The Criminal Procedure Act
Part 1 of 5 · provisions 1–200
This section sets out the procedure to be used for the trial of offences.
AI-assisted research synopsis — verify against the official legal text below.
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- Tanzania
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- Citation
- The Criminal Procedure Act
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- en
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Statute overview
About this statute
This section sets out the procedure to be used for the trial of offences. 5. Overriding objective. part ii PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS A. - Arrest, Escape, Recapture, Search Warrants and Seizure (a) Preliminary Provisions This section concerns a person who is under restraint and in lawful custody. This Part applies to police officers. This section concerns a duty to give information about crimes and sudden deaths.
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Legal text
Provisions of The Criminal Procedure Act
Showing 200 of 827
- 4 Verify source ↗
Procedure to be adopted for trial of offences
AI-assisted research summary: This section sets out the procedure to be used for the trial of offences.
4. Procedure to be adopted for trial of offences. - 5 Verify source ↗
Overriding objective
AI-assisted research summary: 5. Overriding objective. part ii PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS A. - Arrest, Escape, Recapture, Search Warrants and Seizure (a) Preliminary Provisions
5. Overriding objective. part ii PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS A. - Arrest, Escape, Recapture, Search Warrants and Seizure (a) Preliminary Provisions
Part
part ii
- 6 Verify source ↗
When person is under restraint and in lawful custody
AI-assisted research summary: This section concerns a person who is under restraint and in lawful custody.
6. When person is under restraint and in lawful custody. - 7 Verify source ↗
Application of this Part to police officers
AI-assisted research summary: This Part applies to police officers.
7. Application of this Part to police officers. - 8 Verify source ↗
Duty to give information on crimes and sudden deaths
AI-assisted research summary: This section concerns a duty to give information about crimes and sudden deaths.
8. Duty to give information on crimes and sudden deaths. - 11 Verify source ↗
Section 11
AI-assisted research summary: This provision text only shows headings about inquiries into deaths, reporting information about an offence orally or in writing, police investigations, arrests, and warrants of arrest.
11. Inquiries into deaths. Information relating to commission of offence to be given orally or in writing. Investigation by police officer. (b) Arrests and Warrant of Arrest - 12 Verify source ↗
Arrest, how made
AI-assisted research summary: This source only shows the headings for Section 12 (“Arrest, how made”) and Section 13 (“No unnecessary restraint”).
12. Arrest, how made. 13. No unnecessary restraint. - 15 Verify source ↗
Arrest by police officer without warrant
AI-assisted research summary: This section is about arrest by a police officer without a warrant.
15. Arrest by police officer without warrant. - 16 Verify source ↗
Procedure where police officer deputes subordinate to arrest without warrant
AI-assisted research summary: Section 16 is titled “Procedure where police officer deputes subordinate to arrest without warrant.”
16. Procedure where police officer deputes subordinate to arrest without warrant. - 19 Verify source ↗
Magistrate may arrest person for offence committed in his presence
AI-assisted research summary: A magistrate may arrest a person if the offence is committed in the magistrate’s presence.
19. Magistrate may arrest person for offence committed in his presence. - 20 Verify source ↗
Right of entry into any place in order to effect arrest
AI-assisted research summary: This provision concerns a right of entry into any place to effect an arrest.
20. Right of entry into any place in order to effect arrest. - 21 Verify source ↗
Power to break out of any place for purposes of liberation
AI-assisted research summary: This section concerns a power to break out of a place for purposes of liberation.
21. Power to break out of any place for purposes of liberation. - 22 Verify source ↗
Use of force in making arrest
AI-assisted research summary: Section 22 is titled “Use of force in making arrest.”
22. Use of force in making arrest. 39 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] - 23 Verify source ↗
Certain arrests not to be taken to be unlawful
AI-assisted research summary: This section is titled “Certain arrests not to be taken to be unlawful.”
23. Certain arrests not to be taken to be unlawful. - 24 Verify source ↗
Person to be informed of grounds of arrest
AI-assisted research summary: This section concerns informing a person of the grounds of arrest.
24. Person to be informed of grounds of arrest. - 26 Verify source ↗
Power of police to detain and search vehicles, etc
AI-assisted research summary: This section concerns police powers to detain and search vehicles.
26. Power of police to detain and search vehicles, etc. - 29 Verify source ↗
Arrest of vagabonds, habitual robbers, etc
AI-assisted research summary: This section is titled “Arrest of vagabonds, habitual robbers, etc.”
29. Arrest of vagabonds, habitual robbers, etc. - 31 Verify source ↗
Disposal of persons arrested by police officer
AI-assisted research summary: This section is titled “Disposal of persons arrested by police officer.”
31. Disposal of persons arrested by police officer. - 32 Verify source ↗
Disposal of persons arrested by private persons
AI-assisted research summary: Section 32 concerns the disposal of persons arrested by private persons.
32. Disposal of persons arrested by private persons. - 34 Verify source ↗
Police to report apprehensions
AI-assisted research summary: Section heading on police reporting apprehensions, with a subheading on escape and retaking.
34. Police to report apprehensions. (c) Escape and Retaking - 36 Verify source ↗
Provisions of sections 20 and 21 apply to arrest under section 35
AI-assisted research summary: Sections 20 and 21 apply to arrests made under section 35.
36. Provisions of sections 20 and 21 apply to arrest under section 35. - 37 Verify source ↗
Duty to assist magistrate or police officer in prevention of escape
AI-assisted research summary: This section concerns assisting a magistrate or police officer to prevent an arrested person from escaping.
