Tanzania Act or statute

Parliament of Tanzania

The Penal Code

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Jurisdiction: Tanzania
Structure: 398 provisions
Citation: The Penal Code
Dates: Undated source snapshot

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Purpose and legislative effect

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

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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Manslaughter

A person is guilty of manslaughter if they unlawfully act or omit to act and cause another person’s death.

Section 195

Definition of kidnapping from Mainland Tanzania

A person is defined as kidnapping someone from Mainland Tanzania if they take that person beyond Mainland Tanzania without the required consent.

Section 244

Attempts at extortion by threats

A person who tries to extort or gain something by accusing, threatening to accuse, or sending a written accusation/threat commits an offence.

Section 290

Interpretation of “document”

In this Division, “document” does not include a trade mark or other sign used with articles of commerce, even if written or printed.

Section 334

Soliciting or inciting commission of offence

A person commits an offence by soliciting or inciting someone else to commit an offence, even if the attempt has no effect.

Section 390

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Provisions 201–398

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Showing 198 of 398 provisions

Offence 134Provision 34Interpretation 19Repeal 10

Part

CHAPTER XX

§ 195ManslaughterProvision

A person is guilty of manslaughter if they unlawfully act or omit to act and cause another person’s death.

195.-(1) Any person who by an unlawful act or omission causes the death of another person is guilty of manslaughter. (2) Any unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether the omission is or is not accompanied by an intention to cause death or bodily harm. Murder Punishment for murder Punishment for manslaughter

Section 195Verify source

§ 196MurderProvision

A person commits murder if they, with malice aforethought, unlawfully cause another person’s death by act or omission.

196. Any person who, with malice aforethought, causes the death of another person by an unlawful act or omission is guilty of murder.

Section 196Verify source

§ 197Punishment for murderProvision

A person convicted of murder must be sentenced to death.

197. A person convicted of murder shall be sentenced to death.

Section 197Verify source

§ 198Punishment for manslaughterProvision

A person who commits manslaughter is liable to life imprisonment.

198. Any person who commits manslaughter is liable to imprisonment for life. 103 The Penal Code [CAP. 16 R.E. 2019] Conviction for infanticide in certain cases

Section 198Verify source

§ 199Conviction for infanticide in certain casesOffence

A woman who causes the death of her child by a willful act or omission, in the specified postpartum conditions, is guilty of infanticide.

199. Where a woman by any willful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission she had not fully recovered from the effect of giving birth to the Child and for that reason or by reason of the effect of giving birth to the child and for that reason or by reason of the effect of lactation consequent upon the birth of the child the then disturbed, she shall, balance of her mind was notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of infanticide, and may, be dealt with and punished for the offence as if she had been guilty of manslaughter of the child. Malice aforethought

Section 199Verify source

§ 200Malice aforethoughtOffence

This section says malice aforethought can be established by evidence showing any one of several listed circumstances.

200. Malice aforethought shall be deemed to be established by evidence proving any one nor more of the following circumstances- (a) an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not; (b) knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although that knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused; (c) an intent to commit an offence punishable with a penalty which is graver than imprisonment for three years; (d) an intention by the act or omission to facilitate the flight or escape from custody of any person who to commit an has committed or attempted offence. Killing on provocation

Section 200Verify source

§ 201Killing on provocationProvision

A person who unlawfully kills another may be guilty only of manslaughter, not murder, if the act was done in the heat of passion from sudden provocation and before the passion cooled.

201. When a person who unlawfully kills another under circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as 104 The Penal Code [CAP. 16 R.E. 2019] Provocation defined Ord. No. 6 of 1946 s.2 defined in section 202, and before there is time for his passion to cool, he is guilty of manslaughter only.

Section 201Verify source

§ 202Provocation definedProvision

This section defines “provocation” for assault and says lawful acts are not provocation, with a few exceptions and qualifications.

202.-(1) The term “provocation” means, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered. (2) When the unlawful act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any relationship referred to in subsection (1), the former is said to give the latter provocation for an assault. (3) A lawful act is not provocation to any person for an assault. (4) An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault. (5) An arrest which is unlawful is not necessarily provocative for an assault, but it may be evidence of provocation to a person who knows of the illegality. (6) For the purposes of this section, the expression “an ordinary person” means an ordinary person of the community to which the accused belongs. Causing death defined

Section 202Verify source

§ 203Causing death definedProvision

This section defines when a person is treated as having caused another person’s death, including where injury leads to treatment, violence leads to a fatal act, an act or omission hastens death, or death depends on another person’s act or omission.

203. A person is deemed to have caused the death of another person, although his act is not the immediate or sole cause of death, in any of the following cases- (a) if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death; in which case it is immaterial whether the treatment was proper or mistaken if it 105 The Penal Code [CAP. 16 R.E. 2019] was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill; (b) if he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living; (c) if by actual or threatened violence he causes that other person to perform an act which causes the death of that person, the act being a means of avoiding the violence which in the circumstances would appear natural to the person whose death is so caused; (d) if by any act or omission he hastens the death of a person suffering under any disease or injury which, apart from that act or omission, would have caused death; (e) if his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of another person. When child deemed to be a person

Section 203Verify source

§ 204When child deemed to be a personProvision

A child is treated as a person capable of being killed once it has completely emerged alive from the mother’s body.

204. A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not and whether it has an independent circulation or not, and whether the navelstring is severed or not. Limitation as to time of death

Section 204Verify source

§ 205Limitation as to time of deathProvision

A person is not treated as having killed another unless the death occurs within a year and a day of the cause of death.

205.-(1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death. (2) For the purpose of reckoning the period referred to in subsection (1)- (a) the period shall include the day on which the last unlawful act contributing to the cause of death was done; 106 The Penal Code [CAP. 16 R.E. 2019] (b) when the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased; and (c) when the cause of death is in part an unlawful act and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later. CHAPTER XXI DUTIES RELATING TO THE PRESERVATION OF LIFE AND HEALTH Responsibility of person who has charge of another

Section 205Verify source

Part

CHAPTER XXI

§ 206Responsibility of person who has charge of anotherProvision

A person who has charge of someone unable to leave that charge and unable to provide for themselves must provide that person with the necessaries of life.

206. It is the duty of every person having charge of is unable by reason of age, sickness, another who unsoundness of mind, detention or any other cause to withdraw himself from that charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any consequences which adversely affect the life or health of the other person by reason of any omission perform that duty. Duty of head of family

Section 206Verify source

§ 207Duty of head of familyProvision

A head of family who has charge of a child under 14 in the household must provide the child’s necessaries of life.

207. It is the duty of every person who, as head of a family, has charge of a child under the age of fourteen years, being a member of his household, to provide the necessaries of life for such child; and he shall be deemed to have caused any consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not. Duty of master and mistress

Section 207Verify source

§ 208Duty of masters and mistressProvision

A master or mistress who has agreed to provide food, clothing, or lodging for a servant or apprentice under 16 must provide it.

208. It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of 107 The Penal Code [CAP. 16 R.E. 2019] Duty of persons doing dangerous acts Duty of persons in charge of dangerous things sixteen years to provide them; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty.

Section 208Verify source

§ 209Duty of persons doing dangerous actsProvision

A person who undertakes surgical or medical treatment, or another lawful act affecting health, must use reasonable skill and care, unless it is a case of necessity.

209. It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person or to do any other lawful act which is or health, to have reasonable skill and to use reasonable care in doing so; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty.

Section 209Verify source

§ 210Duty of persons in charge of dangerous thingsOffence

A person in control of something that could endanger life, safety, or health must use reasonable care and take reasonable precautions to avoid danger.

210. It is the duty of every person to use reasonable care and take reasonable precautions to avoid danger if he has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty. CHAPTER XXII OFFENCES CONNECTED WITH MURDER AND SUICIDE Attempt to murder

Section 210Verify source

Part

CHAPTER XXII

§ 211Attempt to murderRepeal

A person who unlawfully tries to cause another person's death, or who with that intent does or omits an act likely to endanger human life, commits an offence and is liable to life imprisonment.

211. Any person who- (a) attempts unlawfully to cause the death of another; or (b) with intent unlawfully to cause the death of another, does any act or omits to do any act which it is his duty to do, the act or omission being of such a nature as to be likely to endanger human life, is guilty of an offence and is liable to imprisonment for life. Repealed

Section 211Verify source

§ 212RepealedRepeal

Section 212 is repealed.

212. Repealed by Ord. No.47 of 1954 s. 3 Accessory after the fact to murder

Section 212Verify source

§ 213Accessory after the fact to murderOffence

A person who becomes an accessory after the fact to murder commits an offence and may be imprisoned for seven years.

213. Any person who becomes an accessory after the fact to murder is guilty of an offence and liable to imprisonment for seven years. 108 The Penal Code [CAP. 16 R.E. 2019] Written threats to murder

Section 213Verify source

§ 214Written threats to murderOffence

A person who knowingly causes someone to receive a writing threatening to kill another person commits an offence and may be imprisoned for seven years.

214. Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening to kill any person is guilty of an offence and is liable to imprisonment for seven years. Conspiracy to murder Aiding suicide Attempting suicide Concealing birth of child Child destruction

Section 214Verify source

§ 215Conspiracy to murderOffence

It is an offence for any person to conspire with another person to kill anyone, anywhere; the penalty is imprisonment for 14 years.

215. Any person who conspires with any other person to kill any person, whether that person is in Mainland Tanzania or elsewhere, is guilty of an offence and is liable to imprisonment for fourteen years.

Section 215Verify source

§ 216Aiding suicideOffence

A person must not procure, counsel, or aid another person to kill himself; doing so is an offence punishable by life imprisonment.

216. Any person who- (a) procures another to kill himself; (b) counsels another to kill himself and thereby induces him to do so; or (c) aids another in killing himself, is guilty of an offence and liable to imprisonment for life.

Section 216Verify source

§ 217Attempting suicideOffence

A person who attempts to kill himself commits an offence.

217. Any person who attempts to kill himself is guilty of an offence.

Section 217Verify source

§ 218Concealing the birth of childOffence

A person must not use a secret disposal of a child's dead body to conceal the child's birth.

218. Any person who, when a woman is delivered of a child endeavours by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at or after its birth, is guilty of an offence.

Section 218Verify source

§ 219Child destructionOffence

A person who willfully causes the death of a child capable of being born alive, with intent to destroy that child’s life, commits child destruction and can be imprisoned for life.

219.-(1) Subject to subsection (2) any person who, with intent to destroy the life of a child capable of being born alive, by any willful act causes the child to die before it has an existence independent of its mother, shall be guilty of child destruction and shall be liable on conviction to imprisonment for life. (2) A person shall be guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother. (3) For the purpose of this section, evidence that a woman had at any material time been pregnant for a period of twenty eight weeks or more shall be prima facie proof that she was at the time pregnant of a child capable of being born alive. 109 The Penal Code [CAP. 16 R.E. 2019] CHAPTER XXIII OFFENCES ENDANGERING LIFE OR HEALTH Disabling in order to commit offence Ord. No. 47 of 1954 s.3 Stupefying in order to commit offence

Section 219Verify source

Part

CHAPTER XXIII

§ 220Disabling in order to commit offenceOffence

A person commits an offence if they use choking, suffocation, or strangling means to make someone incapable of resistance with the intent to commit, assist, or escape from an offence.

220. Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, renders or attempts to render any person incapable of resistance is guilty of an offence and liable to imprisonment for life.

Section 220Verify source

§ 221Stupefying in order to commit offenceOffence

A person commits an offence if they administer or try to administer a stupefying or overpowering drug or thing to someone, with intent to commit or help commit an offence or help an offender escape.

221. Any person who, with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, administers or attempts to administer any stupefying or overpowering drug or thing to any person is guilty of a an offence and liable to imprisonment for life. Acts intended to cause grievous harm or prevent arrest

Section 221Verify source

§ 222Acts intended to cause grievous harm or prevent arrestOffence

222. Any person who, with intent to maim, disfigure or disable any person or to do some grievous harm to any person or to resist or prevent the lawful arrest or detention of any person- (a) unlawfully wounds or does any grievous harm to any person by any means whatever; (b) unlawfully attempts in any manner to strike any person with any kind of projectile or with a spear, sword, knife or other dangerous or offensive weapon; (c) unlawfully causes any explosive substance to explode; (d) sends or delivers any explosive substance or other dangerous or noxious thing to any person; (e) sends or delivers any explosive substance or other dangerous or noxious things to any weapon; (f) causes any substance or thing referred to in paragraph (d) to be taken or received by any person; 110 The Penal Code [CAP. 16 R.E. 2019] (g) puts any corrosive fluid or any destructive or explosive substance in any place; or (h) unlawfully casts or throws any fluid or substance referred to in paragraph (f) at or upon any person, or otherwise applies any such fluid or substance to that person of any person, is guilty of an offence, and liable to imprisonment for life. Possession of human being parts Act. No 9 of 2002 Sch. Preventing escape from wreck Endangering of persons travelling by railway Ord. No. 47 of 1954 s.3

Section 222Verify source

§ 222APossession of human being partsOffence

A person who unlawfully possesses human being parts commits an offence and may be imprisoned for up to 30 years if convicted.

222A. Any person who in unlawful possession of human being parts commits an offence and shall upon conviction be liable to imprisonment for a period not exceeding thirty years. is found

Section 222AVerify source

§ 223Preventing escape from wreckOffence

A person must not unlawfully stop or hinder someone trying to save life from a vessel in distress or wrecked vessel, and breaking this rule is an offence punishable by life imprisonment.

223. Any person who unlawfully (a) prevents or obstructs any other person who is on board of, or is escaping from, a vessel which is in distress or wrecked, in his endeavours to save his life; or (b) obstructs any other person in his endeavours to save the life of any person in the circumstances referred to in paragraph (a), is guilty of an offence and liable to imprisonment for life.

