The Criminal Procedure Act

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.

A person sentenced to death is to die by hanging.

If an accused person is sentenced to death, the court must tell him the period for filing an appeal.

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.

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.

If a court thinks the charge is proved, it may discharge the offender with an admonition or conditionally on a bond.

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.

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.

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.

The court may suspend jail time, require a bond, allow instalments, or enforce imprisonment if a fine or money payment is not made.

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.

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.

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.

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.

A judge or magistrate who passed a sentence, or that officer’s successor, may issue the warrant to execute the sentence.

A commitment for non-payment cannot last more than six months unless the law for the conviction allows a longer period.

A court may release a convicted person on probation instead of sentencing immediately, subject to a bond and conditions, for up to three years.

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.

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.

A court may replace prison with community service for certain convicted offenders if the case meets the stated conditions.

Sections 356, 357 and 358 do not apply in Mainland Tanzania where the Probation of Offenders Act applies.

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.

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.

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.

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.

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.

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.

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.

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.

If a court convicts someone of a sexual offence, it must also order the convict to pay compensation set by the court.

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.

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.

A court may forfeit, confiscate, destroy, deliver, keep, or sell property linked to an offence, subject to appeal rules and other written law.

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.

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.

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.

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.

A public officer involved in selling property under the Act must not directly or indirectly buy or bid for that property.

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.

Courts can order stolen property restored to the owner and can make restitution orders, subject to listed exceptions and appeal-related suspension.

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.

This section limits when appeals are allowed from certain criminal cases and sentences.

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.

An appeal must be filed as a written petition, usually with a copy of the challenged proceedings, judgment, or order attached.

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.

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.

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.

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.

If the High Court decides an appeal, it must certify its judgment or order to the court that made the original decision.

After an appeal is entered, the court may release an imprisoned appellant on bail or suspend the sentence/order while the appeal is heard.

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.

Appeals from subordinate courts are normally heard by one High Court judge, unless the Chief Justice directs that more judges hear the appeal.

An appeal may be withdrawn before hearing by written notice to the Registrar signed by the appellant or the appellant’s advocate.

An appeal from a subordinate court abates when the appellant dies, except an appeal from a sentence of fine.

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.

The High Court may revise subordinate-court proceedings, change certain orders, enhance sentences on conviction, and in some cases turn acquittals into convictions.

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.

The High Court’s revisional proceedings may be heard, and its judgment or order may be made by one judge.

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.

This section defines “Director of Public Prosecutions” and “respondent” for the following section, unless the context requires otherwise.

The Director of Public Prosecutions may appeal certain subordinate court decisions to the High Court, and such appeals may cover both facts and law.

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.

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.

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.

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.

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.

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.

Section 391 applies to appeals under section 400.

The Director of Public Prosecutions may withdraw an appeal before the hearing by written notice to the Registrar.

An appeal under section 400 ends if the respondent dies.

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.

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.

The High Court may issue writs when acting within its criminal jurisdiction.

Affidavits and affirmations for use before the High Court may be sworn or affirmed before specified judicial and oath-taking কর্মকর্তers.

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.

A person affected by a judgment or order in proceedings under this Act can get a copy on application.

Forms approved by the High Court may be used, with variations as each case requires.

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.

The Minister may make rules for keeping a computerised DNA database system for enforcing sexual offences under the Penal Code.

This provision repeals the Criminal Procedure Code, subject to savings.

A person who aids, abets, counsels, or procures an offence is punished the same way as for that offence.

The text mentions treason and arrest without warrant, but the rule is unclear.

This provision lists several treason- and mutiny-related offences and says no arrest may be made without a warrant.

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.

This text lists offences and indicates whether a police officer may arrest without warrant.

The provision refers to foreign enlistment and says an arrest cannot be made without a warrant, with punishment under the Penal Code.

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.

The provision mentions unlawful assembly and says arrest may be made without a warrant.

Section 86 lists riot- and public-order-related conduct and the associated punishments, including arrest without warrant in some cases.

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.

The text includes a prohibition on arresting without a warrant, but it does not specify who is bound by it.

This section refers to assembling for the purpose of smuggling and lists imprisonment and fine penalties.

A court (other than the High Court) trying the offence must not arrest without warrant.

Officials who make false claims may be punished by up to five years’ imprisonment, a fine, or both.

This table indicates when a police officer may or may not arrest without warrant for listed offences.

The text mentions false statements by interpreters and says arrest must not be made without a warrant.

This provision refers to perjury or subornation of perjury.

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.

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.

Obstructing the service or execution of process is an offence and may lead to arrest without warrant and imprisonment for one year.

This section links certain rescue situations to penalties and says the court trying the offence may arrest without warrant.

The excerpt mentions escape and absence from extramural employment, but it does not state a complete rule.

This section lists offences against public authority and their penalties.

Public officers must not arrest someone without a warrant.

This provision lists offences and their punishments, including false information to public servants and disobedience of statutory duty or lawful orders.

The section refers to insult to religion of any class and says someone may arrest without warrant.

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.

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.

Section 134 appears to list offence headings, including abduction, abduction of a girl under sixteen, sexual assault on persons, and indecent assault on women.

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.

This section mentions procuration for prostitution and says arrest may be made without a warrant.

The section lists penalties for procuring rape, including imprisonment, corporal punishment, compensation, and in some cases a fine.

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.

This provision lists several offences, including brothel-related conduct, prostitution-related conduct, abortion-related conduct, and unnatural offences, with imprisonment penalties.

