The Penal Code — Part 1 | The Penal Code — Tanzania law | Esheria

The Penal Code

Part 1 of 2 · provisions 1–200

This section says the Act may be cited as the Penal Code and called “this Code.”

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Tanzania
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The Penal Code
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en
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This section says the Act may be cited as the Penal Code and called “this Code.” This section disapplies the Indian Penal Code and preserves certain laws. This section says the Code does not limit certain criminal liability, court contempt powers, or the President’s pardon/remission powers, and it prevents a person from being punished twice for the same offence under both this Code and another relevant law. The Code must be interpreted using ordinary principles of construction for written law, subject to the Interpretation of Laws Act and any expressions specifically defined in the Code. This section defines many terms used in the Code, including court, dwelling house, harm, offence, possession, public place, and related expressions.

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Provisions of The Penal Code

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  1. 1

    Short title

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    This section says the Act may be cited as the Penal Code and called “this Code.”

    1. This Act may be cited as the Penal Code, and hereinafter is referred to as “this Code”. Disapplication
  2. 2

    Disapplication

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    This section disapplies the Indian Penal Code and preserves certain laws.

    2. Disapplication of Indian Penal Code. Saving of certain laws Ord.No. 49 of 1955 s. 2; R.L. Cap. 500 s. 36 Cap. 4 s.8
  3. 3

    Saving of certain laws

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    This section says the Code does not limit certain criminal liability, court contempt powers, or the President’s pardon/remission powers, and it prevents a person from being punished twice for the same offence under both this Code and another relevant law.

    3.-(1) Nothing in this Code shall affect- (a) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Mainland Tanzania other than this Code; (b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in Mainland Tanzania relating to the jurisdiction of the courts in respect of acts done beyond the ordinary jurisdiction of those courts; (c) the power of any court to punish a person for contempt of court; or (d) any power of the President to grant a pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed. (2) Where a person commits an offence which is punishable under this Code and is also punishable under another law of any of the kinds mentioned in this section, he shall not be punished for that offence both under that law and also under this Code. 21 The Penal Code [CAP. 16 R.E. 2019] General rule of construction Cap. 1 Act No. 14 of 1980 s. 3 Interpretation R.L CAP. 500 ss.8 and 36; R.L.Cap. 537 6th Sch.; R.L.Cap.553 2nd Sch.’ Act Nos: 2 of 1965 Sch; 24 of 1966 2ndSch.; 50 of 1968 1stSch.; 14 of 1980 s.4 CHAPTER II INTERPRETATION

Part

CHAPTER II

  1. 4

    General rule of construction

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    The Code must be interpreted using ordinary principles of construction for written law, subject to the Interpretation of Laws Act and any expressions specifically defined in the Code.

    4. Subject to the provisions of the Interpretation of Laws Act and the expressions specifically defined in this Code, the Code shall be construed according to the principles of construction which may be applied to any written law, with regard to Tanzanian conditions and without applying to penal any principle of strict construction relating legislation.
  2. 5

    Interpretation

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    This section defines many terms used in the Code, including court, dwelling house, harm, offence, possession, public place, and related expressions.

    5. In this Code, unless the context requires otherwise- “court” means a court of competent jurisdiction; “dwelling house” includes any building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling house is deemed to be part of the dwelling house if there is communication between that building or structure and the dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise; “harm” means any bodily hurt, disease or disorder whether permanent or temporary; “dangerous harm” means harm endangering life; “grievous harm” means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to any to permanent disfigurement, or permanent or serious injury to any external or internal organ, member or sense; “judicial proceeding” includes any proceeding had or taken in or before court, tribunal, commission or person in which or before whom evidence may be taken on oath; “knowingly” used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used; “local government authority” means a local government authority established by law; 22 The Penal Code [CAP. 16 R.E. 2019] “maim” means the destruction or permanent disabling of any external or internal organ, member or sense; “money” includes bank notes, currency notes, bank drafts, cheques and other orders, warrants or requests for the payment of money; “night” or “night-time” means the period between seven o’clock in the evening and six o’clock in the morning; “offence” means an act, attempt or omission punishable by law; “person” and “owner” and other like terms when used with reference to property include corporations of all kinds and any other association of persons capable of owning property, and also when so used the Government; include “person employed in the public service” means any person holding any of the following offices or performing the duty thereof, whether as a deputy or not, namely- (a) any public office of the President, and any office the power of appointing a person to which or of removing from which is vested in the President or in a commission or board to which the President has delegated his function of, or which is established by written law for the purpose of, making appointments to any office; (b) any office to which a person is appointed or nominated under any law; (c) any public office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in paragraph (a) or (b); or (d) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any law; and also means- (i) a justice of the peace; (ii) a member of a commission of inquiry appointed under or in pursuance of any law; (iii)any person employed to execute any 23 The Penal Code [CAP. 16 R.E. 2019] process of a court; (iv) a member of the Regular Force of the Defence Forces, a member of the National Service, and any other member of the Defence Forces when on duty; (v) a person in the employment of any government department; in respect of (vi) a person acting as a minister of religion of whatsoever denomination in so far as he performs functions the notification of intended marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect. (vii) a member of a local government authority (viii) a municipal councilor; (ix) a person in the employment of a local government authority; Caps 257, 212 (x) any person employed by or in the service of any public corporation established under the Public Corporations Act or a corporation established by or under any written law other than the Companies Act or a company incorporated under the Companies Act which is wholly owned by the Government or which is a subsidiary of any public corporation; “possession” “be in possession of” or “have in possession” includes- (a) not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to, or occupied by oneself or not) for the use or benefit of oneself or of any other person; (b) if there are two or more persons and any one or more of them with the knowledge and consent of 24 The Penal Code [CAP. 16 R.E. 2019] the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them; “property” includes everything animate or inanimate capable of being the subject of ownership; “public” refers not only to all persons within Mainland Tanzania but also to the persons inhabiting or using any particular place, or any number of those persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used; “public way” includes any highway, market place, square, street, bridge or other way which is lawfully used by the public; “public place” or “public premises” includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings, or assembly or as an open court “ publicly” when applied to an act means either- (a) that it is so done in any public place as to be seen by any person whether such person is in a public place; or (b) that it is so done in any place not being a public place as to be likely to be seen by any person in a public place; “utter” includes using or dealing with and attempting to use or deal with and attempting any person to use, deal with or act upon the thing in question; “valuable security” includes any document which is the property of any person and which is evidence of the ownership of any property or of the right to recover or receive any property; “vessel” includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland 25 The Penal Code [CAP. 16 R.E. 2019] waters, and includes aircraft; “wound” means any incision or puncture which divides or pierces any exterior membrane of the body; and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane. CHAPTER III TERRITORIAL APPLICATION OF THIS CODE Extent of jurisdiction of local courts Act No. 11 of 2010 s. 18 Cap. 4 s.8 Offences committed partly within and partly beyond the jurisdiction

Part

CHAPTER III

  1. 6

    Extent of jurisdiction of local courts

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    The Courts of Tanzania have jurisdiction for this Code over territorial waters, certain offences by Tanzanian citizens outside Tanzania, offences on Tanzania-registered aircraft, and offences on the high seas.

    6.-(1) The jurisdiction of the Courts of Tanzania for the purposes of this Code extends to- (a) every place within the territorial waters; (b) any offence committed by a citizen of Tanzania in any place outside Tanzania; (c) any offence committed by any person on an aircraft registered in Tanzania; and (d) offences committed by any person on the high seas. (2) For the purposes of this section the term "high seas" means the open seas of the world outside the jurisdiction of any state. is done partly within and partly beyond
  2. 7

    Offences committed partly within and partly beyond

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    A person who does part of an offence within the court’s jurisdiction can be tried and punished under the Code as if the whole act had happened there.

    7. When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, the jurisdiction, every person who within the jurisdiction does any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction. CHAPTER IV GENERAL RULES AS TO CRIMINAL RESPONSIBILITY Ignorance of law

Part

CHAPTER IV

  1. 8

    Ignorance of law

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    Ignorance of the law is not a defence to an offence, unless the offence specifically requires knowledge of the law.

    8. Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence. 26 The Penal Code [CAP. 16 R.E. 2019] Bona fide claim of right Relevance of intention or motive Mistake of fact
  2. 9

    Bona fide claim of right

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    A person is not criminally responsible for a property offence if the act or omission was done under an honest claim of right and without intent to defraud.

    9. A person is not criminally responsible in respect of an offence relating to property if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.
  3. 10

    Relevance of intention or motive

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    This section says a person is not criminally responsible for acts or omissions done without will, or for accidental events, subject to the Code’s negligent-act rules.

    10.-(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will or for an event which occurs by accident. (2) Unless the intention to cause a particular result is the offence to be an element of expressly declared constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial. (3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.
  4. 11

    Mistake of fact

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    A person who acts or fails to act under an honest and reasonable mistaken belief about the facts is not criminally responsible to a greater extent than if the facts were as believed.

    11.-(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. (2) The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject. Presumption of sanity
  5. 12

    Presumption of sanity

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    Everyone is presumed to be of sound mind unless the contrary is proved.

    12. Every person is presumed to be of sound mind and to have been of sound mind at any time which comes in question until the contrary is proved. Insanity Act No. 31 of 1997 Sch.
  6. 13

    Insanity

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    A person is not criminally responsible if, because of a disease affecting the mind, they cannot understand, appreciate, or control the act or omission.

    13.-(1) A person shall not be criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind- (a) incapable of understanding what he is doing; (b) incapable of appreciating that he ought not to do the act or omission; or 27 The Penal Code [CAP. 16 R.E. 2019] Intoxication Cap. 20 (c) does not have control of the act or omission. (2) A person may be criminally responsible for an act or omission although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects referred to in subsection (1) to that act or omission.
  7. 14

    Intoxication

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    Intoxication is generally not a defence to a criminal charge, except in the situations described in this section.

    14.-(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge. (2) Intoxication shall be a defence to a criminal charge if by reason thereof the person charged at the time of the act or omission complained of he did not understand what he was doing and- (a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or (b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission. (3) Where the defence under subsection (2) is established, then in a case falling under paragraph (a) of that subsection the accused shall be discharged and in a case falling under paragraph (b) of that subsection the provisions of this Code and of the Criminal Procedure Act relating to insanity shall apply. (4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence. (5) For the purpose of this section “intoxication” shall be deemed to include a state produced by narcotics or drugs. Immature age Acts Nos. 4 of 1998 s. 4 21 of 2009 s.174
  8. 15

    Immature age

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    Children under 10 are not criminally responsible. Children under 12 are also not criminally responsible unless it is proved they knew they ought not to do the act or omission.

    15.-(1) A person under the age of ten years is not criminally responsible for any act or omission. (2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is 28 The Penal Code [CAP. 16 R.E. 2019] Cap.13 General immunity for officers Act No. 2 of 1970 Compulsion Act No. 21 of 2009 s.175 Defence of person or property Act No. 14 of 1980 s. 6 The right of defence Act No. 14 of 1980 s. 7 proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. (3) A male person under the age of twelve years is presumed to be incapable of having sexual intercourse. (4) Any person under the age of twelve years who commits an act or omission which is unlawful shall be dealt with under the Law of the Child Act.
  9. 16

    General immunity for officers

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    A judicial officer is protected from criminal liability for acts or omissions done bona fide in the exercise of judicial functions, unless this Code expressly provides otherwise.

    16. Save as is expressly provided by this Code, no act or thing done or omitted to be done by a judicial officer shall, if the act or omission was done or omitted bona fide in the exercise of his judicial function, render the judicial officer criminally liable for the act or omission.
  10. 17

    Compulsion

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    A person is not criminally responsible for an offence in limited compulsion cases involving two or more offenders and threats of immediate death or grievous bodily harm.

    17. A person is not criminally responsible for an offence if it is committed by two or more offenders and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence, unless the offender is a child.
  11. 18

    Defence of person or property

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    A person is not criminally liable for acts done in self-defence, defence of another, or defence of property, subject to section 18A and the rest of the Code.

    18. Subject to the provisions of section 18A, a person is not criminally liable for an act done in the exercise of the right of self defence or the defence of another or the defence of property in accordance with the provisions of this Code.
  12. 18A

    The right of defence

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    Every person has the right, subject to this Code, to defend themselves or others and to defend certain property against unlawful attack, seizure, destruction, or violence.

    18A.-(1) Subject to the provisions of this Code every person has the right- (a) to defend himself or any other person against any unlawful act or assault or violence to the body; or (b) to defend his own property or any property in his lawful possession, custody or under his care or the property of any other person against any unlawful act of seizure or destruction or violence. 29 The Penal Code [CAP. 16 R.E. 2019] Cap. 287 Use of force in defence Act No. 14 of 1980 s. 7 When right of defence extends to causing death Act. No. 14 of 1980 s. 7 Cap. 4 s.8 (2) In this section, the expression “property of any other person” includes any property belonging to the Government or a public corporation or an employer or any property communally owned by members of the public as a co-operative society or a village, whether or not that village is (District Authorities) Act. the Local Government registered under
  13. 18B

    Use of force in defence

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    A person may use only reasonable force that is necessary for self-defence, defence of another, or defence of property.

    18B.-(1) In exercising the right of self defence or in defence of another or in defence of property, a person shall be entitled to use only such reasonable force as may be necessary for that defence. (2) A person shall be criminally liable for any offence, resulting from excessive force used in self defence or in defence of another or in defence of property. (3) Any person who causes the death of another as the result of excessive force used in defence, shall be guilty of manslaughter.
  14. 18C

    When right of defence extends to causing death

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    A person defending self, another person, or property may still be covered if death or grievous harm results, as long as the person acts in good faith and reasonably believes the act is necessary.

    18C.-(1) The right of self defence or the defence of another or defence of property shall extend to a person who, in exercising that right, causes death or grievous harm to another and the person so acting, acts in good faith and with an honest belief based on reasonable grounds that his act is necessary for the preservation of his own life or limb or the life or limb of another or of property, in the circumstances where- (a) the lawful act is of such a nature as may reasonably cause the apprehension that his own death or the death of another person could be the consequence of that act;. (b) the lawful act is of such a nature as may reasonably cause the apprehension that grievous harm to his own body or the body of another could be the consequence of that unlawful act; (c) the unlawful act intention of is with committing rape or defilement or an unnatural offence; the 30 The Penal Code [CAP. 16 R.E. 2019] (d) the unlawful act is with the intention of kidnapping or abducting; or (e) the unlawful act is burglary or robbery or arson or any offence which endangers life or property. (2) Where in the exercise of a right of defence in accordance with this Code, the person exercising that right is in such a situation that he cannot effectively exercise that right without risk of harm to an innocent person or property, his right of defence extends to the running of that risk.
  15. 19

    Use of force in effecting arrest

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    If someone is charged over force used during an arrest or attempted arrest, the court must consider the seriousness of the offence and the circumstances when deciding whether the force was necessary or reasonable.

    19. Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary or the degree of force used was reasonable for the apprehension of such person, have regard to the gravity of the offence which had been, or was being, committed by that person and the circumstances in which such offence had been, or was being, committed by that person.
  16. 20

    Compulsion by husband

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    A married woman is not excused from criminal responsibility just because the act happened in her husband’s presence; for a charge against a wife (except treason or murder), she may rely on coercion by her husband as a defence.

    20. A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence and under the coercion of the husband.
  17. 21

    Person not to be punished twice for same offence

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    A person must not be punished twice for the same offence, whether under this Code or any other law.

    21. A person shall not be punished twice, either under the provisions of this Code or under the provisions of any other law, for the same offence. CHAPTER V PARTIES TO OFFENCES

Part

CHAPTER V

  1. 22

    Principal offenders

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    People who commit, aid, abet, counsel, or procure an offence are treated as principal offenders and can be charged as if they committed it themselves.

    22.-(1) When an offence is committed, each of the in is deemed taken part to have following persons 31 Use of force in effecting arrest Compulsion by husband Person not to be punished twice for same offence Ord. No. 49 of 1955 s. 3 Principal offenders The Penal Code [CAP. 16 R.E. 2019] committing the offence and to be guilty of the offence, and may be charged with actually committing namely- (a) every person who actually does the act or makes the omission which constitutes the offence; (b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; (c) every person who aids or abets another person in committing the offence; (d) any person who counsels or procures any other person to commit the offence, in which case he may be charged either with committing the offence or with counseling or procuring its commission. (2) A conviction of counseling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. (3) A person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself done the act or the omission.
  2. 23

    Offences committed by joint offenders in prosecution

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    If two or more people act together with a common unlawful purpose and an offence results as a probable consequence, each is treated as having committed that offence.

