Tanzania Act or statute

Parliament of Tanzania

The Penal Code R:E 2022

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Jurisdiction: Tanzania
Structure: 406 provisions
Citation: The Penal Code R:E 2022
Dates: Undated source snapshot

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Purpose and legislative effect

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

This Act may be cited as the Penal Code and called “this Code”. This section is titled “Disapplication of Indian Penal Code” and “Saving of certain laws.” This section says the Penal Code does not change liability, trial, punishment, contempt powers, or the President’s pardon-related powers, and it prevents double punishment for the same offence under this Code and another applicable law. This section says the Code must be interpreted under the Interpretation of Laws Act and any expressions specifically defined in the Code, using ordinary principles of construction for written law and Tanzanian conditions, not strict penal construction. This section defines many terms used in the Penal Code, including “court,” “dwelling house,” “harm,” “offence,” “public place,” “utter,” and “wound.”

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

Section 1

It is an offence for any person to help, persuade, attempt, or conceal the desertion of certain law enforcement or service members.

Section 47

Fabricating evidence

A person who, intending to mislead a tribunal in a judicial proceeding, fabricates evidence or knowingly uses fabricated evidence commits an offence and may be imprisoned for seven years.

Section 106

Male person living on earnings of prostitution or persistently

A male person commits an offence if he knowingly lives on the earnings of prostitution or persistently solicits in a public place for immoral purposes.

Section 145

194. Repealed

A person who, for trade or otherwise, makes loud or unwholesome offensive noise or smells that annoy many people commits an offence and is liable to the penalty in section 171A(1).

Section 187

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Showing 200 of 406 provisions

Offence 129Repeal 29Provision 28Interpretation 9

§ 12Provision

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

1. This Act may be cited as the Penal Code, and hereinafter is referred to as “this Code”. Disapplication

Section 1Verify source

§ 23Provision

This section is titled “Disapplication of Indian Penal Code” and “Saving of certain laws.”

2. Disapplication of Indian Penal Code. Saving of certain laws Ord. No. 49 of 1955 s. 2; R.L. Cap. 500 s. 36 Cap. 4 s. 8

Section 2Verify source

§ 3Short titleShort title

This section says the Penal Code does not change liability, trial, punishment, contempt powers, or the President’s pardon-related powers, and it prevents double punishment for the same offence under this Code and another applicable law.

3.-(1) Nothing in this Code shall affect- (a) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Mainland Tanzania other than this Code; (b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in Mainland Tanzania relating to the jurisdiction of the courts in respect of acts done beyond the ordinary jurisdiction of those courts; (c) the power of any court to punish a person for contempt of court; or (d) any power of the President to grant a pardon or to remit or commute in whole or in part or to respite 20 Penal Code [CAP. 16 R.E. 2022] the execution of any sentence passed or to be passed. (2) Where a person commits an offence which is punishable under this Code and is also punishable under another law of any of the kinds mentioned in this section, he shall not be punished for that offence both under that law and also under this Code. CHAPTER II INTERPRETATION General rule of construction Act No. 14 of 1980 s. 3 Cap. 1 Interpretation R.L Cap. 500 ss.8 and 36; R.L. Cap. 537 6th Sch.; R.L.Cap.553 2nd Sch.; Acts Nos. 55 of 1963 6th Sch.; 16 of 1964 2nd Sch.; 2 of 1965 Sch.; 24 of 1966 2nd Sch.; 50 of 1968 1st Sch.; 14 of 1980 s. 4

Section 3Verify source

Part

CHAPTER II

§ 45Interpretation

This section says the Code must be interpreted under the Interpretation of Laws Act and any expressions specifically defined in the Code, using ordinary principles of construction for written law and Tanzanian conditions, not strict penal construction.

4. Subject to the provisions of the Interpretation of Laws Act and the expressions specifically defined in this Code, the Code shall be construed according to the principles of construction which may be applied to any written law, with regard to Tanzanian conditions and without applying any principle of strict construction relating to penal legislation. In this Code, unless the context requires

Section 4Verify source

§ 5General rule of constructionInterpretation

This section defines many terms used in the Penal Code, including “court,” “dwelling house,” “harm,” “offence,” “public place,” “utter,” and “wound.”

5. otherwise- “court” means a court of competent jurisdiction; “dwelling house” includes any building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling house is deemed to be part of the dwelling house if there is communication between that building or structure and the dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise; “harm” means any bodily hurt, disease or disorder whether permanent or temporary; “dangerous harm” means harm endangering life; “grievous harm” means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any 21 Penal Code [CAP. 16 R.E. 2022] permanent or serious injury to any external or internal organ, member or sense; “judicial proceeding” includes any proceeding had or taken in or before court, tribunal, commission or person in which or before whom evidence may be taken on oath; “knowingly” used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used; “local government authority” means a local government authority established by law; “maim” means the destruction or permanent disabling of any external or internal organ, member or sense; “money” includes bank notes, currency notes, bank drafts, cheques and other orders, warrants or requests for the payment of money; “night” or “night-time” means the period between seven o’clock in the evening and six o’clock in the morning; “offence” means an act, attempt or omission punishable by law; “person” and “owner” and other like terms when used with reference to property include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the Government; “person employed in the public service” means any person holding any of the following offices or performing the duty thereof, whether as a deputy or not, namely- (a) any public office of the President, and any office the power of appointing a person to which or of removing from which is vested in the President or in a commission or board to which the President has delegated his function of, or which is established by written law for the purpose of, making appointments to any office; (b) any office to which a person is appointed or nominated under any law; (c) any public office, the power of appointing to which or removing from which, is vested in any 22 Penal Code [CAP. 16 R.E. 2022] person or persons holding an office of any kind included in paragraph (a) or (b); or (d) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any law; and also means- a justice of the peace; (i) (ii) a member of a commission of inquiry appointed under or in pursuance of any law; (iii) any person employed to execute any process of a court; (iv) a member of the Regular Force of the Defence Forces, a member of the National Service, and any other member of the Defence Forces when on duty; a person in the employment of any government department; (v) (vi) a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intended marriage or in respect of solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect; the (vii) a member of a local government authority; (viii) a municipal councilor; (ix) a person in the employment of a local (x) Cap. 257 Cap. 212 government authority; any person employed by or in the service of any public corporation established Public Corporations Act or a corporation established by or under any written law other than the Companies Act or a the company incorporated under under the 23 Penal Code [CAP. 16 R.E. 2022] Companies Act which is wholly owned by the Government or which is a subsidiary of any public corporation; “possession” “be in possession of” or “have in possession” includes- (a) not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place, whether belonging to, or occupied by oneself or not, for the use or benefit of oneself or of any other person; (b) if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them; “property” includes everything animate or inanimate capable of being the subject of ownership; “public” refers not only to all persons within Mainland Tanzania but also to the persons inhabiting or using any particular place, or any number of those persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used; “public way” includes any highway, market place, square, street, bridge or other way which is lawfully used by the public; “public place” or “public premises” includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings, or assembly or as an open court “publicly” when applied to an act means either- (a) that it is so done in any public place as to be seen by any person whether such person is in a public place; or (b) that it is so done in any place not being a public place as to be likely to be seen by any person in a public place; “utter” includes using or dealing with and attempting to use 24 Penal Code [CAP. 16 R.E. 2022] or deal with and attempting any person to use, deal with or act upon the thing in question; “valuable security” includes any document which is the property of any person and which is evidence of the ownership of any property or of the right to recover or receive any property; “vessel” includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft; “wound” means any incision or puncture which divides or pierces any exterior membrane of the body; and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane. CHAPTER III TERRITORIAL APPLICATION OF THIS CODE Extent of jurisdiction of local courts Acts Nos. 31 of 1966 2nd Sch.; 14 of 1980 s. 5; 11 of 2010 s. 18; Cap. 4 s. 8

Section 5Verify source

Part

CHAPTER III

§ 67Offence

The section says the Courts of Tanzania’s jurisdiction extends to certain places and offences, including territorial waters, some offences by Tanzanian citizens outside Tanzania, offences on Tanzanian-registered aircraft, and offences on the high seas.

6.-(1) The jurisdiction of the Courts of Tanzania for the purposes of this Code extends to- (a) every place within the territorial waters; (b) any offence committed by a citizen of Tanzania in any place outside Tanzania; (c) any offence committed by any person on an aircraft registered in Tanzania; and (d) offences committed by any person on the high seas. (2) For the purposes of this section the term “high seas” means the open seas of the world outside the jurisdiction of any state. Offences committed partly within and partly beyond jurisdiction is done partly within and partly beyond

Section 6Verify source

§ 7Extent of jurisdiction of local courtsOffence

A person who does part of an offence inside the court’s jurisdiction can be tried and punished under the Code as if the whole act had happened there.

7. When an act which, if wholly done within the jurisdiction of the court, would be an offence against this the Code, jurisdiction, every person who within the jurisdiction does any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction. 25 Penal Code [CAP. 16 R.E. 2022] CHAPTER IV GENERAL RULES AS TO CRIMINAL RESPONSIBILITY Ignorance of law

Section 7Verify source

Part

CHAPTER IV

§ 8Ignorance of lawOffence

Ignorance of the law is not a valid excuse for an act or omission that would otherwise be an offence, unless knowledge of the law is expressly part of the offence.

8. Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence. Bona fide claim of right

Section 8Verify source

§ 910Offence

A person is not criminally responsible for a property offence if the act or omission was done under an honest claim of right and without intent to defraud.

9. A person is not criminally responsible in respect of an offence relating to property if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud. Relevance of intention or motive Mistake of fact

Section 9Verify source

§ 1011. Mistake of factOffence

A person is not criminally responsible for acts or omissions done without free will or for accidents, and motive or intended result is generally immaterial unless the Code says otherwise.

10.-(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will or for an event which occurs by accident. (2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial. (3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.

Section 10Verify source

§ 11Mistake of factProvision

A person acting or failing to act under an honest and reasonable mistaken belief about the facts is not criminally responsible, unless the law for that subject excludes this rule.

11.-(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. (2) The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject. Presumption of sanity

Section 11Verify source

§ 1213Provision

Every person is presumed to be of sound mind, unless the contrary is proved.

12. Every person is presumed to be of sound mind and to have been of sound mind at any time which comes in 26 Penal Code [CAP. 16 R.E. 2022] Insanity Act No. 31 of 1997 Sch. question until the contrary is proved.

Section 12Verify source

§ 1314Provision

A person is not criminally responsible for an act or omission if, because of a disease affecting the mind, they cannot understand it, appreciate that they should not do it, or control it.

13.-(1) A person shall not be criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind- (a) incapable of understanding what he is doing; (b) incapable of appreciating that he ought not to do the act or omission; or (c) does not have control of the act or omission. (2) A person may be criminally responsible for an act or omission although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects referred to in subsection (1) to that act or omission. Intoxication

Section 13Verify source

§ 1415Offence

Intoxication is generally not a defence to a criminal charge, but it can be a defence in limited cases described in this section.

14.-(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge. (2) Intoxication shall be a defence to a criminal charge if by reason thereof the person charged at the time of the act or omission complained of, he did not understand what he was doing and- (a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or (b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission. (3) Where the defence under subsection (2) is established, then in a case falling under paragraph (a) of that subsection the accused shall be discharged and, in a case, falling under paragraph (b) of that subsection the provisions of this Code and of the Criminal Procedure Act relating to insanity shall apply. (4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence. (5) For the purpose of this section “intoxication” shall be deemed to include a state produced by narcotics or 27 Cap. 20 Penal Code [CAP. 16 R.E. 2022] drugs. Immature age Acts Nos. 4 of 1998 s. 4; 21 of 2009 s. 174 Cap. 13 General immunity for officers Act No. 2 of 1970 Sch. Compulsion Act No. 21 of 2009 s. 175 Defence of person or property Act No. 14 of 1980 s. 6 Right of defence Act No. 14 of 1980

Section 14Verify source

§ 1516Provision

Children under 10 are not criminally responsible for acts or omissions; children under 12 are also not criminally responsible unless it is proved they knew they ought not to do the act or omission.

15.-(1) A person under the age of ten years is not criminally responsible for any act or omission. (2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that, at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission. (3) A male person under the age of twelve years is presumed to be incapable of having sexual intercourse. (4) Any person under the age of twelve years who commits an act or omission which is unlawful shall be dealt with under the Law of the Child Act.

Section 15Verify source

§ 1617Provision

A judicial officer is not criminally liable for an act or omission done bona fide in the exercise of judicial function, unless the Code expressly provides otherwise.

16. Save as is expressly provided by this Code, no act or thing done or omitted to be done by a judicial officer shall, if the act or omission was done or omitted bona fide in the exercise of his judicial function, render the judicial officer criminally liable for the act or omission.

Section 16Verify source

§ 1718Offence

A person is not criminally responsible for an offence if the act was done under immediate threats from other offenders, and the offence was committed by two or more offenders.

17. A person is not criminally responsible for an offence if it is committed by two or more offenders and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence, unless the offender is a child.

Section 17Verify source

§ 1818A. Right of defenceProvision

A person is not criminally liable for acts done in self-defence, defence of another, or defence of property, subject to section 18A and the Code.

18. Subject to the provisions of section 18A, a person is not criminally liable for an act done in the exercise of the right of self defence or the defence of another or the defence of property in accordance with the provisions of this Code.

Section 18Verify source

§ 18ARight of defenceProvision

Every person has the right to defend themselves or others, and to defend certain property, against unlawful acts, assault, seizure, destruction, or violence, subject to this Code.

18A.-(1) Subject to the provisions of this Code, every person has the right- (a) to defend himself or any other person against any 28 Penal Code s. 7 Cap. 287 Use of force in defence Act No. 14 of 1980 s. 7 [CAP. 16 R.E. 2022] unlawful act or assault or violence to the body; or (b) to defend his own property or any property in his lawful possession, custody or under his care or the property of any other person against any unlawful act of seizure or destruction or violence. (2) In this section, the expression “property of any other person” includes any property belonging to the Government or a public corporation or an employer or any property communally owned by members of the public as a co-operative society or a village, whether or not that village is (District Authorities) Act. the Local Government registered under

Section 18AVerify source

§ 18BUse of force in defenceOffence

A person may use only reasonable force when defending self, another person, or property.

18B.-(1) In exercising the right of self defence or in defence of another or in defence of property, a person shall be entitled to use only such reasonable force as may be necessary for that defence. (2) A person shall be criminally liable for any offence, resulting from excessive force used in self defence or in defence of another or in defence of property. (3) Any person who causes the death of another as the result of excessive force used in defence, shall be guilty of manslaughter. When right of defence extends to causing death Act No. 14 of 1980 s. 7 Cap. 4 s. 8

Section 18BVerify source

§ 18CWhen right of defence extends to causing deathOffence

The right of self-defence, defence of another, or defence of property can extend to causing death or grievous harm if the person acts in good faith and on reasonable grounds, and it can also extend to taking a risk of harm to an innocent person or property in limited situations.

18C.-(1) The right of self defence or the defence of another or defence of property shall extend to a person who, in exercising that right, causes death or grievous harm to another and the person so acting, acts in good faith and with an honest belief based on reasonable grounds that his act is necessary for the preservation of his own life or limb or the life or limb of another or of property, in the circumstances where- (a) the lawful act is of such a nature as may reasonably cause the apprehension that his own death or the death of another person could be the consequence of that act; (b) the lawful act is of such a nature as may reasonably cause the apprehension that grievous harm to his own body or the body of another could be the consequence of that unlawful act; 29 Penal Code [CAP. 16 R.E. 2022] (c) the unlawful act intention of is with committing rape or defilement or an unnatural offence; the (d) the unlawful act is with the intention of kidnapping or abducting; or (e) the unlawful act is burglary or robbery or arson or any offence which endangers life or property. (2) Where in the exercise of a right of defence in accordance with this Code, the person exercising that right is in such a situation that he cannot effectively exercise that right without risk of harm to an innocent person or property, his right of defence extends to the running of that risk.

