THE PRISONS ACT
This section says a death sentence must be carried out in or near a prison appointed by the Commissioner, certain prison staff must attend, a minister may attend, and other people need the Minister’s written authority to be present.
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This section says a death sentence must be carried out in or near a prison appointed by the Commissioner, certain prison staff must attend, a minister may attend, and other people need the Minister’s written authority to be present. The Minister may define which prisoner acts or omissions count as prison offences and classify some as minor or major. A prison officer-in-charge may punish prisoners found guilty after due inquiry, with different powers depending on whether the officer is senior or subordinate. The Commissioner may punish prisoners for prison offences, and an officer-in-charge may transfer a major prison offence to the Commissioner if local punishment powers are inadequate. A prisoner found guilty of a major prison offence may ask for review by the Commissioner, and the officer-in-charge must pass the record to the Commissioner if the prisoner wants review.
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Provisions of THE PRISONS ACT
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- 31 Verify source ↗
Execution of death sentence
This section says a death sentence must be carried out in or near a prison appointed by the Commissioner, certain prison staff must attend, a minister may attend, and other people need the Minister’s written authority to be present.
31.–(1) Sentence of death shall be carried out in or within the precincts of a prison appointed by the Commissioner for the carrying out of sentences of death. 23 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (2) The officer-in-charge, the medical officer and such prison officers as may be necessary shall be present at an execution of a sentence of death. (3) A minister of the religious denomination to which the prisoner belongs may be present at the execution. (4) A person shall not be present at an execution without the written authority of the Minister except those authorised in subsections (2) and (3) of this section. PART VIII OFFENCE BY PRISONERS Prison offence
Part
PART VIII
- 32 Verify source ↗
Prison offence
The Minister may define which prisoner acts or omissions count as prison offences and classify some as minor or major.
32. The Minister may prescribe what acts or omissions by prisoners shall be deemed to be prison offence and may prescribe which of such offences shall be minor prison offences and which shall be major prison offences. Powers of prison officer- in- charge to punish prisoner - 33 Verify source ↗
Powers of prison officer- in-charge to punish prisoner
A prison officer-in-charge may punish prisoners found guilty after due inquiry, with different powers depending on whether the officer is senior or subordinate.
33.–(1) An officer-in-charge, where he is a senior prison officer, may punish any prisoner found after due inquiry by him to be guilty of a minor offence by awarding him one or more of the following punishments: (a) confinement in a separate cell on such punishment diet as may be prescribed and for a term not exceeding such period as may be prescribed; (b) forfeiture of remission not exceeding such term of remission earned as may be prescribed; or (c) forfeiture of some or all of the privileges for such period as may be prescribed. (2) The officer-in-charge, if, he is a subordinate prison officer, may punish any prisoner found after due inquiry by him to be guilty of a minor prison offence by awarding him one or more of the following punishments: (a) confinement in a separate cell on such punishment diet as may be prescribed for a term not exceeding such period as may be prescribed; 24 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (b) forfeiture of remission not exceeding such term of remission earned as may be prescribed; or (c) forfeiture of some or all of the privileges for such period as may be prescribed. (3) An officer-in-charge being a senior prison officer may punish any prisoner found after due inquiry by him to be guilty of a major prison offence by awarding him one or more of the following punishments: (a) corporal punishment with a cane, not exceeding such number of strokes as may be prescribed; (b) confinement in a separate cell on such punishment diet as may be prescribed for a term not exceeding such period as may be prescribed; (c) forfeiture of remission not exceeding such term of remission earned as may be prescribed; or (d) forfeiture of some or all of the privileges for such period as may be prescribed. (4) A sentence of corporal punishment shall not be awarded except for an offence involving personal violence to a prison officer, and such sentence shall not be carried out unless it has been confirmed by the Commissioner. - 34 Verify source ↗
Punishment of prisoners by Commissioner
The Commissioner may punish prisoners for prison offences, and an officer-in-charge may transfer a major prison offence to the Commissioner if local punishment powers are inadequate.
34.–(1) The Commissioner may punish any prisoner found after due inquiry by him to be guilty of a prison offence. (2) An officer-in-charge on finding a prisoner guilty of a major prison offence may, if he is of the opinion that in the circumstances of the case the powers of punishment he possesses are inadequate, transfer the case to the Commissioner for punishment. (3) An officer-in-charge, if he transfers a case to the Commissioner under subsection (2), shall forward to the Commissioner- (a) a copy of the charge; (b) the record of all the evidence he has taken including the evidence of the prisoner; (c) the reasons why he has found the prisoner guilty; and 25 Punishment of prisoners by Commissioner ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (d) any representations the prisoner may wish to make to the Commissioner in regard to punishment. (4) The Commissioner on receipt of a record forwarded to him under subsection (3) may- (a) punish the prisoner; (b) reverse the finding of the officer-in-charge and acquit the prisoner; or (c) require the officer-in-charge to take further evidence and submit it to him prior to his making a decision. (5) The Commissioner may award a prisoner one or more of the following punishments: (a) corporal punishment with a cane not exceeding such number of strokes as may be prescribed; (b) confinement in a separate cell on such diet and for such period as may be prescribed; (c) forfeiture of remission not exceeding such term of remission earned as may be prescribed; or (d) forfeiture of some or all of the privileges for such period as may be prescribed. - 35 Verify source ↗
Right to apply for review
A prisoner found guilty of a major prison offence may ask for review by the Commissioner, and the officer-in-charge must pass the record to the Commissioner if the prisoner wants review.
35.–(1) Where a prisoner is found guilty of a major prison offence by an officer-in-charge under the provisions of section 33, the officer shall inform the prisoner that he may, if he so wishes, have his case reviewed by the Commissioner and where the prisoner expresses a desire to have his case reviewed, the officer-in-charge shall transmit to the Commissioner a record of the proceedings in the prescribed form. (2) On receipt of the record transmitted to him under the provisions of subsection (1) the Commissioner may- (a) reverse the finding of the officer-in-charge and acquit the prisoner; (b) require the officer-in-charge to take further evidence and submit it to him prior to his making a decisions; or (c) affirm the finding made by the officer-in-charge and- reduce the punishment; (i) (ii) increase the punishment; or (iii) alter the nature of the punishment: 26 Right to apply for review ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Magistrate may punish persistent offenders Provided that, the Commissioner shall not, on review award in respect of any prison offence a punishment greater than the punishment which the officer-in-charge who tried the prisoner could have lawfully awarded. - 36 Verify source ↗
Magistrate may punish persistent offenders
A persistent prison-discipline offender may be brought before a magistrate, who may sentence the offender to up to six months in prison, consecutive to the current sentence.
36.–(1) A prisoner who is a persistent offender against prison discipline may, instead of being dealt with under the foregoing provisions of this Part, be brought before a magistrate and charged with any of the prison offence he has committed and the magistrate may, on convicting the offender, sentence him to a term of imprisonment not exceeding six months to run consecutively with the sentence then being served. (2) Proceedings under this section shall not be taken against any prisoner in respect of any matter for which he has been punished under the provisions of section 33 or 34. Prisoner’s defence - 37 Verify source ↗
Prisoner’s defence
A prisoner cannot be found guilty of a prison offence unless he has first had a chance to hear the charges and make his defence.
37. Prisoner shall not be found to be guilty of a prison offence until he has had an opportunity of hearing the charge or charges against him and making his defence. Medical examination before punishment Corporal punishment - 38 Verify source ↗
Medical examination before punishment
A prisoner cannot be put on punishment diet unless a medical officer, or someone the medical officer appoints, certifies the prisoner as medically fit.
