently take it without claim of right, or fraudulently convert it to someone else’s use.
258.–(1) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person other than the general or special owner thereof anything capable of being stolen, steals that thing. (2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if he does so with any of the following intents, that is to say- (a) an intent permanently to deprive the general or special owner of the thing of it; (b) an intent to use the thing as a pledge or security; (c) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; (d) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion; or (e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner. (3) For purposes of this section “special owner” means any person who has lawful possession or custody of, or any proprietary interest in the thing in question. (4) Where a thing stolen is converted, it is immaterial whether it is taken for the purposes of conversion or whether it is at the time of the conversion in the possession of the 680 ©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] Special cases Funds, etc., held under direction person who converts it or whether the person who converts the thing in question is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of it. (5) Where a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner and believes on reasonable grounds that the owner cannot be discovered. (6) A person shall not be deemed to take a thing unless he moves the thing or causes it to move. - 259 Verify source ↗
Special cases
Two situations are stated not to count as theft: a factor or agent pledging or giving a lien on entrusted goods within stated money limits, and a servant taking food to give to an animal of the master.
259.–(1) Where a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be theft. (2) Where a servant, contrary to his master’s orders, takes from his possession any food in order that it may be given to an animal belonging to or in the possession of his master, such taking is not deemed to be theft. - 260 Verify source ↗
Funds, etc., held under direction
If a person receives money, valuable security, or a power of attorney with directions on how it must be used or paid out, the money and proceeds are treated as belonging to the person who provided them until the direction is followed.
260. Where a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge or other disposition of any property, whether capable of being stolen or not, with a direction in either case that the money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of the security, or of the mortgage, pledge or other disposition, shall be applied to any purpose or paid to any person specified in the direction, the money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with. 681 ©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] Funds, etc., received by agents from sales Money received for another Theft by persons having interest in thing stolen - 261 Verify source ↗
Funds, etc., received by agents from sales
If a person receives property to sell or dispose of it and account for the proceeds, the proceeds and exchange items are treated as the original owner’s property until dealt with under the agreed terms, unless the terms create only a debtor-creditor account.
261. Where a person receives either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it and requiring him to pay or account for the proceeds of the property or any part of the proceeds or to deliver anything received in exchange for the property to the person from whom it is received or some other person, then the proceeds of the property and anything so received in exchange for it are deemed to be the property of the person from whom the property was so received until they have been disposed of in accordance with the terms on which the property was received unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them and that the relationship of debtor and creditor only shall exist between them.
Part
part of the proceeds or to deliver anything received in exchange
- 262 Verify source ↗
Money received for another
If a person receives money for someone else, the money is treated as that other person's property, unless it is received as part of a debtor-creditor account arrangement.
262. Where a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received unless the money is received on the terms that it shall form an item in a debtor and creditor account and that the relationship of debtor and creditor only shall exist between the parties. - 263 Verify source ↗
Theft by persons having interest in thing stolen
A person can still commit theft by taking or converting something capable of being stolen, even if they own it or have some other interest in it.
263. Where a person takes or converts anything capable of being stolen under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein or that he himself is the owner of the thing, taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society owning it. Husband and wife Act No. 5 of 1971 2nd Sch. - 264 Verify source ↗
Husband and wife
A husband or wife can be treated as guilty of stealing from the other spouse.
264. For the avoidance of doubt, it is hereby declared that a husband may be guilty of stealing from his wife or a wife from her husband. 682 ©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] General punishment for theft Ord. No. 49 of 1955 s. 10; Act No. 2 of 1972 Sch. - 265 Verify source ↗
General punishment for theft
Stealing anything capable of being stolen is theft and can lead to imprisonment for seven years, unless another punishment applies.
265. A person who steals anything capable of being stolen commits theft, and shall be liable, unless owing to the circumstances of the theft or the nature of the thing stolen, some other punishment is provided, to imprisonment for seven years. Stealing wills - 266 Verify source ↗
Stealing wills
Stealing a testamentary instrument can lead to up to 10 years’ imprisonment.
266. Where the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender shall be liable to imprisonment for ten years. Repealed - 267 Verify source ↗
Repealed
Section 267 is repealed.
267. [Repealed by Act No. 13 of 1984 Third Sch.] Stealing certain animals Act No. 12 of 1987 s. 23 - 268 Verify source ↗
Stealing certain animals
Stealing certain listed animals carries a 15-year imprisonment penalty.
268.–(1) Where the thing stolen is any of the animals to which this section applies the offender shall be liable to imprisonment for fifteen years. Stealing from person, etc. Ord. No. 49 of 1955 s. 11; Acts Nos. 2 of 1972 Sch.; 13 of 2019 s. 65; (2) Where any person kills any animal to which this section applies with intent to steal its skin or carcass or any part of its skin or carcass he shall, for the purposes of section 265 and this section, be deemed to have stolen the animal and shall be liable to be proceeded against and punished accordingly. (3) This section applies to a horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig. - 269 Verify source ↗
Stealing from person, etc
A person who commits theft in the listed aggravated circumstances is liable to 10 years’ imprisonment.
269. Where a theft is committed under any of the following circumstances, that is to say, if- (a) the thing is stolen from the person of another; (b) the thing is stolen in a dwelling house and its value exceeds fifty thousand shillings or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling house; (c) the thing is stolen from any kind of vessel or vehicle or place of deposit; (d) the thing stolen is attached to or forms part of a railway; or (e) the offender, in order to commit the offence, opens any locked room, box or other receptacle by means of a key or other instrument, the offender shall be liable to imprisonment for ten years. 683 ©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] Stealing by persons in public service R.L. Cap. 500 s. 12 Act No. 2 of 1972 Sch. - 270 Verify source ↗
Stealing by persons in public service
A person employed in public service who steals certain government-related property is liable to 14 years’ imprisonment.
270. Where the offender is a person employed in the public service and the thing stolen is the property of the United Republic or came into the possession of the offender by virtue of his employment, he shall be liable to imprisonment for fourteen years. Stealing by clerks and servants Act No. 2 of 1972 Sch. - 271 Verify source ↗
Stealing by clerks and servants
Clerks or servants who steal their employer’s property, or property received on the employer’s account, are liable to imprisonment for ten years.
271. Where the offender is a clerk or servant and the thing stolen is the property of his employer or came into the possession of the offender on the account of his employer, he shall be liable to imprisonment for ten years. Stealing by directors or officers of companies Act No. 2 of 1972 Sch. Stealing by agents, etc. Act No. 2 of 1972 Sch. - 272 Verify source ↗
Stealing by directors or officers of companies
A director or officer of a corporation or company who steals company property is liable to imprisonment for 14 years.
272. Where the offender is a director or officer of a corporation or company and the thing stolen is the property of the corporation or company, he shall be liable to imprisonment for fourteen years. - 273 Verify source ↗
Stealing by agents, etc
If stolen property is one of the listed kinds, the offender is liable to ten years’ imprisonment.
273. Where the thing stolen is any of the following things, that is to say- (a) property which has been received by the offender with a power of attorney for its disposal; (b) property which has been entrusted to the offender either alone or jointly with any other person for him to retain in safe custody or to apply, pay or deliver it or any part of it or any of its proceeds for any purpose or to any person; (c) property which has been received by the offender either alone or jointly with any other person for or on account of any other person; (d) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that its proceeds the person of another should be applied to any purpose or paid to any person specified in the direction; or (e) the whole or part of the proceeds arising from any disposal of any property which has been received by the offender by virtue of a power of attorney for the 684 ©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] disposal, such power of attorney having been received by the offender with a direction that the proceeds should be applied to any purpose or paid to any person specified in the direction, the offender shall be liable to imprisonment for ten years. Stealing by tenants or lodgers Act No. 13 of 2019 s. 65 - 274 Verify source ↗
Stealing by tenants or lodgers
If an offender steals a fixture or chattel rented for use with a house or lodging and it is worth more than fifty thousand shillings, the offender is liable to seven years' imprisonment.
274. Where the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds fifty thousand shillings, he shall be liable to imprisonment for seven years. Stealing after previous conviction Act No. 2 of 1972 Sch. Concealing registers - 275 Verify source ↗
Stealing after previous conviction
An offender who had a prior conviction for theft punishable under section 265 before committing the theft is liable to 14 years’ imprisonment.
275. Where the offender, before committing the theft, had been convicted of theft punishable under section 265, he shall be liable to imprisonment for fourteen years. CHAPTER XXVIII OFFENCES ALLIED TO STEALING
Part
CHAPTER XXVIII
- 276 Verify source ↗
Concealing registers
A person who intends to defraud must not conceal or remove certain legally kept registers or copies of them; doing so is an offence punishable by up to ten years’ imprisonment.
276. A person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of a register which is required by law to be sent to any public office, commits an offence and shall be liable to imprisonment for ten years. Concealing wills - 277 Verify source ↗
Concealing wills
A person must not conceal any testamentary instrument with intent to defraud; doing so is an offence punishable by imprisonment for ten years.
277. A person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, commits an offence and shall be liable to imprisonment for ten years. Concealing deeds - 278 Verify source ↗
Concealing deeds
A person who, with intent to defraud, conceals all or part of a document proving title to land or an estate in land commits an offence.
278. A person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land, commits an offence and shall be liable to imprisonment for three years. 685 ©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] Killing animals with intent to steal Act No. 31 of 1972 Sch. - 279 Verify source ↗
Killing animals with intent to steal
A person commits an offence if they kill a stealable animal, not covered by section 268, with intent to steal its skin or carcass (or part of it).
279. A person who kills an animal capable of being stolen, other than an animal to which section 268 applies, with intent to steal its skin or carcass, or any part of its skin or carcass, commits an offence and on conviction, shall be liable to the same punishment as if he had stolen the animal. Severing with intent to steal - 280 Verify source ↗
Severing with intent to steal
A person who makes anything movable with intent to steal commits an offence and faces the same punishment as if the thing had already been stolen after becoming movable.