Section 223Verify source

§ 224Endangering safety of persons travelling by railwayOffence

A person must not intentionally endanger railway passengers or the safe use of a railway, and intentional breach is punishable by life imprisonment.

224.-(1) Any person who, with intent to injure or to endanger the safety of any person travelling by any railway, whether a particular person or not- (a) places anything on the railway; (b) deals with the railway, or with anything whatever upon or near the railway, in such a manner as to affect or endanger the free and safe use of the railway or the safety of that person; (c) shoots or throws anything at, into or upon or causes anything to come into contract with any person or thing on the railway; (d) shows any light or signal, or in any way deals with any existing light or signal, upon or near the railway; or (e) by any omission to do any act which it is his duty to do causes the safety of any such person to be endangered, 111 The Penal Code [CAP. 16 R.E. 2019] is guilty of an offence and liable to imprisonment for life. (2) A person who unlawfully but without the intent specified in subsection (1), causes the safety of any person travelling by railway to be endangered is guilty of an offence. Grievous harm

Section 224Verify source

§ 225Grievous harmOffence

A person who unlawfully causes grievous harm to another commits an offence and may be imprisoned for seven years.

225. Any person who unlawfully does grievous harm to another is guilty of an offence and is liable to imprisonment for seven years. Attempting to injure by explosive substance Maliciously administering poison with intent to harm Wounding and similar acts Ord. No. 5 of 1961 s. 8 Failure to supply necessaries

Section 225Verify source

§ 226Attempting to injure by explosive substancesOffence

A person who unlawfully and with intent to harm another puts an explosive substance anywhere commits an offence and can be imprisoned for 14 years.

226. A person who unlawfully, and with intent to do any harm of another, puts any explosive substance in any place whatever, is guilty of an offence and liable to imprisonment for fourteen years.

Section 226Verify source

§ 227Maliciously administering poison with intent to harmOffence

A person who unlawfully gives or causes poison or a noxious thing to be given to someone, intending to injure or annoy them, commits an offence if life is endangered or grievous harm results.

227. A person who, unlawfully and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life or does him some grievous harm, is guilty of an offence and liable to imprisonment for fourteen years.

Section 227Verify source

§ 228Wounding and similar actsOffence

A person must not unlawfully wound another person or unlawfully cause poison or another noxious thing to be given to or taken by any person with intent to injure or annoy.

228. Any person who- (a) unlawfully wounds another; or (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by any person, is guilty of an offence and liable to imprisonment for three years.

Section 228Verify source

§ 229Failure to supply necessariesOffence

A person responsible for providing another with the necessaries of life must do so unless there is a lawful excuse; failing to do so, when the other person’s life or health is endangered, is an offence punishable by up to three years’ imprisonment.

229. Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or his health is or is likely to be permanently injured, is guilty of an offence and liable to imprisonment for three years. Responsibility as to surgical operation

Section 229Verify source

§ 230Responsibility as to surgical operationProvision

A person is not criminally responsible for a surgical operation if it is done in good faith, with reasonable care and skill, and is reasonable in the circumstances.

230. A person is not criminally responsible for performing, in good faith and with reasonable care and skill, a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life if 112 The Penal Code [CAP. 16 R.E. 2019] the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.

Section 230Verify source

§ 231Criminal responsibility for excess forceProvision

A person authorised by law or by the injured person’s consent to use force is criminally responsible for any excess force.

231. Any person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess according to the nature and quality of the act which constitutes the excess.

Section 231Verify source

§ 232Effect of victim’s consent on criminal responsibility for death orProvision

A person’s consent to their own death or maim does not remove criminal responsibility from the person who causes it.

232. Notwithstanding anything contained in section 231 consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom the death or maim is caused. Criminal responsibility for excess force Effect of victim’s consent on criminal responsibility for death or maim CHAPTER XXIV CRIMINAL RECKLESSNESS AND NEGLIGENCE Reckless and negligent acts

Section 232Verify source

Part

CHAPTER XXIV

§ 233Reckless and negligent actsOffence

A person commits an offence if, in a rash or negligent way that endangers human life or is likely to harm someone, they do the listed risky acts involving vehicles, vessels, fire, animals, medical treatment, medicines, machinery, or explosives.

233. Any person who in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person- (a) drives any vehicle or rides on any public way; (b) navigates, or takes part in the navigation or working of any vessel; (c) does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession; (d) omits to take precautions against any probable danger from any animal in his possession; (e) gives medical or surgical treatment to any person whom he has undertaken to treat; (f) dispenses, supplies, sells, administers or gives away any medicine or poisonous or dangerous matter; (g) does any act with respect to, or omits to take proper precautions against, any probable danger from any machinery of which he is solely or partly in charge; or 113 The Penal Code [CAP. 16 R.E. 2019] (h) does any act with respect to, or omits to take proper precautions against, any probable danger from any explosive in his possession is guilty of an offence.

Section 233Verify source

§ 234Other negligent acts causing harmOffence

A person commits an offence if they unlawfully do, or fail to do, something they are duty-bound to do, causing harm to someone, and may be imprisoned for six months.

234. Any person who unlawfully does any act or omits to do any act which it is his duty to do, not being an act or omission specified in section 233, by which act or omission harm is caused to any person, is guilty of an offence and liable to imprisonment for six months.

Section 234Verify source

§ 235Handling of poisonous substances in negligent mannerOffence

A person who handles a poisonous substance in a rash or negligent way that endangers life or may cause injury, or who fails to take necessary care with a poisonous substance, commits an offence.

235. Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is necessary to guard against probable danger to human life from the poisonous substance, is guilty of an offence, and is liable to imprisonment for six months or to a fine of two hundred thousand shillings.

Section 235Verify source

§ 237Exhibition of false light, mark or buoyOffence

A person must not exhibit a false light, mark, or buoy if they intend or know it is likely to mislead a navigator.

237. Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that its exhibition will mislead a navigator, is guilty of an offence and liable to imprisonment for seven years.

Section 237Verify source

§ 238Conveying of person by water for hire in unsafe or overloadedOffence

A person commits an offence if they knowingly or negligently carry, or cause to be carried for hire, someone by water in a vessel that is unsafe or overloaded.

238. Any person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in a vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of an offence.

Section 238Verify source

§ 239Danger or obstruction in public was or line of navigationOffence

A person who carelessly handles property and causes danger, obstruction, or injury in a public way or public line of navigation commits an offence and may be fined.

239. Any person who, by doing any act or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation is guilty of an offence and liable to a fine. Other negligent acts causing harm Handling of poisonous substance in negligent manner Act No. 13 of 2019 s. 65 Omitted Exhibition of false light, mark or buoy Conveying person by water for hire in unsafe or overloaded vessel Danger or obstruction in public way or line of navigation 114 The Penal Code [CAP. 16 R.E. 2019] CHAPTER XXV ASSAULTS Common assault

Section 239Verify source

Part

CHAPTER XXV

§ 240Common assaultOffence

A person who unlawfully assaults another commits an offence and may be imprisoned for one year, unless the Code provides a greater punishment for the circumstances.

240. Any person who unlawfully assaults another is guilty of an offence and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for one year. Assaults causing actual bodily harm

Section 240Verify source

§ 241Assaults causing actual bodily harmOffence

A person who commits an assault causing actual bodily harm commits an offence and can be imprisoned for five years.

241. Any person who commits an assault occasioning actual bodily harm is guilty of an offence and liable to imprisonment for five years. Assaults on persons protecting wreck Other types of assault

Section 241Verify source

§ 242Assaults on persons protecting wreckOffence

A person must not assault, strike, or wound certain officials or authorised persons involved in preserving vessels, wrecked goods, or similar property.

242. Any person who assaults and strikes or wounds any magistrate, officer or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded or cast on shore or lying under water, is guilty of an offence and is liable to imprisonment for seven years.

Section 242Verify source

§ 243Other types of assaultInterpretation

A person commits an offence if they assault, resist, or obstruct people in the listed situations, and may be imprisoned for five years.

243. Any person who- (a) assaults another with intent to commit an offence or to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence; (b) assaults, resists or wilfully obstructs any police officer in the due execution of his duty, or any person acting in aid of the police officer; (c) assaults any person in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or respecting any trade, business or manufacture or respecting any person concerned or employed therein; (d) assaults, resists or obstructs any person engaged in the lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under that process of distress; or (e) assaults any person on account of any act done by him in the execution of any duty imposed on him by law, 115 The Penal Code [CAP. 16 R.E. 2019] is guilty of an offence and liable to imprisonment for five years. CHAPTER XXVI OFFENCES AGAINST LIBERTY Definition of kidnapping from Mainland Tanzania

Section 243Verify source

Part

CHAPTER XXVI

§ 244Definition of kidnapping from Mainland TanzaniaInterpretation

A person is defined as kidnapping someone from Mainland Tanzania if they take that person beyond Mainland Tanzania without the required consent.

244. Any person who conveys another person beyond the limits of Mainland Tanzania without the consent of that person or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Mainland Tanzania. Definition of kidnapping from lawful guardianship Act No. 21 of 2009 s. 191 Definition of abduction

Section 244Verify source

§ 245Definition of kidnapping from lawful guardianshipInterpretation

A person commits kidnapping from lawful guardianship by taking or enticing a child under 18 or a person of unsound mind away from their lawful guardian without the guardian’s consent.

245. Any person who takes or entices another person under eighteen years of age or any person of unsound mind, out of the keeping of the lawful guardian of the minor or person of unsound mind, without the consent of the guardian, is said to kidnap that person from lawful guardianship.

Section 245Verify source

§ 246Definition of abductionInterpretation

A person abducts another person if they force or deceitfully induce them to go from one place to another.

246. A person who by force compels, or by deceitful means induces, any person to go from any place is said to abduct that person. Punishment for kidnapping

Section 246Verify source

§ 247Punishment for kidnappingOffence

A person who kidnaps someone from Mainland Tanzania or lawful guardianship commits an offence and can be imprisoned for seven years.

247. A person who kidnaps any other person from Mainland Tanzania or from lawful guardianship is guilty of an offence and liable to imprisonment for seven years. Kidnapping or abducting in order to murder

Section 247Verify source

§ 248Kidnapping or abducting in order to murderOffence

A person who kidnaps or abducts someone so that the person may be murdered, or put in danger of being murdered, commits an offence and can be imprisoned for ten years.

248. Any person who kidnaps or abducts a person in order that that person may be murdered, or may be so disposed of as to be put in danger of being murdered, is guilty of an offence and is liable to imprisonment for ten years. Kidnapping or abducting with intent to confine

Section 248Verify source

§ 249Kidnapping or abducting with intent to confineOffence

A person must not kidnap or abduct another person with intent to secretly and wrongfully confine them.

249. Any person who kidnaps or abducts a person with intent to cause that person to be secretly and wrongfully confined is guilty of an offence and is liable to imprisonment for seven years. 116 The Penal Code [CAP. 16 R.E. 2019] Kidnapping or abducting with intent to do harm

Section 249Verify source

§ 250Kidnapping or abducting with intent to do harmOffence

Any person who kidnaps or abducts another person for the listed harmful purposes, or knowing that such harm is likely, commits an offence and can be imprisoned for ten years.

250. Any person who kidnaps or abducts another in order that that other person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that the person will be so subjected or disposed of, is guilty of an offence and is liable to imprisonment for ten years. Wrongfully concealing kidnapped or abducted person Kidnapping or abducting child with intent to steal Act No. 21 of 2009 s. 192 Punishment for wrongful confinement Act. No. 13 of 2019 s. 65 Buying or disposing of any person as a slave Habitual dealing in slaves Unlawful compulsory labour

Section 250Verify source

§ 251Wrongfully concealing kidnapped or abducted personOffence

A person who knows someone has been kidnapped or abducted and wrongfully conceals or confines that person commits an offence.

251. Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines that person, is guilty of an offence, and shall be punished in the same manner as if he had kidnapped or abducted that person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains the person in confinement.

Section 251Verify source

§ 252Kidnapping or abducting child with intent to stealOffence

Kidnapping or abducting a child under 18 with intent to steal movable property from the child is an offence punishable by seven years’ imprisonment.

252. A person who kidnaps or abducts any child under the age of eighteen years with the intention of taking dishonestly any movable property from the person of the child is guilty of an offence and is liable to imprisonment for seven years.

Section 252Verify source

§ 253Punishment for wrongful confinementOffence

Wrongfully confining another person is an offence and can lead to imprisonment for one year or a fine of three hundred thousand shillings.

253. A person who wrongfully confines another person is guilty of an offence and is liable to imprisonment for one year or to a fine of three hundred thousand shillings.

Section 253Verify source

§ 254Buying or disposing of any person as a slaveOffence

A person must not import, export, remove, buy, sell, dispose of, accept, receive, or detain any person as a slave; doing so is an offence punishable by seven years’ imprisonment.

254. A person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of an offence, and is liable to imprisonment for seven years.

Section 254Verify source

§ 255Habitual dealing in slavesOffence

A person who habitually deals in slaves commits an offence and can be imprisoned for ten years.

255. A person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of an offence and is liable to imprisonment for ten years.

Section 255Verify source

§ 256Unlawful compulsory labourOffence

A person must not unlawfully compel another person to labour against that person’s will.

256. Any person who unlawfully compels any other person to labour against the will of that person is guilty of an offence. 117 The Penal Code [CAP. 16 R.E. 2019] Things capable of being stolen Division V. — Offences Relating to Property CHAPTER XXVII THEFT

Section 256Verify source

Part

CHAPTER XXVII

§ 257Things capable of being stolenInterpretation

This section says which things can count as stolen property, including movable inanimate things, certain animals, and parts or products of animals that can be stolen.

