The Criminal Procedure Act

384 ... conspiracy to commit an offence. may arrest without warrant. imprisonment for seven years.

385 ... conspiracy to commit an offence.

386 ... conspiracy to effect certain specified purposes. according as to whether or not the offence is one for which the police may arrest without warrant. shall not arrest without warrant. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for a term not exceeding five years or a fine or to both. 287 any court by which the offence attempted would be triable. subordinate court. Court (in addition to the High Court) by which offence is triable any court by which the offence would be triable. any court by which the offence would be triable. 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] CHAPTER XLV. - ACCESSORIES AFTER THE FACT 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) being an accessory after the fact to an offence. may arrest without warrant. imprisonment for seven years. Court (in addition to the High Court) by which offence is triable subordinate court. being an accessory after the fact to an offence. shall not arrest without warrant. soliciting or inciting the commission of an offence. may arrest without warrant. imprisonment for a term not exceeding five years or a fine or to both. imprisonment for a term not exceeding five years or a fine or to both. -do- -do-

390 ... Act No. 13 of 1972 s. 9 Section Offence PART B. - OFFENCES UNDER LAWS OTHER THAN THE PENAL CODE 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 if punishable with death or imprisonment for more than fifteen years. may arrest without warrant. if punishable with imprisonment of two years or more, but not more than 15 years. if punishable with imprisonment of less than two years or with fine only. may not arrest without warrant unless the written law creating the offence specifically provides otherwise. - - - subordinate court. subordinate court. 288 ©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] SECOND SCHEDULE FORMS OF STATING OFFENCES IN INFORMATION (Made under section 138) Murder, contrary to section 196 of the Penal Code.

1. - MURDER PARTICULARS OF OFFENCE A.B. on the ...... day of ......................... in the region of ......................, did murder J.S.

2. - ACCESSORY AFTER THE FACT TO MURDER Accessory after the fact to murder, contrary to section 213 of the Penal Code. PARTICULARS OF OFFENCE A.B., knowing that one H.C., on the ............. day of ....................... 20........ in the .............. region, did murder C.C., on ............ the .......... in the ................... region and on other days thereafter, did receive or assist the said H.C. in order to enable him to escape punishment.

3. - MANSLAUGHTER Manslaughter, contrary to section 195 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ....... day of .............. in the region of ……….., did unlawfully cause the death of J.S. Rape, contrary to section 130 of the Penal Code.

4. - RAPE PARTICULARS OF OFFENCE A.B., on the ........ day of ............. in the region of ................. had carnal knowledge of E.F., without her consent. 289 ©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]

5. - WOUNDING First Count. - Wounding with intent, contrary to section 222 of the Penal Code. A.B., on the ....... day of ............. in the region of ............... wounded C.D., with intent to maim, disfigure or disable, or to do some grievous harm, or to resist the lawful arrest of him the said A.B. Second Count. - Wounding, contrary to section 228 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ........ day of ............. in the region of ................. unlawfully wounded C.D. First Count. - Stealing, contrary to section 265 of the Penal Code.

6. - THEFT PARTICULARS OF OFFENCE A.B., on the ......... day of ................ in the region of .................. stole a bag. Second Count. - Receiving stolen goods, contrary to section 311 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ......... day of .......... in the region of ................ did receive bag knowing the same to have been stolen.

7. - THEFT BY CLERK Stealing, by clerk and servants, contrary to sections 265 and 271 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ......... day of............. in the region of .............. being clerk or servant to M.N., stole from the said M.N. 10 yards of cloth. Robbery, contrary to section 286 of the Penal Code.

8. - ROBBERY 290 ©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] PARTICULARS OF OFFENCE A.B., on the ....... day of ............... in the region of .................... stole a watch and at or immediately before or immediately after the time of such stealing did use or threaten to use actual violence to C.D in order to obtain or to retain the watch.

9. - BURGLARY Burglary, contrary to section 294, and stealing, contrary to section 269 of the Penal Code. PARTICULARS OF OFFENCE A.B., in the night of ......... day of ............ in the region of .................. did break and enter the dwelling house of C.D., with intent to steal therein, and did steal therein one watch, the property of S.T., the said watch being of the value of two hundred shillings.

10. - THREATS Demanding property by written threats, contrary to section 289 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ......... day of .............. in the region of ................ with intent to extort money from C.D., caused the said C.D. to receive a letter containing threats of injury or detriment to be caused to E.F.

11. - ATTEMPTS TO EXTORT Attempt to extort by threats, contrary to section 290 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ...... day of ............... in the region of ............... with intent to extort money from C.D., accused or threatened to accuse the said C.D. of an unnatural offence.

12. - FALSE PRETENCES Obtaining goods by false pretences, contrary to section 302 of the Penal Code. 291 ©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] PARTICULARS OF OFFENCE A.B., on the ......... day of ............... in the region of .................. with intent to defraud, obtained from S.P. 5 metres of cloth by falsely pretending that the said A.B. was a servant to J.S. and that he, the said A.B., had then been sent by the said J.S. to S.P., for the said cloth, and that he, the said A.B. was then authorised by the said J.S. to receive the said cloth on behalf of the said J.S.

13. - CONSPIRACY TO DEFRAUD Conspiracy to defraud, contrary to section 306 of the Penal Code. PARTICULARS OF OFFENCE A.B., and C.D. on the ........ day of ........ and on divers days between that day and the day of .......... in the region of ................ conspired together with intent to defraud by means of an advertisement inserted by them, the said A.B. and C.D., in the H.S. newspaper, falsely representing that A.B. and C.D. were then carrying on a genuine business as jewellers at ............... in the region and that they were then able to supply certain articles of jewellery to whomsoever would remit to them the sum of forty shillings. Arson, contrary to section 319 of the Penal Code.