Section 18CVerify source

§ 1920Offence

If a person is charged over arresting or trying to arrest someone who resists or escapes, the court must consider the seriousness and circumstances of the underlying offence when judging necessity or reasonableness of force.

19. Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary or the degree of force used was reasonable for the apprehension of such person, have regard to the gravity of the offence which had been, or was being, committed by that person and the circumstances in which such offence had been, or was being, committed by that person.

Section 19Verify source

§ 2021Offence

A married woman is not automatically excused from criminal responsibility just because her husband was present; but for offences other than treason or murder, she may rely on a defence if the act was done in her husband’s presence and under his coercion.

20. A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence and under the coercion of the husband.

Section 20Verify source

§ 21Use of force in effecting arrestOffence

A person must not be punished twice for the same offence.

21. A person shall not be punished twice, either under the provisions of this Code or under the provisions of any other law, for the same offence. Use of force in effecting arrest Compulsion by husband Person not to be punished twice for same offence Ord. No. 49 of 1955 s. 3 30 Penal Code [CAP. 16 R.E. 2022] CHAPTER V PARTIES TO OFFENCES Principal offenders

Section 21Verify source

Part

CHAPTER V

§ 2223Offence

People who help, encourage, or carry out an offence are treated as guilty of it and may face the same punishment.

22.-(1) When an offence is committed, each of the following persons in committing the offence and to be guilty of the offence, and may be charged with actually committing namely- is deemed taken part to have (a) every person who actually does the act or makes the omission which constitutes the offence; (b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; (c) every person who aids or abets another person in committing the offence; (d) any person who counsels or procures any other person to commit the offence, in which case he may be charged either with committing the offence or with counseling or procuring its commission. (2) A conviction of counseling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. (3) A person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself done the act or the omission. Offences committed by joint offenders in prosecution of common purpose

Section 22Verify source

§ 23Principal offendersOffence

If two or more people share a common unlawful purpose and an offence committed in pursuing it was a probable consequence, each is treated as having committed that offence.

23. When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence. 31 Penal Code Counseling another to commit offence [CAP. 16 R.E. 2022]

Section 23Verify source

§ 24Counseling another to commit offenceOffence

If a person counsels another to commit an offence and an offence is then committed, the counselor is treated as having counseled the offence actually committed.

24. When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person whom it is given, it is immaterial whether the offence actually committed is the same as that counseled or a different one, or whether the offence is committed in the way counseled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel and in either case the person who gave the counsel is deemed to have counseled the other person to commit the offence actually committed by him. CHAPTER VI PUNISHMENTS Kinds of punishments court:

Section 24Verify source

Part

CHAPTER VI

§ 2526Provision

This provision lists punishments that may be imposed, including death, imprisonment, corporal punishment, fines, forfeiture, compensation, and security for peace or good behavior.

25. The following punishments may be inflicted by a (a) death; (b) imprisonment; (c) corporal punishment; (d) fine; (e) forfeiture; (f) payment of compensation; (g) finding security to keep the peace and be of good behavior or to come up for judgment; (h) any other punishment provided by this Code or by any other law. Sentence of death Acts Nos. 55 of 1963 6th Sch.; 31 of 1997 Sch.; 9 of 2002 Sch.

Section 25Verify source

§ 2627Offence

This section sets how death sentences are to be handled, including special rules for pregnant women and people who were under 18 at the time of the offence.

26.-(1) When a person is sentenced to death, the sentence shall direct that he shall suffer death by hanging: Provided that, if a woman convicted of an offence punishable with death is alleged to be pregnant, the court shall inquire into the fact and, if it is proved to the satisfaction of the court that she is pregnant the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death. (2) The sentence, of death shall not be pronounced on or recorded against any person who at the time of the commission of the offence was under eighteen years of age, but in lieu of the sentence of death, the court shall sentence 32 Penal Code [CAP. 16 R.E. 2022] that person to be detained during the President’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister for the time being responsible for legal affair may direct, and whilst so detained shall be deemed to be in legal custody. (3) When a person has been sentenced to be detained during the President’s pleasure under subsection (2), the presiding judge shall forward to the Minister for the time being responsible for legal affairs a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing such recommendation or observation on the case as he may think fit to make. (4) The superintendent of a prison or other place in which a person under the age of eighteen years is detained by a direction of the Minister under subsection (2), shall make a report in writing to the Minister of the condition, history and character of such person at the expiration of a period of ten years from the period of the Minister’s direction. (5) Upon receipt and consideration of the report under subsection (4), the Minister may order that a person under the age of eighteen years be discharged or otherwise dealt with on such conditions as to his remaining under the supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the said person and the public as the Minister shall think fit. Imprisonment Cap. 291

Section 26Verify source

§ 2728Provision

A court may sentence a person liable to imprisonment to pay a fine instead of or in addition to imprisonment, or to community service if the Community Service Act allows it.

27.-(1) Omitted by virtue of s. 3 of Cap. 357. (2) A person liable to imprisonment may be sentenced to pay a fine in addition to, or instead of, imprisonment, or where the court so determines under the Community Service Act, to community service under a community service order. Corporal punishment Act No. 55 of 1963 6th Sch. Caps. 90 and 17

Section 27Verify source

§ 2829Provision

If corporal punishment is imposed, it must be carried out under the Corporal Punishment Act, and this provision is subject to the Minimum Sentences Act.

28. Subject to the provisions of the Minimum Sentences Act, where in this Code it is provided that any person shall be liable to undergo corporal punishment, such punishment shall, if awarded, be inflicted in accordance with the provisions of the Corporal Punishment Act. 33 Penal Code Fines Acts Nos. 13 of 1972 Sch.; 25 of 2002 Sch.; 13 of 2019 s. 66 [CAP. 16 R.E. 2022]

Section 28Verify source

§ 2930Offence

If a fine law does not specify details, the court may use these default rules for fines, default imprisonment, and distress warrants.

29. Where a fine is imposed under any law, in the absence of express provisions relating to the fine in that law the following provisions shall apply- (a) where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited but shall not be excessive; (b) in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court; (c) in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with a fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion- (i) direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant: (ii) Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so; the whole of (d) the term of imprisonment ordered by a court in respect of money adjudged to be paid upon conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as in the opinion of the court will 34 Penal Code [CAP. 16 R.E. 2022] satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale- Not exceeding Shs. 50,000/= Exceeding Shs. 50,000/= but not exceeding Shs. 100,000/= Exceeding Shs. 100,000/= but not exceeding Shs. 500,000/= Exceeding Shs. 500,000/= but not exceeding Shs. 1,000,000/= Exceeding Shs. 1,000,000/= 14 days 2 months 6 months 12 months 24 months (e) the imprisonment which is imposed in default of payment of a fine shall terminate when the fine is either paid or levied by process of law. Forfeiture R.L. Cap. 400 s. 15; R.L. Cap. 500 s. 12

Section 29Verify source

§ 3031Offence

If someone is convicted under section 111 or 112, the court may order forfeiture of related property to the Republic, or a court-assessed sum if the property cannot be forfeited or found.

30. When a person is convicted of an offence under section 111 or 112, the court may, in addition to or in lieu of, any penalty which may be imposed, order the forfeiture to the Republic of any property which has passed in connection with the commission of the offence, or if the property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property and payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine. Compensation Cap. 20

Section 30Verify source

§ 3132Substitution

A person convicted of an offence may be ordered to pay compensation to the person harmed by the offence.

31. In accordance with the provisions of section 348 of the Criminal Procedure Act, any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence and the compensation may be either in addition to or in substitution for any other punishment. Costs Cap. 20

Section 31Verify source

§ 3233Offence

A court may order a person convicted of an offence to pay prosecution costs, subject to section 345 of the Criminal Procedure Act.

32. Subject to the limitations imposed by section 345 of the Criminal Procedure Act, a court may order any person convicted of an offence to pay the costs of and incidental to the whole or part of the prosecution. Security for keeping peace

Section 32Verify source

§ 3334Repeal

A court may order a person convicted of a non-capital offence to enter into recognisance, with or without sureties, and may imprison the person until the recognisance is entered.

33. A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own 35 Penal Code [CAP. 16 R.E. 2022] recognisance, with or without sureties, in such amount as the court thinks fit, requiring him to keep the peace and be of good behavior for a time to be fixed by the court, and may be ordered to be imprisoned until such recognisance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognisance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine. Repealed

Section 33Verify source

§ 3435Repeal

Section 34 is marked repealed, and the text refers to a general punishment for offences where no penalty is prescribed.

34. [Repealed by Ord. No. 5 of 1961 s. 2.] General punishment for offences where penalty not prescribed Act No. 1 of 2022 s. 43 Sentences cumulative unless otherwise ordered

Section 34Verify source

§ 3536Offence

If this Code does not expressly provide a punishment for an offence, the offence is punishable by up to five years’ imprisonment, a fine, or both.

35. When in this Code no punishment is expressly provided for any offence, it shall be punishable with imprisonment for a term not exceeding five years or with a fine or with both.

Section 35Verify source

§ 36Kinds of punishmentsOffence

A later sentence generally runs after the earlier sentence ends, unless the court orders it to run concurrently; the court may not make a concurrency order for imprisonment in default of paying a fine under section 29(c)(i).

36. Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence, any sentence, other than a sentence of death or of corporal punishment, which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence unless the court directs that it shall be executed concurrently with the former sentence or any part of that sentence: Provided that, a court shall not direct that a sentence of imprisonment in default of payment of a fine be executed concurrently with a former sentence under section 29(c)(i) or with any part of that sentence. Escaped convicts to serve unexpired sentences when recaptured

Section 36Verify source

§ 3738Provision

If sentence is passed on an escaped convict, a death, fine, or corporal punishment sentence takes effect immediately; imprisonment follows the specific rules in the provision.

37. When sentence is passed under this Code on an escaped convict, the sentence, if of death, fine or corporal punishment shall, subject to the provisions of this Code, take effect immediately and, if of imprisonment, shall take effect according to the following rules, that is to say- 36 Penal Code [CAP. 16 R.E. 2022] Absolute and conditional discharge Ord. No. 5 of 1961 Cap. 4 s. 8 (a) if the new sentence is severer than the sentence which the convict was undergoing when he escaped, the new sentence shall take effect immediately and he shall serve any period of imprisonment in respect of his former sentence which remained unexpired at the time of his escape after he has completed serving his new sentence; (b) when the new sentence is not severer than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has served imprisonment for a further period equal to that part of his former sentence which remained unexpired at the time of his escape.

Section 37Verify source

§ 3838A. Commission of further offenceOffence

The court may discharge a convicted person absolutely or conditionally, but a conditional discharge cannot exceed 12 months and the court must explain the consequence of reoffending.

38.-(1) Where a court by or before which a person is convicted of an offence is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may make an order discharging him absolutely or, if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified in the order. (2) An order discharging a person subject to the condition referred to in subsection (1) is hereinafter referred to as “an order for conditional discharge” and the period specified in that order as “the period of conditional discharge”. (3) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence. (4) Where an order discharging an offender is made under this section the court may order him to pay any compensation adjudged under section 31 or any costs ordered under section 32 of this Code. 37 Penal Code Commission of further offence Ord. No. 5 of 1961 s. 3 Cap. 4 s. 8 [CAP. 16 R.E. 2022]

Section 38Verify source

§ 38ACommission of further offenceOffence

If a person on conditional discharge is convicted again during the discharge period, a judge, magistrate, or court may take steps such as issuing a summons or warrant, keeping the person in custody or on bail, sentencing the person, and ending the discharge order once sentence is imposed for the original offence.

38A.-(1) Where it appears to a judge or a magistrate that a person in respect of whom an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge he may, upon information in writing and on oath, issue a summons requiring that person to appear at the place and time specified therein or may issue a warrant for his arrest. (2) A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the court by which the order for conditional discharge was made. (3) Where a person in respect to whom an order for conditional discharge has been made is convicted by a magistrate of an offence committed during the period of conditional discharge, the magistrate may commit him to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the order for conditional discharge was made. (4) Where it is proved to the satisfaction of the court by which the order for conditional discharge was made that the person in respect of whom the order was made has been convicted of an offence committed during the period of conditional discharge, the court may pass any sentence upon him which it could pass if he had just been convicted by that court of the original offence. (5) Where a person in respect of whom an order for conditional discharge has been made by a magistrate is convicted by the High Court of an offence committed during the period of conditional discharge, the High Court may pass any sentence upon him which the court made the order for conditional discharge could pass as if he had just been convicted by that court of the original offence. (6) Where under the provisions of this section, a person who has been conditionally discharged is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect. Effect of conviction and discharge

Section 38AVerify source

§ 38BEffect of conviction and dischargeOffence

A conviction followed by an absolute or conditional discharge is generally treated as not being a conviction, except for the proceedings in which the order is made and later proceedings under section 38A.

38B.-(1) Subject to the provisions of subsection (2), where a person is convicted of an offence and discharged either absolutely or conditionally under the provisions of 38 Penal Code [CAP. 16 R.E. 2022] section 38, his conviction for that offence shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against him under the provisions of section 38A: Provided that, where a person who has been conditionally discharged is subsequently sentenced under section 38A for the offence in respect of which the order for conditional discharge was made, this section shall cease to apply in respect of that offence and he shall be deemed to have been convicted on the date of the sentence. (2) Nothing in this section shall affect- (a) the right of any person who has been convicted and discharged either absolutely or conditionally to appeal against his conviction or to rely thereon in bar of any subsequent proceedings for the same offence; or (b) the revesting or restoration of any property in consequence of the conviction of that person. PART II CRIMES Division I. - Offences against Public Order CHAPTER VII TREASON AND OTHER OFFENCES AGAINST THE REPUBLIC Treason Act No. 2 of 1970 Sch.

Section 38BVerify source

Part

CHAPTER VII

§ 39TreasonOffence

A person under allegiance to the United Republic commits treason if they kill or try to kill the President, wage war, promote violent or unlawful acts against the President or government, aid enemies, encourage invasion, or use force to compel or intimidate the government; conviction carries death.

39.-(1) Any person who, being under allegiance to the United Republic- (a) in the United Republic or elsewhere, murders or attempts to murder the President; or (b) in the United Republic, levies war against the United Republic, shall be guilty of treason and shall be liable on conviction to suffer death. (2) Any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, forms an intention to effect or to cause to be effected, or forms an intention to instigate, persuade, counsel or advise 39 Penal Code [CAP. 16 R.E. 2022] any person or group of persons to effect or to cause to be effected, any of the following acts, deeds or purposes, that is to say- (a) the death, maiming or wounding, or the imprisonment or restraint, of the President; (b) the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Defence Forces of the United Republic; (c) the overthrow by unlawful means, of the Government of the United Republic; or (d) the intimidation of the Legislature or the Judiciary of the United Republic, the Executive, and manifests such intention by publishing any writing or printing or by any overt act or deed whatsoever shall be guilty of treason and shall be liable on conviction to be sentenced to death. (3) Any person who, being under allegiance to the United Republic- (a) adheres to the enemies of the United Republic or gives them aid or comfort, in the United Republic or elsewhere; (b) instigates, whether in the United Republic or elsewhere, any person to invade the United Republic with an armed force; or (c) takes up arms within the United Republic in order, by force of constraint, to compel the Government of the United Republic to change its measures or counsels, or in order to put any force or constraint on, or in order to intimidate or overawe, the Government of the United Republic, shall be guilty of treason and shall be liable on conviction to suffer death. (4) Any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic does any act which is designed or likely to give assistance to 40 Penal Code [CAP. 16 R.E. 2022] Treasonable offences Act No. 2 of 1970 Sch. Misprision of treason Act No. 2 of 1970 Sch. such enemy, or to interfere with the maintenance of public order or the Government of the United Republic, or to impede the operation of the Defence Forces or the Police Force, or to endanger life, shall be guilty of treason and shall be liable on conviction to suffer death.