257.-(1) Every inanimate thing which is the property of any person and which is movable, is capable of being stolen. (2) Every inanimate thing which is the property of any person and which is capable of being made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it. (3) Every tame animal, whether tame by nature or wild by nature that tamed, which is the property of any person, is capable of being stolen. (4) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Mainland Tanzania, which are the property of any person and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement. (5) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Mainland Tanzania which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time. (6) An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank or other small enclosure, or is otherwise so placed that it cannot escape, and that its owner can take possession of it at pleasure. (7) Wild animals in the enjoyment of their natural liberty are not capable of being stolen but their dead bodies are capable of being stolen. (8) Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen. 118 The Penal Code [CAP. 16 R.E. 2019] Definition of theft Act No. 40 of 1988 s.10 Act No. 40 of 1988 s.10 Cap. 4 s.8

Section 257Verify source

§ 258Definition of theftInterpretation

This section defines theft: a person steals property by fraudulently taking it without claim of right, or fraudulently converting it to someone else’s use.

258.-(1) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person other than the general or special owner thereof anything capable of being stolen, steals that thing. (2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if he does so with any of the following intents, that is to say- (a) an intent permanently to deprive the general or special owner of the thing of it; (b) an intent to use the thing as a pledge or security; (c) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; (d) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion; or (e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner, (3) For purpose o this section “special owner” means any person who has lawful possession or custody of, or any proprietary interest in, the thing in question. (4) When a thing stolen is converted, it is immaterial whether it is taken for the purposes of conversion or whether it is at the time of the conversion in the possession of the person who converts it or whether the person who converts the thing in question is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of it. (5) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner and believes on reasonable grounds that the owner cannot be discovered. 119 The Penal Code [CAP. 16 R.E. 2019] Special cases Funds etc, held under direction Funds etc., received by agents from sales (6) A person shall not be deemed to take a thing unless he moves the thing or causes it to move.

Section 258Verify source

§ 259Special casesProvision

Certain handling of entrusted goods, and taking food for a master’s animal, is not treated as theft in the stated cases.

259.-(1) When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be theft. (2) When a servant, contrary to his master’s orders, takes from his possession any food in order that it may be given to an animal belonging to or in the possession of his master, such taking is not deemed to be theft.

Section 259Verify source

§ 260Funds, etc., held under directionProvision

Money or proceeds received with instructions for how to apply or pay them are treated as the sender’s property until the instructions are carried out.

260. When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge or other disposition of any property, whether capable of being stolen or not, with a direction in either case that the money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of the security, or of the mortgage, pledge or other disposition, shall be applied to any purpose or paid to any person specified in the direction, the money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with.

Section 260Verify source

Part

part thereof, or any other money received in exchange for it,

§ 261Funds etc., received by agents from salesProvision

If someone receives property to sell or otherwise dispose of it, the sale proceeds and exchange items are treated as the original owner’s property until dealt with under the agreed terms, unless the agreement creates only a debtor-creditor account.

261. When a person receives either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it and requiring him to pay or account for the proceeds of the property or any part of the proceeds or to deliver anything received in exchange for the property to the person from whom it is received or some other person, then the proceeds of the property and anything so received in exchange for it are deemed to be the property of the person from whom the property was so received until they have been disposed of in 120 The Penal Code [CAP. 16 R.E. 2019] accordance with the terms on which the property was received unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them and that the relationship of debtor and creditor only shall exist between them.

Section 261Verify source

§ 262Money received for anotherProvision

If someone receives money on behalf of another person, the money is treated as that other person's property unless it is received as a debtor-creditor account item.

262. When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received unless the money is received on the terms that it shall form an item in a debtor and creditor account and that the relationship of debtor and creditor only shall exist between the parties.

Section 262Verify source

§ 263Theft by persons having interest in thing stolenProvision

A person cannot rely on ownership, lease, joint ownership, or company/officer status to avoid theft liability when taking or converting property in circumstances that would otherwise be theft.

263. When a person takes or converts anything capable of being stolen under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein or that he himself is the owner of the thing, taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society owning it.

Section 263Verify source

§ 264Husband and wifeProvision

This section says a husband or a wife may be guilty of stealing from the other spouse.

264. For the avoidance of doubt, it is hereby declared that a husband may be guilty of stealing from his wife or a wife from her husband.

Section 264Verify source

§ 265General punishment for theftProvision

Anyone who steals something that can be stolen commits theft and is liable to imprisonment for seven years, unless another punishment applies because of the circumstances or the thing stolen.

265. Any person who steals anything capable of being stolen is guilty of theft, and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen, some other punishment is provided, to imprisonment for seven years.

Section 265Verify source

§ 266Stealing willsRepeal

Stealing a testamentary instrument is punishable by up to ten years’ imprisonment.

266. Where the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years. 121 Money received for another Theft by persons having an interest in thing stolen Husband and wife Act. No. 5 of 1971 2nd Sch. General punishment for theft Ord. No. 49 of 1955 s.10; Act No. 2 of 1972 Sch. Stealing wills The Penal Code [CAP. 16 R.E. 2019] Repealed

Section 266Verify source

§ 267RepealedRepeal

Section 267 is repealed.

267. Repealed by Act No. 13 of 1984 s. 63. Stealing certain animals Act No. 12 of 1987 s. 23 Cap. 4 s.8

Section 267Verify source

§ 268Stealing certain animalsProvision

Stealing certain listed animals, or killing one with intent to steal its skin or carcass, can lead to imprisonment for 15 years.

268.-(1) Where the thing stolen is any of the animals to which this section applies the offender shall be liable to imprisonment for fifteen years. (2) Where any person kills any animal to which this section applies with intent to steal its skin or carcass or any part of its skin or carcass he shall, for the purposes of section 265 and this section, be deemed to have stolen the animal and shall be liable to be proceeded against and punished accordingly. (3) This section applies to a horse, mare, gelding, ass mule, camel, ostrich, bull, cow, ox, ram, ewe, whether, goat or pig.

Section 268Verify source

Part

part of its skin or carcass he shall, for the purposes of section

§ 269Stealing from the person, etcRepeal

If theft happens in one of several listed ways, the offender is liable to imprisonment for ten years.

269. Where a theft is committed under any of the following circumstances, that is to say, if- (a) the thing is stolen from the person of another; (b) the thing is stolen in a dwelling house and its value exceeds fifty thousand shillings or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling house; Stealing from the person, etc. Ord. No. 49 of 1955 s. 11; Act No. 2 of 1972 Sch. Cap. 4 s.8 Act. No. 13 of 2019 s. 65 (c) the thing is stolen from any kind of vessel or vehicle or place of deposit; (d) the thing stolen is attached to or forms part of a railway; (e) Repealed by Ord. No. 49 of 1955 s. 11.; (f) the offender, in order to commit the offence, opens any locked room, box or other receptacle by means of a key or other instrument, the offender is liable to imprisonment for ten years. Stealing by persons in public service R.L.

Section 269Verify source

§ 270Stealing by persons in public serviceProvision

A person employed in public service who steals property of the Republic, or property received through the employment, is liable to 14 years’ imprisonment.

270. Where the offender is a person employed in the public service and the thing stolen is the property of the Republic or came into the possession of the offender by 122 The Penal Code [CAP. 16 R.E. 2019] Cap. 500 s. 12 Act No. 2 of 1972 Sch. Cap. 4 s.8 Stealing by clerks and servants Act No. 2 of 1972 Sch. Cap. 4 s.8 Stealing by directors or officers of companies Act No. 2 of 1972 Sch. Stealing by agents etc. Act No. 2 of 1972 Sch. Cap. 4 s.8 virtue of his employment, he is liable to imprisonment for fourteen years.

Section 270Verify source

§ 271Stealing by clerks and servantsProvision

A clerk or servant who steals an employer’s property, or property received on the employer’s account, is liable to imprisonment for 10 years.

271. Where the offender is a clerk or servant and the thing stolen is the property of his employer or came into the possession of the offender on the account of his employer, he is liable to imprisonment for ten years.

Section 271Verify source

§ 272Stealing by directors or officers of companiesProvision

A director or officer who steals company property is liable to imprisonment for 14 years.

272. Where the offender is a director or officer of a corporation or company and the thing stolen is the property of the corporation or company, he is liable to imprisonment for fourteen years.

Section 272Verify source

§ 273Stealing by agents, etcProvision

If stolen property falls into one of the listed trust or agency-related categories, the offender is liable to ten years’ imprisonment.

273. Where the thing stolen is any of the following things, that is to say- (a) property which has been received by the offender with a power of attorney for its disposal; (b) property which has been entrusted to the offender either alone or jointly with any other person for him to retain in safe custody or to apply, pay or deliver it or any part of it or any of its proceeds for any purpose or to any person; (c) property which has been received by the offender either alone or jointly with any other person for or on account of any other person; (d) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that its proceeds the person of another should be applied to any purpose or paid to any person specified in the direction; (e) the whole or part of the proceeds arising from any disposal of any property which has been received by the offender by virtue of a power of attorney 123 The Penal Code [CAP. 16 R.E. 2019] Stealing buy tenants or lodgers Cap. 4 s.8 Act. No. 13 of 2019 s. 65 Stealing after previous conviction Act No. 2 of 1972 Sch. Cap. 4 s.8 Concealing registers for the disposal, such power of attorney having been received by the offender with a direction that the proceeds should be applied to any purpose or paid to any person specified in the direction, the offender is liable to imprisonment for ten years.

Section 273Verify source

§ 274Stealing by tenants or lodgersProvision

If someone steals a fixture or chattel that was let to them for use with a house or lodging, and it is worth more than fifty thousand shillings, they are liable to seven years’ imprisonment.

274. Where the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds fifty thousand shillings, he is liable to imprisonment for seven years.

Section 274Verify source

§ 275Stealing after previous convictionOffence

If an offender had already been convicted of theft under section 265 before committing the theft, the offender is liable to 14 years’ imprisonment.

275. Where the offender, before committing the theft, had been convicted of theft punishable under section 265, he is liable to imprisonment for fourteen years. CHAPTER XXVIII OFFENCES ALLIED TO STEALING

Section 275Verify source

Part

CHAPTER XXVIII

§ 276Concealing registersOffence

A person must not, with intent to defraud, conceal or remove specified registers or certain copies from their place of deposit.

276. Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of a register which is required by law to be sent to any public office, is guilty of an offence and is liable to imprisonment for ten years. Concealing wills

Section 276Verify source

§ 277Concealing willsOffence

A person who, with intent to defraud, conceals a testamentary instrument commits an offence and can be imprisoned for 10 years.

277. Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, is guilty of an offence and is liable to imprisonment for ten years. 124 The Penal Code [CAP. 16 R.E. 2019] Concealing deeds Killing animals with intent to steal Acts. Nos. 31 of 1972 Sch. Severing with intent steal Fraudulent disposition of mortgaged goods Fraudulently dealing with minerals in mines Fraudulent appropriation of power

Section 277Verify source

§ 278Concealing deedsOffence

A person who, with intent to defraud, conceals all or part of a document proving title to land or an estate in land commits an offence.

278. Any persons who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land is guilty of an offence and is liable to imprisonment for three years.

Section 278Verify source

§ 279Killing animals with intent to stealOffence

A person commits an offence if they kill an animal that can be stolen, excluding animals covered by section 268, with intent to steal its skin or carcass or any part of it.

279. Any person who kills an animal capable of being stolen, other than an animal to which section 268 applies, with intent to steal its skin or carcass, or any part of its skin or carcass, shall be guilty of an offence and shall be liable on conviction to the same punishment as if he had stolen the animal.

Section 279Verify source

§ 280Severing with intent to stealOffence

A person commits an offence by making something movable with intent to steal.

280. Any person who makes anything movable with intent to steal is guilty of an offence and is liable to the same punishment as if he had stolen the thing after it had become movable.

Section 280Verify source

§ 281Fraudulent disposition of mortgaged goodsOffence

A mortgagor must not remove or dispose of mortgaged goods without the mortgagee’s consent and with intent to defraud.

281.-(1) Any person who being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, is guilty of an offence. (2) In this section “mortgaged goods” includes any goods and chattels of any kind, an animal, the progeny of an animal, and crops or produce of the soil, whether growing or severed, which are subject for the time being, by virtue of the provisions of any law or of any written instrument, to a valid charge or lien by way of security for any debt or obligation.

Section 281Verify source

§ 282Fraudulent dealing with minerals in minesOffence

Any person who takes, conceals, or disposes of ore, metal, or mineral in or about a mine with intent to defraud commits an offence.

282. Any person who takes, conceals, or otherwise disposes of any ore or any metal or mineral in or about a mine, with intent to defraud any person, is guilty of an offence and is liable to imprisonment for five years.

Section 282Verify source

§ 283Fraudulent appropriation of powerOffence

A person commits an offence if they fraudulently take or divert another person’s mechanical, illuminating, or electrical power for their own use or someone else’s use.

283. Any person who fraudulently abstracts or diverts to his own use or to the use of another person any mechanical, illuminating or electrical power derived from a machine, apparatus or substance, which is the property of another person, is guilty of an offence and is liable to imprisonment for five years. 125 The Penal Code [CAP. 16 R.E. 2019] Conversion not amounting to theft Acts Nos. 14 of 1980 s. 11 13 of 2019 s. 65 Causing pecuniary loss or damage to property if specified authority Acts Nos. 1 of 1993 Sch.; 9 of 2002 Sch.

Section 283Verify source

§ 284Conversion not amounting to theftOffence

A person who unlawfully and without colour of right takes or converts certain animals, cycles, or vessels commits an offence and may be imprisoned for six months, fined up to fifty thousand shillings, or both.

284. Any person who unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any draught or riding animal or any mechanically propelled cycle of any description or any vessel shall be guilty of an offence and is liable to imprisonment for six months or to a fine not exceeding fifty thousand shillings or to both.

Section 284Verify source

§ 284ACausing pecuniary loss or damage to property ofCommencement

A person who causes a specified authority at least 10 million shillings in loss or damage can commit an offence and face a fine, imprisonment, or both.