38.–(1) A prisoner shall not be subjected to punishment diet until certified as medically fit to undergo such punishment by a medical officer or other person appointed for such purpose by the medical officer. (2) Punishment diet shall not be combined with labour. - 39 Verify source ↗
Corporal punishment
This section limits corporal punishment, requires medical certification, and gives the medical officer control to direct safety measures or stop the punishment.
39.–(1) Where corporal punishment is punishment prescribed for any offence the number of strokes shall not exceed ten in the case of persons of or under the apparent age of sixteen years, and eighteen in all other cases, and shall be inflicted with such type of cane and in such manner as may be prescribed. (2) A sentence of corporal punishment imposed upon a prisoner by an officer-in-charge shall be subject to confirmation by the Commissioner, who may increase or reduce the number of strokes ordered to be inflicted, or may substitute any other punishment or punishments as he is authorised by this Act to award. 27 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (3) A sentence of corporal punishment shall not be carried out unless the medical officer has certified that the prisoner is fit to undergo such punishment. (4) A medical officer may give such directions for the prevention of injury to the health of the prisoner ordered to receive corporal punishment as he may deem necessary, and such directions shall be complied with before the punishment is inflicted, and where, during the course of the infliction of such punishment, the medical officer directs it to be discontinued, it shall be so discontinued. (5) Corporal punishment shall not be inflicted upon any female prisoner, male prisoner under sentence of death or over the age of forty-five years, any civil prisoner, or any prisoner imprisoned as a vagrant. - 40 Verify source ↗
Segregation of prisoner
The officer-in-charge may order a prisoner to be segregated if that is considered necessary for the prison’s good order and discipline.
40. Whenever it appears to the officer-in-charge that it is desirable for the good order and discipline of the prison for a prisoner to be segregated and not to work or associate with other prisoners, it shall be lawful for such officer to order the segregation of such prisoner for such period as may be considered necessary. Segregation of prisoner Register of punishments - 41 Verify source ↗
Register of punishments
The officer-in-charge must enter punishment records in a register, including the prisoner’s name, offence, and punishment details, and the register must be open to inspection by visiting justices.
41. The officer-in-charge shall cause to be entered in a register, which shall be open for inspection by the visiting justices, a record of all punishments imposed upon prisoner punished, his name, the nature of his offence, and the nature and extent of his punishment. Prisoners subject to discipline and regulations - 42 Verify source ↗
Prisoners subject to discipline and regulations
A prisoner must follow prison discipline and regulations for the whole time of imprisonment, even outside prison premises.
42. A prisoner shall be subject to prison discipline and regulations during the whole time of his imprisonment whether he is or is not within the precinct of any prison. Powers of officers holding disciplinary inquiries - 43 Verify source ↗
Powers of officers holding disciplinary inquiries
A prison officer investigating a prisoner disciplinary offence may summon and question witnesses, require documents, and adjourn hearings.
43.–(1) A prison officer inquiring into a disciplinary offence alleged to have been committed by prisoners shall have power to summon and examine witnesses on oath or affirmation and to require the production of all documents relevant to such inquiry and to adjourn any hearing. 28 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (2) A person summoned as a witness under subsection (1) who fails to attend at the time and place mentioned in the summons or on adjournment, or refuses to answer any question lawfully put to him commits an offence and on conviction shall be liable by a court of competent jurisdiction to a fine not exceeding one hundred shillings or to imprisonment for a term not exceeding one month or to both: Provided that, a witness shall not be obliged to answer any question which may tend to incriminate him or render him liable to any penalty. PART IX PRIVILEGES OF PRISONERS AND REMISSION OF SENTENCE Religion of prisoners
Part
PART IX
- 44 Verify source ↗
Religion of prisoners
Each prisoner’s religious denomination or sect must be recorded, and the prisoner must be treated as a member of that denomination or sect; worship facilities are to be provided as prescribed.
44. The religious denomination or sect of every prisoner shall be recorded and the prisoner shall be treated as a member of such religious denomination or sect, and the facilities for worship shall be provided as may be prescribed. Appointment of prison ministers - 45 Verify source ↗
Appointment of prison ministers
The Minister may appoint ministers or priests of any religion or sect as prison ministers by notice in the Gazette.
45. The Minister may, appoint by notice in the Gazette ministers or priests of any religion or sect to be prison ministers. Visits and letters - 46 Verify source ↗
Visits and letters
Prisoners may receive and send letters and receive visitors, but only as prescribed.
46. The privileges of prisoners to receive and send letters and to receive visitors shall be such as may be prescribed. Postage of letters written by prisoners Approach to visiting justice Remission of part of sentence of convicted criminal prisoner Act No. 29 of 1968 s. 2
Part
part of sentence
- 47 Verify source ↗
Postage of letters written by prisoners
The Government must pay the postage costs for letters written by prisoners.
47. The Government shall bear the cost of postage of letters written by prisoners. - 48 Verify source ↗
Approach to visiting justice
A prisoner may raise any matter with a visiting justice when that justice is visiting the prison.
48. A prisoner may bring to the notice of any visiting justice who is visiting the prison any matter which he considers should be brought to the visiting justice’s attention. - 49 Verify source ↗
Remission of part of sentence of convicted criminal prisoner
Some prisoners can earn remission of one-third of their sentence for industry and good conduct, but not if they are serving life imprisonment or are detained at the President’s pleasure.
49.–(1) Convicted criminal prisoners sentenced to imprisonment may, by industry and good conduct, earn a remission of one- third of their sentence or sentences: 29 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Provided that, in no case shall any remission be granted to a prisoner sentenced to imprisonment for life or detained at the President’s pleasure. (2) For the purpose of giving effect to subsection (1), a convicted criminal prisoner shall, on admission, be credited with the full amount of remission to which he would be entitled at the end of his sentence or sentences where he lost no remission of sentence. (3) A prisoner shall not earn any remission in respect of any period- (a) spent in hospital, where his stay in hospital is caused by his own negligence or where he is certified by the medical officer to be malingering; or (b) while undergoing confinement as a punishment in a separate cell. (4) A prisoner shall lose the whole of the remission to which he would otherwise be entitled under this section if a prisoner- (a) is punished for a prison offence; (b) is serving a sentence for a scheduled offence under the Cap. 90 Minimum Sentences Act; or (c) escapes or attempts to escape from prison. (5) The Commissioner shall have the power to restore in whole or part any remission forfeited as a punishment for a prison offence but not otherwise. Additional special remission - 50 Verify source ↗
Additional special remission
The President may grant a further remission, if the Commissioner recommends it, for exceptional merit, permanent ill-health, or another ground.
50. Notwithstanding the provisions of section 49, on the recommendation of the Commissioner, the President may grant a further remission on the grounds of exceptional merit, permanent ill-health or any other ground. Review of sentence - 51 Verify source ↗
Review of sentence
The Commissioner must send the President reports on certain prisoners at specified intervals, with some cases excluded and some reports allowed more often.
51.–(1) The Commissioner shall submit to the President a report on the general condition and conduct of the following prisoners at the times stated: (a) young prisoners serving indeterminate sentences as soon as the prisoner has completed one year of the sentence and thereafter annually; 30 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (b) adult prisoners serving fixed sentences of eight years or more as soon as the prisoner has completed four years of his sentence and thereafter at quadrennial intervals; and (c) adult prisoners serving indeterminate sentences as soon as the prisoner has completed one year of his sentence and thereafter at quadrennial intervals. (2) Nothing in this section shall be deemed to prohibit the President from directing that, the reports shall be submitted at more frequent intervals or the Commissioner from submitting reports as and when he may consider desirable. (3) The provisions of this section shall not apply to criminal lunatics or prisoners receiving treatment in mental hospitals. - 52 Verify source ↗
Eligibility for release on community service
If a prison officer thinks a prisoner is eligible for community-service release, the officer must tell the prisoner and, if the prisoner agrees, certify the matter to the court.