280. A person who makes anything movable with intent to steal commits an offence and shall be liable to the same punishment as if he had stolen the thing after it had become movable. Fraudulent disposition of mortgaged goods - 281 Verify source ↗
Fraudulent disposition of mortgaged goods
A mortgagor commits an offence if they remove or dispose of mortgaged goods without the mortgagee’s consent and with intent to defraud.
281.–(1) A person who being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, commits an offence. (2) In this section “mortgaged goods” includes any goods and chattels of any kind, an animal, the progeny of an animal, and crops or produce of the soil, whether growing or severed, which are subject for the time being, by virtue of the provisions of any law or of any written instrument, to a valid charge or lien by way of security for any debt or obligation. Fraudulently dealing with minerals in mines - 282 Verify source ↗
Fraudulently dealing with minerals in mines
A person must not take, hide, or otherwise dispose of ore, metal, or mineral in or about a mine with intent to defraud anyone.
282. A person who takes, conceals, or otherwise disposes of any ore or any metal or mineral in or about a mine, with intent to defraud any person, commits an offence and shall be liable to imprisonment for five years. Fraudulent appropriation of power Act No. 1 of 2022 s. 61 - 283 Verify source ↗
Fraudulent appropriation of power
A person must not fraudulently take or divert another person’s mechanical, illuminating, or electrical power; doing so is an offence punishable by a fine or up to five years’ imprisonment.
283. A person who fraudulently abstracts or diverts to his own use or to the use of another person any mechanical, illuminating or electrical power derived from a machine, apparatus or substance, which is the property of another person, commits an offence and shall be liable to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for five years. 686 ©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] Conversion not amounting to theft Acts Nos. 14 of 1980 s. 11; 13 of 2019 s. 65; 1 of 2022 s. 62 Causing pecuniary loss or damage to property of specified authority Acts Nos. 2 of 1970 Sch.; 14 of 1980 s. 12; 1 of 1993 Sch.; 9 of 2002 Sch. - 284 Verify source ↗
Conversion not amounting to theft
A person who unlawfully and without colour of right takes or converts certain animals, cycles, or vessels commits an offence and may be fined or imprisoned.
284. A person who unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any draught or riding animal or any mechanically propelled cycle of any description or any vessel commits an offence and shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for six months or to both. - 284A Verify source ↗
Causing pecuniary loss or damage to property of specified authority
A person must not cause a specified authority pecuniary loss or property damage worth at least ten million shillings; conviction can lead to a fine of at least five million shillings, imprisonment of at least three years, or both.
284A.–(1) A person who, whether or not being an employee of a specified authority, by any willful act or omission to or by his negligence or misconduct or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner, causes any specified authority to suffer pecuniary loss or causes any damage to any property owned or in the possession of a specified authority and which pecuniary loss or damage has a monetary value of not less than ten million shillings, notwithstanding any written law to the contrary, commits an offence and on conviction, shall be liable to a fine of not less than five million shillings or imprisonment for a term of not less than three years or to both. (2) For the purposes of subsection (1)- “employee of a specified authority” includes an officer or a member of a specified authority whether or not he is an employee of such authority and the term “employer” shall be construed accordingly; “specified authority” means- (a) the Government or any Department of the Government in the United Republic; (b) a local government authority; (c) an executive agency established under the Executive Cap. 245 Agencies Act; Cap. 212 (d) the East African Community; (e) a parastatal organisation; (f) any company registered under the Companies Act in which a specified authority, owns any percentage of the issued share capital or has guaranteed to pay any sum in the event of that company being wound up; 687 ©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] (g) a village registered under any written law relating to the registration of villages; (h) a co-operative society registered under any written law relating to co-operatives. (3) A specified authority shall, for the purposes of subsection (1), be deemed to have incurred a pecuniary loss notwithstanding- (a) that it has received or is entitled to receive any payment in respect of the loss under a policy of insurance; or (b) that it has been compensated or is entitled to be compensated, for that loss. (4) A prosecution under this section shall not be commenced without the consent of the Director of Public Prosecutions. (5) For the avoidance of doubt, it is hereby declared that where any person charged with stealing anything or with any other offence under any other section of this Code is acquitted, he may be subsequently charged and tried for an offence under this section only if the subsequent charge under this section is based on acts or omissions related to those upon which the previous charge was based. (6) Where the court convicts a person of an offence under this section, the court shall order that person to pay the specified authority compensation of an amount not exceeding the amount of the actual loss incurred by the specified authority and in assessing the compensation the court shall have regard to any extenuating circumstance it may consider relevant. (7) Where an order is made under subsection (6) the specified authority in whose favour the order is made may file an authenticated copy of the order in the district court having jurisdiction over the area over which the court which made the order has jurisdiction, and upon being so filed the order shall be deemed to be a decree passed by that district court and may be executed in the same manner as if it were a decree passed under the provisions of the Civil Procedure Code, and the district court shall have jurisdiction to execute the decree notwithstanding that the amount of the compensation awarded exceeds its pecuniary jurisdiction. 688 Cap. 33 ©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] Definition of robbery Act No. 3 of 2011 s. 10 Punishment for robbery Acts Nos. 2 of 1972 Sch.; 4 of 2004 Sch. Attempted robbery Act Nos. 2 of 1972 Sch.; 10 of 1989 Sch.; 4 of 2004 Sch. CHAPTER XXIX ROBBERY AND EXTORTION
Part
CHAPTER XXIX
- 285 Verify source ↗
Definition of robbery
Stealing becomes robbery if the thief uses or threatens actual violence at or around the time of stealing to get, keep, or secure the stolen thing; if two or more people do this, it is gang robbery.
285.–(1) A person who steals anything and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, commits robbery. (2) Where two or more persons steal anything, and at or immediately before or immediately after stealing, use or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen commits an offence of gang robbery. - 286 Verify source ↗
Punishment for robbery
A person who commits robbery is liable to imprisonment for 15 years.
286. A person who commits robbery shall be liable to imprisonment for fifteen years. - 287 Verify source ↗
Attempted robbery
A person commits an offence if they assault someone with intent to steal and use or threaten violence to obtain the item or overcome resistance.
287. A person who assaults another with intent to steal anything, and, at or immediately before or immediately after the time of assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, commits an offence and shall be liable to imprisonment for a term of not less than seven years and not exceeding twenty years, with corporal punishment. Armed robbery Acts Nos. 4 of 2004 Sch.; 3 of 2011 s. 10A - 287A Verify source ↗
Armed robbery
A person who steals while armed and using or threatening violence commits armed robbery and, on conviction, faces at least 30 years’ imprisonment, with or without corporal punishment.
287A. A person who steals anything, and, at or immediately before or after stealing is armed with any dangerous or offensive weapon or instrument and at or immediately before or after stealing uses or threatens to use violence to any person in order to obtain or retain the stolen property, commits an offence of armed robbery and on conviction, shall be liable to 689 ©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] Attempt armed robbery Act No. 4 of 2004 Sch. imprisonment for a term of not less than thirty years with or without corporal punishment. - 287B Verify source ↗
Attempt armed robbery
A person who tries armed robbery under the stated conditions commits an offence and, if convicted, faces at least 15 years in prison, with or without corporal punishment.
287B. A person who with intent to steal anything from another person, is armed with any dangerous or offensive weapon or instrument, or is in company of one or more persons, and in the course thereof threatens, or attempt to threaten to use actual violence to any person, commits an offence termed “attempted armed robbery” and on conviction, shall be liable to imprisonment for a minimum period of fifteen years with or without corporal punishment. Punishment for gang robbery Act No. 3 of 2011 s. 10B - 287C Verify source ↗
Punishment for gang robbery
A person who takes part in gang robbery commits an offence and, on conviction, is liable to at least 30 years’ imprisonment, with or without corporal punishment.
287C. A person who takes part in gang robbery commits an offence and on conviction, shall be liable to imprisonment for a term of not less than thirty years with or without corporal punishment. Assault with intent to steal Acts Nos. 2 of 1972 Sch.; 10 of 1989 Sch. Demanding property by written threats Attempts at extortion by threats - 288 Verify source ↗
Assault with intent to steal
A person who assaults another person with intent to steal commits an offence.
288. A person who assaults any other person with intent to steal anything commits an offence and shall be liable to imprisonment for a term of not less than five years but not more than fourteen years, with corporal punishment. - 289 Verify source ↗
Demanding property by written threats
A person who knowingly uses a threatening writing to demand something from another person with intent to extort or gain anything commits an offence.
289. A person who, with intent to extort or gain anything from any person and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of injury or detriment of any kind to be caused to any person, either by the offender or by any other person if the demand is not complied with, commits an offence and shall be liable to imprisonment for fourteen years. - 290 Verify source ↗
Attempts at extortion by threats
A person who, intending to extort or gain something, makes or threatens accusations of offences, or sends such accusations in writing, commits an offence.
290.–(1) A person who, with intent to extort or gain anything from any person- (a) accuses or threatens to accuse any person of committing an offence or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an offence; 690 ©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) threatens that any person shall be accused by any other person of an offence, or of any such similar act; or (c) knowing the contents of the writing, causes any person to receive any writing containing any accusation or threat referred to in this subsection, commits an offence and where the accusation or threat of accusation is of- (i) an offence for which the punishment of death or imprisonment for life may be inflicted; (ii) any of the offences defined in Chapter XV, or an attempt to commit any of those offences; (iii) an assault with intent to have sexual intercourse with any person against the order of nature, or an unlawful and indecent assault upon a male person; or (iv) a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences referred to in subparagraph (i) to (iv) of this subsection, shall be liable to imprisonment for fourteen years or, in any other case not involving any matter referred to in those subparagraphs, he shall be liable to imprisonment for three years. (2) It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused. - 291 Verify source ↗
Procuring execution of deeds, etc., by threats
A person must not use violence, restraint, threats, or accusations to force or induce someone to deal with a valuable security or sign paper or parchment for use as one.
