The Criminal Procedure Act
Part 4 of 5 · provisions 601–800
This section sets out the procedure to be used for the trial of offences.
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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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Provisions of The Criminal Procedure Act
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part thereof as may be necessary and finally determine such
- 340 Verify source ↗
(1) Without prejudice to the generality of section 339,
AI-assisted research summary: The High Court may consider another unconvicted offence when deciding sentence, but only if the accused is told about it, admits it, and asks the court to consider it.
340.–(1) Without prejudice to the generality of section 339, the High Court may, subject to the provisions of this section, for the purpose of assessing the proper sentence to be passed, take into consideration any other offence committed by the accused person but of which he has not been convicted. (2) The High Court shall not take any offence into consideration unless- (a) it has been explained by the court to the accused person in ordinary language that the sentence to be passed upon him for the offence of which he has been convicted in those proceedings may be greater if the other offence is taken into consideration; and (b) after that explanation, the accused person- (i) admits the commission of the other offence; and (ii) asks the court to take the other offence into consideration. (3) Nothing in this section shall entitle the court, after taking another offence into consideration, to pass upon an accused person any sentence in excess of the maximum sentence which could be awarded for the offence of which that person was convicted in those proceedings. [ s. 321] 222 ©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) Sentence of Death Sentence of death - 341 Verify source ↗
(1) Where any person is sentenced to death, he shall
AI-assisted research summary: A person sentenced to death is to die by hanging.
341.–(1) Where any person is sentenced to death, he shall suffer death by hanging. (2) Where any person is sentenced to death the sentence shall direct that he suffers death by hanging. [ s. 322] Accused to be informed of right of appeal - 342 Verify source ↗
Where an accused person is sentenced to death, the court
AI-assisted research summary: If an accused person is sentenced to death, the court must tell him the period for filing an appeal.
342. Where an accused person is sentenced to death, the court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. [ s. 323] Authority for detention - 343 Verify source ↗
A certificate under the hand of the Registrar or other
AI-assisted research summary: A certificate by the Registrar or another court officer saying a death sentence was passed and naming the condemned person is enough authority to detain that person.
343. A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the condemned person, shall be sufficient authority for the detention of that person. [ s. 324] Report and record to be sent to President - 344 Verify source ↗
(1) As soon as conveniently may be after sentence of
AI-assisted research summary: After a death sentence, the judge or magistrate must send the President the trial notes and a signed report; the President then issues the appropriate warrant, commutation order, or pardon, and the court records the decision.
344.–(1) As soon as conveniently may be after sentence of death has been pronounced, if no appeal from a sentence of death passed by the High Court is preferred or if an appeal from any sentence of death is preferred and the sentence is upheld on appeal, then as soon as conveniently may be after the determination of the appeal, the presiding judge or magistrate exercising powers conferred on him by section 179 shall forward to the President a copy of the notes of evidence taken on the trial with a report in writing signed by him containing any recommendation or observations on the case he may think fit to make. (2) After the report has been considered, the President shall communicate to the said judge or magistrate or his successor in office, the terms of any decision to which he has made, and such judge or magistrate shall cause the tenor and substance of that decision to be entered in the records of the court. 223 ©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] (3)6 The President shall issue a death warrant, or an order of the sentence of death to be commuted, or a pardon, under his hand and the seal of the United Republic to give effect to that decision. (4) Where the sentence of death is to be carried out, the warrant shall state the place where and the time when execution is to be had, and shall give directions as to the place of burial of the body of the person executed. (5) Where the sentence is commuted for any other punishment, the order shall specify that punishment. (6) Where the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions, if any, it is subject. (7) Subject to subsections (3) and (4), the warrant may direct that the execution shall take place at such time and at such place and that the body of the person executed shall be buried or cremated at such place, as shall be appointed by some officer specified in the warrant. (8) The warrant or order, or pardon of the President shall be sufficient authority in law to all persons to whom it is directed to execute the sentence of death or other punishment awarded and to carry out the directions therein given in accordance with its terms. [ s. 325] (c) Other Sentences Conditional discharge - 345 Verify source ↗
(1) Where any court thinks that the charge is proved but is
AI-assisted research summary: If a court thinks the charge is proved, it may discharge the offender with an admonition or conditionally on a bond.
345.–(1) Where any court thinks that the charge is proved but is of the opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or that it is expedient to discharge the 6 Note: Subsection (3) is rearranged into subsections (3), (4), (5) and (6) to bring the subsection in line with the applicable format of a legislative provision. 224 ©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] offender conditionally as hereinafter provided, the court may, without proceeding to convict, either- (a) order the offender to be discharged after such admonition as to the court as shall seem fit; or (b) discharge the offender conditionally on his executing a bond, with or without sureties, to be of good behavior and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order of the court. (2) An order under subsection (1) shall, for the purpose of revesting or restoring stolen property, or in respect of matters relating to the restitution or delivery of property to the owner, have the like effect as a conviction. (3) A bond executed under this section may contain such conditions as the court may, having regard to the particular circumstances of the case, order to be inserted therein with respect to all or any of the following matters- (a) for prohibition of the offender from associating with undesirable persons or from frequenting undesirable places; (b) as to abstention from intoxicating liquor, where the offence is connected with drunkenness or an offence committed under the influence of drink; (c) generally for securing that the offender shall lead an honest and industrious life; (d) providing that the offender with his surety or sureties, if any, shall appear in chambers before the judge of the court at such intervals as may be specified in the order. [ s. 326] (d) Execution of Sentences Warrant in case of sentence of imprison-ment - 346 Verify source ↗
A warrant under the hand of the judge or magistrate by
AI-assisted research summary: The sentencing judge or magistrate must issue a warrant for carrying the sentence out in a prison in Tanzania Mainland, and prison officials and other persons have authority to carry it out if it is not a death sentence.
346. A warrant under the hand of the judge or magistrate by whom any person is to be sentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Tanzania Mainland, shall be issued by the sentencing judge or magistrate, and shall be full authority to the officer in charge 225 ©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] Cap. 16 Warrant for levy of fine Objections to attachment of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death; and every sentence shall be deemed to commence from, and to, include the whole of the day of the date on which it was pronounced, except where otherwise provided in this Act or in the Penal Code. [ s. 327] - 347 Verify source ↗
(1) Where a court orders money to be paid by an accused
AI-assisted research summary: If a court orders money to be paid, the amount may be recovered by distress and sale of the payer’s property, but immovable property cannot be sold if sufficient movable property is available.
347.–(1) Where a court orders money to be paid by an accused person or by a prosecutor or complainant for fine, penalty, compensation, costs, expenses or otherwise, the money may be levied on the movable and immovable property of the person ordered to pay the same by distress and the sale under warrant; but if he shows sufficient movable property to satisfy the order, his immovable property shall not be sold. (2) A person ordered under subsection (1) to pay money may pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon, the officer shall cease to execute the same. (3) A warrant under this section may be executed within the local limits of jurisdiction of the court issuing it, and it shall authorise the distress and sale of any property belonging to such person when endorsed by a district or resident magistrate within the local limits of whose jurisdiction such property is found. [ s. 328] - 348 Verify source ↗
(1) Any person claiming to be entitled to have a legal or
AI-assisted research summary: A person claiming an interest in attached property may object in writing before the sale proceeds are received by the court; the court must then stay execution and hear the claim.
348.–(1) Any person claiming to be entitled to have a legal or equitable interest in whole or part of any property attached in execution of a warrant issued under section 346 may, at any time prior to the receipt by the court of the proceeds of sale of such property, give notice in writing to the court of his objection to the attachment of the property and the notice shall set out shortly the nature of the claim which the person, in this section called “the objector”, makes to the whole or part of the property attached and certify the value of the property claimed 226 ©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] by him, such value being supported by an affidavit which shall be filed with the notice. (2) Upon receipt of a valid notice given under subsection (1), the court shall, by an order in writing addressed to the officer having the execution of the warrant, direct a stay of the execution proceedings. (3) Upon the issue of an order under subsection (2), the court shall, by notice in writing, direct the objector to appear before such court and establish his claim upon a date to be specified in the notice. (4) A notice shall be served upon the person whose property was, by the warrant issued under section 347, directed to be attached and, unless the property is to be applied to the payment of a fine, upon the person entitled to the proceeds of the sale of property and the notice shall specify the time and place fixed for the appearance of the objector and shall direct the person upon whom the notice is served to appear before the court at the same time and place if he wishes to be heard upon the hearing of the objection. (5) Upon the date fixed for hearing of the objection, the court shall investigate the claim and, for that purpose, may hear any evidence which the objector may give or adduce and any evidence given or adduced by any person served with a notice in accordance with subsection (4). (6) Where, upon investigation of the claim, the court is satisfied that the property, attached was not, when attached, in the possession of the person ordered to pay the money or of some person in trust for him, or in the occupancy of a tenant, or other person paying rent to him, or that, being in the possession of the person ordered to pay the money at such time it was so in his possession not on his own account or as his own property but on account of or in trust for some other person or party on his own account and partly on account of some other person, the court shall make an order releasing the property, wholly or to such extent as it thinks fit, from attachment. 227 ©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] Suspension of execution of sentence of imprisonment in default of fine (7) Where, upon the date fixed for his appearance, the objector fails to appear or if, upon investigation of the claim in accordance with subsection (5), the court is of the opinion that the objector has failed to establish his claim, the court shall order the attachment and execution to proceed and shall make such order as to costs as it deems proper. (8) Nothing in this section shall be deemed to deprive a person who has failed to comply with the requirements of subsection (1) of the right to take any other proceedings which, apart from the provisions of this section, may lawfully be taken by a person claiming an interest in property attached under a warrant. [ s. 329] - 349 Verify source ↗
(1) Where an offender has been sentenced to a fine only
AI-assisted research summary: The court may suspend jail time, require a bond, allow instalments, or enforce imprisonment if a fine or money payment is not made.
349.–(1) Where an offender has been sentenced to a fine only and to imprisonment in default of payment of the fine, the court may suspend the execution of the sentence of imprisonment and may release the offender on his executing a bond, with or without sureties, as the court thinks fit, conditioned for his appearance before such court on a date not being more than fifteen days from the time of executing the bond; and in the event of the fine not having been realised the court may direct the sentence of imprisonment to be carried into execution at once or may from time to time extend the operation of the bond for a further period of not more than fifteen days. (2) In any case in which an order for the payment of money has been made, the court may require the person ordered to make such payment to enter into a bond as prescribed in subsection (1), and in default of his so doing may at once pass sentence of imprisonment as if the money had not been recovered. (3) Without prejudice to the provisions of subsections (1) and (2), in any case in which an order for the payment of money has been made, and whether or not any order has been made for imprisonment in default of payment, the court may, in its direction, either at the time such order is made or subsequently, direct that the money may be paid by installments at such times and in such amounts as the court may think fit. 228 ©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] Cap. 16 Commitment for warrant of distress Commitment in lieu of distress (4) Where under subsection (3), the court directs that money may be paid by installments, the whole of the amount outstanding shall, unless the court extends the period within which such installments is to be paid, become due and payable and all the provisions of this Act and of the Penal Code applicable in the case of non-payment of a fine shall apply to and in respect of the amount outstanding. [ s. 330] - 350 Verify source ↗
Where the officer having the execution of a warrant of
AI-assisted research summary: If the officer cannot find enough property to recover the amount owed plus distress expenses, the court may order the debtor to be imprisoned for the time stated in the warrant unless payment is made first.
350. Where the officer having the execution of a warrant of distress reports that he can find no property or not sufficient property whereupon to levy the money mentioned in the warrant with expenses, the court may, by the same or a subsequent warrant, commit the person ordered to pay to prison for a time specified in the warrant, unless the money and all expenses of the distress, to be specified in the warrant, are sooner paid. [ s. 331] - 351 Verify source ↗
Where it appears to the court that distress and sale of
AI-assisted research summary: The court may commit a person to prison for a specified time instead of or after a warrant of distress, if certain conditions are met.
351. Where it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family or, by his confession or otherwise, that he has no property whereon, the distress may be levied, or when other sufficient reason appears to the court, the court may, if it thinks fit, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. [ s. 332] Payment in full after commitment - 352 Verify source ↗
A person committed for non-payment may pay the
AI-assisted research summary: A person committed for non-payment may pay the warrant sum and any authorised expenses to the person holding them, and that person must release them if they are not being held for anything else.
352. A person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised, if any, to the person in whose custody he is and that person shall thereupon release him if he is in custody for no other matter. [ s. 333] 229 ©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 payment after commitment
Part
Part payment
- 353 Verify source ↗
(1) Where any person who is confined in any prison for
AI-assisted research summary: If a prisoner pays part of a court-ordered sum, the prison term is reduced proportionately, and the prison officer must bring the prisoner before a court on application.
353.–(1) Where any person who is confined in any prison for non-payment of any sum adjudged by a court in its criminal jurisdiction to be paid under this Act or under any other Act, pays any sum in part satisfaction of the sum adjudged to be paid, the term of his imprisonment shall be reduced by a number of days bearing nearly as possible the same proportion to the total number of days for which such person is committed as the sum paid bears to the sum for which he is liable. (2) The officer in charge of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such person, at once take him before a court and such court shall certify the amount by which the term of imprisonment originally awarded is reduced by such payment in part satisfaction, and shall make such order as is required in the circumstances. [ s. 334] Who may issue warrant - 354 Verify source ↗
Every warrant for the execution of any sentence may
AI-assisted research summary: A judge or magistrate who passed a sentence, or that officer’s successor, may issue the warrant to execute the sentence.
354. Every warrant for the execution of any sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office or jurisdiction. [ s. 335] Limitation of imprisonment after commitment - 355 Verify source ↗
A commitment for non-payment shall not be for a
AI-assisted research summary: A commitment for non-payment cannot last more than six months unless the law for the conviction allows a longer period.
355. A commitment for non-payment shall not be for a longer period than six months unless the law under which the conviction has taken place enjoins or allows a longer period. [ s. 336] D. - Miscellaneous Provisions for Dealing with Offenders (a) First Offenders Power to release upon probation instead of sentencing to punishment - 356 Verify source ↗
(1) In any case in which a person is convicted before
AI-assisted research summary: A court may release a convicted person on probation instead of sentencing immediately, subject to a bond and conditions, for up to three years.
356.–(1) In any case in which a person is convicted before any court of an offence not punishable with death and no previous conviction is proved against him, if it appears to the court before which he is convicted that, having regard to the youth, character, antecedents, health or mental condition, of the offender or to the trivial nature of the offence or to 230 ©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] any extenuating circumstances under which the offence was committed, it is expedient to release the offender on probation, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, and during that period, not exceeding three years, as the court may direct, to appear and receive sentence when called upon and in the meantime to keep the peace and be of good behaviour. (2) An order under this section may be made by the High Court when exercising its power of revision. [ s. 337] Provisions in case of offender failing to observe conditions of his recognisance - 357 Verify source ↗
(1) Where at any time the court which convicted the
AI-assisted research summary: If the convicting court is satisfied an offender broke recognisance conditions, it may issue a warrant, and after arrest the warrant court may remand the person, grant bail, or pass sentence.