Section 39Verify source

§ 40Treasonable offencesOffence

A person who is not under allegiance to the United Republic and acts with intent to help an enemy, in conduct that would be treason under section 39, commits an offence.

40. Any person who, not being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic, would amount to the offence of treason under section 39, shall be guilty of an offence and shall be liable on conviction to be sentenced to death.

Section 40Verify source

§ 41Misprision of treasonOffence

A person commits misprision of treason if they become an accessory after the fact to treason or a treasonable offence, or if they knowingly fail to give reasonable warning and information to an administrative officer, magistrate, or police officer to help prevent it.

41. Any person who- (a) becomes an accessory after the fact to treason or to a treasonable offence; or (b) knowing that any person intends to commit treason or treasonable offence does not give reasonable thereof with all information dispatch to an administrative officer or a magistrate or a police officer, or use other reasonable the commission of the offence, endeavours prevent to shall be guilty of the offence termed “misprision of treason” and shall be liable on conviction to imprisonment for life. Omitted

Section 41Verify source

§ 4243Provision

This section is marked omitted; the text only gives a fragmentary reference to “Promoting warlike undertakings” and a replacement note.

42. Omitted. Promoting warlike undertakings Act No. 2 of 1970 Sch. Replaced Inciting to

Section 42Verify source

§ 4344Offence

A person must not, without lawful authority, carry on or prepare for war or a warlike undertaking, or help devise or carry out such activity.

43. Any person who, without lawful authority, carries on or makes preparation for carrying on, or aids in or devises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in the United Republic, shall be guilty of an offence and shall be liable on conviction to imprisonment for life.

Section 43Verify source

§ 4546Offence

A person must not deliberately try to seduce or incite certain law enforcement personnel to mutiny, desertion, or disloyal conduct.

45. Any person who advisedly attempts to effect 41 Penal Code mutiny R.L Cap. 500 S. 8; Acts Nos. 24 of 1966 2nd Sch.; 1 of 2022 s. 44 Aiding soldiers or police officers in acts of mutiny Acts Nos. 24 of 1966 2nd Sch.; 1 of 2022 s. 45 Inducing soldiers or police officers to desert Acts Nos. 24 of 1966 2nd Sch.; 1 of 2022 s. 46 [CAP. 16 R.E. 2022] any of the following purposes, that is to say- (a) to seduce any member of the Police Force, the Prisons Service or the National Service or any other law enforcement organ from his duty and allegiance to the United Republic; (b) to incite any such person to commit an act of mutiny or any traitorous or mutinous act; or (c) to incite any such person to make or endeavour to make a mutinous assembly, is guilty of an offence and is liable to imprisonment for life.

Section 45Verify source

§ 4647Offence

Any person commits an offence if they help, encourage, or take part in mutiny, or incite specified law enforcement members to disobey a lawful order.

46. Any person who- (a) aids, abets, or is accessory to, any act of mutiny by any member of the Police Force, Prisons Service or National Service or any other law enforcement organ; or (b) incites any member of the Police Force, Prisons Service or National Service or any other law enforcement to disobedience to any lawful order given by a superior officer is guilty of an offence. sedition organ or to

Section 46Verify source

§ 4748Offence

It is an offence for any person to help, persuade, attempt, or conceal the desertion of certain law enforcement or service members.

47. Any person who, by any means whatsoever, directly or indirectly- (a) procures or persuades or attempts to procure or persuade to desert; (b) aids, abets or is accessory to the desertion of; or (c) having reason to believe he is a deserter, harbours or aids in concealing, any member of the Police Force, Prisons Service or National Service or any other law enforcement organ is guilty of an offence and is liable to imprisonment for six months. Aiding prisoners of war to escape Cap. 500 s. 36 Act No.

Section 47Verify source

§ 4849Interpretation

Any person must not knowingly aid a prisoner-of-war enemy of the Republic to escape, and must not negligently or unlawfully let such a person escape.

48. Any person who- (a) knowingly and advisedly aids an enemy of the Republic who is a prisoner of war, whether the prisoner is confined in a prison or elsewhere, or 42 Penal Code 1 of 2022 s. 47 [CAP. 16 R.E. 2022] is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Mainland Tanzania, is guilty of an offence, and is liable to imprisonment for life; (b) negligently or unlawfully permits the escape of any person referred to in paragraph (a) is guilty of an offence. Definition of overt act

Section 48Verify source

§ 4950.-54. RepealedRepeal

For offences in this Chapter, conspiracy and acts done to carry out the purpose can be treated as an overt act showing intention.

49. In the case of any of the offences set out in this Chapter, when the manifestation by an overt act of the intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose and every act done in furtherance of the purpose by any of the persons conspiring is deemed to be an overt act manifesting the intention. Repealed

Section 49Verify source

§ 5054. RepealedRepeal

Sections 50 to 54 were repealed.

50.-54. [Repealed by Act No. 3 of 1976 s. 551.] Seditious intention Ord. No 18 of 1950 s. 2; R.L. Cap. 455 s. 19; R.L. Cap. 500 s. 36

Section 50Verify source

§ 5556.-58. RepealedRepeal

This section defines “seditious intention” and says some speech or publications are not seditious if they only criticize government measures, point out defects for reform, seek lawful change, or address sources of ill-will. It also says people are taken to intend the natural consequences of their conduct when deciding seditious intent.

55.-(1) A seditious intention is an intention to- (a) bring into hatred or contempt or to excite disaffection against the lawful authority of the United Republic or its Government; (b) excite any of the inhabitants of the United Republic to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the United Republic as by law established; (c) bring into hatred or contempt or to excite the administration of disaffection against justice in the United Republic; (d) raise discontent or disaffection amongst any of the inhabitants of the United Republic; or (e) promote feelings of ill-will and hostility between different classes of the population of the United Republic. (2) An act, speech or publication is not seditious by reason only that it intends to- 1 Note: Sections 51, 52, 53,54, 56, 57, 58, 63, 63A were re-enacted in the Newspapers Act 43 Penal Code [CAP. 16 R.E. 2022] (a) show that the Government has been misled or mistaken in any of its measures; (b) point out errors or defects in the Government or Constitution of the United Republic as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects; inhabitants of (c) persuade any the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic as by law established; or (d) point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and the enmity between different classes of population of the United Republic. (3) In determining whether or not the intention with which any act was done, any words were spoken or any document was published is seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself.

Section 55Verify source

§ 5658. RepealedRepeal

Sections 56 to 58 were repealed.

56.-58. [Repealed by Act No. 3 of 1976 s. 55.]

Section 56Verify source

§ 59Unlawful oaths to commit offencesOffence

A person commits an offence if they administer, consent to the administering of, or take an oath or similar engagement that binds someone to commit a death-penalty offence; the penalty is life imprisonment.

59. Any person who- (a) administers, or is present at and consents to, the administering of any oath or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or (b) takes any such oath or engagement, not being compelled to do so, is guilty of an offence and is liable to imprisonment for life.

Section 59Verify source

§ 60Other unlawful oaths to commit offencesRepeal

A person commits an offence if they administer, consent to, or take an oath or engagement meant to bind someone to unlawful acts or secrecy, and can be imprisoned for seven years.

60. Any person who- (a) administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it- 44 Repealed Unlawful oaths to commit offences Other unlawful oaths to commit offences Penal Code [CAP. 16 R.E. 2022] (i) (ii) (iii) (iv) to engage in any mutinous or seditious enterprise; to commit any offence not punishable with death; to disturb the public peace; to be of any association, society or confederacy, formed for the purpose of doing any of the acts referred to in subparagraphs this paragraph; to obey the orders or commands of any committee or other body of persons not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose; (vi) not to inform or give evidence against any associate, confederate or other person; or (iii) of (v) (i) to (vii) not to reveal or discover any unlawful association, society or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of the oath or engagement; (b) takes any such oath or engagement, not being compelled to do so, is guilty of an offence and is liable to imprisonment for seven years.

Section 60Verify source

§ 6162. Unlawful drillingProvision

A person who took an oath or engagement under section 60 can only rely on compulsion as a defence if they make a sworn declaration within 14 days, or after force or sickness ends, before a magistrate; in certain service cases, the declaration may go to a commanding officer.

61. A person who takes any oath or engagement referred to in section 60 cannot set up as a defence that he was compelled to do so unless, within fourteen days after taking it or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before a magistrate or, if he is on actual service in the military forces of the United Republic in the Police Force or any other law enforcement organ, either by such information 45 Compulsion as defence Act No. 1 of 2022 s. 48 Penal Code [CAP. 16 R.E. 2022] Unlawful drilling R.L. Cap. 455 s. 20 Act No. 1 of 2022 s. 49 or by information to his commanding officer, the whole of what he knows concerning the matter including the persons by whom and in whose presence, and the place where and the time when the oath or engagement was administered or taken.

Section 61Verify source

§ 62Unlawful drillingRepeal

It is an offence to train, drill, attend, or be trained at an unauthorized meeting about arms or military exercises without the Minister for home affairs’ permission.

62.-(1) Any person who- (a) without the permission of the Minister for the time being responsible for home affairs, trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or (b) is present at any meeting or assembly of persons, held without the permission of the Minister for the time being responsible for home affairs, for the purpose of training or drilling any other person to the use of arms or the practice of military exercises, movements or evolutions, is guilty of an offence and is liable to imprisonment for fourteen years. (2) Any person who, at any meeting or assembly held without the permission of the Minister for the time being responsible for home affairs, is trained or drilled to the use of arms or the practice of military exercises, movements or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of an offence. Repealed

Section 62Verify source

§ 63RepealedRepeal

This section is marked repealed.

63.-63A. [Repealed by Act No. 3 of 1976 s. 55.] Raising discontent and ill-will for unlawful purposes Ords. Nos. 10 of 1955 s. 2; 49 of 1955 s. 6; GN. No. 236 of 1961;

Section 63Verify source

§ 63BRaising discontent and ill-will for unlawful purposesOffence

It is an offence for any person, when speaking to an assembly, to make statements likely to cause discontent or ill-will among inhabitants or groups in the United Republic.

63B.-(1) Any person who, to any assembly, makes any statement likely to raise discontent amongst any of the inhabitants of the United Republic or to promote feelings of ill-will between different classes or communities of persons of the United Republic, is guilty of an offence and is liable to a fine not less than five hundred thousand shillings or to imprisonment for a term of not less than one year: Provided that, no person shall be guilty of an 46 Penal Code [CAP. 16 R.E. 2022] R.L. Cap. 500 s. 36; Act No. 10 of 2013 s. 43 offence under the provisions of this section if the statement was made solely for any one or more of the following purposes, the proof whereof shall lie upon him, that is to say- (a) to show that the Government has been misled or mistaken in any of its measures; (b) to point out errors or defects in the Government or its policies or the Constitution of the United Republic as by law established, or in any legislation or in the administration of justice with a view to the remedying of those errors or defects; (c) to persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic; or (d) to point out, with a view to their removal, any matters which are producing or have a tendency to produce discontent amongst any of the inhabitants of the United Republic or feelings of ill-will and enmity between different classes or communities of persons of the United Republic. (2) For the purposes of this section “an assembly” means a gathering of seven or more persons. (3) No person shall be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions.

Section 63BVerify source

§ 63CHate SpeechRepeal

A person commits an offence if they use, publish, distribute, perform, show, play, provide, produce, or direct certain threatening, abusive, or insulting material or conduct intended or likely to stir up ethnic hatred.

63C.-(1) A person who- (a) uses threatening, abusive or insulting words or behavior, or displays any written material; (b) publishes or distributes written material; (c) presents or directs the performance, the public performance of a play; (d) distributes, shows or plays, a recording of audio or visual images; (e) direct a public performance of a play; or (f) provides, produce or directs a programme, which is threatening, abusive or insulting or 47 Hate speech Act No. 10 of 2013 s. 44 Penal Code [CAP. 16 R.E. 2022] involves the use of threatening, abusive or insulting words or behavior, commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up. (2) Any person who commits an offence under this section shall be liable to a fine of five million shillings or to imprisonment for a term not less than five years or to both. (3) In this section, “hatred” means hatred against a group of persons defined by reference to colour, race, gender, disability, conscience, belief, nationality or ethic or national origins. (4) For the purpose of this section, publishing includes transmitting communication by means of any network services or application services and include printing of material. CHAPTER VIII OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY Repealed

Section 63CVerify source

Part

CHAPTER VIII

§ 6465Repeal

This section has been repealed.

64. [Repealed by Act No. 3 of 1976 s. 55.] Foreign enlistment R.L. Cap. 455 s. 22

Section 64Verify source

§ 6566Commencement

It is an offence to do certain military or naval-related acts without the President’s licence.

65. Any person commits an offence who does any of the following acts without the licence of the President if he- (a) prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in the expedition; (b) being a citizen of the United Republic, accepts to accept any commission or or agrees engagement in the military or naval service of any foreign state at war with any friendly state, or whether a citizen of the United Republic or not, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such 48 Penal Code [CAP. 16 R.E. 2022] foreign state; (c) being a citizen of the United Republic, quits or goes on board any vessel with a view of quitting the United Republic, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or whether a citizen of the United Republic or not, induces any other person to quit or to go on board any vessel with a view of quitting the United Republic with the like intent; (d) being the master or owner of any vessel, knowingly either takes on board or engages to take on board, or has on board the vessel any illegally enlisted persons; or to believe (e) with intent or knowledge, or having reasonable cause the same will be that employed in the military or naval service of any foreign state at war with any friendly state, builds, agrees to build, causes to be built, equips, dispatches, or causes or allows to be dispatched, any vessel, or issues or delivers any commission for any vessel: Provided that, a person building, causing to be built, or equipping a vessel in pursuance of a contract made before the commencement of the war is not liable to any of the penalties specified in this section in respect of the building or equipping if- (i) upon proclamation of neutrality being issued by the President he forthwith gives notice to the Minister for the time being responsible for home affairs that he is so building, causing to be built, or equipping such vessel, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Minister. (ii) gives such security, and takes and permits to be taken such other measures, if any, as the Minister for the time being responsible for 49 Penal Code [CAP. 16 R.E. 2022] home affairs may prescribe for ensuring that the vessel shall not be dispatched, delivered, or removed without the licence of the President until the termination of the war.

Section 65Verify source

§ 66RepealedCommencement

This section defines piracy, makes piracy an offence, and sets life imprisonment as the penalty on conviction.

66.-(1) A person who- (a) does any act of violence or detention, or any act of degradation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed- (i) against another ship or aircraft, or against persons or property on board such ship or aircraft; or Piracy Acts Nos. 14 of 1980 s. 9; 11 of 2010 s. 19 Cap. 4 s. 8 (ii) against a ship, aircraft, persons or the in a place outside property jurisdiction of any state; (b) participates in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; or (c) does any act of inciting or of intentionally facilitating an act referred to in paragraph (a) or (b), commits an act of piracy. (2) A person who does or participate in piracy commits an offence of piracy and on conviction is liable to imprisonment for life. (3) Where a pirate ship is not registered in Tanzania, no prosecution shall be commenced unless there is special arrangement between the arresting state or agency and Tanzania. (4) Prosecution shall not commence under this section without the consent of the Director of Public Prosecutions. (5) For the purposes of this section- “pirate ship or aircraft” means a ship or aircraft under the dominant control of person who- (a) intend to use such ship or aircraft for piracy; or (b) have used such ship or aircraft for piracy, so long as it remains under the control of that 50 Penal Code [CAP. 16 R.E. 2022] person; and “private ship or private aircraft” means a ship or aircraft that is not owned by the Government or held by a person on behalf of or for the benefit of the Government. CHAPTER IX UNLAWFUL ASSEMBLIES AND RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILITY Repealed

Section 66Verify source

Part

CHAPTER IX

§ 6773. RepealedRepeal

This section range was repealed.