    23. When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.
  3. 24

    Counselling another to commit an offence

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    If a person counsels someone to commit an offence, and that offence is later committed, the counsellor is treated as having counseled the offence actually committed.

    24. When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying 32 Offences committed by joint offenders in prosecution of common purpose Counseling another to commit an offence The Penal Code [CAP. 16 R.E. 2019] out the counsel and in either case the person who gave the counsel is deemed to have counseled the other person to commit the offence actually committed by him. CHAPTER VI PUNISHMENTS Kinds of punishments court-

Part

CHAPTER VI

  1. 25

    Kinds of punishments

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    This section lists punishments that may be imposed by a sentence of death, including death, imprisonment, corporal punishment, fines, forfeiture, compensation, security to keep the peace or appear for judgment, and any other punishment allowed by the Code or other law.

    25. The following punishments may be inflicted by a Sentence of death Acts Nos. 55 of 1963 6th Sch.; 31 of 1997 Sch.; 9 of 2002 Sch. (a) death; (b) imprisonment; (c) corporal punishment; (d) fine; (e) forfeiture; (f) payment of compensation; (g) finding security to keep the peace and be of good behavior or to come up for judgment;. (h) any other punishment provided by this Code or by any other law.
  2. 26

    Sentence of death

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    A death sentence must be by hanging, but a pregnant woman convicted of a capital offence is to receive life imprisonment instead, and no death sentence may be pronounced or recorded against a person who was under 18 at the time of the offence.

    26.-(1) When a person is sentenced to death, the sentence shall direct that he shall suffer death by hanging: Provided that, if a woman convicted of an offence punishable with death is alleged to be pregnant, the court shall inquire into the fact and, if it is proved to the satisfaction of the court that she is pregnant the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death. (2) The sentence, of death shall not be pronounced on or recorded against any person who at the time of the commission of the offence was under eighteen years of age, but in, lieu of the sentence of death, the court shall sentence that person to be detained during the President’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister for the time being responsible for legal affair may direct, and whilst so detained shall be deemed to be in legal custody. (3) When a person has been sentenced to be detained during the President’s pleasure under subsection (2), the 33 The Penal Code [CAP. 16 R.E. 2019] presiding judge shall forward to the Minister for the time being responsible for legal affairs a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing such recommendation or observation on the case as he may think fit to make. (4) The superintendent of a prison or other place in which a person under the age of eighteen years is detained by a direction of the Minister under subsection (2), shall make a report in writing to the Minister of the condition, history and character of such person at the expiration of a period of ten years from the period of the Minister’s direction. (5) Upon receipt and consideration of the report under subsection (4), the Minister may order that a person under the age of eighteen years be discharged or otherwise dealt with on such conditions as to his remaining under the supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the said person and the public as the Minister shall think fit. Imprisonment
  3. 27

    Imprisonment

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    A court may sentence a person to pay a fine, either instead of or in addition to imprisonment, or to community service under a community service order if the court so determines.

    27.-(1) Omitted by virtue of s. 3 of Cap. 357. Cap. 291 to liable (2) A person imprisonment may be sentenced to pay a fine in addition to, or instead of, imprisonment, or where the court so determines under the Community Service Act, to community service under a community service order. Corporal punishment Cap. 90, Caps 17 and 11 6th Sch.
  4. 28

    Corporal punishment

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    If a person is liable to corporal punishment under this Code, any awarded punishment must be carried out under the Corporal Punishment Act, subject to the Minimum Sentences Act.

    28. Subject to the provisions of the Minimum Sentences Act, where in this Code it is provided that any person shall be liable to undergo corporal punishment, such punishment shall, if awarded, be inflicted in accordance with the provisions of the Corporal Punishment Act. Fines Acts Nos. 13 of 1972 Sch. 25 of 2002 Sch. 13 of 2019 s. 66
  5. 29

    Fines

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    If a law imposes a fine but does not spell out fine-related rules, this section sets default sentencing rules for courts.

    29. Where a fine is imposed under any law, in the absence of express provisions relating to the fine in that law the following provisions shall apply- (a) where no sum is expressed to which the fine may extend, the amount of the fine which may be 34 The Penal Code [CAP. 16 R.E. 2019] imposed is unlimited but shall not be excessive; (b) in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court; (c) in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with a fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion- (i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and (ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant: Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so; (d) the term of imprisonment ordered by a court in respect of money adjudged to be paid upon conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale- 35 The Penal Code [CAP. 16 R.E. 2019] Not exceeding Shs. 50,000/ Exceeding Shs. 50,000/= but not exceeding Shs. 100,000/= Exceeding Shs. 100,000/= but not exceeding Shs. 500,000 Exceeding Shs. 500,000/= but not exceeding 1,000,000/= Exceeding shs. 1,000,000/= 14 days 2 months 6 months 12 months 24 months Forfeiture R.L. Cap. 400 s. 15; R.L. Cap. 500 s. 12 Compensation Cap. 20 (e) the imprisonment which is imposed in default of payment of a fine shall terminate when the fine is either paid or levied by process of law.
  6. 30

    Forfeiture

    Verify source ↗

    If a person is convicted under section 111 or 112, the court may order forfeiture to the Republic of property connected to the offence, or an assessed sum if the property cannot be forfeited or found.

    30. When a person is convicted of an offence under section 111 or 112, the court may, in addition to or in lieu of, any penalty which may be imposed, order the forfeiture to the Republic of any property which has passed in connection with the commission of the offence, or if the property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property and payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine.
  7. 31

    Compensation

    Verify source ↗

    A person convicted of an offence may be ordered to pay compensation to the person harmed by the offence.

    31. In accordance with the provisions of section 348 of the Criminal Procedure Act, any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence and the compensation may be either in addition to or in substitution for any other punishment. Costs Cap.20
  8. 32

    Costs

    Verify source ↗

    A court may order a person convicted of an offence to pay prosecution costs, subject to section 345 of the Criminal Procedure Act.

    32. Subject to the limitations imposed by section 345 of the Criminal Procedure Act, a court may order any person convicted of an offence to pay the costs of and incidental to the whole or part of the prosecution. Security for keeping peace
  9. 33

    Security for keeping the peace

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    A court may order a person convicted of a non-capital offence to enter recognisance, with or without sureties, to keep the peace and behave well; the person may be held in prison until it is entered.

    33. A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own 36 The Penal Code [CAP. 16 R.E. 2019] recognisance, with or without sureties, in such amount as the court thinks fit, requiring him to keep the peace and be of good behavior for a time to be fixed by the court, and may be ordered to be imprisoned until such recognisance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognisance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.
  10. 34

    Repealed

    Verify source ↗

    Section 34 is repealed.

    34. Repealed by Ord. No. 5 of 1961 s. 2.
  11. 35

    General punishment for offences where penalty not prescribed

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    If a Code offence has no expressly stated punishment, the offence may be punished by up to two years’ imprisonment, a fine, or both.

    35. When in this Code no punishment is expressly provided for any offence, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.
  12. 36

    Sentences cumulative unless otherwise ordered

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    A later sentence usually runs after the earlier sentence, unless the court orders them to run together. The court cannot order imprisonment for non-payment of a fine to run concurrently with a former sentence under section 29(c)(i).

    36. Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence any sentence, other than a sentence of death or of corporal punishment which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence unless the court directs that it shall be executed concurrently with the former sentence or any part of that sentence: Provided that, a court shall not direct that a sentence of imprisonment in default of payment of a fine be executed concurrently with a former sentence under section 29(c) (i) or with any part of that a sentence.
  13. 37

    Escaped convict to serve unexpired sentences when recaptured

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    An escaped convict who is sentenced again must first serve the new imprisonment term, and then serve any remaining time from the earlier sentence, depending on whether the new sentence is more severe.

    37. When sentence is passed under this Code on an escaped convict the sentence, if of death, fine or corporal punishment shall, subject to the provisions of this Code, take effect immediately and, if of imprisonment, shall take effect according to the following rules, that is to say- (a) if the new sentence is severer than the sentence which the convict was undergoing when he escaped, the new sentence shall take effect 37 Repealed General punishment for offences where penalty not prescribed Sentences cumulative unless otherwise ordered Escaped convicts to serve unexpired sentences when recaptured The Penal Code [CAP. 16 R.E. 2019] Absolute and conditional discharge Ord. No. 5 of 1961 immediately and he shall serve any period of imprisonment in respect of his former sentence which remained unexpired at the time of his escape after he has completed serving his new sentence; (b) when the new sentence is not severer than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has served imprisonment for a further period equal to that part of his former sentence which remained unexpired at the time of his escape.
  14. 38

    Absolute and conditional discharge

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    A court may discharge a convicted person absolutely or, in limited cases, conditionally for up to 12 months, and must explain the consequence of reoffending before making a conditional discharge.

    38.-(1) Where a court by or before which a person is convicted of an offence is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may make an order discharging him absolutely or, if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified in the order. (2) An order discharging a person subject to the condition referred to in subsection (1) is hereinafter referred to as “an order for conditional discharge” and the period specified in any order as “the period of conditional discharge”. (3) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence. (4) Where an order discharging an offender is made under this section the court may order him to pay any compensation adjudged under section 31 or any costs ordered under section 32 of this Code. Commission of further offence Ord. No. 5 of 1961
  15. 38A

    Commission of further offence

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    If a person on conditional discharge is convicted again during the discharge period, a judge, magistrate, or court may issue process, detain or release the person on bail, and later sentence the person; the discharge order then stops having effect.

    38A.-(1) Where it appears to a judge or a magistrate that a person in respect of whom an order for conditional discharge has been made has been convicted of an offence 38 The Penal Code [CAP. 16 R.E. 2019] s. 3 Cap 4 s.8 Effect of conviction and discharge committed during the period of conditional discharge he may, upon information in writing and on oath, issue a summons requiring that person to appear at the place and time specified therein or may issue a warrant for his arrest. (2) A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the court by which the order for conditional discharge was made. (3) Where a person is in respect to whom an order for conditional discharge has been made is convicted by a magistrate of an offence committed during the period of conditional discharge, the magistrate may commit him to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the order for conditional discharge was made. (4) Where it is proved to the satisfaction of the court by which the order for conditional discharge was made that the person in respect of whom the order was made has been convicted of an offence committed during the period of conditional discharge, the court may pass any sentence upon him which it could pass if he had just been convicted by that court of the original offence. (5) Where a person in respect of whom an order for conditional discharge has been made by a magistrate is convicted by the High Court of an offence committed during the period of conditional discharge, the High Court may pass any sentence upon him which the court made the order for conditional discharge could pass as if he had just been convicted by that court of the original offence. (6) Where under the provisions of this section a person who has been conditionally discharged is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.
  16. 38B

    Effect of conviction and discharge

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    A conviction followed by discharge under section 38 is generally treated as not being a conviction, except for the original proceedings and later section 38A proceedings, and a conditionally discharged person may lose that treatment if later sentenced under section 38A.

    38B.-(1) Subject to the provisions of subsection (2), where a person is convicted of an offence and discharged either absolutely or conditionally under the provisions of section 38, his conviction for that offence shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and 39 The Penal Code [CAP. 16 R.E. 2019] of any subsequent proceedings which may be taken against him under the provisions of section 38A: Provided that, where a person who has been conditionally discharged is subsequently sentenced under section 38A for the offence in respect of which the order for conditional discharge was made, this section shall cease to apply in respect of that offence and he shall be deemed to have been convicted on the date of the sentence. (2) Nothing in this section shall affect- (a) the right of any person who has been convicted and discharged either absolutely or conditionally to appeal against his conviction or to rely thereon in bar of any subsequent proceedings for the same offence; or (b) the revesting or restoration of any property in consequence of the conviction of that person. PART II CRIMES Division I. — Offences against Public Order CHAPTER VII TREASON AND OTHER OFFENCES AGAINST THE REPUBLIC Treason Act No 2 of 1970 Sch.

Part

CHAPTER VII

  1. 39

    Treason

    Verify source ↗
    39.-(1) Any person who, being under allegiance to the United Republic- (a) in the United Republic or elsewhere, murders or attempts to murder the President; or (b) in the United Republic, levies war against the United Republic, shall be guilty of treason and shall be liable on conviction to suffer death. (2) Any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, forms an intention to effect or to cause to be effected, or forms an intention to instigate, persuade, counsel or advise any person or group of person to effect or to cause to be effected, any of the following acts, deeds or purposes, that is to say- 40 The Penal Code [CAP. 16 R.E. 2019] (a) the death, maiming or wounding, or imprisonment or restraint, of the President; the (b) the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Defence Forces of the United Republic; (c) the overthrow by unlawful means, of Government of the United Republic; or the (d) the intimidation of the Executive, the Legislature or the Judiciary of the United Republic, and manifests such intention by publishing any writing or printing or by any overt act or deed whatsoever shall be guilty of treason and shall be liable on conviction to be sentenced to death. (3) Any person who, being under allegiance to the United Republic- (a) adheres to the enemies of the United Republic or gives them aid or comfort, in the United Republic or elsewhere; (b) instigates, whether in the United Republic or elsewhere, any person to invade the united Republic with an armed force; or (c) takes up arms within the United Republic in order, by force of constraint, to compel the Government of the United Republic to change its measures or counsels, or in order to put any force or constraint on, or in order to intimidate or overawe, the Government of the United Republic, shall be guilty of treason and shall be liable on conviction to suffer death. (4)Any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic does any act which is designed or likely to give assistance to such enemy, or to interfere with the maintenance of public order or the Government of the United Republic, or to impede the operation of the Defence Forces or the Police Force, or to endanger life, shall be guilty of treason and shall be liable on conviction to suffer death. 41 The Penal Code [CAP. 16 R.E. 2019] Treasonable offences Act No. 2 of 1970
  2. 40

    Treasonable offences

    Verify source ↗

    A person who is not under allegiance to the United Republic and, in the United Republic or elsewhere, acts with intent to help an enemy in a way that would amount to treason under section 39 is guilty of an offence and may be sentenced to death on conviction.

    40. Any person who, not being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic, would amount to the offence of treason under section 39, shall be guilty of an offence and shall be liable on conviction to be sentenced to death. Misprision of treason
  3. 41

    Misprision of treason

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    A person commits misprision of treason if they help after the fact in treason or a treasonable offence, or if they know treason is planned and do not promptly report it or try reasonably to stop it.

    41.Any person who- (a) becomes an accessory after the fact to treason or to a treasonable offence; or (b) knowing that any person intends to commit treason or treasonable offence does not give information thereof with all reasonable dispatch to an administrative officer or a magistrate or a police officer, or use other reasonable endeavours to prevent the commission of the offence, shall be guilty of the offence termed “misprision of treason” and shall be liable on conviction to imprisonment for life.
  4. 43

    Promoting warlike undertakings

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    A person without lawful authority must not carry on, prepare for, aid, or devise war or a warlike undertaking in the United Republic.

    43. Any person who, without lawful authority, carries on or makes preparation for carrying on, or aids in or devises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in the United Republic, shall be guilty of an offence and shall be liable on conviction to imprisonment for life.
  5. 45

    Inciting to mutiny

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    A person who knowingly tries to persuade certain service members to abandon loyalty, commit mutiny, or form a mutinous assembly commits an offence and may be imprisoned for life.

    45. Any person who advisedly attempts to effect any of the following purposes, that is to say- (a) to seduce any member of the Police Force, the Prisons Service or the National Service from his duty and allegiance to the United Republic; (b) to incite any such person to commit an act of mutiny or any traitorous or mutinous act; or 42 Omitted Promoting warlike undertakings Act. No. 2 of 1970 Replaced Inciting to mutiny R.L Cap. 500 S. 8; Act No. 24 of 1966 2nd Sch. The Penal Code [CAP. 16 R.E. 2019] Aiding soldiers or police officers in acts of mutiny Act No. 24 of 1966 2nd Sch. Inducing soldiers or police officers to desert Act No. 24 of 1966 2nd Sch. Aiding prisoners of war to escape Cap. 500 s. 36 (c) to incite any such person to make or endeavour to make a mutinous assembly, is guilty of an offence and is liable to imprisonment for life.
  6. 46

    Aiding soldiers or police officers in acts of mutiny

    Verify source ↗

    Any person must not help, support, or encourage mutiny, sedition, or disobedience by police, prisons, or national service members.