357.–(1) Where at any time the court which convicted the offender is satisfied that the offender has failed to observe any of the conditions of his recognisance, it may issue a warrant for his arrest. (2) An offender when arrested on a warrant under subsection (1) shall be brought forthwith before the court by which the warrant was issued and the court may either remand him in custody until the case is heard or admit him to bail with sufficient surety conditioned for his appearing for sentence and the court may, after hearing the case, pass sentence. [ s. 338] - 358 Verify source ↗
The court, before directing the release of an offender
AI-assisted research summary: Before releasing an offender under section 357, the court must be satisfied that the offender or any surety has a fixed abode or regular job in the relevant place.
358. The court, before directing the release of an offender under section 357, shall be satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place for which the court acts, or in which the offender is likely to live during the period named for his observance of the condition. [ s. 339] Conditions as to abode of offender Release of offender on community service Act No. 9 of 2002 Sch. - 359 Verify source ↗
(1) In case in which a person is convicted before any court
AI-assisted research summary: A court may replace prison with community service for certain convicted offenders if the case meets the stated conditions.
359.–(1) In case in which a person is convicted before any court of any offence not punishable with death, either on its own motion, or application by the offender or any other competent authority, it appears to the court before which he is convicted that, having regard to the youth, character, antecedents, or 231 ©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] Cap. 291 Cap. 11 Cap. 291 Sections 356, 357 and 358 not to apply in certain circumstances Cap. 247 Power to subject to police supervision Cap. 16 Cap. 337 health condition of the offender or to the trivial nature of the offence, or to any extenuating circumstances under which the offence was committed, it is expedient to release the offender on community service under the Community Service Act, the court may instead of committing the offender to prison, direct that he be released to community service on his entering into a bond, with or without sureties, and for a period to be specified by the court in the community service order. (2) Nothing under subsection (1) of this section shall preclude the court from making an order under this section on an application for review under this Act or the Magistrates’ Courts Act. (3) An order under this section may be made by any other court in the exercise of its appellate or revision powers over the case. (4) For the purposes of this section, the term “competent authority” has the same meaning ascribed to it under the Community Service Act. [ s. 339A] - 360 Verify source ↗
Sections 356, 357 and 358 of this Act shall not apply in
AI-assisted research summary: Sections 356, 357 and 358 do not apply in Mainland Tanzania where the Probation of Offenders Act applies.
360. Sections 356, 357 and 358 of this Act shall not apply in any area of Mainland Tanzania to which the Probation of Offenders Act applies. [ s. 340] (b) Offenders with Previous Conviction - 361 Verify source ↗
(1) Where any person
AI-assisted research summary: A court may order police supervision for certain convicted persons, and the order must be in the prescribed form and included in the commitment warrant.
361.–(1) Where any person- (a) has been convicted of any offence against section 59 or 60 of the Penal Code or section 26, 27 or 28 of the Societies Act; or (b) having been convicted of any offence punishable with imprisonment for a term of three years or more or of an offence under section 363 of this Act, the court may, if it thinks fit, at the time of passing sentence of imprisonment on such person, also order that he shall be subject to police supervision as hereinafter provided for a 232 ©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] period not exceeding five years from the date of his release from prison. (2) Where the conviction is set aside on appeal or for any other reason, the order shall become void. (3) An order under this section may be made by the High Court when exercising its powers of revision. (4) Every order made under this section shall be made out in the prescribed form and in addition be stated in the warrant of commitment. [ s. 341] Requirements from person subject to police supervision - 362 Verify source ↗
(1) A court may, at any time, direct that a person shall,
AI-assisted research summary: A court may order a person under police supervision to live in a specified district, stay there, notify authorities of their address, and report when called.
362.–(1) A court may, at any time, direct that a person shall, whilst subject to police supervision and at large in Tanzania, comply with all or any of the following requirements and may vary any such direction at any time: (a) to reside within the limits of any specified district; (b) not to transfer his residence to any other district without the written consent of the administrative officer or police officer in charge of the district where he resides; (c) not to leave the district in which he resides without the written consent of the administrative officer or police in charge of such district; (d) at all times to keep the police officer or, if there is no police officer, the administrative officer in charge of the district in which he resides, notified of the house or place in which he resides; (e) to present himself, whenever called upon so to do by the administrative officer or police officer in charge of the district in which he resides, at any place in such district. (2) For the purpose of giving any directions or of varying any directions under subsection (1) of this section, a court may issue a summons to a person to whom the subsection relates and who is within the jurisdiction of that court requiring his attendance before it at such time and place as may be specified; and the provisions of sections 146, 147, 148,149 and 150 of this Act shall apply mutatis mutandis to him as they apply to a witness. 233 ©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] Failure to comply with requirements under section 362 Errors and omissions in orders and warrants (3) The Minister may make rules for carrying out the provisions of this section. [ s. 342] - 363 Verify source ↗
Where any person subject to police supervision who is
AI-assisted research summary: A person subject to police supervision who is at large in Tanzania must comply with requirements under section 362 or its rules, unless they can satisfy the court that they tried to follow the law; otherwise they commit an offence and may be imprisoned.
363. Where any person subject to police supervision who is at large in Tanzania refuses or neglects to comply with any requirement prescribed by section 362 or by any rules made thereunder he shall, unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the law, be guilty of an offence and liable to imprisonment for a term not exceeding six months or, on a second or subsequent conviction for such offence, to imprisonment for a term not exceeding twelve months. [ s. 343] (c) Defects in Orders of Warrant - 364 Verify source ↗
The court may, at any time, amend any defect in substance
AI-assisted research summary: The court may amend defects in substance or form in orders or warrants, and certain errors do not make an act void or unlawful if the order or warrant is supported by a valid conviction or judgment.
364. The court may, at any time, amend any defect in substance or in form in any order or warrant and no omission or error as to time and place and no defect in form in any order or warrant given under this Act, shall be held to render void or unlawful any act done or intended to be done by virtue of such order or warrant, provided that it is therein mentioned or may be inferred therefrom that it is founded on a conviction or judgment and there is a valid conviction or judgment to sustain the order or warrant. [ s. 344] E. - Miscellaneous Powers of the Court to Order Compensation, Costs, Forfeiture, etc. Costs against accused Act No. 3 of 2011 s. 21 (a) Costs and Compensation - 365 Verify source ↗
(1) It shall be lawful for a judge of the High Court or any
AI-assisted research summary: A High Court judge or magistrate may order a convicted person to pay reasonable costs, and may also order a private prosecutor to pay costs to an accused person in some acquittal or discharge cases.
365.-(1) It shall be lawful for a judge of the High Court or any magistrate to order any person convicted before him of an offence to pay to the public or private prosecutor, as the case may be, such reasonable costs as to the judge or magistrate may see fit, in addition to any other penalty imposed. 234 ©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] (2) It shall be lawful for a judge of the High Court or any magistrate who acquits or discharges a person accused of an offence, if the prosecution for such offence was originally instituted on a summons or warrant issued by a court on the application of a private prosecutor, to order the private prosecutor to pay to the accused such reasonable costs as to the judge or magistrate may see fit. (3) The costs awarded under this section may be awarded in addition to any compensation awarded under section 367. (4) In this section- “public prosecutor” means any person prosecuting for or on behalf of the United Republic or for or on behalf of a public authority; “private prosecutor” means any prosecutor other than a public prosecutor. [ s. 345] - 366 Verify source ↗
An appeal shall lie against any order awarding costs under
AI-assisted research summary: An appeal may be brought against an order awarding costs under section 365, going to the High Court if the order was made by a magistrate and to the Court of Appeal if it was made by a judge.
366. An appeal shall lie against any order awarding costs under section 365 if made by a magistrate, to the High Court and, if by a judge, to the Court of Appeal and the court to which the appeal is made shall have power to give such costs of the appeal as it shall deem reasonable. [ s. 346] - 367 Verify source ↗
Where on the acquittal of an accused person a court is
AI-assisted research summary: If a court acquits an accused person and thinks the charge was frivolous or vexatious, it may order the complainant to pay compensation and costs.
367. Where on the acquittal of an accused person a court is of the opinion that the charge was frivolous or vexatious, the court may order the complainant to pay to the accused person a reasonable sum as compensation for the trouble and expense to which he may have been put by reason of such charge, in addition to his costs. [ s. 347] Order to pay costs appealable Compensation in cases of frivolous or vexatious charge Power to order accused to pay compensation - 368 Verify source ↗
(1) Where an accused person is convicted by any court
AI-assisted research summary: A court may order a convicted person to pay compensation for loss or injury caused by the offence, and payment is delayed until any appeal period ends or the appeal is decided.
368.–(1) Where an accused person is convicted by any court of any offence not punishable with death and it appears from the evidence that some other person, whether or not he is the prosecutor or a witness in the case, has suffered material loss or personal injury in consequence of the offence committed and that substantial compensation is, in the opinion of the 235 ©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] Cap.16 Compensation in case of sexual offences Act No. 4 of 1998 s. 25 court, recoverable by that person by civil suit, the court may, in its discretion and in addition to any other lawful punishment, order the convicted person to pay to that other person such compensation, in kind or in money, as the court deems fair and reasonable. (2) Where any person is convicted of any offence under Chapters XXVII to XXXII of the Penal Code, the power conferred by subsection (1) shall be deemed to include a power to award compensation to any bona fide purchaser of any property in relation to which the offence was committed for the loss of such property if the property is restored to the possession of the person entitled thereto. (3) An order for compensation under this section shall be subject to appeal if an order for the payment of a fine of a similar amount would have been subject to appeal and no payment of compensation shall be made before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the decision on the appeal. [ s. 348] - 369 Verify source ↗
(1) Notwithstanding the provisions of section 368 of
AI-assisted research summary: If a court convicts someone of a sexual offence, it must also order the convict to pay compensation set by the court.
369.–(1) Notwithstanding the provisions of section 368 of this Act, when a court convicts an accused person of a sexual offence, it shall in addition to any penalty which it imposes make an order requiring the convict to pay such effective compensation as the court may determine to be commensurate to possible damages obtainable by a civil suit by the victim of the sexual offence for injuries sustained by the victim in the course of the offence being perpetrated against him or her. (2) For the purposes of this section “sexual offence” means Cap. 16 any of the offences created in Chapter XV of the Penal Code. [ s. 348A] Costs and compensation to be specified in order, and how recoverable - 370 Verify source ↗
The sums allowed for costs or compensation shall in all
AI-assisted research summary: Costs or compensation must be stated in the conviction or order, can be recovered like a penalty, and non-payment can lead to up to six months’ imprisonment if not paid sooner.
370. The sums allowed for costs or compensation shall in all cases be specified in the conviction or order, and they shall be recoverable in like manner as any penalty may be recoverable under this Act; and in default of payment of such costs or 236 ©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] compensation and in default of distress as hereinafter provided the person in default shall be liable to imprisonment for a term not exceeding six months unless the costs or compensation are sooner paid. [ s. 349] Power of courts to award expenses or compensation out of fine - 371 Verify source ↗
(1) Where a court imposes a fine or confirms, on appeal,
AI-assisted research summary: A court may direct that some or all of a fine be used to cover prosecution expenses or compensate for loss or injury, but payment must wait while an appeal period is running or an appeal is pending. In a later civil suit about the same matter, the civil court must consider compensation already paid or recovered under section 368.
371.–(1) Where a court imposes a fine or confirms, on appeal, revision or otherwise, a sentence of fine, or a sentence of which a fine forms part the court may, when passing judgment, order the whole or any part of the fine recovered to be applied- (a) in defraying expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is, in the opinion of the court, recoverable by civil suit. (2) Where the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the decision of the appeal. (3) At the time of awarding any compensation in any subsequent civil suit relating to the same matter, the court hearing the civil suit shall take into account any compensation paid or recovered under section 368. [ s. 350] (b) Forfeiture Power to order for forfeiture of property - 372 Verify source ↗
(1) Where a person is convicted of an offence and the
AI-assisted research summary: A court may forfeit, confiscate, destroy, deliver, keep, or sell property linked to an offence, subject to appeal rules and other written law.
372.–(1) Where a person is convicted of an offence and the court which passes sentence is satisfied that any property which was in his possession or under his control at the time of his apprehension- (a) has been used for the purpose of committing or facilitating the commission of any offence; or (b) was intended by him to be used for that purpose, 237 ©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] that property shall be liable to forfeiture and confiscation and any property so forfeited under this section shall be disposed of as the court may direct. (2) Where the court orders the forfeiture or confiscation of any property as provided in subsection (1) of this section but does not make an order for its destruction or for its delivery to any person, the court may direct that the property shall be kept or sold and that the property or, if sold, the proceeds thereof shall be held as it directs until some person establishes to the court’s satisfaction a right thereto; but if no person establishes such a right within six months from the date of forfeiture or confiscation, the property or the proceeds thereof shall be paid into and form part of the Consolidated Fund. (3) The power conferred by this section upon the court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions regarding forfeiture, confiscation, destruction, detention or delivery contained in the written law under which the conviction was had or in any other written law applicable to the case. (4) Where an order is made under this section in a case in which an appeal lies, the order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for presenting the appeal has passed or, when an appeal has been presented, until the disposal of the appeal. (5) In this section, any reference to- (a) “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which it is exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; 238 ©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) “facilitating the commission of an offence” includes the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection. [ s. 351] Warrant of search for forfeited or confiscated articles - 373 Verify source ↗
Where a court has made an order for the forfeiture or
AI-assisted research summary: If a court has ordered forfeiture or confiscation of an article, the court or a justice of the peace may issue a search warrant when sworn information supports that the article is likely at specific premises and access has been refused or is expected to be refused.
373. Where a court has made an order for the forfeiture or confiscation of an article, the court or any justice of the peace may, if satisfied on information on oath- Disposal of exhibits Acts Nos. 2 of 2010 s. 6; 3 of 2011 s. 22; (a) that there is reasonable cause to believe that the article is to be found in any place or premises; and (b) that admission to the place or premises has been refused or that a refusal of such admission is apprehended, issue a warrant of search which may be executed according to law. [ s. 352] (c) Disposal of Exhibits - 374 Verify source ↗
(1) Where anything which has been tendered or put in
AI-assisted research summary: The court may deal with unclaimed evidence items by selling, destroying, disposing of, or in some cases returning them, and may have to pay sale proceeds into the Republic’s general revenues.