67.-73. [Repealed by Ord. No. 11 of 1954 s. 33.] Definition of unlawful assembly and riot

Section 67Verify source

§ 74Definition of unlawful assembly and riotInterpretation

This section defines when a gathering of three or more people is an unlawful assembly, and when such an assembly becomes a riot.

74.-(1) When three or more persons assemble with intent to commit an offence or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighborhood reasonably to fear that the persons so assembled will commit a breach of the peace or will, by that assembly needlessly and without any reasonable occasion, provoke other persons to commit a breach of the peace, they are an unlawful assembly. (2) It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in the manner referred to in subsection (1). (3) When an unlawful assembly has begun to execute the purpose for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled. Punishment for unlawful assembly

Section 74Verify source

§ 75Punishment for unlawful assemblyOffence

A person who takes part in an unlawful assembly commits an offence and may be imprisoned for one year.

75. Any person who takes part in an unlawful assembly is guilty of an offence and is liable to imprisonment for one year. Punishment for riot Making proclamation for rioters to

Section 75Verify source

§ 76Punishment for riotOffence

A person who takes part in a riot commits an offence.

76. Any person who takes part in a riot is guilty of an offence.

Section 76Verify source

§ 77Making proclamation for rioters to disperseProvision

Certain officers may issue a proclamation, in the President’s name, requiring riotous groups to disperse peacefully.

77. A magistrate or, in his absence, a police officer of or above the rank of inspector, or any 51 Penal Code disperse R.L. Caps. 500 s. 7; and 356 s. 11(13) Dispersion of rioters after proclamation Cap. 4 s. 8 Rioting after proclamation Cap. 4 s. 8 Preventing or obstructing making of proclamation [CAP. 16 R.E. 2022] commissioned officer in the military forces of the United Republic, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation in the President’s name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peacefully.

Section 77Verify source

§ 78Dispersion of rioters after proclamationProvision

After a proclamation situation and if 12 or more people remain rioting, authorised persons and police may disperse or arrest them, and may use reasonably necessary force if resisted.

78. Where upon the expiration of a reasonable time after a proclamation is made, or after the making of the proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make a proclamation, or any police officer, or any other person acting in aid of that person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming the resistance, and shall not be liable in any criminal or civil proceedings for having, by the use of such force, caused harm or death to any person.

Section 78Verify source

§ 7980Offence

After a proclamation to disperse, anyone who keeps taking part in a riot or riot assembly after a reasonable time commits an offence and faces five years’ imprisonment.

79. Where a proclamation is made, commanding the persons engaged in a riot or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of the proclamation, takes or continues to take part in the riot or assembly is guilty of an offence, and is liable to imprisonment for five years.

Section 79Verify source

Part

part in the riot or assembly is guilty of an offence, and is

§ 8081Offence

A person who forcibly stops or obstructs a proclamation under section 77 commits an offence and can be imprisoned for 10 years.

80. Any person who forcibly prevents or obstructs the making of a proclamation referred to in section 77 is guilty of an offence and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for five years. Rioters demolishing

Section 80Verify source

§ 8182Offence

People who riotously assemble and unlawfully pull down or destroy buildings, railways, machinery, or structures commit an offence and can be imprisoned for life.

81. Any persons who, being riotously assembled 52 Penal Code buildings, etc. [CAP. 16 R.E. 2022] together, unlawfully pull down or destroy, or begin to pull down or destroy any building, railway, machinery or structures are guilty of an offence, and each of them is liable to imprisonment for life. Rioters damaging buildings, etc.

Section 81Verify source

§ 8283Provision

People who riotously assemble and unlawfully damage items covered by section 81 commit a felony and can be imprisoned for seven years.

82. Any persons who, being riotously assembled together, unlawfully damage any of the things in section 81 are guilty of a felony and each of them is liable to imprisonment for seven years. Riotously interfering with railway, vehicle, etc.

Section 82Verify source

§ 8384. Going armed in publicOffence

All persons commit an offence if, while riotously assembled unlawfully and with force, they obstruct loading, unloading, movement, sailing, or navigation of a railway, vehicle, or vessel, or board one with that intent.

83. All persons are guilty of an offence who being riotously assembled unlawfully and with force, prevent, hinder or obstruct the loading or unloading of any railway, vehicle or vessel, or the starting or transit of any railway or vehicle, or the sailing or navigating of any vessel, or unlawfully and with force board railway, vehicle or vessel with intent so to do. Going armed in public

Section 83Verify source

§ 84Going armed in publicOffence

A person who goes armed in public without lawful occasion and causes terror to someone commits an offence, and the arms may be forfeited.

84. Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any person is guilty of an offence and his arms may be forfeited. Forcible entry

Section 84Verify source

§ 85Forcible entryOffence

Entering land or buildings in a violent way to take possession is forcible entry, unless the land is your own and in a servant’s or bailiff’s custody.

85. Any person who, in order to take possession thereof, enters on any land or tenements in a violent manner, whether the violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, is guilty of forcible entry and, for the purposes of this section it is immaterial whether he is entitled to enter on the land or not: Provided that, a person who enters upon lands or tenements, of his own but which are in the custody of his servant or bailiff does not commit the offence of forcible entry. Forcible detainer

Section 85Verify source

§ 86Forcible detainerProvision

A person who is unlawfully in possession of land and keeps it in a way that may disturb the peace commits forcible detainer.

86. Any person who, being in actual possession of land without color of right, holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace against a person 53 Penal Code [CAP. 16 R.E. 2022] Affray Act No. 1 of 2022 s. 42 Challenge to fight duel Abusive language, brawling and threatening violence Ords. Nos. 48 of 1948 s. 2; 14 of 1950 s. 9; 49 of 1955 s. 7; Acts Nos. 12 of 1962 s. 2; 10 of 2013 s. 45 entitled by law to the possession of the land is guilty of forcible detainer.

Section 86Verify source

§ 87AffrayOffence

A person who joins a fight in a public place commits an offence and can be sentenced to up to six months in prison or a fine of up to one hundred thousand shillings.

87. Any person who takes part in a fight in a public place is guilty of an offence and is liable to imprisonment for six months or to a fine not exceeding one hundred thousand shillings.

Section 87Verify source

§ 8889. Abusive language, brawling and threatening violenceOffence

Any person who challenges someone to a duel, or tries to get someone else to do so, commits an offence.

88. Any person who challenges another to fight a duel or attempts to provoke another to fight a duel or attempts to provoke any person to challenge another to fight a duel is guilty of an offence.

Section 88Verify source

§ 89Abusive language, brawling and threatening violenceOffence

Any person must not use abusive or insulting language, brawl, make disturbances, threaten violence or property damage, or discharge a firearm in the specified circumstances; these acts are offences punishable by imprisonment.

89.-(1) Any person who- (a) uses obscene, abusive or insulting language to any other person in such a manner as is likely to cause a breach of the peace; or (b) brawls or, in any other manner, creates a disturbance in such a manner as is likely to cause a breach of the peace, is guilty of an offence and liable to imprisonment for one year. (2) Any person who- (a) with intent to intimidate or annoy any person, threatens to injure, assault, shoot at or kill any person or to burn, destroy or damage any property; or (b) with intent to alarm any person discharges a firearm or commits any other breach of the peace, is guilty of an offence and is liable to imprisonment for one year and if the offence is committed at night the offender is liable to imprisonment for two years. Watching or besetting Ord. No. 49 of 1955 s. 8; GN. No. 236 of 1961

Section 89Verify source

§ 89AWatching or besettingOffence

Watching or besetting premises or their approaches, when done to stop someone doing something lawful or to force lawful action, is an offence punishable by up to six months’ imprisonment.

89A.-(1) Any person who watches or besets any premises or other place, or the approaches to any such premises or other place with a view to- (a) preventing any other person from doing any act which he may lawfully do; or (b) compelling any other person to do any act 54 Penal Code [CAP. 16 R.E. 2022] Intimidation Ord. No. 5 of 1961 s. 4; GN. No. 236 of 1961 which he may lawfully abstain from doing, is guilty of an offence and is liable to imprisonment for six months: Provided that, the provisions of this section shall not apply to any watching or besetting which is lawful under the provisions of any law relating to trade unions or trade disputes. (2) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions.

Section 89AVerify source

§ 89B89C. Dissuading persons from assisting with self-help schemesOffence

A person must not wrongfully and without legal authority intimidate another person to force them to do, or stop doing, something they have a legal right about.

89B.-(1) Any person who wrongfully and without legal authority intimidates any other person with a view to compelling that other person- (a) to abstain from doing any act which he has a legal right to do; or (b) to do any act which he has a legal right to abstain from doing, is guilty of an offence and is liable on conviction to imprisonment for one year. (2) In this section- “to intimidate” means to cause in the mind of a person a reasonable apprehension of injury to him or to any member of his family or to any of his dependants or of violence or damage to any person or property; “injury” includes injury to a person in respect of his business, occupation, employment or other source of income and also includes any actionable wrong. (3) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. Dissuading persons from assisting with self-help schemes Act No. 61 of 1962 s. 2

Section 89BVerify source

§ 89CDissuading persons from assisting with self-help schemesOffence

It is an offence for a person, with intent to disrupt an approved self-help scheme, to dissuade or try to dissuade others from offering services or helping with the scheme.

89C.-(1) Any person who, with intent to impede, obstruct, prevent or defeat any self-help scheme or type of self-help scheme approved by the Regional Commissioner or the District Commissioner, dissuades or attempts to dissuade any person from offering his services, or from assisting, in connection therewith, shall be guilty of an 55 Penal Code [CAP. 16 R.E. 2022] offence and liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. (2) In any prosecution for an offence against this section the certificate of the Regional Commissioner or the District Commissioner, as the case may be, that a self- help scheme named or described therein was approved by him on a specified date or that self-help schemes of the type described therein were approved by him on or before a specified date, shall be conclusive evidence of such facts. Assembling for purpose of smuggling Act No. 2 of 1972 Sch.

Section 89CVerify source

§ 90Assembling for purpose of smugglingRepeal

Two or more people who gather to unship, carry, or conceal certain customs goods commit an offence.

90. Any two or more persons who assemble together for the purpose of unshipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs are guilty of an offence and each of them is liable to imprisonment for two years. Division II. - Offences against the Administration of Lawful Authority CHAPTER X ABUSE OF OFFICE Repealed

Section 90Verify source

Part

CHAPTER X

§ 9193. RepealedRepeal

Sections 91–93 are repealed.

91.-93. [Repealed by Ord. No. 19 of 1958 s. 15.] Officers charged with administration of property of special character with special duties

Section 91Verify source

§ 94Officers charged with administration of property of specialOffence

A public servant with certain official duties or a private interest in the matter must not use those duties in relation to that same matter.

94. Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and or having acquired or holding, directly or indirectly, a private interest duties in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade, or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of an offence, and is liable to imprisonment for one year. 56 Penal Code [CAP. 16 R.E. 2022] False claims by officials Abuse of office GN. No. 236 of 1961 Cap. 4 s. 8 False certificates by public officers Unauthorised administration of extra- judicial oath Act No. 1 of 2022 s. 50

Section 94Verify source

§ 9596. Abuse of officeOffence

A public servant who knowingly makes a materially false return or statement about payable sums or certification matters commits an offence.

95. Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of an offence.

Section 95Verify source

§ 96Abuse of officeOffence

A public servant who abuses official authority to commit an arbitrary act harming another person’s rights commits an offence.

96.-(1) Any person who, being employed in the public service, does or directs to be done in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of an offence. (2) Where the act done or directed to be done is for purposes of gain, a person convicted of an offence contrary to subsection (1) is liable to imprisonment for three years. (3) A prosecution for an offence under this section shall not be instituted except by or with the sanction of the Director of Public Prosecutions.

Section 96Verify source

§ 9798. Unauthorised administration of extra-judicial oathOffence

A person who is legally authorised or required to give a certificate commits an offence if they knowingly give a certificate that is false in a material particular.

97. Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular is guilty of an offence.

Section 97Verify source

§ 98Unauthorised administration of extra-judicial oathOffence

A person who administers an oath, declaration, affirmation, or affidavit without legal authority commits an offence; certain magistrate, coroner, justice of the peace, and foreign-use exceptions apply.

98. Any person who administers an oath or makes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not, by law, any authority to do so is guilty of an offence and is liable to a fine not exceeding to imprisonment for one year: five million shillings or Provided that, this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate, coroner or justice of the 57 Penal Code [CAP. 16 R.E. 2022] False assumption of authority Act No. 55 of 1963 6th Sch. peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

Section 98Verify source

§ 99100. Personating public officersOffence

Any person commits an offence if they impersonate a judicial officer or other legally authorised public officer, with a limited exception for certain customary arbitration or settlement matters.

99. Any person who- (a) not being a judicial officer, assumes to act as a judicial officer except in circumstances of a customary arbitration or settlement by the tribal elders in any matter arising out of any common assault or other offence of a personal or private nature or any minor civil dispute at customary law is if such arbitration or settlement conducted recognised by in customary law; the manner (b) without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorised by law to do so; or (c) represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised, is guilty of an offence. Personating public officers

Section 99Verify source

§ 100Personating public officersOffence

A person commits an offence if they impersonate, or falsely claim to be, someone employed in the public service in the specified circumstances.

100. Any person who- (a) personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or (b) falsely represents himself to be a person 58 Penal Code [CAP. 16 R.E. 2022] employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment, is guilty of an offence. Threat of injury to persons employed in public service

Section 100Verify source

§ 101Threat of injury to persons employed in public serviceOffence

A person commits an offence if they threaten injury to a public servant, or someone they believe is connected to that public servant, in order to make that person act, refrain from acting, or delay acting in relation to public functions.

101. Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person to be interested, for the purpose of inducing that person to do any act, or to forbear or delay to do any act connected with the exercise of the public functions of that person is guilty of an offence. CHAPTER XI OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE Perjury and subornation of perjury Act No. 55 of 1963 6th Sch. in any

Section 101Verify source

Part

CHAPTER XI

§ 102Perjury and subornation of perjuryProvision

A person commits perjury by knowingly giving false material testimony in judicial proceedings; a person also commits subornation of perjury by helping another person do it.

102.-(1) Any person who, judicial proceedings, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or that in proceeding, is guilty of perjury and it is immaterial- to be raised intended (a) whether or not the testimony is given on oath; (b) that the person giving the testimony and bound to speak the truth assents to the forms and ceremonies actually used in administering the oath or in otherwise binding him; (c) whether the false testimony is given orally or in writing; (d) whether the court or tribunal is properly constituted or is held in the proper place or not if it actually acts as a court or tribunal in the proceeding in which the testimony is given; (e) whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceedings or not. (2) Any person who, aids, abets, counsels, procures or suborns another person to commit perjury is 59 Penal Code [CAP. 16 R.E. 2022] guilty of subornation of perjury. False statements by interpreters

Section 102Verify source

§ 103False statements by interpretersProvision

An interpreter who is lawfully sworn in a judicial proceeding must not wilfully make a material statement that the person knows is false or does not believe is true.

103. Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, is guilty of perjury. Punishment for perjury

Section 103Verify source

§ 104Punishment for perjuryProvision

A person who commits perjury or suborns perjury can be imprisoned for seven years.

104. A person who commits perjury or suborns perjury is liable to imprisonment for seven years. Evidence on charge of perjury Fabricating evidence False swearing Deceiving witnesses

Section 104Verify source

§ 105Evidence on charge of perjuryProvision

A court must not convict a person of perjury or subornation of perjury based only on one witness’s evidence about falsity.