284A.-(1) Any person who, whether or not being an employee of a specified authority, by any wilful act or omission to or by his negligence or misconduct or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner, causes any specified authority to suffer pecuniary loss or causes any damage to any property owned or in the possession of a specified authority and which pecuniary loss or damage has a monetary value of not less than ten million shillings, shall notwithstanding any written law to the contrary, be guilty of an offence and be liable on conviction to a fine of not less than five million shillings or imprisonment for a term of not less than three years or to both. (2) For the purposes of subsection (1)- “employee of a specified authority” includes an officer or a member of a specified authority whether or not he is an employee of such authority and the term “employer” shall be construed accordingly; “specified authority” means- (a) the Government or any Department of the Government in the United Republic; (b) a local government authority; (c) an executive agency established under the Executive Agencies Act; (d) the East African Community; (e) a parastatal organization; (f) any company registered under the Companies Act in which a specified authority, owns any percentage of the issued share capital or has guaranteed to 126 Cap. 245 Cap. 212 The Penal Code [CAP. 16 R.E. 2019] pay any sum in the event of that company being wound up; (g) a village registered under any written law the relating the to for time being registration of villages; (h) a co-operative society registered under any written law for the time being relating to co-operatives. (3) A specified authority shall, for the purposes of subsection (1), be deemed to have incurred a pecuniary loss notwithstanding- (a) that it has received or is entitled to receive any payment in respect of the loss under a policy of insurance; or (b) that it has been compensated or is entitled to be compensated, for that loss. (4) A prosecution under this section shall not be commenced without the consent of the Director of Public Prosecutions. (5) For the avoidance of doubt it is hereby declared that where any person charged with stealing anything or with any other offence under any other section of this Code is acquitted, he may be subsequently charged and tried for an offence under this section only if the subsequent charge under this section is based on acts or omissions related to those upon which the previous charge was based. (6) Where the court convicts a person of an offence under this section, the court shall order that person to pay the specified authority compensation of an amount not exceeding the amount of the actual loss incurred by the specified authority and in assessing the compensation the court shall have regard to any extenuating circumstance it may consider relevant. (7) Where an order is made under subsection (6) the specified authority in whose favour the order is made may file an authenticated copy of the order in the district court having jurisdiction over the area over which the court which made the order has jurisdiction, and upon being so filed the order shall be deemed to be a decree passed by that district 127 The Penal Code [CAP. 16 R.E. 2019] Cap. 33 Definition of robbery Acts No. 3 of 2011 s.10 Punishment for robbery Acts Nos. 2 of 1972 Sch.; 4 of 2004 Sch. Attempted robbery Act Nos. 2 of 1972 Sch.; 10 of 1989 Sch.; 4 of 2004 Sch. court and may be executed in the same manner as if it were a decree passed under the provisions of the Civil Procedure Code, and the district court shall have jurisdiction to execute the decree notwithstanding the compensation awarded exceeds its pecuniary jurisdiction. the amount of that CHAPTER XXIX ROBBERY AND EXTORTION

Section 284AVerify source

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CHAPTER XXIX

§ 285Definition of robberyInterpretation

Stealing with actual violence or threats of actual violence can amount to robbery; if two or more people do it together, it is gang robbery.

285.-(1) Any person who steals anything and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained is guilty of robbery. (2) Where two or more persons steal anything, and at or immediately before or immediately after stealing, use or threaten to use actual violence to any person or property in order to obtain or retain the thing stolen commits an offence of gang robbery.

Section 285Verify source

§ 286Punishment for robberyProvision

A person who commits robbery is punishable by imprisonment for 15 years, or by life imprisonment if aggravating circumstances are present.

286. Any person who commits robbery is liable to imprisonment for fifteen years and if the offender is armed with any dangerous or offensive weapon or instrument, or is in company with any other person or if, at or immediately before or immediately after the time of robbery, he wounds, beats, strikes or uses personal violence to any person, he is liable to imprisonment for life, with or without corporal punishment.

Section 286Verify source

§ 287Attempted robberyOffence

A person commits an offence if they assault someone with intent to steal and use or threaten violence at or around the assault to get the property or overcome resistance.

287. Any person who assaults another with intent to steal anything, and, at or immediately before or immediately after the time of assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, commits an offence and is liable to imprisonment for a term of not less than seven years and not exceeding twenty years, with corporal punishment. 128 The Penal Code [CAP. 16 R.E. 2019] Armed robbery Acts Nos. 4 of 2004 Sch. 3 of 2011 s. 10A Attempt armed robbery Act No. 4 of 2004 Sch. Punishment gang robbery Act No. 3 of 2011 s.10B Assault with intent to steal Acts Nos. 2 of 1972 Sch.; 10 of 1989 Sch. Demanding property by written threats

Section 287Verify source

§ 287AArmed robberyOffence

A person who steals while armed with a dangerous or offensive weapon and using or threatening violence commits armed robbery and is liable to at least 30 years’ imprisonment, with or without corporal punishment.

287A. A person who steals anything, and at or immediately before or after stealing is armed with any dangerous or offensive weapon or instrument and at or immediately before or after stealing uses or threatens to use violence to any person in order to obtain or retain the stolen property, commits an offence of armed robbery and shall, on conviction be liable to imprisonment for a term of not less than thirty years with or without corporal punishment.

Section 287AVerify source

§ 287BAttempt armed robberyOffence

A person who tries to steal while armed, or in a group, and threatens or tries to threaten violence commits an offence and may be sentenced to at least 15 years’ imprisonment, with or without corporal punishment.

287B. Any person who with intent to steal anything from another person, is armed with any dangerous or offensive weapon or instrument, or is in company of one or more persons, and in the course thereof threatens, or attempt to threaten to use actual violence to any person, commits an offence robbery” and on conviction is liable to imprisonment for a minimum period of fifteen years with or without corporal punishment. termed “attempted armed

Section 287BVerify source

§ 287CPunishment gang robberyOffence

A person who takes part in gang robbery commits an offence and, on conviction, faces at least 30 years’ imprisonment, with or without corporal punishment.

287C. A person who takes part in gang robbery to commits an offence and, on conviction imprisonment for a term of not less than thirty years with or without corporal punishment. liable is

Section 287CVerify source

§ 288Assault with intent to stealOffence

A person who assaults someone with intent to steal is guilty of an offence and can be sentenced to 5 to 14 years’ imprisonment, with corporal punishment.

288. Any person who assaults any other person with intent to steal anything is guilty of an offence and is liable to imprisonment for a term of not less than five years but not more than fourteen years, with corporal punishment.

Section 288Verify source

§ 289Demanding property by written threatsOffence

A person commits an offence if they knowingly cause someone to receive a written demand made without reasonable or probable cause and backed by threats of injury or detriment, with intent to extort or gain something.

289. Any person who, with intent to extort or gain anything from any person and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of injury or detriment of any kind to be caused to any person, either by the offender or by any other person if the demand is not complied with, is guilty of an offence and is liable to imprisonment for fourteen years. 129 The Penal Code [CAP. 16 R.E. 2019] Attempts at extortion by threats

Section 289Verify source

§ 290Attempts at extortion by threatsOffence

A person who tries to extort or gain something by accusing, threatening to accuse, or sending a written accusation/threat commits an offence.

290.-(1) Any person who, with intent to extort or gain anything from any person- (a) accuses or threatens to accuse any person of committing an offence or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an offence; (b) threatens that any person shall be accused by any other person of an offence, or of any such similar act; or (c) knowing the contents of the writing, causes any person to receive any writing containing any accusation or threat referred to in this subsection, is guilty of an offence and if the accusation or threat of accusation is of- (i) an offence for which the punishment of death or imprisonment for life may be inflicted; (ii) any of the offences defined in Chapter XV, or an attempt to commit any of those offences; (iii) an assault with intent to have sexual intercourse with any person against the order of nature, or an unlawful and indecent assault upon a male person; or (iv) a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences referred to in subparagraph (i) to (iv) of this subsection, is liable to imprisonment for fourteen years or, in any other case not those involving any matter referred subparagraphs, he is liable to imprisonment for three years. in to (2) It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused. Procuring execution of

Section 290Verify source

§ 291Procuring execution of deed, etc, by threatsOffence

A person who uses threats, violence, restraint, accusations, or similar inducements with intent to defraud to force someone to deal with a valuable security or related document commits an offence.

291. Any person who, with intent to defraud and by means of any unlawful violence to, or restraint of, the person 130 The Penal Code [CAP. 16 R.E. 2019] deeds, etc., by threats of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing an offence, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an offence, compels or induces any person- (a) to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security; or (b) to write any name or impress or affix any seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of an offence is liable to imprisonment for fourteen years. Demanding property with menaces with intent to steal

Section 291Verify source

§ 292Demanding property with menaces with intent to stealInterpretation

A person who demands a valuable thing from another person with menaces or force, intending to steal it, commits an offence and can be imprisoned for five years.

292. Any person who, with intent to steal any valuable thing demands it from another person with menaces or force, is guilty of an offence and is liable to imprisonment for five years. Definition of breaking and entering CHAPTER XXX BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES

Section 292Verify source

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CHAPTER XXX

§ 293Definition of breaking and enteringInterpretation

This section defines when a person is treated as breaking, entering, or breaking and entering a building.

293.-(1) A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or by any other means whatever, any door, window, shutter, cellar flap or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building. (2) A person is deemed to enter a building as soon as any part of his body or any part of any instrument used by him is within the building. (3) A person who obtains entry into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of a building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entry, is deemed to have broken and entered the building. 131 The Penal Code [CAP. 16 R.E. 2019] House breaking and burglary Act. No. 2 of 1972 Sch. Cap. 4 s.8 Entering dwelling house with intent to commit offence Act No. 2 of 1972 Sch. Breaking into building and committing an offence Acts Nos. 50 of 1968 1st Sch.; 2 of 1972 Sch.

Section 293Verify source

§ 294Housebreaking and burglaryOffence

A person commits housebreaking by breaking and entering, or by breaking out after entering, a human dwelling with intent to commit an offence; if done at night, the offence is burglary.

294.-(1) Any person who- (a) breaks and enters any building, tent or vessel used as a human dwelling with intent to commit an offence therein; or (b) having entered any building, tent or vessel used as a human dwelling with intent to commit an offence therein or having committed an offence in the building, tent or vessel, breaks out of it, is guilty of housebreaking and is liable to imprisonment for fourteen years. (2) Where an offence under this section is committed in the night, it is burglary and the offender is liable to imprisonment for twenty years.

Section 294Verify source

§ 295Entering dwelling house with intent to commit offenceOffence

A person who enters or is in a dwelling-type building, tent, or vessel with intent to commit an offence there commits an offence.

295. Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit an offence therein, is guilty of an offence, and liable to imprisonment for ten years and if the offence is committed in the night, he is liable to imprisonment for fourteen years.

Section 295Verify source

§ 296Breaking into building and committing offenceOffence

A person who breaks into certain buildings and commits an offence there, or breaks out after committing an offence there, is guilty of an offence and can be imprisoned for ten years.

296. Any person who- (a) breaks and enters a school house, shop, warehouse, store, workshop, garage, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is not part of it, or any building used as a place of worship and commits an offence therein; (b) having committed an offence in any building referred to in paragraph (a) breaks out of the building, is guilty of an offence and is liable to imprisonment for ten years. Breaking into building with intent to commit an offence

Section 296Verify source

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part of it, or any building used as a place of

§ 297Breaking into building with intent to commit an offenceOffence

A person who breaks and enters certain listed buildings with intent to commit an offence inside commits an offence and can be imprisoned for 14 years.

297. Any person who breaks and enters a school house, shop, warehouse, store, workshop, garage, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is not part of it, or any 132 The Penal Code [CAP. 16 R.E. 2019] Acts Nos. 50 of 1968 Sch.; 2 of 1972 Sch. Being armed, etc. with intent to commit an offence Act No. 2 of 1972 Sch. . building used as a place of worship, with intent to commit an offence therein, is guilty of an offence, and is liable to imprisonment for fourteen years.

Section 297Verify source

§ 298Being armed, etc., with intent to commit offenceOffence

A person who is armed, disguised, or carrying housebreaking tools in the listed circumstances commits an offence and can be imprisoned.

298. Any person who is found under any of the following circumstances, namely- (a) being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to break or enter a dwelling house, and to commit an offence therein; (b) being armed at night in the manner referred to in paragraph (a) with intent to break or enter any building whatever and to commit a an offence therein; (c) having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking; (d) having in his possession by day any instrument of house breaking with intent to commit an offence; (e) having his face masked or blackened or being otherwise disguised, with intent to commit an offence; or (f) being in any building whatever by day or night with intent to commit an offence therein, is guilty of an offence and is liable to imprisonment for five years or, if he has been previously convicted of an offence relating to property, he is liable to imprisonment for fourteen years. Criminal trespass R. L. Cap. 455 s. 25

Section 298Verify source

§ 299Criminal trespassOffence

A person commits criminal trespass by unlawfully entering or staying on another person’s property with the required intent.

299. Any person who- (a) unlawfully enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of the property; or (b) having lawfully entered into or upon the property unlawfully remains there with intent thereby to in intimidate, possession of the property or with intent to insult or annoy the person 133 The Penal Code [CAP. 16 R.E. 2019] commit an offence, is guilty of criminal trespass and to imprisonment for three months; if the property upon which the offence is committed is any building, tent or vessel used as a human dwelling or any building used as a place of worship or as a place for the custody of property, the offender is liable to imprisonment for one year. liable Forfeiture R. L. Cap. 500 s. 12

Section 299Verify source

§ 300ForfeitureInterpretation

If someone is convicted of an offence under this Chapter, the court may order forfeiture of dangerous or offensive weapons or housebreaking instruments used in connection with the offence.