374.–(1) Where anything which has been tendered or put in evidence in any criminal proceedings before any court has not been claimed by any person who appears to the court to be entitled thereto within a period of twelve months after the final disposal of the proceedings or if any appeal is entered in respect thereof, the thing may be sold, destroyed or otherwise disposed of in such manner as the court may by order direct and the proceeds of its sale shall be paid into the general revenues of the Republic. (2) Where anything which has been tendered or is intended to be tendered or put in evidence in any criminal proceedings before any court is subject to speedy and natural decay, the court may, at any stage of the proceedings or at any time after the final disposal of such proceedings, order that it be sold or otherwise disposed of but shall hold the proceeds of the sale and, if unclaimed at the expiration of a period of twelve months after the final disposal of such proceedings or any appeal entered in respect thereof, shall pay such proceeds into the general revenues of the Republic. 239 ©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] (3) Notwithstanding the provisions of subsection (1), the court may, if it is satisfied that it would be just and equitable so to do, order that anything tendered, or put or intended to be put in evidence in criminal proceedings before it should be returned at any stage of the proceedings or at any time after the final disposal of such proceedings to the person who appears to be entitled thereto, subject to such conditions as the court may see fit to impose. (4) Any order of a court made under the provisions of subsection (1) or (2) shall be final and shall operate as a bar to any claim by or of any interest in the thing by virtue of any title arising prior to the date of the order. (5) Where an order is made under this section in a case in which an appeal has been lodged the order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for lodging an appeal has elapsed or, when an appeal is lodged, until the appeal has been disposed of. (6) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party but also any property into or for which it has been converted or exchanged and anything acquired by such conversion or exchange whether immediate or otherwise. (7) For the purpose of this section, “court” includes court before which an accused person appears before he is committed for his trial. [ s. 353] Disposal of obscene or defamatory publications or noxious or adulterated food, etc. - 375 Verify source ↗
(1) On a conviction in respect of any obscene or
AI-assisted research summary: The court may order destruction of certain copies or items after a conviction for obscene or defamatory publication, or for noxious or adulterated food, drink, drug, or medical preparation.
375.–(1) On a conviction in respect of any obscene or defamatory publication, the court may order destruction of all the copies of the thing in respect of which the conviction was had and which are in the custody of the court or remain in the possession or power of the person convicted. 240 ©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] Person dispossessed of property may have it restored (2) The court may, in like manner, on a conviction in respect of any noxious or adulterated food, drink, drug or medical preparation, order the thing in respect of which the conviction was had to be destroyed. [ s. 354] - 376 Verify source ↗
(1) Where any person is convicted of any offence attended
AI-assisted research summary: If a person is convicted of an offence involving criminal force and someone was dispossessed of movable property, the court may order the property restored to that person.
376.–(1) Where any person is convicted of any offence attended by criminal force and it appears to the court that by such force any person has been dispossessed of any movable property, the court may, if it thinks fit, order that the property be restored to the possession of that other person. (2) An order made under subsection (1) shall not prejudice any right or interest in the movable property which any person may be able to establish in a civil suit. [ s. 355] Public officer connected with sale of property not to purchase or bid for property Act No. 9 of 1996 Sch. - 377 Verify source ↗
(1) A public officer having any duty connected with
AI-assisted research summary: A public officer involved in selling property under the Act must not directly or indirectly buy or bid for that property.
377.–(1) A public officer having any duty connected with the sale of any property under this Act shall not, directly or indirectly, purchase or bid for that property. (2) A public officer who, contrary to subsection (1), purchases or bids for any property commits an offence and liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a period of two years or to both. [ s. 356] F. - Restitution of Property Property found on accused person - 378 Verify source ↗
Where, upon the apprehension of a person charged with
AI-assisted research summary: If property is taken from a person after arrest on an offence charge, the court may order it returned or used to pay fines, costs, or compensation.
378. Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order- (a) that the property or part thereof be restored to the person who appears to the court to be entitled thereto and, if he is the person charged, that it be restored either to him or to such other person as he may direct; or (b) where the property belongs to him, that the property or part thereof be applied to the payment of any fine or 241 ©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] Property stolen Cap. 16 Cap.214 any costs or compensation directed to be paid by the person charged. [ s. 357] - 379 Verify source ↗
(1) Where any person guilty of an offence mentioned
AI-assisted research summary: Courts can order stolen property restored to the owner and can make restitution orders, subject to listed exceptions and appeal-related suspension.
379.–(1) Where any person guilty of an offence mentioned in Chapters XXVII to XXXII of the Penal Code, involving stealing, taking, obtaining, extorting, converting, or disposing of, or knowingly receiving any property, is prosecuted to conviction by or on behalf of the owner of such property, the property shall be restored to the owner or his representative. (2) In every case referred to in this section the court before which an offender is convicted shall have power to award from time to time writs of restitution for the property or to order its restitution in a summary manner, save that- (a) where goods, as defined in the Sale of Goods Act, have been obtained by fraud or other wrongful means not amounting to stealing, the property in such goods shall not revest in the person who was the owner of the goods or his personal representative by reason only of the conviction of the offender; and (b) nothing in this section shall apply to the case of any valuable security which has been in good faith paid or discharged by some person liable to the payment thereof or which being a negotiable instrument, has been in good faith taken or received by transfer or delivery by some person for just and valuable consideration without any notice or without reasonable cause to suspect that the same has been stolen. (3) On the restitution of any stolen property if it appears to the court by the evidence that the offender has sold the stolen property to any person and that such other person has had no knowledge that the same was stolen, and that money has been found in possession of and taken from the offender on his apprehension, the court may, on application of the purchaser, order that out of that money a sum not exceeding the amount of the proceeds of the sale be delivered to the purchaser. 242 ©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] (4) The operation of any order under this section shall, unless the court before which conviction takes place directs to the contrary in any case in which the title to the property is not in dispute, be suspended- (a) in any case, until the time for appeal has elapsed; and (b) 7in any case where an appeal is lodged, until the determination of the appeal and, in cases where the operation of the order is suspended, until the determination of the appeal the order shall not take effect as to property in question if the conviction is quashed on appeal. (5) The High Court may make provision by rules for securing the safe custody of any property, pending the suspension of the operation of any such order. (6) A person aggrieved by an order made under this section may appeal to the High Court and upon the hearing of the appeal the court may, by order, annul or vary any order made on a trial for the restitution of any property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied. [ s. 358] PART X APPEALS (a) Appeals Generally Appeal to High Court Act No. 25 of 2002 Sch.
Part
PART X
- 380 Verify source ↗
(1) Save as hereinafter provided, any person aggrieved by
AI-assisted research summary: A person aggrieved by a subordinate court decision may appeal to the High Court, and the court must tell that person the time limit for appealing.
380.–(1) Save as hereinafter provided, any person aggrieved by any finding, sentence or order made or passed by a subordinate court other than a subordinate court exercising its extended powers by virtue of an order made under section 179 of this Act may appeal to the High Court and the subordinate court 7 Note: Subsection (4)(b) is rearranged by splitting paragraph (b) and introducing subsection (5) to bring the subsection in line with the applicable format of a legislative provision. 243 ©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] shall at the time when such finding, sentence or order is made or passed, inform that person of the period of time within which, if he wishes to appeal, he is required to give notice of his intention to appeal and to lodge his petition of appeal. (2) An appeal to the High Court may be on a matter of fact as well as on a matter of law. (3) Notwithstanding the provisions of subsections (1) and (2), no appeal shall lie against or be made in respect of any preliminary or interlocutory decision or order of a subordinate court unless such decision or order has the effect of finally determining the criminal charge. [ s. 359] - 381 Verify source ↗
(1) An appeal shall not be allowed in the case of any
AI-assisted research summary: This section limits when appeals are allowed from certain criminal cases and sentences.
381.–(1) An appeal shall not be allowed in the case of any accused person who has pleaded guilty and has been convicted on such plea by a subordinate court except as to the extent or legality of the sentence. (2) Except with the leave of the High Court, no appeal shall be allowed in cases in which a subordinate court has passed a sentence of a fine not exceeding one thousand shillings only, or of corporal punishment only imposed on a person under sixteen years of age, or from a sentence of imprisonment in default of the payment of a fine if no substantive sentence of imprisonment has been passed. (3) A sentence which would not otherwise be liable to appeal shall not be appealable on the ground that the person convicted is ordered to find security to keep the peace. [ s. 360] - 382 Verify source ↗
(1) Subject to subsection (2), an appeal from any finding,
AI-assisted research summary: An appellant must give notice of appeal to the trial court within 10 days, and file the petition of appeal within 45 days, with special timing for corporal punishment cases and an exclusion for time spent getting copies of the record.
382.–(1) Subject to subsection (2), an appeal from any finding, sentence or order referred to in section 380 shall not be entertained unless the appellant- (a) has given notice to the trial court of his intention to appeal within ten days from the date of the finding, sentence or order or, in the case of a sentence of corporal punishment only, within three days of the date of such sentence; and 244 No appeal on plea of guilty Limitation Act No. 9 of 2002 Sch. Act No. 11 of 2023 s. 26 ©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) has lodged his petition of appeal within forty five days from the date of the finding, sentence or order, save that in computing the period of forty five days, the time required for obtaining a copy of the proceedings, judgment or order appealed against shall be excluded. (2) The High Court may, for good cause, admit an appeal notwithstanding that the period of limitation prescribed in this section has elapsed. [ s. 361] - 383 Verify source ↗
(1) Every appeal shall be made in the form of a petition
AI-assisted research summary: An appeal must be filed as a written petition, usually with a copy of the challenged proceedings, judgment, or order attached.
383.–(1) Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall, unless the High Court otherwise directs, be accompanied by a copy of the proceedings, judgment or order appealed against. (2) The petition shall contain particulars of the matters of law or of fact in regard to which the subordinate court appealed from is alleged to have erred. [ s. 362] Petition of appeal Act No. 9 of 2002 Sch. Appellant in prison - 384 Verify source ↗
Where the appellant is in prison, he may present his
AI-assisted research summary: If the appellant is in prison, he may give the appeal petition and copies to the prison officer, and the officer must forward them to the Registrar of the High Court.
384. Where the appellant is in prison, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the prison, who shall thereupon forward the petition and copies to the Registrar of the High Court. [ s. 363] Summary rejection of appeal - 385 Verify source ↗
(1) On receiving the petition and copy required by
AI-assisted research summary: The High Court must review the petition and copy received under section 383, may summarily reject certain appeals, and must notify the Director of Public Prosecutions of any order made under this section.
385.–(1) On receiving the petition and copy required by section 383, the High Court shall peruse them and- (a) where the appeal is against sentence and is brought on the grounds that the sentence is excessive and it appears to the court that there is no material in the circumstances of the case which could lead it to consider that the sentence ought to be reduced; (b) where the appeal is against conviction and the court considers that the evidence before the lower court leaves no reasonable doubt as to the accused’s guilt and that the appeal is frivolous or is without substance; or 245 ©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) where the appeal is against conviction and the sentence and the court considers that the evidence before the lower court leaves no reasonable doubt as to the accused’s guilt and that the appeal is frivolous or is without substance and that there is no material in the judgment for which the sentence ought to be reduced, the court may forthwith summarily reject the appeal by an order certifying that upon perusing the record, the court is satisfied that the appeal has been lodged without any sufficient ground of complaint. (2) Notice of any order made under the provisions of this section shall be forthwith given to the Director of Public Prosecutions. [ s. 364] - 386 Verify source ↗
(1) Where the High Court does not dismiss the appeal
AI-assisted research summary: If the High Court does not summarily dismiss an appeal, it must notify the appellant or their advocate and the Director of Public Prosecutions of the hearing time and place, and give the Director copies of the proceedings and grounds of appeal.
386.–(1) Where the High Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his advocate, and to the Director of Public Prosecutions, of the time and place at which the appeal will be heard and shall furnish the Director of Public Prosecutions with a copy of the proceedings and of the grounds of appeal; save that notice need not be given to the appellant or his advocate if it has been stated in the petition of appeal that the appellant does not wish to be present and does not intend to engage an advocate to represent him at the hearing of the appeal. (2) Where notice of time, place of hearing cannot be served on any person because he cannot be found through the address obtained from him by the court under section 245 or 293, the notice shall be brought to his attention in the manner prescribed by section 403(2). [ s. 365] Notice of time and place of hearing Acts Nos. 10 of 1989 Sch.; 4 of 1991 Sch. Powers of High Court on appeal and right of appellant to appear - 387 Verify source ↗
(1) At the hearing of the appeal, the appellant or his
AI-assisted research summary: On appeal, the appellant or advocate may speak, the prosecutor may respond if present, and the court may ask for a reply and decide the appeal in several ways.
387.–(1) At the hearing of the appeal, the appellant or his advocate may address the court in support of the particulars set out in the petition of appeal and the public prosecutor, if he appears, may then address the court and thereafter, the court may invite the appellant or his advocate to reply upon 246 ©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] Cap. 16 any matters of law or of fact raised by the public prosecutor in his address and the court may then, if it considers there is no sufficient ground for interfering, dismiss the appeal or may- (a) in an appeal from a conviction- (i) reverse the finding and sentence and acquit the accused or discharge him under section 38 of the Penal Code or order him to be re-tried by a court of competent jurisdiction or direct the subordinate court to hold committal proceedings; (ii) alter the finding, maintaining the sentence or, with or without altering the finding, reduce or increase the sentence; or (iii) with or without such reduction or increase of sentence and with or without altering the finding, alter the nature of the sentence. (b) in an appeal against sentence, increase or reduce the sentence or alter the nature of the sentence; (c) in an appeal from any other order, alter or reverse such order and, in any such case, may make any amendment or any consequential or incidental order that may appear just and proper. (2) An appellant, whether in custody or not, shall be entitled to be present at the hearing of his appeal. (3) The right of an appellant who is in custody to be present at the hearing of the appeal shall be subject to his paying all expenses incidental to his transfer to and from the place where the court sits for the determination of the appeal; save that the court may direct that the appellant be brought before the court in any case in which, in the opinion of the court, his presence is desirable for the due determination of the appeal, in which case such expenses shall be defrayed by the Government. (4) Nothing in this section shall be construed as precluding the court from inflicting a greater punishment than the punishment which might have been inflicted by the court which imposed the sentence. [ s. 366] 247 ©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] Order of High Court to be certified to lower court - 388 Verify source ↗
(1) Where a case is decided on appeal by the High Court,
AI-assisted research summary: If the High Court decides an appeal, it must certify its judgment or order to the court that made the original decision.
388.–(1) Where a case is decided on appeal by the High Court, it shall certify its judgment or order to the court by which the conviction, sentence or order appealed against was recorded or passed. (2) The court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court and, if necessary, the records shall be amended accordingly. [ s. 367] Suspension of sentences and admission to bail pending appeal - 389 Verify source ↗
(1) After the entering of an appeal by a person entitled
AI-assisted research summary: After an appeal is entered, the court may release an imprisoned appellant on bail or suspend the sentence/order while the appeal is heard.