    46. Any person who- (a) aids, abets, or is accessory to, any act of mutiny by any member of the Police Force, Prisons Service or National Service; or (b) incites any member of the Police Force, Prisons Service or National Service to sedition or to disobedience to any lawful order given by a superior officer is guilty of an offence.
  7. 47

    Inducing soldiers or police officers to desert

    Verify source ↗

    A person must not help, encourage, or hide the desertion of members of the Police Force, Prisons Service, or National Service.

    47. Any person who, by any means whatsoever, directly or indirectly- (a) procures or persuades or attempts to procure or persuade to desert; (b) aids, abets or is accessory to the desertion of; or (c) having reason to believe he is a deserter, harbours or aids in concealing, any member of the Police Force, Prisons Service or National Service, is guilty of an offence and is liable to imprisonment for six months.
  8. 48

    Aiding prisoners of war to escape

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    Any person who helps a prisoner of war who is an enemy of the Republic escape, or who negligently and unlawfully permits that escape, commits an offence. A person convicted under paragraph (a) is liable to life imprisonment.

    48. Any person who- (a) knowingly and advisedly aids an enemy of the Republic who is a prisoner of war, whether the prisoner is confined in a prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Mainland Tanzania, is guilty of an offence, and is liable to imprisonment for life; (b) negligently and unlawfully permits the escape of any person referred to in paragraph (a) is guilty of an offence. 43 The Penal Code [CAP. 16 R.E. 2019] Definition of overt act Repealed Seditious intention Ord. No 18 of 1950 s. 2; R.L. Cap. 455 s. 19; R.L. Cap. 500 s. 36
  9. 49

    Definition of overt act

    Verify source ↗

    For offences in this Chapter, certain acts of conspiring or helping carry out the purpose count as an overt act when overt act is an element of the offence.

    49. In the case of any of the offences set out in this Chapter, when the manifestation by an overt act of the intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose and every act done in furtherance of the purpose by any of the persons conspiring is deemed to be an overt act manifesting the intention.
  10. 50

    54. Repealed

    Verify source ↗

    Sections 50 to 54 were repealed.

    50.–54. Repealed by Act No. 3 of 1976 s. 551
  11. 55

    Seditious intention

    Verify source ↗

    This section defines “seditious intention” and says certain acts, speech, or publications are not seditious if they only make the listed lawful criticisms or seek lawful change.

    55.-(1) A seditious intention is an intention to- (a) bring into hatred or contempt or to excite disaffection against the lawful authority of the United Republic or its Government; (b) excite any of the inhabitants of the United Republic to attempt to procure the alteration, otherwise than by lawful means, of any other matter law established; the United Republic as by in (c) bring into hatred or contempt or to excite disaffection against the administration of justice in the United Republic; (d) raise discontent or disaffection amongst any of the inhabitants of the United Republic; or (e) promote feelings of ill-will and hostility between different classes of the population of the United Republic. (2) An act, speech or publication is not seditious by reason only that it intends to- (a) show that the Government has been misled or mistaken in any of its measures; (b) point out errors or defects in the Government or Constitution of the United Republic as by law established or the administration of justice with a view to the remedying of such errors or defects; legislation or in in 1 Note: Sections 51, 52, 53,54, 56, 57, 58, 63, 63A were re-enacted in the Newspapers Act 44 The Penal Code [CAP. 16 R.E. 2019] (c) persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic as by law established; or (d) point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of the United Republic. (3) In determining whether or not the intention with which any act was done, any words were spoken or any document was published is seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself.
  12. 56

    58. Repealed

    Verify source ↗

    Sections 56 to 58 are repealed.

    56.–58. Repealed by Act No. 3 of 1976 s. 55
  13. 59

    Unlawful oaths to commit offences

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    A person must not administer or consent to an oath or engagement meant to bind someone to commit a capital offence, and must not take such an oath unless compelled.

    59. Any person who- (a) administers, or is present at and consents to, the administering of any oath or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or (b) takes any such oath or engagement, not being compelled to do so, is guilty of an offence and is liable to imprisonment for life.
  14. 60

    Other unlawful oaths to commit offences

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    A person must not administer, consent to, or take certain unlawful oaths or engagements, unless compelled to do so when taking one.

    60. Any person who- (a) administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it- (i) (ii) to engage in any mutinous or seditious enterprise; to commit any offence not punishable with death; 45 Repealed Unlawful oaths to commit offences Other unlawful oaths to commit offences The Penal Code [CAP. 16 R.E. 2019] (iii) (iv) (v) to disturb the public peace; to be of any association, society or confederacy, formed for the purpose of doing any of the acts referred to in this subparagraphs paragraph; to obey the orders or commands of any committee or other body of persons not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose; (iii) of (i) to Compulsion as defence (vi) not to inform or give evidence against any associate, confederate or other person; or (vii) not to reveal or discover any unlawful association, society or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of the oath or engagement; (b) takes any such oath or engagement, not being compelled to do so, is guilty of an offence and is liable to imprisonment for seven years.
  15. 61

    Compulsion as a defence

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    A person who took an oath or engagement under section 60 cannot rely on compulsion as a defence unless they make a sworn declaration of all they know about the matter within 14 days (or 14 days after force or sickness ends).

    61. A person who takes any oath or engagement referred to in section 60 cannot set up as a defence that he was compelled to do so unless, within fourteen days after taking it or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before a magistrate or, if he is on actual service in the military forces of the United Republic in the Police Force, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter including the persons by whom and in whose presence, and the place where and the time when the oath or engagement was administered or taken. 46 The Penal Code [CAP. 16 R.E. 2019] Unlawful drilling R.L. Cap. 455 s. 20
  16. 62

    Unlawful drilling

    Verify source ↗

    It is an offence to train or drill another person in the use of arms or military exercises without the Minister’s permission, or to attend such an unauthorised meeting or assembly.

    62.-(1) Any person who- (a) without the permission of the Minister for the time being responsible for home affairs trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or (b) is present at any meeting or assembly of persons, held without the permission of the Minister for the time being responsible for home affairs, for the purpose of training or drilling any other person to the use of arms or the practice of military exercise, movements or evolutions, is guilty of an offence and is liable to imprisonment for seven years. (2) Any person who, at any meeting or assembly held without the permission of the Minister for the time being responsible for home affairs, is trained or drilled to the use of arms or the practice of military exercises, movements or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of an offence. Repealed
  17. 63

    Repealed

    Verify source ↗

    Sections 63–63A are repealed.

    63.–63A. Repealed by Act No. 3 of 1976 s. 55 Raising discontent and ill-will for unlawful purposes Ords. Nos. 49 of 1955 s.6; 10 of 1955 s. 2; G.N No. 236 of 1961; R.L. Cap. 500 s. 36 Act No. 10 of 2013 s.43
  18. 63B

    Raising discontent and ill-will for unlawful purposes

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    A person who makes a statement to an assembly that is likely to spread discontent or ill-will commits an offence, unless the statement was made solely for one of the listed lawful purposes.

    63B.-(1) Any person who, to any assembly, makes any statement likely to raise discontent amongst any of the inhabitants of the United Republic or to promote feelings of ill-will between different classes or communities of persons of the United Republic, is guilty of an offence and is liable to a fine not less than five hundred thousand shillings or to imprisonment for a term of not less than one year: Provided that, no person shall be guilty of an offence under the provisions of this section if the statement was made solely for any one or more of the following purposes, the proof whereof shall lie upon him, that is to say- (a) to show that the Government has been misled or mistaken in any of its measures; (b) to point out errors or defects in the Government or its policies or the Constitution of the United 47 The Penal Code [CAP. 16 R.E. 2019] Republic as by law established, or in any legislation or in the administration of justice with a view to the remedying of those errors or defects; (c) to persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic; or Hate speech Act No. 10 of 2013 S. 44 (d) to point out, with a view to their removal, any matters which are producing or have a tendency to produce discontent amongst any of the inhabitants of the United Republic or feelings of ill-will and enmity between different classes or communities of persons of the United Republic. (2) For the purposes of this section “an assembly” means a gathering of seven or more persons. (3) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions.
  19. 63C

    Hate Speech

    Verify source ↗

    A person commits an offence if they use or distribute threatening, abusive, or insulting material or performances with intent to stir up ethnic hatred, or where ethnic hatred is likely.

    63C.-(1) A person who- (a) uses threatening, abusive or insulting words or behavior, or displays any written material; (b) publishers or distributes written material; (c) presents or directs the performance, the public performance of a play; (d) distributes, shows or plays, a recording of audio or visual images; (e) direct a public performance of a play; or (f) provides, produce or directs a programme, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior, commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up. (2) Any person who commits an offence under this section shall be liable to a fine of five million shillings or to imprisonment for a term not less than five years or to both. 48 The Penal Code [CAP. 16 R.E. 2019] (3) In this section, “hatred” means hatred against a group of persons defined by reference to colour, race, gender, disability, conscience, belief, nationality or ethic or national origins. (4) For the purpose of this section, publishing includes transmitting communication by means of any network services or application services and include printing of material. CHAPTER VIII OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY Repealed Foreign enlistment R.L. Cap. 455 s. 22

Part

CHAPTER VIII

  1. 65

    Foreign enlistment

    Verify source ↗

    Section 65 makes it an offence to carry out certain foreign enlistment or vessel-related acts without the President’s licence.

    65. Any person commits an offence who does any of the following acts without the licence of the President if he- (a) prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or in such preparation or fitting-out, or assists therein, or is employed in any capacity in the expedition; is engaged (b) being a citizen of the United Republic, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state, or whether a citizen of the United Republic or not, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state; (c) being a citizen of the United Republic, quits or goes on board any vessel with a view of quitting the United Republic, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or whether a citizen of the United Republic or not, induces any other person to quit or to go on board any vessel with a view of quitting the United Republic with the like intent; 49 The Penal Code [CAP. 16 R.E. 2019] (d) being the master or owner of any vessel, knowingly either takes on board or engages to take on board, or has on board the vessel any illegally enlisted persons; or (e) with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state, builds, agrees to build, causes to be built, equips, dispatches, or causes or allows to be dispatched, any vessel, or issues or delivers any commission for any vessel: Provided that, a person building, causing to be built, or equipping a vessel in pursuance of a contract made before the commencement of the war is not liable to any of the penalties specified in this section in respect of the building or equipping if- (i) upon proclamation of neutrality being issued by the President he forthwith gives notice to the Minister for the time being responsible for home affairs that he is so building, causing to be built, or equipping such vessel, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Minister. taken to be (ii) gives such security, and takes and permits such other measures, if any, as the Minister for the time being responsible for home affairs may prescribe for ensuring that the vessel shall not be dispatched, delivered, or removed without the the licence of termination of the war. the President until Piracy Acts Nos. 14 of 1980 s.8 11 of 2010 s.19
  2. 66

    Piracy

    Verify source ↗

    Piracy is an offence, punishable by life imprisonment, and prosecutions under this section need special conditions in some cases.

    66.-(1) A person who- (a) does any act of violence or detention, or any act of degradation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed- 50 The Penal Code [CAP. 16 R.E. 2019] (i) against another ship or aircraft, or against persons or property on board such ship or aircraft; or (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any state; (b) participates in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; or (c) does any act of inciting or of intentionally facilitating an act referred to in paragraph (a) or (b), commits an act of piracy. (2) A person who does or participate in piracy commits an offence of piracy and on conviction is liable to imprisonment for life. (3) Where a pirate ship is not registered in Tanzania, no prosecution shall be commenced unless there is special arrangement between the arresting state or agency and Tanzania. (4) No prosecution shall be commenced under this section without the consent of the Director of Public Prosecutions. (5) For the purposes of this section- “pirate ship or aircraft” means a ship or aircraft under the dominant control of person who- (a) intend to use such ship or aircraft for piracy; or (b) have used such ship or aircraft for piracy, so long as it remains under the control of that person; and “private ship or private aircraft” means a ship or aircraft that is not owned by the Government or held by a person on behalf of or for the benefit of the Government. 51 The Penal Code [CAP. 16 R.E. 2019] CHAPTER IX UNLAWFUL ASSEMBLIES AND RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILITY Repealed

Part

CHAPTER IX

  1. 67

    73. Repealed by Ord. No. 11 of 1954 s. 33

    Verify source ↗

    Sections 67–73 are marked repealed.

    67.–73. Repealed by Ord. No. 11 of 1954 s. 33 Definition of unlawful assembly and riot Punishment for unlawful assembly Punishment for riot Making proclamation for rioters to disperse R.L. Caps. 500 s. 7; 356 s.11(13)
  2. 74

    Definition of unlawful assembly and riot

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    Three or more people can be an unlawful assembly if they gather with intent to commit an offence or act in a way that makes nearby people reasonably fear a breach of the peace.

    74.-(1) When three or more persons assemble with intent to commit an offence or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighborhood reasonably to fear that the persons so assembled will commit a breach of the peace or will, by that assembly needlessly and without any reasonable occasion, provoke other persons to commit a breach of the peace, they are an unlawful assembly. (2) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in the manner referred to in subsection (1). (3) When an unlawful assembly has begun to execute the purpose for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and to be riotously assembled. the persons assembled are said
  3. 75

    Punishment for unlawful assembly

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    A person who takes part in an unlawful assembly commits an offence and can be imprisoned for one year.

    75. Any person who takes part in an unlawful to is guilty of an offence and liable is assembly imprisonment for one year.
  4. 76

    Punishment for riot

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    A person who takes part in a riot commits an offence.

    76. Any person who takes part in a riot is guilty of an offence.
  5. 77

    Making proclamation calling for rioters to disperse

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    Certain officers may issue a proclamation, in the President’s name, ordering riotous groups of 12 or more people to disperse peacefully.

    77. A magistrate or, in his absence, a police officer of or above the rank of inspector, or any commissioned officer in the military forces of the United Republic, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation in the President’s name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peacefully. 52 The Penal Code [CAP. 16 R.E. 2019] Dispersion of rioters after proclamation Cap. 4 s.8 Rioting after proclamation. Cap. 4 s.8 Preventing or obstructing making of proclamation.
  6. 78

    Dispersion of rioters after proclamation

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    After a proclamation and a reasonable time, authorised persons or police may disperse a riotous group of 12 or more and may use reasonably necessary force if resisted.

    78. Where upon the expiration of a reasonable time after a proclamation is made, or after the making of the proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make a proclamation, or any police officer, or any other person acting in aid of that person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if any person makes resistance, may use all such force as the resistance, and shall not be liable in any criminal or civil proceedings for having, by the use of such force, caused harm or death to any person. is reasonably necessary for overcoming
  7. 79

    Rioting after proclamation

    Verify source ↗

    After a proclamation to disperse, anyone who keeps taking part in the riot or assembly after a reasonable time commits an offence and is liable to five years’ imprisonment.

    79. Where a proclamation is made, commanding the persons engaged in a riot or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of the proclamation, takes or continues to take part in the riot or assembly to imprisonment for five years. is guilty of an offence, and liable is
  8. 80

    Preventing or obstructing the making of proclamation

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    A person who forcibly blocks a proclamation under section 77 commits an offence and can be imprisoned for 10 years.

    80. Any person who forcibly prevents or obstructs the making of a proclamation referred to in section 77 is guilty of an offence and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for five years. Rioters demolishing buildings, etc
  9. 81

    Rioters demolishing buildings, etc

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    People who riotously assemble and unlawfully pull down or destroy, or start to destroy, buildings, railways, machinery, or structures commit an offence and may be imprisoned for life.

    81. Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy any building, railway, machinery or structures are guilty of an offence, and each of them is liable to imprisonment for life. Rioters damaging buildings, etc.
  10. 82

    Rioters damaging buildings

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    People who riotously assemble and unlawfully damage things covered by section 81 commit a felony and can be imprisoned for seven years.