291. A person who, with intent to defraud and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing an offence, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an offence, compels or induces any person- (a) to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security; or (b) to write any name or impress or affix any seal upon or to any paper or parchment, in order that it may be 691 Procuring execution of deeds, etc., by threats ©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] afterwards made or converted into or used or dealt with as a valuable security, commits an offence and shall be liable to imprisonment for fourteen years. Demanding property with menaces with intent to steal - 292 Verify source ↗
Demanding property with menaces with intent to steal
A person commits an offence if, with intent to steal, they demand a valuable thing from another person using menaces or force.
292. A person who, with intent to steal any valuable thing demands it from another person with menaces or force, commits an offence and shall be liable to imprisonment for five years. Definition of breaking and entering CHAPTER XXX BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES
Part
CHAPTER XXX
- 293 Verify source ↗
Definition of breaking and entering
This section defines when a building is treated as broken or entered, including certain ways of opening parts of the building and entering through threats, collusion, or certain apertures.
293.–(1) A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or by any other means whatever, any door, window, shutter, cellar flap or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building. (2) A person is deemed to enter a building as soon as any part of his body or any part of any instrument used by him is within the building. (3) A person who obtains entry into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of a building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entry, is deemed to have broken and entered the building. House breaking and burglary Act No. 2 of 1972 Sch.
Part
part of his body or any part of any instrument used by him is
- 294 Verify source ↗
House breaking and burglary
A person who breaks into, or breaks out of, a dwelling-type building, tent, or vessel with intent to commit an offence commits housebreaking. If the offence happens at night, it is burglary and the penalty is higher.
294.–(1) A person who- (a) breaks and enters any building, tent or vessel used as a human dwelling with intent to commit an offence therein; or 692 ©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) having entered any building, tent or vessel used as a human dwelling with intent to commit an offence therein or having committed an offence in the building, tent or vessel, breaks out of it, commits housebreaking and shall be liable to imprisonment for fourteen years. (2) Where an offence under this section is committed in the night, it is burglary and the offender shall be liable to imprisonment for twenty years. Entering dwelling house with intent to commit offence Act No. 2 of 1972 Sch. - 295 Verify source ↗
Entering dwelling house with intent to commit offence
A person who enters or is in a dwelling-type building, tent, or vessel with intent to commit an offence commits an offence.
295. A person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit an offence therein, commits an offence, and shall be liable to imprisonment for ten years and where the offence is committed in the night, he shall be liable to imprisonment for fourteen years. Breaking into building and committing an offence Acts Nos. 50 of 1968 1st Sch.; 2 of 1972 Sch. - 296 Verify source ↗
Breaking into building and committing an offence
A person who breaks and enters certain listed buildings and commits an offence there, or who breaks out after committing an offence there, commits an offence and may be imprisoned for ten years.
296. A person who- (a) breaks and enters a school house, shop, warehouse, store, workshop, garage, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is not part of it, or any building used as a place of worship and commits an offence therein; (b) having committed an offence in any building referred to in paragraph (a) breaks out of the building, commits an offence and shall be liable to imprisonment for ten years. Breaking into building with intent to commit an offence Acts Nos. 50 of 1968 Sch.; 2 of 1972 Sch. - 297 Verify source ↗
Breaking into building with intent to commit an offence
Breaking and entering certain buildings with intent to commit an offence is an offence punishable by up to 14 years’ imprisonment.
297. A person who breaks and enters a school house, shop, warehouse, store, workshop, garage, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is not part of it, or any building used as a place of worship, with intent to commit an offence therein, commits an offence, and shall be liable to imprisonment for fourteen years. 693 ©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] Being armed, etc. with intent to commit an offence Act No. 2 of 1972 Sch. Criminal trespass R. L. Cap. 455 s. 25 - 298 Verify source ↗
Being armed, etc. with intent to commit an offence
A person who is armed, disguised, or carrying housebreaking tools in the listed circumstances commits an offence and may be imprisoned.
298. A person who is found under any of the following circumstances, namely- (a) being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to break or enter a dwelling house, and to commit an offence therein; (b) being armed at night in the manner referred to in paragraph (a) with intent to break or enter any building whatever and to commit an offence therein; (c) having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking; (d) having in his possession by day any instrument of house breaking with intent to commit an offence; (e) having his face masked or blackened or being otherwise disguised, with intent to commit an offence; or (f) being in any building whatever by day or night with intent to commit an offence therein, commits an offence and shall be liable to imprisonment for five years or, if he has been previously convicted of an offence relating to property, he shall be liable to imprisonment for fourteen years. - 299 Verify source ↗
Criminal trespass
A person who unlawfully enters or remains on another person's property with the required intent commits criminal trespass and may be imprisoned.
299. A person who- (a) unlawfully enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of the property; or (b) having lawfully entered into or upon the property unlawfully remains there with intent thereby to intimidate, insult or annoy the person in possession of the property or with intent to commit an offence, commits criminal trespass and shall be liable to imprisonment for three months; if the property upon which the offence is committed is any building, tent or vessel used as a human dwelling or any building used as a place of worship or as a 694 ©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] place for the custody of property, the offender shall be liable to imprisonment for one year. Forfeiture R. L. Cap. 500 s. 12 - 300 Verify source ↗
Forfeiture
If someone is convicted of an offence under this Chapter, the court may order forfeiture of a dangerous or offensive weapon, or a housebreaking instrument, used or carried in connection with the offence.
300. When any person is convicted of an offence under this Chapter the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connection with the offence shall be forfeited to the United Republic. CHAPTER XXXI FALSE PRETENCES Definition of false pretence Act No. 14 of 1980 s. 13
Part
CHAPTER XXXI
- 301 Verify source ↗
Definition of false pretence
This provision defines “false pretence” as a false representation about fact or intention made by words, writing, or conduct, where the maker knows it is false or does not believe it is true.
301. A representation made by words, writing or conducts of a matter of fact or of intention, which representation is false act and the person making it knows it to be false or does not believe it to be true, is false pretence. Obtaining goods by false pretences Act No. 2 of 1972 Sch. - 302 Verify source ↗
Obtaining goods by false pretences
A person who uses false pretences with intent to defraud to obtain, or cause delivery of, stolen-capable property commits an offence.
302. A person who by any false pretence and with intent to defraud, obtains from any other person anything capable of being stolen or induces any other person to deliver to any person anything capable of being stolen, commits an offence and shall be liable to imprisonment for seven years. Obtaining execution of a security by false pretences Act No. 2 of 1972 Sch. Cheating - 303 Verify source ↗
Obtaining execution of a security by false pretences
A person who, by false pretence and with intent to defraud, induces another person to deal with a valuable security commits an offence.
303. A person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse alter or destroy the whole or part of any valuable security, or to write any name or impress or affix any seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, commits an offence and shall be liable to imprisonment for seven years. - 304 Verify source ↗
Cheating
Using a fraudulent trick or device to obtain property, money, or goods from another person is an offence, punishable by up to three years’ imprisonment.
304. A person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen or any other person to or deliver to any person anything capable of being stolen or to pay or deliver to any person anything capable of being stolen or to pay or deliver to any 695 ©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] Obtaining credit, etc., by false pretences Acts Nos. 2 of 1972 Sch.; 3 of 2011 s. 11 person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device, commits an offence and shall be liable to imprisonment for three years. - 305 Verify source ↗
Obtaining credit, etc., by false pretences
A person commits an offence if they use fraud or false pretences to obtain credit, move property to defeat creditors, or hide or dispose of property in the specified circumstances.
305. A person who- (a) by any false pretences or any other means of fraud, with intent to defraud, obtains in his account or any other mode of account credits or causes his or any other person’s account to be credited or to credit the account of another person; (b) in incurring, any debt or liability, obtains credit by any false pretence or by means of any other fraud; (c) with intent to defraud any of his creditors, makes or causes to be made any gift, delivery or transfer of or any charge in his property; or (d) with intent to defraud any of his creditors, conceals, sells or removes any part of his property after or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him, commits an offence and shall be liable to imprisonment for five years. Where goods or credit obtained for someone else Act No. 26 of 1971 s. 4 - 305A Verify source ↗
Where goods or credit obtained for someone else
In proceedings for certain offences, the accused cannot get acquittal just because the evidence shows someone else benefited from the goods or credit obtained.
305A. In any proceeding for an offence under section 302 or 305 of this Code, the accused shall not be entitled to acquittal by reason only of the fact that the evidence adduced discloses that the person for whose benefit the accused obtained or attempted to obtain, the goods or, as the case may be, the credit, was a person other than the accused or the person mentioned in the charge. Conspiracy to defraud Act No. 2 of 1972 Sch. - 306 Verify source ↗
Conspiracy to defraud
A person must not conspire by deceit or fraud to move the market price of goods, defraud anyone, or extort property.
306. A person who conspires with another by deceit or by any fraudulent means affect the market price of anything publicly sold or to defraud the public or any person, whether a particular person or not, or to extort any property from any person, commits an offence and shall be liable to imprisonment for five years. 696 ©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] Fraud on sale or mortgage of property Act No. 2 of 1972 Sch. - 307 Verify source ↗
Fraud on sale or mortgage of property
A seller, mortgagor, or their advocate/agent commits an offence if they hide or falsify title-related information to induce a purchaser or mortgagee to accept the title.
307. A person who, being a seller or mortgagor of any property or being the advocate or agent of a seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud- (a) conceals from the purchaser or mortgagee any instrument material to the title, or any encumbrances; (b) falsifies any pedigree on which the title depends or may depend; or (c) makes any false statement as to the title offered or conceals any fact material thereto, commits an offence and shall be liable to imprisonment for five years. Pretending to tell fortunes - 308 Verify source ↗
Pretending to tell fortunes
A person acting for gain or reward must not pretend to tell fortunes or use occult knowledge to say where stolen or lost things are.