389.–(1) After the entering of an appeal by a person entitled to appeal, the High Court or the subordinate court which convicted or sentenced such person may, for reasonable cause to be recorded by it in writing- (a) in the case of a person sentenced to a term of imprisonment, order- (i) that such person be released on bail with or without sureties pending the hearing of his appeal; or (ii) that the execution of the sentence appealed against be suspended pending the hearing of his appeal in which case he shall be treated as a remand prisoner pending the hearing of his appeal; and (b) in any other case, order that the execution of the sentence or order appealed against be suspended pending the hearing of his appeal. (2) Where the appeal is ultimately dismissed and the original sentence, being a sentence of imprisonment, is confirmed or some other sentence of imprisonment substituted therefor, the time during which the appellant has been released on bail or during which the sentence has been suspended shall be excluded in computing the term of imprisonment to which he is finally sentenced. [ s. 368] 248 ©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] Further evidence Number of judges on appeal by appellant Withdrawal of appeal Act No. 9 of 2002 Sch. - 390 Verify source ↗
(1) In dealing with an appeal from a subordinate court,
AI-assisted research summary: If the High Court thinks extra evidence is needed in an appeal from a subordinate court, it must record its reasons and may take the evidence itself or send it to a subordinate court to take.
390.–(1) In dealing with an appeal from a subordinate court, the High Court if it thinks additional evidence is necessary, shall record its reasons and may either take such evidence itself or direct it to be taken by a subordinate court. (2) When the additional evidence is taken by a subordinate court, that court shall certify the evidence to the High Court which shall thereupon proceed to dispose of the appeal. (3) Unless the High Court otherwise directs, the appellant or his advocate shall be present when the additional evidence is taken. (4) Evidence taken in pursuance of this section shall be taken as if it were evidence taken at a trial before a subordinate court. [ s. 369] - 391 Verify source ↗
(1) Appeals from subordinate courts shall be heard by
AI-assisted research summary: Appeals from subordinate courts are normally heard by one High Court judge, unless the Chief Justice directs that more judges hear the appeal.
391.–(1) Appeals from subordinate courts shall be heard by one judge of the High Court except when in any particular case the Chief Justice directs that an appeal be heard by two or more judges of the High Court and such direction shall be given before the hearing of the appeal or at any time before judgment is delivered. (2) Where on the hearing of an appeal the High Court is equally divided in opinion, the appeal shall be dismissed. [ s. 370] - 392 Verify source ↗
(1) An appeal may be withdrawn at any time before
AI-assisted research summary: An appeal may be withdrawn before hearing by written notice to the Registrar signed by the appellant or the appellant’s advocate.
392.–(1) An appeal may be withdrawn at any time before hearing by a written notice to the Registrar signed by the appellant or his advocate, and upon that notice being given, the appeal shall be marked withdrawn. (2) When any appeal is withdrawn, the Registrar shall forthwith notify the respondent and the subordinate court in which that case originated. (3) An appeal which has been withdrawn may be restored by leave of the court on the application of the appellant if the court is satisfied that there are sufficient reasons that the appeal be heard. [ s. 371] 249 ©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] Abatement of appeal on death of appellant Act No. 9 of 2002 Sch. Power of High Court to call for records Act No. 25 of 2002 Sch. - 393 Verify source ↗
Every appeal from a subordinate court, except an appeal
AI-assisted research summary: An appeal from a subordinate court abates when the appellant dies, except an appeal from a sentence of fine.
393. Every appeal from a subordinate court, except an appeal from a sentence of fine, shall abate on the death of the appellant. [ s. 371A] (b) Revision - 394 Verify source ↗
(1) The High Court may call for and examine the record
AI-assisted research summary: The High Court may examine records of criminal proceedings from subordinate courts, but revision is not available for preliminary or interlocutory orders unless they finally determine the criminal charge.
394.–(1) The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any subordinate court. (2) Notwithstanding the provisions of subsection (1), no application for revision shall lie or be made in respect of any preliminary or interlocutory decision or order of a subordinate court unless such decision or order has the effect of finally determining the criminal charge. [ s. 372] Power of High Court on revision Act No. 4 of 1998 s. 26 - 395 Verify source ↗
(1) In the case of any proceedings in a subordinate court,
AI-assisted research summary: The High Court may revise subordinate-court proceedings, change certain orders, enhance sentences on conviction, and in some cases turn acquittals into convictions.
395.–(1) In the case of any proceedings in a subordinate court, the record of which has been called for or which has been reported for orders or which otherwise comes to its knowledge, the High Court may- (a) in the case of conviction, exercise any of the powers conferred on it as a court of appeal by sections 387, 389 and 390 and may enhance the sentence; or (b) in the case of any other order other than an order of acquittal, alter or reverse such order, save that for the purposes of this paragraph a special finding under subsection (2) of section 235 of this Act shall be deemed not to be an order of acquittal. (2) An order under this section shall not be made to the prejudice of an accused person unless he has had an opportunity of being heard either personally or by an advocate in his own defence; save that an order reversing an order of a magistrate made under section 130 shall be deemed not to 250 ©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] have been made to the prejudice of an accused person within the meaning of this subsection. (3) Where the sentence dealt with under this section has been passed by a subordinate court, except if the matter involved a sexual offence, the High Court shall not inflict a greater punishment for the offence, which in the opinion of the High Court the accused has committed, than might have been inflicted by the court which imposed the sentence. (4) Nothing in this section shall be deemed to preclude the High Court converting a finding of acquittal into one of conviction where it deems necessary so to do in the interests of justice. (5) Where the High Court revises the record of proceedings in a subordinate court involving a sexual offence, it may if it considers that the justice of the case so requires inflict a punishment greater than that which the convicting court might have imposed but which the High Court could impose if the matter were to come to it on appeal as if the matter were in fact on appeal. (6) In this section, the term “sexual offence” means any of Cap. 16 the offences created in Chapter XV of the Penal Code. [ s. 373] Discretion of High Court as to hearing parties - 396 Verify source ↗
A party shall have no right to be heard either personally or
AI-assisted research summary: A party has no right to be heard personally or by advocate before the High Court on revision, but the High Court may choose to hear a party if it thinks fit.
396. A party shall have no right to be heard either personally or by advocate before the High Court when exercising its power of revision; save that the High Court may, if it thinks fit when exercising such powers, hear any party either personally or by advocate, and that nothing in this section shall be deemed to affect subsection (2) of section 395. [ s. 374] Number of judges on revision - 397 Verify source ↗
All proceedings of the High Court in the exercise of its
AI-assisted research summary: The High Court’s revisional proceedings may be heard, and its judgment or order may be made by one judge.
397. All proceedings of the High Court in the exercise of its revisional jurisdiction may be heard and any judgment or order thereon may be made or passed by one judge: 251 ©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] High Court order to be certified to lower court Interpretation Appeals by Director of Public Prosecutions Act No. 25 of 2002 Sch. Provided that, when the court is composed of more than one judge and is equally divided in opinion, the sentence or order of the subordinate court shall be upheld. [ s. 375] - 398 Verify source ↗
Where a case is revised by the High Court it shall certify
AI-assisted research summary: If the High Court revises a case, it must certify its decision or order to the original court, and that court must make orders and amend the record as needed.
398. Where a case is revised by the High Court it shall certify its decision or order to the court by which the sentence or order so revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision certified and, if necessary, the record shall be amended in accordance therewith. [ s. 376] (c) Appeals by Director of Public Prosecutions - 399 Verify source ↗
In the following section of this Part, unless the context
AI-assisted research summary: This section defines “Director of Public Prosecutions” and “respondent” for the following section, unless the context requires otherwise.
399. In the following section of this Part, unless the context otherwise requires- “Director of Public Prosecutions” includes any officer subordinate to him acting in accordance with his general or special instructions; “respondent” means the person who was the accused in the proceedings to which the appeal under section 400 relates and who may be affected by any order of the High Court on such appeal. [ s. 377] - 400 Verify source ↗
(1) Where the Director of Public Prosecutions is
AI-assisted research summary: The Director of Public Prosecutions may appeal certain subordinate court decisions to the High Court, and such appeals may cover both facts and law.
400.–(1) Where the Director of Public Prosecutions is dissatisfied with an acquittal, finding, sentence or order made or passed by a subordinate court, other than a subordinate court exercising its extended powers by virtue of an order made under section 179 of this Act, he may appeal to the High Court. (2) An appeal to the High Court under this section may be on a matter of fact as well as on a matter of law. (3) Notwithstanding the provisions of subsections (1) and (2), no appeal shall lie against or be made in respect of any 252 ©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] Limitation Acts Nos. 5 of 1988 s. 11; 10 of 1989 Sch.; 9 of 2002 Sch.; 1 of 2008 s. 31 Petition of appeal Act No. 9 of 2002 Sch. preliminary or interlocutory decision or order of a subordinate court unless such decision or order has the effect of finally determining the criminal charge. [ s. 378] - 401 Verify source ↗
(1) Subject to subsection (2), no appeal under section 400
AI-assisted research summary: An appeal under section 400 cannot be entertained unless the Director of Public Prosecutions, or someone acting on his instructions, gives notice within 30 days and files the petition within 45 days, subject to a time-exclusion rule. The High Court may still admit an appeal for good cause after those periods expire.
401.–(1) Subject to subsection (2), no appeal under section 400 shall be entertained unless the Director of Public Prosecutions or a person acting under his instructions- (a) has given notice of his intention to appeal to the subordinate court within thirty days of the acquittal, finding, sentence or order against which he wishes to appeal and the notice of appeal shall institute the appeal; and (b) has lodged his petition of appeal within forty five days from the date of such acquittal, finding, sentence or order; save that in computing the said period of forty five days the time requisite for obtaining a copy of the proceedings, judgment or order appealed against or of the record of proceedings in the case shall be excluded. (2) The High Court may, for good cause, admit an appeal notwithstanding that the periods of limitation prescribed in this section have elapsed. [ s. 379] - 402 Verify source ↗
(1) Every appeal under section 400 shall be made in
AI-assisted research summary: Appeals under section 400 must be filed as a written petition by the Director of Public Prosecutions, usually with a copy of the challenged proceedings, judgment, or order, and the petition must state the legal or factual errors alleged.
402.–(1) Every appeal under section 400 shall be made in the form of a petition in writing presented by the Director of Public Prosecutions and shall, unless the High Court otherwise directs, be accompanied by a copy of the proceedings, judgment or order appealed against. (2) The petition shall contain particulars of the matters of law or fact in regard to which the subordinate court appealed from is alleged to have erred. [ s. 380] 253 ©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] Notice of time and place of hearing Act No. 9 of 2002 Sch. Director of Public Prosecutions may address court - 403 Verify source ↗
(1) Where a petition of appeal is lodged with the High
AI-assisted research summary: If an appeal petition is filed, the High Court must notify the respondent or the respondent’s advocate and include the hearing time, place, and copies of the appeal documents. If the respondent cannot be found, notice must be published in a newspaper three times, after which the court may proceed without the respondent.
403.–(1) Where a petition of appeal is lodged with the High Court in accordance with the provisions of section 402 the High Court shall cause notice to be given to the respondent or to his advocate, and every such notice shall state the time and place at which the appeal will be heard and shall be accompanied by a copy of the petition of appeal and a copy of the proceedings, judgment or order appealed against. (2) Where notice of time and place of hearing cannot be served on the respondent because he cannot be found through the address obtained by the court under sections 245 and 293 the notice shall be brought to his attention through publication in a newspaper three times, and at the end of that service the court shall proceed with the appeal in the absence of the respondent. [ s. 381] - 404 Verify source ↗
At the hearing of an appeal under section 400 the Director
AI-assisted research summary: On an appeal under section 400, the Director of Public Prosecutions and then the respondent or advocate may address the court, and the court may seek a reply and decide whether to dismiss or allow the appeal in several ways.
404. At the hearing of an appeal under section 400 the Director of Public Prosecutions may address the court in support of the particulars set out in the petition of appeal and the respondent or his advocate may then address the court and thereafter the court may invite the Director of Public Prosecutions to reply upon any matter of law or fact raised by the respondent or his advocate and the court may then, if it considers there is no sufficient ground for interfering, dismiss the appeal or may- (a) in an appeal from acquittal- (i) reverse the finding, convict the respondent of the offence with which he could have been convicted by the subordinate court, and either proceed to sentence him or remit the case to the subordinate court for passing the sentence; (ii) order the respondent to be tried by a court of competent jurisdiction; or (iii) direct the subordinate court to hold committal proceedings; (b) in an appeal against sentence, increase or reduce the sentence or alter the nature of the sentence; or 254 ©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] Non-attendance of parties Act No. 3 of 2011 s. 23 (c) in an appeal from any other order, alter or reverse such order and, in any case, may make any amendment or any consequential or incidental order that may appear just and proper. [ s. 382] - 405 Verify source ↗
(1) Where, on the day fixed for the hearing of an appeal
AI-assisted research summary: If the appellant or their advocate does not appear at an appeal hearing, the High Court may dismiss the appeal, hear it ex parte, adjourn it, or later re-admit a dismissed appeal if sufficient cause is shown. The Court may also require the respondent to attend personally and issue a warrant if they do not comply.
405.–(1) Where, on the day fixed for the hearing of an appeal under sections 387 and 400 or any other date on which the hearing may be adjourned, the appellant or his advocate as the case may be, does not appear when the appeal is called on for hearing, the High Court may make an order that the appeal be dismissed. (2) Where the appellant or his advocate as the case may be, on an appeal brought under sections 387 and 400 does not appear and the High Court is satisfied that the respondent or his advocates as the case may be was duly served with the notice of hearing, the High Court may proceed to hear the appeal ex-parte or may adjourn the hearing to another date and give notice thereof to the respondent. (3) Where an appeal is dismissed under subsection (1), the appellant or his advocate, as the case may be, may apply to the court for re-admission of the appeal and, where he satisfies the court that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the court may re-admit the appeal. (4) Where at the hearing of an appeal the respondent does not appear personally, the High Court may make an order requiring the personal attendance of the respondent and, if the respondent fails to comply with such order, may issue a warrant for the arrest and production of the respondent before the High Court on a date and time specified in the warrant. [ s. 383] Further evidence - 406 Verify source ↗
(1) In dealing with an appeal under section 400 the High
AI-assisted research summary: On an appeal under section 400, the High Court may take additional evidence itself or send it to a subordinate court, but it must record its reasons if it thinks that evidence is necessary.
406.–(1) In dealing with an appeal under section 400 the High Court, if it thinks additional evidence is necessary, shall record its reasons and may either take such evidence itself or direct it to be taken by a subordinate court. 255 ©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] Number of judges on appeal by Director of Public Prosecutions Withdrawal of appeal by Director of Public Prosecutions Act No. 9 of 2002 Sch. (2) Where the additional evidence is taken by a subordinate court that court shall certify the evidence to the High Court which shall thereupon proceed to dispose of the appeal. (3) Additional evidence shall not be taken under this subsection save in the presence of the respondent or his advocate and such evidence shall be taken as if it were evidence taken at a trial before a subordinate court. [ s. 384] - 407 Verify source ↗
The provisions of section 391 shall apply to appeals under
AI-assisted research summary: Section 391 applies to appeals under section 400.