    82. Any persons who, being riotously assembled together, unlawfully damage any of the things in section 81 are guilty of a felony and each of them is liable to imprisonment for seven years 53 The Penal Code [CAP. 16 R.E. 2019] Riotously interfering with railway, vehicle, etc.
  11. 83

    Riotously interfering with railway, vehicle, etc

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    A person commits an offence if, while riotously assembled and using force, they obstruct or interfere with loading, unloading, starting, transit, sailing, or navigation of a railway, vehicle, or vessel, or board one with that intent.

    83. All persons are guilty of an offence who being riotously assembled unlawfully and with force, prevent, hinder or obstruct the loading or unloading of any railway, vehicle or vessel, or the starting or transit of any railway or vehicle, or the sailing or navigating of any vessel, or unlawfully and with force board railway, vehicle or vessel with intent so to do. Going armed in public
  12. 84

    Going armed in public

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    A person must not go armed in public without lawful occasion in a way that causes terror to anyone.

    84. Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any person is guilty of an offence and his arms may be forfeited. Forcible entry Forcible detainer Affray Challenge to fight a duel
  13. 85

    Forcible entry

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    Violent entry onto land or tenements to take possession is a forcible entry offence, even if the person believes they have a right to enter.

    85. Any person who, in order to take possession thereof, enters on any land or tenements in a violent manner, whether the violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, is guilty of forcible entry and, for the purposes of this section it is immaterial whether he is entitled to enter on the land or not: Provided that, a person who enters upon lands or tenements, of his own but which are in the custody of his servant or bailiff does not commit the offence of forcible entry.
  14. 86

    Forcible detainer

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    A person in actual possession of land without color of right commits forcible detainer if they keep possession in a way likely to cause a breach of the peace, or a reasonable fear of one, against the lawful possessor.

    86. Any person who, being in actual possession of land without color of right, holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land is guilty of forcible detainer.
  15. 87

    Affray

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    A person who joins a fight in a public place commits an offence and may be punished by up to six months’ imprisonment or a fine of up to five hundred shillings.

    87. Any person who takes part in a fight in a public place is guilty of an offence and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings.
  16. 88

    Challenge to fight a duel

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    A person who challenges someone to a duel, or tries to provoke a duel challenge, commits an offence.

    88. Any person who challenges another to fight a duel or attempts to provoke another to fight a duel or attempts to provoke any person to challenge another to fight a duel is guilty of an offence. 54 The Penal Code [CAP. 16 R.E. 2019] Abusive language, brawling and Threatening violence Ords. Nos. 48 of 1948 s. 2; 14 of 1950 s. 9; 49 of 1955 s. 7; Acts Nos 12 of 1962 s. 2 10 of 2013 s. 45
  17. 89

    Abusive language, brawling and threatening violence

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    A person commits an offence by using abusive language, brawling, making a disturbance, or making threatening or alarming conduct tied to breach of the peace, and may be jailed.

    89.-(1) Any person who- (a) uses obscene, abusive or insulting language to any other person in such a manner as is likely to cause a breach of the peace; or (b) brawls or, in any other manner, creates a disturbance in such a manner as is likely to cause a breach of the peace, is guilty of an offence and liable to imprisonment for one year. (2) Any person who- (a) with intent to intimidate or annoy any person, threatens to injure, assault, shoot at or kill any person or to burn, destroy or damage any property; or (b) with intent to alarm any person discharges a firearm or commits any other breach of the peace, is guilty of an offence and to imprisonment for one year and if the offence is committed at night the offender is liable to imprisonment for two years. liable is Watching or besetting Ord. No. 49 of 1955 s. 8; G.N. No. 236 of 1961
  18. 89A

    Watching or besetting

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    Watching or besetting premises, or their approaches, to stop someone doing something lawful or force them to do something they may lawfully refuse is an offence punishable by six months’ imprisonment.

    89A.-(1) Any person who watches or besets any premises or other place, or the approaches to any such premises or other place with a view to- (a) preventing any other person from doing any act which he may lawfully do; or (b) compelling any other person to do any act which he may lawfully abstain from doing, is guilty of an offence and is liable to imprisonment for six months: Provided that, the provisions of this section shall not apply to any watching or besetting which is lawful under the provisions of any law relating to trade unions or trade disputes. (2) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. Intimidation Ord. No. 5 of 1961 s. 4;
  19. 89B

    Intimidation

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    It is an offence for any person, without legal authority, to intimidate someone in order to force them to give up or do something they are legally allowed to do. A conviction can lead to one year in prison.

    89B.-(1) Any person who wrongfully and without legal authority intimidates any other person with a view to compelling that other person- 55 The Penal Code [CAP. 16 R.E. 2019] G.N. No. 236 of 1961 (a) to abstain from doing any act which he has a legal right to do; or (b) to do any act which he has a legal right to abstain from doing, is guilty of an offence and is liable on conviction to imprisonment for one year. (2) In this section- “to intimidate” means to cause in the mind of a person a reasonable apprehension of injury to him or to any member of his family or to any of his dependants or of violence or damage to any person or property; his “injury” includes injury to a person in respect occupation, business, of employment or other source of income and also includes any actionable wrong. (3) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. Dissuading persons from assisting with self-Help schemes Act. No. 61 of 1962 s. 2
  20. 89C

    Dissuading persons from assisting with self-help schemes

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    A person must not, with the intent to disrupt an approved self-help scheme, dissuade or try to dissuade others from offering services or assisting.

    89C.-(1) Any person who, with intent to impede, obstruct, prevent or defeat any self-help scheme or type of self-help scheme approved by the Regional Commissioner or the District Commissioner, dissuades or attempts to dissuade any person from offering his services, or from assisting, in connection therewith, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. (2) In any prosecution for an offence against this section the certificate of the Regional Commissioner or the District Commissioner, as the case may be, that a self-help scheme named or described therein was approved by him on a specified date or that self-help schemes of the type 56 The Penal Code [CAP. 16 R.E. 2019] described therein were approved by him on or before a specified date, shall be conclusive evidence of such facts. Assembling for purpose of smuggling Act. No. 2 of 1972 Sch.
  21. 90

    Assembling for the purpose of smuggling

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    Two or more people who assemble to unship, carry, or conceal customs-duty goods liable to forfeiture commit an offence.

    90. Any two or more persons who assemble together for the purpose of unshipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs are guilty of an offence and each of them is liable to imprisonment for two years. Division II. — Offences against the Administration of Lawful Authority CHAPTER X ABUSE OF OFFICE Repealed Officers charged with administration of property of special character with special duties False claims by officials

Part

CHAPTER X

  1. 91

    93. Repealed by Ord. No. 19 of 1958 s. 15

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    Sections 91 to 93 are repealed.

    91.-93. Repealed by Ord. No. 19 of 1958 s. 15
  2. 94

    Officers charged with administration of property of special

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    Public servants with certain judicial or administrative duties must not handle those duties where they have a private interest in the related property or business.

    94. Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and or having acquired or holding, directly or indirectly, a private interest duties in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade, or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of an offence, and is liable to imprisonment for one year.
  3. 95

    False claims by officials

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    Public servants in specified roles must not knowingly make materially false returns or statements about sums payable or matters needing certification for payment or delivery of goods.

    95. Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of an offence. 57 The Penal Code [CAP. 16 R.E. 2019] Abuse of office G.N. No. 236 of 1961 Cap. 4 s.8 False certificates by public officers Unauthorised administration of extra- judicial oath False assumption of Authority Cap. 11 6th Sch.
  4. 96

    Abuse of office

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    Public servants must not abuse their office to do arbitrary acts that harm another person’s rights.

    96.-(1) Any person who, being employed in the public service, does or directs to be done in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of an offence. (2) Where the act done or directed to be done is for purposes of gain, a person convicted of an offence contrary to subsection (1) is liable to imprisonment for three years. (3) A prosecution for an offence under this section shall not be instituted except by or with the sanction of the Director of Public Prosecutions.
  5. 97

    False certificates by public officers

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    A person authorised or required by law to issue a certificate commits an offence if they knowingly give a certificate that is false in a material way.

    97. Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular is guilty of an offence.
  6. 98

    Unauthorised administration of extra-judicial oath

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    A person must not administer an oath, declaration, affirmation, or affidavit on a matter they are not legally authorised to handle.

    98. Any person who administers an oath or makes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not, by law, any authority to do so is guilty of an offence and is liable to imprisonment for one year: Provided that, this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate, coroner or justice of the peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.
  7. 99

    False assumption of authority

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    A person commits an offence if they falsely assume the role of a judicial officer or other legally authorised public officer, including for oaths, declarations, affidavits, or certified register/record documents.

    99. Any person who- (a) not being a judicial officer, assumes to act as a judicial officer except in circumstances of a customary arbitration or settlement by the tribal elders in any matter arising out of any common assault or other offence of a personal or private nature or any minor civil dispute at customary 58 The Penal Code [CAP. 16 R.E. 2019] law if such arbitration or settlement is conducted in the manner recognised by customary law; (b) without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorised by law to do so; or (c) represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised, is guilty of an offence. Personating Public officers
  8. 100

    Personating public officers

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    A person commits an offence if they impersonate a public servant or falsely claim to be one in order to act or attend somewhere as part of that employment.

    100. Any person who- (a) personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or (b) falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment, is guilty of an offence. Threat of injury to persons employed in public service
  9. 101

    Threat of injury to persons employed in public service

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    A person commits an offence if they threaten injury to a public servant, or someone they think that servant cares about, to make the servant act, delay, or stop acting in an official function.

    101. Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person to be interested, for the purpose of inducing that person to do any act, or to forbear or delay to do any act connected with the exercise of the public functions of that person is guilty of an offence. 59 The Penal Code [CAP. 16 R.E. 2019] CHAPTER XI OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

Part

CHAPTER XI

  1. 102

    Perjury and subornation of perjury

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    A person who knowingly gives false testimony in a judicial proceeding, or helps another person commit perjury, is guilty of an offence.

    102.-(1) Any person who, in any judicial proceedings, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, is guilty of perjury and it is immaterial- Perjury and subornation of perjury Act No. 55 of 1963 6th Sch. (a) whether or not the testimony is given on oath; (b) that the person giving the testimony and bound to the forms and speak ceremonies actually used in administering the oath or in otherwise binding him; truth assents the to (c) whether the false testimony is given orally or in writing; (d) whether the court or is properly constituted or is held in the proper place or not if it actually acts as a court or tribunal in the proceeding in which the testimony is given; tribunal (e) whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceedings or not. (2) Any person who, aids, abets, counsels, procures or suborns another person to commit perjury is guilty of subornation of perjury. False statements by interpreters
  2. 103

    False statements by interpreters

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    An interpreter sworn in a judicial proceeding must not willfully make a material statement that is false or that they do not believe to be true.

    103. Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, willfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, is guilty of perjury. Punishment for perjury
  3. 104

    Punishment for perjury

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    A person who commits perjury or suborns perjury is liable to imprisonment for seven years.

    104. A person who commits perjury or suborns perjury is liable to imprisonment for seven years. Evidence on charge of perjury
  4. 105

    Evidence on charge of perjury

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    A court may not convict someone of perjury or subornation of perjury based only on one witness saying a statement was false.

    105. A court shall not convict a person of perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false. 60 The Penal Code [CAP. 16 R.E. 2019] Fabricating evidence
  5. 106

    Fabricating evidence

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    It is an offence to fabricate evidence, or knowingly use fabricated evidence, if the person intends to mislead a tribunal in a judicial proceeding.

    106. Any persons who, with intent to mislead any tribunal in any judicial proceeding- (a) fabricates evidence by any means other than perjury or subornation of perjury; or (b) knowingly makes use of the fabricated evidence, is guilty of an offence and is liable to imprisonment for seven years.
  6. 107

    False swearing

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    A person commits an offence if they falsely swear, affirm, or declare before an authorized person about a matter of public concern in circumstances that would be perjury in a judicial proceeding.

    107. Any person who swears falsely or makes a false affirmation or declaration before a person authorized to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration, if done in a judicial proceeding, would have amounted to perjury, is guilty of an offence.
  7. 108

    Deceiving witnesses

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    Any person who tries to deceive a witness or influence a witness’s testimony in a judicial proceeding commits an offence.

    108. Any person who practises any fraud or deceit or knowingly makes or exhibits any statement representation, token or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of that person as a witness, is guilty of an offence. false
  8. 109

    Destroying evidence

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    A person who knowingly and intentionally makes evidence unusable or destroys it for use in a judicial proceeding commits an offence.

    109. A person who, knowing that any book, document, device or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, willfully illegible or removes or destroys undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of an offence. renders it or it False swearing Deceiving witnesses Destroying evidence Act No. 14 of 2015 s. 55 Conspiracy to defeat justice interference with witnesses Ord. No. 5 of 1961 s. 5; Act No. 2 of 1962 Sch.
  9. 110

    Conspiracy to defeat justice and interference with witnesses

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    A person must not falsely accuse someone of a crime, obstruct justice, or stop a witness from appearing or giving evidence. Doing so is an offence punishable by up to five years’ imprisonment.

    110. A person who- (a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or (b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a 61 The Penal Code [CAP. 16 R.E. 2019] Unlawful compounding of offences Compounding penal actions Advertisements for stolen property witness from so appearing and giving evidence, or attempts to do so, is guilty of an offence and is liable to imprisonment for five years.
  10. 111

    Unlawful compounding of offences

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    A person commits an offence if they seek or accept any benefit in return for compounding, concealing, delaying, discontinuing, or withholding evidence of an offence.

    111. Any person who asks, receives, or obtains or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal an offence, or will abstain from, discontinue, or delay a prosecution for an offence, or will withhold any evidence thereof, is guilty of an offence.
  11. 112

    Compounding penal actions

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    A person commits an offence if they compound a criminal charge brought or to be brought against someone else without the court’s order or consent.

    112. Any person who having brought, or under pretence of bringing, against another person a criminal charge founded on any written law in order to obtain from him a penalty for an offence committed or alleged to have been committed by him, compounds the criminal charge without the order or consent of the court in which the charge is brought or is to be brought is guilty of an offence.
  12. 113

    Advertisements for stolen property

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    A person commits an offence if they publicly offer certain rewards or repayment tied to stolen or lost property, or if they print or publish such an offer.

    113. Any person who- (a) publicly offers a reward for the return of any property which has been stolen or lost and in the offer makes use of any words purporting that no questions will be asked or that the person producing such property will not be seized or molested; (b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of the property; or (c) prints or publishes any offer, referred to in paragraph (a) or (b), is guilty of an offence. Contempt of court Cap. 11 6th Sch.; Act No.
  13. 114

    Contempt of court

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    This section makes specified conduct in or around judicial proceedings an offence and sets fines, imprisonment, and a court’s power to detain and sentence in summary cases.

    114.-(1) Any person who- (a) within the premises or the precincts of premises in which any judicial proceeding is being had or taken, shows disrespect, in speech nor manner, to 62 The Penal Code [CAP. 16 R.E. 2019] 3 of 1995 Sch. or with reference to such proceeding, or any person before whom such proceeding is being had or taken; (b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document or other thing, or remains in the room in which the proceeding is being had or taken, after the witnesses have been ordered to leave that room; (c) causes an obstruction or disturbance in the course of a judicial proceeding; (d) while a judicial proceeding is pending, publishes, prints or makes use of any speech or writing, misrepresenting the proceeding, or capable of prejudicing any person in favour of or against any parties to the proceeding, or calculated to lower the authority of any person before whom that proceeding is being had or taken. (e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; (f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with the evidence; (g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; (h) wrongfully retakes possession of any land or other property from any person who has recently obtained judgment from a court for the recovery of possession of that land or property; (i) wrongfully retakes possession of a child from any person who has obtained the custody of the child under an order of court; (j) having the means to pay compensation or costs or 63 The Penal Code [CAP. 16 R.E. 2019] any other sum in civil or criminal proceedings awarded against him by a primary court, wrongfully refuses or neglects after due notice to make the payment in accordance with any order for payment whether or not by installments; or (k) commits any other act of intentional disrespect to any judicial proceeding or to any person before whom the proceeding is being heard or taken, is guilty of an offence, and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings. (2) When any offence against paragraphs (a), (b), (c), (d), or (k) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody and, at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine of four hundred shillings or in default of payment to imprisonment for one month. (3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court. (4) Paragraph (b) of subsection (1) shall have effect in relation to proceedings in a primary court in which evidence is not given on oath or affirmation as if the references to a person having been or affirmed included a reference to a person having been required by the court to give evidence in those proceedings.
  14. 114A

    Preventing or obstructing service or execution of process

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    A person must not obstruct, prevent, interfere with, resist, or avoid service or execution of court process.