52.–(1) Where an officer-in-charge of a prison is satisfied that a prisoner under his custody is eligible for release on community service under the Community Service Act, he shall advise the prisoner of the eligibility and if the prisoner consents to the certification being made for his release on community service, he shall certify the matter to the court of competent jurisdiction for arrangement to be made for the release of the prisoner on community service. (2) The court to which the matter has been certified under subsection (1) of this section, shall cause an inquiry to be carried out in accordance with the provisions of the Community Service Act, and where satisfied that a community service order should be made, it shall proceed to make the order and issue release warrant in accordance with the provisions of this Act. PART X REMOVAL OF PRISONERS Eligibility for release on community service Act No. 9 of 2002 Sch. Cap. 291 Removal of prisoners between prisons
Part
PART X
- 53 Verify source ↗
Removal of prisoners between prisons
The Commissioner may order a prisoner moved from one prison to another. If the prison officer cannot provide an escort, the officer-in-charge may hand the prisoner over to a police officer for that duty.
53.–(1) The Commissioner may order that any prisoner shall be removed from one prison to another, and whenever any prisoner is removed to any prison other than that named in the 31 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Removal of sick prisoners to hospital warrant or order under which he may have been imprisoned, such warrant or order, together with an order of removal, either endorsed on the warrant or order or separate therefrom, shall be deemed sufficient authority for the removal of such prisoner to the prison named in the order of removal and for his detention therein, and, in the case of convicted criminal prisoners, for the carrying out of the sentence or any part thereof which may remain unexecuted. (2) Where on the removal of any prisoner from any prison the officer-in-charge is unable to provide a prison officer as escort for such prisoner, it shall be lawful for the officer- in-charge of the prison from which the prisoner is to be removed, to deliver the prisoner to any police officer who may be detailed for such duty, and thereupon such police officer shall have the same powers and be subject to the same responsibilities, discipline and penalties and to the same authority as a prison officer would have and be subject to in like circumstances. - 54 Verify source ↗
Removal of sick prisoners to hospital
A seriously ill prisoner may be moved to a Government hospital, and in an emergency the officer-in-charge may order the move without consulting the medical officer.
54.–(1) In the case of serious illness of a prisoner confined in a prison where adequate facilities do not exist for the treatment of sick prisoners, the medical officer may order his removal to a Government hospital and in cases of emergency such removal may be ordered by the officer-in-charge without consultation with the medical officer. (2) A prisoner who is removed to a hospital under subsection (1) shall be deemed to be under detention in the prison from which he is so removed. (3) Whenever the medical officer considers that, the health of a prisoner removed to a hospital under subsection (1) no longer requires his detention therein he shall notify the officer- in-charge of the prison from which the prisoner was removed and the officer-in-charge of that prison shall thereupon cause such prisoner to be returned to the prison where he is still liable to be confined therein. 32 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT Medical officers and staff to take precautions to prevent escape Measures for further security of prisoners in hospital Prison officer not liable for escape of prisoners in hospital [CAP. 58 R.E. 2023] - 55 Verify source ↗
Medical officers and staff to take precautions to prevent escape
Hospital medical officers and staff must take reasonable steps to stop a prisoner under treatment from escaping, but not if doing so would likely harm the prisoner’s health.
55.–(1) A medical officer-in-charge of a hospital and the persons employed therein shall take every reasonable precaution to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such officer and persons to take such measures for the preventing of the escape of any such prisoner as may be necessary: Provided that, nothing shall be done under the authority of this subsection which, in the opinion of the medical officer-in- charge of such hospital, is likely to be prejudicial to the health of such prisoner. (2) Subject to subsection (3) of section 49 the period during which the prisoner has been detained in a hospital under this section shall be deemed part of his term of imprisonment. - 56 Verify source ↗
Measures for further security of prisoners in hospital
If the officer-in-charge thinks special security measures are needed for a prisoner in hospital, the prisoner may be placed in the charge of selected prison officers or temporary prison officers.
56.–(1) Where the officer-in-charge considers it desirable to take special measures for the security of a prisoner undergoing treatment in a hospital, it shall be lawful for him to give such prisoner into the charge of such prison officers or temporary prison officers as the officer-in-charge may see fit. (2) One of the prison officers or temporary prison officers referred to in subsection (1) shall always be with the prisoner day and night and the prison officers or temporary prison officers shall be vested with full powers and authority to do all things necessary to prevent the prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to the officer-in-charge on his discharge from hospital or until such time as his sentence expires, whichever may first occur. - 57 Verify source ↗
Prison officer not liable for escape of prisoners in hospital
A prison officer is not answerable for a prisoner’s escape from a hospital or mental hospital unless the prisoner was in the officer’s personal custody. Hospital medical officers and similar staff are also not answerable unless they helped the escape or wilfully failed to take reasonable precautions.
57. Where a prisoner escapes during such time as he is in any hospital or mental hospital, a prison officer shall not be held answerable therefor unless the prisoner shall have been in the personal custody of such officer, and a medical officer, other officer or employee of a hospital shall not be held answerable therefor unless it is shown that he, has helped such prisoner to escape or has wilfully neglected to take reasonable precautions to prevent his escape. 33 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Removal of prisoners of unsound mind Act No. 41 of 1969 Sch. Cap. 20 - 58 Verify source ↗
Removal of prisoners of unsound mind
A medical officer must report an unsound-mind prisoner to the court, and the court may order removal to a mental hospital in Tanzania.
58.–(1) Whenever a medical officer is of the opinion that any prisoner, other than a remand prisoner, is of unsound mind, he shall prepare and transmit to the district court or to a court of resident magistrate having jurisdiction over the area in which the prison is situate, a report and recommendation for the treatment of the prisoner in a mental hospital, and the court may, on receipt of such a report and recommendation, by order, direct that such prisoner be removed to any mental hospital in Tanzania and be retained therein, and such order shall be sufficient authority for the reception of the prisoner and for his detention in such mental hospital until removed or discharged as hereinafter provided. (2) Whenever a medical officer is of the opinion that any person remanded in prison is of unsound mind, he shall make and transmit to the court that remanded him a written report of that person’s condition and the court shall thereupon proceed in accordance with the provisions of the Criminal Procedure Act. (3) Where any prisoner is removed to a mental hospital under subsection (1) is, in the opinion of the person in charge of such mental hospital, no longer of unsound mind, the person in charge shall notify the officer-in-charge of the prison from which the prisoner was removed and the prisoner shall be delivered into the custody of the officer-in-charge of that prison if he is still liable to be confined therein and, if not so liable, shall be released. (4) The period during which a prisoner other than a remand prisoner has been detained in a mental hospital under this section shall be reckoned as part of his term of imprisonment. Removal of convicted prisoners with leprosy - 59 Verify source ↗
Removal of convicted prisoners with leprosy
Prisoners certified by a medical officer as having active leprosy must be transferred, by order of the Commissioner, to the nearest prison for persons with leprosy.
59. Prisoners who are certified by the medical officer to be suffering from active leprosy shall, by order made by the Commissioner, be transferred to the nearest prison for persons with leprosy. 34 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT Removal of persons required as witnesses [CAP. 58 R.E. 2023] - 60 Verify source ↗
Removal of persons required as witnesses
A court or other competent authority may order a prison officer to produce a prisoner, and the officer must move and safely keep the person while away from prison.