300. When any person is convicted of an offence under this Chapter the court may order that any dangerous of offensive weapon or instrument of housebreaking carried or used in connection with the offence shall be forfeited to the United Republic. CHAPTER XXXI FALSE PRETENCES Definition of false pretence Act. No. 14 of 1980 s. 13 Obtaining goods by false pretences Act. No. 2 of 1980 Sch. Obtaining execution of a security by false pretences Act. No 2 of 1972 Sch. Cheating

Section 300Verify source

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CHAPTER XXXI

§ 301Definition of false pretenceInterpretation

A false pretence is a false representation made by words, writing, or conduct about a fact or intention, where the maker knows it is false or does not believe it is true.

301. Any representation made by words, writing or conduct of a matter of fact or of intention, which representation is false act and the person making it knows it to be false or does not believe it to be true, is false pretence.

Section 301Verify source

§ 302Obtaining goods by false pretencesOffence

A person who, by false pretence and with intent to defraud, gets or causes delivery of property capable of being stolen commits an offence.

302. Any person who by any false pretence and with intent to defraud, obtains from any other person anything capable of being stolen or induces any other person to deliver to any person anything capable of being stolen, is guilty of an offence and is liable to imprisonment for seven years.

Section 302Verify source

§ 303Obtaining execution of a security by false pretencesOffence

A person who uses false pretences with intent to defraud to get someone to deal with a valuable security commits an offence.

303. A person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse alter or destroy the whole or part of any valuable security, or to write any name or impress or affix any seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of an offence and is liable to imprisonment for seven years.

Section 303Verify source

§ 304CheatingOffence

A person who uses a fraudulent trick or device to get property, money, or goods, or to make someone give more than they otherwise would, commits an offence.

304. Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen or any other person to or deliver to any person anything capable of being stolen or to pay or 134 The Penal Code [CAP. 16 R.E. 2019] Obtaining credit, etc., by false pretences Acts Nos. 2 of 1972 3 of 2011 s.11 deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device, is guilty of an offence and is liable to imprisonment for three years.

Section 304Verify source

§ 305Obtaining credit, etc., by false pretencesOffence

A person commits an offence if they use fraud or false pretences to get credit, move property, or hide property with intent to defraud.

305. Any person who- (a) by any false pretences or any other means of fraud, with intent to defraud, obtains in his account or any other mode of account credits or causes his or any other person’s account to be credited or to credit the account of another person; (b) in incurring, any debt or liability, obtains credit by any false pretence or by means of any other fraud; (c) with intent to defraud any of his creditors, makes or causes to be made any gift, delivery or transfer of or any charge in his property; or (d) with intent to defraud any of his creditors, conceals, sells or removes any part of his property after or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him, Where goods or credit obtained for someone else ‘ Act No. 26 of 1971 s. 4 Conspiracy to defraud Act No. 2 of 1972 Sch. is guilty of an offence and is liable to imprisonment for five years.

Section 305Verify source

§ 305AWhere goods or credit obtained for someone elseOffence

In proceedings for offences under sections 302 or 305, the accused cannot get acquittal solely because the evidence shows someone else benefited from the goods or credit obtained or attempted to be obtained.

305A. In any proceeding for an offence under section 302 or section 305 of this Code, the accused shall not be entitled to acquittal by reason only of the fact that the evidence adduced discloses that the person for whose benefit the accused obtained or attempted to obtain, the goods or, as the case may be, the credit, was a person other than the accused or the person mentioned in the charge.

Section 305AVerify source

§ 306Conspiracy to defraudOffence

Any person who conspires by deceit or fraud to affect market prices, defraud the public or anyone, or extort property commits an offence and may be imprisoned for five years.

306. Any person who conspires with another by deceit or by any fraudulent means affect the market price of anything publicly sold or to defraud the public or any person, whether a particular person or not, or to extort any property from any person, is guilty of an offence and is liable to imprisonment for five years. 135 The Penal Code [CAP. 16 R.E. 2019] Frauds on sale or mortgage of property Act No. 2 of 1972 Sch.

Section 306Verify source

§ 307Frauds on sale or mortgage of propertyOffence

A seller, mortgagor, or their advocate/agent must not hide or falsify title-related facts to trick a purchaser or mortgagee into accepting the title.

307. Any person who, being a seller or mortgagor of any property or being the advocate or agent of a seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud- (a) conceals from the purchaser or mortgagee any title, or any the to instrument material encumbrances; (b) falsifies any pedigree on which the title depends or may depend; or (c) makes any false statement as to the title offered or conceals any fact material thereto, is guilty of an offence and is liable to imprisonment for five years. Pretending to tell fortunes Obtaining registration, etc., by false pretence Act No. 2 of 1972 Sch. False declaration for passport

Section 307Verify source

§ 308Pretending to tell fortunesOffence

A person must not, for gain or reward, tell fortunes or claim occult knowledge to find stolen or lost property.

308. Any person who, for gain or reward, undertakes to tell fortunes or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found is guilty of an offence.

Section 308Verify source

§ 309Obtaining registration, etc., by false pretenceOffence

A person who wilfully uses false pretence to get, or try to get, a registration licence or certificate commits an offence.

309. Any person who wilfully procures or attempts to procure for himself or any other person any registration licence or certificate under any law by any false pretence is guilty of an offence, and is liable to imprisonment for two years.

Section 309Verify source

§ 310False declaration for passportOffence

A person must not knowingly make a false statement to get a passport for themselves or someone else.

310. Any person who makes a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or for any other person, is guilty of an offence. CHAPTER XXXII RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES 136 The Penal Code [CAP. 16 R.E. 2019] Receiving property stolen or unlawfully obtaining etc., Acts Nos. 2 of 1972;

Section 310Verify source

Part

CHAPTER XXXII

§ 311Receiving property stolen or unlawfully obtained, etcOffence

A person must not receive or keep property knowing, or having reason to believe, it was stolen or otherwise unlawfully obtained.

311. Any person who receives or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe it to have been stolen, taken, obtained, extorted, wrongfully or unlawfully converted or disposed of, is guilty of an offence and is liable to imprisonment for ten years. Persons conveying or having possession of goods suspected of having been stolen or unlawfully acquired Acts Nos. 26 of 1971 s. 5; 14 of 1980 s. 14 Cap. 20

Section 311Verify source

§ 312Persons conveying or having possession of goods suspected ofOffence

A person found with suspected stolen or unlawfully acquired property may be charged, and if they cannot satisfy the court they did not steal or unlawfully acquire it, they can be convicted and imprisoned for up to three years.

312.-(1) Any person who- (a) has been detained as a result of the exercise of the powers conferred by section 25 of the Criminal Procedure Act and is found in possession of, or conveying in any manner, anything which may be reasonably suspected of having been stolen or otherwise unlawfully acquired; or (b) is found by a police officer in possession of or having control over any property which may, having regard the circumstances, be reasonably suspected of having been stolen or otherwise unlawfully acquired, to all may be charged with being in possession of, or conveying, or having control over, as the case may be, the property which is suspected of having been stolen or otherwise unlawfully acquired and shall, if he fails to satisfy the Court that he did not steal or otherwise unlawfully acquire the property, be guilty of the offence with which he is charged and be liable, on conviction, to imprisonment for a term not exceeding three years. (2) For the purposes of this section, “unlawfully acquired” means acquired in circumstances which constitute a criminal offence under any written law and also means acquired- (a) as consideration of any sale, barter or other disposition of any property so unlawfully acquired; or (b) by way of purchase with funds, the whole or any part of which were so unlawfully acquired. (3) In proceedings for an offence under this section- (a) the accused shall not be entitled to acquittal by 137 The Penal Code [CAP. 16 R.E. 2019] Cap. 20 Unlawful possession or conveying of public stores Ords. Nos. 32 of 1951 s. 2; 10 of 1959 s. 5; R.L. Cap. 455 s. 26 G.Ns. Nos. 433 of 1961; 349 of 1976 Sch. reason only of the fact that, on the evidence before the court, he could have been charged with, or convicted of, theft or other like offence in respect of the property; (b) where the court is satisfied that the accused was detained by a police officer in the exercise of the powers conferred upon him by section 25 of the Criminal Procedure Act, it may presume that the in his possession or being property found conveyed by him may reasonably be suspected of having been stolen or otherwise unlawfully acquired by him. (4) Where an accused person is convicted of an offence under this section in respect of any property, he shall not be charged with or be convicted of an offence of stealing or other like offence in respect of the same property. for

Section 312Verify source

Part

part of which were so unlawfully acquired.

§ 312AUnlawful possession or conveying of public storesOffence

The Minister responsible for legal affairs may publish directions in the Gazette about marks for certain government stores. A person who carries, possesses, or keeps covered stores that are suspected stolen or unlawfully obtained and cannot satisfactorily explain how they got them commits an offence.

312A.-(1) The Minister time being responsible for legal affairs may, by notice published in the Gazette, give directions as to the marks which may be applied in or on any stores under the control of any branch or department of, and being the property of, the Government of the United Republic. the (2) Any person who is charged with conveying or having in his possession, or keeping in any building or place, whether open or enclosed, any stores marked in accordance with subsection (1) which may be reasonably suspected of having been stolen or unlawfully obtained and who fails to give an account to the satisfaction of the court of how he obtained it is guilty of an offence. (3) Any person conveying or having in his or keeping in any building or place, of whether open or enclosed, any stores being the property of the Defence forces of the United Republic, which may reasonably be suspected of having been stolen or unlawfully obtained, and who fails to give an account to the satisfaction of the court of how he obtained it shall be guilty of an offence. (4) For the purposes of this section the term “stores” includes all goods and chattels and any single store or article 138 The Penal Code [CAP. 16 R.E. 2019] Receiving goods stolen from outside Mainland Tanzania or part thereof, and the word “mark” includes any part of a mark.

Section 312AVerify source

§ 313Receiving goods stolen from outside Mainland TanzaniaOffence

A person who knowingly receives or possesses stolen goods from outside Mainland Tanzania without lawful excuse commits an offence.

313. Every person who, without lawful excuse, knowing anything to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed the person committing it would have been guilty of an offence, receives or has in his possession anything so stolen or obtained outside Mainland Tanzania, is guilty of an offence and is liable to imprisonment for seven years. in Mainland Tanzania CHAPTER XXXIII FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING Trustees fraudulently disposing of trust property

Section 313Verify source

Part

CHAPTER XXXIII

§ 314Trustees fraudulently disposing of trust propertyOffence

A trustee who, with intent to defraud, destroys trust property or uses it in an unauthorised way commits an offence and may be imprisoned for seven years.

314.-(1) Any person who, being a trustee of any property, and with intent to defraud destroys the property or converts it to any use not authorised by the trust is guilty of an offence, and is liable to imprisonment for seven years. (2) For the purposes of this section the term “trustee” means any of the following persons- (a) a trustee upon an express trust created by a deed, will or instrument in writing, whether for a public, private or charitable purpose; (b) a trustee appointed as such by or under the authority of any written law; (c) a person upon whom the duties of any trust in terms of this subsection devolve; or (d) an executor or an administrator of an estate.

Section 314Verify source

§ 315Misappropriation and fraud by directors and officers of corporations,Offence

Directors, officers, or members of a corporation or company commit an offence if they defraud the company by mishandling property or falsifying records.

315. Any person who- (a) being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the the corporation or books and accounts of 139 Misappropriati on and fraud by directors and officers of corporations, etc Act No. 2 of 1972 Sch. The Penal Code [CAP. 16 R.E. 2019] company, or to cause or direct entry to be made therein; or (b) being a director, officer or member of a corporation or company, does any of the following acts with intent to defraud, that is to say- (i) destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs the corporation or company, or any entry in any such book, document or account, or is privy to that act; to (ii) makes, or is privy to making, any false entry in any such book, document or account; or (iii)omits, or is privy to omitting, any material particular from any such book, document or account, is guilty of an offence, and is liable to fourteen years. imprisonment for False statements by official of companies

Section 315Verify source

§ 316False statements by official of companiesOffence

A company promoter, director, officer, or auditor must not knowingly make or publish false written statements about the company with intent to deceive, defraud, or induce investment; doing so is an offence punishable by seven years’ imprisonment.

316. Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the following, purposes- (a) to deceive or to defraud any member, shareholder or creditor of the corporation or company, whether a particular person or not; (b) to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to, the corporation or company, or to enter into any security for its benefit, is guilty of an offence and is liable to imprisonment for seven years. 140 The Penal Code [CAP. 16 R.E. 2019] Fraudulent or false accounting by clerk Act No. 2 of 1972 Sch.

Section 316Verify source

§ 317Fraudulent or false accounting by clerkOffence

A clerk, servant, or someone acting in that role commits an offence if they fraudulently destroy, alter, mutilate, falsify, or make false entries or omissions in employer-related books, documents, securities, or accounts.

317. Any person who, being a clerk or servant or being employed or acting in the capacity or a clerk or servant, does any of the following acts with intent to defraud- (a) destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document or account or is privy to that act; (b) makes or is privy to making any false entry in a book, document or account; or (c) omits or is privy to omitting any material particular from any such book, document or account, is guilty of an offence and is liable to imprisonment for fourteen years. False accounting by public officer Act. No 2 of 1972 Sch.

Section 317Verify source

§ 318False accounting by public officerOffence

A public officer responsible for public revenue or property must not knowingly give a false statement or return about money or property in their care or control.

318. Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of an offence and liable to imprisonment for seven years. CHAPTER XXXIV OFFENCES AGAINST THE SAFETY OF AVIATION Endangering safety of aviation Acts Nos. 31 of 1972 Sch.; 17 of 1989 2nd Sch.

Section 318Verify source

Part

CHAPTER XXXIV

§ 318AEndangering safety of aviationOffence

This section makes it an offence for any person to endanger aircraft safety by violence, damage, false information, or interference with aircraft or air navigation facilities, and provides for up to 30 years’ imprisonment with corporal punishment.