14. - ARSON PARTICULARS OF OFFENCE A.B., on the .......... day of ............ in the region of ................ wilfully and unlawfully set fire to a house. Damaging trees, contrary to section 326 of the Penal Code.

15. - DAMAGE PARTICULARS OF OFFENCE A.B., on the ......... day of ............. in the region of ................ wilfully and unlawfully damaged a mango tree there growing. First Count. - Forgery, contrary to section 338 of the Penal Code.

16. - FORGERY 292 ©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] PARTICULARS OF OFFENCE A.B., on the ....... day of .......... in the ................ region with intent to defraud or deceive, forged a will purporting to be the will of C.D. Second Count. - Uttering a false document, contrary to section 342 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ....... day of ............. in the region of ................. knowingly and fraudulently uttered a certain forged will purporting to be the will of C.D.

17. - UTTERING COUNTERFEIT COIN Uttering counterfeit coin, contrary to section 360 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ........ day of ............ at ....................... market in the region of ................. uttered a counterfeit shilling, knowing the same to be counterfeit. Perjury, contrary to section 102 of the Penal Code.

18. - PERJURY PARTICULARS OF OFFENCE A.B., on the ....... day of ............ in the region of ................... being a witness upon the trial of an action in the High Court of Tanzania at Dar es Salaam in which one .......... was plaintiff, and one ............ was defendant, knowingly gave false testimony that he saw one M.W. in the street called the .......... on the .............. day of ................

19. - DEFAMATORY LIBEL Publishing defamatory matter, contrary to section 187 of the Penal Code. [Omitted: Section 187 of the Penal Code repealed by Act No. 3 of 1976.]

20. - FALSE ACCOUNTING First Count. - Fraudulent false accounting, contrary to section 317 of the Penal Code. 293 ©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] PARTICULARS OF OFFENCE A.B., on the ........ day of ........... in the region of ..................., being a clerk or servant to C.D., with intent to defraud, made or was privy to making a false entry in a cash book belonging to the said C.D., his employer, purporting to show that on the said day two thousand shillings had been paid to L.M. Second Count. - Same as first count. PARTICULARS OF OFFENCE A.B., on the ........ day of ........... in the region of ................., being a clerk or servant to C.D., with intent to defraud, omitted or was privy to omitting from a cash book belonging to the said C.D. his employer, a material particular, that is to say, the receipt on the said day of one thousand shillings from H.S.

21. - THEFT BY AGENT First Count. - Stealing by agents and others, contrary to section 273 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ........ day of ............. in the region of ............, stole two thousand shillings which had been entrusted to him by H.S. for him, the said A.B., to retain in safe custody. Second Count. - Stealing by agents and others, contrary to section 273 of the Penal Code. PARTICULARS OF OFFENCE A.B., on the ...... day of ............. in the region of ................, stole two thousand shillings which had been received by him, for and on account of L.M.

22. - PREVIOUS CONVICTION (Section 275 of the Penal Code) Prior to the commission of the said offence, the said A.B. had been previously convicted of ........................... on the .......... day of ............. at the .......................... held at ............... 294 ©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] THIRD SCHEDULE (Made under section 216) CERTIFICATE REGARDING PHOTOGRAPHIC PRINTS THE CRIMINAL PROCEDURE ACT I, ........................... of ....................... being an officer appointed under section 216 of the Criminal Procedure Act, hereby certify as follows: (1) On the .................... day of ........................... 20........ at .................. received a sealed packet by hand of .......... numbered.............. purporting to be sent by ............. which contained exposed/and processed photographic film(s), under cover of a letter No............ dated .............. purporting to be signed by ................. requesting that I should process the said film(s) and/prepare therefrom photographic print(s) and enlargement(s). (2) The said letter and packet were each signed and dated by me and are attached hereto as annexures ...... and ....... respectively. (3) In pursuance of the said request I processed the said film(s) and/ prepared therefrom photographic print(s) and/enlargement(s) each of which I have signed and attached hereto as annexure(s) ........... and ........................... (4) The photographic print(s) and/enlargement(s) attached hereto as annexure(s) .................. is/are, as nearly as may be, exact reproduction(s) from the exposed/and processed film(s) submitted to me as aforesaid and have in no way been retouched, altered or otherwise interfered with in the process of their preparation. Given at ................................ under my hand this ............ day of ........................ 20........ Signed.............................. 295 ©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] FOURTH SCHEDULE (Made under section 219) REPORT OF HANDWRITING EXPERT THE CRIMINAL PROCEDURE ACT I, ...................................................................... of ....................... being an officer appointed under section 219 of the Criminal Procedure Act under Government Notice No ...... of...... 20........, hereby certify as follows: (1) On the ................ day of .............. 20........ at ......... I received a sealed packet, numbered ................ purporting to be sent by .................. which contained ............... under cover of a letter No....... dated ........... purporting to be signed by ......... The said packet, letter and .................... were each signed and dated by me and are attached hereto as annexures ............., ......... and .............. respectively. (2) On the ................ day of ............ 20........ at ........... I received a sealed packet, numbered .................. purporting to be sent by .................. which contained (in the same package) ............ under cover of a letter No. ..... dated ........ purporting to be signed by .............. The said ..................., and the said packet and letter were each signed and dated by me and are attached hereto as annexures ................... and .......... (3) I have examined and compared the handwriting on the said annexure ................ and the handwriting on the said annexures .............. and have prepared as annexure ........... a photographic representation (a schedule) of comparisons and similarities between the handwriting on the said annexures ........... and ..................... together with my comments thereon. And I hereby state that, in my opinion, ........................................................ ........................................................................................................................... Given at............................ under my hand this ................. day of ................

20........ Signed................... 296 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.