105. A court shall not convict a person of perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

Section 105Verify source

§ 106Fabricating evidenceOffence

A person who, intending to mislead a tribunal in a judicial proceeding, fabricates evidence or knowingly uses fabricated evidence commits an offence and may be imprisoned for seven years.

106. Any persons who, with intent to mislead any tribunal in any judicial proceeding- (a) fabricates evidence by any means other than perjury or subornation of perjury; or the (b) knowingly makes use of fabricated evidence, is guilty of an offence and is liable to imprisonment for seven years.

Section 106Verify source

§ 107False swearingOffence

A person commits an offence if they falsely swear, affirm, or declare before an authorised person on a matter of public concern, where the conduct would be perjury in a judicial proceeding.

107. Any person who swears falsely or makes a false affirmation or declaration before a person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration, if done in a judicial proceeding, would have amounted to perjury, is guilty of an offence.

Section 107Verify source

§ 108Deceiving witnessesOffence

A person commits an offence if they use fraud, deceit, or knowingly false statements to a witness in a judicial proceeding with intent to affect that witness’s testimony.

108. Any person who practises any fraud or deceit or knowingly makes or exhibits any false statement representation, token or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of that person as a witness, is guilty of an offence. Destroying evidence Act No.

Section 108Verify source

§ 109Destroying evidenceOffence

A person commits an offence if they knowingly and wilfully remove, destroy, or make unreadable or unidentifiable any item that may be needed as evidence in a judicial proceeding, intending to stop it being used as evidence.

109. A person who, knowing that any book, document, device or thing of any kind whatsoever is or 60 Penal Code 14 of 2015 s. 55 Conspiracy to defeat justice interference with witnesses Ord. No. 5 of 1961 s. 5; Act No. 2 of 1962 Sch. Unlawful compounding of offences Compounding penal actions [CAP. 16 R.E. 2022] may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of an offence.

Section 109Verify source

§ 110Conspiracy to defeat justice and interference with witnessesOffence

A person commits an offence if they conspire to make false accusations or interfere with the course of justice, including witness attendance and evidence.

110. A person who- (a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or (b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or attempts to do so, is guilty of an offence and is liable to imprisonment for five years.

Section 110Verify source

§ 111Unlawful compounding of offencesOffence

A person commits an offence if they ask for, receive, obtain, or try to get property or a benefit in exchange for agreeing to compound, conceal, delay, discontinue, or otherwise interfere with an offence or prosecution, or to withhold evidence.

111. Any person who asks, receives, or obtains or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal an offence, or will abstain from, discontinue, or delay a prosecution for an offence, or will withhold any evidence thereof, is guilty of an offence.

Section 111Verify source

§ 112Compounding penal actionsOffence

A person who brings, or pretends to bring, a criminal charge to obtain a penalty, and then compounds that charge without court order or consent, commits an offence.

112. Any person who having brought, or under pretence of bringing, against another person a criminal charge founded on any written law in order to obtain from him a penalty for an offence committed or alleged to have been committed by him, compounds the criminal charge without the order or consent of the court in which the charge is brought or is to be brought is guilty of an offence. Advertisement s for stolen property

Section 112Verify source

§ 113Advertisements for stolen propertyOffence

A person commits an offence by publicly offering rewards or repayment related to stolen or lost property in the ways described, or by printing or publishing such an offer.

113. Any person who- (a) publicly offers a reward for the return of any property which has been stolen or lost and in the offer makes use of any words purporting 61 Penal Code [CAP. 16 R.E. 2022] that no questions will be asked or that the person producing such property will not be seized or molested; (b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of the property; or (c) prints or publishes any offer, referred to in paragraph (a) or (b), is guilty of an offence. Contempt of court Acts Nos. 55 of 1963 6th Sch.; 3 of 1995 Sch.; 1 of 2022 ss. 42 and 51; Cap. 4 s. 8

Section 113Verify source

§ 114Contempt of courtOffence

This section makes several acts in or around judicial proceedings an offence, including disrespect, refusing to testify, disrupting proceedings, interfering with witnesses, and certain wrongful conduct after judgments or custody orders.

114.-(1) Any person who- (a) within the premises or the precincts of premises in which any judicial proceeding is being heard or taken, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being heard or taken; (b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document or other thing, or remains in the room in which the proceeding is being heard or taken, after the witnesses have been ordered to leave that room; (c) causes an obstruction or disturbance in the (d) while a course of a judicial proceeding; judicial proceeding is pending, publishes, prints or makes use of any speech or writing, misrepresenting the proceeding, or capable of prejudicing any person in favour of or against any parties to the proceeding, or calculated to lower the authority of any person before whom that proceeding is being heard or taken; 62 Penal Code [CAP. 16 R.E. 2022] (e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; (f) attempts wrongfully interfere with or to influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with the evidence; (g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; (h) wrongfully retakes possession of any land or other property from any person who has recently obtained judgment from a court for the recovery of possession of that land or property; (i) wrongfully retakes possession of a child from any person who has obtained the custody of the child under an order of court; (j) having the means to pay compensation or costs or any other sum in civil or criminal proceedings awarded against him by a primary court, wrongfully refuses or neglects after due notice to make the payment in accordance with any order for payment whether or not by installments; or (k) commits any other act of intentional disrespect to any judicial proceeding or to any person before whom the proceeding is being heard or taken, is guilty of an offence, and is liable to imprisonment for six months or to a fine not exceeding one hundred thousand shillings. (2) When any offence against paragraphs (a), (b), (c), (d), or (k) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody and, at any time before the rising of the court on the same day may take cognisance of the offence and sentence the offender to a fine of four hundred shillings or in default of payment to imprisonment for six months. (3) The provisions of this section shall be deemed 63 Penal Code [CAP. 16 R.E. 2022] to be in addition to and not in derogation from the power of the High Court to punish for contempt of court. (4) Paragraph (b) of subsection (1) shall have effect in relation to proceedings in a primary court in which evidence is not given on oath or affirmation as if the references to a person having been or affirmed included a reference to a person having been required by the court to give evidence in those proceedings. Preventing or obstructing service or execution of process Ord. No. 5 of 1961 s. 6

Section 114Verify source

§ 114APreventing or obstructing service or execution of processOffence

A person must not wilfully obstruct, prevent, interfere with, resist, or avoid service or execution of court process.

114A. Any person who- (a) wilfully obstructs or knowingly prevents or in any way interferes with or resists the service upon himself or any other person of any summons, notice, order, warrant or other process issued by a court for service on himself or such other person, as the case may be; interferes with or resists (b) wilfully obstructs or knowingly prevents or in any way the execution of any summons, notice, order, warrant or other process issued by a court, or any person its execution; or lawfully charged with (c) absconds in order to avoid being served with any summons, notice, order, warrant or other process issued by a court, is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year. CHAPTER XII RESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW Rescue Cap. 4 s. 8

Section 114AVerify source

Part

CHAPTER XII

§ 115RescueOffence

Using force to rescue or try to rescue someone from lawful custody is an offence, with harsher penalties in some custody and charge situations.

115.-(1) Any person, who by force rescues or attempts to rescue from lawful custody any other person- (a) if that other person is under sentence of death or imprisonment for life, or charged with an offence punishable with death or imprisonment for life is guilty of an offence and liable to imprisonment for life; (b) if that other person is imprisoned on a charge 64 Penal Code [CAP. 16 R.E. 2022] or under sentence for any offence other than those referred to in paragraph (a), is guilty of an offence and liable to imprisonment for seven years; or (c) in any other case, is guilty of an offence. (2) Where the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.

Section 115Verify source

§ 116Escape from lawful custodyOffence

A person who escapes from lawful custody commits an offence.

116. A person who escapes from lawful custody is guilty of an offence.

Section 116Verify source

§ 116AAbsence from extramural employmentOffence

A person allowed to work outside prison commits an offence if they do not report at the appointed hour or stay at work, unless they satisfy the court that they had a reasonable and lawful excuse.

116A.-(1) Where any person who has received permission to work outside a prison pursuant to the provisions of the Prisons Act, fails to present himself at the appointed hour or absents himself from work, he is guilty of an offence unless he satisfies the court that he had a reasonable and lawful excuse for so doing. (2) A sentence of imprisonment imposed for an offence against subsection (1) shall be in addition to any imprisonment to which the person sentenced is already liable and which he is ordered to suffer under the Prisons Act.

Section 116AVerify source

§ 117Aiding prisoners to escapeOffence

It is an offence for a person to help a prisoner escape, or to bring or send anything into a prison to help a prisoner escape.

117. A person who- (a) aids a prisoner in escaping or attempting to escape from lawful custody; or (b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner, is guilty of an offence and is liable to imprisonment for seven years. Escape from lawful custody Absence from extramural employment Act No. 34 of 1967 Cap. 58 Cap. 4 s. 8 Cap. 58 Aiding prisoners to escape Removal, etc., of property under lawful seizure

Section 117Verify source

§ 118Removal, etc., of property under lawful seizureRepeal

A person must not knowingly interfere with property that has been attached or taken under a court’s authority, if doing so is meant to hinder or defeat the process.

118. Any person who, when any property has been attached or taken under the process of authority of any court, knowingly and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes of the property, is guilty of an offence and is liable to imprisonment for three years. 65 Penal Code [CAP. 16 R.E. 2022] Repealed

Section 118Verify source

§ 119RepealedRepeal

This section was repealed.

119. [Repealed by Ord. No. 5 of 1961 s. 7.] CHAPTER XIII MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY Frauds and breaches of trust by public officers Act No. 2 of 1972 Sch.

Section 119Verify source

Part

CHAPTER XIII

§ 120Frauds and breaches of trust by public officersOffence

Public servants who commit fraud or breach of trust affecting the public while doing their official duties commit an offence and may be imprisoned for seven years.

120. A person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of an offence and shall be liable to imprisonment for seven years. Neglect of official duty

Section 120Verify source

§ 121Neglect of official dutyOffence

A public servant who wilfully fails to do a duty required by law may commit an offence, unless doing the duty would involve greater danger than an ordinarily courageous and active person would be expected to face.

121. A person employed in the public service who wilfully neglects to perform any duty which he is bound either by common law or by any written law to perform, unless the discharge of the duty is not attended with greater danger than a man of ordinary courage and activity might be expected to encounter, is guilty of an offence. False information to person employed in public service

Section 121Verify source

§ 122False information to person employed in public serviceOffence

A person must not give false information to someone employed in the public service if the person knows or believes it is false and means, or knows it may, cause improper action or misuse of lawful power.

122. Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause that person- (a) to do or omit anything which that person ought not to do or omit, if the true state of facts respecting which the information is given were known to him; or (b) to use the lawful power of that person to the injury or annoyance of any person, shall be guilty of an offence and shall be liable to imprisonment for six months or to a fine of one hundred thousand shillings or to both. Disobedience of statutory duty

Section 122Verify source

§ 123Disobedience of statutory dutyOffence

A person who wilfully breaks written law by doing a forbidden act or failing to do a required act concerning the public commits an offence and can be imprisoned for two years, unless another law provides a different punishment.

123. A person who wilfully contravenes any written law by doing any act which it forbids or by omitting to do any act which it requires to be done and which concerns the public or any part of the public, is guilty of an offence and is liable, unless a different 66 Penal Code [CAP. 16 R.E. 2022] Disobedience of lawful orders punishment is provided by that or any other law for the disobedience, to imprisonment for two years.

Section 123Verify source

§ 124Disobedience of lawful ordersRepeal

A person who disobeys a duly made or issued order, warrant, or command from a court or authorised public officer commits an offence and may be imprisoned for two years, unless another penalty or procedure is expressly provided.

124. A person who disobeys any order, warrant or command duly made, issued or given by a court, an officer or person acting in any public capacity and duly authorised in that behalf, is guilty of an offence and is liable, unless any other penalty or mode or proceeding is expressly prescribed in respect of that disobedience, to imprisonment for two years. Repealed

Section 124Verify source

§ 124ARepealedRepeal

Section 124A is repealed.

124A. [Repealed by Act No. 15 of 1971 s. 9.] Division III.- Offences Injurious to the Public in General CHAPTER XIV OFFENCES RELATING TO RELIGION AND BURIALS Insulting religion Disturbing religious assemblies Act No. 10 of 2013 s. 46 Cap. 4 s. 8 Trespassing on burial or other places

Section 124AVerify source

Part

CHAPTER XIV

§ 125126. Disturbing religious assembliesOffence

Any person who destroys, damages, or defiles a place of worship or a sacred object, with intent to insult a religion or knowing it will likely be seen as an insult, commits an offence.

125. Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion is guilty of an offence.

Section 125Verify source

§ 126Disturbing religious assembliesOffence

A person who voluntarily disturbs a lawful religious worship or ceremony assembly commits an offence.

126. Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony commits an offence and upon conviction is liable to a fine of not less than three million shillings or to imprisonment for a term not exceeding two years.

Section 126Verify source

§ 127Trespassing on burial or other placesOffence

A person commits an offence if, with the required intent or knowledge, they trespass in a place of worship or burial/funeral place, insult or disturb funeral-related remains or ceremonies, or offer indignity to a human corpse.

127. A person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the 67 Penal Code [CAP. 16 R.E. 2022] Hindering burial of dead body Act No. 5 of 1963 s. 2 performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of an offence.

Section 127Verify source

§ 128Hindering burial of dead bodyOffence

It is an offence to unlawfully hinder a burial, tamper with a dead body without lawful authority or contrary to the Minister’s rules, or wilfully fail to carry out a burial duty.

128. Any person who unlawfully hinders the burial of the dead body of any person or who, without lawful authority in that behalf or otherwise than in accordance with rules made by the Minister responsible for health, which rules the Minister is hereby authorised to make, disinters, dissects or causes damage to the dead body of any person or who, being under a duty to cause the dead body of any person to be buried, wilfully and without lawful authority in that behalf neglects to perform that duty, shall be guilty of an offence. Uttering word with intent to wound religions feelings Act No. 10 of 2013 s. 47 Cap. 4 s. 8

Section 128Verify source

§ 129Uttering words with intent to wound religious feelingsInterpretation

A person must not deliberately say, sound, gesture, or place an object to wound another person’s religious feelings; doing so is an offence.

129. Any person who, with the deliberate intention of wounding the religious feelings of any person, utters any word, or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, commits an offence and upon conviction is liable to a fine of not less than three million shillings or to imprisonment for a term of not less than one year. CHAPTER XV OFFENCES AGAINST MORALITY Definition of woman Ord. No 10 of 1936

Section 129Verify source

Part

CHAPTER XV

§ 129ADefinition of womanInterpretation

This section defines “woman” as any female person, generally regardless of age unless the context or another express provision requires otherwise.