37. Duty to assist magistrate or police officer in prevention of escape of arrested person. - 38 Verify source ↗
Compensation for injuries, losses or death resulting from assisting police, etc
AI-assisted research summary: Section title only; no operative rule is stated in the provided text.
38. Compensation for injuries, losses or death resulting from assisting police, etc. (d) Search Warrants and Seizure - 39 Verify source ↗
Power to issue search warrant or authorise search
AI-assisted research summary: This section is about the power to issue a search warrant or authorize a search.
39. Power to issue search warrant or authorise search. - 44 Verify source ↗
Persons in charge of closed places to allow ingress and egress
AI-assisted research summary: This section concerns persons in charge of closed places and access in and out of those places.
44. Persons in charge of closed places to allow ingress and egress. - 46 Verify source ↗
Provisions applicable to search warrants
AI-assisted research summary: This section concerns provisions applicable to search warrants.
46. Provisions applicable to search warrants. B. - Powers and Duties of Police Officers when Investigating Offences (a) Preliminary Provisions - 47 Verify source ↗
Requirement to furnish name and address
AI-assisted research summary: This section concerns a requirement to furnish a name and address.
47. Requirement to furnish name and address. - 48 Verify source ↗
Police to prevent breaches of peace
AI-assisted research summary: This section is about police preventing breaches of peace, and includes a heading on the duration of custodial investigation by police.
48. Police to prevent breaches of peace. (b) Duration of Custodial Investigation by Police - 49 Verify source ↗
Restriction on questioning person, etc
AI-assisted research summary: This section is titled “Restriction on questioning person, etc.”
49. Restriction on questioning person, etc. - 50 Verify source ↗
When person not to be taken under restraint
AI-assisted research summary: Only the section heading is provided; no operative rule text is available.
50. When person not to be taken under restraint. - 51 Verify source ↗
Periods available for interviewing persons
AI-assisted research summary: This section concerns the periods available for interviewing persons.
51. Periods available for interviewing persons. - 52 Verify source ↗
Where custodial investigation cannot be completed within four hours
AI-assisted research summary: This section concerns what applies when a custodial investigation cannot be completed within four hours.
52. Where custodial investigation cannot be completed within four hours. 40 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (c) Duties when Interviewing Suspects - 54 Verify source ↗
Persons under restraint to be informed of rights
AI-assisted research summary: Persons under restraint are to be informed of their rights.
54. Persons under restraint to be informed of rights. - 55 Verify source ↗
Communication with lawyer, relative or friend
AI-assisted research summary: Section title: communication with a lawyer, relative, or friend.
55. Communication with lawyer, relative or friend. - 56 Verify source ↗
Treatment of persons under restraint
AI-assisted research summary: Section 56 is titled “Treatment of persons under restraint.”
56. Treatment of persons under restraint. - 57 Verify source ↗
Special duties when interviewing children
AI-assisted research summary: This section concerns special duties when interviewing children, including recording the interview.
57. Special duties when interviewing children. (d) Recording of Interview - 59 Verify source ↗
Statements by suspects
AI-assisted research summary: This section is titled “Statements by suspects” and refers to identification parades as an investigative action.
59. Statements by suspects. (e) Other Investigative Actions Identification parades. - 60 Verify source ↗
Power to take fingerprints, photos, etc., of suspects
AI-assisted research summary: This section concerns a power to take fingerprints, photos, and similar records of suspects.
60. Power to take fingerprints, photos, etc., of suspects. - 62 Verify source ↗
Persons convicted on mistaken identity to be compensated
AI-assisted research summary: People convicted because of mistaken identity are to be compensated.
62. Persons convicted on mistaken identity to be compensated. - 63 Verify source ↗
Minister to make regulations for identification parades, etc
AI-assisted research summary: The Minister has power to make regulations about identification parades and related matters.
63. Minister to make regulations for identification parades, etc. - 64 Verify source ↗
Medical examination
AI-assisted research summary: Section 64 is titled “Medical examination” and appears under “Release and Bail.”
64. Medical examination. (f) Release and Bail - 70 Verify source ↗
Breaches of conditions of bail
AI-assisted research summary: This section is about breaches of bail conditions.
70. Breaches of conditions of bail. part iii PREVENTION OF OFFENCES (a) Security for Keeping the Peace and for Good Behaviour
Part
part iii
- 71 Verify source ↗
Powers of magistrate to require persons to execute bonds
AI-assisted research summary: A magistrate has power to require persons to execute bonds.
71. Powers of magistrate to require persons to execute bonds. - 72 Verify source ↗
Security for good behavior from persons disseminating seditious matter
AI-assisted research summary: Section title: security for good behavior from persons disseminating seditious matter.
72. Security for good behavior from persons disseminating seditious matter. - 73 Verify source ↗
Security for good behavior from suspected persons
AI-assisted research summary: This section is titled “Security for good behavior from suspected persons.”
73. Security for good behavior from suspected persons. - 74 Verify source ↗
Security for good behavior from habitual offenders
AI-assisted research summary: This section concerns security for good behavior from habitual offenders.
74. Security for good behavior from habitual offenders. - 76 Verify source ↗
Procedure in respect of person present in court
AI-assisted research summary: This section is about procedure for a person who is present in court.
76. Procedure in respect of person present in court. - 77 Verify source ↗
Procedure in respect of person not present in court
AI-assisted research summary: This section is about the procedure for a person who is not present in court.
77. Procedure in respect of person not present in court. - 78 Verify source ↗
Copy of order to accompany summons or warrant
AI-assisted research summary: This section concerns a copy of an order that must accompany a summons or warrant.