318A.-(1) Any person who- (a) performs an act of violence against a person on board and aircraft in flight if that act is likely to endanger the safety of the aircraft; (b) destroys an aircraft in service or causes damage to it which renders it incapable of flight or which is likely to endanger its safety in flight; (c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft or to cause damage to it which would render it 141 The Penal Code [CAP. 16 R.E. 2019] incapable of flight or to cause damage to it which is likely to endanger its safety in flight; (d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or (e) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding thirty years with corporal punishment. (2) For the purposes of this section- (a) an aircraft shall be deemed to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; and in the case of forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board; (b) an aircraft shall be deemed to be in service from the beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty four hours after any landing and the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this section; (c) an act of violence includes any threat to use violence. (3) A person may be prosecuted for an offence under this section notwithstanding that the offence was committed outside Mainland Tanzania: 142 The Penal Code [CAP. 16 R.E. 2019] Cap. 212 Provided that, save where the offence was committed on or in relation to an aircraft registered in Mainland Tanzania or owned by a citizen of the United Republic ordinarily resident in the United Republic or by a body corporate established by or under any written law, including a company incorporated under the Companies Act, no person shall be tried and punished for an offence under this section if he has been prosecuted for and convicted or, as the case may be, acquitted of the same offence or for an offence involving the same facts, by any court or other judicial authority outside Mainland Tanzania. (4) A person shall not be prosecuted for an offence under this section saves with the consent of Director of Public Prosecutions. Division VI.- Malicious Injuries to Property CHAPTER XXXV OFFENCES CAUSING INJURY TO PROPERTY Arson Act No. 2 of 1972 fire to-

Section 318AVerify source

Part

CHAPTER XXXV

§ 319ArsonOffence

A person who wilfully and unlawfully sets certain buildings, vessels, crops, fuel, or mine-related property commits an offence and is liable to life imprisonment.

319. Any person who wilfully and unlawfully sets (a) any building or structure whatever, whether completed or not; (b) any vessel, whether completed or not; (c) any stack of cultivated vegetable produce or of mineral or vegetable fuel; or (d) a mine or the workings, fittings or appliances of a mine, is guilty of an offence and is liable to imprisonment for life. Attempts to commit arson Act No. 2 of 1972 Sch.

Section 319Verify source

§ 320Attempts to commit arsonOffence

A person who unlawfully tries to set fire to certain things, or wilfully and unlawfully sets fire to nearby things likely to spread fire to them, commits an offence.

320. Any person who- (a) attempts unlawfully to set fire to anything referred to in section 319; or (b) wilfully and unlawfully sets fire to anything which is so situated that anything referred to in section 319 is likely to catch fire from it, is guilty of an offence and is liable to imprisonment for fourteen years 143 The Penal Code [CAP. 16 R.E. 2019] Setting fire to crops and growing plants fire to-

Section 320Verify source

§ 321Setting fire to crops and growing plantsOffence

It is an offence for any person to wilfully and unlawfully set fire to the listed crops, hay or grass under cultivation, or standing trees, saplings, or shrubs under cultivation.

321. Any person who wilfully and unlawfully sets (a) a crop of cultivated produce, whether standing, picked or cut; (b) crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut; or (c) any standing trees, saplings or shrubs, whether indigenous or not, under cultivation, is guilty of an offence and is liable to imprisonment for fourteen years.

Section 321Verify source

§ 322Attempting to set fire to crops, etcOffence

Any person who unlawfully tries to set fire to the listed property, or who willfully and unlawfully sets fire to something likely to spread fire to it, commits an offence and may be imprisoned for seven years.

322. Any person who- (a) attempts unlawfully to set fire to any such thing as is mentioned in section 321; or (b) willfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in section 321 is likely to catch fire from it, is guilty of an offence and liable to imprisonment for seven years.

Section 322Verify source

§ 323Casting away vesselsOffence

It is an offence for any person to wilfully and unlawfully cast away or destroy a vessel, do acts causing a vessel’s immediate loss or destruction, or interfere with navigation lights or signals in a way that endangers a vessel.

323. Any person who- (a) wilfully and unlawfully casts away or destroys any vessel whether completed or not; (b) wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or Attempting to set fire to crops, etc. Casting away vessels Ord. No. 47 of 1954 s.3 (c) with intent into danger, to bring a vessel interferes with any light, beacon, buoy, mark or signal used for purposes of navigation, or exhibits any false light or signal, is guilty of an offence and is liable to imprisonment for fourteen years. Attempts to cast away vessels Ord. No. 47 of 1954 s. 3

Section 323Verify source

§ 324Attempts to cast away vesselsOffence

A person who unlawfully tries to cast away or destroy a vessel, or do something that would immediately cause its loss or destruction, commits an offence.

324. Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress is guilty of an offence, and is liable to imprisonment for seven years. 144 The Penal Code [CAP. 16 R.E. 2019] Injuring animals Punishment for malicious injuries to property Ord. Nos. 47 of 1954 s. 3; 5 of 1961; Acts Nos. 65 of 1966 s.8; 2 of 1972 Sch.; 12 of 1998 Sch. Cap. 4 s.8 Cap. 40

Section 324Verify source

§ 325Injuring animalsOffence

A person must not wilfully and unlawfully kill, maim, or wound any animal capable of being stolen.

325. Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen is guilty of an offence.

Section 325Verify source

§ 326Punishment for malicious injuries to propertyOffence

This section makes wilfully and unlawfully destroying or damaging property an offence and sets prison terms that vary by the type of property and the risk caused.

326.-(1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, and except as otherwise provided in this section, is liable to imprisonment for seven years. (2) Where the property in question is a dwelling house or a vessel, and the injury is caused by the explosion of any explosive substance, and if (a) any person is in the dwelling house or vessel; or (b) the destruction or damage actually endangers the life of any person, the offender is liable to imprisonment for life. (3) Where the property in question- (a) is a bank or wall of a river, canal, aqueduct, reservoir or inland water or work which appertains to a dock, reservoir or inland water, and the injury causes actual danger of inundation or damage to any land or building; (b) is a railway, a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a railway, highway or canal passes, and the property is destroyed; (c) being a railway or being any such bridge, viaduct or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway or canal passing over or under it or any part thereof, dangerous or impassable, and is thereby rendered wholly or partly dangerous or impassable; or (d) is the pipeline referred to in the Tanzania – Zambia Pipeline Act and the damage is done with intent to prevent or obstruct the use of the pipeline, the offender is liable to imprisonment for life. (4) Where the property in question is a testamentary instrument, whether the testator is living or dead, or a 145 The Penal Code [CAP. 16 R.E. 2019] register which is authorized or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender is liable to imprisonment for fourteen years. (5) Where the property in question is vessel in distress or wrecked or stranded, or anything which belongs to the vessel, the offender is liable to imprisonment for seven years. (6) Where the property in question is any part of a railway, or any work connected with a railway, the offender is liable to imprisonment for fourteen years. (6A) Where the property in question is used or intended to be used for the purpose of providing necessary service, the offender is guilty of an offence and- (a) where the offence is likely to result in danger to human life or to disrupt, damage, hinder or interfere with any necessary service or the carrying on of such service, shall be liable to imprisonment for a term of not less than twenty years but shall not exceed thirty years; (b) where the offence is committed in circumstances which do not result in danger to human life, shall be liable to imprisonment for a term of not less than fifteen years but shall not exceed twenty years. (6B) In this section, “necessary service” includes- (a) any service relating to installation, transmission, or distribution electricity of supply or telecommunication; (b) any fire service; (c) any sewerage, rubbish disposal or other sanitation service; (d) any health, hospital or ambulance service; (e) any service relating to the supply or distribution of water, gas or petroleum; 146 The Penal Code [CAP. 16 R.E. 2019] (f) any road, railway, bridge, underground tunnel, car park, ferry, pontoon, pipeline for the supply of water or fuel, airfield, harbour or dock. (7) Where the property in question is used for the purpose of generating, transmitting or distributing electricity, the offender is liable and- (a) if the offence is likely to result in danger to human life, to imprisonment for fourteen years; or (b) in any other case, to imprisonment for seven years. (8) A person is liable to imprisonment for seven years if the property in question- (a) being a vessel, whether completed or not, is destroyed; (b) being a vessel whether completed or not, is damaged, and the damage is done with intent to destroy it or render it useless; (c) is a light, beacon, buoy, mark or signal, used for the purposes of navigation or for the guidance of persons engaged in navigation; (d) is a bank or wall of a river, canal, aqueduct, reservoir or inland water or a work which appertains to a dock, canal, aqueduct, reservoir, or inland water, or which is used for the purposes of landing or unlanding goods; (e) being a railway, or being a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a highway, railway or canal passes, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same or any part thereof, dangerous or impassable; (f) being anything in process of manufacture, or an agricultural or manufacturing machine, or a implement, or a machine or manufacturing appliance used or intended to be used for the performing any process connected with 147 The Penal Code [CAP. 16 R.E. 2019] preparation of any agricultural or pastoral produce, is destroyed; (g) being anything referred to in paragraph (f), is damaged and the damage is done with intent to destroy the thing in question or to render it useless; (h) is a shaft or a passage of a mine and the injury is done with intent to damage the mine or obstruct its working; (i) is a machine, appliance, apparatus, building, erection, bridge or road, appertaining to or used with a mine, whether the thing in question is completed or not; (j) being a rope, chain or tackle, of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed; (k) omitted (l) is a well, or bore for water, or the dam, bank, wall or floodgate of a millpond or pool. (9) Where the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is liable to imprisonment for seven years.

Section 326Verify source

§ 327Attempts to destroy property by explosivesOffence

A person must not unlawfully place an explosive substance anywhere with intent to destroy or damage property.

327. Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatever is guilty of an offence and is liable to imprisonment for fourteen years.

Section 327Verify source

§ 328Communicating infectious diseases to animalsOffence

A person commits an offence if they wilfully and unlawfully cause, help cause, or try to cause an infectious disease to be communicated to or among animals capable of being stolen.

328. Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen is guilty of an offence and is liable to imprisonment for seven years Attempts to destroy property by explosives Communicatin g infectious diseases to animal Removing boundary marks with intent to defraud

Section 328Verify source

§ 329Removing boundary marks with intent to defraudRepeal

A person who willfully and unlawfully, with intent to defraud, removes or defaces boundary marks on land commits an offence.

329. Any person who, willfully and unlawfully and with intent to defraud, removes or defaces any object or mark which has lawfully erected or made as an indication of the boundary of any land is guilty of an offence and is liable to imprisonment for three years. 148 The Penal Code [CAP. 16 R.E. 2019] Repealed

Section 329Verify source

§ 330RepealedRepeal

Section 330 is repealed.

330. Repealed. R.L. Cap. 390 s. 33. Causing damage, etc., to railway works

Section 330Verify source

§ 331Causing damage, etc, to railway worksOffence

It is an offence for any person to damage, obstruct, interfere with, trespass on, or molest railway works or related railway property/personnel.

331. Any person who- (a) wilfully damages, injures or obstructs any work, way, road, to building, turnstile, gate, toll bar, fence, weighing machine, tender, carriage, wagon, truck, material or plant acquired for or belonging to any railway works; engine, (b) pulls up, removes, defaces or destroys, or in any way interferes with, any poles, stake flags, pegs, line, marks or anything driven or placed in or upon the grounds trees, stones or buildings, or any other material belonging to any railway works; (c) commits any nuisance or trespass in or upon any land buildings or premises acquired for or belonging to any railway works; or (d) wilfully molests, hinders or obstructs the officer in charge of any railway or his assistants or workmen in the execution of any work done or to be done in reference to the construction or maintenance of the railway, Threats to burn or destroy Defacing bank notes Act. No. 23 0f 2019 s. 65 is guilty of an offence and is liable to imprisonment for three months or to a fine of four hundred shillings.

Section 331Verify source

§ 332Threats to burn or destroyOffence

A person who knowingly sends or causes to be received a threatening letter or writing about burning, destroying, or harming specified property or cattle commits an offence and may be imprisoned for seven years.

332. Any person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn or other building or any rick or stack of grain, hay or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim or wound any cattle, is guilty of an offence and is liable to imprisonment for seven years.

Section 332Verify source

§ 332ADefacing bank notesInterpretation

Any person must not wilfully and without authority deface, tear, cut, or otherwise mutilate legal-tender bank notes or currency notes.

332A. Any person who, without authority, wilfully defaces, tears, cuts or otherwise mutilates any bank note or currency note which is legal tender, is guilty of an schedule offence and is liable on conviction to a fine of five hundred thousand shillings for each note defaced or, in default, to imprisonment for a term of one year. 149 The Penal Code [CAP. 16 R.E. 2019] Kite-flying Act No 17 of 1990 3rd Sch. Definition of forgery Act No. 5 of 1990 Sch. Interpretation of document

Section 332AVerify source

§ 332BKite-flyingInterpretation

It is an offence to fraudulently get credit or money from a banker by kite-flying, and a bank employee who fraudulently helps do so also commits an offence.

332B.-(1) Subject to subsection (3), any person who fraudulently obtains credit or money of any amount from a banker by means of kite-flying is guilty of an offence and liable on conviction to imprisonment for a term not exceeding ten years. (2) Any person employed by a bank who, by virtue of his office fraudulently assists another person to obtain credit or money of any amount from a bank by means of kite-flying is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding ten years. (3) A person shall be presumed fraudulent and guilty of an offence under this section if the cheque drawn by him is not honoured for reason of lack or insufficiency of funds in the account and within eight days after he is informed of the dishonoured cheque he fails or refuses to make good on the account. (4) Where any person is convicted of an offence under this section the court shall order the forfeiture to the United Republic of any money, goods or property obtained in the course of or after the commission of the offence, as well as full compensation to the bank in respect of the money involved in the kite-flying. (5) For the purposes of this section the expression “kite-flying” means obtaining money or credit by cheque on an account which has insufficient or no funds at all, thereby causing an unauthorised overdraft to a banker. Division VII. — Forgery, Coining, Counterfeiting and Similar Offences CHAPTER XXXVI DEFINITIONS

Section 332BVerify source

Part

CHAPTER XXXVI

§ 333Definition of forgeryInterpretation

Forgery means making a false document with intent to defraud or deceive.