308. A person who, for gain or reward, undertakes to tell fortunes or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost commits an offence. Obtaining registration, etc., by false pretence Act No. 2 of 1972 Sch. - 309 Verify source ↗
Obtaining registration, etc., by false pretence
A person who uses false pretence to get, or try to get, a registration licence or certificate under any law commits an offence.
309. A person who wilfully procures or attempts to procure for himself or any other person any registration licence or certificate under any law by any false pretence commits an offence, and shall be liable to imprisonment for two years. False declaration for passport Act No. 1 of 2022 s. 63 - 310 Verify source ↗
False declaration for passport
A person who knowingly makes a false statement to get a passport commits an offence and may be fined, imprisoned, or both.
310. A person who makes a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or for any other person, commits an offence and on conviction, shall be liable to a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for term of not less than two years but not exceeding five years or to both. 697 ©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] Receiving property stolen or unlawfully obtained, etc. Act No. 2 of 1972 Sch. Persons conveying or having possession of goods suspected of having been stolen or unlawfully acquired Acts Nos. 26 of 1971 s. 5; 14 of 1980 s. 14; Cap. 20 CHAPTER XXXII RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES
Part
CHAPTER XXXII
- 311 Verify source ↗
Receiving property stolen or unlawfully obtained, etc
A person commits an offence if they receive or keep property knowing or having reason to believe it was stolen or unlawfully obtained.
311. A person who receives or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe it to have been stolen, extorted, wrongfully or unlawfully taken, obtained, converted or disposed of, commits an offence and shall be liable to imprisonment for ten years. - 312 Verify source ↗
Persons conveying or having possession of goods suspected of having
A person found with property reasonably suspected of being stolen or unlawfully acquired may be charged, and if convicted may face up to three years in prison.
312.–(1) A person who- (a) has been detained as a result of the exercise of the powers conferred by section 26 of the Criminal Procedure Act and is found in possession of, or conveying in any manner, anything which may be reasonably suspected of having been stolen or otherwise unlawfully acquired; or (b) is found by a police officer in possession of or having control over any property which may, having regard to all the circumstances, be reasonably suspected of having been stolen or otherwise unlawfully acquired, may be charged with being in possession of, or conveying, or having control over, as the case may be, the property which is suspected of having been stolen or otherwise unlawfully acquired and shall, if he fails to satisfy the court that he did not steal or otherwise unlawfully acquire the property, commits the offence with which he is charged and on conviction, shall be liable to imprisonment for a term not exceeding three years. (2) For the purposes of this section, “unlawfully acquired” means acquired in circumstances which constitute a criminal offence under any written law and also means acquired- (a) as consideration of any sale, barter or other disposition of any property so unlawfully acquired; or 698 ©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. 20 Unlawful possession or conveying of public stores Ords. Nos. 32 of 1951 s. 2; 10 of 1959 s. 5; R.L. Cap. 455 s. 26 GNs. Nos. 433 of 1961; 349 of 1976 Sch. (b) by way of purchase with funds, the whole or any part of which were so unlawfully acquired. (3) In proceedings for an offence under this section- (a) the accused shall not be entitled to acquittal by reason only of the fact that, on the evidence before the court, he could have been charged with, or convicted of, theft or other like offence in respect of the property; (b) where the court is satisfied that the accused was detained by a police officer in the exercise of the powers conferred upon him by section 26 of the Criminal Procedure Act, it may presume that the property found in his possession or being conveyed by him may reasonably be suspected of having been stolen or otherwise unlawfully acquired by him. (4) Where an accused person is convicted of an offence under this section in respect of any property, he shall not be charged with or be convicted of an offence of stealing or other like offence in respect of the same property. - 312A Verify source ↗
Unlawful possession or conveying of public stores
The Minister responsible for legal affairs may issue Gazette directions about marks for certain government stores. A person commits an offence if they possess, convey, or keep certain suspected stolen or unlawfully obtained stores and cannot satisfy the court how they obtained them.
312A.–(1) The Minister responsible for legal affairs may, by notice published in the Gazette, give directions as to the marks which may be applied in or on any stores under the control of any branch or department of, and being the property of, the Government of the United Republic. (2) A person who is charged with conveying or having in his possession, or keeping in any building or place, whether open or enclosed, any stores marked in accordance with subsection (1) which may be reasonably suspected of having been stolen or unlawfully obtained and who fails to give an account to the satisfaction of the court of how he obtained it, commits an offence. (3) A person conveying or having in his or keeping in any building or place, of whether open or enclosed, any stores being the property of the Defence forces of the United Republic, which may reasonably be suspected of having been stolen or unlawfully obtained, and who fails to give an account 699 ©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 the satisfaction of the court of how he obtained it, commits an offence. (4) For the purposes of this section the term “stores” includes all goods and chattels and any single store or article or part thereof, and the word “mark” includes any part of a mark. Receiving goods stolen from outside Mainland Tanzania
Part
part thereof, and the word “mark” includes any part of a mark.
- 313 Verify source ↗
Receiving goods stolen from outside Mainland Tanzania
A person who knowingly receives or possesses stolen property obtained outside Mainland Tanzania, without lawful excuse, commits an offence and can be imprisoned for seven years.
313. A person who, without lawful excuse, knowing anything to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Mainland Tanzania the person committing it would have been guilty of an offence, receives or has in his possession anything so stolen or obtained outside Mainland Tanzania, commits an offence and shall be liable to imprisonment for seven years. CHAPTER XXXIII FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING Trustees fraudulently disposing of trust property
Part
CHAPTER XXXIII
- 314 Verify source ↗
Trustees fraudulently disposing of trust property
A trustee who intentionally defrauds by destroying trust property or using it in an unauthorized way commits an offence and can be imprisoned for seven years.
314.–(1) A person who, being a trustee of any property, and with intent to defraud destroys the property or converts it to any use not authorised by the trust commits an offence, and shall be liable to imprisonment for seven years. (2) For the purposes of this section the term “trustee” means any of the following persons: (a) a trustee upon an express trust created by a deed, will or instrument in writing, whether for a public, private or charitable purpose; (b) a trustee appointed as such by or under the authority of any written law; (c) a person upon whom the duties of any trust in terms of this subsection devolve; or (d) an executor or an administrator of an estate. 700 ©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] Misappropriation and fraud by directors and officers of corporations, etc Act No. 2 of 1972 Sch. False statements by official of companies - 315 Verify source ↗
Misappropriation and fraud by directors and officers of corporations, etc
Directors, officers, or members of a corporation or company commit an offence if they defraud the company by hiding or falsifying entries or records, and the penalty is up to 14 years’ imprisonment.
315. A person who- (a) being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct entry to be made therein; or (b) being a director, officer or member of a corporation or company, does any of the following acts with intent to defraud, that is to say- (i) destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to the corporation or company, or any entry in any such book, document or account, or is privy to that act; (ii) makes, or is privy to making, any false entry in any such book, document or account; or (iii) omits, or is privy to omitting, any material particular from any such book, document or account, commits an offence, and shall be liable to imprisonment for fourteen years. - 316 Verify source ↗
False statements by official of companies
A promoter, director, officer, or auditor of a company must not knowingly make or publish false written statements or accounts with intent to deceive or defraud, or to induce investment or security arrangements.
316. A person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the following, purposes: (a) to deceive or to defraud any member, shareholder or creditor of the corporation or company, whether a particular person or not; (b) to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to, the corporation or company, or to enter into any security for its benefit, 701 ©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] Fraudulent or false accounting by clerk Act No. 2 of 1972 Sch. False accounting by public officer Act No. 2 of 1972 Sch. commits an offence and shall be liable to imprisonment for seven years. - 317 Verify source ↗
Fraudulent or false accounting by clerk
A clerk, servant, or someone acting in that role must not fraudulently destroy, alter, falsify, or make false entries in employer-related books, documents, securities, or accounts.
317. A person who, being a clerk or servant or being employed or acting in the capacity of a clerk or servant, does any of the following acts with intent to defraud: (a) destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document or account or is privy to that act; (b) makes or is privy to making any false entry in a book, document or account; or (c) omits or is privy to omitting any material particular from any such book, document or account, commits an offence and shall be liable to imprisonment for fourteen years. - 318 Verify source ↗
False accounting by public officer
A public officer responsible for public revenue or property must not knowingly make a false statement or return about money or property in their care.
318. A person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, commits an offence and shall be liable to imprisonment for seven years. CHAPTER XXXIV OFFENCES AGAINST SAFETY OF AVIATION Endangering safety of aviation Acts Nos. 31 of 1972 Sch.; 17 of 1989 Sch.
Part
CHAPTER XXXIV
- 318A Verify source ↗
Endangering safety of aviation
A person commits an offence if they endanger aircraft safety by violence, damage, placing dangerous devices or substances, interfering with air navigation facilities, or knowingly spreading false information. Conviction can lead to up to 30 years’ imprisonment and corporal punishment.