60.–(1) Whenever the presence of any person confined in a prison is required by any court or other competent authority, the court or competent authority may issue an order addressed to the officer-in-charge requiring production before the court or other competent authority of the person in custody at the time and place to be named in the order, and the officer-in- charge shall cause the person to be moved as directed and shall provide for the safe custody of the person during his absence from prison. (2) A person removed from a prison in pursuance of an order made under subsection (1) shall, whilst outside the prison, be kept in the custody as the officer-in-charge may direct and whilst in that custody shall be deemed to be in lawful custody: Provided that, this section shall not prohibit the officer-in- charge from handing over to police custody prisoners who are required to attend any court and prisoners taken into police custody for that purpose shall remain under police supervision until returned to the prison or discharged by the court. Medical examination before removal - 61 Verify source ↗
Medical examination before removal
Before a prisoner is moved to another prison, a medical officer must examine the prisoner and certify that the prisoner is free from illness that would make removal unfit.
61.–(1) A prisoner prior to being removed to any other prison shall be examined by the medical officer. (2) A prisoner shall not be so removed unless the medical officer certifies that he is free from any illness rendering him unfit for removal. Training, treatment and employment of prisoners PART XI TRAINING AND TREATMENT OF PRISONERS
Part
PART XI
- 62 Verify source ↗
Training, treatment and employment of prisoners
A prisoner sentenced to imprisonment and detained in prison must be employed, trained, treated, and assigned labour as directed.
62. A prisoner sentenced to imprisonment and detained in prison shall, subject to the provisions of this Act and subject to any special order of the court, be employed, trained and treated, whether he is in or is not within the precincts of any prison, in such a manner as the Commissioner may determine, and for that purpose, the prisoner shall, at all times, perform such labour, tasks and other duties as may be assigned to him by the officer-in-charge or any other prison officer in whose charge he may be. 35 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT Women prison officers [CAP. 58 R.E. 2023] - 63 Verify source ↗
Women prison officers
Prisons holding female prisoners must have enough women prison officers, and the Commissioner decides whether a woman prison officer must be in charge.
63. A prison or any portion of a prison established or used for the admission, detention, training and treatment of female prisoners shall have a sufficient number of women prison officers, and the Commissioner shall determine whether a woman prison officer shall be in charge thereof. Employment of women prisoners - 64 Verify source ↗
Employment of women prisoners
A woman prisoner may only be employed on labour suitable for women, and a medical officer may excuse her from labour, tasks, or other duties.
64. A woman prisoner shall only be employed on labour which is suitable for women. Medical officer may excuse labour, tasks or other duties - 65 Verify source ↗
Medical officer may excuse labour, tasks or other duties
The medical officer may excuse a prisoner from labour or require light labour, and a prisoner assigned light labour must do the work the medical officer considers fit.
65. The medical officer may order any prisoner to be excused from labour or to perform light labour and a prisoner ordered to perform light labour shall be required to perform the labour for which he is considered fit by the medical officer. Clothing, bedding and dietary scales - 66 Verify source ↗
Clothing, bedding and dietary scales
Prisoners must wear prison clothing set by the Commissioner, have separate bedding for warmth and health, and the dietary scale for prisoners must be prescribed.
66.–(1) Subject to the provisions of section 77, a prisoner shall be supplied with and shall wear such prison clothing as may be determined by the Commissioner. (2) A prisoner shall be provided with separate bedding adequate for warmth and health as may be determined by the medical officer and be prescribed by regulations. (3) A child of a female prisoner admitted to prison shall be provided with all necessaries. (4) The dietary scale for prisoners shall be prescribed. Gratuity to prisoner - 67 Verify source ↗
Gratuity to prisoner
The Government may pay a prisoner gratuity at prescribed rates.
67. A prisoner may be paid gratuity by the Government in accordance with the rates prescribed. Confinement of convicted criminal prisoners - 68 Verify source ↗
Confinement of convicted criminal prisoners
Convicted criminal prisoners may be confined in wards or cells, subject to regulations, and cells and wards must be lit at night and constantly supervised by a prison officer.
68.–(1) Subject to any regulations made under this Act, convicted criminal prisoners may be confined either in association in wards or individually in cells or partly in wards and partly in cells. (2) Cells and wards shall be illuminated at night and be under the constant supervision of a prison officer. Isolation cells - 69 Verify source ↗
70. Separation of prisoners
Prisons must have suitable isolation cells when needed and practicable, and the Commissioner must approve their pattern.
69.–(1) There shall be provided in every prison, where practicable and necessary, sufficient isolation cells of a pattern 36 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] approved by the Commissioner and the cells shall be used for the following purposes only: (a) to confine a prisoner sentenced to confinement in a separate cell in accordance with the provisions of section 33 or 34; (b) to confine a prisoner in accordance with the provisions of section 71; and (c) to segregate any prisoner where desirable in the interests of the administration of justice and no ordinary single cell shall be available for the purpose. (2) Isolation cells shall be furnished with the means of enabling a prisoner when confined therein to communicate at any time with a prison officer. Separation of prisoners - 70 Verify source ↗
Separation of prisoners
The Commissioner may order convicted criminal prisoner groups to be separated from each other, subject to sections 28 and 76.
70. Subject to the requirements of sections 28 and 76, the Commissioner may order the separation from each other of the groups of convicted criminal prisoners classified under the provisions of section 29. Application of solitary confinement and mechanical restraint - 71 Verify source ↗
Application of solitary confinement and mechanical restraint
The officer-in-charge may order a prisoner to be confined in an isolation cell and restrained when urgently necessary for safe custody; hospital patients are exempt unless a medical officer certifies they are fit.
71. Whenever the officer-in-charge considers it urgently and absolutely necessary, with reference to the character of the prisoner or the state of the prison or other place in which the prisoner is or is deemed to be under detention, for the safe custody of any prisoner that he should be subject to restraint and in addition be confined in an isolation cell he may order such prisoner to be so confined and shall be restrained in such manner as may be prescribed: Provided that, a prisoner who is receiving medical treatment in any hospital shall not be confined or restrained under the provisions of this section unless the medical officer certifies that, the prisoner is fit to be so confined or restrained. Prisoner under sentence of death - 72 Verify source ↗
Prisoner under sentence of death
A prisoner under sentence of death must be kept apart from other prisoners in a special cell or ward.
72. A prisoner under sentence of death shall be confined apart from other prisoners in a special cell or ward and the treatment of prisoner under sentence of death shall be such as may be prescribed. 37 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT Persons sentenced to short term may opt for extramural penal labour in lieu of imprisonment Act No. 9 of 1996 Sch. [CAP. 58 R.E. 2023] - 73 Verify source ↗
Persons sentenced to short term may opt for extramural penal labour
Some short-term prisoners, and people held for unpaid fines or costs, may declare that they want public work outside prison, and the court and prison authorities must process that declaration and notify the administrative officer.
73.–(1) Where a person is sentenced by any court to imprisonment for a term or terms not exceeding twelve months, or is liable to be committed to prison for non- payment of fine or costs, he may, before the committal or penal forthwith thereafter declare to the court, or if he is no longer in the custody of the court, to the officer-in-charge of the prison in which he is, or is to be, detained, that he desires to undertake public work outside the prison, unless he is excluded from so declaring by the judgment of the court which sentenced him. (2) In all cases in which a person is entitled under subsection (1) to declare his desire to undertake public work outside the prison, the court shall inform that person of his right to make such declaration: Provided that, any failure of the court to inform that person of his right to make such declaration, shall not in any way invalidate the proceedings or any order made by the court. (3) Notwithstanding any declaration made under subsection (1), the court shall in every case issue the appropriate warrant of committal. (4) Where a declaration has been made under subsection (1) that a person desires to undertake public work outside the prison, the court or the officer-in-charge of the prison, shall notify the administrative officer-in-charge of the area of such declaration. (5) Where the administrative officer, after taking into consideration the work which may be available and the character, record or reputation of such person, is satisfied that, he can usefully be employed on work outside the prison, that person shall not be imprisoned or, if he is already imprisoned shall be released and shall be employed under the supervision of the public officer or other person as the administration officer may appoint and without remuneration on such public work as may be prescribed and as may be specified by the administrative officer. 38 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Medical certificate on death of persons (6) Subsection (4) and (5) shall not make it obligatory for the administrative officer to permit any person to work outside a prison. - 74 Verify source ↗
Medical certificate on death of persons
When a detained person dies in prison, the officer-in-charge must notify the medical officer, who must examine the body, issue a cause-of-death certificate, and deliver it to the nearest coroner.