    114A. Any person who- (a) willfully obstructs or knowingly prevents or in any way interferes with or resists the service upon himself or any other person of any summons, notice, order, of warrant or other process issued by a court for service on himself or such other person, as the case may be; (b) willfully obstructs or knowingly prevents or in any way interferes with or resists the execution of any summons, notice, order, warrant or other process issued by a court, or any person lawfully charged with its execution; or (c) absconds in order to avoid being served with 64 Preventing or obstructing service or execution of process Ord. No. 5 of 1961 s. 6 The Penal Code [CAP. 16 R.E. 2019] any summons, notice, order, warrant or other process issued by a court, is guilty of an offence and to imprisonment for a term not exceeding one year. liable on conviction shall be CHAPTER XII RESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW Rescue Cap. 4 s.8

Part

CHAPTER XII

  1. 115

    Rescue

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    A person who uses force to rescue or try to rescue someone from lawful custody commits an offence.

    115.-(1) Any person, who by force rescues or attempts to rescue from lawful custody any other person- (a) if that other person is under sentence of death or imprisonment for life, or charged with an offence punishable with death or imprisonment for life is guilty of an offence and liable to imprisonment for life; (b) if that other person is imprisoned on a charge or under sentence for any offence other than those referred to in paragraph (a), is guilty of an offence and liable to imprisonment for seven years; or (c) in any other case, is guilty of an offence. (2) Where the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.
  2. 116

    Escape from lawful custody

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    A person who escapes from lawful custody commits an offence.

    116. A person who escapes from lawful custody is guilty of an offence.
  3. 116A

    Absence from extramural employment

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    A prisoner allowed to work outside prison must present himself at the appointed hour and not absent himself from work, unless he has a reasonable and lawful excuse accepted by the court.

    116A.-(1) Where any person who has received permission to work outside a prison pursuant to the provisions of the Prisons Act, fails to present himself at the appointed hour or absents himself from work, he is guilty of an offence unless he satisfies the court that he had a reasonable and lawful excuse for so doing. (2) A sentence of imprisonment imposed for an offence against subsection (1) shall be in addition to any imprisonment to which the person sentenced is already liable and which he is ordered to suffer under the Prisons Act. 65 Escape from lawful custody Absence from extramural employment Act. No. 34 of 1967 Caps. 58, 4 s.8 Cap. 58 The Penal Code [CAP. 16 R.E. 2019] Aiding prisoners to escape
  4. 117

    Aiding prisoners to escape

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    A person who helps a prisoner escape, or brings things into a prison to help an escape, commits an offence and can be imprisoned for 7 years.

    117. A person who- (a) aids a prisoner in escaping or attempting to escape from lawful custody; or (b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner, is guilty of an offence and is liable to imprisonment for seven years. Removal, etc, of property under lawful seizure
  5. 118

    Removal, etc., property under lawful seizure

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    A person who knowingly interferes with property that has been attached or taken under a court process commits an offence and can be imprisoned for three years.

    118. Any person who, when any property has been attached or taken under the process of authority of any court, knowingly and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes of the property, is guilty of an offence and is liable to imprisonment for three years. Repealed
  6. 119

    Repealed

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    Section 119 is repealed.

    119. Repealed by Ord. No. 5 of 1961 s. 7. Frauds and breaches of trust by public officers Act. No. 2 of 1972 Sch. Neglect of official duty CHAPTER XIII MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY

Part

CHAPTER XIII

  1. 120

    Frauds and breaches of trust by public officers

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    Public servants must not commit fraud or breach of trust affecting the public while carrying out their office duties.

    120. A person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of an offence and shall be liable to imprisonment for seven years.
  2. 121

    Neglect of official duty

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    A person employed in the public service commits an offence if they willfully neglect a duty they are legally bound to perform, unless doing the duty would involve greater danger than ordinary courage and activity would be expected to face.

    121. A person employed in the public service who willfully neglects to perform any duty which he is bound either by common law or by any written law to perform, unless the discharge of the duty is not attended with greater danger than a man of ordinary courage and activity might be expected to encounter, is guilty of an offence. False information to person employed in the public
  3. 122

    False information to person employed in the public service

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    It is an offence to give false information to a public servant if you know or believe it is false and intend, or know it is likely, that it will cause harm or improper action.

    122. Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause that person- 66 The Penal Code [CAP. 16 R.E. 2019] service Disobedience of statutory duty Disobedience of lawful orders (a) to do or omit anything which that person ought not to do or omit, if the true state of facts respecting which the information is given were known to him; or (b) to use the lawful power of that person to the injury or annoyance of any person, shall be guilty of an offence and shall be liable to imprisonment for six months or to a fine of one hundred thousand shillings or to both.
  4. 123

    Disobedience of statutory duty

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    A person who willfully breaks written law by forbidden acts or by failing to do required acts affecting the public commits an offence and may be imprisoned for two years, unless another law provides a different punishment.

    123. A person who willfully contravenes any written law by doing any act which it forbids or by omitting to do any act which it requires to be done and which concerns the public or any part of the public, is guilty of an offence and is liable, unless a different punishment is provided by that or any other law for the disobedience, to imprisonment for two years.
  5. 124

    Disobedience of lawful orders

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    A person who disobeys a duly made, issued, or given order, warrant, or command from a court or authorized public officer commits an offence and may be imprisoned for two years, unless another penalty or procedure is expressly provided.

    124. A person who disobeys any order, warrant or command duly made, issued or given by a court, an officer or person acting in any public capacity and duly authorized in that behalf, is guilty of an offence and is liable, unless any other penalty or mode or proceeding is expressly prescribed in respect of that disobedience, to imprisonment for two years. Repealed
  6. 124A

    Repealed

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    Section 124A is repealed.

    124A. Repealed by Act No. 15 of 1971 s. 9. Division III.-Offences Injurious to the Public in General CHAPTER XIV OFFENCES RELATING TO RELIGION AND BURIALS Insulting religion

Part

CHAPTER XIV

  1. 125

    Insulting to religion

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    A person commits an offence if they destroy, damage, or defile a place of worship or something sacred to a group, intending to insult that group’s religion or knowing the group is likely to see it as an insult.

    125. Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion is guilty of an offence. 67 The Penal Code [CAP. 16 R.E. 2019] Disturbing religious assemblies Act. No. 10 of 2013 s. 46 Cap. 4 s.8 Trespassing on burial or other places Hindering burial of dead body Act No. 5 of 1963 s. 2
  2. 126

    Disturbing religious assemblies

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    A person must not voluntarily disturb an assembly lawfully engaged in religious worship or a religious ceremony.

    126. Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony commits an offence and upon conviction is liable to a fine of not less than three million shillings or to imprisonment for a term not exceeding two years.
  3. 127

    Trespassing on burial or other places

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    A person commits an offence if, intending to wound feelings or insult religion, or knowing such harm is likely, they trespass in a place of worship or burial, dishonour a corpse, or disturb funeral ceremonies.

    127. A person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of an offence.
  4. 128

    Hindering burial of dead body

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    It is an offence to unlawfully interfere with burial or to disinter, dissect, or damage a dead body without lawful authority or contrary to minister-made rules.

    128. Any person who unlawfully hinders the burial of the dead body of any person or who, without lawful authority in that behalf or otherwise than in accordance with rules made by the Minister responsible for health (which rules the Minister is hereby authorised to make) disinters, dissects or causes damage to the dead body of any person or who, being under a duty to cause the dead body of any person to be buried, willfully and without lawful authority in that behalf neglects to perform that duty, shall be guilty of an offence. Uttering word with intent to wound religions feelings Act No. 10 of 2013 s. 47 Cap. 4 s.8
  5. 129

    Uttering words with intent to wound religious feelings

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    A person must not intentionally say, make, or place something in a way that wounds another person’s religious feelings.

    129. Any person who, with the deliberate intention of wounding the religious feelings of any person, utters any word, or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, commits an offence and upon conviction is liable to a fine of not less than three million shillings or to imprisonment for a term of not less than one year. 68 The Penal Code [CAP. 16 R.E. 2019] CHAPTER XV OFFENCES AGAINST MORALITY Definition of woman

Part

CHAPTER XV

  1. 129A

    Definition of woman

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    This section defines “woman” for this Chapter as any female person, unless the context requires otherwise or another provision says otherwise.

    129A. In this Chapter “woman” means any female person and, unless the context requires otherwise or it is otherwise expressly provided, irrespective of age. Rape Acts. Nos. 4 of 1998 s. 5; 21 of 2009 s. 176
  2. 130

    Rape

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    A male person commits rape if he has sexual intercourse with a girl or woman in the listed non-consensual or deceitful circumstances, including where she is under 18, subject to a stated marital exception.

    130.-(1) It is an offence for a male person to rape a girl or a woman. (2) A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances following falling under any of descriptions: the (a) not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse; (b) with her consent where the consent has been obtained by threats or the use of force, intimidation by putting her in fear of death or of hurt or while she is in unlawful detention; (c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by any drugs, matter or thing, administered to her by the man or by some other person unless proved that there was prior consent between the two; (d) with her consent when the man knows that he is not her husband, and that her consent is given because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawfully married; (e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man. (3) Whoever- (a) being a person in a position of authority, takes advantage of his official position, and commits rape on a girl or a woman in his official relationship or wrongfully restrains and commits rape on the girl or woman; 69 The Penal Code [CAP. 16 R.E. 2019] Cap 4 s.8 Punishment for rape Acts Nos. 4 of 1998 s. 6; 19 of 2007 s.8 21 of 2009 s. 177 (b) being on the management or on the staff of a remand home or other place of custody, established by or under law, or of a women’s or children’s institution, takes advantage of his position and commits rape on any woman inmate of the remand home, place of custody or institution; (c) being on the management or staff of a hospital, school, day care center, children's home or any other institution, organization or agency where there is a duty of care, takes advantage of his position and commits rape on a girl or woman; (d) being a traditional healer takes advantage of his position and commits rape on a girl or a woman who is his client for healing purposes; (e) being a religious leader takes advantage of his position and commits rape on a girl or woman. (4) For the purposes of proving the offence of rape- (a) penetration however slight to constitute the sexual intercourse necessary to the offence; and is sufficient (b) evidence of resistance such as physical injuries to the body is not necessary to prove that sexual intercourse took place without consent. (5) For the purposes of this section spouses shall be deemed lawfully separated even if the separation is arranged by the family or clan members.
  3. 131

    Punishment for rape

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    Rape is punishable by life imprisonment, or at least 30 years’ imprisonment with corporal punishment, plus a fine and court-ordered compensation, except for the special cases in subsection (2).

    131.-(1) Any person who commits rape is, except in the cases provided for in the renumbered subsection (2), liable to be punished with imprisonment for life, and in any case for imprisonment of not less than thirty years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the court, to the person in respect of whom the offence was committed for the injuries caused to such person. (2) Notwithstanding the provisions of any law, where the offence is committed by a boy who is of the age of eighteen years or less, he shall- (a) if a first offender, be sentenced to corporal 70 The Penal Code [CAP. 16 R.E. 2019] punishment only; (b) if a second time offender, be sentence to imprisonment for a term of twelve months with corporal punishment; (c) if a third time and recidivist offender, he shall be sentenced to five years with corporal punishment. (3) Subject the provisions of subsection (2), a person who commits an offence of rape of a girl under the age of life ten years shall on conviction be sentenced imprisonment. to Punishment for gang rape Acts Nos. 4 of 1998 s.7A; 19 of 2007 s.8
  4. 131A

    Punishment for gang rape

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    People who commit or help commit rape as part of a group are treated as having committed gang rape. A person convicted of gang rape must be sentenced to life imprisonment, unless subsection (3) applies.

    131A.-(1) Where the offence of rape is committed by one or more persons in a group of persons, each person in the group committing or abetting the commission of the offence is deemed to have committed gang rape. (2) Subject to provision of subsection (3), every person who is convicted to gang rape shall be sentenced to imprisonment for life, regardless of the actual role he played in the rape. (3) Where the commission or abetting the commission of a gang rape involves a person of or under the age of eighteen years the court shall, in lieu of sentence of imprisonment, impose a sentence of corporal punishment based on the actual role he played in the rape. Attempt rape Acts Nos. 4 of 1998 s. 8 3 of 2011 s.6
  5. 132

    Attempted rape

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    Attempted rape is an offence, punishable by imprisonment and, in some cases, corporal punishment.

    132.-(1) Any person who attempts to commit rape commits the offence of attempted rape, and except for the cases specified in subsection (3) is liable upon conviction to imprisonment for life, and in any case shall be liable to imprisonment for not less than thirty years with or without corporal punishment. (2) A person attempts to commit rape if, with the intent to procure prohibited sexual intercourse with any girl or woman, he manifests his intention by- (a) threatening purposes; the girl or woman for sexual (b) being a person of authority or influence in relation to the girl or woman, applying any act of intimidation over her for sexual purposes; 71 The Penal Code [CAP. 16 R.E. 2019] (c) making any false representations for her for the purposes of obtaining her consent; (d) representing himself as the husband of the girl or woman, and the girl or woman is put in a position the occurrence of anything where, but for independent of that person’s will, she would be involuntarily carnally known. (3) Where a person commits the offence of attempted rape by virtue of manifesting his intention in the manner specified in paragraph (c) or (d), he shall be liable to imprisonment for life and in any case for imprisonment of not less than ten years. (4) Where is committed by a person who is of the age below eighteen years, he shall- the offence of attempted rape (a) if a first time offender, be sentenced to corporal punishment of five strokes; (b) if a second time offender, be sentenced to a term of six months; (c) if a third time offender or habitual offender, be sentenced to twelve months, Abduction
  6. 133

    Abduction

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    A person commits an offence if, with certain marriage or sexual-intent purposes, they take away or detain a woman against her will.

    133. Any person who with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or to have sexual intercourse with any other person, takes her away, or detains her, against her will, is guilty of an offence and is liable to imprisonment for seven years. Abduction of girls under sixteen
  7. 134

    Abduction of girls under sixteen

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    It is an offence for any person to unlawfully take an unmarried girl under 16 out of the custody or protection of her parent or lawful caregiver against that parent’s or caregiver’s will.

    134. Any person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her parent or other person having lawful care or charge of her and against the will of the parent or of that person is guilty of an offence. Sexual assault on persons and indecent assault on women Ord. No.
  8. 135

    Sexual assault on persons and indecent assaults on women

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    This section makes it an offence for any person, with intent to cause sexual annoyance, to say, gesture, or show something meant to be heard or seen by another person. It also states the section is repealed.

    135.-(1) Any person who, with the intention to cause any sexual annoyance to any person utters any word or sound, makes any gesture or exhibits any word or object intending that such word or object shall be heard, or the gesture or object shall be seen, by that other person commits 72 The Penal Code [CAP. 16 R.E. 2019] 47 of 1954 s. 3; Act No. 4 of 1998 s. 9 an offence of sexual assault and is liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding three hundred thousand shillings or to both. (2) Where a charge for sexual assault under this section relates to a boy or girl under the age of eighteen years, it shall be no defence to the charge that the boy or girl consented to the act constituting the assault. Repealed
  9. 136

    Repealed

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    Section 136 is repealed.

    136. Repealed by Act No.4 of 1998 s. 10. Defilement of idiots or imbeciles Defilement by husband of wife under eighteen, etc. Ord. No. 4 of 1954; Acts Nos. 4 of 1998 s. 11; 21 of 2009 s. 178
  10. 137

    Defilement of idiots or imbeciles

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    A person who knows a woman is an idiot or imbecile must not have or try to have unlawful sexual intercourse with her in circumstances not amounting to rape.

    137. Any person who, knowing a woman to be an idiot or imbecile, has or attempts to have unlawful sexual intercourse with her in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the woman was an idiot or to imbecile, imprisonment for fourteen years, with or without corporal punishment. is guilty of an offence and liable is
  11. 138

    Defilement by husband of wife under eighteen, etc

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    This section makes it an offence, punishable by 10 years’ imprisonment, to have or attempt sexual intercourse with a wife under 18, to dispose of a girl under 18 for that purpose, or to procure a married woman under 18 for that purpose.