333. Forgery is the making of a false document with intent to defraud or to deceive.

Section 333Verify source

§ 334Interpretation of “document”Interpretation

In this Division, “document” does not include a trade mark or other sign used with articles of commerce, even if written or printed.

334. The term “document” in this Division of this Code does not include a trade mark or any other sign used in 150 The Penal Code [CAP. 16 R.E. 2019] Making false documents Act No. 14 of 1980 s.15 connection with articles of commerce though they may be written or printed.

Section 334Verify source

§ 335Making false documentProvision

A person makes a false document if they create, alter, insert into, or sign a document without authority in the ways listed, with intent to defraud.

335. Any person makes a false document who - (a) makes a document which is false or which he has reason to believe is untrue; (b) alters a document without authority in such a manner that if the alteration had been authorised it would have altered the effect of the document; (c) introduces into a document without authority, whilst it is being drawn up, matter which if it had been authorised would have altered the effect of the document; (d) signs a document- (i) in the name of any person without his authority, whether such name is or is not the same as that of the person signing; (ii) in the name of any fictitious person alleged to exist whether the fictitious person is or is not alleged to be of the same name as the person signing; (iii)in the name represented as being the name of a different person from that of the person signing it and intended to be mistaken for the name of that person; (iv) in the name of a person personated by the person signing the document, provided that the effect of the instrument depends upon the identity between the person signing the document and the person whom he professes to be. Intent to defraud

Section 335Verify source

§ 336Intent to defraudProvision

The section presumes intent to defraud in certain false-document cases.

336. An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent that person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document. 151 The Penal Code [CAP. 16 R.E. 2019] CHAPTER XXXVII PUNISHMENTS FOR FORGERY

Section 336Verify source

Part

CHAPTER XXXVII

§ 337Offence of, and general punishment for forgeryOffence

A person who forges a document commits an offence and is generally liable to up to seven years’ imprisonment, unless some other punishment applies in the stated circumstances.

337. Any person who forges any document is guilty of an offence, and liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for seven years.

Section 337Verify source

§ 338Forgeries punishable by imprisonment for lifeOffence

A person who forges certain specified documents or payment instruments commits an offence and may be imprisoned for life.

338. Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for life and the court may in addition order that any such document be forfeited to the United Republic.

Section 338Verify source

§ 339Forgery of judicial or official documentOffence

Forging any judicial or official document is punishable by imprisonment for seven years.

339. Any person who forges any judicial or official document is liable to imprisonment for seven years. Offence of and general punishment for, forgery Act No. 2 of 1972 Sch. Forgeries punishable by imprisonment for life R.L. Cap. 500 s. 12 Forgery of judicial or official document Forgeries punishable by imprisonment for seven years

Section 339Verify source

§ 340Forgeries punishable by imprisonment for seven yearsProvision

This section makes stamp forgery and related possession or alteration conduct punishable by imprisonment for seven years.

340.-(1) In this section, the term “stamp” means any stamp used for the purposes of revenue or by any Government department. (2) Any person who- (a) forges any stamp whether impressed or adhesive; (b) without lawful excuse, the proof whereof shall lie upon him, makes or has knowingly in his possession any die or instrument capable of making the impression of any stamp; (c) fraudulently cuts, tears in any way, or removes from any material any stamp with intent that another use shall be made of the stamp or any part of it; (d) fraudulently mutilates any stamp with intent that another use shall be made of the stamp; (e) fraudulently fixes or places upon any material or upon any such stamp a stamp or part of a stamp which whether fraudulently or not has been cut, 152 The Penal Code [CAP. 16 R.E. 2019] torn or in any way removed from any other material or out of or from any other stamp; (f) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date or other matter or thing whatsoever written that another use shall be made of the stamp upon that material; or thereon with intent Making or having in possession paper or implements for forgery Cap. 500 s. 36; Act No. 12 of 1966 Sch. (g) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise really or apparently removed, is liable to imprisonment for seven years

Section 340Verify source

Part

part of it;

§ 341Making or having in possession paper or implements for forgeryOffence

A person must not make, use, possess, or engrave specified paper, tools, or materials connected with forgery of currency or similar documents, unless lawful authority or excuse is proved.

341. Any person who without lawful authority or excuse, proof whereof lies upon him- (a) makes, uses or knowingly has in his custody or possession any paper intended to resemble and pass as special paper such as is provided and used for making any currency note or bank note; (b) makes, uses or knowingly has in his custody or possession, any frame, mould or instrument for making such paper, or for producing in or on such paper any words, figures, letters, marks, lines or devices peculiar to and used in or on any such paper; (c) engraves or anywise makes upon any plate, wood, stone or other material, any words, figures, letters, marks, lines or devices, the print whereof resembles in whole or in part any words figures, letters, marks, lines or devices peculiar to and used in or on any currency note or bank note or in or on any document entitling or evidencing the title of any person to any share or interest in any 153 The Penal Code [CAP. 16 R.E. 2019] public stock, annuity, fund or debt of any part of the Commonwealth or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without the Commonwealth; (d) uses or knowingly has in his custody or possession any plate, wood, stone or other material, upon which any such words, figures, letters marks, lines or devices have been engraved or in anywise made as aforesaid; or (e) uses or knowingly has in his custody or possession, any paper upon which any such words, figures, letters, marks, lines or devices have been printed or in anywise made as aforesaid, Uttering false documents Uttering cancelled or exhausted documents is guilty of an offence and is liable to imprisonment for seven years

Section 341Verify source

§ 342Uttering false documentsOffence

A person who knowingly and fraudulently utters a false document commits an offence and is liable to the punishment for forgery for that document.

342. Any person who knowingly and fraudulently utters a false document is guilty of an offence and is liable to the punishment, provided for in respect of the offence of forgery in relation to that document.

Section 342Verify source

§ 343Uttering cancelled or exhausted documentsOffence

A person must not knowingly pass off a revoked, cancelled, suspended, or otherwise lapsed document as if it were still valid.

343. Any person who knowingly utters for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by affluxion of time, or by death, or by the happening of any other event, is guilty of an offence and is liable to the same punishment, as if he had forged the document. Procuring execution of documents by false pretences

Section 343Verify source

§ 344Procuring execution of documents by false pretencesOffence

A person commits an offence if they use false or fraudulent statements about a document to get someone else to sign or execute it.

344. Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another person to sign or execute the document, is guilty of an offence and is liable to the same punishment, as if he had forged the document. Obliterating crossing on cheques

Section 344Verify source

§ 345Obliterating crossing on chequesOffence

A person who intends to defraud must not alter a cheque’s crossing or knowingly pass a crossed cheque whose crossing has been changed. The penalty is imprisonment for seven years.

345. Any person who, with intent to defraud- (a) obliterates, adds to or alters the crossing on a cheque; or 154 The Penal Code [CAP. 16 R.E. 2019] Making documents without authority Demanding property upon forged testamentary instrument (b) knowingly utters a crossed cheque, the crossing on which has been obliterated, added to or altered, is guilty of an offence, and is liable to imprisonment for seven years.

Section 345Verify source

§ 346Making documents without authorityOffence

A person who, with intent to defraud or deceive, makes or signs a document without lawful authority, or knowingly uses such a document made by another person, commits an offence and can be imprisoned for seven years.

346. Any person who, with intent to defraud or to deceive- (a) without lawful authority or excuse, makes, signs or executes for or in the name or account of another person, whether by procuration or otherwise, any document or writing; or (b) knowingly utters any document or writing so made, signed or executed by another person, is guilty of an offence and is liable to imprisonment for seven years.

Section 346Verify source

§ 347Demanding property upon forged testamentary instrumentsOffence

A person who knowingly uses probate or letters of administration based on a forged testamentary instrument or false evidence to get property or money commits an offence.

347. Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence and is liable to the same punishment as if he had forged the document by virtue whereof he procures the delivery or payment. Purchasing forged notes

Section 347Verify source

§ 348Purchasing forged notesOffence

A person must not buy, receive, or possess a forged bank note or currency note knowing it is forged, unless they have lawful authority or excuse.

348. Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession, a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of an offence, and is liable to imprisonment for seven years. Falsifying warrants for money payable under public authority

Section 348Verify source

§ 349Falsifying warrants for money payable under public authorityOffence

A public servant must not knowingly and fraudulently make out or deliver a warrant for the wrong amount.

349. Any person who, being employed in the public service, knowingly and with intent to defraud, makes out or delivers to any person a warrant for the payment of any money payable by a public authority for a greater or lesser amount than that to which the person on whose behalf the 155 The Penal Code [CAP. 16 R.E. 2019] warrant is made out is entitled, is guilty of an offence and is liable to imprisonment for seven years. Falsification of register

Section 349Verify source

§ 350Falsification of registerOffence

A person who has custody of a register or record kept by lawful authority must not knowingly allow a false entry to be made in it.

350. Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of an offence and is liable to imprisonment for seven years Sending false certificate of marriage to registrar

Section 350Verify source

§ 351Sending false certificate of marriage to registerOffence

A person must not sign or send a false marriage certificate, or a document falsely purporting to be one, to the person authorised to register marriages.

351. Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be certificate of marriage, which in any material particular is to his knowledge false, is guilty of an offence and is liable to imprisonment for seven years. False statements for registers of births, deaths and marriages

Section 351Verify source

§ 352False statements for registers of births, deaths and marriagesOffence

A person must not knowingly make a false statement meant to be entered in a register of births, deaths, or marriages.

352. Any person who knowingly and with intent to procure the same to be inserted in a register of births, deaths or marriages, makes any false statement touching any matter required by law to be registered in any such register, is guilty of an offence and is liable to imprisonment for three years. Wrongful issue of notes Act No. 12 of 1966 Sch. R.E. Cap. 197

Section 352Verify source

§ 352AWrongful issue of notesInterpretation

A person must not issue, or help issue, notes pretending to be Tanzanian currency unless it is in line with the Bank of Tanzania Act.

352A. Any person who issues or is a party to issuing- (a) any note purporting to be a currency note of Tanzania; or (b) any bank note purporting to be currency in Tanzania, otherwise than in accordance with the provisions of the Bank of Tanzania Act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years. 156 The Penal Code [CAP. 16 R.E. 2019] CHAPTER XXXVIII OFFENCES RELATING TO COIN Definitions R.L. Cap. 500 s. 36; Act No. 12 of 1966 Sch.

Section 352AVerify source

Part

CHAPTER XXXVIII

§ 353DefinitionsInterpretation

This section defines “coin” and “counterfeit coin” for the Chapter.

353. In this Chapter- “coin” includes any coin coined in a mint for use in Tanzania, or lawfully current in Tanzania or in any part of the Commonwealth; and any coin of a foreign sovereign or state, and coin which was at any time legal tender in Tanzania or in any other country and which is convertible into coin of legal tender therein; “counterfeit coin” means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination. Counterfeiting coins

Section 353Verify source

Part

part of the Commonwealth; and any coin of a foreign

§ 354Counterfeiting coinsOffence

Making or trying to make counterfeit coins is an offence and can lead to life imprisonment.

354. Any person who makes or attempts to make any counterfeit coin is guilty of an offence and is liable to imprisonment for life. Preparations for coining

Section 354Verify source

§ 355Preparations for coiningOffence

It is an offence to prepare, handle, or deal in counterfeit coin or related coin-making equipment in the ways described, and the penalty is life imprisonment.

355. Any person who- (a) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; (b) makes any piece of metal into a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; or (c) without lawful authority or excuse, the proof of which lies on him- (i) buys, sells, receives, pays or disposes of any counterfeit coin at a lower rate than it to intended is apparently imports or import, or offers to do any such thing; (ii) brings or receives into Tanzania any to be counterfeit coin, knowing counterfeit; it (iii)makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any 157 The Penal Code [CAP. 16 R.E. 2019] part of either side thereof, knowing the same to be a stamp or mould or to be so adapted; tool, (iv) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any instrument or machine which is adapted and intended to be used for making coin round the edges apparently with marks resembling those on the edges of any coin, knowing the same to be so adapted and intended; or figures or (v) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any press for coinage, or any tool, instrument or machine which is adapted for cutting round blanks out of gold, silver or other metal, knowing the press, tool, instrument or machine to have been used or to be intended to be used for making any counterfeit coin, is guilty of an offence and is liable to imprisonment for life. Clipping

Section 355Verify source

Part

part of either side thereof, knowing the

§ 356ClippingOffence

A person must not deal with a coin so as to reduce its weight if the intent is for it to pass as coin; doing so is an offence punishable by up to seven years’ imprisonment.

356. Any person who deals with any coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as coin, is guilty of an offence and is liable to imprisonment for seven years. Melting down of coin Act No. 5 of 1990 Sch.

Section 356Verify source

§ 357Melting down of coinOffence

A person must not melt down, break up, or deface a coin current in Tanzania.

357. Any person who melts down, breaks up or defaces by stamping thereon any name, word or mark any coin current for the time being in Tanzania is guilty of an offence, and is liable to imprisonment for two years or to a fine of fifty thousand shillings or to both. Impounding and destruction of counterfeit coin Act No. 12 of 1966 Sch.

Section 357Verify source

§ 358Impounding and destruction of counterfeit coinProvision

Officers of government and bank managers must impound suspected counterfeit coins and send them to an appointed Bank of Tanzania officer, who may cut, deface, or destroy them.