78. Copy of order to accompany summons or warrant. - 79 Verify source ↗
Power to dispense with personal attendance
AI-assisted research summary: This section gives a power to dispense with personal attendance.
79. Power to dispense with personal attendance. - 82 Verify source ↗
Discharge of person informed against
AI-assisted research summary: Section 82 is titled “Discharge of person informed against” and refers to inquiry as to the truth of the information.
82. Discharge of person informed against. Inquiry as to truth of information. 41 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (b) Proceedings Subsequent to Order to Furnish Security - 83 Verify source ↗
Commencement of period for which security is required
AI-assisted research summary: This section is titled “Commencement of period for which security is required.”
83. Commencement of period for which security is required. - 86 Verify source ↗
Procedure on failure to give security
AI-assisted research summary: This section is about the procedure to follow when security is not given.
86. Procedure on failure to give security. - 87 Verify source ↗
Power to release persons imprisoned for failure to give security
AI-assisted research summary: This section gives power to release persons imprisoned for failure to give security.
87. Power to release persons imprisoned for failure to give security. - 89 Verify source ↗
Discharge of sureties
AI-assisted research summary: This section concerns the discharge of sureties in criminal proceedings and refers to the Director of Public Prosecutions.
89. Discharge of sureties. part iv CONTROL OF CRIMINAL PROCEEDINGS A. - The Director of Public Prosecutions
Part
part iv
- 92 Verify source ↗
Power of Director of Public Prosecutions to enter nolle prosequi
AI-assisted research summary: The Director of Public Prosecutions has the power to enter nolle prosequi.
92. Power of Director of Public Prosecutions to enter nolle prosequi. - 93 Verify source ↗
Delegation of power by Director of Public Prosecutions
AI-assisted research summary: Section title: delegation of power by the Director of Public Prosecutions.
93. Delegation of power by Director of Public Prosecutions. - 94 Verify source ↗
Criminal information by Director of Public Prosecutions
AI-assisted research summary: This section concerns criminal information by the Director of Public Prosecutions.
94. Criminal information by Director of Public Prosecutions. - 95 Verify source ↗
Offences by foreigners committed within territorial waters to be prosecuted
AI-assisted research summary: Offences by foreigners in territorial waters may be prosecuted only with the Director of Public Prosecutions’ leave.
95. Offences by foreigners committed within territorial waters to be prosecuted only with leave of Director of Public Prosecutions. B - Appointment of Public Prosecutors and Conduct of Prosecutions - 99 Verify source ↗
Withdrawal from prosecution in trials before subordinate courts
AI-assisted research summary: This section is titled “Withdrawal from prosecution in trials before subordinate courts.”
99. Withdrawal from prosecution in trials before subordinate courts. - 100 Verify source ↗
Permission to conduct prosecution and title of summary proceedings
AI-assisted research summary: This section is titled “Permission to conduct prosecution and title of summary proceedings.”
100. Permission to conduct prosecution and title of summary proceedings. part v INSTITUTION OF PROCEEDINGS A.- Process to Compel the Appearance of Accused Persons (a) Summons
Part
part v
- 103 Verify source ↗
Service where person summoned cannot be found
AI-assisted research summary: Section title: service when a summoned person cannot be found.
103. Service where person summoned cannot be found. - 104 Verify source ↗
Procedure where service cannot be personally effected
AI-assisted research summary: Procedure where service cannot be personally effected.
104. Procedure where service cannot be personally effected. - 107 Verify source ↗
Appearance by corporation and plea of not guilty to be entered
AI-assisted research summary: This section concerns what happens when a corporation’s representative does not appear, including entering a plea of not guilty.
107. Appearance by corporation and plea of not guilty to be entered when representative does not appear. - 108 Verify source ↗
Service outside local limits of jurisdiction
AI-assisted research summary: Section heading only: service outside local limits of jurisdiction.
108. Service outside local limits of jurisdiction. 42 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] - 109 Verify source ↗
Proof of service when serving officer not present
AI-assisted research summary: Section title only: “Proof of service when serving officer not present.”
109. Proof of service when serving officer not present. - 110 Verify source ↗
Appearance by corporation
AI-assisted research summary: Section title only: “Appearance by corporation. (b) Warrant of Arrest.”
110. Appearance by corporation. (b) Warrant of Arrest - 113 Verify source ↗
Form, contents and duration of warrant of arrest
AI-assisted research summary: This section concerns the form, contents, and duration of a warrant of arrest.
113. Form, contents and duration of warrant of arrest. - 114 Verify source ↗
Power to direct security to be taken
AI-assisted research summary: This provision is titled as a power to direct that security be taken.
114. Power to direct security to be taken. - 116 Verify source ↗
Warrant may be directed to landholders, etc
AI-assisted research summary: A warrant may be directed to landholders.
116. Warrant may be directed to landholders, etc. - 117 Verify source ↗
Execution of warrant directed to police officer
AI-assisted research summary: This section concerns execution of a warrant directed to a police officer.
117. Execution of warrant directed to police officer. - 118 Verify source ↗
Notification of substance of warrant
AI-assisted research summary: This section is titled “Notification of substance of warrant.”
118. Notification of substance of warrant. - 119 Verify source ↗
Person arrested to be brought before court without delay
AI-assisted research summary: A person who is arrested must be brought before a court without delay.
119. Person arrested to be brought before court without delay. - 120 Verify source ↗
Where warrant of arrest may be executed
AI-assisted research summary: This section concerns where a warrant of arrest may be executed.