318A.–(1) A person who- (a) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of the aircraft; (b) destroys an aircraft in service or causes damage to it which renders it incapable of flight or which is likely to endanger its safety in flight; 702 ©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) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft or to cause damage to it which would render it incapable of flight or to cause damage to it which is likely to endanger its safety in flight; (d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or (e) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight, commits an offence and on conviction, shall be liable to imprisonment for a term not exceeding thirty years with corporal punishment. (2) For the purposes of this section- (a) an aircraft shall be deemed to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; and in the case of forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board; (b) an aircraft shall be deemed to be in service from the beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty four hours after any landing and the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this section; (c) an act of violence includes any threat to use violence. (3) A person may be prosecuted for an offence under this section notwithstanding that the offence was committed outside Mainland Tanzania: Provided that, save where the offence was committed on or in relation to an aircraft registered in Mainland Tanzania or 703 ©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. 212 Arson Acts Nos. 2 of 1972 Sch.; 1 of 2022 s. 64; Attempts to commit arson Act No. 2 of 1972 Sch. owned by a citizen of the United Republic ordinarily resident in the United Republic or by a body corporate established by or under any written law, including a company incorporated under the Companies Act, a person shall not be tried and punished for an offence under this section if he has been prosecuted for and convicted or, as the case may be, acquitted of the same offence or for an offence involving the same facts, by any court or other judicial authority outside Mainland Tanzania. (4) A person shall not be prosecuted for an offence under this section save with the consent of Director of Public Prosecutions. Division VI. - Malicious Injuries to Property CHAPTER XXXV OFFENCES CAUSING INJURY TO PROPERTY
Part
CHAPTER XXXV
- 319 Verify source ↗
Arson
A person who wilfully and unlawfully sets fire to certain buildings, vessels, or mine property commits an offence and can be sentenced to 30 years imprisonment.
319. A person who wilfully and unlawfully sets fire to- (a) any building or structure whatever, whether completed or not; (b) any vessel, whether completed or not; or (c) a mine or the workings, fittings or appliances of a mine, commits an offence and shall be liable to thirty years imprisonment. - 320 Verify source ↗
Attempts to commit arson
A person commits an offence if they unlawfully try to set fire to section 319 material, or knowingly and unlawfully set fire to something likely to spread fire to section 319 material.
320. A person who- (a) attempts unlawfully to set fire to anything referred to in section 319; or (b) wilfully and unlawfully sets fire to anything which is so situated that anything referred to in section 319 is likely to catch fire from it, commits an offence and shall be liable to imprisonment for fourteen years. 704 ©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] Setting fire to crops and growing plants Act No. 1 of 2022 s. 65 Attempting to set fire to crops, etc. Casting away vessels Ord. No. 47 of 1954 s. 3 - 321 Verify source ↗
Setting fire to crops and growing plants
A person who wilfully and unlawfully sets fire to listed crops, fuel, hay, grass, trees, saplings, or shrubs commits an offence and may be fined or imprisoned.
321. A person who wilfully and unlawfully sets fire to- (a) a crop of cultivated produce, whether standing, picked or cut; (b) any stack of cultivated vegetable produces or of mineral or vegetable fuel; (c) crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut; or (d) any standing trees, saplings or shrubs, whether indigenous or not, under cultivation, commits an offence and on conviction, shall be liable to a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. - 322 Verify source ↗
Attempting to set fire to crops, etc
A person who unlawfully tries to set fire to certain things, or who wilfully and unlawfully sets fire to something likely to spread fire to those things, commits an offence.
322. A person who- (a) attempts unlawfully to set fire to any such thing as is mentioned in section 321; or (b) wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in section 321 is likely to catch fire from it, commits an offence and shall be liable to imprisonment for seven years. - 323 Verify source ↗
Casting away vessels
A person commits an offence if they wilfully and unlawfully damage or cast away a vessel, act to cause immediate loss of a vessel in distress, or interfere with navigation lights or signals with intent to endanger a vessel.
323. A person who- (a) wilfully and unlawfully casts away or destroys any vessel whether completed or not; (b) wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or (c) with intent to bring a vessel into danger, interferes with any light, beacon, buoy, mark or signal used for purposes of navigation, or exhibits any false light or signal, commits an offence and shall be liable to imprisonment for fourteen years. 705 ©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] Attempts to cast away vessels Ord. No. 47 of 1954 s. 3 - 324 Verify source ↗
Attempts to cast away vessels
A person must not unlawfully try to cast away or destroy a vessel, or do anything that would immediately cause a distressed vessel to be lost or destroyed.
324. A person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress commits an offence, and shall be liable to imprisonment for seven years. Injuring animals - 325 Verify source ↗
326. Punishment for malicious injuries to property
A person who wilfully and unlawfully kills, maims, or wounds an animal capable of being stolen commits an offence.
325. A person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen commits an offence. Punishment for malicious injuries to property Ords. Nos. 47 of 1954 s. 3; 5 of 1961; Acts Nos. 65 of 1966 s. 8; 2 of 1972 Sch.; 12 of 1998 Sch. - 326 Verify source ↗
Punishment for malicious injuries to property
A person who wilfully and unlawfully destroys or damages property commits an offence. Penalties increase for specified kinds of property and risk, including life imprisonment in some cases.
326.–(1) A person who wilfully and unlawfully destroys or damages any property commits an offence, and except as otherwise provided in this section, shall be liable to imprisonment for seven years. (2) Where the property in question is a dwelling house or a vessel, and the injury is caused by the explosion of any explosive substance, and if- (a) any person is in the dwelling house or vessel; or (b) the destruction or damage actually endangers the life of any person, the offender shall be liable to imprisonment for life. (3) Where the property in question- (a) is a bank or wall of a river, canal, aqueduct, reservoir or inland water or work which appertains to a dock, reservoir or inland water, and the injury causes actual danger of inundation or damage to any land or building; (b) is a railway, a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a railway, highway or canal passes, and the property is destroyed; (c) being a railway or being any such bridge, viaduct or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway or canal passing over or under it or any part thereof, dangerous or impassable, and is thereby rendered wholly or partly dangerous or impassable; or 706 ©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. 40 (d) is the pipeline referred to in the Tanzania - Zambia Pipeline Act and the damage is done with intent to prevent or obstruct the use of the pipeline, the offender shall be liable to imprisonment for life. (4) Where the property in question is a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender shall be liable to imprisonment for fourteen years. (5) Where the property in question is vessel in distress or wrecked or stranded, or anything which belongs to the vessel, the offender shall be liable to imprisonment for seven years. (6) Where the property in question is any part of a railway, or any work connected with a railway, the offender shall be liable to imprisonment for fourteen years. (6A) Where the property in question is used or intended to be used for the purpose of providing necessary service, the offender commits an offence and- (a) where the offence is likely to result in danger to human life or to disrupt, damage, hinder or interfere with any necessary service or the carrying on of such service, shall be liable to imprisonment for a term of not less than twenty years but shall not exceed thirty years; (b) where the offence is committed in circumstances which do not result in danger to human life, shall be liable to imprisonment for a term of not less than fifteen years but shall not exceed twenty years. (6B) In this section, “necessary service” includes- (a) any service relating to installation, transmission, supply or distribution of electricity or telecommunication; (b) any fire service; (c) any sewerage, rubbish disposal or other sanitation service; 707 ©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] (d) any health, hospital or ambulance service; (e) any service relating to the supply or distribution of water, gas or petroleum; or (f) any road, railway, bridge, underground tunnel, car park, ferry, pontoon, pipeline for the supply of water or fuel, airfield, harbour or dock. (7) Where the property in question is used for the purpose of generating, transmitting or distributing electricity, the offender shall be liable and- (a) if the offence is likely to result in danger to human life, to imprisonment for fourteen years; or (b) in any other case, to imprisonment for seven years. (8) A person shall be liable to imprisonment for seven years where the property in question- (a) being a vessel, whether completed or not, is destroyed; (b) being a vessel whether completed or not, is damaged, and the damage is done with intent to destroy it or render it useless; (c) is a light, beacon, buoy, mark or signal, used for the purposes of navigation or for the guidance of persons engaged in navigation; (d) is a bank or wall of a river, canal, aqueduct, reservoir or inland water or a work which appertains to a dock, canal, aqueduct, reservoir, or inland water, or which is used for the purposes of landing or unlanding goods; (e) being a railway, or being a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a highway, railway or canal passes, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same or any part thereof, dangerous or impassable; (f) being anything in process of manufacture, or an agricultural or manufacturing machine, or a manufacturing implement, or a machine or appliance used or intended to be used for performing any process 708 ©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] connected with the preparation of any agricultural or pastoral produce, is destroyed; (g) being anything referred to in paragraph (f), is damaged and the damage is done with intent to destroy the thing in question or to render it useless; (i) (h) is a shaft or a passage of a mine and the injury is done with intent to damage the mine or obstruct its working; is a machine, appliance, apparatus, building, erection, bridge or road, appertaining to or used with a mine, whether the thing in question is completed or not; (j) being a rope, chain or tackle, of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed; (k) [omitted]; (l) is a well, or bore for water, or the dam, bank, wall or floodgate of a millpond or pool. (9) Where the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender shall be liable to imprisonment for seven years. Attempts to destroy property by explosives
Part
part thereof, dangerous or impassable;
- 327 Verify source ↗
Attempts to destroy property by explosives
A person who unlawfully puts explosive substance anywhere with intent to destroy or damage property commits an offence and can be imprisoned for 14 years.
327. A person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatsoever, commits an offence and shall be liable to imprisonment for fourteen years. Communicating infectious diseases to animal - 328 Verify source ↗
Communicating infectious diseases to animal
A person must not wilfully and unlawfully cause, help cause, or try to cause an infectious disease to be communicated to or among animals capable of being stolen.
328. A person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, commits an offence and shall be liable to imprisonment for seven years. Removing boundary marks with intent to defraud - 329 Verify source ↗
Removing boundary marks with intent to defraud
A person who wilfully and unlawfully removes or defaces a boundary marker for land with intent to defraud commits an offence.
329. A person who, wilfully and unlawfully and with intent to defraud, removes or defaces any object or mark which has lawfully erected or made as an indication of the boundary of any land commits an offence and shall be liable to imprisonment for three years. 709 ©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] Repealed - 330 Verify source ↗
Repealed
This section is repealed.
330. [Repealed. R.L. Cap. 390 s. 33.] Causing damage, etc., to railway works Act No. 1 of 2022 s. 66 Threats to burn or destroy - 331 Verify source ↗
Causing damage, etc., to railway works
A person must not damage, interfere with, trespass on, or obstruct railway works or railway staff.