358.-(1) Any officer of the Government or the manager of any bank who receives, during the performance of his duties, any coin which he has reasonable ground for believing to be counterfeit coin shall impound such coin and transmit it to an officer of the Bank of Tanzania appointed by the Bank for the purpose who may cut, deface or destroy it 158 The Penal Code [CAP. 16 R.E. 2019] Possession of clippings Uttering counterfeit coin Repeated uttering with or without compensation, as he thinks fit, if in his opinion it is counterfeit. (2) The decision of an officer of the Bank of Tanzania appointed by the Bank for the purpose that a coin is counterfeit and that compensation should be granted or withheld shall be final, and no person shall be entitled to claim, and no proceedings or action shall be brought, against the Bank of Tanzania or the Government in respect of any loss or damage suffered by reason of such impounding and cutting, defacing or destruction. in his

Section 358Verify source

§ 359Possession of clippingsOffence

Any person who unlawfully possesses or disposes of certain gold or silver clippings or related forms, knowing they were obtained by reducing coin weight, commits an offence and is liable to seven years’ imprisonment.

359. Any person who unlawfully has possession, or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of an offence and is liable to imprisonment for seven years.

Section 359Verify source

§ 360Uttering counterfeit coinOffence

A person commits an offence if they utter a counterfeit coin knowing it is counterfeit.

360. Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of an offence.

Section 360Verify source

§ 361Repeated utteringOffence

A person who knowingly utters or keeps counterfeit coins in the listed situations commits an offence and can be imprisoned for three years.

361. Any person who- (a) utters any counterfeit coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit coin; (b) utters any counterfeit coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit coin, knowing it to be counterfeit; or (c) has in his possession three or more pieces of counterfeit coin, knowing them to be counterfeit and with intent to utter any of them, is guilty of an offence and liable to imprisonment for three years. Uttering medal or metal as coin

Section 361Verify source

§ 362Uttering medal or metal as coinOffence

A person who, with intent to defraud, passes a medal or piece of metal as coin when it is worth less than the coin commits an offence.

362. Any person who, with intent to defraud, utters as and for coin any medal or piece of metal, whether a coin or not, which is of less value than the coin as and for which it is 159 The Penal Code [CAP. 16 R.E. 2019] Exporting counterfeit coin Forfeiture R.L. Cap. 500 s. 12 Possession of die used for purposes of marking stamps R.L. Cap. 500 ss. 12 and 36 uttered, is guilty of an offence and is liable to imprisonment for one year.

Section 362Verify source

§ 363Exporting counterfeit coinOffence

A person commits an offence if they knowingly export, or load for export, counterfeit coin from Tanzania without lawful authority or excuse.

363. Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board a vessel or vehicle of any kind for the purposes of being exported from Tanzania, any counterfeit coin whatever, knowing it to be counterfeit, is guilty of an offence.

Section 363Verify source

§ 364ForfeitureOffence

If someone is convicted under this Chapter or Chapter XXXVII, the court must order forfeiture to the Republic of certain forged, counterfeit, and related items.

364. When any person is convicted of an offence under this Chapter, or Chapter XXXVII, the court shall order the forfeiture to the Republic of any forged bank note, currency note, counterfeit coin, stamp, mould, tool, instrument, machine, press or any coin, bullion or metal used or employed in the commission of the offence. CHAPTER XXXIX COUNTERFEIT STAMPS

Section 364Verify source

Part

CHAPTER XXXIX

§ 365Possession of die used for purpose of making stampsOffence

A person who handles counterfeit-stamp making tools, related stamp materials, or previously used stamps without lawful authority or excuse commits an offence and can be imprisoned for seven years.

365. Any person who, without lawful authority or excuse, the proof of which lies on him- (a) makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his possession, or disposes of any die, plate or instrument used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue or of the Tanzania Posts Corporation or of any foreign country, or capable of producing in or on paper any words, figures, letters, marks or lines used in or on any paper specially provided by the proper authority for any such purpose (b) knowingly has in his possession or disposes of any paper or other material which has on it the impression of any die, plate or instrument, or any paper which has on it or in it any words, figures, letters, marks or lines referred to in paragraph (a) (c) fraudulently, and with intent that use may be 160 The Penal Code [CAP. 16 R.E. 2019] made of any stamp or of any part of it, removes in any way the stamp from any material whatever; (d) fraudulently, and with intent that use may be made of any part of a stamp, mutilates the stamp; (e) fraudulently fixes or places upon any material or upon any such stamp, any stamp or part of a stamp which has been in any way removed from any other material, or cut off or from any other stamp; (f) fraudulently, and with intent that use may be made of any stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, from the material anything whatever written on it; (g) knowingly has in his possession or disposes of anything obtained or prepared by any unlawful act prohibited under paragraphs (a) to (f); or as aforesaid; or (h) fraudulently or with intent to cause loss to the public revenue, uses for any purpose any stamp which he knows to have been previously used, is guilty of an offence and is liable to imprisonment for seven years and any die, plate, instrument, paper or other thing referred to in this section which is found in his possession shall be forfeited to the United Republic.

Section 365Verify source

§ 366Paper and dies for postage stampsRepeal

It is an offence for any person, without lawful authority or excuse, to make, use, possess, or dispose of imitation postage stamps or related dies, plates, instruments, or materials.

366. Any person who, without lawful authority or excuse, the proof of which lies on him- (a) makes or begins or prepares to make, or uses for any postal purposes, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of Tanzania or of any foreign country; or (b) makes or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of any die, plate, instrument or material 161 Paper and dyes for postage stamps R.L. CAP. 500 ss. 12 and 36 The Penal Code [CAP. 16 R.E. 2019] for making any such imitation or representation, is guilty of an offence, and is liable to imprisonment for one year, or to a fine of one hundred thousand shillings and any stamps or other things referred to in this section which are found in his possession, shall be forfeited to the United Republic. (2) For the purposes of this section a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown. CHAPTER XL COUNTERFEITING TRADE MARKS Repealed2 367-368 Repealed by Act No 20 of 1963 s.19 CHAPTER XLI PERSONATION Personation in general Cap. 4 s.8 369-(1) Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of an offence. (2) Where the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the offence to obtain that property or possession thereof, he is liable to imprisonment for seven years. Falsely acknowledging deeds, recognisances, etc

Section 366Verify source

Part

CHAPTER XLI

§ 370Falsely acknowledging deeds, recognisances, etcRepeal

A person commits an offence if, without lawful authority or excuse, they make an acknowledgement in another person’s name before a court or other person lawfully taking the acknowledgement.

370. Any person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person before any court or person lawfully such an acknowledgement, an authorized take acknowledgement of liability of any kind, or an acknowledgement of a deed or other instrument, is guilty of an offence. to 2 Note: Chapter XL repealed by the Merchandise Marks Act, 1963(Act No. 20 of 1963 s.19) was retained under the R.E 2002 but is now omitted after the coming into operation of the Merchandise Marks Act vide G.N 94/2005 162 The Penal Code [CAP. 16 R.E. 2019] Personation of person named in certificate Lending, etc., certificate for personation

Section 370Verify source

§ 371Personation of person named in certificateOffence

A person who uses a lawful document issued to someone else and pretends to be the person named in it commits an offence and is punished as if the document had been forged.

371. Any person who utters any document which has been issued by lawful authority to another person and whereby that other person is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled exercise any profession, trade or business, or to be entitled to any right of privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.

Section 371Verify source

§ 372Lending, etc., certificate for personationOffence

A person who has an officially issued certificate of qualification, office, privilege, rank, or status must not sell, give, or lend it to someone else if the intent is that the other person impersonates the named person.

372. Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right of privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that, that other person may represent himself to be the person named therein, is guilty of an offence. Personation of person named in testimonial of character

Section 372Verify source

§ 373Personation of person named in testimonial of characterOffence

A person must not use a testimonial document given to someone else to get employment.

373. Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial character given to another person, is guilty of an offence, and is liable to imprisonment for one year. Lending etc., testimonial for personation

Section 373Verify source

§ 374Lending, etc., testimonial for personationRepeal

A person who has been given a document mentioned in section 373 must not give, sell, or lend it to someone else with the intent that the other person use it to obtain employment.

374. Any person who, being a person to whom any such document as is mentioned in section 373 has been given, gives, sells or lends such document to another person with intent that other person may utter the document for the purpose of obtaining any employment, is guilty of an offence. CHAPTER XLII SECRET COMMISSIONS Repealed 375-379. Repealed by R.L. Cap. 400 s. 15. 163 The Penal Code [CAP. 16 R.E. 2019] Division VIII. - Attempts, Conspiracies to Commit Crimes, Accessories after the Fact, and Solicitation and Incitement Attempt defined CHAPTER XLIII ATTEMPTS

Section 374Verify source

Part

CHAPTER XLIII

§ 380Attempt definedOffence

A person who starts carrying out an intended offence with an overt act, but does not complete it, is treated as attempting the offence.

380.-(1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfill his intention to such extent as to commit the offence, he is deemed to attempt to commit the offence. (2) It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfillment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention. (3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence. Attempt to commit offence

Section 380Verify source

§ 381Attempt to commit offencesOffence

Trying to commit an offence is itself an offence, punishable by up to two years in prison, a fine, or both unless another punishment is provided.

381. Any person who attempts to commit an offence is guilty of an offence for which, unless a different punishment is provided, he is liable to imprisonment for two years or a fine or both. Punishment of attempts to commit offence

Section 381Verify source

§ 382Punishment of attempts to commit offencesOffence

A person who attempts to commit a very serious offence is guilty of an offence, and if no other punishment is provided, may be imprisoned for seven years.

382. Any person who attempts to commit an offence of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of fourteen years or more with or without other punishment, is guilty of an offence and is liable, if no other punishment is provided, to imprisonment for seven years. Neglect to prevent offence

Section 382Verify source

§ 383Neglect to prevent offenceOffence

A person who knows another is planning or committing an offence must use all reasonable means to stop it.

383. Every person who knowing that a person designs to commit or is committing an offence, fails to use all reasonable means the commission or to prevent completion thereof, is guilty of an offence. 164 The Penal Code [CAP. 16 R.E. 2019] CHAPTER XLIV CONSPIRACIES Conspiracy to commit an offence punishable with imprisonment for three or more years of imprisonment Conspiracy to commit an offence punishable with imprisonment for less than three years Other conspiracies Act. No. 5 of 1971 2nd sch

Section 383Verify source

Part

CHAPTER XLIV

§ 384Conspiracy to commit offence punishable with imprisonment forOffence

Conspiring to commit certain serious offences is an offence, and the person is liable to imprisonment.

384. Any person who conspires with another to commit any offence, punishable with imprisonment for a term of three years or more, or to do any act in 'any part of world which if done in Tanzania would be an offence so punishable, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of an offence, and is liable if no other punishment is provided, to imprisonment for seven years or, if the greatest punishment to which a person convicted of the offence in question is liable is less than imprisonment for seven years, then to such lesser punishment.

Section 384Verify source

§ 385Conspiracy to commit offence punishable with imprisonment forOffence

A person commits an offence if they conspire with someone else to commit a less-serious offence, including conduct done outside Tanzania that would be such an offence in Tanzania and is also unlawful where it is proposed to be done.

385. Any person who conspires with another to commit an offence punishable with imprisonment for a term of less than three years, or to do any act in any part of the world which if done in Tanzania would be, an offence so punishable, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of an offence.

Section 385Verify source

§ 386Other conspiraciesInterpretation

A person commits an offence by conspiring with another to achieve certain unlawful or harmful purposes.

386.-(1) Any person who conspires with another to effect any of the following purposes, that is to say - (a) to prevent or defeat the execution or enforcement of any written law; (b) to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; (c) to prevent or obstruct the free and lawful disposition of any property by the owner for its fair value; (d) to injure any person in his trade or profession; or (e) to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, 165 The Penal Code [CAP. 16 R.E. 2019] profession or occupation; (f) to effect any unlawful purpose; or (g) to effect any lawful purpose by any unlawful means,is guilty of an offence. (2) For the avoidance of doubt, it is hereby declared that a husband and wife may be guilty of conspiring together, whether their marriage is a monogamous marriage or a polygamous marriage. CHAPTER XLV ACCESSORIES AFTER THE FACT Definition of accessories after the fact

Section 386Verify source

Part

CHAPTER XLV

§ 387Definition of accessories after the factInterpretation

A person becomes an accessory after the fact if they knowingly help someone who has committed an offence escape punishment. The section also creates spousal exceptions.

387.-(1) A person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, an accessory after the fact of the offence. (2) A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting, in her husband's presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become accessory after the, fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.

Section 387Verify source

§ 388Punishment of accessories after the fact to offences punishable withOffence

A person who becomes an accessory after the fact to an offence punishable by at least three years’ imprisonment commits an offence, and may be sentenced to seven years’ imprisonment if no other punishment is provided.

388. Any person who becomes an accessory after the fact to an offence punishable with imprisonment for three years or more, is guilty of an offence, and is liable, if no other Punishment is provided, to imprisonment for seven years.

Section 388Verify source

§ 389Punishment of accessories after the fact to offences punishable withOffence

A person who becomes an accessory after the fact to an offence punishable by less than three years’ imprisonment is guilty of an offence.

389. Any person who becomes an accessory after the fact to an offence punishable with imprisonment for less than three years is guilty of an offence. 166 Punishment of accessories after the fact to offences punishable with three or more years imprisonment Act No. 2 of 1972 Sch. Punishment of accessories after the fact to offences punishable with less than three years imprisonment The Penal Code [CAP. 16 R.E. 2019] CHAPTER XLVI SOLICITATION AND INCITEMENT Soliciting or inciting commission of offence Ord. No. 47 of 1954 s. 2

Section 389Verify source

Part

CHAPTER XLVI

§ 390Soliciting or inciting commission of offenceOffence

A person commits an offence by soliciting or inciting someone else to commit an offence, even if the attempt has no effect.

390. Any person who solicits or incites another to commit an offence is guilty of an offence notwithstanding that the solicitation or incitement has no effect. ___________________________________ 167

Section 390Verify source

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5 referenced instruments

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A–F

2 instruments

Civil Procedure Code
Section 284A
Criminal Procedure Act
Section 312

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1 instrument

Merchandise Marks Act
Section 370

N–S

1 instrument

Republic or came into the possession of the offender by 122 The Penal Code
Section 270

T–Z

1 instrument

Tanzania Act
Section 352A

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