120. Where warrant of arrest may be executed. - 121 Verify source ↗
Forwarding of warrants for execution outside jurisdiction
AI-assisted research summary: This section is about forwarding warrants for execution outside the jurisdiction.
121. Forwarding of warrants for execution outside jurisdiction. - 122 Verify source ↗
Procedure in case of warrant directed to police officer for execution outside
AI-assisted research summary: 122. Procedure in case of warrant directed to police officer for execution outside jurisdiction.
122. Procedure in case of warrant directed to police officer for execution outside jurisdiction. - 123 Verify source ↗
Procedure on arrest of person outside jurisdiction
AI-assisted research summary: Section 123 is titled “Procedure on arrest of person outside jurisdiction.”
123. Procedure on arrest of person outside jurisdiction. - 124 Verify source ↗
Section 124
AI-assisted research summary: Section 124 is titled “Irregularities in warrants” and appears under miscellaneous provisions regarding process.
124. Irregularities in warrants. (c) Miscellaneous Provisions Regarding Process - 126 Verify source ↗
Arrest for breach of bond for appearance
AI-assisted research summary: Section 126 concerns arrest for breach of bond for appearance.
126. Arrest for breach of bond for appearance. - 127 Verify source ↗
Power of court to order prisoner to be brought before it
AI-assisted research summary: The court has power to order a prisoner to be brought before it.
127. Power of court to order prisoner to be brought before it. - 128 Verify source ↗
Provisions of this Part generally applicable to summonses and warrants
AI-assisted research summary: This section is about provisions in this Part that apply to summonses and warrants, and about the powers of justices of peace.
128. Provisions of this Part generally applicable to summonses and warrants; and powers of justices of peace. B. - Proceedings (a) Making a Complaint Institution of proceedings. - 130 Verify source ↗
Power of magistrate to reject complaint or formal charge
AI-assisted research summary: This section gives a magistrate power to reject a complaint or formal charge.
130. Power of magistrate to reject complaint or formal charge. - 132 Verify source ↗
Section 132
AI-assisted research summary: Section heading referring to the issue of summons or warrants and the formal charge.
132. Issue of summons or warrants. (b) The Formal Charge - 135 Verify source ↗
Offences to be specified in charge with necessary particulars
AI-assisted research summary: A charge for an offence must include the necessary particulars.
135. Offences to be specified in charge with necessary particulars. - 139 Verify source ↗
Case of two or more persons charged
AI-assisted research summary: This section is titled “Case of two or more persons charged” and refers to joinder of counts and joinder of two or more accused in one charge or information.
139. Case of two or more persons charged. Joinder of counts in charge or information. Joinder of two or more accused in one charge or information. 43 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (c) Previous Conviction or Acquittal - 140 Verify source ↗
Persons convicted or acquitted not to be tried again for same offence
AI-assisted research summary: A person who has been convicted or acquitted must not be tried again for the same offence.
140. Persons convicted or acquitted not to be tried again for same offence. - 141 Verify source ↗
Person may be tried again for separate offences
AI-assisted research summary: A person may be tried again for separate offences.
141. Person may be tried again for separate offences. - 142 Verify source ↗
Consequences supervening or not known at time of former trial
AI-assisted research summary: Section heading only: “Consequences supervening or not known at time of former trial.”
142. Consequences supervening or not known at time of former trial. - 143 Verify source ↗
Where original court was not competent to try subsequent charge
AI-assisted research summary: This section concerns cases where the original court was not competent to try a later charge.
143. Where original court was not competent to try subsequent charge. - 144 Verify source ↗
Previous conviction, how proved
AI-assisted research summary: This section concerns how a previous conviction is proved and mentions compelling witnesses to attend.
144. Previous conviction, how proved. (d) Compelling Attendance of Witnesses - 146 Verify source ↗
Warrant for witness who disobeys summons
AI-assisted research summary: This provision is titled “Warrant for witness who disobeys summons.”
146. Warrant for witness who disobeys summons. - 147 Verify source ↗
Warrant for witness in first appearance
AI-assisted research summary: This provision concerns a warrant for a witness at first appearance.
147. Warrant for witness in first appearance. - 148 Verify source ↗
Mode of dealing with witness arrested under warrant
AI-assisted research summary: Section 148 concerns the mode of dealing with a witness who has been arrested under a warrant.
148. Mode of dealing with witness arrested under warrant. - 149 Verify source ↗
Power of court to order prisoner to be brought up for examination
AI-assisted research summary: The court may order a prisoner to be brought up for examination.
149. Power of court to order prisoner to be brought up for examination. - 150 Verify source ↗
Penalty for non-attendance of witness
AI-assisted research summary: This provision is titled “Penalty for non-attendance of witness.”
150. Penalty for non-attendance of witness. (e) Provisions as to Bail, Recognisances and Bonds - 152 Verify source ↗
Power of High Court to vary terms of bail by lower court
AI-assisted research summary: The High Court may vary the terms of bail set by a lower court.
152. Power of High Court to vary terms of bail by lower court. - 153 Verify source ↗
Change of circumstances after grant of bail
AI-assisted research summary: Section heading: Change of circumstances after grant of bail.
153. Change of circumstances after grant of bail. - 157 Verify source ↗
Power to order sufficient bail when that first taken is insufficient
AI-assisted research summary: This section gives a power to order sufficient bail when the bail first taken is insufficient.
157. Power to order sufficient bail when that first taken is insufficient. - 160 Verify source ↗
Person bound by recognisance absconding or breaking condition of bail
AI-assisted research summary: A person bound by recognisance who absconds or breaks a bail condition may be arrested.