This section lists several sexual offences and gives imprisonment penalties for them.

This provision lists incest by females as an offence and states a punishment of life imprisonment or at least 30 years’ imprisonment, plus compensation.

Fraudulent pretence of marriage, or dishonestly/fraudulently going through a marriage ceremony, carries imprisonment.

This provision concerns desertion of children and provides for punishment of up to five years’ imprisonment, a fine, or both.

This provision concerns neglecting to provide food for children.

A master must not fail to provide for servants or apprentices.

Child stealing is punishable by imprisonment for seven years.

Cruelty to children is punishable by imprisonment, a fine, and compensation.

This text lists several offences and penalties, including common nuisance, common gaming house offences, pyramid schemes, inducement, fines, and imprisonment.

This provision mentions keeping or allowing a common betting house and trafficking in obscene publications.

The text refers to an idle or disorderly person and says someone may arrest without warrant.

The text mentions harbouring common prostitutes and says arrest must not happen without a warrant.

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.

The text refers to offences involving failing to account for money collected by public subscription and wearing a uniform without authority.

This section lists prohibited acts involving uniform, infectious disease risk, noxious food or drink, adulterated drugs, and fouling water sources.

This provision refers to making the atmosphere noxious to health and carrying on offensive trade.

This section lists penalties for offences, including imprisonment terms, fines, and whether arrest without warrant is allowed or barred in some cases.

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.

This provision lists infanticide as an offence and says it is punishable under the Penal Code, with death or imprisonment for life.

This section refers to being an accessory after the fact to murder and to sending a written threat to murder.

This section refers to aiding suicide and attempted suicide.

This section refers to concealing the birth of a child.

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.

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.

This section refers to injuring someone with explosive substances or administering poison with intent to harm.

This section is headed as an offence about failing to provide necessaries of life.

This provision lists punishments for rash and negligent acts and mentions when a police officer may or may not arrest without warrant.

This provision refers to exhibiting a false light, mark, or buoy.

This provision lists certain offences and says a police officer shall not arrest without warrant.

Common assault and assault occasioning actual bodily harm are each tied to imprisonment terms, and both can be arrestable without warrant.

This section concerns assaulting a person who is protecting a wreck.

This provision lists various assaults and associated imprisonment penalties of seven years and five years.

A court that can try the offence may arrest without warrant; the punishment stated is seven years’ imprisonment.

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.

This section refers to punishment for wrongful confinement.

The provision refers to buying or disposing of any person as a slave.

This section mentions unlawful compulsory labour and several possible criminal penalties, including imprisonment terms and a fine.

This provision lists theft-related situations, including stealing from a person, in a dwelling-house, in transit, and by persons in the public service.

This section concerns stealing by clerks and servants.

This section is about stealing by company directors or officers.

This section appears to set a penalty of imprisonment for stealing after a previous conviction.

The provision mentions concealing registers and says someone may arrest without warrant.

Killing animals with intent to steal is described as an offence.

This provision sets penalties for severing with intent to steal, including imprisonment terms and punishment matching theft in some cases.

This section lists fraudulent acts involving mortgaged goods, ore or minerals in mines, and mechanical or electrical power.

This section concerns conversion not amounting to theft.

This fragment lists punishments for robbery and extortion offences and mentions whether a police officer may arrest without warrant.

The provision refers to robbery, says it may be arrested without warrant, and states a punishment of imprisonment for fifteen years.

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.

This section lists offences involving threats, extortion-style demands, document coercion, and demanding property with menace, and sets imprisonment penalties for them.

This provision lists several burglary-related offences and their prison terms, and notes that a police officer may arrest without warrant.

This provision refers to an offender who has previously been convicted of an offence relating to property.

A person who obtains property by false pretence may be imprisoned for seven years, and a police officer may arrest without warrant.

This provision fragment refers to obtaining execution of a security by false pretence.

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.

The text mentions false declaration for a passport, says arrest must not be made without a warrant, and sets a fine or imprisonment penalty.

This section lists offences involving stolen or unlawfully obtained property and gives imprisonment penalties for them.

This provision lists offences including unlawful possession of service stores and receiving goods stolen outside Tanzania, with imprisonment or a fine as penalties.

This section lists fraud-related offences and their prison terms, including offences by corporate directors, officers, clerks, servants, and public officers.

This section refers to setting fire to crops or growing plants.

This provision refers to attempting to set fire to crops or growing plants.

This text lists offences such as injuring animals and destroying or damaging various kinds of property, together with different penalties.

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.

This provision refers to injuring or obstructing railway works.

This provision lists offences and punishments relating to defacing bank notes and kite flying offences.

Forgery is addressed here only for cases where no special punishment is provided.

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.

Section 339 concerns forgery of a judicial or official document.

Section 341 concerns making or possessing paper or implements for forgery of currency bank notes.

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.

Making or executing a document without authority is addressed here.

This section refers to demanding property on a forged testamentary instrument.

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.

This provision concerns making a false statement for entry in the births, deaths, or marriages register.

Section 352A concerns the wrongful issue of notes and lists imprisonment penalties of three years and up to five years in a subordinate court.

Counterfeiting coin is associated with arrest without warrant and imprisonment for life.

This provision concerns making preparations for coining.

This section lists counterfeit-coin offences and their punishments, including imprisonment terms and, in one case, a fine or both.

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.

This provision appears to deal with falsely acknowledging deeds, recognisances, and similar documents.

This provision concerns personating a person named in a certificate.

References a certificate connected with personation and lending.

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.

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.