407. The provisions of section 391 shall apply to appeals under section 400. [ s. 385] - 408 Verify source ↗
(1) The Director of Public Prosecutions may, at any time
AI-assisted research summary: The Director of Public Prosecutions may withdraw an appeal before the hearing by written notice to the Registrar.
408.–(1) The Director of Public Prosecutions may, at any time before the hearing, withdraw an appeal by a written notice to the Registrar, and upon that notice being given, the appeal shall be marked withdrawn. (2) Where an appeal is withdrawn, the Registrar shall forthwith notify the respondent and the subordinate court in which that case originated. (3) An appeal withdrawn under subsection (2), may be restored by leave of the court on the application by the Director of Public Prosecutions if the court is satisfied there are sufficient reasons that the appeal be heard. [ s. 386] Abatement of appeal on death of respondent Act No. 9 of 2002 Sch. - 409 Verify source ↗
Every appeal under section 400 shall abate on the death
AI-assisted research summary: An appeal under section 400 ends if the respondent dies.
409. Every appeal under section 400 shall abate on the death of the respondent. [ s. 386A] PART XI SUPPLEMENTARY PROVISIONS (a) Irregular Proceedings Proceedings in wrong place 410. No finding, sentence or order of any criminal court shall be set aside merely on the ground that the inquiry, trial or 256 ©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] Finding or sentence, when reversible by reason of error or omission in charge or other proceedings Distress not illegal nor distrainer trespasser for defect or want of form in proceedings Power to issue directions of nature of habeas corpus other proceeding in the course of which it was arrived at or passed, took place in a wrong region, district or other local area, unless it appears that such error has in fact occasioned a failure of justice. [ s. 387]
Part
PART XI
- 411 Verify source ↗
Subject to the provisions of section 410, no finding
AI-assisted research summary: Courts generally may not reverse or alter findings, sentences, or orders on appeal or revision because of procedural errors, unless the error caused a failure of justice. Distress made under the Act is not treated as unlawful or trespass because of defects in related documents or proceedings.
411. Subject to the provisions of section 410, no finding sentence or order made or passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or in any inquiry or other proceedings under this Act; save that where on appeal or revision, the court is satisfied that such error, omission or irregularity has in fact occasioned a failure of justice, the court may order a retrial or make such other order as it may consider just and equitable. [ s. 388] 412. No distress made under this Act shall be deemed unlawful, nor shall a person making it be deemed a trespasser on account of any defect or want of form in the summons, conviction, warrant of distress or other proceeding relating thereto. [ s. 389] (b) Directions in the Nature of Habeas Corpus and Writs - 413 Verify source ↗
(1) The High Court may, whenever it thinks fit, direct
AI-assisted research summary: The High Court may order people or prisoners to be brought before it, released, moved, or examined, and may make rules for procedures under this section.
413.–(1) The High Court may, whenever it thinks fit, direct- (a) that any person within the limits of Mainland Tanzania be brought up before the court to be dealt with according to law; (b) that any person illegally or improperly detained in public or private custody within such limits be set at liberty; (c) that any prisoner detained in any prison situate within such limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in such court; 257 ©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) that any prisoner detained as aforesaid be brought before a court-martial or any commissioner acting under the authority or any commission from the President for trial or be examined touching any matter pending before such court-martial or commissioner respectively; (e) that any prisoner within such limits be removed from one custody to another for the purpose of trial; and (f) that the body of a defendant within such limits be brought in on a return of cepi corpus to a writ of attachment. (2) The High Court may, from time to time, make rules to regulate the procedure in cases under this section. [ s. 390] Power of High Court to issue writs - 414 Verify source ↗
The High Court may, in the exercise of its criminal
AI-assisted research summary: The High Court may issue writs when acting within its criminal jurisdiction.
414. The High Court may, in the exercise of its criminal jurisdiction, issue any writ which may be issued by such court. [ s. 391] (c) Miscellaneous Persons before whom affidavits may be sworn - 415 Verify source ↗
Affidavits and affirmation to be used before the High
AI-assisted research summary: Affidavits and affirmations for use before the High Court may be sworn or affirmed before specified judicial and oath-taking কর্মকর্তers.
415. Affidavits and affirmation to be used before the High Court may be sworn and affirmed before a judge of the High Court or any magistrate or the Registrar or Deputy Registrar of the High Court or any justice of the peace or commissioner for oaths. [ s. 392] Applications Act No. 3 of 2011 s. 24 - 416 Verify source ↗
(1) Every application under this Act shall be made before
AI-assisted research summary: Written applications must be served on the respondent within 30 days; in oral applications, the respondent must reply within the time set by the court.
416.–(1) Every application under this Act shall be made before a court either orally or in written form. (2) An application made in written form shall be by way of a chamber summons supported by affidavit. (3) The applicant shall- (a) in case of written applications, serve the respondent with a copy of application within thirty days from the date the application was filed; 258 ©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] Copies of proceedings (b) in case of oral application, the respondent shall reply to the application within the time as the court may determine. [ s. 392A] - 417 Verify source ↗
Where any person affected by any judgment or order passed
AI-assisted research summary: A person affected by a judgment or order in proceedings under this Act can get a copy on application.
417. Where any person affected by any judgment or order passed in any proceedings under this Act desires to have a copy of the judgment or order or any deposition or other part of the record he shall, on applying for such copy, be furnished therewith; provided, as respects any deposition or part of the record other than the judgment or order, he pays for it unless the court for some special reason thinks fit to furnish it free of cost. [ s. 393] Forms - 418 Verify source ↗
Such forms as the High Court may from time to time
AI-assisted research summary: Forms approved by the High Court may be used, with variations as each case requires.
418. Such forms as the High Court may from time to time approve, with such variations as the circumstances of each may require, may be used for the respective sufficient. [ s. 394] Powers of Minister to make regulations Act No. 1 of 2022 s. 33 - 419 Verify source ↗
(1) The Minister may make regulations for better carrying
AI-assisted research summary: The Minister may make regulations to carry this Act into effect and may include rules on witness expenses, witness protection payments, and payments for assessors, interpreters, or amicus curiae.
419.–(1) The Minister may make regulations for better carrying into effect of the provisions of this Act. (2) Notwithstanding the generality of subsection (1), the regulations made under this Act may provide for- Cap. 446 (a) expenses of any prosecution witness attending before the court for the purposes of an inquiry, trial or other proceedings under this Act; (b) costs and other payments relating to witness protection in accordance with the Whistleblower and Witness Protection Act; (c) allowances and amount payable to any assessor, interpreter or amicus curiae appointed to assist the court in any matter under this Act; and (d) any other matter which is required to be prescribed under this Act. (3) Subject to subsection (2), the Minister shall, in making the said regulations, consult relevant authorities in the justice chain. [ s. 395] 259 ©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] Sexual offender’s indices Act No. 2 of 2010 s. 7 Cap. 16 Repeal Act No. 5 of 1945 Acts Nos. 4 of 2004 Sch.; 11 of 2010 s. 10; 3 of 2011 s. 25; Cap. 16 - 420 Verify source ↗
For the purpose of enforcement of sexual offences
AI-assisted research summary: The Minister may make rules for keeping a computerised DNA database system for enforcing sexual offences under the Penal Code.
420. For the purpose of enforcement of sexual offences prescribed under the Penal Code, the Minister may make rules for keeping computerised DNA database system containing indices of DNA profiles for a crime scene index, missing or unidentified sexual offenders’ index, sexual offenders’ index, suspects’ index, unidentified deceased persons’ index and any other statistical indices which may be necessary within the circumstances. [ s. 395A] - 421 Verify source ↗
[Repeals the Criminal Procedure Code with savings.]
AI-assisted research summary: This provision repeals the Criminal Procedure Code, subject to savings.
421. [Repeals the Criminal Procedure Code with savings.] [ s. 396] FIRST SCHEDULE (Made under sections 2, 167, 168 and 242) PART A OFFENCES UNDER THE PENAL CODE Explanatory Note. - The entries in the second and fourth columns of this Schedule, headed respectively “Offence” and “Punishment under the Penal Code,” are not intended as definitions of the offences and punishments described in the several corresponding sections of the Penal Code or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the first column. 1 2 Section Offence
Part
PART A
- 22 Verify source ↗
Section 22
AI-assisted research summary: A person who aids, abets, counsels, or procures an offence is punished the same way as for that offence.
22 ... aiding, abetting, counselling, or procuring the commission of an offence CHAPTER V. - PARTIES TO OFFENCES 3 4 5 Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) same punishment as for the offence aided, abetted, counselled or procured. Court (in addition to the High Court) by which offence is triable any court by which the offence aided, abetted, counselled, or procured would be triable. Whether a police officer may arrest without warrant or not may arrest without warrant if arrest for the offence aided, abetted, counselled, or procured may be made without warrant but not otherwise. 260 ©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] Division I. - Offences against Public Order CHAPTER VII. - TREASON AND OTHER OFFENCES AGAINST THE REPUBLIC 1 2 Section Offence 3 4 5 Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER VII. - TREASON AND OTHER OFFENCES AGAINST
- 39 Verify source ↗
Section 39
AI-assisted research summary: The text mentions treason and arrest without warrant, but the rule is unclear.
39 ... treason may arrest without warrant. death. - 46 Verify source ↗
Section 46
AI-assisted research summary: This provision lists several treason- and mutiny-related offences and says no arrest may be made without a warrant.
46 ... treasonable felony. misprision of treason. promoting warlike undertaking. inciting to mutiny. do. do. do. do. aiding in acts of mutiny. shall not arrest without warrant. - 47 Verify source ↗
Section 47
AI-assisted research summary: This section lists offences and penalties, including imprisonment terms, fines, and life imprisonment, and also says a subordinate court may arrest without warrant in one listed case.
47 ... inducing desertion. do. do. imprisonment for life. do. do. imprisonment for a term not exceeding for five years or a fine or to both. imprisonment for six months. aiding prisoner of war to escape. may arrest without warrant. imprisonment for life. permitting prisoners of war to escape. shall not arrest without warrant. imprisonment for a term not exceeding five years or a fine or to both. subordinate court. do. do. do. may arrest without warrant. imprisonment for life. subordinate court. do. do. do. imprisonment for seven years. imprisonment for fourteen years. imprisonment for a term not exceeding five years or a fine or to both. do. do. 48(a) (b)... - 60 Verify source ↗
Section 60
AI-assisted research summary: This text lists offences and indicates whether a police officer may arrest without warrant.
60 ... administering or taking oath to commit capital offence. administering or taking other unlawful oaths. 62(1).. unlawful drilling. (2) being unlawfully drilled. 63 B... raising discontent and ill will for unlawful purposes. shall not arrest without warrant. imprisonment for twelve months. 261 ©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] CHAPTER VIII. - OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILLITY 3 4 5 1 2 Section Offence Whether a police officer may arrest without warrant or not.
Part
CHAPTER VIII. - OFFENCES AFFECTING RELATIONS WITH FOREIGN
- 65 Verify source ↗
Section 65
AI-assisted research summary: The provision refers to foreign enlistment and says an arrest cannot be made without a warrant, with punishment under the Penal Code.
65 ... foreign enlistment. shall not arrest without warrant. Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code). imprisonment for a term not exceeding five years or a fine or to both. Court (in addition to the High Court) by which offence is triable. subordinate court. - 66 Verify source ↗
Section 66
AI-assisted research summary: This section appears to allow a police officer to arrest without a warrant in a piracy-related case, and it mentions life imprisonment and the High Court.
66 ... piracy. may arrest without warrant. life imprisonment. High Court. CHAPTER IX. - UNLAWFUL ASSEMBLIES, RIOTS, AND OTHER OFFENCES AGAINST PUBLIC TRANQUILLITY 1 2 Section Offence 3 4 5 Whether a police officer may arrest without warrant or not
Part
CHAPTER IX. - UNLAWFUL ASSEMBLIES, RIOTS, AND OTHER
- 74 Verify source ↗
Section 74
AI-assisted research summary: The provision mentions unlawful assembly and says arrest may be made without a warrant.
74 ... unlawful assembly. may arrest without warrant. - 86 Verify source ↗
Section 86
AI-assisted research summary: Section 86 lists riot- and public-order-related conduct and the associated punishments, including arrest without warrant in some cases.
86 ... rioting after proclamation. obstruction proclamation rioters destroying buildings. rioters injuring buildings riotously interfering with railway, etc. may arrest without warrant. going armed in public. forcible entry. forcible detainer. -do- -do- do. 262 Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) imprisonment for one year. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for five years. imprisonment for five or ten years. imprisonment for life. imprisonment for seven years. imprisonment for a term not exceeding five years or a fine or to both. -do- -do- -do- Court (in addition to the High Court) by which offence is triable subordinate court. -do- -do- -do- -do- subordinate court. -do- -do- -do- ©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] 1 2 - 88 Verify source ↗
Section 88
AI-assisted research summary: This provision lists offences such as challenging to fight a duel, abusive language and brawling, and threatening violence, and it states related imprisonment or fine penalties.
88 ... challenging to fight a duel. shall not arrest without warrant. 4 imprisonment for six months. imprisonment for a term not exceeding five years or a fine or to both. abusive language and brawling. may arrest without warrant. imprisonment for one year. 89(1).. 89(2).. threatening violence. if the offence is committed in the night. - 89C Verify source ↗
Section 89C
AI-assisted research summary: The text includes a prohibition on arresting without a warrant, but it does not specify who is bound by it.
89C ... dissuading persons from assisting with self-help schemes. -do- -do- -do- shall not arrest without warrant. shall not arrest without warrant. - 90 Verify source ↗
Section 90
AI-assisted research summary: This section refers to assembling for the purpose of smuggling and lists imprisonment and fine penalties.
90 ... assembling for purpose of smuggling. do. imprisonment for one year. imprisonment for two years. imprisonment for six months. imprisonment for one year. fine of one hundred thousand shillings or imprisonment for six months or to both. imprisonment for two years. 5 -do- -do- -do- -do- -do- subordinate court. -do- -do- -do- Division II. - Offences against the Administration of Lawful Authority CHAPTER X. - ABUSE OF OFFICE 1 2 Section Offence
Part
CHAPTER X. - ABUSE OF OFFICE
- 94 Verify source ↗
Section 94
AI-assisted research summary: A court (other than the High Court) trying the offence must not arrest without warrant.
94 ... officer discharging duties in respect of property in which he has a special interest 3 4 5 Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable shall not arrest without warrant. imprisonment for one year. subordinate court. - 95 Verify source ↗
Section 95
AI-assisted research summary: Officials who make false claims may be punished by up to five years’ imprisonment, a fine, or both.
95 ... false claims by officials. -do- imprisonment for a term not exceeding five years or a fine or to both. -do- 263 ©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] 1 - 100 Verify source ↗
Section 100
AI-assisted research summary: This table indicates when a police officer may or may not arrest without warrant for listed offences.