160. Person bound by recognisance absconding or breaking condition of bail may be arrested. - 161 Verify source ↗
Person absconding or breaking condition of bail not to be considered
AI-assisted research summary: A person who absconds or breaks a bail condition is not to be considered for further bail.
161. Person absconding or breaking condition of bail not to be considered for further bail. - 162 Verify source ↗
Punishment for breaking conditions of bail or for non- appearance
AI-assisted research summary: This section concerns punishment for breaking bail conditions or failing to appear.
162. Punishment for breaking conditions of bail or for non- appearance. - 164 Verify source ↗
Appeal from and revision of orders
AI-assisted research summary: This section is about appeals from and revision of orders.
164. Appeal from and revision of orders. - 165 Verify source ↗
Power to direct levy of amount due on certain recognisances
AI-assisted research summary: This section gives a power to direct levy of an amount due on certain recognisances.
165. Power to direct levy of amount due on certain recognisances. - 166 Verify source ↗
Reconciliation in certain cases
AI-assisted research summary: Section 166 is titled “Reconciliation in certain cases.”
166. Reconciliation in certain cases. PART VI TRIALS GENERAL PROVISIONS RELATING TO TRIALS A. - Powers of Courts (a) Powers Generally
Part
PART VI
- 168 Verify source ↗
Offences under laws other than Penal Code
AI-assisted research summary: Section heading: offences under laws other than the Penal Code.
168. Offences under laws other than Penal Code. 44 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] - 169 Verify source ↗
Sentences which High Court may pass
AI-assisted research summary: This section is titled “Sentences which High Court may pass.”
169. Sentences which High Court may pass. - 171 Verify source ↗
Sentences in cases of conviction of two or more offences at one trial
AI-assisted research summary: Section 171 concerns sentences where a person is convicted of two or more offences at one trial.
171. Sentences in cases of conviction of two or more offences at one trial. - 172 Verify source ↗
Exclusion of evidence illegally obtained
AI-assisted research summary: This section concerns exclusion of evidence illegally obtained in subordinate courts.
172. Exclusion of evidence illegally obtained. (b) Subordinate Courts - 173 Verify source ↗
Sentences which subordinate court may pass
AI-assisted research summary: This section is about sentences that a subordinate court may pass.
173. Sentences which subordinate court may pass. - 177 Verify source ↗
When subordinate court may commit to High Court for sentence
AI-assisted research summary: This provision concerns when a subordinate court may commit a matter to the High Court for sentencing.
177. When subordinate court may commit to High Court for sentence. - 178 Verify source ↗
Release on bail pending confirmation and powers of confirming court
AI-assisted research summary: This provision is titled “Release on bail pending confirmation and powers of confirming court.”
178. Release on bail pending confirmation and powers of confirming court. (c) Extended Jurisdiction of Subordinate Courts - 182 Verify source ↗
Record and report to be sent to President
AI-assisted research summary: Section heading for a rule about records and reports to be sent to the President.
182. Record and report to be sent to President. B. - Trials Generally (a) Place of Inquiry or Trial - 183 Verify source ↗
General authority of courts of Tanzania
AI-assisted research summary: This section is titled “General authority of courts of Tanzania.”
183. General authority of courts of Tanzania. - 184 Verify source ↗
Power of High Court to inquire into and try offences
AI-assisted research summary: The High Court has power to inquire into and try offences.
184. Power of High Court to inquire into and try offences. - 185 Verify source ↗
Place and date of sessions of High Court
AI-assisted research summary: Section 185 is titled “Place and date of sessions of High Court.”
185. Place and date of sessions of High Court. - 186 Verify source ↗
Ordinary place of inquiry and trial
AI-assisted research summary: Section title only: “Ordinary place of inquiry and trial.”
186. Ordinary place of inquiry and trial. - 187 Verify source ↗
Trial at place where act done or where consequence of offence ensued
AI-assisted research summary: Section 187 states that trial may take place where the act was done or where the consequence of the offence ensued.
187. Trial at place where act done or where consequence of offence ensued. - 188 Verify source ↗
Trial where offence is connected with another offence
AI-assisted research summary: This section concerns trials where one offence is connected with another offence.
188. Trial where offence is connected with another offence. - 189 Verify source ↗
Trial where place of offence is uncertain
AI-assisted research summary: This section concerns trials where the place of the offence is uncertain.
189. Trial where place of offence is uncertain. - 191 Verify source ↗
High Court may decide appropriate court in cases of doubt
AI-assisted research summary: The High Court may decide which court is appropriate when there is doubt.
191. High Court may decide appropriate court in cases of doubt. - 193 Verify source ↗
Exclusion of children from attending court proceedings
AI-assisted research summary: This section is about excluding children from attending court proceedings.
193. Exclusion of children from attending court proceedings. - 194 Verify source ↗
Orders of court on ex-parte application by Director of Public Prosecutions
AI-assisted research summary: This section concerns court orders on an ex-parte application by the Director of Public Prosecutions about transfer of cases.
194. Orders of court on ex-parte application by Director of Public Prosecutions. (b) Transfer of Cases - 195 Verify source ↗
Transfer of case where offence committed outside jurisdiction
AI-assisted research summary: This section concerns transfer of a case when an offence was committed outside the jurisdiction.
195. Transfer of case where offence committed outside jurisdiction. - 196 Verify source ↗
Transfer of cases between magistrates
AI-assisted research summary: This section concerns transferring cases between magistrates.
196. Transfer of cases between magistrates. - 197 Verify source ↗
Power of High Court to change venue
AI-assisted research summary: This section gives the High Court power to change venue in accelerated trial and disposal of cases.