331. A person who- (a) wilfully damages, injures or obstructs any work, way, road, to building, turnstile, gate, toll bar, fence, weighing machine, engine, tender, carriage, wagon, truck, material or plant acquired for or belonging to any railway works; (b) pulls up, removes, defaces or destroys, or in any way interferes with, any poles, stake flags, pegs, line, marks or anything driven or placed in or upon the grounds trees, stones or buildings, or any other material belonging to any railway works; (c) commits any nuisance or trespass in or upon any land buildings or premises acquired for or belonging to any railway works; or (d) wilfully molests, hinders or obstructs the officer in charge of any railway or his assistants or workmen in the execution of any work done or to be done in reference to the construction or maintenance of the railway, commits an offence and shall be liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. - 332 Verify source ↗
Threats to burn or destroy
A person who knowingly sends or causes to be received a threatening letter or writing of the kinds listed commits an offence and may be imprisoned for seven years.
332. A person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn or other building or any rick or stack of grain, hay or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim or wound any cattle, commits an offence and shall be liable to imprisonment for seven years. 710 ©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] Defacing bank notes Acts Nos. 12 of 1966 Sch.; 5 of 1990 Sch.; 13 of 2019 s. 65 Kite-flying Act No. 17 of 1990 s. 50 - 332A Verify source ↗
Defacing bank notes
A person must not, without authority and wilfully, deface, tear, cut, or otherwise mutilate a legal-tender bank note or currency note.
332A. A person who, without authority, wilfully defaces, tears, cuts or otherwise mutilates any bank note or currency note which is legal tender, commits a schedule offence and on conviction, shall be liable to a fine of five hundred thousand shillings for each note defaced or, in default, to imprisonment for a term of one year. - 332B Verify source ↗
Kite-flying
Using a cheque to fraudulently obtain money or credit from a banker, or a bank employee fraudulently helping that happen, is an offence punishable by up to 10 years’ imprisonment.
332B.–(1) Subject to subsection (3), a person who fraudulently obtains credit or money of any amount from a banker by means of kite-flying commits an offence and on conviction, shall be liable to imprisonment for a term not exceeding ten years. (2) A person employed by a bank who, by virtue of his office fraudulently assists another person to obtain credit or money of any amount from a bank by means of kite-flying commits an offence and on conviction, shall be liable to imprisonment for a term not exceeding ten years. (3) A person shall be presumed fraudulent and guilty of an offence under this section if the cheque drawn by him is not honoured for reason of lack or insufficiency of funds in the account and within eight days after he is informed of the dishonoured cheque he fails or refuses to make good on the account. (4) Where any person is convicted of an offence under this section the court shall order the forfeiture to the United Republic of any money, goods or property obtained in the course of or after the commission of the offence, as well as full compensation to the bank in respect of the money involved in the kite-flying. (5) For the purposes of this section the expression “kite- flying” means obtaining money or credit by cheque on an account which has insufficient or no funds at all, thereby causing an unauthorised overdraft to a banker. 711 ©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] Division VII. - Forgery, Coin, Counterfeiting and Similar Offences CHAPTER XXXVI DEFINITIONS Definition of forgery
Part
CHAPTER XXXVI
- 333 Verify source ↗
Definition of forgery
Forgery means making a false document with intent to defraud or deceive.
333. Forgery is the making of a false document with intent to defraud or to deceive. Interpretation of document - 334 Verify source ↗
335. Making false documents
For this Division, “document” does not include a trade mark or other sign used with articles of commerce, even if written or printed.
334. The term “document” in this Division of this Code does not include a trade mark or any other sign used in connection with articles of commerce though they may be written or printed. Making false documents Act No. 14 of 1980 s. 15 - 335 Verify source ↗
Making false documents
A person commits the offence of making a false document if they make, alter, insert into, or sign a document in specified unauthorized or misleading ways.
335. A person makes a false document who- (a) makes a document which is false or which he has reason to believe is untrue; (b) alters a document without authority in such a manner that if the alteration had been authorised it would have altered the effect of the document; (c) introduces into a document without authority, whilst it is being drawn up, matter which if it had been authorised would have altered the effect of the document; (d) signs a document in the name - (i) of any person without his authority, whether such name is or is not the same as that of the person signing; (ii) of any fictitious person alleged to exist whether the fictitious person is or is not alleged to be of the same name as the person signing; (iii) represented as being the name of a different person from that of the person signing it and intended to be mistaken for the name of that person; (iv) of a person personated by the person signing the document, provided that the effect of the instrument depends upon the identity between the person signing the document and the person whom he professes to be. 712 ©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] Intent to defraud - 336 Verify source ↗
chapter xxxvii
If a false document is made and someone could be defrauded, intent to defraud is presumed; forgery is punishable by life imprisonment.
336. An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent that person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document. CHAPTER XXXVII PUNISHMENTS FOR FORGERY Offence of and general punishment for, forgery Act No. 2 of 1972 Sch. Forgeries punishable by imprisonment for life R.L. Cap. 500 s. 12
Part
CHAPTER XXXVII
- 337 Verify source ↗
Offence of and general punishment for, forgery
A person who forges any document commits an offence and may be imprisoned for seven years, unless another punishment applies because of the circumstances or the nature of the thing forged.
337. A person who forges any document commits an offence, and shall be liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for seven years. - 338 Verify source ↗
Forgeries punishable by imprisonment for life
A person who forges certain listed documents or payment instruments commits an offence and is liable to life imprisonment; the court may also order the document forfeited.
338. A person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, shall be liable to imprisonment for life and the court may in addition order that any such document be forfeited to the United Republic. Forgery of judicial or official document - 339 Verify source ↗
Forgery of judicial or official document
A person who forges a judicial or official document can be imprisoned for seven years.
339. A person who forges any judicial or official document shall be liable to imprisonment for seven years. Forgeries punishable by imprisonment for seven years - 340 Verify source ↗
Forgeries punishable by imprisonment for seven years
A person who forges, alters, removes, or possesses certain stamps or related forgery tools without lawful excuse is liable to imprisonment for seven years.
340.–(1) In this section, the term “stamp” means any stamp used for the purposes of revenue or by any Government department. (2) A person who- (a) forges any stamp whether impressed or adhesive; (b) without lawful excuse, the proof whereof shall lie upon him, makes or has knowingly in his possession any die 713 ©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 instrument capable of making the impression of any stamp; (c) fraudulently cuts, tears in any way, or removes from any material any stamp with intent that another use shall be made of the stamp or any part of it; (d) fraudulently mutilates any stamp with intent that another use shall be made of the stamp; (e) fraudulently fixes or places upon any material or upon any such stamp a stamp or part of a stamp which whether fraudulently or not has been cut, torn or in any way removed from any other material or out of or from any other stamp; (f) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date or other matter or thing whatsoever written thereon with intent that another use shall be made of the stamp upon that material; or (g) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise really or apparently removed, shall be liable to imprisonment for seven years Making or having in possession paper or implements for forgery Act No. 12 of 1966 Sch. - 341 Verify source ↗
Making or having in possession paper or implements for forgery
A person must not make, use, possess, or deal with materials for counterfeit currency-note or bank-note paper without lawful authority or excuse.
341. A person who without lawful authority or excuse, proof whereof lies upon him- (a) makes, uses or knowingly has in his custody or possession any paper intended to resemble and pass as special paper such as is provided and used for making any currency note or bank note; (b) makes, uses or knowingly has in his custody or possession, any frame, mould or instrument for making such paper, or for producing in or on such paper any 714 ©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] words, figures, letters, marks, lines or devices peculiar to and used in or on any such paper; (c) engraves or anywise makes upon any plate, wood, stone or other material, any words, figures, letters, marks, lines or devices, the print whereof resembles in whole or in part any words figures, letters, marks, lines or devices peculiar to and used in or on any currency note or bank note or in or on any document entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any part of the Commonwealth or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or out of the Commonwealth; (d) uses or knowingly has in his custody or possession any plate, wood, stone or other material, upon which any such words, figures, letters marks, lines or devices have been engraved or in anywise made as aforesaid; or (e) uses or knowingly has in his custody or possession, any paper upon which any such words, figures, letters, marks, lines or devices have been printed or in anywise made as aforesaid, commits an offence and shall be liable to imprisonment for seven years. - 342 Verify source ↗
Uttering false documents
A person who knowingly and fraudulently utters a false document commits an offence.
342. A person who knowingly and fraudulently utters a false document commits an offence and shall be liable to the punishment, provided for in respect of the offence of forgery in relation to that document. - 343 Verify source ↗
Uttering cancelled or exhausted documents
A person must not knowingly utter a document that has been revoked, cancelled, suspended, or otherwise ceased to operate.
343. A person who knowingly utters for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by affluxion of time, or by death, or by the happening of any other event, commits an offence and shall be liable to the same punishment, as if he had forged the document. 715 Uttering false documents Uttering cancelled or exhausted documents ©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] Procuring execution of documents by false pretences Obliterating crossing on cheques Making documents without authority Demanding property upon forged testamentary instrument - 344 Verify source ↗
Procuring execution of documents by false pretences
A person commits an offence if they use false or fraudulent statements about a document to get someone else to sign or execute it.
344. A person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another person to sign or execute the document, commits an offence and shall be liable to the same punishment, as if he had forged the document. - 345 Verify source ↗
Obliterating crossing on cheques
A person who intends to defraud must not alter the crossing on a cheque or knowingly pass a crossed cheque whose crossing has been altered; doing so is an offence punishable by seven years’ imprisonment.