74.–(1) On the death of a person detained in a prison, the officer-in-charge shall cause immediate notice of such death to be given to the medical officer. (2) The medical officer, on receipt of the notice, shall cause the dead prisoner to be medically examined in a manner he considers necessary and issue a certificate stating the cause of the death and shall cause the certificate to be delivered to the nearest coroner. (3) The coroner shall report to the Commissioner the result of the inquest held. (4) The Commissioner shall also cause an inquiry to be held as to any death in any prison from other than natural causes and report to the Minister. PART XII DETENTION AND TREATMENT OF UNCONVICTED AND CIVIL PRISONERS Detention of remand prisoners
Part
PART XII
- 75 Verify source ↗
Detention of remand prisoners
The officer-in-charge must hold a remanded person in prison according to the warrant of committal and deliver the person to the court or competent authority at the time named in the warrant.
75. The officer-in-charge shall detain a person remanded to prison according to the terms of the warrant of committal issued by a court or competent authority and shall cause that person to be delivered to such court or competent authority at the time named and according to the terms of such warrant. Segregation of civil and unconvicted prisoners - 76 Verify source ↗
Segregation of civil and unconvicted prisoners
Civil and unconvicted prisoners may be allowed to associate together in an orderly way if the Commissioner directs the conditions.
76. Civil and unconvicted prisoners shall and as far as conditions permit be kept apart from other classes of prisoners and they may be permitted to associate together in an orderly manner under such conditions as the Commissioner may direct. 39 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT Maintenance of unconvicted prisoners from private sources Employment of civil and unconvicted prisoners [CAP. 58 R.E. 2023] - 77 Verify source ↗
Maintenance of unconvicted prisoners from private sources
Unconvicted prisoners may keep themselves and buy or receive food, bedding, clothing, and other necessities from private sources, but only during proper hours and subject to examination and other conditions set by the Commissioner.
77.–(1) An unconvicted prisoner may be permitted to maintain himself and to purchase or receive from private sources at proper hours food, bedding, clothing or other necessaries, subject to examination and to such other conditions as the Commissioner may direct. (2) A food, bedding, clothing or other necessaries belonging to an unconvicted prisoner shall not be given, hired, loaned or sold to any other prisoner and a prisoner contravening the provisions of this section shall be liable to lose the privilege of purchasing or receiving food, clothing or other necessaries from private sources for such time as the officer-in-charge may think proper. (3) Where a civil or unconvicted prisoner is unable to receive clothing, bedding or food supplies or where such food is in the opinion of the officer-in-charge unsatisfactory, the prisoner shall receive the regular prison diet, clothing and bedding. (4) A civil or unconvicted prisoner shall not be given or be compelled to wear prison clothing unless- (a) the prisoner’s dress is insufficient or improper or is in an unsanitary condition; or (b) the prisoner’s dress is required as an exhibit; and (c) he is unable to procure other suitable clothing from any other source. (5) A debtor may in addition to the supply of bedding be issued with a bedstead or be permitted to supply himself with a bedstead. - 78 Verify source ↗
Employment of civil and unconvicted prisoners
Civil and unconvicted prisoners, and appellant prisoners, must keep their cells and belongings clean; appellant prisoners must also do labour directed by the Commissioner with the Minister’s approval.
78.–(1) A civil and unconvicted prisoner shall be required to keep his cells, precincts of cells, furniture, clothing and utensils clean and other employment may be given to them at their own request. (2) An appellant prisoner shall be required to keep his cell, furniture, clothing and utensils clean and to perform such labour as the Commissioner, with the approval of the Minister, may direct. 40 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Discharge of prisoners Release before expiration of sentence PART XIII DISCHARGE AND RELEASE OF PRISONERS
Part
PART XIII
- 79 Verify source ↗
Discharge of prisoners
Prison officers must discharge prisoners when they become entitled to release, normally before noon, with limited exceptions for medical treatment and irregular public transport.
79.–(1) An officer-in-charge shall be responsible for the due discharge of all prisoners immediately upon their becoming entitled to discharge. (2) A prisoner under treatment by the medical officer shall not be discharged from prison, except at his own request and where, in the opinion of the medical officer, the discharge can be effected without danger to the health of the prisoner. (3) A prisoner shall be discharged before noon on the date on which he is entitled to be discharged, but should that date fall on Sunday, or public holiday, he shall be discharged before noon on the day preceding such date. (4) The officer-in-charge of a prison in an area or district in which the public transport services are irregular may, on the authority of the Commissioner, discharge a prisoner who has to travel by public transport on the date on which the public transport leaves the area or district immediately before the day on which the prisoner is entitled to be discharged. - 80 Verify source ↗
Release before expiration of sentence
The Minister may release a prisoner who is to be expelled, deported, or removed from the United Republic so the person can be taken onto the transport for removal; while being conveyed, the person must stay in custody.
80.–(1) Where a person who is ordered to be expelled, deported or removed from the United Republic under the provisions of any law in force is serving a sentence of imprisonment, the Minister may direct that such person may be released from the prison in which he is serving sentence for the purpose of being placed on board the vehicle, vessel or aircraft in which he is to be removed from the United Republic, in which case, that sentence shall be deemed to have terminated at the time of the release: Provided that, person shall be kept in custody whilst being conveyed to the vehicle, vessel or aircraft and whilst so kept shall be deemed to be in lawful custody. (2) In default of the direction by the Minister, the person shall be expelled, deported or removed from the United 41 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Republic after the completion of the sentence of imprisonment imposed upon him. Discharge of prisoners in area other than that in which they usually reside - 81 Verify source ↗
Discharge of prisoners in area other than that in which they usually reside
A prisoner discharged from a prison outside the area where he usually lives must be given a travel warrant home and subsistence allowance for the journey, at Government expense.
81. Where a prisoner, on completion of his sentence is discharged from any prison situated in an area other than that in which he usually resides, he shall be provided at Government expense with- (a) a travel warrant to his home; and (b) subsistence allowance for the period of the journey. Penalty for unauthorised wearing of uniforms, etc. Act No. 13 of 1991 Sch. Penalty for aiding escapes PART XIV OFFENCES IN RELATION TO PRISONS AND PRISONERS AND PENALTIES FOR CERTAIN SPECIFIC OFFENCES
Part
PART XIV
- 82 Verify source ↗
Penalty for unauthorised wearing of uniforms, etc
A person must not wear Service uniforms, badges, or similar items likely to deceive unless entitled by office or given permission by the Commissioner; doing so is an offence punishable by a fine up to 5,000 shillings.
82. A person who- (a) wears any uniform or distinctive badge or button of the Service, or anything so closely resembling any such uniform, badge or button as to be likely to deceive; and (b) is not an officer of the Service entitled by reason of his appointment, rank or designation to wear such uniform, badge or button; or (c) has not been granted permission by the Commissioner to wear such uniform, badge or button, commits an offence and on conviction shall be liable to a fine not exceeding five thousand shillings. - 83 Verify source ↗
Penalty for aiding escapes
A person commits an offence if they help a prisoner escape, provide or arrange escape aids, send escape-related messages into or out of prison, or hide an escaped prisoner.