197. Power of High Court to change venue. (c) Accelerated Trial and Disposal of Cases - 198 Verify source ↗
Preliminary hearing to determine matters not in dispute
AI-assisted research summary: This section is titled “Preliminary hearing to determine matters not in dispute.”
198. Preliminary hearing to determine matters not in dispute. - 199 Verify source ↗
Person charged with warrant offence may plead guilty without court appearance
AI-assisted research summary: A person charged with a warrant offence may plead guilty without appearing in court.
199. Person charged with warrant offence may plead guilty without court appearance. 45 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] - 200 Verify source ↗
Procedure where accused desires to plead guilty to non-warrant offence
AI-assisted research summary: This section concerns the procedure when an accused wants to plead guilty to a non-warrant offence or rely on an alibi defence.
200. Procedure where accused desires to plead guilty to non-warrant offence or intends to rely on defence of alibi. - 205 Verify source ↗
Procedure for registration of plea agreement
AI-assisted research summary: Section 205 concerns the procedure for registration of a plea agreement.
205. Procedure for registration of plea agreement. - 206 Verify source ↗
Offences which plea agreements shall not apply
AI-assisted research summary: Section heading: offences to which plea agreements do not apply.
206. Offences which plea agreements shall not apply. - 207 Verify source ↗
Application to set aside conviction and sentence relating to plea bargaining
AI-assisted research summary: This section concerns applications to set aside a conviction and sentence connected to plea bargaining.
207. Application to set aside conviction and sentence relating to plea bargaining. - 208 Verify source ↗
Power to make rules
AI-assisted research summary: Section title only: Power to make rules for examination of witnesses (general provisions).
208. Power to make rules. C. - Examination of Witnesses (a) General Provisions - 209 Verify source ↗
Power to summon material witness or examine person present
AI-assisted research summary: This section concerns the power to summon a material witness or examine a person who is present.
209. Power to summon material witness or examine person present. - 210 Verify source ↗
Evidence to be taken in presence of accused
AI-assisted research summary: This section is titled “Evidence to be taken in presence of accused.”
210. Evidence to be taken in presence of accused. - 211 Verify source ↗
Evidence may be given in absence of accused in certain cases
AI-assisted research summary: Evidence may be given when the accused is absent in certain cases.
211. Evidence may be given in absence of accused in certain cases. - 214 Verify source ↗
Procedure where accused is only witness called for defence
AI-assisted research summary: Section heading: procedure where the accused is the only witness called for the defence.
214. Procedure where accused is only witness called for defence. - 216 Verify source ↗
Certificate regarding preparation of photographic prints, etc.,
AI-assisted research summary: This section says a certificate about preparing photographic prints, etc. is receivable in evidence.
216. Certificate regarding preparation of photographic prints, etc., receivable in evidence. - 220 Verify source ↗
Matter or thing duly submitted for examination or analysis
AI-assisted research summary: This section is titled “Matter or thing duly submitted for examination or analysis.”
220. Matter or thing duly submitted for examination or analysis. - 221 Verify source ↗
Appointment of experts
AI-assisted research summary: This section is about appointing experts and issuing a commission for examining witnesses.
221. Appointment of experts. (b) Issue of Commission for Examination of Witnesses Issue of commission. - 225 Verify source ↗
Adjournment of proceedings
AI-assisted research summary: This provision is titled “Adjournment of proceedings” and references taking and recording of evidence and interpretation of evidence to the accused or their advocate.
225. Adjournment of proceedings. (c) Taking and Recording of Evidence Interpretation of evidence to accused or his advocate. - 226 Verify source ↗
Manner of recording evidence before magistrate
AI-assisted research summary: This section concerns the manner of recording evidence before a magistrate.
226. Manner of recording evidence before magistrate. - 228 Verify source ↗
Remarks respecting demeanour of witness
AI-assisted research summary: This section concerns remarks about a witness’s demeanour.
228. Remarks respecting demeanour of witness. - 229 Verify source ↗
Procedure in case of minor offences
AI-assisted research summary: This section concerns the procedure for minor offences.
229. Procedure in case of minor offences. - 230 Verify source ↗
Conviction or committal where proceedings heard partly by one magistrate
AI-assisted research summary: This section is about conviction or committal when proceedings are heard partly by one magistrate and partly by another.
230. Conviction or committal where proceedings heard partly by one magistrate and partly by another. - 231 Verify source ↗
Manner of recording evidence in High Court
AI-assisted research summary: This provision is titled "Manner of recording evidence in High Court."
231. Manner of recording evidence in High Court. 46 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] D. - Procedure in Case of the Insanity or Incapacity of an Accused Person - 232 Verify source ↗
Prosecutor to give or adduce evidence before inquiry by court as
AI-assisted research summary: The prosecutor must give or present evidence before a court inquiry into the accused person’s insanity.
232. Prosecutor to give or adduce evidence before inquiry by court as to insanity of accused. - 233 Verify source ↗
Procedure where accused certified as capable of making defence
AI-assisted research summary: This section concerns the procedure when an accused person is certified as capable of making a defence.
233. Procedure where accused certified as capable of making defence. - 236 Verify source ↗
Court’s power to inquire into insanity
AI-assisted research summary: This section concerns the court’s power to inquire into insanity.
236. Court’s power to inquire into insanity. - 237 Verify source ↗
Procedure where accused does not understand proceedings
AI-assisted research summary: Section 237 is titled “Procedure where accused does not understand proceedings.”