345. A person who, with intent to defraud- (a) obliterates, adds to or alters the crossing on a cheque; or (b) knowingly utters a crossed cheque, the crossing on which has been obliterated, added to or altered, commits an offence, and shall be liable to imprisonment for seven years. - 346 Verify source ↗
Making documents without authority
A person who, with intent to defraud or deceive, makes, signs, executes, or knowingly utters another person’s document without lawful authority commits an offence and can be imprisoned for seven years.
346. A person who, with intent to defraud or to deceive- (a) without lawful authority or excuse, makes, signs or executes for or in the name or account of another person, whether by procuration or otherwise, any document or writing; or (b) knowingly utters any document or writing so made, signed or executed by another person, commits an offence and shall be liable to imprisonment for seven years. - 347 Verify source ↗
Demanding property upon forged testamentary instrument
A person who knowingly gets property or money through probate or letters of administration based on a forged testamentary instrument or false evidence commits an offence and faces the same punishment as for forging the document.
347. A person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, commits an offence and shall be liable to the same punishment as if he had forged the document by virtue whereof he procures the delivery or payment. Purchasing forged notes - 348 Verify source ↗
Purchasing forged notes
A person must not buy, receive, or possess a forged bank note or currency note knowing it is forged; doing so is an offence punishable by seven years’ imprisonment.
348. A person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any 716 ©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, or has in his possession, a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, commits an offence, and shall be liable to imprisonment for seven years. - 349 Verify source ↗
Falsifying warrants for money payable under public authority
A public servant must not knowingly and with intent to defraud issue or deliver a warrant for the wrong amount; doing so is an offence punishable by seven years’ imprisonment.
349. A person who, being employed in the public service, knowingly and with intent to defraud, makes out or delivers to any person a warrant for the payment of any money payable by a public authority for a greater or lesser amount than that to which the person on whose behalf the warrant is made out is entitled, commits an offence and shall be liable to imprisonment for seven years. - 350 Verify source ↗
Falsification of register
A person who has custody of a register or record kept by lawful authority must not knowingly allow a false entry to be made; doing so is an offence punishable by seven years’ imprisonment.
350. A person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, commits an offence and shall be liable to imprisonment for seven years. Falsifying warrants for money payable under public authority Falsification of register Sending false certificate of marriage to registrar - 351 Verify source ↗
Sending false certificate of marriage to registrar
A person must not sign or send a false certificate of marriage, or a document pretending to be one, to the marriage registrar.
351. A person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be certificate of marriage, which in any material particular is to his knowledge false, commits an offence and shall be liable to imprisonment for seven years. False statements for registers of births, deaths and marriages - 352 Verify source ↗
False statements for registers of births, deaths and marriages
Knowingly making a false statement to get it entered in a register of births, deaths, or marriages is an offence.
352. A person who knowingly and with intent to procure the same to be inserted in a register of births, deaths or marriages, makes any false statement touching any matter required by law to be registered in any such register, commits an offence and shall be liable to imprisonment for three years. Wrongful issue of notes Act No. 12 of 1966 Sch. R.E. Cap. 197 - 352A Verify source ↗
Wrongful issue of notes
A person must not issue, or help issue, a note that purports to be Tanzanian currency unless it is in accordance with the Bank of Tanzania Act.
352A. A person who issues or is a party to issuing any- (a) note purporting to be a currency note of Tanzania; or (b) bank note purporting to be currency in Tanzania, otherwise than in accordance with the provisions of the Bank of Tanzania Act, commits an offence and on conviction, shall be liable to imprisonment for a term not exceeding five years. 717 ©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 XXXVIII OFFENCES RELATING TO COIN Definitions R.L. Cap. 500 s. 36; Act No. 12 of 1966 Sch.
Part
CHAPTER XXXVIII
- 353 Verify source ↗
Definitions
This section defines “coin” and “counterfeit coin” for this Chapter.
353. In this Chapter- “coin” includes any coin coined in a mint for use in Tanzania, or lawfully current in Tanzania or in any part of the Commonwealth; and any coin of a foreign sovereign or state, and coin which was at any time legal tender in Tanzania or in any other country and which is convertible into coin of legal tender therein; “counterfeit coin” means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination. Counterfeiting coins - 354 Verify source ↗
Counterfeiting coins
A person who makes or tries to make a counterfeit coin commits an offence and is liable to life imprisonment.
354. A person who makes or attempts to make any counterfeit coin commits an offence and shall be liable to imprisonment for life. Preparations for coining - 355 Verify source ↗
Preparations for coining
It is an offence for a person to make, handle, or trade in counterfeit-coin materials or counterfeit coin in the ways listed, and the penalty is imprisonment for life.
355. A person who- (a) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; (b) makes any piece of metal into a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; or (c) without lawful authority or excuse, the proof of which lies on him- (i) buys, sells, receives, pays or disposes of any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing; (ii) brings or receives into Tanzania any counterfeit coin, knowing it to be counterfeit; (iii) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of 718 ©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] any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any part of either side thereof, knowing the same to be a stamp or mould or to be so adapted; (iv) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any tool, instrument or machine which is adapted and intended to be used for making coin round the edges with marks or figures apparently resembling those on the edges of any coin, knowing the same to be so adapted and intended; or (v) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any press for coinage, or any tool, instrument or machine which is adapted for cutting round blanks out of gold, silver or other metal, knowing the press, tool, instrument or machine to have been used or to be intended to be used for making any counterfeit coin, commits an offence and shall be liable to imprisonment for life. Clipping - 356 Verify source ↗
Clipping
A person who alters a coin to reduce its weight, intending it to pass as coin, commits an offence and may be imprisoned for seven years.
356. A person who deals with any coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as coin, commits an offence and shall be liable to imprisonment for seven years. Melting down of coin Act No. 5 of 1990 Sch. - 357 Verify source ↗
Melting down of coin
A person must not melt down, break up, or deface any coin current in Tanzania.
357. A person who melts down, breaks up or defaces by stamping thereon any name, word or mark any coin current for the time being in Tanzania, commits an offence, and shall be liable to a fine of fifty thousand shillings or to imprisonment for two years or to both. Impounding and destruction of counterfeit coin Act No. 12 of 1966 Sch. - 358 Verify source ↗
359. Possession of clippings
Government officers and bank managers who receive a coin they reasonably believe is counterfeit must impound it and send it to an authorised Bank of Tanzania officer.
358.–(1) An officer of the Government or the manager of any bank who receives, during the performance of his duties, any coin which he has reasonable ground for believing to be counterfeit coin shall impound such coin and transmit it to an officer of the Bank of Tanzania appointed by the Bank for 719 ©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 purpose, who may cut, deface or destroy it with or without compensation, as he thinks fit, if in his opinion it is counterfeit. (2) The decision of an officer of the Bank of Tanzania appointed by the Bank for the purpose, that a coin is counterfeit and that compensation should be granted or withheld shall be final, and a person shall not be entitled to claim, and proceedings or action shall not be brought, against the Bank of Tanzania or the Government in respect of any loss or damage suffered by reason of such impounding and cutting, defacing or destruction. - 359 Verify source ↗
Possession of clippings
A person must not unlawfully possess or dispose of specified gold or silver clippings or other forms if they were obtained by reducing the weight of coin, knowing that origin.
359. A person who unlawfully has in his possession, or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, commits an offence and shall be liable to imprisonment for seven years. Possession of clippings Uttering counterfeit coin - 360 Verify source ↗
Uttering counterfeit coin
A person commits an offence if they utter any counterfeit coin knowing it is counterfeit.
360. A person who utters any counterfeit coin, knowing it to be counterfeit, commits an offence. Repeated uttering - 361 Verify source ↗
Repeated uttering
A person commits an offence if they utter counterfeit coin knowing it is counterfeit, or possess three or more counterfeit coins with intent to utter them.
361. A person who- (a) utters any counterfeit coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit coin; (b) utters any counterfeit coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit coin, knowing it to be counterfeit; or (c) has in his possession three or more pieces of counterfeit coin, knowing them to be counterfeit and with intent to utter any of them, commits an offence and shall be liable to imprisonment for three years. Uttering medal or metal as coin - 362 Verify source ↗
Uttering medal or metal as coin
A person who, with intent to defraud, passes a medal or piece of metal as coin commits an offence and is liable to imprisonment for one year.
362. A person who, with intent to defraud, utters as and for coin any medal or piece of metal, whether a coin or not, which is of 720 ©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] less value than the coin as and for which it is uttered, commits an offence and shall be liable to imprisonment for one year. Exporting counterfeit coin - 363 Verify source ↗
Exporting counterfeit coin
A person commits an offence if, without lawful authority or excuse, they export or load for export any counterfeit coin from Tanzania, knowing it is counterfeit.
363. A person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board a vessel or vehicle of any kind for the purposes of being exported from Tanzania, any counterfeit coin whatsoever, knowing it to be counterfeit, commits an offence. Forfeiture R.L. Cap. 500 s. 12 - 364 Verify source ↗
Forfeiture
If someone is convicted under this Chapter or Chapter XXXVII, the court must order certain counterfeit or related items forfeited to the United Republic.
364. When any person is convicted of an offence under this Chapter, or Chapter XXXVII, the court shall order the forfeiture to the United Republic of any forged bank note, currency note, counterfeit coin, stamp, mould, tool, instrument, machine, press or any coin, bullion or metal used or employed in the commission of the offence. Possession of die used for purposes of marking stamps R.L. Cap. 500 s.. 12 and 36 CHAPTER XXXIX COUNTERFEIT STAMPS
Part
CHAPTER XXXIX
- 365 Verify source ↗
Possession of die used for purposes of marking stamps
A person must not make, possess, use, alter, or handle stamp-making tools or previously used stamps without lawful authority or excuse.