    138.-(1) Any person who, being married to a woman under the age of eighteen years, has or attempts to have sexual intercourse with her, whether with or without her consent, before she has attained the age of eighteen years, is guilty of an offence and is liable to imprisonment for ten years. (2) Any person who being a parent of or having custody of a woman under the age of eighteen years parts with the possession, or otherwise disposes of, the girl with the intention that the girl shall, while still under the age of eighteen years and whether with or without her consent, have sexual intercourse with her husband or knowing it to be likely that the woman will, while still under the age of eighteen years, have sexual intercourse, is guilty of an offence and is liable to imprisonment for ten years. (3) Any person who procures or attempts to procure any married woman under the age of eighteen years with intent that she shall have sexual intercourse with her husband, whether with or without her consent, when she is under the age of eighteen years, is guilty of an offence and is liable to imprisonment for ten years. 73 The Penal Code [CAP. 16 R.E. 2019] (4) It shall not be a defence to a charge under subsection (3) that the person procuring the woman is the husband of the woman. (5) It shall be a defence to a charge under this section- (a) if the woman in relation to whom a person is charged appears to the court to have attained the age of eighteen years; or (b) if the court is of the opinion that the person charged had reasonable cause to believe and did infact believe that the woman was of or above the age of eighteen years. Act of gross indecency between persons Act. No. 4 of 1988 s. 12 Cap. 4 s.8
  12. 138A

    Acts of gross indecency between persons

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    A person who commits, takes part in, procures, or tries to procure an act of gross indecency with another person commits an offence.

    138A.-(1)Any person who, in public or private commits, or is party to the commission of, or procures or attempts to procure the commission by any person of , any act of gross indecency with another person, is guilty of an offence and liable on conviction to imprisonment for a term of not less than one year and not exceeding five years or to a fine not less than fifty thousand thousand shillings and not exceeding three hundred thousand shillings; (2) Notwithstanding subsection (1) where the offence is committed by a person of eighteen years of age or more in respect of any person under eighteen years of age, a pupil of a primary school or a student of a secondary school the offender shall be liable on conviction to imprisonment for a term not less than ten years, with corporal punishment, and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person. Sexual exploitation of children Acts. Nos. 4 of 1988 s.12; 21 of 2009 s.179
  13. 138B

    Sexual exploitation of children

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    A person who helps, arranges, induces, threatens, or pays to exploit a child for sexual activity or indecent exhibition commits an offence and can be imprisoned.

    138B.-(1) Any person who- (a) knowingly permits any child to remain in any premises for the purposes of causing such child to be sexually abused or to participate in any form of sexual activity or in any obscene or indecent exhibition or show; 74 The Penal Code [CAP. 16 R.E. 2019] (b) acts as a procurer of a child for the purposes of sexual intercourse or for any form of sexual abuse, or indecent exhibition or show; (c) induces a person to be a client of a child for sexual intercourse or for any form of sexual abuse, or indecent exhibition or show, by means of print or other media, oral advertisements or other similar means; (d) takes advantage of his influence over, or his relationship to, a child, to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show; (e) threatens, or uses violence towards, a child to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show; (f) gives monetary consideration, goods or other benefits to a child or his parents with intent to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show, commits an offence of sexual exploitation of children and is liable upon conviction to imprisonment for a term of not less than fifteen years and not exceeding thirty years without option of fine. (2) The court may, for compensation of such amount of money to be paid to the victim. in addition, order Grave sexual abuse Act No. 4 of 1998 s. 12
  14. 138C

    Grave sexual abuse

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    A person commits grave sexual abuse if they do a non-rape sexual act for sexual gratification in the listed non-consensual or coercive circumstances.

    138C.-(1) Any person who, for sexual gratification, does any act, by the use of his genital or any other part of the human body or any instrument or any orifice or part of the body of another person, being an act which does not amount to rape under section 130, commits the offence of grave sexual abuse if he does so in circumstances falling under any of the following descriptions, that is to say- (a) without the consent of the other person; (b) with the consent of the other person where the consent has been obtained by the use of force threat, or intimidation or putting that other person 75 The Penal Code [CAP. 16 R.E. 2019] in fear of death or of hurt or while that other person was in unlawful detention; (c) with the consent of the other person where such consent has been obtained at a time the other person was of unsound mind or was in a state of intoxication induced by alcohol or any drugs, matter or thing. (2) Any person who- (a) commits grave sexual abuse liable, on conviction to imprisonment for a term of not less than fifteen years and not exceeding thirty years, with corporal punishment, and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for the injuries caused to that person; is Sexual harassment Act No. 4 of 1998 s. 12 (b) commits grave sexual abuse on any person under eighteen years of age, is liable on conviction to imprisonment for a term of not less than twenty years and not exceeding thirty years, and shall also be ordered to pay compensation of an amount determined by the court to any person in respect of whom the offence was committed for injuries caused to that person.
  15. 138D

    Sexual harassment

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    Section 138D makes sexual harassment an offence and provides imprisonment, a fine, or both on conviction.

    138D.-(1) Any person who, with intention, assaults or by use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person, commits an offence of sexual harassment and to is imprisonment for a term not exceeding five years or to a fine not exceeding two hundred thousand shillings or to both and may also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person. liable on conviction (2) Whoever, intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object including any organ whether male or feminine, intending that such word or sound shall be heard, 76 The Penal Code [CAP. 16 R.E. 2019] Procuration for prostitution Ords. Nos. 47 of 1954 s. 3; 49 of 1955 s. 9; Act No. 4 of 1998 s. 13 or that the gesture or object shall be seen by the woman, or intrudes upon the privacy of the woman, commits the offence of sexual harassment. (3) For the avoidance of doubt, unwelcome sexual advances by words or actions used by a person in authority, in a working place or any other place, shall constitute the offence of sexual harassment. (4) For the purposes of this section an assault may include any act which does not amount to rape under section
  16. 130

    Rape

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    A prosecution under this section cannot be started or continued if the alleged victim’s complaint is made more than 60 days after the event.

    130. (5) No prosecution for an offence under this section shall be instituted or continued where the complaint is made by the alleged victim at any time more than sixty days after the occurrence of the event constituting the offence.
  17. 139

    Procuration for prostitution

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    Any person must not procure, attempt to procure, or detain people for prostitution-related conduct described in this section.

    139. Any person who- (a) procures, or attempts to procure, any person, whether male or female of whatever age, whether with or without the consent of that person, to become, within or outside, the United Republic, a prostitute; (b) procures, or attempts to procure, any person under eighteen years of age, to leave the United Republic, whether with or without the consent of that person, with a view to the facilitation of prohibited sexual intercourse with any person outside the United Republic, or removes, or attempts to remove from the United Republic, that person, whether with or without the consent of that person, for that purpose; (c) procures, or attempts to procure, any person of whatever age, to leave the United Republic, whether with or without the consent of that person, with intent that that person may become the inmate of, or frequent a brothel elsewhere, or removes or attempts to remove, from the United Republic any such person, whether with or without the consent of that person, for that purpose; (d) brings, or attempts to bring, into the United 77 The Penal Code [CAP. 16 R.E. 2019] Republic, any person under eighteen years of age with a view to prohibited sexual intercourse with any other person, inside or outside the United Republic; (e) procures, or attempts to procure, any person of whatever age, whether with or without the consent of that person, to leave that person’s usual place of abode in the United Republic, that place not being a brothel, with intent that that person may for the purposes of prostitution become the inmate of, or frequent, a brothel within or outside the United Republic; (f) detains any person without the consent of that person in any brothel or other premises with a view to prohibited sexual intercourse or sexual abuse of that person, commits an offence of procuration and is liable on conviction to imprisonment for a term of not less than ten years and not exceeding twenty years or to a fine of not less than fifty thousand thousand shillings and not exceeding three hundred thousand shillings or to both.
  18. 139A

    Repealed

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    Section 139A was repealed.

    139A. Repealed by Act No. 6 of 2008 s. 38.
  19. 140

    Procuring defilement

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    A person commits an offence if they use threats, false pretences, or drugs to procure prohibited sexual intercourse involving a girl or woman.

    140.-Any person who- (a) by any threats or intimidation procures or attempts to procure any girl or woman to have any prohibited sexual inside or outside the United Republic; or intercourse (b) by false pretences or false representations procures, any girl or woman to have prohibited sexual intercourse anywhere inside or outside the United Republic; or (c) applies, administers to, or causes to be taken by any girl or woman any drug, matter or thing with intent to stupefy or overpower her so as thereby to enable any man to have prohibited sexual intercourse with her, commits an offence and is liable on conviction to a fine 78 Repealed Procuring rape Ord. No. 49 of 1955 s. 7; Acts Nos. 4 of 1998 s. 15; 9 of 2002 Sch. The Penal Code [CAP. 16 R.E. 2019] of not less than fifty thousand thousand shillings and not exceeding three hundred thousand shillings or imprisonment for a term of not less than ten years and not exceeding twenty years or to both and shall be ordered to pay for an amount to be determined by the court. House holder, etc., permitting defilement of girl on his premises Act No. 21 of 2009 s. 181 House holder etc., permitting defilement of girl under eighteen years of age on his premises Act No. 21 of 2009 s. 182 Detention in any premises with intent, or in brothel
  20. 141

    Householder, etc., permitting defilement of girl on his premises

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    A person who controls premises and lets or causes a woman to be there for sex with a man commits an offence and may be imprisoned for five years.

    141. Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman to resort to or be upon those premises for the purpose of sexual intercourse with any man whether such sexual intercourse is intended to be with any particular man or to generally, imprisonment for five years. is guilty of an offence and liable is
  21. 142

    Householder, etc., permitting defilement of girl under eighteen years

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    A person who controls premises must not allow or encourage a woman aged over 15 and under 18 to be there for unlawful sex, and a reasonable mistake about her being 18 or older can be a defence.

    142. Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman above the age of fifteen years and under the age of eighteen years to resort to or be upon the premises for the purpose of unlawful sexual intercourse with a man, whether such intercourse intended to be with any particular man or generally, is guilty of an offence: Provided that, it shall be a sufficient defence to a charge under this section if it is made to appear to the court before which that person is charged that he had reasonable cause to believe and did in fact believe that the woman was of or above the age of eighteen years.
  22. 143

    Detention in any premises with intent, or in brothel

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    A person must not detain a woman against her will in premises or a brothel for unlawful sexual intercourse, and must not use withheld clothing or threats to keep her there.

    143.-(1) Any person who detains a woman against her will- (a) in or upon any premises with intent that she may have unlawful sexual intercourse with any man, whether any particular man or generally; or (b) in any brothel, is guilty of an offence. (2) When a woman is in or upon any premises for the purpose of having unlawful sexual intercourse or is in any brothel, a person shall be deemed to detain her there if, with intent to compel or induce her to remain in or upon the 79 The Penal Code [CAP. 16 R.E. 2019] Power of search Acts Nos. 55 of 1963 6th Sch. 21 of 2009 s. 183 Cap. 4 s.8 premises or in the brothel, that person withholds from her any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to her by or by the directions of that person, that person threatens her with legal proceedings if she takes away with her the wearing apparel so lent or supplied. (3) No legal proceedings, whether civil or criminal, shall be taken against any woman referred to in this section for taking away or being found in possession of any wearing apparel as was necessary to enable her to leave the premises or brothel.
  23. 144

    Power of search

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    A magistrate may issue a warrant to search for and detain a woman suspected of being unlawfully detained for immoral purposes, and may also authorize apprehension of the accused person.

    144.-(1) Where appears to a magistrate, on information made before him on oath by a parent, relative or guardian of a woman or any other person who, in the opinion of the magistrate, is acting bona fide in the interests of the woman or person that there is reasonable cause to suspect that that woman is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of the magistrate, the magistrate may issue a warrant authorising the person named therein to search for, and, when found, to take to and detain her in a place of safety until she can be brought before a magistrate; and the magistrate before whom she is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require. (2) A magistrate issuing the warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining the woman to be apprehended and brought before a magistrate and proceedings to be taken for punishing that person according to law. (3) A woman shall be deemed to be unlawfully detained for immoral purposes if she is so detained for purposes of unlawful sexual intercourse whether with any particular man or generally; and- (a) either she is under the age of eighteen years; (b) if she is of or over the age of eighteen years and 80 The Penal Code [CAP. 16 R.E. 2019] under the age of eighteen years, is so detained against her will or against the will of any of her parents or of any person having the lawful care or charge of her; or (c) if she is of or over the age of eighteen years and is so detained against her will. (4) Any person uthorized by warrant under this section to search for a woman so detained may enter (if need be by force) any house, building or other place mentioned in the warrant, and may remove her therefrom.
  24. 145

    Male person living on earnings of prostitution or persistently

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    A male person commits an offence if he knowingly lives on the earnings of prostitution or persistently solicits or importunes in a public place for immoral purposes.

    145.-(1) A male person who- (a) knowingly lives wholly or in part on the earnings of prostitution; or (b) in any public place persistently solicits or importunes for immoral purposes, is guilty of an offence and in the case of a second or subsequent conviction under this section the court may, in addition to any term of imprisonment awarded, sentence the offender to corporal punishment. (2) Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such manner as to show that he is aiding, abetting or compelling her prostitution with any other person or generally, he shall unless he satisfies the court to the contrary be deemed to be knowingly living on the earnings of prostitution.
  25. 146

    Woman living on, or aiding, prostitution

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    A woman who knowingly lives on prostitution earnings, or who for gain controls or influences a prostitute’s movements in a way that aids, abets, or compels prostitution, commits an offence.

    146. A woman who knowingly lives wholly or in part on the earnings of prostitution or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of an offence. Male person living on earnings of prostitution or persistently soliciting Woman living on, or aiding prostitution Power of search Act No. 21 0f 2009

Part

part on the earnings of prostitution or who is proved to have,

  1. 147

    Power of search

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    A magistrate may issue a warrant for police to enter and search a house and arrest a person if there is sworn reason to suspect the house is used for prostitution and related conduct.

    147. Where it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a person for purposes 81 The Penal Code [CAP. 16 R.E. 2019] s. 184 Cap. 4 s.8 Brothels Conspiracy to induce unlawful sexual intercourse Ord. No. 47 of 1954 s. 3 Attempts to procure abortion Procuring own miscarriage Supplying drugs or instruments to procure abortion of prostitution, or and that any person residing in or frequenting the house is knowingly living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorising any police officer to enter and search the house and to arrest such person.
  2. 148

    Brothels

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    A person commits an offence if they keep any house, room, set of rooms, or other place for prostitution.

    148. Any person who keeps a house, room, set of rooms or place of any kind whatsoever for the purposes of prostitution is guilty of an offence.
  3. 149

    Conspiracy to induce unlawful sexual intercourse

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    A person who conspires to use false or fraudulent means to make a woman permit unlawful sexual intercourse commits an offence and can be imprisoned for three years.

    149. Any person who conspires with another to induce any woman, by means of any false pretence or other fraudulent means, to permit a man to have unlawful sexual intercourse with her is guilty of an offence and is liable to imprisonment for three years.
  4. 150

    Attempts to procure abortion

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    150. Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever is guilty of an offence and is liable to imprisonment for fourteen years.
  5. 151

    Procuring own miscarriage

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    A pregnant woman who unlawfully tries to procure her own miscarriage by using poison, force, or any other means, or by allowing such means to be used on her, commits an offence.

    151. A woman being with child who with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, or permits any such thing or means to be administered or applied to her, is guilty of an offence and is liable to imprisonment for seven years.
  6. 152

    Supplying drugs or instruments to procure abortion

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    A person who unlawfully supplies or procures something for another, knowing it will be unlawfully used to procure a woman’s miscarriage, commits an offence.

    152. Any person who unlawfully supplies to or procures for another anything whatsoever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of an offence, and is liable to imprisonment for three years. 82 The Penal Code [CAP. 16 R.E. 2019] Knowledge of age of female immaterial
  7. 153

    Knowledge of age of female immaterial

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    For offences involving a woman under a specified age, the accused’s lack of knowledge or mistaken belief about her age is immaterial unless the law expressly states otherwise.