129A. In this Chapter “woman” means any female person and, unless the context requires otherwise or it is otherwise expressly provided, irrespective of age. Rape Acts. Nos. 4 of 1998 s. 5; 21 of 2009 s. 176 Cap. 4 s. 8

Section 129AVerify source

§ 130RapeOffence

130.-(1) It is an offence for a male person to rape a girl or a woman. (2) A male person commits the offence of rape if he has sexual intercourse with a girl or a woman under circumstances following falling under any of descriptions: the 68 Penal Code [CAP. 16 R.E. 2022] (a) not being his wife, or being his wife who is separated from him without her consenting to it at the time of the sexual intercourse; (b) with her consent where the consent has been obtained by the use of force, threats or intimidation by putting her in fear of death or of hurt or while she is in unlawful detention; (c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by any drugs, matter or thing, administered to her by the man or by some other person unless proved that there was prior consent between the two; (d) with her consent when the man knows that he is not her husband, and that her consent is given because she has been made to believe that he is another man to whom, she is, or believes herself to be, lawfully married; (e) with or without her consent when she is under eighteen years of age, unless the woman is his wife who is fifteen or more years of age and is not separated from the man. (3) Whoever- (a) being a person in a position of authority, takes advantage of his official position, and commits rape on a girl or a woman in his official relationship or wrongfully restrains and commits rape on the girl or woman; (b) being on the management or on the staff of a remand home or other place of custody, established by or under law, or of a women’s or children’s institution, takes advantage of his position and commits rape on any woman inmate of the remand home, place of custody or institution; (c) being on the management or staff of a hospital, school, day care center, children's home or any other institution, organisation or agency where there is a duty of care, takes 69 Penal Code [CAP. 16 R.E. 2022] advantage of his position and commits rape on a girl or woman; (d) being a traditional healer takes advantage of his position and commits rape on a girl or a woman who is his client for healing purposes; (e) being a religious leader takes advantage of his position and commits rape on a girl or woman. (4) For the purposes of proving the offence of (a) penetration however slight is sufficient to constitute the sexual intercourse necessary to the offence; and (b) evidence of resistance such as physical injuries to the body is not necessary to prove that sexual intercourse took place without consent. rape- (5) For the purposes of this section spouses shall be deemed lawfully separated even if the separation is arranged by the family or clan members.

Section 130Verify source

§ 131Punishment for rapeOffence

Rape is punishable by life imprisonment, or at least 30 years plus corporal punishment, a fine, and court-ordered compensation; special sentencing rules apply for offenders under 18 and for rape of a girl under 10.

131.-(1) Any person who commits rape is, except in the cases provided for in the renumbered subsection (2), liable to be punished with imprisonment for life, and in any case for imprisonment of not less than thirty years with corporal punishment, and with a fine, and shall in addition be ordered to pay compensation of an amount determined by the court, to the person in respect of whom the offence was committed for the injuries caused to such person. (2) Notwithstanding the provisions of any law, where the offence is committed by a boy who is of the age of eighteen years or less, he shall- (a) if a first offender, be sentenced to corporal punishment only; (b) if a second time offender, be sentenced to imprisonment for a term of twelve months with corporal punishment; Punishment for rape Acts Nos. 4 of 1998 s. 6; 19 of 2007 s. 8; 21 of 2009 s. 177 (c) if a third time and recidivist offender, be five years with corporal to sentenced punishment. 70 Penal Code [CAP. 16 R.E. 2022] (3) Subject to the provisions of subsection (2), a person who commits an offence of rape of a girl under the age of ten years shall on conviction be sentenced to life imprisonment. Punishment for gang rape Acts Nos. 4 of 1998 s. 7; 19 of 2007 s. 8 Attempt rape Acts Nos. 4 of 1998 s. 8; 3 of 2011 s. 6

Section 131Verify source

§ 131APunishment for gang rapeOffence

If rape is committed by a group, each participant is treated as having committed gang rape. A person convicted of gang rape must be sentenced to life imprisonment, unless subsection (3) applies.

131A.-(1) Where the offence of rape is committed by one or more persons in a group of persons, each the person commission of the offence is deemed to have committed gang rape. the group committing or abetting in (2) Subject to provision of subsection (3), every person who is convicted to gang rape shall be sentenced to imprisonment for life, regardless of the actual role he played in the rape. (3) Where the commission or abetting the commission of a gang rape involves a person of or under the age of eighteen years the court shall, in lieu of sentence of imprisonment, impose a sentence of corporal punishment based on the actual role he played in the rape.

Section 131AVerify source

§ 132Attempted rapeOffence

Attempted rape is an offence, with penalties that can include life imprisonment or a minimum prison term, and special sentences apply when the offender is under 18.

132.-(1) Any person who attempts to commit rape commits the offence of attempted rape, and except for the cases specified in subsection (3) is liable upon conviction to imprisonment for life, and in any case shall be liable to imprisonment for not less than thirty years with or without corporal punishment. (2) A person attempts to commit rape if, with the intent to procure prohibited sexual intercourse with any girl or woman, he manifests his intention by- (a) threatening the girl or woman for sexual purposes; (b) being a person of authority or influence in relation to the girl or woman, applying any act of intimidation over her for sexual purposes; (c) making any false representations for her for the purposes of obtaining her consent; (d) representing himself as the husband of the girl or woman, and the girl or woman is put in a position where, but for the occurrence of anything independent of that person’s will, she 71 Penal Code [CAP. 16 R.E. 2022] would be involuntarily carnally known. (3) Where a person commits the offence of attempted rape by virtue of manifesting his intention in the manner specified in subsection (2)(c) or (d), he shall be liable to imprisonment for life and in any case for imprisonment of not less than ten years. (4) Where the offence of attempted rape is committed by a person who is of the age below eighteen years, he shall,- (a) where a first time offender, be sentenced to corporal punishment of five strokes; (b) where a second time offender, be sentenced to a term of six months; (c) where a third time offender or habitual offender, be sentenced to twelve months.

Section 132Verify source

§ 133AbductionOffence

Any person who abducts a woman with the stated sexual or marriage-related intent commits an offence and may be imprisoned for seven years.

133. Any person who with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or to have sexual intercourse with any other person, takes her away, or detains her, against her will, is guilty of an offence and is liable to imprisonment for seven years. Abduction Abduction of girls under sixteen

Section 133Verify source

§ 134Abduction of girls under sixteenOffence

A person commits an offence if they unlawfully take an unmarried girl under 16 from her parent’s or lawful carer’s custody or protection against that parent’s or carer’s will.

134. Any person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her parent or other person having lawful care or charge of her and against the will of the parent or of that person is guilty of an offence. Sexual assault on persons and indecent assault on women Ord. No. 47 of 1954 s. 3; Act No. 4 of 1998 s. 9

Section 134Verify source

§ 135Sexual assault on persons and indecent assaults on womenRepeal

A person who intentionally causes sexual annoyance by words, sounds, gestures, or displayed words/objects commits sexual assault and may be punished by up to 5 years’ imprisonment, a fine, or both.

135.-(1) Any person who, with the intention to cause any sexual annoyance to any person utters any word or sound, makes any gesture or exhibits any word or object intending that such word or object shall be heard, or the gesture or object shall be seen, by that other person, commits an offence of sexual assault and is liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding three hundred thousand shillings or to both. (2) Where a charge for sexual assault under this section relates to a boy or girl under the age of eighteen 72 Penal Code [CAP. 16 R.E. 2022] years, it shall be no defence to the charge that the boy or girl consented to the act constituting the assault. Repealed

Section 135Verify source

§ 136RepealedRepeal

This section has been repealed.

136. [Repealed by Act No. 4 of 1998 s. 10.] Defilement of idiots or imbeciles Defilement by husband of wife under eighteen, etc. Ord. No. 4 of 1954; Acts Nos. 4 of 1998 s. 11; 21 of 2009 s. 178

Section 136Verify source

§ 137Defilement of idiots or imbecilesOffence

A person commits an offence if, knowing a woman is an idiot or imbecile, they have or attempt unlawful sexual intercourse with her outside rape circumstances.

137. Any person who, knowing a woman to be an idiot or imbecile, has or attempts to have unlawful sexual intercourse with her in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the woman was an idiot or imbecile, is guilty of an offence and is liable to imprisonment for fourteen years, with or without corporal punishment.

Section 137Verify source

§ 138Defilement by husband of wife under eighteen, etcOffence

This section makes it an offence to have, attempt, or procure sexual intercourse involving a married woman under 18, and sets prison terms of 10 or 14 years.

138.-(1) Any person who, being married to a woman under the age of eighteen years, has or attempts to have sexual intercourse with her, whether with or without her consent, before she has attained the age of eighteen years, is guilty of an offence and is liable to imprisonment for ten years. (2) Any person who being a parent of or having custody of a woman under the age of eighteen years parts with the possession, or otherwise disposes of, the girl with the intention that the girl shall, while still under the age of eighteen years and whether with or without her consent, have sexual intercourse with her husband or knowing it to be likely that the woman will, while still under the age of eighteen years, have sexual intercourse, is guilty of an offence and is liable to imprisonment for fourteen years. (3) Any person who procures or attempts to procure any married woman under the age of eighteen years with intent that she shall have sexual intercourse with her husband, whether with or without her consent, when she is under the age of eighteen years, is guilty of an offence and is liable to imprisonment for ten years. (4) It shall not be a defence to a charge under subsection (3) that the person procuring the woman is the husband of the woman. (5) It shall be a defence to a charge under this section- 73 Penal Code [CAP. 16 R.E. 2022] Act of gross indecency between persons Act No. 4 of 1998 s. 12 Cap. 4 s. 8 Sexual exploitation of children Acts Nos. 4 of 1998 s. 12; 21 of 2009 s. 179 (a) if the woman in relation to whom a person is charged appears to the court to have attained the age of eighteen years; or (b) if the court is of the opinion that the person charged had reasonable cause to believe and did infact believe that the woman was of or above the age of eighteen years.

Section 138Verify source

§ 138AActs of gross indecency between personsOffence

A person who commits, helps commit, or tries to procure an act of gross indecency with another person in public or private commits an offence and may be imprisoned or fined.

138A.-(1) Any person who, in public or private, commits, or is party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, is guilty of an offence and liable on conviction to imprisonment for a term of not less than one year and not exceeding five years or to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings. (2) Notwithstanding subsection (1) where the offence is committed by a person of eighteen years of age or more in respect of any person under eighteen years of age, a pupil of a primary school or a student of a secondary school liable on conviction to imprisonment for a term not less than ten years, with corporal punishment, and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person. the offender shall be

Section 138AVerify source

§ 138BSexual exploitation of childrenOffence

A person who knowingly enables or procures a child for sexual abuse or related exploitation commits an offence and can be imprisoned for 15 to 30 years, with no fine option.

138B.-(1) Any person who- (a) knowingly permits any child to remain in any premises for the purposes of causing such child to be sexually abused or to participate in any form of sexual activity or in any obscene or indecent exhibition or show; (b) acts as a procurer of a child for the purposes of sexual intercourse or for any form of sexual abuse, or indecent exhibition or show; (c) induces a person to be a client of a child for sexual intercourse or for any form of sexual abuse, or indecent exhibition or show, by 74 Penal Code [CAP. 16 R.E. 2022] means of print or other media, oral advertisements or other similar means; (d) takes advantage of his influence over, or his relationship to, a child, to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show; (e) threatens, or uses violence towards, a child to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show; (f) gives monetary consideration, goods or other benefits to a child or his parents with intent to procure the child for sexual intercourse or any form of sexual abuse or indecent exhibition or show, commits an offence of sexual exploitation of children and is liable upon conviction to imprisonment for a term of not less than fifteen years and not exceeding thirty years without option of fine. (2) The court may, in addition, order for compensation of such amount of money to be paid to the victim. Grave sexual abuse Acts Nos. 4 of 1998 s. 12; 21 of 2009 s. 180; 1 of 2020 s. 42; 1 of 2022 s. 52 for

Section 138BVerify source

§ 138CGrave sexual abuseOffence

A person commits grave sexual abuse if they do a sexual act for gratification in the listed circumstances, including without consent, by coerced consent, while the other person is intoxicated or of unsound mind, or involving a person under 18.

138C.-(1) Any person who, sexual gratification, does any act, by the use of his genital or any other part of the human body or any instrument or any orifice or part of the body of another person, being an act which does not amount to rape under section 130, commits the offence of grave sexual abuse if he does so in circumstances falling under any of the following descriptions, that is to say- (a) without the consent of the other person; (b) with the consent of the other person where the consent has been obtained by the use of force, threat or intimidation or putting that other person in fear of death or of hurt or while that other person was in unlawful detention; (c) with the consent of the other person where such consent has been obtained at a time the other person was of unsound mind or was in a 75 Penal Code [CAP. 16 R.E. 2022] state of intoxication induced by alcohol or any drugs, matter or thing; (d) with or without the consent of a person who is under the age of eighteen years. (2) Any person who- (a) commits grave sexual abuse is liable, on conviction to imprisonment for a term of not less than eighteen years and not exceeding thirty years, with corporal punishment, and shall also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for the injuries caused to that person; (b) commits grave sexual abuse on any person under eighteen years of age, is liable on conviction to imprisonment for a term of not less than twenty years and not exceeding thirty years, and shall also be ordered to pay compensation of an amount determined by the court to any person in respect of whom the offence was committed for injuries caused to that person. Sexual harassment Act No. 4 of 1998 s. 12

Section 138CVerify source

§ 138DSexual harassmentOffence

This section makes sexual harassment an offence and sets penalties of up to five years’ imprisonment, a fine up to 200,000 shillings, or both, with possible court-ordered compensation.

138D.-(1) Any person who, with intention, assaults or by use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person, commits an offence of sexual harassment and is liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding two hundred thousand shillings or to both and may also be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for any injuries caused to that person. (2) Whoever, intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object including any organ whether male or feminine, intending that such word or sound shall be 76 Penal Code [CAP. 16 R.E. 2022] Procuration for prostitution Ords. Nos. 47 of 1954 s. 3; 49 of 1955 s. 9; Act No. 4 of 1998 s. 13 Cap. 4 s. 8 heard, or that the gesture or object shall be seen by the woman, or intrudes upon the privacy of the woman, commits the offence of sexual harassment. (3) For the avoidance of doubt, unwelcome sexual advances by words or actions used by a person in authority, in a working place or any other place, shall constitute the offence of sexual harassment. (4) For the purposes of this section an assault may include any act which does not amount to rape under section 130. (5) No prosecution for an offence under this section shall be instituted or continued where the complaint is made by the alleged victim at any time more than sixty days after the occurrence of the event constituting the offence.

Section 138DVerify source

§ 139Procuration for prostitutionOffence

A person commits an offence if they procure, attempt to procure, bring, remove, or detain someone for prostitution, brothel-related purposes, prohibited sexual intercourse, or sexual abuse.

139. Any person who- (a) procures, or attempts to procure, any person, whether male or female of whatever age, whether with or without the consent of that person, to become, within or outside, the United Republic, a prostitute; (b) procures, or attempts to procure, any person under eighteen years of age, to leave the United Republic, whether with or without the consent of that person, with a view to the facilitation of prohibited sexual intercourse with any person outside the United Republic, or removes, or attempts to remove from the United Republic, that person, whether with or without the consent of that person, for that purpose; (c) procures, or attempts to procure, any person of whatever age, to leave the United Republic, whether with or without the consent of that person, with intent that, that person may become the inmate of, or frequent a brothel elsewhere, or removes or attempts to remove, from the United Republic any such person, whether with or without the consent of that 77 Penal Code [CAP. 16 R.E. 2022] person, for that purpose; (d) brings, or attempts to bring, into the United Republic, any person under eighteen years of age, with a view to have prohibited sexual intercourse with any other person, inside or outside the United Republic; (e) procures, or attempts to procure, any person of whatever age, whether with or without the consent of that person, to leave that person’s usual place of abode in the United Republic, that place not being a brothel, with intent that the purposes of for that person may, prostitution become the inmate of, or frequent, a brothel within or outside the United Republic; (f) detains any person without the consent of that person in any brothel or other premises with a view to have prohibited sexual intercourse or sexual abuse of that person, commits an offence of procuration and is liable on conviction to imprisonment for a term of not less than ten years and not exceeding twenty years or to a fine of not thousand shillings and not less exceeding three hundred thousand shillings or to both. than one hundred

Section 139Verify source

§ 139ARepealedRepeal

Section 139A was repealed.

139A. [Repealed by Act No. 6 of 2008 s. 38.]

Section 139AVerify source

§ 140Procuring rapeRepeal

A person must not use threats, false statements, or drugs to procure prohibited sexual intercourse with a girl or woman.