83. A person who- (a) aids any prisoner in escaping or attempting to escape from any prison; (b) for the purpose of facilitating the escape of any prisoner supplies or agrees or attempts to supply or aids, incites or encourages any other person in supplying a prisoner with any mask, dress, disguise or any other articles, instrument, implement, matter or thing; (c) conveys or causes to be conveyed into or out of any prison or any place where prisoners may come to work, 42 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Penalty for loitering in vicinity of prison, etc. any letter or token encouraging or inciting any prisoner to escape or to contravene any regulation or showing a desire to aid any prisoner to escape or to contravene any regulation; or (d) harbours or conceals or assists in harbouring or concealing an escaped prisoner, commits an offence and on conviction shall be liable to imprisonment for seven years. - 84 Verify source ↗
Penalty for loitering in vicinity of prison, etc
A person commits an offence if they loiter near a prison after warning, contact prisoners without lawful authority, interfere with prisoners, photograph or sketch prisons or prisoners without written authority, or publish false prison-related information; conviction can bring a fine, imprisonment, or both.
84.–(1) A person who- (a) is found loitering on any prison property or within one hundred yards of any prison or any other place where prisoners may be, for the purpose of imprisonment or labour, and who fails to depart therefrom upon being warned so to do by any prison officer; (b) without lawful authority holds or attempts to hold any communication with any prisoner; (c) wilfully rides, drives or leads any animal or vehicle through any group of prisoners outside a prison; (d) in any manner wilfully interferes with any prisoner or group of prisoners; (i) (e) without the authority in writing of the Commissioner- sketches or photographs any prison, portion of a prison, prisoner or group of prisoners, whether within or outside any prison; or (ii) causes any sketch or photograph of a prison, portion of a prison, prisoner or group of prisoners to be published in any manner; or (f) published a false information concerning the behaviour or experience in prison of any prisoner or ex-prisoner or concerning the administration of any prison, knowing the same to be false, or without taking reasonable steps to verify such information, commits an offence and on conviction shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both. 43 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Penalty for trafficking Act No. 13 of 1991 Sch. - 85 Verify source ↗
Penalty for trafficking
It is an offence to handle or move prohibited items or communicate with prisoners without lawful authority, and prison staff are also barred from allowing such conduct or dealing with prisoners in business transactions.
85.–(1) A person who without lawful authority- (a) conveys, supplies or causes to be supplied or conveyed to any prisoner, whether within or outside a prison, or hides or places for the use of any prisoner, any document, letter or intoxicating liquor, tobacco, bhang, drug, opiate, money, clothing, provisions or any other article whatsoever; (b) brings or attempts to bring by any means whatever into a prison or places or attempts to place where prisoners shall labour, a letter or document or intoxicating liquor, tobacco, bhang, drug, opiate, money, clothing, provisions or any other article whatsoever; (c) brings or attempts to bring out of any prison, or conveys from any prison any letter or document or other article; or (d) communicates with any prisoner without lawful authority, commits an offence and on conviction shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both. (2) A prison officer or other person employed in the Service who, without lawful authority- (a) allows a letter, document, intoxicating liquor, tobacco, bhang, drug, opiate, money, clothing, provisions or any other article to be supplied or conveyed to any prisoner or to be hidden or placed for his use; (b) allows a letter, document, intoxicating liquor, tobacco, bhang, drug, opiate, money, clothing, provisions or any other article intended to be sold or used therein to be brought or conveyed into a prison or to be placed where prisoners shall labour; (c) allows a letter, document or other article to be brought out of a prison; or (d) enters into or attempts to enter into a business transaction with a prisoner, 44 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Prohibited articles Unlawful possession of prison articles commits an offence and on conviction shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both. - 86 Verify source ↗
Prohibited articles
It is an offence to bring or remove a prohibited article into or from a prison without lawful authority.
86.–(1) A person who without lawful authority brings or introduces in a manner prohibited article into a prison, or who without lawful authority takes out or removes a prohibited article from a prison, commits an offence and on conviction shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both. (2) For the purpose of this section, a “prohibited article” means an article contained in the list which shall be and remain fixed in a conspicuous place outside every prison and signed by the Commissioner or by the officer-in-charge on his behalf and shall list all the articles which the Commissioner has designated to be prohibited articles and the list shall be written in English and Kiswahili. (3) Whether or not any criminal or disciplinary proceedings are commenced against any person, a prison officer may seize any article found to be unlawfully in a prison and the officer-in- charge may order its confiscation and declare it to be forfeited to the Government. - 87 Verify source ↗
Unlawful possession of prison articles
A person must not possess, buy, receive, or help sell/dispose of prison-duty articles supplied to a prison officer without authority; doing so is an offence.
87. A person who- (a) is found in possession of an article or property which has been supplied to a prison officer for use on duty, and who fails to account satisfactorily for the possession thereof; (b) without due authority purchases or receives any article or property referred to in paragraph (a) from any prison officer; or (c) aids and abets a prison officer to sell or dispose of the article or property referred to in paragraph (a), commits an offence and on conviction shall be liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both. 45 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT Incitement and abetting of desertion, mutiny and sedition Act No. 13 of 1991 Sch [CAP. 58 R.E. 2023] - 88 Verify source ↗
89. Desertion
This section creates offences for helping a prison officer desert, encouraging mutiny or disobedience, and for prison officers taking part in or inciting mutiny.
88.–(1) A person who by any means- (a) directly or indirectly procures, persuades, attempts to procure or persuade a prison officer to desert; (b) aids, abets or is accessory to the desertion of a prison officer; or (c) having reason to believe that a man is a deserter, harbours such deserter or aid him in concealing himself or assists in his rescue from lawful custody, commits an offence and on conviction shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both. (2) A person who directly or indirectly instigates, commands, counsels, or solicits a mutiny, sedition or disobedience to a lawful command of a prison officer to any other prison officer or maliciously endeavours to seduce any prison officer from his allegiance or duty commits an offence and on conviction shall be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding five years or to both. (3) A prison officer who- (a) takes part in a mutiny involving the use of violence or the threat of violence; or (b) incites any other prison officer or a member of the Tanzania People’s Defence Forces or the National Service or the Police Force to take part in a mutiny, whether actual or intended, commits an offence and on conviction shall be liable on by a Special Tribunal to suffer death or to imprisonment for life or for any lesser period. (4) A prison officer who, in a case not falling within subsection (3), takes part in a mutiny or incites a person as is referred to in paragraph (b) of subsection (3) to take part in a mutiny, whether actual or intended, commits an offence and on conviction shall be liable by a Special Tribunal to imprisonment for life or any lesser period. (5) In this section- 46 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] “mutiny” means a combination between two or more members of the Service acting independently or in league with members of the Tanzania People’s Defence Forces or the National Service or the Police Force or between persons at least two of whom are members of the Service or such other Service or Force, to overthrow or resist lawful authority in any such Service or Force or disobey such authority in circumstances as to make the disobedience subversive of discipline. Desertion - 89 Verify source ↗
Desertion
A prison officer who leaves the Service or withdraws from duty outside the law, or who deserts, commits an offence.
89. A prison officer who- (a) leaves the Service or withdraws himself from duty otherwise than in accordance with the provisions of a written law governing retirement from Service or withdrawal from duty; or (b) is a deserter, commits an offence and on conviction shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding twelve months or to both. - 90 Verify source ↗
Penalty for receiving or demanding money or other consideration
A prisoner may not offer or give money or other consideration to a prison officer or other prison service employee, and such officers or employees commit an offence if they receive or demand it.