237. Procedure where accused does not understand proceedings. PART VII PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS (a) Provisions Relating to the Hearing and Determination of Cases
Part
PART VII
- 238 Verify source ↗
Non-appearance of complainant at hearing
AI-assisted research summary: This section concerns the non-appearance of the complainant at a hearing.
238. Non-appearance of complainant at hearing. - 241 Verify source ↗
Abatement of trial in subordinate courts
AI-assisted research summary: This section is about abatement of a trial in subordinate courts.
241. Abatement of trial in subordinate courts. - 243 Verify source ↗
Non-appearance of parties after adjournment
AI-assisted research summary: This section concerns what happens when parties do not appear after an adjournment.
243. Non-appearance of parties after adjournment. - 244 Verify source ↗
Accused may be convicted and sentenced notwithstanding his absence
AI-assisted research summary: An accused person may still be convicted and sentenced even if absent.
244. Accused may be convicted and sentenced notwithstanding his absence. - 245 Verify source ↗
Accused to be called upon to plead
AI-assisted research summary: An accused person is to be called upon to plead.
245. Accused to be called upon to plead. - 247 Verify source ↗
Discharge of accused person when no case to answer
AI-assisted research summary: This section is about discharging an accused person when there is no case to answer.
247. Discharge of accused person when no case to answer. - 251 Verify source ↗
Variance between charge and evidence and amendment of charge
AI-assisted research summary: Section 251 is titled “Variance between charge and evidence and amendment of charge.”
251. Variance between charge and evidence and amendment of charge. - 253 Verify source ↗
Evidence relative to proper sentences or order
AI-assisted research summary: Section 253 concerns evidence relating to proper sentences or order.
253. Evidence relative to proper sentences or order. - 254 Verify source ↗
Taking other offences into consideration
AI-assisted research summary: This section concerns taking other offences into consideration.
254. Taking other offences into consideration. - 255 Verify source ↗
Drawing conviction or acquittal orders
AI-assisted research summary: This provision is titled “Drawing conviction or acquittal orders.”
255. Drawing conviction or acquittal orders. - 256 Verify source ↗
Order of dismissal of further charges
AI-assisted research summary: This section is titled “Order of dismissal of further charges.”
256. Order of dismissal of further charges. - 257 Verify source ↗
Statements by medical witnesses
AI-assisted research summary: This provision is titled “Statements by medical witnesses” and refers to limitations and exceptions relating to trials before subordinate courts.
257. Statements by medical witnesses. (b) Limitations and Exceptions Relating to Trials Before Subordinate Courts - 258 Verify source ↗
Limitation of time for summary trials in certain cases
AI-assisted research summary: This section concerns the time limit for bringing summary trials in certain cases.
258. Limitation of time for summary trials in certain cases. - 259 Verify source ↗
Procedure in case of offence proving unsuitable for summary trial
AI-assisted research summary: This section is about what happens when an offence is not suitable for summary trial.
259. Procedure in case of offence proving unsuitable for summary trial. Committal of Accused Persons by Subordinate Courts to the High Court for Trial (a) Provisions Relating to Committal of Accused Persons for Trial to the High Court - 261 Verify source ↗
Courts to hold committal proceedings
AI-assisted research summary: Courts to hold committal proceedings.
261. Courts to hold committal proceedings. 47 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] - 264 Verify source ↗
Witnesses for prosecution and defence
AI-assisted research summary: This section concerns witnesses for prosecution and defence.
264. Witnesses for prosecution and defence. - 266 Verify source ↗
Accused entitled to copy of proceedings
AI-assisted research summary: An accused person is entitled to a copy of the proceedings.
266. Accused entitled to copy of proceedings. - 267 Verify source ↗
Court may bind witness to appear at trial
AI-assisted research summary: The court may bind a witness to appear at trial.
267. Court may bind witness to appear at trial. - 268 Verify source ↗
Refusal to be bound over
AI-assisted research summary: This provision is titled “Refusal to be bound over” and refers to “Preservation of Testimony in Certain Cases.”
268. Refusal to be bound over. (b) Preservation of Testimony in Certain Cases - 269 Verify source ↗
Taking deposition of person dangerously ill or unable to attend trial
AI-assisted research summary: This section concerns taking the deposition of a person who is dangerously ill or unable to attend trial.
269. Taking deposition of person dangerously ill or unable to attend trial. - 271 Verify source ↗
Opportunity for cross-examination and transmission of statements
AI-assisted research summary: This section concerns cross-examination and the transmission of statements.
271. Opportunity for cross-examination and transmission of statements. - 272 Verify source ↗
Use of statements in evidence
AI-assisted research summary: This provision concerns the use of statements in evidence in proceedings after committal for trial.
272. Use of statements in evidence. (c) Proceedings after Committal for Trial. - 273 Verify source ↗
Transmission of records to High Court
AI-assisted research summary: This section concerns transmission of records to the High Court.
273. Transmission of records to High Court. - 274 Verify source ↗
Trial by resident magistrate with extended jurisdiction
AI-assisted research summary: Section 274 is titled “Trial by resident magistrate with extended jurisdiction.”
274. Trial by resident magistrate with extended jurisdiction. - 276 Verify source ↗
Copy of information and notice of trial to be served
AI-assisted research summary: This section concerns serving a copy of the information and notice of trial.
276. Copy of information and notice of trial to be served. - 281 Verify source ↗
Witnesses to be summoned
AI-assisted research summary: This section concerns witnesses being summoned and states that the information must be signed by the Director of Public Prosecutions.