    153. Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman under a specified age, that the accused person did not know that the woman was under that age, or believed that she was not under that age. Unnatural offences Ord. No. 47 of 1954 s. 3; Acts Nos. 4 of 1998 s. 16; 21 of 2009 s. 185 Attempt commit unnatural offences Ord. No. 47 of 1954 s. 3; Act No. 4 of 1998 s. 17 Indecent assault of boys under fourteen Ord. No. 10 of 1959 s.3; Acts Nos. 4 of 1998 s. 18; 21 of 2009 s. 186
  8. 154

    Unnatural offences

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    This section makes certain sexual acts and bestiality offences, and sets prison sentences for them.

    154.-(1) Any person who- (a) has carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence, and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years. (2) Where the offence under subsection (1) is committed to a child under the age of eighteen years the offender shall be sentenced to life imprisonment.
  9. 155

    Attempt to commit unnatural offences

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    Anyone who attempts to commit the offences in section 154 commits an offence and, if convicted, must be imprisoned for at least 20 years.

    155. Any person who attempts to commit any of the offences specified under section 154 commits an offence and shall on conviction be sentenced to imprisonment for a term of not less than twenty years.
  10. 156

    Indecent assault of boys under fourteen

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    A person who unlawfully and indecently assaults a boy under 18 commits an offence and can be imprisoned for life.

    156.-(1) Any person who unlawfully and indecently assaults a boy under the age of eighteen years is guilty of an offence and is liable to imprisonment for life. (2) Where a charge for indecent assault under this section relates to a boy under the age of fifteen years, it shall be no defence to the charge that he consented to the act of indecency. Indecent practices between males Ord. No.
  11. 157

    Indecent practices between males

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    A male person must not commit, procure, or try to procure gross indecency with another male person, whether in public or private.

    157. Any male person who, whether in public or private, commits any act of gross indecency with another male person or procures another male person to commit any 83 The Penal Code [CAP. 16 R.E. 2019] 47 of 1954 s. 3 Incest by males Act No. 4 of 1998 s. 19 act of gross indecency with him, or attempts to procure the commission of any such act by any male person, with himself or with another male person, whether in public or private, is guilty of an offence and is liable to imprisonment for five years.
  12. 158

    Incest by males

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    158.-(1) Any male person who has prohibited sexual intercourse with a female person, who is to his knowledge his granddaughter, daughter, sister or mother, commits the offence of incest, and is liable on conviction- (a) if the female is of the age of less than eighteen years, to imprisonment for a term of not less than thirty years; (b) if the female is of the age of eighteen years or more, to imprisonment for a term of not less than twenty years. (2) It is immaterial that the sexual intercourse was had with the consent of the woman. (3) A male person who attempts to commit an offence under this section is guilty of an offence.
  13. 159

    Order for guardianship

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    If a person is convicted of an offence under section 158 against a woman under 21, the court may take away the offender’s authority over her, remove her from the offender’s guardianship, and appoint a guardian. The High Court may later vary or rescind the order.

    159. On the conviction before any court of any person of an offence under section 158, against any woman under the age of twenty-one years, the court may divest the offender of all authority over the woman and, if the offender is her guardian, remove the woman from offender’s guardianship, and in any such case may appoint any person or persons to be the guardian or guardians of the woman during her minority or for any lesser period: Provided that, the High Court may at any time vary or rescind the order by the appointment of any other person as a guardian or in any other respect.
  14. 160

    Incest by females

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    160. Any female person of or above the age of eighteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son as the case may be) commits the offence of incest and is liable to imprisonment for life or for imprisonment of not less than thirty years and shall, in addition, be ordered to pay compensation of an amount determined by the court to the 84 Order for guardianship Incest by females Acts Nos. 4 of 1998 s.20; 21of 2009 s.187 The Penal Code [CAP. 16 R.E. 2019] Punishment for sexual offences Act No. 9 of 2002 Sch. Cap. 101 Punishment of Children Act No. 19 of 2007 s.8 Test of relationship Indecent communication of photos, videos, pictures or images Act no. 13 of 2019 s.65 victim in respect of whom the offence was committed: Provided that, if the male person is below the age of eighteen years, to imprisonment of not less than thirty years.
  15. 160A

    Punishment for sexual offences

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    If a person is convicted of a sexual offence under Chapter XV, the court must sentence them to imprisonment for the term set by that Chapter.

    160A. Where any person is convicted of any sexual offence specified under Chapter XV of this Code, as amended by the Sexual Offences Special Provisions Act, the court shall sentence such person to imprisonment for a term prescribed under the Chapter.
  16. 160B

    Punishment of Children

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    The court may use sentencing powers to avoid imposing cruel sentences on people aged 18 or under.

    160B. For promotion and protection of the right of the child, nothing in chapter XV of this Code shall prevent the court from exercising- (a) reversionary powers that, cruel sentences are not imposed to persons of or below the age of eighteen years; or to satisfy (b) discretionary powers in imposing sentences to persons of or below the age of eighteen years.
  17. 161

    Test of relationship

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    A person must not take or share images of corpses, dead persons, crime victims, or gruesome incidents, except for listed purposes such as criminal investigations, burials, or other permission given by a police officer or authorised officer.

    161. In sections 158 and 160 the expressions “brother” and “sister”, respectively, include half-brother and half-sister and the provisions of those sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock. 162(1). A person shall not-. (a) save as provided for under subsection (2), take photos, pictures, videos or images of corpses, dead persons, victims of crimes or gruesome incidents; or (b) intentionally and without authority, use any form of communication to share pictures, videos or photos of corpses, dead persons, victims of crimes or gruesome incidents. (2) The provision of subsection (1) shall not apply to taking of photos, pictures, videos or images of corpses, dead persons, victims of crimes or gruesome incidents for the 85 The Penal Code [CAP. 16 R.E. 2019] purposes of- (a) criminal investigations; (b) burial ceremonies, in the case of corpses and dead persons; or (c) any other purposes as may be permitted by the police officer or other authories officer. (3)A person who contravenes the provisions of this section commits an offence and on conviction is liable to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both. CHAPTER XVI OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS Fraudulent pretence of marriage Repealed Marriage ceremony fraudulently gone through without lawful marriage Desertion of children Act No. 21 of 2009 s. 188

Part

CHAPTER XVI

  1. 163

    Fraudulent pretence of marriage

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    A person who fraudulently makes a woman believe she is lawfully married to him and then cohabits or has sex with her in that belief commits an offence.

    163. Any person who willfully and by fraud causes a woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief is guilty of an offence and liable to imprisonment for ten years.
  2. 164

    Repealed

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    This section was repealed.

    164. Repealed by Act No. 5 of 1971 s. 166(2).
  3. 165

    Marriage ceremony fraudulently gone through without

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    A person who fraudulently or dishonestly goes through a marriage ceremony, knowing they are not lawfully married, commits an offence.

    165. Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of an offence and liable to imprisonment for five years.
  4. 166

    Desertion of children

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    A parent, guardian, or other person caring for a child under 18 must not willfully desert the child and leave the child without support if able to maintain the child.

    166. Any person who being the parent, guardian or other person having the lawful care or charge of a child whose apparent age is not more than eighteen years, and being able to maintain the child, willfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of an offence. Neglecting to provide food, etc., for children Act No. 21 of 2009
  5. 167

    Neglecting to provide food, etc., for children

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    A person who has lawful care of a child under 18 must not refuse or neglect to provide enough food, clothing, bedding, and other necessities if able to do so.

    167. Any person who, being the parent or guardian or other person having the lawful care or charge of any child whose apparent age is not more than eighteen years and unable to provide for itself, refuses or neglects to provide (being able to do so) sufficient food, clothes, bedding and 86 The Penal Code [CAP. 16 R.E. 2019] s. 189 Master not providing for servants or apprentices Child stealing Act No. 21 of 2009 s. 190 other necessaries of life for the child, so as to injure the health of that child, is guilty of an offence
  6. 168

    Master not providing for servants or apprentices

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    A master or mistress legally responsible for an apprentice or servant must provide necessary food, clothing, or lodging, and must not willfully refuse or neglect to do so or unlawfully and maliciously cause bodily harm endangering life or health.

    168. Any person who, being legally liable either as a master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, willfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to the apprentice or servant so that the life of that apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of an offence.
  7. 169

    Child stealing

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    Taking, detaining, receiving, or harbouring a child under 18 with intent to deprive the lawful carer is an offence punishable by 7 years’ imprisonment.

    169.-(1) Any person who, with intent to deprive a parent, guardian or other person who has the lawful care or charge of a child under the age of eighteen years, of the possession of that child- (a) forcibly or fraudulently takes or entices away, or detains the child; or (b) receives or harbours the child, knowing it to have been so taken or enticed away or detained, is guilty of an offence and is liable to imprisonment for seven years. (2) It is a defence to a charge under this section to prove that the accused person claimed in good faith a right to the possession of the child or, in the case of a child born out of wedlock, is its mother or claimed to be its father.
  8. 169A

    Cruelty to children

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    A person who has custody, charge, or care of a child under 18 must not ill-treat, neglect, abandon, cause female genital mutilation, or procure assault of the child. Conviction can lead to imprisonment, a fine, and compensation.

    169A.-(1) Any person who, having the custody, charge or care of any person under eighteen years of age, ill treats, neglects or abandons that person or causes female genital mutilation or carries or causes to be carried out female genital mutilation or procures that person to be assaulted. ill-treated, neglected or abandoned in a manner likely to cause him suffering or injury to health, including injury to, or loss of, sight or hearing, or limb or organ of the body or any mental derangement, commits the offence of cruelty to children. 87 Cruelty to children Act Nos. 4 of 1998 s. 21; 10 of 2001 Sch. The Penal Code [CAP. 16 R.E. 2019] (2) Any person who commits the offence of cruelty to children is liable on conviction to imprisonment for a term of not less than five years and not exceeding fifteen years or to a fine not exceeding three hundred thousand shillings or to both and an shall be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for the injuries caused to that person. CHAPTER XVII PYRAMID SCHEMES NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE Common nuisance Act No. 3 of 2011 s.8 Prohibition of pyramid and other similar schemes Acts. Nos. 8 of 2006 Sch. 3 of 2011 s.8

Part

CHAPTER XVII

  1. 170

    Common nuisance

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    A person who does an unlawful act or fails to perform a legal duty, causing common injury, danger, annoyance, or public inconvenience, commits common nuisance and may be imprisoned for one year.

    170.-(1) Any person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights commits the offence termed a “common nuisance”, and is liable to imprisonment for one year. (2) It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public. [s. 170]
  2. 171A

    A person who conducts or manages a pyramid

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    Running or managing a pyramid scheme is an offence; the Minister may exempt specified schemes by Gazette Order.

    171A. A person who conducts or manages a pyramid scheme commits an offence. (2) A “pyramid scheme” means an operation or contrivance whereby a person: (a) holds out a promise to another person or persons that upon- (i) the payment of a specific sum of money; (ii) giving a certain amount of valuable security; or (iii) obliging another person or persons to pay the specific amount of money or to give a certain amount of valuable security, that person shall become entitled to receive a sum of money or an amount of valuable security which, given all commercial 88 The Penal Code [CAP. 16 R.E. 2019] considerations, is greater than the money or valuable security given or a return on the investment of the money or valuable security so given; (b) makes any payment or for the benefit of the promoter or to any of the promoters, or for the benefit of a participant in the scheme; Act No. 3 of 11 s.8(a) Cap. 4 s.8(b) (c) sends or cause to be sent any chain letter or who sends or receives any money or money’s worth in connection with any chain letter. (2A) “chain letter” as used in paragraph (c) of subsection (2) means a document addressed by one person to another suggesting to that other person- (a) that he should send a document having the same purport to a number of other persons; (b) that he should remit to a person or to an address specified in the first mentioned document money or money’s worth. (3) A person who contravenes subsection (1), shall upon conviction be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years. (4) This section shall apply to any of such scheme whereby- (a) the prospect is held out to participants in the scheme receiving payments or other benefit in respect of any of the following- (i) the Introduction by any person or other person who becomes participants in the scheme; (ii) the continued participation by participants in the scheme; (iii)the promotion, transfer or other change of status of participant in the scheme; (iv) the supply of goods or services by any person to or for other persons; 89 The Penal Code [CAP. 16 R.E. 2019] (v) the acquisition of goods or services by any person; (b) goods or service or both, are to be- (i) provided by the person promoting the scheme or, in the case of the scheme promoted by two or more persons acting in concert, by one or more of those persons; (ii) provided to or for other persons under a transaction effected by the participant, whether in the capacity as an agent of the promoter or one of the promoters or in any other capacity; (iii)used for the purpose of any supply of goods or services to or for other persons under the scheme; (iv) supplied by the promoter or any of the promoters to or for persons introduced to him or any of the other promoter (or an employee or agent of his or theirs) by participants. (5) For the purpose of subsection (2), a prospect shall be deemed to have been held out to a participant whether it is held out so as to confer on that participant a legally enforceable right or not. (6) This section shall not apply to any scheme- (a) under which the promoter or any of the promoters or participants is top carry on to is purported to carry on investment business in the United Republic in accordance with any written law; or (b) which otherwise falls within a description of exempted scheme. (7) The Minister may, by Order published in the Gazette, exempt any scheme of a kind specified in the Order, from the operation of this section. [s.171A] 90 The Penal Code [CAP. 16 R.E. 2019] Gaming houses Prohibition against inducement Act No. 8 of 2006 Sch.
  3. 171

    Gaming houses

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    A person who runs, permits, helps conduct, or is found in a common gaming house may commit an offence, with fines and possible imprisonment. Another offence covers inducing people to make payments for a scheme or to become participants.

    171.-(1) Any person being the owner or occupier, or having the use of, any house, room or place, who opens, keeps, or uses it for the purpose of unlawful gaming being carried on therein, and any person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept or used by any other person for any of those, purposes, and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for such purposes is said to keep a common gaming house. (2) In this section “unlawful gaming” means any game the chances of which are not alike favourable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet. (3) Any person who keeps a common gaming house is guilty of an offence. (4) Any person other than a person mentioned in subsection (1) who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming and is guilty of an offence and liable to a fine of fifty thousand shillings for the first offence, and for each subsequent offence to a fine of four hundred shillings or imprisonment for three months or to both. 171B-(1) Any person who induces or attempts to induce any person to- (a) make any payment to or for the benefit of the promoter or any of the promoters or, to or for the benefit of any participant in a scheme; or (b) become a participant and to make any payment to or for the benefit of the promoter or, to or for the benefit of any participant in a scheme, commits an offences and shall upon conviction be liable to a fine or not exceeding five to imprisonment for a term not exceeding five years. million shillings or (2) In determining whether an inducement or attempt to induce is made by holding out a prospect, it shall be 91 The Penal Code [CAP. 16 R.E. 2019] sufficient if the prospect constitutes or would constitute a substantial part of the inducement. (3) Where an offence has been committed by any participant, every promoter of the scheme shall strictly be held liable for such commission of the offence. (4) Where a person is charged with an offence in respect of an advertisement, it shall be a defence for that person to prove that, he is a person whose business is to publish or arrange for the publication in the advertisements, and that he received the advertisement for publication in the ordinary cause of business and did not know, and had no reason to suspect that the publication would amount to an offence. (5) Where a promoter is charged by reason of commission of an offence by another person pursuant to subsection (4), it shall be a defence for that promoter to prove that the act constituting an offence was committed without his consent.
  4. 171C

    (1) For the purposes of sections 171A and

    Verify source ↗

    This section defines “goods,” “participants,” and “scheme” for sections 171A and 171B, and says references to supplying goods also include granting or transferring a right or interest.

    171C- (1) For the purposes of sections 171A and 171B, unless the context requires otherwise- “goods” includes property of an description and a right to or interest in any property; “participants” in relation to a scheme, means a person other than a promoter or any of the promoters who participated in the scheme; “scheme” means any arrangement made in connection with the carrying on of a business whether such arrangement is made or recorded wholly or partly in writing or not. (2) Any reference to the provision or supply of goods shall be construed as including a reference to the grant or transfer of a right or interest.
  5. 172

    Betting houses

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    A place is a common betting house if it is used for betting or related payout arrangements. An owner or occupier who knowingly and willfully allows it, or who manages or helps run it, commits an offence and may be imprisoned for one year.