90. Money or other consideration shall not on a pretext be offered, paid, given or proposed by or on behalf of a prisoner, either on or during his entrance into, committal to or continuance in or discharge from a prison, to a prison officer or other person employed in the Service and a prison officer or other person employed in the Service receiving or demanding a money or other consideration or undertaking any service in consideration of receiving or the promise of receiving a money or other consideration, commits an offence and on conviction shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both. Penalty for receiving or demanding money or other consideration from prisoner Act No. 13 of 1991 Sch. 47 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT Penalty for selling or supplying articles to prisoners Act No. 13 of 1991 Sch [CAP. 58 R.E. 2023] - 91 Verify source ↗
Penalty for selling or supplying articles to prisoners
Prison officers, and people acting for or employed by them, must not sell or supply articles for prisoners or the Prisons Department, take benefits from those sales, or have prohibited financial or communication dealings tied to prisoners or prison supplies.
91.–(1) A prison officer and a person acting for or employed by a prison officer shall not- (a) sell or supply, or receive directly or indirectly any benefit advantage from the sale or supply of an article to or for the use of a prisoner or for the use of the Prisons Department; or (b) directly or indirectly have an interest in a contract or agreement for the sale or supply for any such article referred under paragraph (a). (2) A prison officer shall not directly or indirectly- (a) have any pecuniary interest in the purchase of a supplies for the use of the Prisons Department or receive a discount, gift or other consideration from a contractor for or seller of such supplies; (b) have a pecuniary dealing with a prisoner; or (c) on behalf of a prisoner, hold an unauthorised communication with any person. (3) A prison officer who contravenes any provisions of this section commits an offence and on conviction shall be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both. Penalty for issuing unauthorised testimonial Act No. 13 of 1991 Sch. - 92 Verify source ↗
Penalty for issuing unauthorised testimonial
A prison officer must not, without the Commissioner’s permission, give a certificate or testimonial about a prisoner’s conduct in prison or otherwise.
92. A prison officer who, without the permission of the Commissioner, gives a certificate or testimonial to or in respect of a prisoner as regard his conduct in prison or otherwise commits an offence and on conviction shall be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding one year or to both. Penalty for giving unauthorised information Act No. 13 of 1991 Sch. - 93 Verify source ↗
Penalty for giving unauthorised information
A prison officer must not give certain prison-related information to the press or anyone else without the Commissioner’s permission.
93. A prison officer who, without the permission of the Commissioner, gives to the press or other person an information concerning a prison or a prisoner or an information deriving from an official source connected with or related to the Service commits an offence and on conviction shall be liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding one year or to both. 48 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT General penalty Act No. 13 of 1991 Sch. [CAP. 58 R.E. 2023] - 94 Verify source ↗
General penalty
A person who commits an offence under the Act, or breaches its regulations, may be fined up to 2,000 shillings, jailed up to 6 months, or both, if no specific penalty is provided.
94.–(1) There may be annexed to the breach of a regulation made under this Act such penalty not exceeding two thousand shillings or such term of imprisonment not exceeding six months or to both, as the Minister may think fit. (2) A person who commits any offence under this Act or contravenes or fails to comply with the provisions of any regulations made thereunder shall, where a penalty is not specifically provided, on conviction be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both. Power to prosecute under other laws not affected - 95 Verify source ↗
Power to prosecute under other laws not affected
This section says the Act does not stop a prisoner, prison officer, or other person from being prosecuted and punished under other written law, and a person cannot be tried twice for the same offence.
95. For the avoidance of doubt, it is hereby declared that, this Act shall not exempt a prisoner or prison officer or other person from being prosecuted and punished under any other written law for any offence made punishable by this Act: Provided that, a person shall not be tried twice for the same offence. Power to arrest - 96 Verify source ↗
Power to arrest
A prison officer may arrest a person who commits a specified offence in the officer’s presence and gives a false name or residence, or refuses to state it, and must hand the person to a police officer without undue delay.
96. When a person, in the presence of a prison officer, commits an offence specified in this part and refuses on demand by such prison officer to state his name and residence or gives a name or residence which the prison officer knows or has reason to believe to be false, the prison officer may arrest him and without undue delay hand him over to a police officer and thereupon the police officer shall proceed as if the offence had been committed in his presence. Publication of penalties - 97 Verify source ↗
Publication of penalties
The officer-in-charge must post a notice outside the prison in Kiswahili and English listing the acts prohibited in sections 82 to 87 and 91 and the penalties for committing them.
97. The officer-in-charge shall cause to be affixed in a conspicuous place outside the prison a notice in Kiswahili and English setting forth the acts prohibited under sections 82 to 87 and section 91 of this Act and the penalties incurred by their commission. 49 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Provisions of this Act as to treatment and conduct of prisoners to be made available to prisoners Evidence of age Limitation of actions PART XV MISCELLANEOUS PROVISIONS
Part
PART XV
- 98 Verify source ↗
Provisions of this Act as to treatment and conduct of prisoners to be made
The officer-in-charge must tell every prisoner, immediately on admission, about the rules in subsection (1).
98.–(1) The provisions of this Act and of the regulations made thereunder in so far as they relate to the treatment and conduct of prisoners shall be made available to a prisoner at his request. (2) The officer-in-charge shall advise every prisoner immediately on admission to prison of the provisions of subsection (1). (3) Where a prisoner requesting information on the provisions referred to in subsection (1) and is unable to read or understand the language in which those provisions have been made, the contents of the provisions shall be explained to him. - 99 Verify source ↗
Evidence of age
If a person's age is disputed, their prison detention is not treated as unlawful if, when the detention order was made, they appeared to be within the Act's age limits.
99. Whenever under this Act, the age of any person is in question, his detention in a prison, whether he is under or over the age prescribed by this Act, shall not be deemed to have been unlawful where, when the detention order was made, he appeared within the limits of the age prescribed by this Act. - 100 Verify source ↗
Limitation of actions
A civil action under this Act must be started within six months, or within six months of a prisoner’s release, and in any event within one year of the act or omission complained of. Written notice of the claim must be given to the defendant at least one month before the action starts.
100.–(1) Notwithstanding the provisions of other written law, a civil action against the Government or any person for anything done or omitted in pursuance of any provisions of this Act shall not be commenced after the expiration of six months immediately succeeding the act or omission complained of, or in the case of a prisoner, after the expiration of six months immediately succeeding the date of his release from prison, but in no case shall any action be commenced after the expiration of one year from date of the act or omission complained of. (2) Notice in writing of every action, referred to in subsection (1) stating the cause and the details of the claim, shall be given to the defendant at least one month before the commencement of the action. 50 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Appointment and powers of visiting justices - 101 Verify source ↗
Appointment and powers of visiting justices
This section lets certain officials appoint or serve as visiting justices for prisons, gives visiting justices access and reporting powers, and limits women visiting justices from entering male prisoner areas unless escorted by a male prison officer.
101.–(1) A Regional Commissioner may, with the approval of the Minister, appoint by notice in the Gazette, fit and proper persons to be visiting justices for his region. (2) Minister and Judge of the High Court shall be an ex officio visiting justice of all prisons in Mainland Tanzania. (3) Regional Commissioner shall be an ex officio visiting justice of all prisons in his region. (4) Member of the National Assembly shall be an ex officio visiting justice of all prisons in their respective constituencies. (5) District Commissioner, magistrate and justices of the peace shall be an ex officio visiting justices of all prisons within their respective areas of jurisdiction. (6) A visiting justice may at any time visit a prison in respect of which he is a visiting justice: Provided that, a woman visiting justice shall not visit that part of a prison set aside for the detention of male prisoners unless she is escorted at all time by a male prison officer. (7) A visiting justice to a prison may appoint a chairman and may act as a board of visiting justice and may, at the end of each year or at other convenient time, render a report to the Commissioner on the state of the prison to which they are visiting justices. (8) On the completion of each visit every visiting justice may enter in a book to be kept for such purpose remarks, suggestion or recommendations as he may deem appropriate and the officer-in-charge shall advise the Commissioner of all observations so entered.