100 ... 101 2 abuse of office. abuse of office (if for purposes of gain). false certificates by public officers. unauthorised administration of oaths. false assumption of authority. 3 -do- -do- -do- -do- -do- personating public officers. may arrest without warrant. threat of injury to persons employed in the public service. shall not arrest without warrant. 4 -do- imprisonment for three years imprisonment for a term not exceeding five years or a fine or to both. imprisonment for one year. imprisonment for a term not exceeding five years or a fine or to both. -do- -do- 5 -do- -do- -do- -do- -do- -do- -do- CHAPTER XI. - OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE Section Offence Whether a police officer may arrest without warrant or not
Part
CHAPTER XI. - OFFENCES RELATING TO THE ADMINISTRATION
- 103 Verify source ↗
Section 103
AI-assisted research summary: The text mentions false statements by interpreters and says arrest must not be made without a warrant.
103 ... false statements by interpreters. shall not arrest without warrant. - 104 Verify source ↗
Section 104
AI-assisted research summary: This provision refers to perjury or subornation of perjury.
104 ... perjury or subornation of perjury. - 109 Verify source ↗
Section 109
AI-assisted research summary: This section lists offences involving deceiving witnesses and destroying evidence, and gives punishments including penalties under the Penal Code, seven years’ imprisonment, or up to five years’ imprisonment, a fine, or both.
109 ... deceiving witnesses. destroying evidence. -do- -do- -do- -do- -do- Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) the same punishment as for perjury. imprisonment for seven years. do. imprisonment for a term not exceeding five years or a fine or to both. -do- -do- Court (in addition to the High Court) by which offence is triable subordinate court. -do- -do- -do- -do- -do- 264 ©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] - 113 Verify source ↗
Section 113
AI-assisted research summary: This section lists offences such as conspiracy to defeat justice, interference with witnesses, unlawful compounding of offences, compounding penal actions, advertising for stolen property, and contempt of court.
113 ... conspiracy to defeat justice and interference with witnesses unlawful compounding of offences. compounding penal actions. advertising for stolen property 114(1). contempt of court. -do- -do- -do- -do- -do- 114(2). contempt of court (if committed in view of court) may arrest without warrant. -do- -do- -do- -do- -do- -do- imprisonment for five years. imprisonment for a term not exceeding five years or a fine or to both. do. do. imprisonment for six months or a fine of one hundred thousand shillings. fine of four hundred shillings or in default of payment imprisonment for six months. - 114A Verify source ↗
Section 114A
AI-assisted research summary: Obstructing the service or execution of process is an offence and may lead to arrest without warrant and imprisonment for one year.
114A .. preventing or obstructing service or execution of process. may arrest without warrant imprisonment for one year. subordinate court. CHAPTER XII. - RESCUES, ESCAPES, AND OBSTRUCTING OFFICERS OF COURT OF LAW Section Offence
Part
CHAPTER XII. - RESCUES, ESCAPES, AND OBSTRUCTING OFFICERS
- 115 Verify source ↗
Section 115
AI-assisted research summary: This section links certain rescue situations to penalties and says the court trying the offence may arrest without warrant.
115 ... (a) .. (b) .. Rescue– if person rescued is under sentence of death or imprisonment for life or charged with offence punishable with death or imprisonment for life; if person rescued is imprisoned on a charge or under sentence for any other offence; Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable may arrest without warrant. imprisonment for life. High Court. -do- imprisonment for seven years. subordinate court. 265 ©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) .. in any other case. -do- - 116 Verify source ↗
Section 116
AI-assisted research summary: The excerpt mentions escape and absence from extramural employment, but it does not state a complete rule.
116 ... escape. 116A(1) absence from extramural employment. - 118 Verify source ↗
Section 118
AI-assisted research summary: This section lists offences against public authority and their penalties.
118 ... aiding prisoners to escape. removal etc. of property under lawful seizure. -do- -do- -do- -do- imprisonment for a term not exceeding five years or a fine or to both. do. imprisonment for five years or a fine or both. imprisonment for seven years. imprisonment for three years. -do- -do- -do- -do- -do- CHAPTER XIII. - MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY Section Offence Whether a police officer may arrest without warrant or not
Part
CHAPTER XIII. - MISCELLANEOUS OFFENCES AGAINST
- 120 Verify source ↗
Section 120
AI-assisted research summary: Public officers must not arrest someone without a warrant.
120 ... frauds and breaches of trust by public officers. shall not arrest without warrant - 124 Verify source ↗
Section 124
AI-assisted research summary: This provision lists offences and their punishments, including false information to public servants and disobedience of statutory duty or lawful orders.
124 ... false information to persons employed in the public service. disobedience of statutory duty. disobedience of lawful orders. -do- -do- -do- -do- Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) imprisonment for seven years. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for six months or fine of one hundred thousand shillings. imprisonment for two years. -do- Court (in addition to the High Court) by which offence is triable -do- -do- -do- -do- -do- 266 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. Court (in addition to the High Court) by which offence is triable subordinate court. -do- -do- -do- do. Court (in addition to the High Court) by which offence is triable THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Division III. - Offences Injurious to the Public in General CHAPTER XIV. - OFFENCES RELATING TO RELIGION Section Offence Whether a police officer may arrest without warrant or not
Part
CHAPTER XIV. - OFFENCES RELATING TO RELIGION
- 125 Verify source ↗
Section 125
AI-assisted research summary: The section refers to insult to religion of any class and says someone may arrest without warrant.
125 ... insult to religion of any class. may arrest without warrant. - 129 Verify source ↗
Section 129
AI-assisted research summary: The text lists offences such as disturbing religious assemblies, trespassing on burial places, hindering burial, and uttering words intended to wound religious feelings, with imprisonment or fines as stated penalties.
129 ... disturbing religious assemblies. trespassing on burial places. hindering burial of dead body, etc. uttering words with intent to wound religious feelings. -do- -do- -do- Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) imprisonment for five years or a fine or to both. imprisonment for two years. -do- -do- shall not arrest without warrant. imprisonment for one year. CHAPTER XV. - OFFENCES AGAINST MORALITY Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Section Offence
Part
CHAPTER XV. - OFFENCES AGAINST MORALITY
- 131 Verify source ↗
Section 131
AI-assisted research summary: This section appears to address rape, arrest without warrant by a police officer, and a penalty of imprisonment for life with or without corporal punishment.
131 ... rape. Whether a police officer may arrest without warrant or not may arrest without warrant. imprisonment for life with or without corporal punishment. subordinate court. - 134 Verify source ↗
Section 134
AI-assisted research summary: Section 134 appears to list offence headings, including abduction, abduction of a girl under sixteen, sexual assault on persons, and indecent assault on women.
134 ... 135(1) abduction. abduction of girl under sixteen. sexual assault on persons and indecent assault on women -do- -do- -do- - 137 Verify source ↗
Section 137
AI-assisted research summary: This section lists several sexual offences and associated penalties, including imprisonment terms, fines, corporal punishment options, and references to arrest without warrant and subordinate court.
137 ... defilement of an idiot or imbecile. do. imprisonment for a term of not less than thirty years with or without corporal punishment. imprisonment for seven years imprisonment for a term not exceeding five year or a fine or to both. imprisonment for a period not exceeding five years or a fine not exceeding three hundred thousand shillings. imprisonment for fourteen years with or without corporal punishment -do- -do- -do- -do- do. 267 ©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] -do- imprisonment for ten years. may arrest without warrant. imprisonment for fourteen years. subordinate court. 138(1) (2) ... 138A 138B defilement by husband of wife under eighteen. parent or guardian parting with possession of girl under eighteen in order that she may be carnally known by her husband. acts of gross indecency between persons sexual exploitation of children -do- -do- 138C grave sexual abuse -do- 138D sexual harassment -do- - 139 Verify source ↗
Section 139
AI-assisted research summary: This section mentions procuration for prostitution and says arrest may be made without a warrant.
139 ... procuration for prostitution. may arrest without warrant. - 140 Verify source ↗
Section 140
AI-assisted research summary: The section lists penalties for procuring rape, including imprisonment, corporal punishment, compensation, and in some cases a fine.
140 ... procuring rape -do- -do- -do- -do- -do- -do- -do- imprisonment for a term not less than ten years, corporal punishment and compensation. imprisonment for a term of not less than fifteen years and not exceeding thirty years. imprisonment for a term of not less than twenty years and not exceeding thirty years. imprisonment for a term not exceeding five years or a fine not exceeding two hundred thousand shillings or both fine and imprisonment and compensation. imprisonment for a term of not less than ten years and not exceeding twenty years or to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings. imprisonment for a term of not less than ten years and not exceeding twenty years or to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or to both and compensation. - 142 Verify source ↗
Section 142
AI-assisted research summary: A householder who permits defilement of a girl under fifteen on his premises faces five years’ imprisonment; if the girl is under eighteen, the penalty is imprisonment for up to five years, a fine, or both.
142 ... householder permitting defilement of girl under fifteen on his premises. householder permitting defilement of girl under eighteen on his premises. -do- imprisonment for five years. -do- imprisonment for a term not exceeding five years or a fine or to both. -do- 268 ©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] - 152 Verify source ↗
Section 152
AI-assisted research summary: This provision lists several offences, including brothel-related conduct, prostitution-related conduct, abortion-related conduct, and unnatural offences, with imprisonment penalties.
152 ... detention with unlawful intent or in brothel. male person living on earnings of prostitution or persistently soliciting. woman living on, or aiding prostitution. keeping a brothel. conspiracy to induce unlawful sexual intercourse. attempt to procure abortion. woman attempting to procure her own abortion. supplying drugs or instruments to procure abortion. -do- -do- -do- -do- -do- -do- -do- -do- -do- imprisonment for three years. -do- imprisonment for fourteen years. -do- imprisonment for seven years. -do- -do- -do- -do- -do- -do- -do- -do- imprisonment for three years. -do- 154(1) ... unnatural offences. -do- imprisonment for life and any case imprisonment for a term of not less than thirty years. (2) ... - 157 Verify source ↗
Section 157
AI-assisted research summary: This section lists several sexual offences and gives imprisonment penalties for them.
157 ... 158(1)(a) (1)(b) ... unnatural offence against a child under eighteen years. attempt to commit unnatural offence. indecent assault of boy under fourteen. indecent practices between males. incest by males (if a female is less than eighteen years). incest by males (if a female is eighteen years and above). -do- -do- -do- -do- -do- -do- imprisonment for life. -do- imprisonment for a term not less than twenty years. -do- imprisonment for life. -do- imprisonment for five years. -do- -do- imprisonment for a term of not less than thirty years. subordinate court. imprisonment for term not less than twenty years. -do- - 160 Verify source ↗
Section 160
AI-assisted research summary: This provision lists incest by females as an offence and states a punishment of life imprisonment or at least 30 years’ imprisonment, plus compensation.
160 ... incest by females. -do- imprisonment for life or imprisonment for a term not less than thirty years and compensation. subordinate court. 269 ©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] CHAPTER XVI. - OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XVI. - OFFENCES RELATING TO MARRIAGE AND
- 165 Verify source ↗
Section 165
AI-assisted research summary: Fraudulent pretence of marriage, or dishonestly/fraudulently going through a marriage ceremony, carries imprisonment.
165 ... fraudulent pretence of marriage. may arrest without warrant. imprisonment for ten years. -do- dishonestly or fraudulently going through ceremony of marriage. -do- imprisonment for five years - 166 Verify source ↗
Section 166
AI-assisted research summary: This provision concerns desertion of children and provides for punishment of up to five years’ imprisonment, a fine, or both.
166 ... desertion of children. shall not arrest without warrant. imprisonment for a term not exceeding five years or a fine or to both. -do- subordinate court. -do- -do- -do- - 167 Verify source ↗
Section 167
AI-assisted research summary: This provision concerns neglecting to provide food for children.
167 ... neglecting to provide food, etc., for children. - 168 Verify source ↗
master not
AI-assisted research summary: A master must not fail to provide for servants or apprentices.
168 ... master not providing for servants or apprentices. - 169 Verify source ↗
Section 169
AI-assisted research summary: Child stealing is punishable by imprisonment for seven years.
169... child stealing. -do- -do- -do- may arrest without warrant. imprisonment for seven years. - 169A Verify source ↗
Section 169A
AI-assisted research summary: Cruelty to children is punishable by imprisonment, a fine, and compensation.
169A. cruelty to children. -do- imprisonment for a term of not less than five years and not exceeding fifteen years or to a fine not exceeding one million shillings and compensation. 270 ©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] CHAPTER XVII. - NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE Section Offence
Part
CHAPTER XVII. - NUISANCES AND OFFENCES AGAINST HEALTH AND
- 170 Verify source ↗
Section 170
AI-assisted research summary: This text lists several offences and penalties, including common nuisance, common gaming house offences, pyramid schemes, inducement, fines, and imprisonment.
170 ... committing common nuisance. 171(3). keeping common gaming house. (4) ... being found in common gaming house. Whether a police officer may arrest without warrant or not shall not arrest without warrant. -do- -do- 171A pyramid and other similar schemes. 171B prohibition against inducement. shall not arrest without warrant. shall not arrest without warrant. Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) imprisonment for one year. Court (in addition to the High Court) by which offence is triable subordinate court. imprisonment for a term not exceeding five years or a fine or to both. fine of fifty thousand shillings for first offence, and for each subsequent offence a fine of four hundred shillings or imprisonment for three months or both. fine not exceeding five million shillings or imprisonment for a term not exceeding five years. fine not exceeding five million shillings or imprisonment for a term not exceeding five years. -do- -do- subordinate court. subordinate court. -do- imprisonment for one year. -do- - 175 Verify source ↗
Section 175
AI-assisted research summary: This provision mentions keeping or allowing a common betting house and trafficking in obscene publications.
175 ... keeping or permitting the keeping of a common betting house. trafficking in obscene publications. - 176 Verify source ↗
Section 176
AI-assisted research summary: The text refers to an idle or disorderly person and says someone may arrest without warrant.
176 ... being an idle or disorderly person. may arrest without warrant. -do- - 176A Verify source ↗
Section 176A
AI-assisted research summary: The text mentions harbouring common prostitutes and says arrest must not happen without a warrant.
176A .. harbouring common prostitutes. shall not arrest without warrant. - 177 Verify source ↗
Section 177
AI-assisted research summary: This provision appears to list situations tied to arrest without warrant, including being a rogue or vagabond and adulteration of food or drink intended for sale.
177 ... being a rogue or vagabond. may arrest without warrant. 271 imprisonment for two years or a fine of two hundred thousand shillings. a fine not exceeding one hundred thousand shillings or imprisonment for a period not exceeding three months or to both. fine of fifty thousand shillings for first offence, and of five hundred thousand shillings for subsequent offences. imprisonment for three months for first offence and for each subsequent offence imprisonment for one year. -do- -do- -do- subordinate court. ©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] adulteration of food or drink intended for sale. shall not arrest without warrant. - 177A Verify source ↗
Section 177A
AI-assisted research summary: The text refers to offences involving failing to account for money collected by public subscription and wearing a uniform without authority.