365. A person who, without lawful authority or excuse, the proof of which lies on him- (a) makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his possession, or disposes of any die, plate or instrument used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue or of the Tanzania Posts Corporation or of any foreign country, or capable of producing in or on paper any words, figures, letters, marks or lines used in or on any paper specially provided by the proper authority for any such purpose; (b) knowingly has in his possession or disposes of any paper or other material which has on it the impression of any die, plate or instrument, or any paper which has on it or in it any words, figures, letters, marks or lines referred to in paragraph (a); 721 ©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) fraudulently, and with intent that use may be made of any stamp or of any part of it, removes the stamp from any material in any way whatsoever; (d) fraudulently, and with intent that use may be made of any part of a stamp, mutilates the stamp; (e) fraudulently fixes or places upon any material or upon any such stamp, any stamp or part of a stamp which has been in any way removed from any other material, or cut off or from any other stamp; (f) fraudulently, and with intent that use may be made of any stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, from the material anything whatever written on it; (g) knowingly has in his possession or disposes of anything obtained or prepared by any unlawful act prohibited under paragraphs (a) to (f), or as aforesaid; or (h) fraudulently or with intent to cause loss to the public revenue, uses for any purpose any stamp which he knows to have been previously used, commits an offence and shall be liable to imprisonment for seven years and any die, plate, instrument, paper or other thing referred to in this section which is found in his possession shall be forfeited to the United Republic. - 366 Verify source ↗
Paper and dies for postage stamps
A person must not make, use, possess, or dispose of imitation postage stamps or the tools for making them without lawful authority or excuse.
366. A person who, without lawful authority or excuse, the proof of which lies on him- (a) makes or begins or prepares to make, or uses for any postal purposes, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of Tanzania or of any foreign country; or (b) makes or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of any die, plate, instrument or material for making any such imitation or representation, 722 Paper and dies for postage stamps R.L. Cap. 500 s.. 12 and 36 ©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 a fine of one hundred thousand shillings or to imprisonment for one year, and any stamps or other things referred to in this section which are found in his possession, shall be forfeited to the United Republic. (2) For the purposes of this section a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown. CHAPTER XL COUNTERFEITING TRADE MARKS Repealed3 367-368. [Repealed by Act No. 20 of 1963 s. 19.]3 CHAPTER XLI PERSONATION Personation in general
Part
CHAPTER XLI
- 369 Verify source ↗
Personation in general
A person who falsely pretends to be another person, with intent to defraud, commits an offence.
369.–(1) A person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, commits an offence. (2) Where the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the offence to obtain that property or possession thereof, he shall be liable to imprisonment for seven years. Falsely acknowledging deeds, recognisances, etc. - 370 Verify source ↗
Falsely acknowledging deeds, recognisances, etc
A person must not falsely make another person’s acknowledgement of liability or of a deed/instrument before a court or authorised person, unless they have lawful authority or excuse.
370. A person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person before any court or person lawfully authorised to take such an acknowledgement, an acknowledgement of liability of any kind, or an acknowledgement of a deed or other instrument, commits an offence. 3 Note: Chapter XL repealed by the Merchandise Marks Act, 1963(Act No. 20 of 1963 s.19) was retained under the R.E 2002 but is now omitted after the coming into operation of the Merchandise Marks Act vide G.N 94/2005 723 ©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] Personation of person named in certificate Lending, etc., certificate for personation - 371 Verify source ↗
Personation of person named in certificate
A person who uses an official document issued to someone else and falsely claims to be the named person commits an offence and is liable to the same punishment as forgery.
371. A person who utters any document which has been issued by lawful authority to another person and whereby that other person is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, commits an offence of the same kind and shall be liable to the same punishment as if he had forged the document. - 372 Verify source ↗
Lending, etc., certificate for personation
A person issued a qualifying document by lawful authority must not sell, give, or lend it to someone else with intent that the other person impersonates the named person.
372. A person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that, that other person may represent himself to be the person named therein, commits an offence. Personation of person named in testimonial of character - 373 Verify source ↗
Personation of person named in testimonial of character
A person must not use or produce a testimonial-type document given to someone else to get employment; doing so is an offence punishable by one year’s imprisonment.
373. A person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial character given to another person, commits an offence, and shall be liable to imprisonment for one year. Lending etc., testimonial for personation - 374 Verify source ↗
Lending etc., testimonial for personation
A person who has been given a document covered by section 373 must not give, sell, or lend it to someone else if the purpose is for that person to use it to obtain employment.
374. A person who, being a person to whom any such document as is mentioned in section 373 has been given, gives, sells or lends such document to another person with intent that other person may utter the document for the purpose of obtaining any employment, commits an offence. CHAPTER XLII SECRET COMMISSIONS Repealed 375-379. [Repealed by R.L. Cap. 400 s. 15.] 724 ©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] Division VIII. - Attempts, Conspiracies to Commit Crimes, Accessories after the Fact, and Solicitation and Incitement Attempt defined Attempt to commit offence Punishment of attempts to commit offence CHAPTER XLIII ATTEMPTS
Part
CHAPTER XLIII
- 380 Verify source ↗
Attempt defined
A person who starts carrying out an intended offence with an overt act, but does not complete it, is treated as having attempted the offence.
380.–(1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfill his intention to such extent as to commit the offence, he is deemed to attempt to commit the offence. (2) It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfillment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention. (3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence. - 381 Verify source ↗
Attempt to commit offence
A person who attempts to commit an offence commits an offence and, unless another punishment applies, may be punished with up to two years’ imprisonment, a fine, or both.
381. A person who attempts to commit an offence is guilty of an offence for which, unless a different punishment is provided, he shall be liable to imprisonment for two years or a fine or to both. - 382 Verify source ↗
Punishment of attempts to commit offence
A person who attempts to commit a very serious offence commits an offence and, if no other punishment is provided, is liable to seven years’ imprisonment.
382. A person who attempts to commit an offence of such a kind that a person convicted of it shall be liable to the punishment of death or imprisonment for a term of fourteen years or more with or without other punishment commits an offence and shall be liable, where no other punishment is provided, to imprisonment for seven years. Neglect to prevent offence - 383 Verify source ↗
Neglect to prevent offence
If a person knows another person is planning or committing an offence, they must use all reasonable means to stop it.
383. A person who knowing that a person designs to commit or is committing an offence, fails to use all reasonable means to prevent the commission or completion thereof, commits an offence. 725 ©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 XLIV CONSPIRACIES Conspiracy to commit an offence punishable with imprisonment for three or more years of imprisonment
Part
CHAPTER XLIV
- 384 Verify source ↗
Conspiracy to commit an offence punishable with imprisonment for
A person who conspires to commit a qualifying offence commits an offence and may face imprisonment.
384. A person who conspires with another to commit any offence, punishable with imprisonment for a term of three years or more, or to do any act in any part of world which if done in Tanzania would be an offence so punishable, and which is an offence under the laws in force in the place where it is proposed to be done, commits an offence, and shall be liable where no other punishment is provided, to imprisonment for seven years or, where the greatest punishment to which a person convicted of the offence in question shall be liable is less than imprisonment for seven years, then to such lesser punishment. Conspiracy to commit an offence punishable with imprisonment for less than three years - 385 Verify source ↗
Conspiracy to commit an offence punishable with imprisonment for
A person commits an offence by conspiring with another to commit a relatively minor offence, or to carry out an act that would be such an offence in Tanzania and is also an offence where it is to be done.
385. A person who conspires with another to commit an offence punishable with imprisonment for a term of less than three years, or to do any act in any part of the world which if done in Tanzania would be, an offence so punishable, and which is an offence under the laws in force in the place where it is proposed to be done, commits an offence. Other conspiracies Act No. 5 of 1971 2nd Sch. - 386 Verify source ↗
Other conspiracies
A person who conspires with another to achieve certain unlawful or harmful purposes commits an offence.
386.–(1) A person who conspires with another to effect any of the following purposes, that is to say- (a) to prevent or defeat the execution or enforcement of any written law; (b) to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; (c) to prevent or obstruct the free and lawful disposition of any property by the owner for its fair value; (d) to injure any person in his trade or profession; (e) to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession or occupation; 726 ©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] (f) to effect any unlawful purpose; or (g) to effect any lawful purpose by any unlawful means, commits an offence. (2) For the avoidance of doubt, it is hereby declared that a husband and wife may be guilty of conspiring together, whether their marriage is a monogamous marriage or a polygamous marriage. CHAPTER XLV ACCESSORIES AFTER FACT
Part
CHAPTER XLV
- 387 Verify source ↗
Definition of accessories after fact
A person who helps someone they know is guilty of an offence to avoid punishment is an accessory after the fact, subject to stated husband/wife exceptions.
387.–(1) A person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, is an accessory after the fact of the offence. (2) A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting, in her husband’s presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become accessory after the, fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment. - 388 Verify source ↗
Punishment of accessories after fact to offences punishable with
A person who becomes an accessory after the fact to an offence punishable by at least three years’ imprisonment commits an offence.
388. A person who becomes an accessory after the fact to an offence punishable with imprisonment for three years or more, commits an offence, and shall be liable, where no other punishment is provided, to imprisonment for seven years. Definition of accessories after fact Punishment of accessories after fact to offences punishable with three or more years imprisonment Act No. 2 of 1972 Sch. 727 ©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 accessories after fact to offences punishable with less than three years imprisonment Soliciting or inciting commission of offence Ord. No. 47 of 1954 s. 2 - 389 Verify source ↗
Punishment of accessories after fact to offences punishable with
A person commits an offence if they become an accessory after the fact to an offence punishable with imprisonment for less than three years.
389. A person who becomes an accessory after the fact to an offence punishable with imprisonment for less than three years commits an offence. CHAPTER XLVI SOLICITATION AND INCITEMENT
Part
CHAPTER XLVI
- 390 Verify source ↗
Soliciting or inciting commission of offence
A person commits an offence if they solicit or incite someone else to commit an offence, even if the solicitation or incitement has no effect.
390. A person who solicits or incites another to commit an offence commits an offence notwithstanding that the solicitation or incitement has no effect. 728 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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