Part
part of a prison set aside for the detention of male prisoners
- 102 Verify source ↗
Disposal of deceased’s estate
The Commissioner must keep records for every prison officer and prisoner and record who should receive money or property if they die without a valid will.
102.–(1) The Commissioner shall cause to be kept a personal record of every prison officer and every prisoner, and shall cause to be recorded therein the name or names of the person or persons to whom in the event of the prison officer or prisoner dying without having made a valid will, any money or other personal property should be paid or delivered. (2) In the event of a prison officer dying while in the Service or a prisoner dying while in custody, a report of the death and 51 Disposal of deceased’s estate ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] any part of the money or property shall be made to the District Commissioner of the district in which that person resides and the District Commissioner shall cause to be paid or delivered that money or property to the person or persons nominated by the prison officer or prisoner under subsection (1): Provided that, in a case where the Commissioner considers that the money and other personal property could be handled more conveniently by the Administrator-General, he shall deliver the money and property to the Administrator-General, who shall likewise cause that money or property to be paid or delivered to the person or persons nominated by the prison officer or prisoner under subsection (1). (3) A person having in his charge or control a pay, gratuity, allowance or other monies or personal property belonging to a prison officer or prisoner who dies while in the Service or in custody, shall pay or deliver the same to the District Commissioner or to the Administrator-General, who shall dispose of the same in accordance with the provisions of subsection (2). (4) In all cases where the monies or other personal property of the deceased or a part thereof shall have been paid or delivered to a person under the provisions of this section, a creditor of the deceased shall have the same rights and remedies against that person as if that person had received the same as the legal personal representative of the deceased. - 103 Verify source ↗
Rewards for apprehension of escaped prisoners
The Commissioner may offer rewards for information or assistance leading to the capture of an escaped prisoner, and must pay a person’s expenses if they qualify; rewards to prison or police officers are barred unless exceptional circumstances justify payment.
103.–(1) The Commissioner may offer monetary rewards to persons who give information leading to the apprehension of a prisoner who has escaped from custody. (2) A person who gives information or who leading to the apprehension of a prisoner apprehends, secures and hands over or causes to be handed over to a prison officer or police officer any such prisoner, and has incurred any expense in connection with the giving of the information or the apprehension, shall be paid such expenses and may, in addition, be paid a sum of money as a reward as the Commissioner may determine. 52 Rewards for apprehension of escaped prisoners ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] Prison Officers Rewards and Fines Fund Cap. 298 (3) A payment of any sum as a reward shall not be made under the authority of this section to any prison officer or police officer, unless, in the opinion of the Commissioner, exceptional circumstances exist as to justify payment being made. - 104 Verify source ↗
Prison Officers Rewards and Fines Fund
Fines for discipline offences must be paid into the Prison Officers Rewards and Fines Fund, and payments out of the fund need the Commissioner’s authority.
104.–(1) All fines imposed under the provisions of the Public Service Act or any regulations made or deemed to have been made under this Act for an offence against discipline shall be paid to the Treasury to be placed to the credit of a fund to be called the Prison Officers Rewards and Fines Fund. (2) A payment shall not be made from the Prison Officers Rewards and Fines Fund except upon the authority of the Commissioner. (3) The Commissioner may sanction payments from the Prison Officers Rewards and Fines Fund for any of the following purposes: (a) assistance to the wives or families of deceased subordinate prison officers and subordinate prison officers discharged from the Service as medically unfit for further service; (b) contributions towards prizes to be given at athletic meetings, assaults-at-arms and similar events organised by or for the benefit of the Service; (c) payments to subordinate prison officers as rewards for meritorious acts or service in the execution of duty; (d) expenditure for the benefit and advancement of authorised recreation and sport and other branches of activity organised within the Service; and (e) expenditure for the benefit and development of the Service as a whole. Powers of Minister to make regulations - 105 Verify source ↗
Powers of Minister to make regulations
The Minister may make regulations to carry out this Act, including detailed rules for prison administration and prisoner management.
105.–(1) The Minister may make regulations for the better carrying into effect the provisions and purposes of this Act and without prejudice to the generality of the foregoing, may make regulations providing for- 53 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (a) the duties, powers and responsibilities of prison officers including the duties, powers and responsibilities of particular classes of such officers; (b) the duties, powers and responsibilities of temporary prisoners officers; (c) the rates of remuneration or allowances which may be payable to ministers of religion appointed under the provision of section 45; (d) the duties of medical officers, the records and books to be kept by medical officers, the medical inspection of prisons and prisoners, the prevention of contagious diseases in prisons, and the preservation of the health of prisoners; (e) the duties and powers of visiting justices, the appointment of prison visitors and the regulation of visits to prisoners; (f) the measuring, photographing and taking of fingerprint impressions or other records of prisoners confined in any prison or otherwise detained in custody including detailed personal statistics and histories and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories, and the persons, if any, to whom such measurements, photographs, fingerprint impressions or other records are to be sent or supplied; (g) the execution of condemned prisoners; (h) the disposal of products of prison labour; (i) the disposal by sale or otherwise of the effects of any prisoner who has died, escaped or failed to claim or receive such effects or the private effects of a prison officer who has died or deserted the Service; (j) the searching of prisoners and prison officers and other persons; (k) the classification of prisons and prisoners into categories and their seperation accordingly; 54 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (l) the custody, correction, clothing, documentation, labour, use of discharge, employment, hours of force, technical, spiritual, maintenance, mechanical restraint, management, organisation, privileges, solitary confinement and treatment of prisoners; instruction, academic, (m) the management and organisation, housing, maintenance, employment, treatment and discharge of persons released to extra-mural penal employment under the provisions of section 73; (n) the days and hours during which work or labour by prisoners may be suspended; (o) the acts or omissions of prisoners which shall be deemed to be prison offence and the penalties which may be awarded; (p) the provisions of a suitable diet and dietary scales including punishment diets for prisoners and prescribing conditions under which diet and scales may be varied, the prohibition of drugs, tobacco and alcoholic drinks; (q) the payment to prisoners for work done while in prison; (r) the removal to and detention in a mental hospital of prisoners suspected to be of unsound mind; (s) the treatment of prisoners under sentence of death; (t) the disposal of bodies of prisoners who have died; (u) the establishment of prisoners aid societies and associations in connection with discharged prisoners and the appointment of officers responsible for the after-care of prisoners; (v) the subsidising and encouragement of institutions, societies and individuals approved by the Minister as furthering the objects of this Act; (w) the payment of ex gratia payments to prisoners whose earning capacity is affected as the result of an accident or injury received in prison; (x) the accommodation of prisoners, including cell and ward equipment and barbering; 55 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE PRISONS ACT [CAP. 58 R.E. 2023] (y) the award of gratuities to prisoners, the appointment, privileges and duties of convict leaders; (z) the application and infliction of corporal punishment; (aa) the manner in which regulations shall be applied; (bb) the control of uniform, accoutrement, arms and other security measures; (cc) the granting of leave of absence to prisoners and matters relating to welfare of prisoners; (dd) anything which by this Act may or is to be prescribed generally for the effective administration of this Act, for the good management, discipline and governance of prisons and the prisoners therein whether in, about or beyond the limit of such prisons. (2) Notwithstanding anything to the contrary in this section the Minister may make different regulations in respect of different classes or groups of prisons, prisoners or prison officers or in respect of particular prisons. Repeal Ord. No. 24 of 1933 Omitted - 107 Verify source ↗
Omitted
This provision is omitted and contains no operative rule in the provided text.
107. [Omitted]. 56 ©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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