177A ... failure to account for money collected by public subscription. 178(1) wearing uniform without authority. (2) ... (3) ... - 184 Verify source ↗
Section 184
AI-assisted research summary: This section lists prohibited acts involving uniform, infectious disease risk, noxious food or drink, adulterated drugs, and fouling water sources.
184 ... bringing contempt on uniform. importing or selling uniform without authority. doing any act likely to spread infection of dangerous disease. selling, or offering or exposing for sale, noxious food or drink. adulteration of drugs intended for sale. selling adulterated drugs. fouling water of public spring or reservoir. - 185 Verify source ↗
making the
AI-assisted research summary: This provision refers to making the atmosphere noxious to health and carrying on offensive trade.
185 ... making the atmosphere noxious to health. carrying on offensive trade. - 186 Verify source ↗
Section 186
AI-assisted research summary: This section lists penalties for offences, including imprisonment terms, fines, and whether arrest without warrant is allowed or barred in some cases.
186 ... -do- -do- -do- -do- -do- imprisonment for two years for first offence. imprisonment for three years for subsequent offence. imprisonment for one month or to a fine of fifty thousand shillings. imprisonment for three months or to a fine of four hundred shillings. imprisonment for six months or to a fine of two hundred thousand shillings. imprisonment for a term not exceeding five years or a fine or to both. -do- -do- -do- -do- -do- -do- fine not exceeding five million shillings or imprisonment for a term not exceeding five years. -do- subordinate court. -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- may arrest without warrant. shall not arrest without warrant. -do- 272 ©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] Division IV. - Offences against the Person CHAPTER XX. - MURDER AND MANSLAUGHTER Section Offence
Part
CHAPTER XX. - MURDER AND MANSLAUGHTER
- 197 Verify source ↗
murder
AI-assisted research summary: The text appears to discuss whether a police officer may arrest without warrant in a murder matter, with a possible exception involving a convicted woman who is pregnant.
197 ... murder. Whether a police officer may arrest without warrant or not may arrest without warrant. murder (if woman convicted is pregnant). - 199 Verify source ↗
Section 199
AI-assisted research summary: This provision lists infanticide as an offence and says it is punishable under the Penal Code, with death or imprisonment for life.
199 ... infanticide -do- -do- -do- Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable death. imprisonment for life. -do- -do- CHAPTER XXII. - OFFENCES CONNECTED WITH MURDER AND SUICIDE Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXII. - OFFENCES CONNECTED WITH
- 214 Verify source ↗
Section 214
AI-assisted research summary: This section refers to being an accessory after the fact to murder and to sending a written threat to murder.
214 ... being accessory after the fact to murder. sending written threat to murder. - 217 Verify source ↗
Section 217
AI-assisted research summary: This section refers to aiding suicide and attempted suicide.
217 ... aiding suicide. attempted suicide. - 218 Verify source ↗
Section 218
AI-assisted research summary: This section refers to concealing the birth of a child.
218 ... concealing the birth of a child. - 219 Verify source ↗
Section 219
AI-assisted research summary: Section 219 lists the offence of child destruction and shows imprisonment penalties, including seven years, fourteen years, life imprisonment, and in one row a term not exceeding five years or a fine or both.
219 ... child destruction. -do- -do- -do- -do- -do- -do- -do- imprisonment for seven years. -do- subordinate court. imprisonment for fourteen years. imprisonment for life. imprisonment for a term not exceeding five years or a fine or to both. subordinate court. -do- -do- imprisonment for life. 273 ©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] CHAPTER XXIII. - OFFENCES ENDANGERING LIFE OR HEALTH Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXIII. - OFFENCES ENDANGERING LIFE OR HEALTH
- 222 Verify source ↗
Section 222
222 ... disabling in order to commit offence. may arrest without warrant. imprisonment for life. stupefying in order to commit offence. acts intended to cause grievous harm or prevent arrest. -do- -do- imprisonment for life. -do- -do- -do-. imprisonment for a term not exceeding thirty years. imprisonment for life -do- imprisonment for a term not exceeding five years or a fine or to both. subordinate court. imprisonment for seven years. subordinate court. imprisonment for fourteen years. -do- imprisonment for three years. subordinate court. -do- -do- 222A possession of human being parts. may arrest without warrant. - 223 Verify source ↗
Section 223
AI-assisted research summary: The text refers to offences involving preventing escape from a wreck and endangering the safety of railway passengers, including an intentional and a non-intentional form.
223 ... 224(1) preventing escape from wreck. intentionally endangering safety of persons travelling by railway. -do- -do- (2) ... endangering without intent. -do- - 227 Verify source ↗
Section 227
AI-assisted research summary: This section refers to injuring someone with explosive substances or administering poison with intent to harm.
227 ... attempting to injure by explosive substances. administering poison with intent to harm. - 229 Verify source ↗
Section 229
AI-assisted research summary: This section is headed as an offence about failing to provide necessaries of life.
229 ... failing to provide necessaries of life. -do- -do- -do- -do- -do- 274 ©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] CHAPTER XXIV. - CRIMINAL RECKLESSNESS AND NEGLIGENCE Section Offence
Part
CHAPTER XXIV. - CRIMINAL RECKLESSNESS AND NEGLIGENCE
- 233 Verify source ↗
Section 233
AI-assisted research summary: This provision lists punishments for rash and negligent acts and mentions when a police officer may or may not arrest without warrant.
233 ... rash and negligent acts. Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) imprisonment for a term not exceeding five years or a fine or to both. imprisonment for six months. imprisonment for six months or to a fine of two hundred thousand shillings. Court (in addition to the High Court) by which offence is triable subordinate court. -do- -do- imprisonment for seven years. subordinate court. Whether a police officer may arrest without warrant or not may arrest without warrant. -do- may arrest without warrant. -do- other negligent acts causing harm. handling of poisonous substances in negligent manner. shall not arrest without warrant. - 237 Verify source ↗
Section 237
AI-assisted research summary: This provision refers to exhibiting a false light, mark, or buoy.
237 ... exhibiting false light, mark, or buoy. - 239 Verify source ↗
Section 239
AI-assisted research summary: This provision lists certain offences and says a police officer shall not arrest without warrant.
239 ... conveying person by water for hire in unsafe or overloaded vessel. imprisonment for a term not exceeding five years or a fine or to both. causing danger or obstruction in public way or line of navigation. shall not arrest without warrant. fine. -do- -do- Section Offence CHAPTER XXV. - ASSAULTS Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXV. - ASSAULTS
- 240 Verify source ↗
Section 240
AI-assisted research summary: Common assault and assault occasioning actual bodily harm are each tied to imprisonment terms, and both can be arrestable without warrant.
240 ... common assault. shall not arrest without warrant. imprisonment for one year. subordinate court. assault occasioning actual bodily harm. may arrest without warrant. imprisonment for five years. - 242 Verify source ↗
Section 242
AI-assisted research summary: This section concerns assaulting a person who is protecting a wreck.
242 ... assaulting person protecting wreck. - 243 Verify source ↗
Section 243
AI-assisted research summary: This provision lists various assaults and associated imprisonment penalties of seven years and five years.
243 ... various assaults. -do- -do- -do- -do- -do- imprisonment for seven years. imprisonment for five years. 275 ©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] CHAPTER XXVI. - OFFENCES AGAINST LIBERTY Section Offence
Part
CHAPTER XXVI. - OFFENCES AGAINST LIBERTY
- 247 Verify source ↗
Section 247
AI-assisted research summary: A court that can try the offence may arrest without warrant; the punishment stated is seven years’ imprisonment.
247 ... kidnapping. Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable may arrest without warrant. imprisonment for seven years. subordinate court. - 252 Verify source ↗
Section 252
AI-assisted research summary: This section lists several kidnapping and abduction-related offences, including acts done to murder, confine, cause grievous harm or slavery, conceal a kidnapped person, and abduct a child under fourteen to steal from the child.
252 ... kidnapping or abducting in order to murder. kidnapping or abducting with intent to confine a person. kidnapping or abducting in order to subject person to grievous harm, slavery, etc. wrongfully concealing or keeping in confinement a kidnapped or abducted person. kidnapping or abducting child under fourteen with intent to steal from its person. - 253 Verify source ↗
Section 253
AI-assisted research summary: This section refers to punishment for wrongful confinement.
253 ... punishment for wrongful confinement. - 254 Verify source ↗
Section 254
AI-assisted research summary: The provision refers to buying or disposing of any person as a slave.
254 ... buying or disposing of any person as a slave. - 256 Verify source ↗
Section 256
AI-assisted research summary: This section mentions unlawful compulsory labour and several possible criminal penalties, including imprisonment terms and a fine.
256 ... unlawful compulsory labour. imprisonment for ten years. imprisonment for seven years. subordinate court. imprisonment for ten years. same punishment as for kidnapping or abduction. imprisonment for seven years subordinate court imprisonment for one year or to a fine of three hundred thousand shillings. imprisonment for seven years. imprisonment for ten years. imprisonment for a term not exceeding five years or a fine or to both. subordinate court. -do- -do- -do- -do- -do- -do- -do- -do- -do- 276 ©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] Division V. - Offences relating to Property CHAPTER XXVII. - THEFT Section Offence
Part
CHAPTER XXVII. - THEFT
- 270 Verify source ↗
Section 270
AI-assisted research summary: This provision lists theft-related situations, including stealing from a person, in a dwelling-house, in transit, and by persons in the public service.
270 ... stealing from the person, in a dwelling-house, in transit, etc. stealing by persons in the public service. - 271 Verify source ↗
Section 271
AI-assisted research summary: This section concerns stealing by clerks and servants.
271 ... stealing by clerks and servants. - 272 Verify source ↗
Section 272
AI-assisted research summary: This section is about stealing by company directors or officers.
272 ... stealing by directors or officers of companies. - 275 Verify source ↗
Section 275
AI-assisted research summary: This section appears to set a penalty of imprisonment for stealing after a previous conviction.
275 ... stealing after previous conviction. Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable may arrest without warrant. imprisonment for seven years. subordinate court. -do- -do- -do- -do- -do- -do- -do- -do- -do- imprisonment for ten years. imprisonment for fifteen years. imprisonment for ten years. imprisonment for fourteen years. imprisonment for ten years. imprisonment for fourteen years. imprisonment for ten years. imprisonment for seven years. imprisonment for fourteen years. -do- -do- -do- -do- -do- -do- -do- -do- CHAPTER XXVIII. - OFFENCES ALLIED TO STEALING Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXVIII. - OFFENCES ALLIED TO STEALING
- 276 Verify source ↗
Section 276
AI-assisted research summary: The provision mentions concealing registers and says someone may arrest without warrant.
276 ... concealing registers. may arrest without warrant. - 279 Verify source ↗
Section 279
AI-assisted research summary: Killing animals with intent to steal is described as an offence.
279 ... killing animals with intent to steal. - 280 Verify source ↗
Section 280
AI-assisted research summary: This provision sets penalties for severing with intent to steal, including imprisonment terms and punishment matching theft in some cases.
280 ... severing with intent to steal. -do- -do- -do- -do- imprisonment for ten years. do. imprisonment for three years. same punishment as if the animal had been stolen. any court by which the theft of the animal would be triable. same punishment as if the thing had been stolen. any court by which the theft of the thing would be triable. 277 ©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] - 283 Verify source ↗
Section 283
AI-assisted research summary: This section lists fraudulent acts involving mortgaged goods, ore or minerals in mines, and mechanical or electrical power.
283 ... fraudulent disposition of mortgaged goods. fraudulently dealing with ore or minerals in mines. fraudulent appropriation of mechanical or electrical power. -do- -do- -do- - 284 Verify source ↗
Section 284
AI-assisted research summary: This section concerns conversion not amounting to theft.
284 ... conversion not amounting to theft. -do- - 284A Verify source ↗
Section 284A
AI-assisted research summary: This fragment lists punishments for robbery and extortion offences and mentions whether a police officer may arrest without warrant.
284A .. loss occasioned to a specified authority. shall not arrest without warrant. subordinate court. -do- -do- -do- subordinate court. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for five years. a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for five years. imprisonment for six months or to a fine not exceeding one hundred thousand shillings or to both. fine not less than five million shillings or imprisonment for a term not less than three years or to both. CHAPTER XXIX. - ROBBERY AND EXTORTION Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code)
Part
CHAPTER XXIX. - ROBBERY AND EXTORTION
- 286 Verify source ↗
Section 286
AI-assisted research summary: The provision refers to robbery, says it may be arrested without warrant, and states a punishment of imprisonment for fifteen years.
286 ... robbery. may arrest without warrant. imprisonment for fifteen years. - 287 Verify source ↗
Section 287
AI-assisted research summary: This provision lists robbery-related offences and their prison penalties, and says the offence is triable by subordinate court in addition to the High Court.
287 ... attempted robbery. -do- 287A… armed robbery 287B… attempted armed robbery 287C… gang robbery -do- -do- -do- imprisonment for a term of not less than seven years and not exceeding twenty years with corporal punishment. imprisonment for a minimum term of thirty years with or without corporal punishments. imprisonment for a minimum term of fifteen years with or without corporal punishments imprisonment for a term of not less than thirty years with or without corporal punishments 278 Court (in addition to the High Court) by which offence is triable subordinate court. -do- -do- -do- -do- ©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 ↗
Section 292
AI-assisted research summary: This section lists offences involving threats, extortion-style demands, document coercion, and demanding property with menace, and sets imprisonment penalties for them.
292 ... demanding property by written threats. threatening with intent to extort. in certain specified cases and in any other case. procuring execution of deeds etc. by threats. demanding property with menace with intent to steal. -do- -do- -do- -do- -do- imprisonment for not less than five years but not more than fourteen years with corporal punishments. imprisonment for fourteen years. -do- imprisonment for three years. imprisonment for fourteen years. -do- imprisonment for five years. -do- -do- -do- subordinate court. -do- subordinate court. CHAPTER XXX. - BURGLARY, HOUSEBREAKINGS, AND SIMILAR OFFENCES Section Offence 294 (1) housebreaking. (2) burglary.
Part
CHAPTER XXX. - BURGLARY, HOUSEBREAKINGS,
- 298 Verify source ↗
Section 298
AI-assisted research summary: This provision lists several burglary-related offences and their prison terms, and notes that a police officer may arrest without warrant.
298 ... entering dwelling-house with intent to commit offence. if offence is committed in the night. breaking into building and committing an offence. breaking into building with intent to commit an offence. being found armed, etc., with intent to commit an offence. Whether a police officer may arrest without warrant or not may arrest without warrant. Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) imprisonment for fourteen years. Court (in addition to the High Court) by which offence is triable subordinate court. imprisonment for twenty years. imprisonment for ten years. imprisonment for fourteen years. imprisonment for ten years. imprisonment for fourteen years. imprisonment for five years. -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- 279 ©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] - 298 Verify source ↗
Section 298
AI-assisted research summary: This provision refers to an offender who has previously been convicted of an offence relating to property.