    172.-(1) Any house, room or place is called a common betting house if it is used for any of the following purposes, that is to say- (a) for the purpose of bets being made therein between person resorting to the place and- (i) the owner, occupier or keeper of the place, or any person using the place; 92 Interpretation Act No. 8 of 2006 Sch. Betting houses The Penal Code [CAP. 16 R.E. 2019] (ii) any person procured or employed by or acting for or on behalf of any such owner, occupier or keeper, or person using the place; or (iii)any having person management, in or conducting the business, of the place; or care the any manner (b) for the purpose of any money or other property being paid or received therein by or on behalf of the owner, occupier or keeper, or person using the place, as or for consideration- (i) for an assurance, undertaking, promise or agreement express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race or other race, fight, game, sport or exercise; or (ii) for securing the paying or giving by some other person of any money or other property or contingency. event such any on (2) Any person who, being the owner or occupier of any house, room or place, knowingly and willfully permits it to be opened, kept or used as a common betting house by another person, or who has the use or management, or assists in conducting the business, of a common betting house, is guilty of an offence, and is liable to imprisonment for one year: Provided that, it shall not be an offence to use a totalisator by a race club, gymkhana club or sports club recognised by the Government at any public meeting, with the approval in each case of the Inspector-General of Police and; in this proviso, “totalisator” means the instrument, machine or contrivance, commonly known as the totalisator and any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles. 93 The Penal Code [CAP. 16 R.E. 2019] Repealed Repealed Repealed Keeper of premises defined Traffic in obscene publications Act No 3 of 1995 Sch. Cap. 4 s.8
  6. 173

    Repealed

    Verify source ↗

    This section was repealed.

    173. Repealed by Act No. 23 of 1967 s. 25
  7. 173B

    Repealed

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    This section was repealed.

    173B. Repealed by Act No. 3 of 2011 s. 9
  8. 174

    Keeper of premises defined

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    A person who acts like the master or mistress, or who manages the relevant house, room, set of rooms, or place in sections 171 and 172, is treated as the keeper even if not the real keeper.

    174. Any person who appears, acts or behaves as master or mistress, or as the person having the care or management of the house, room, set of rooms or place is mentioned in sections 171 and 172 is to be taken to be the keeper, whether he is or is not the real keeper.
  9. 175

    Traffic in obscene publications

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    A person must not make, distribute, import, sell, advertise, or publicly exhibit obscene material or indecent shows that tend to corrupt morals.

    175.-(1) Any person who- (a) for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his possession any obscene writing drawing, print, painting printed matter, picture, poster, emblem, photograph, cinematograph film or any other obscene object or other object tending to corrupt morals; (b) for any of the purposes referred to in paragraph (a) imports, conveys or exports, or causes to be imported, conveyed or exported any such matters or things, or in any manner whatsoever puts any of them in circulation; (c) carries on or takes part in any business, whether public or private, concerned with any such matters or things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or exhibits any of them publicly, or makes a business of lending any of them; (d) advertises or makes known by any means the whatsoever with a view circulation of, or traffic in, any such matters or things, that a person is engaged in any of the acts to assisting 94 The Penal Code [CAP. 16 R.E. 2019] referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly; or (e) publicly any exhibits indecent show or performance or any show or performance tending to corrupt morals, is guilty of an offence, and is liable to imprisonment for two years or to a fine of two hundred thousand shillings. (2) Where in respect of any offence specified in paragraphs (a), (b), (c) or (d) of subsection (1), any constitutive element of the offence is committed in Mainland Tanzania the commission shall be sufficient to render the person accused of that offence triable in Mainland Tanzania. (3) A court, on convicting a person of an offence against this section, may order to be destroyed any matter or thing made, possessed or used for the purpose of that offence. (4) A court may, on the application of a public prosecutor, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under the provisions of this section in respect of the obscene matter or thing.
  10. 176

    Idle and disorderly persons

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    Several listed behaviours make a person an idle and disorderly person, punishable by a fine, up to three months in prison, or both.

    176. Any of the following persons- (a) a common prostitute behaving in a disorderly or indecent manner in a public place or loitering or soliciting in a public place for the purposes of prostitution; (b) a person wandering or placing himself in a public place to beg or gather alms, or causing or procuring or encouraging a child so to do; 95 Idle and disorderly parsons Acts Nos. 49 of 1962; 11 of 1983 Sch. The Penal Code [CAP. 16 R.E. 2019] (c) a person playing at any game of chance for money or money’s worth in a public place; (d) a person wandering abroad and endeavoring by the exposure of wounds or deformation to obtain or gather alms; (e) a person who publicly conducts himself in a manner likely to cause a breach of the peace; (f) a person who without lawful excuse publicly does any indecent act; (g) a person who in any public place solicits for immoral purposes; (h) an able-bodied person who is not engaged in any productive work and has no visible means of subsistence; or (i) a person employed under lawful employment of any description who is, without any lawful excuse, found engaged on a frolic of his own at a time he is supposed to be engaged in activities connected or relating to the business of his employment, shall be deemed to be an idle and disorderly person and shall be liable to a fine not exceeding to imprisonment for a period not exceeding three months or to both. five hundred shillings or Harbouring common prostitutes Act No. 49 of 1996 s. 3 13 of 2019 s. 65 Rogues and vagabonds Ord. Nos. 3 of 1950 s. 2; 10 of 1956
  11. 176A

    Harbouring common prostitutes

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    Keepers of bars, hotels, shops, rooms, or similar public places must not knowingly allow common prostitutes to gather and stay on the premises for prostitution.

    176A. Any person who, being the keeper of any bar, hotel, house, shop, room or other place of public resort for the sale or consumption of refreshments of any kind, knowingly permits or suffers common prostitutes to assemble at and remain on his premises for the purpose of prostitution, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred shillings or, in the case of a second or subsequent offence, to a fine not exceeding fifty thousand shillings.
  12. 177

    Rogues and vagabonds

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    Certain listed persons may be treated as rogue and vagabonds and convicted of an offence; public subscription collection in a public place needs prior written consent unless an exception applies.

    177. Any of the following persons- (a) a person convicted of an offence under section 176 after having been previously convicted as an idle and disorderly person; (b) a person going about as gatherer or collector of 96 The Penal Code [CAP. 16 R.E. 2019] s.4 Act No. 49 of 1962 s. 4; G.N. No. 73 of 1965 alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; (c) a suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself; (d) a person found in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose; or (e) a person who, without the prior consent in writing in that behalf of the District Commissioner, or, in the case of an urban authority, the police officer in charge of the police in that authority, collects, or makes any appeal for subscriptions of money in any public place for any purpose, shall be deemed to be a rogue and vagabond, and shall be guilty of an offence and liable for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year: Provided that, paragraph (e) of this section shall not apply to- (a) any person who, or the duly authorised representative of any organisation which, has received the written consent of the Inspector- General of Police to collect, or make any appeal for, subscription of money for religious or charitable purposes; or (b) any person authorised to collect or make any appeal for subscriptions of money under the provisions of any law, including any by-law, in force in Mainland Tanzania: Provided further that, for the purposes of paragraph (e) of this section, the definition “public place” in section 5 of this Code shall not be deemed to include any recognised place of religious worship. 97 The Penal Code [CAP. 16 R.E. 2019] Failure to account for money collected by public subscription Ord. No. 3 of 1950 s. 3; Act No. 2 of 1972 Sch. Offences relating to uniforms R.L Cap. 455, s. 23; G.N. Nos. 478 of 1962; 73 of 1965
  13. 177A

    Failure to account for money collected by public subscription

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    A person who collected subscription money in Mainland Tanzania must, when required by the District Commissioner or relevant police officer, produce or publish full and correct accounts of the money and how it was used.

    177A. Subject to the provisions of any other law, including any by-law, any person, whether or not he has received any written consent referred to in the first proviso to section 177, or has been authorized as in paragraph (a) or (b) of that proviso who, having collected or procured to be collected money by subscription in Mainland Tanzania fails, if and when required so to do by District Commissioner, or in the case of an urban authority by the police officer in- charge of the Police in that authority, either to produce to the District Commissioner or the police officer, or to publish in a newspaper designated by the District Commissioner or the police officer, as he may be required, full and correct accounts of any money received by subscription and of its disposal, shall be guilty of an offence and liable for the first offence to imprisonment for two years and for every subsequent offence, to imprisonment for three years.
  14. 178

    Offences relating to uniforms

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    This section makes it an offence for unauthorized people to wear certain military or police-style uniforms, to wear them contemptuously, or to trade in them without permission; it also allows forfeiture of the items.

    178.-(1) Any person who, not being a person serving in the Defence Forces of the United Republic or in any the police force established by permission of the President the uniform of any of those forces or any attire having the appearance or bearing any of the regimental or other distinctive marks of such uniform or attire is guilty of an offence and liable to imprisonment for one month or to a fine of two hundred shillings: law, wears without Provided that, nothing in this section shall prevent any person from wearing any uniform or attire in the course of a stage play performed in any place in which stage plays may lawfully be publicly performed, or in the course of a music hall or circus performance, or in the course of any bona fide military representation. (2) Any person who unlawfully wears the uniform or attire of any of the forces referred to in subsection (1), or any dress having the appearance or bearing any of the regimental or other distinctive marks of the uniform, in such a manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear the uniform or dress, is guilty of an offence and is liable to imprisonment for three months or to a fine of four hundred shillings. 98 The Penal Code [CAP. 16 R.E. 2019] (3) Any person who, not being in the service of the United Republic or not having previously received the written permission of the Inspector-General or Police so to do, imports or sells or has in his possession for sale any uniform or the buttons or badges appropriate to it, is guilty of an offence and is liable to imprisonment for six months or to a fine of two hundred thousand shillings. (4) Where a person is convicted of an offence under this section, the uniform, attire, button, badge or other thing in respect of which the offence was committed shall be forfeited unless the court orders otherwise. Negligent act likely to spread infection
  15. 179

    Negligent act likely to spread infection

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    A person commits an offence if they unlawfully or negligently do an act they know, or have reason to believe, is likely to spread infection of a disease dangerous to life.

    179. A person who unlawfully or negligently does any act which is and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life is guilty of an offence. Adulteration of food or drink intended for sale
  16. 180

    Adulteration of food or drink intended for sale

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    A person commits an offence if they adulterate food or drink so it becomes noxious, while intending it to be sold or knowing it is likely to be sold.

    180. Any person who adulterates any article of food or drink, so as to make the article noxious as food or drink, intending to sell the article as food or drink, knowing it to be likely that it will be sold as food or drink, is guilty of an offence. Sale of noxious food or drink Adulteration drugs
  17. 181

    Sale of noxious food or drink

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    A person must not sell, offer, or expose for sale as food or drink any article that is noxious or unfit for food or drink, if they know or have reason to believe that it is noxious.

    181. Any person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that it is noxious as food or drink, is guilty of an offence.
  18. 182

    Adulteration of drugs

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    A person must not adulterate a drug or medical preparation so it becomes less effective, works differently, or is noxious, if the person intends it to be sold or used for medicinal purposes as though it were not adulterated.

    182. Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of the drug or medical preparation, or to make it noxious, intending that is shall be sold or used for any medicinal purpose, as it had not undergone adulteration, is guilty of an offence. if 99 The Penal Code [CAP. 16 R.E. 2019] Sale of adulterate drugs
  19. 183

    Sale of adulterated drugs

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    A person who knowingly handles adulterated drugs or medical preparations in specified ways commits an offence.

    183. Any person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells it or offers or exposes it for sale, or issues it as from unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, is guilty of an offence. for medicinal purposes any dispensary Fouling water
  20. 184

    Fouling water

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    A person must not voluntarily corrupt or foul the water of a public spring or reservoir so that it becomes less fit for its usual use.

    184. Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of an offence Fouling air Offensive trades the
  21. 185

    Fouling air

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    A person commits an offence if they voluntarily pollute the air in a place so that it becomes harmful to people nearby or passing by.

    185. Any person who voluntarily vitiates atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, is guilty of an offence.
  22. 186

    Offensive trades

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    A person who makes loud noises or offensive unwholesome smells, in a way that annoys many people exercising their common rights, commits an offence.

    186. Any person who, for the purposes of trade or otherwise, makes loud noises or offensive unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights, commits an offence and is liable to the same penalty prescribed under subsection (1) of section 171A. CHAPTER XVIII DEFAMATION Repealed

Part

CHAPTER XVIII

  1. 187

    194. Repealed

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    Sections 187 to 194 are repealed.

    187.-194. Repealed by Act No.3 of 1976 s. 55 CHAPTER XIX HOARDING AND ALLIED OFFENCES Hoarding of commodities Act No. 11 of 1983 Sch.; 12 of 1987

Part

CHAPTER XIX

  1. 194A

    Hoarding of commodities

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    This section makes hoarding commodities an offence in several specified situations and allows the court to punish a conviction with imprisonment, a fine, or both, and may order forfeiture of the commodity.

    194A.-(1) Any person, whether or not licensed to carry on the business of selling a commodity of any description shall be guilty of the offence of hoarding against this section if, not being a manufacturer or producer of the commodity- 100 The Penal Code [CAP. 16 R.E. 2019] s. 13 Cap. 229 (a) he is found in possession of a commodity of the value of one million shillings or less which is in demand by the public in the locality concerned, in circumstances in which it can be inferred that it is not displayed or stocked for lawful sale or use or available for purchase by any person offering the lawful price; (b) he sells or offers any commodity for sale at a price or subject to a term or condition which is unlawful or which, having regard to all relevant circumstances, is unreasonable; or (c) in the course of carrying on the business of selling any commodity, he engages in any trade practice which is intended or likely- (i) to create an artificial shortage in the supply of any commodity; (ii) to aggravate an actually existing shortage in the supply of any commodity; or (iii)to cause an unlawful increase or decrease in the official or commercially accepted price of any commodity; or (iv) to adversely affect the fair distribution of any commodity amongst the purchasing population of the area concerned, and on conviction shall be liable to imprisonment for a term not exceeding fourteen years or to a fine not exceeding fifty thousand thousand shillings or to both and the court may, in addition order that the commodity be forfeited to the Government, unless any other person satisfies the court that any of that commodity belonged to him and not to the accused, and that other person is himself not guilty of an offence under this section. (2) For the purposes of this section- (a) a person shall be deemed to have in stock any commodity of any description in any place if he is the owner of any amount or quantity of such commodity; 101 The Penal Code [CAP. 16 R.E. 2019] (b) “person” includes any employee or agent of the accused person (whether or not the employment or agency would be such at law) and where the employee or agent is charged with an offence under this paragraph the provisions of subsection (3) shall apply mutatis mutandis to the employee or agent as they apply where the person charged, is the employer or, as the case may be, the agent; (c) whether or not licensed to carry on business, a person shall be deemed to be carrying on the business of selling a commodity of any description if, at the time when the offence is alleged to have been committed or at any reasonable period preceding or succeeding the date when the offence is alleged to have been committed, he had possession of an amount or quantity of such commodity in circumstances in which it may reasonably be inferred that the commodity was intended by him for sale or he had held himself out as being a seller of that commodity. (3) Where a person is charged with an offence under this section, it shall be a good defence for him to prove that- (a) there was no shortage in the supply of the commodity in the locality concerned; (b) the stocking of the amount or quantity of the commodity concerned was not intended or likely to create any shortage in the supply of the commodity or to have any other adverse effect on the distribution of the commodity in the locality; (c) the commodity found in any premises under his control or management did not belong to him and that he had no right to dispose of any of the commodity in any way and that he did, at the earliest the authorities investigating the matter of the identity of the owner; opportunity, possible advise (d) the commodity owned by him or which he had the right to dispose of had at the time when it was found in his possession, been lawfully sold or 102 The Penal Code [CAP. 16 R.E. 2019] otherwise lawfully disposed of to another person; (e) the commodity in stock was for his own lawful use or was being used in connection with his lawful business; or (f) he had kept the commodity in store as a reasonable precaution, taken in the interests of his own household, against probable imminent future shortage or famine, or in order to meet a requirement of any future event reasonably important to him; (4) The standard of proof by the accused of any of the facts or circumstances set out in subsection (3), shall be on a balance of probabilities. Repealed
  2. 194B

    Repealed

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    Section 194B is repealed.

    194B. Repealed by Act No. 13 of 1984 s. 63. Division IV- Offences against the Person CHAPTER XX MURDER AND MANSLAUGHTER Manslaughter

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