281. Witnesses to be summoned. Information to be signed by Director of Public Prosecutions. PART VIII PROCEDURE IN TRIALS BEFORE THE HIGH COURT (a) Practice and the Mode of Trial
Part
PART VIII
- 282 Verify source ↗
Practice of High Court in its criminal jurisdiction
AI-assisted research summary: This section is titled “Practice of High Court in its criminal jurisdiction.”
282. Practice of High Court in its criminal jurisdiction. - 283 Verify source ↗
Proceedings which may require assessors
AI-assisted research summary: This section is titled “Proceedings which may require assessors.”
283. Proceedings which may require assessors. (b) Assessors - 285 Verify source ↗
Exemptions
AI-assisted research summary: No one is exempt from serving as an assessor because of sex or marriage.
285. Exemptions. 286. No exemption by sex or marriage from liability to serve as assessor. (c) Attendance of Assessors - 289 Verify source ↗
Objections to summons to serve as assessor
AI-assisted research summary: This section concerns objections to a summons to serve as an assessor.
289. Objections to summons to serve as assessor. - 290 Verify source ↗
Excuses from attendance
AI-assisted research summary: This section is titled “Excuses from attendance.”
290. Excuses from attendance. 48 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] - 292 Verify source ↗
Penalty for non-attendance of assessors
AI-assisted research summary: This section concerns the penalty for assessors who do not attend arraignment.
292. Penalty for non-attendance of assessors. (d) Arraignment - 294 Verify source ↗
Orders for amendment of information, separate trial and postponement of trial
AI-assisted research summary: This section is titled “Orders for amendment of information, separate trial and postponement of trial.”
294. Orders for amendment of information, separate trial and postponement of trial. - 296 Verify source ↗
Procedure in case of previous convictions
AI-assisted research summary: This section concerns the procedure in cases involving previous convictions.
296. Procedure in case of previous convictions. - 298 Verify source ↗
Plea of autrefois acquit and autrefois convict
AI-assisted research summary: This section concerns the plea of autrefois acquit and autrefois convict.
298. Plea of autrefois acquit and autrefois convict. - 301 Verify source ↗
Proceedings after plea of “not guilty”
AI-assisted research summary: This section concerns proceedings after a not guilty plea.
301. Proceedings after plea of “not guilty”. - 302 Verify source ↗
Power to postpone or adjourn proceedings
AI-assisted research summary: This provision gives power to postpone or adjourn proceedings.
302. Power to postpone or adjourn proceedings. - 303 Verify source ↗
Abatement of trial before High Court
AI-assisted research summary: This section concerns abatement of trial before the High Court and selection of assessors.
303. Abatement of trial before High Court. (e) Selection of Assessors - 304 Verify source ↗
Rules regarding selection of assessors
AI-assisted research summary: This section concerns rules for selecting assessors.
304. Rules regarding selection of assessors. - 306 Verify source ↗
Assessors to attend at adjourned sittings
AI-assisted research summary: This section is titled “Assessors to attend at adjourned sittings.”
306. Assessors to attend at adjourned sittings. (f) Case for the Prosecution - 308 Verify source ↗
Additional witnesses for prosecution
AI-assisted research summary: This section concerns additional witnesses for prosecution.
308. Additional witnesses for prosecution. - 309 Verify source ↗
Cross-examination of witnesses for prosecution
AI-assisted research summary: This section is about cross-examining prosecution witnesses.
309. Cross-examination of witnesses for prosecution. - 312 Verify source ↗
Close of case for prosecution
AI-assisted research summary: This provision is headed “Close of case for prosecution” and refers to the defence stage.
312. Close of case for prosecution. (g) Case for the Defence - 316 Verify source ↗
Where accused person does not give evidence
AI-assisted research summary: Section heading about what happens where an accused person does not give evidence at the close of hearing.
316. Where accused person does not give evidence. (h) Close of Hearing - 317 Verify source ↗
Delivery of opinion by assessors and giving of judgment
AI-assisted research summary: This section is about assessors delivering their opinion and the giving of judgment.
317. Delivery of opinion by assessors and giving of judgment. - 318 Verify source ↗
Conviction where proceedings heard partly by one judge and partly by another
AI-assisted research summary: Section heading for conviction where proceedings were heard partly by one judge and partly by another.
318. Conviction where proceedings heard partly by one judge and partly by another. 49 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] PART IX CONVICTIONS, JUDGMENT, SENTENCES AND THEIR EXECUTION IN THE SUBORDINATE COURTS AND HIGH COURT A. - Miscellaneous Provisions Relating to Convictions
Part
PART IX
- 319 Verify source ↗
Where offence proved is included in offence charged
AI-assisted research summary: This section concerns situations where an offence proved is included in the offence charged.
319. Where offence proved is included in offence charged. - 320 Verify source ↗
Person charged with offence may be convicted of attempt
AI-assisted research summary: A person charged with an offence may be convicted of attempting it.
320. Person charged with offence may be convicted of attempt. - 321 Verify source ↗
Alternative verdicts in various charges involving homicide of children
AI-assisted research summary: This section concerns alternative verdicts in charges involving the homicide of children.
321. Alternative verdicts in various charges involving homicide of children. - 322 Verify source ↗
Alternative verdicts under Road Traffic Act in certain manslaughter cases
AI-assisted research summary: Section 322 is titled “Alternative verdicts under Road Traffic Act in certain manslaughter cases.”
322. Alternative verdicts under Road Traffic Act in certain manslaughter cases. - 323 Verify source ↗
Alternative verdicts in charges of rape and kindred offences
AI-assisted research summary: This section concerns alternative verdicts in charges of rape and related offences.
323. Alternative verdicts in charges of rape and kindred offences.
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