298 ... if offender has been previously convicted of an offence relating to property. - 299 Verify source ↗
Section 299
AI-assisted research summary: A person who obtains property by false pretence may be imprisoned for seven years, and a police officer may arrest without warrant.
299 ... if the property upon which offence is committed is a building used as human dwelling or as a place of worship or as a place for custody of property. -do- -do- -do- imprisonment for fourteen years. imprisonment for three months. imprisonment for one year. -do- -do- -do- CHAPTER XXXI. - FALSE PRETENCES Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable obtaining property by false pretence. may arrest without warrant. imprisonment for seven years. subordinate court.
Part
CHAPTER XXXI. - FALSE PRETENCES
- 303 Verify source ↗
Section 303
AI-assisted research summary: This provision fragment refers to obtaining execution of a security by false pretence.
303 ... obtaining execution of a security by false pretence. - 309 Verify source ↗
Section 309
AI-assisted research summary: This section lists several offences and their penalties, including false pretence, conspiracy to defraud, fraud on sale or mortgage of property, pretending to tell fortunes, and obtaining registration by false pretence.
309 ... obtaining credit, etc., by false pretence. conspiracy to defraud. frauds on sale or mortgage of property. pretending to tell fortunes. obtaining registration, etc., by false pretence. -do- -do- -do- -do- -do- -do- -do- imprisonment for three years. imprisonment for five years. -do- -do- imprisonment for five years. subordinate court. imprisonment for five years. imprisonment for a term not exceeding five years or a fine or to both. -do- -do- -do- imprisonment for two years. -do- - 310 Verify source ↗
Section 310
AI-assisted research summary: The text mentions false declaration for a passport, says arrest must not be made without a warrant, and sets a fine or imprisonment penalty.
310 ... false declaration for passport. shall not arrest without warrant. a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for term of not less than two years but not exceeding five years or to both. 280 ©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] CHAPTER XXXII. - RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES Section Offence
Part
CHAPTER XXXII. - RECEIVING PROPERTY STOLEN OR UNLAWFULLY
- 312 Verify source ↗
Section 312
AI-assisted research summary: This section lists offences involving stolen or unlawfully obtained property and gives imprisonment penalties for them.
312 ... receiving or retaining property stolen or unlawfully obtained. failing to account for possession of property suspected to be stolen or unlawfully obtained. Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable may arrest without warrant. imprisonment for ten years. subordinate court. -do- imprisonment for a term not exceeding three years. subordinate court. 312A(2) unlawful possession of -do- government and railway stores. (3) ... - 313 Verify source ↗
Section 313
AI-assisted research summary: This provision lists offences including unlawful possession of service stores and receiving goods stolen outside Tanzania, with imprisonment or a fine as penalties.
313 ... unlawful possession of service stores. receiving goods stolen outside tanzania. -do- -do- imprisonment for a term not exceeding five years or a fine or to both. -do- imprisonment for seven years. -do- -do- -do- CHAPTER XXXIII. - FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXXIII. - FRAUDS BY TRUSTEES AND PERSONS IN
- 318 Verify source ↗
Section 318
AI-assisted research summary: This section lists fraud-related offences and their prison terms, including offences by corporate directors, officers, clerks, servants, and public officers.
318 ... fraudulently disposing of trust property. may arrest without warrant. imprisonment for seven years. subordinate court. directors and officers of corporations fraudulently appropriating property, or keeping fraudulent accounts, or falsifying books or accounts. false statements by officials of corporations. fraudulent false accounting by clerk or servant. false accounting by public officer. -do- imprisonment for fourteen years. -do- imprisonment for seven years. imprisonment for fourteen years. imprisonment for seven years. -do- -do- -do- -do- -do- -do- 281 ©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] Division VI. - Malicious Injury to Property CHAPTER XXXV. - OFFENCES CAUSING INJURY TO PROPERTY Section Offence
Part
CHAPTER XXXV. - OFFENCES CAUSING INJURY TO PROPERTY
- 321 Verify source ↗
Section 321
AI-assisted research summary: This section refers to setting fire to crops or growing plants.
321 ... setting fire to crops or growing plants. - 322 Verify source ↗
Section 322
AI-assisted research summary: This provision refers to attempting to set fire to crops or growing plants.
322 ... attempting to set fire to crops or growing plants. - 325 Verify source ↗
Section 325
AI-assisted research summary: This text lists offences such as injuring animals and destroying or damaging various kinds of property, together with different penalties.
325 ... injuring animals. 326(1) (2) ... (3) 3(c) (4) ... (5) ... destroying or damaging property in general. destroying or damaging dwelling house or a vessel with explosives destroying or damaging river bank or wall or navigation works, or bridges. destroying or damaging Tanzania-Zambia pipeline or property thereof. destroying or damaging wills or registers. destroying or damaging wrecks. Whether a police officer may arrest without warrant or not may arrest without warrant. Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable imprisonment for thirty years. subordinate court. -do- -do- -do- -do- -do- -do- -do- -do- -do- imprisonment for fourteen years. a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. imprisonment for seven years. subordinate court. imprisonment for fourteen years. imprisonment for seven years. subordinate court. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for seven years. -do- -do- -do- imprisonment for life. -do- imprisonment for life. -do- imprisonment for fourteen years. imprisonment for seven years. subordinate court subordinate court. -do- -do- -do- -do- 282 ©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] imprisonment for fourteen years. imprisonment for a term of not less than twenty years but shall not exceed thirty years. imprisonment for a term of not less than fifteen years but shall not exceed twenty years. imprisonment for fourteen years if offence likely to result in danger to human life, otherwise imprisonment for seven years. imprisonment for seven years. -do- imprisonment for fourteen years. imprisonment for seven years. -do- -do- -do- subordinate court. -do- -do- -do- -do- imprisonment for three years. subordinate court subordinate court. a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. (6) ... (6A) (a)… (6A) (b)… (7) ... (8) ... (9) ... - 329 Verify source ↗
Section 329
AI-assisted research summary: This section lists several offences, including damaging railways, necessary-service property, electricity supply property, deeds or records, using explosives to damage property, spreading infectious disease to animals, and removing boundary marks with intent to defraud.
329 ... destroying or damaging railways. destroying property used in necessary service resulting in danger to human life destroying property used in necessary service in circumstance which do not result in danger to human life -do- -do- -do- destroying or damaging property used for supply of electricity. may arrest without warrant. destroying or damaging property of special value. destroying or damaging deeds or records. attempt to destroy or damage property by use of explosives. communicating infectious disease to animals. removing boundary marks with intent to defraud. -do- -do- -do- -do- -do- -do- - 331 Verify source ↗
Section 331
AI-assisted research summary: This provision refers to injuring or obstructing railway works.
331 ... injuring or obstructing railway works, etc. - 332 Verify source ↗
Section 332
332 ... threatening to burn any building, etc. or to kill or wound any cattle. - 332A Verify source ↗
defacing bank notes
AI-assisted research summary: This provision lists offences and punishments relating to defacing bank notes and kite flying offences.
332A .. defacing bank notes. 332B kite flying offences. -do- imprisonment for seven years. subordinate court. fine of five hundred thousand shillings for each note defaced or in default to imprisonment for a term of one year. subordinate court. imprisonment for a term not exceeding ten years. subordinate court. shall not arrest without warrant. shall not arrest without warrant. 283 ©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] Division VII. - Forgery, Coining, Counterfeiting and Similar Offences CHAPTER XXXVII. - PUNISHMENTS FOR FORGERY Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXXVII. - PUNISHMENTS FOR FORGERY
- 337 Verify source ↗
Section 337
AI-assisted research summary: Forgery is addressed here only for cases where no special punishment is provided.
337 ... forgery (where no special punishment is provided). - 338 Verify source ↗
Section 338
AI-assisted research summary: This provision lists documents and instruments covered by forgery, including wills, land title documents, judicial records, bank notes, powers of attorney, securities, insurance policies, and cheques.
338 ... forgery of a will, document of title to land, judicial record, bank notes, power of attorney, security, policy of insurance, cheque, etc. - 339 Verify source ↗
Section 339
AI-assisted research summary: Section 339 concerns forgery of a judicial or official document.
339 ... forgery of judicial or official document. - 341 Verify source ↗
making or having in possession
AI-assisted research summary: Section 341 concerns making or possessing paper or implements for forgery of currency bank notes.
341 ... making or having in possession paper or implements for forgery of currency bank notes, etc. - 345 Verify source ↗
Section 345
AI-assisted research summary: This section lists offences involving a cancelled or exhausted document, getting a document executed by false pretence, and obliterating or altering the crossing on a cheque.
345 ... uttering cancelled or exhausted document. procuring execution of document by false pretence. obliterating or altering the crossing on a cheque. - 346 Verify source ↗
making or executing document
AI-assisted research summary: Making or executing a document without authority is addressed here.
346 ... making or executing document without authority. - 347 Verify source ↗
Section 347
AI-assisted research summary: This section refers to demanding property on a forged testamentary instrument.
347 ... demanding property upon forged testamentary instrument. - 351 Verify source ↗
Section 351
AI-assisted research summary: The provision lists several offences and their punishments, including imprisonment terms and a statement that some offences are punishable by the same punishment as forgery-related offences.
351 ... purchasing or receiving forged bank note. falsifying warrant for money payable under public authority. permitting falsification of register or record. sending false certificate of marriage to registrar. may arrest without warrant. -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- -do- 284 imprisonment for seven years. subordinate court. imprisonment for life. imprisonment for seven years. do. imprisonment for seven years. -do- -do- -do- -do- same punishment as for forgery of document. any court by which forgery of document would be triable. -do- -do- imprisonment for seven years. -do- -do- -do- -do- -do- same punishment as for forgery of instrument. any court by which forgery of instrument would be triable. imprisonment for seven years. subordinate court. -do- -do- -do- -do- -do- -do- ©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] - 352 Verify source ↗
making false statement for
AI-assisted research summary: This provision concerns making a false statement for entry in the births, deaths, or marriages register.
352 ... making false statement for insertion in register of births, deaths, or marriages. - 352A Verify source ↗
wrongful issue of notes
AI-assisted research summary: Section 352A concerns the wrongful issue of notes and lists imprisonment penalties of three years and up to five years in a subordinate court.
352A .. wrongful issue of notes. -do- -do- imprisonment for three years. subordinate court. imprisonment for a term not exceeding five years. subordinate court. CHAPTER XXXVIII. - OFFENCES RELATING TO COIN Section Offence Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXXVIII. - OFFENCES RELATING TO COIN
- 354 Verify source ↗
Section 354
AI-assisted research summary: Counterfeiting coin is associated with arrest without warrant and imprisonment for life.
354 ... counterfeiting coin. may arrest imprisonment for life. without warrant. - 355 Verify source ↗
making preparations
AI-assisted research summary: This provision concerns making preparations for coining.
355 ... making preparations for coining. - 363 Verify source ↗
Section 363
AI-assisted research summary: This section lists counterfeit-coin offences and their punishments, including imprisonment terms and, in one case, a fine or both.
363 ... being in possession of clippings. uttering counterfeit coin. repeated uttering of counterfeit coin. uttering piece of metal as coin. exporting counterfeit coin. -do- -do- -do- -do- -do- -do- -do- -do- imprisonment for seven years. subordinate court do. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for three years. imprisonment for one year. imprisonment for a term not exceeding five years or a fine or to both. -do- -do- -do- -do- -do- CHAPTER XXXIX. - COUNTERFEIT STAMPS Section Offence Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Whether a police officer may arrest without warrant or not Court (in addition to the High Court) by which offence is triable
Part
CHAPTER XXXIX. - COUNTERFEIT STAMPS
- 366 Verify source ↗
Section 366
AI-assisted research summary: Possessing dies or paper used to make revenue stamps or postage stamps is punishable, and the text also says arrest without warrant may be allowed.
366 ... being in possession, etc., of die or paper used for purpose of making revenue stamps. may arrest without warrant. imprisonment for seven years. subordinate court. being in possession, etc., of die or paper used for postage stamps. -do- imprisonment for one year or to a fine of one hundred thousand shillings. -do- 285 ©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] CHAPTER XLI. - PERSONATION Section Offence 369(1) personation in general. (2) if 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 such property.
Part
CHAPTER XLI. - PERSONATION
- 370 Verify source ↗
Section 370
AI-assisted research summary: This provision appears to deal with falsely acknowledging deeds, recognisances, and similar documents.
370 ... falsely acknowledging deeds, recognisances, etc. - 371 Verify source ↗
Section 371
AI-assisted research summary: This provision concerns personating a person named in a certificate.
371 ... personation of a person named in a certificate. - 372 Verify source ↗
Section 372
AI-assisted research summary: References a certificate connected with personation and lending.
372 ... lending etc. certificate for purposes of personation. - 374 Verify source ↗
Section 374
AI-assisted research summary: This provision lists offences involving personating someone named in a testimonial of character or lending such a testimonial for personation, with penalties that include imprisonment up to five years or a fine, or both.
374 ... personation of person named in a testimonial of character. lending, etc., testimonial of character for purposes of personation. Whether a police officer may arrest without warrant or not may arrest without warrant. -do- Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) imprisonment for a term not exceeding five years or a fine or to both. Court (in addition to the High Court) by which offence is triable subordinate court. imprisonment for seven years. subordinate court. -do- -do- -do- -do- -do- imprisonment for a term not exceeding five years or a fine or to both. same punishment as for forgery of certificate. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for one year. imprisonment for a term not exceeding five years or a fine or to both. subordinate court. any court by which forgery of certificate would be triable. subordinate court. -do- -do- 286 ©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] Division IX. - Attempts and Conspiracies to commit Crimes and Accessories after the Fact CHAPTER XLIII. - ATTEMPTS Section Offence
Part
CHAPTER XLIII. - ATTEMPTS
- 383 Verify source ↗
Section 383
AI-assisted research summary: This section lists offences involving attempting serious crimes or neglecting to prevent an offence, and gives different penalties depending on whether the police may arrest without a warrant.
383 .. attempt to commit an offence punishable with death or imprisonment for fourteen years or more. neglecting to prevent commission or completion of an offence. Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code) Court (in addition to the High Court) by which offence is triable according as to whether or not the offence is one for which the police may arrest without a warrant. imprisonment for two years or a fine or to both. any court by which the offence attempted would be triable. may arrest without warrant. imprisonment for seven years. shall not arrest without warrant. imprisonment for a term not exceeding five years or a fine or to both. Section Offence CHAPTER XLIV. - CONSPIRACIES Whether a police officer may arrest without warrant or not Punishment under the Penal Code, (N.B. Vide. also sections 27 and 35, Penal Code)
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