140. Any person who- (a) by any threats or intimidation procures or attempts to procure any girl or woman to have any prohibited sexual intercourse inside or outside the United Republic; or (b) by false pretences or false representations procures, any girl or woman to have prohibited sexual intercourse anywhere inside or outside the United Republic; or (c) applies, administers to, or causes to be taken by any girl or woman any drug, matter or thing with intent to stupefy or overpower her so as thereby to enable any man to have 78 Repealed Procuring rape Ord. No. 49 of 1955 s. 7; Acts Nos. 4 of 1998 s. 15; 9 of 2002 Sch. Penal Code [CAP. 16 R.E. 2022] prohibited sexual intercourse with her, three hundred commits an offence and is liable on conviction to a fine of not less than one hundred thousand shillings and not exceeding shillings or imprisonment for a term of not less than ten years and not exceeding twenty years or to both and shall be ordered to pay compensation of an amount to be determined by the court. thousand House holder, etc., permitting defilement of girl on his premises Acts Nos. 21 of 2009 s. 181; 1 of 2022 s. 53 House holder etc., permitting defilement of girl under eighteen years of age on his premises Act No. 21 of 2009 s. 182

Section 140Verify source

§ 141Householder, etc., permitting defilement of girl on his premisesOffence

A person responsible for premises commits an offence if they induce or knowingly allow a girl under 15 to be there for sexual intercourse with any man.

141. Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman under the age of fifteen years to resort to or be upon those premises for the purpose of sexual intercourse with any man whether such sexual intercourse is intended to be with any particular man or generally, is guilty of an offence and is liable to imprisonment for five years.

Section 141Verify source

§ 142Householder, etc., permitting defilement of girl under eighteenOffence

A premises owner, occupier, manager, or similar person must not let a girl aged over 15 and under 18 be on the premises for unlawful sexual intercourse with a man; a mistaken but reasonable belief that she was at least 18 is a defence.

142. Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman above the age of fifteen years and under the age of eighteen years to resort to or be upon the premises for the purpose of unlawful sexual intercourse with a man, whether such intercourse intended to be with any particular man or generally, is guilty of an offence: Provided that, it shall be a sufficient defence to a charge under this section if it is made to appear to the court before which that person is charged that he had reasonable cause to believe and did in fact believe that the woman was of or above the age of eighteen years. Detention in any premises with intent, or in brothel

Section 142Verify source

§ 143Detention in any premises with intent, or in brothelOffence

It is an offence to detain a woman against her will in premises or in a brothel for unlawful sexual intercourse, and the section also treats withholding her property or threatening legal action to keep her there as detention.

143.-(1) Any person who detains a woman against her will- (a) in or upon any premises with intent that she may have unlawful sexual intercourse with any man, whether any particular man or generally; or (b) in any brothel, 79 Penal Code [CAP. 16 R.E. 2022] is guilty of an offence. (2) When a woman is in or upon any premises for the purpose of having unlawful sexual intercourse or is in any brothel, a person shall be deemed to detain her there if, with intent to compel or induce her to remain in or upon the premises or in the brothel, that person withholds from her any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to her by or by the directions of that person, that person threatens her with legal proceedings if she takes away with her the wearing apparel so lent or supplied. (3) No legal proceedings, whether civil or criminal, shall be taken against any woman referred to in this section for taking away or being found in possession of any wearing apparel as was necessary to enable her to leave the premises or brothel.

Section 143Verify source

§ 144Power of searchProvision

A magistrate may issue a warrant to search for a woman suspected of being unlawfully detained for immoral purposes and to detain her in a place of safety until she is brought before a magistrate.

144.-(1) Where it appears to a magistrate, on information made before him on oath by a parent, relative or guardian of a woman or any other person who, in the opinion of the magistrate, is acting bona fide in the interests of the woman or person that there is reasonable cause to suspect that that woman is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of the magistrate, the magistrate may issue a warrant authorising the person named therein to search for, and, when found, to take to and detain her in a place of safety until she can be brought before a magistrate; and the magistrate before whom she is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require. (2) A magistrate issuing the warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining the woman to be apprehended and brought before a magistrate and proceedings to be taken for punishing that person according to law. (3) A woman shall be deemed to be unlawfully detained for immoral purposes if she is so detained for 80 Power of search Acts Nos. 55 of 1963 6th Sch.; 21 of 2009 s. 183; 1 of 2022 s. 54; Cap. 4 s. 8 Penal Code [CAP. 16 R.E. 2022] purposes of unlawful sexual intercourse whether with any particular man or generally; and- (a) either she is under the age of sixteen years; (b) if she is of or over the age of eighteen years and under the age of sixteen years, is so detained against her will or against the will of any of her parents or of any person having the lawful care or charge of her; or (c) if she is of or over the age of eighteen years and is so detained against her will. (4) Any person authorised by warrant under this section to search for a woman so detained may enter, if need be by force, any house, building or other place mentioned in the warrant, and may remove her therefrom.

Section 144Verify source

§ 145Male person living on earnings of prostitution or persistentlyOffence

A male person commits an offence if he knowingly lives on the earnings of prostitution or persistently solicits in a public place for immoral purposes.

145.-(1) A male person who- (a) knowingly lives wholly or in part on the earnings of prostitution; or (b) in any public place persistently solicits or importunes for immoral purposes, is guilty of an offence and in the case of a second or subsequent conviction under this section the court may, in addition to any term of imprisonment awarded, sentence the offender to corporal punishment. (2) Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such manner as to show that he is aiding, abetting or compelling her prostitution with any other person or generally, he shall unless he satisfies the court to the contrary be deemed to be knowingly living on the earnings of prostitution.

Section 145Verify source

§ 146Woman living on, or aiding, prostitutionOffence

A woman commits an offence if she knowingly lives on the earnings of prostitution or, for gain, controls or influences a prostitute’s movements in a way that shows she is aiding, abetting, or compelling prostitution.

146. A woman who knowingly lives wholly or in part on the earnings of prostitution or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of an offence. 81 Male person living on earnings of prostitution or persistently soliciting Woman living on, or aiding prostitution Penal Code [CAP. 16 R.E. 2022] Power of search Act No. 21 of 2009 s. 184 Cap. 4 s. 8

Section 146Verify source

Part

part on the earnings of prostitution or who is proved to

§ 147Power of searchProvision

A magistrate may issue a warrant, on sworn information and suspicion of prostitution-related use of a house, allowing police to enter, search, and arrest a person.

147. Where it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a person for purposes of prostitution, or that any person residing in or frequenting the house is knowingly living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorising any police officer to enter and search the house and to arrest such person. Brothels

Section 147Verify source

Part

part on the earnings of the prostitute, or is exercising

§ 148BrothelsOffence

A person must not keep any house, room, set of rooms, or other place for prostitution.

148. Any person who keeps a house, room, set of rooms or place of any kind whatsoever for the purposes of prostitution is guilty of an offence. Conspiracy to induce unlawful sexual intercourse Ord. No. 47 of 1954 s. 3 Attempts to procure abortion Procuring own miscarriage

Section 148Verify source

§ 149Conspiracy to induce unlawful sexual intercourseOffence

A person who conspires to use false or fraudulent means to induce a woman to permit unlawful sexual intercourse commits an offence and may be imprisoned for three years.

149. Any person who conspires with another to induce any woman, by means of any false pretence or other fraudulent means, to permit a man to have unlawful sexual intercourse with her is guilty of an offence and is liable to imprisonment for three years.

Section 149Verify source

§ 150Attempts to procure abortionOffence

Any person who intentionally tries to procure a woman’s miscarriage by unlawful means commits an offence and may be imprisoned for 14 years.

150. Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, is guilty of an offence and is liable to imprisonment for fourteen years.

Section 150Verify source

§ 151Procuring own miscarriageOffence

A pregnant woman who unlawfully tries to cause her own miscarriage, including by taking poison or using force, commits an offence and may be imprisoned for seven years.

151. A woman being with child who with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, or permits any such thing or means to be administered or applied to her, is guilty of an offence and is liable to imprisonment for seven years. Supplying drugs or

Section 151Verify source

§ 152Supplying drugs or instruments to procure abortionOffence

A person who unlawfully supplies or procures anything intended to be unlawfully used to cause a miscarriage commits an offence and may be imprisoned for three years.

152. Any person who unlawfully supplies to or 82 Penal Code instruments to procure abortion [CAP. 16 R.E. 2022] procures for another anything whatsoever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, to imprisonment for three years. is guilty of an offence, and liable is Knowledge of age of female immaterial

Section 152Verify source

§ 153Knowledge of age of female immaterialOffence

For offences involving a woman under a specified age, the accused’s lack of knowledge or mistaken belief about her age is irrelevant unless the provision expressly states otherwise.

153. Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman under a specified age, that the accused person did not know that the woman was under that age, or believed that she was not under that age.

Section 153Verify source

§ 154Unnatural offencesOffence

Any person who engages in the listed acts commits an offence and may face life imprisonment, with a minimum term of 30 years in one case; if the offence is committed against a child under 18, life imprisonment applies.

154.-(1) Any person who- (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence, and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years. (2) Where the offence under subsection (1) is committed to a child under the age of eighteen years the offender shall be sentenced to life imprisonment.

Section 154Verify source

§ 155Attempt to commit unnatural offencesOffence

A person who tries to commit an offence listed in section 154 commits an offence and can be jailed for at least 20 years if convicted.

155. Any person who attempts to commit any of the offences specified under section 154 commits an offence and shall, on conviction, be sentenced to imprisonment for a term of not less than twenty years. Unnatural offences Ord. No. 47 of 1954 s. 3; Acts Nos. 4 of 1998 s. 16; 21 of 2009 s. 185 Attempt to commit unnatural offences Ord. No. 47 of 1954 s. 3; Act No. 4 of 1998 s. 17 Indecent assault of boys under fourteen Ord. No. 10 of 1959 s. 3; Acts Nos. 4 of 1998

Section 155Verify source

§ 156Indecent assault of boys under fourteenOffence

A person who unlawfully and indecently assaults a boy under 18 commits an offence and may be imprisoned for life.

156.-(1) Any person who unlawfully and indecently assaults a boy under the age of eighteen years is guilty of an offence and is liable to imprisonment for life. (2) Where a charge for indecent assault under this section relates to a boy under the age of fifteen years, it 83 Penal Code s. 18; 21 of 2009 s. 186 Indecent practices between males Ord. No. 47 of 1954 s. 3 Incest by males Act No. 4 of 1998 s. 19 Order for guardianship [CAP. 16 R.E. 2022] shall be no defence to the charge that he consented to the act of indecency.

Section 156Verify source

§ 157Indecent practices between malesOffence

Any male person who commits, procures, or tries to procure gross indecency with another male person commits an offence and can be imprisoned for five years.

157. Any male person who, whether in public or private, commits any act of gross indecency with another male person or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person, with himself or with another male person, whether in public or private, is guilty of an offence and is liable to imprisonment for five years.

Section 157Verify source

§ 158Incest by malesOffence

158.-(1) Any male person who has prohibited sexual intercourse with a female person, who is to his knowledge his granddaughter, daughter, sister or mother, commits the offence of incest, and is liable on conviction- (a) if the female is of the age of less than eighteen years, to imprisonment for a term of not less than thirty years; (b) if the female is of the age of eighteen years or more, to imprisonment for a term of not less than twenty years. (2) It is immaterial that the sexual intercourse was had with the consent of the woman. (3) A male person who attempts to commit an offence under this section is guilty of an offence.

Section 158Verify source

§ 159Order for guardianshipOffence

If someone is convicted under section 158 for an offence against a woman under 21, the court may remove the offender’s authority, change guardianship, and appoint a guardian.

159. On the conviction before any court of any person of an offence under section 158, against any woman under the age of twenty-one years, the court may divest the offender of all authority over the woman and, if the offender is her guardian, remove the woman from offender’s guardianship, and in any such case may appoint any person or persons to be the guardian or guardians of the woman during her minority or for any lesser period: Provided that, the High Court may, at any time, vary or rescind the order by the appointment of any other person as a guardian or in any other respect. 84 Penal Code Incest by females Acts Nos. 4 of 1998 s. 20; 21 of 2009 s. 187 Punishment for sexual offences Act No. 9 of 2002 Sch. Cap. 101 Punishment of children Act No. 19 of 2007 s. 8 Test of relationship [CAP. 16 R.E. 2022]

Section 159Verify source

§ 160Incest by femalesOffence

160. Any female person of or above the age of eighteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her, knowing him to be her grandfather, father, brother or son as the case may be, commits the offence of incest and is liable to imprisonment for life or for imprisonment of not less than thirty years and shall, in addition, be ordered to pay compensation of an amount determined by the court to the victim in respect of whom the offence was committed: Provided that, if the male person is below the age of eighteen years, to imprisonment of not less than thirty years.

Section 160Verify source

§ 160APunishment for sexual offencesAmendment

If a person is convicted of a sexual offence under Chapter XV, the court must sentence them to imprisonment for the term set by that Chapter.

160A. Where any person is convicted of any sexual offence specified under Chapter XV of this Code, as amended by the Sexual Offences Special Provisions Act, the court shall sentence such person to imprisonment for a term prescribed under the Chapter.

Section 160AVerify source

§ 160BPunishment of childrenProvision

The court may use reversionary and sentencing discretion to protect children and avoid cruel sentences for people aged 18 or under.

160B. For promotion and protection of the right of the child, nothing in Chapter XV of this Code shall prevent the court from exercising- (a) reversionary powers to satisfy that, cruel sentences are not imposed to persons of or below the age of eighteen years; or (b) discretionary powers in imposing sentences to persons of or below the age of eighteen years.

Section 160BVerify source

§ 161Test of relationshipOffence

This section says “brother” and “sister” in sections 158 and 160 include half-brother and half-sister, and those sections apply even if the relationship is not traced through lawful wedlock.

161. In sections 158 and 160 the expressions “brother” and “sister”, respectively, include half-brother and half-sister and the provisions of those sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock. Indecent communication of photos, videos, pictures

Section 161Verify source

§ 162Indecent communication of photos, videos, pictures or imagesOffence

A person must not take or share photos, videos, pictures, or images of corpses, dead persons, crime victims, or gruesome incidents, unless a listed exception applies.

162.-(1) A person shall not- (a) save as provided for under subsection (2), take photos, pictures, videos or images of corpses, 85 Penal Code or images Act No. 13 of 2019 s. 67 [CAP. 16 R.E. 2022] dead persons, victims of crimes or gruesome incidents; or (b) intentionally and without authority, use any form of communication to share pictures, videos or photos of corpses, dead persons, victims of crimes or gruesome incidents. (2) The provision of subsection (1) shall not apply to taking of photos, pictures, videos or images of corpses, dead persons, victims of crimes or gruesome incidents for the purposes of- (a) criminal investigations; (b) burial ceremonies, in the case of corpses and dead persons; or (c) any other purposes as may be permitted by the police officer or other authorised officer. (3) A person who contravenes the provisions of this section commits an offence and on conviction is liable to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both. CHAPTER XVI OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS Fraudulent pretence of marriage

Section 162Verify source

Part

CHAPTER XVI

§ 163Fraudulent pretence of marriageRepeal

A person who fraudulently causes a woman to believe she is lawfully married to him and then has her cohabit or have sexual intercourse with him in that belief commits an offence and is liable to 10 years’ imprisonment.

163. Any person who wilfully and by fraud causes a woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, is guilty of an offence and liable to imprisonment for ten years. Repealed

Section 163Verify source

§ 164RepealedRepeal

This section is repealed. Its heading refers to a marriage ceremony fraudulently gone through without lawful marriage.

164. [Repealed by Act No. 5 of 1971 s. 166(2).] Marriage ceremony fraudulently gone through without lawful marriage

Section 164Verify source

§ 165Marriage ceremony fraudulently gone through without lawfulOffence

A person who fraudulently goes through a marriage ceremony while knowing they are not lawfully married commits an offence.

165. Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, to is guilty of an offence and imprisonment for five years. liable 86 Penal Code Desertion of children Act No. 21 of 2009 s. 188 Neglecting to provide food, etc., for children Act No. 21 of 2009 s. 189 Master not providing for servants or apprentices Child stealing Act No. 21 of 2009 s. 190 [CAP. 16 R.E. 2022]

Section 165Verify source

§ 166Desertion of childrenOffence

A parent, guardian, or other caregiver who can support a child under 18 must not wilfully desert the child and leave it without support without lawful or reasonable cause.

166. Any person who being the parent, guardian or other person having the lawful care or charge of a child whose apparent age is not more than eighteen years, and being able to maintain the child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of an offence.

Section 166Verify source

§ 167Neglecting to provide food, etc., for childrenOffence

A parent, guardian, or other person with lawful care of a child under 18 who can provide for the child must not refuse or neglect to provide enough food, clothes, bedding, and other necessities if that failure would injure the child’s health.

167. Any person who, being the parent or guardian or other person having the lawful care or charge of any child whose apparent age is not more than eighteen years and unable to provide for itself, refuses or neglects to provide, being able to do so, sufficient food, clothes, bedding and other necessaries of life for the child, so as to injure the health of that child, is guilty of an offence

Section 167Verify source

§ 168Master not providing for servants or apprenticesOffence

A master or mistress who must provide for an apprentice or servant commits an offence if they wilfully and without lawful excuse fail to provide necessary food, clothing, or lodging, or if they unlawfully and maliciously cause bodily harm that endangers life or may permanently injure health.

168. Any person who, being legally liable either as a master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to the apprentice or servant so that the life of that apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of an offence.

Section 168Verify source

§ 169Child stealingOffence

A person must not take, detain, receive, or harbour a child under 18 with intent to deprive the child’s lawful caregiver of possession; the offence carries up to 7 years’ imprisonment.

169.-(1) Any person who, with intent to deprive a parent, guardian or other person who has the lawful care or charge of a child under the age of eighteen years, of the possession of that child- (a) forcibly or fraudulently takes or entices away, or detains the child; or (b) receives or harbours the child, knowing it to have been so taken or enticed away or detained, is guilty of an offence and is liable to imprisonment for seven years. (2) It is a defence to a charge under this section to prove that the accused person claimed in good faith a right to the possession of the child or, in the case of a child born out of wedlock, is its mother or claimed to be 87 Penal Code [CAP. 16 R.E. 2022] Cruelty to children Acts Nos. 4 of 1998 s. 21; 10 of 2001 Sch.; 1 of 2022 s. 55 its father.

Section 169Verify source

§ 169ACruelty to childrenOffence

A person caring for a child under 18 must not abuse, neglect, abandon, or subject the child to female genital mutilation or other harmful treatment.

169A.-(1) Any person who, having the custody, charge or care of any person under eighteen years of age, ill-treats, neglects or abandons that person or causes female genital mutilation or carries or causes to be carried out female genital mutilation or procures that person to be assaulted, ill-treated, neglected or abandoned in a manner likely to cause him suffering or injury to health, including injury to, or loss of, sight or hearing, or limb or organ of the body or any mental derangement, commits the offence of cruelty to children. (2) Any person who commits the offence of cruelty to children is liable on conviction to imprisonment for a term of not less than five years and not exceeding fifteen years or to a fine not exceeding one million shillings or to both and shall be ordered to pay compensation of an amount determined by the court to the person in respect of whom the offence was committed for the injuries caused to that person. CHAPTER XVII PYRAMID SCHEMES, NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE Common nuisance Act No. 3 of 2011 s. 8

Section 169AVerify source

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CHAPTER XVII

§ 170Common nuisanceOffence

Any person who causes a common nuisance by unlawful acts or by failing to do a legal duty commits an offence and may be imprisoned for one year.

170.-(1) Any person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights commits the offence termed a “common nuisance”, and is liable to imprisonment for one year. (2) It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public. Gaming houses

Section 170Verify source

§ 171Gaming housesOffence

The section makes it an offence to keep, open, use, or help run a common gaming house, and also penalizes certain people found there for unlawful gaming.

171.-(1) Any person being the owner or occupier, 88 Penal Code [CAP. 16 R.E. 2022] or having the use of, any house, room or place, who opens, keeps, or uses it for the purpose of unlawful gaming being carried on therein, and any person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept or used by any other person for any of those purposes, and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for such purposes is said to keep a common gaming house. (2) In this section “unlawful gaming” means any game the chances of which are not alike favourable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet. (3) Any person who keeps a common gaming house is guilty of an offence. (4) Any person other than a person mentioned in subsection (1) who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming and is guilty of an offence and liable to a fine of fifty thousand shillings for the first offence, and for each subsequent offence to a fine of four hundred shillings or imprisonment for three months or to both.

Section 171Verify source

§ 171AProhibition of pyramid and other similar schemesInterpretation

A person who runs or manages a pyramid scheme commits an offence; inducing others into payments for such schemes is also an offence. Conviction can lead to a fine of up to five million shillings or up to five years’ imprisonment.

171A.-(1) A person who conducts or manages a pyramid scheme commits an offence. (2) A “pyramid scheme” means an operation or contrivance whereby a person- (a) holds out a promise to another person or persons that upon- (i) the payment of a specific sum of money; (ii) giving a certain amount of valuable security; or (iii) obliging another person or persons to pay the specific amount of money or to give a certain amount of valuable security, that person shall become entitled to receive a sum of money or an amount of valuable security 89 Prohibition of pyramid and other similar schemes Acts Nos. 8 of 2006 Sch.; 3 of 2011 s. 8; 1 of 2022 s. 56 Cap. 4 s. 8 Penal Code [CAP. 16 R.E. 2022] which, given all commercial considerations, is greater than the money or valuable security given or a return on the investment of the money or valuable security so given; (b) makes any payment to or for the benefit of the promoter or to any of the promoters, or for the benefit of a participant in the scheme; (c) sends or cause to be sent any chain letter or who sends or receives any money or money’s worth in connection with any chain letter. (2A) “Chain letter” as used in paragraph (c) of subsection (2) means a document addressed by one person to another suggesting to that other person- (a) that he should send a document having the same purport to a number of other persons; and (b) that he should remit to a person or to an the first mentioned in address specified document money or money’s worth. (3) A person who contravenes subsection (1), shall, upon conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years. (4) This section shall apply to any of such scheme whereby- (a) the prospect is held out to participants in the scheme receiving payments or other benefit in respect of any of the following- (i) the introduction by any person or becomes person other participants in the scheme; who (ii) the continued participation by participants in the scheme; (iii) the promotion, transfer or other change of status of participant in the scheme; (iv) the supply of goods or services by any person to or for other persons; (v) the acquisition of goods or services by any person; 90 Penal Code [CAP. 16 R.E. 2022] (b) goods or service or both, are to be- (i) provided by the person promoting the scheme or, in the case of the scheme promoted by two or more persons acting in concert, by one or more of those persons; by effected transaction (ii) provided to or for other persons under the a participant, whether in the capacity as an agent of the promoter or one of the promoters or in any other capacity; (iii) used for the purpose of any supply of goods or services to or for other persons under the scheme; (iv) supplied by the promoter or any of the promoters to or for persons introduced to him or any of the other promoter, or an employee or agent of his or theirs, by participants. (5) For the purpose of subsection (2), a prospect shall be deemed to have been held out to a participant whether it is held out so as to confer on that participant a legally enforceable right or not. (6) This section shall not apply to any scheme- (a) under which the promoter or any of the promoters or participants is to carry on or is purported to carry on investment business in the United Republic in accordance with any written law; or (b) which otherwise falls within a description of exempted scheme. (7) The Minister responsible for legal affairs may, in consultation with the Minister responsible for finance, by order published in the Gazette, exempt any scheme of a kind specified in the order, from the operation of this section. Prohibition against inducement Act No. 171B-(1) Any person who induces or attempts to induce any person to- (a) make any payment to or for the benefit of the 91 Penal Code 8 of 2006 Sch. [CAP. 16 R.E. 2022] promoter or any of the promoters or, to or for the benefit of any participant in a scheme; or (b) become a participant and to make any payment to or for the benefit of the promoter or for the benefit of any participant in a scheme, commits an offence and shall upon conviction be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years. (2) In determining whether an inducement or attempt to induce is made by holding out a prospect, it shall be sufficient if the prospect constitutes or would constitute a substantial part of the inducement. (3) Where an offence has been committed by any participant, every promoter of the scheme shall strictly be held liable for such commission of the offence. (4) Where a person is charged with an offence in respect of an advertisement, it shall be a defence for that person to prove that, he is a person whose business is to the publish or arrange advertisements, and that he received the advertisement for publication in the ordinary cause of business and did not know, and had no reason to suspect that the publication would amount to an offence. the publication for in Interpretation Act No. 8 of 2006 Sch. (5) Where a promoter is charged by reason of commission of an offence by another person pursuant to subsection (4), it shall be a defence for that promoter to prove that the act constituting an offence was committed without his consent.

Section 171AVerify source

§ 171CInterpretationInterpretation

This section defines terms used for sections 171A and 171B, including “goods,” “participants,” and “scheme,” and says references to supplying goods also cover granting or transferring rights or interests.

171C.-(1) For the purposes of sections 171A and 171B, unless the context requires otherwise- “goods” includes property of any description and a right to or interest in any property; “participants” in relation to a scheme, means a person other than a promoter or any of the promoters who participated in the scheme; in connection with the carrying on of a business whether such arrangement is made or recorded wholly or partly in “scheme” means any arrangement made 92 Penal Code [CAP. 16 R.E. 2022] writing or not. (2) Any reference to the provision or supply of goods shall be construed as including a reference to the grant or transfer of a right or interest. Betting houses

Section 171CVerify source

§ 172Betting housesOffence

A place becomes a common betting house if it is used for betting or related payment arrangements, and certain people connected with such a place may be guilty of an offence and imprisoned for one year.

172.-(1) Any house, room or place is called a common betting house if it is used for any of the following purposes, that is to say- (a) for the purpose of bets being made therein between person resorting to the place and- (i) the owner, occupier or keeper of the place, or any person using the place; (ii) any person procured or employed by or acting for or on behalf of any such owner, occupier or keeper, or person using the place; or (iii) any person having the care or management, or in any manner conducting the business, of the place; (b) for the purpose of any money or other property being paid or received therein by or on behalf of the owner, occupier or keeper, or person using the place, as or for consideration- (i) for an assurance, undertaking, promise or agreement express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race or other race, fight, game, sport or exercise; or (ii) for securing the paying or giving by some other person of any money or other property on any such event or contingency. (2) Any person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept or used as a common betting house by another person, or who has the use or management, or assists in conducting the business, of a common betting house, is guilty of an offence, and is 93 Penal Code [CAP. 16 R.E. 2022] liable to imprisonment for one year: Provided that, it shall not be an offence to use a totalisator by a race club, gymkhana club or sports club recognised by the Government at any public meeting, with the approval in each case of the Inspector-General of Police and; in this proviso, “totalisator” means the instrument, machine or contrivance, commonly known as the totalisator and any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles.

Section 172Verify source

§ 173RepealedRepeal

Section 173 was repealed.

173. [Repealed by Act No. 23 of 1967 s. 25.]

Section 173Verify source

§ 173ARepealedRepeal

Section 173A is repealed.

173A. [Repealed by R.L. Cap. 440 s. 16.]

Section 173AVerify source

§ 173BRepealedRepeal

Section 173B is repealed.

173B. [Repealed by Act No. 3 of 2011 s. 9.]

Section 173BVerify source

§ 174Keeper of premises definedProvision

A person who appears or acts as the master, mistress, or manager of the relevant premises is treated as the keeper, even if they are not the real keeper.

174. Any person who appears, acts or behaves as master or mistress, or as the person having the care or management of the house, room, set of rooms or place is mentioned in sections 171 and 172 is to be taken to be the keeper, whether he is or is not the real keeper.

Section 174Verify source

§ 175Traffic in obscene publicationsRepeal

This section makes it an offence to traffic in obscene publications or indecent shows, and it allows a court to order destruction of the material.

175.-(1) Any person who- (a) for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his possession any obscene writing drawing, print, painting printed matter, picture, poster, emblem, photograph, cinematograph film or any other obscene object or other object tending to corrupt morals; Repealed Repealed Repealed Keeper of premises defined Traffic in obscene publications Act No. 3 of 1995 Sch. Cap. 4 s. 8 to (b) for any of the purposes referred in paragraph (a) imports, conveys or exports, or causes to be imported, conveyed or exported any such matters or things, or in any manner whatsoever puts any of them in circulation; (c) carries on or takes part in any business, whether public or private, concerned with any 94 Penal Code [CAP. 16 R.E. 2022] such matters or things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or exhibits any of them publicly, or makes a business of lending any of them; (d) advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic in, any such matters or things, that a person is engaged in any of the acts referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly; or (e) publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals, is guilty of an offence, and is liable to imprisonment for two years or to a fine of two hundred thousand shillings. (2) Where in respect of any offence specified in paragraphs (a), (b), (c) or (d) of subsection (1), any constitutive element of the offence is committed in Mainland Tanzania the commission shall be sufficient to render the person accused of that offence triable in Mainland Tanzania. (3) A court, on convicting a person of an offence against this section, may order to be destroyed any matter or thing made, possessed or used for the purpose of that offence. (4) A court may, on the application of a public prosecutor, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under the provisions of this section in respect of the obscene matter or thing. Idle and disorderly persons Acts Nos. 49 of 1962; 11 of 1983 Sch.; 1 of 2022

Section 175Verify source

§ 176176A. Harbouring common prostitutesProvision

People who fit any of the listed public-order behaviours may be treated as idle and disorderly persons and can be fined or imprisoned.

176. Any of the following persons- (a) a common prostitute behaving in a disorderly or indecent manner in a public place or loitering or soliciting in a public place for the purposes of prostitution; (b) a person wandering or placing himself in a 95 Penal Code s. 42 [CAP. 16 R.E. 2022] public place to beg or gather alms, or causing or procuring or encouraging a child so to do; (c) a person playing at any game of chance for money or money’s worth in a public place; (d) a person wandering abroad and endeavoring by the exposure of wounds or deformation to obtain or gather alms; (e) a person who publicly conducts himself in a manner likely to cause a breach of the peace; (f) a person who without lawful excuse publicly does any indecent act; (g) a person who in any public place solicits for immoral purposes; (h) an able-bodied person who is not engaged in any productive work and has no visible means of subsistence; or (i) a person employed under lawful employment of any description who is, without any lawful excuse, found engaged on a frolic of his own at a time he is supposed to be engaged in activities connected or relating to the business of his employment, shall be deemed to be an idle and disorderly person and shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding three months or to both.

Section 176Verify source

§ 176AHarbouring common prostitutesOffence

A keeper of certain premises must not knowingly allow common prostitutes to gather and stay there for prostitution. Violations can lead to a fine.

176A. Any person who, being the keeper of any bar, hotel, house, shop, room or other place of public resort for the sale or consumption of refreshments of any kind, knowingly permits or suffers common prostitutes to assemble at and remain on his premises for the purpose of prostitution, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty thousand shillings or, in the case of a second or subsequent offence, to a fine not exceeding five hundred thousand shillings.

Section 176AVerify source

§ 177Rogues and vagabondsInterpretation

Certain listed people are treated as rogues and vagabonds and commit an offence; collecting public subscriptions without the required written consent is also covered, with imprisonment penalties.

177. Any of the following persons- (a) a person convicted of an offence under section 176 after having been previously convicted as 96 Harbouring common prostitutes Acts Nos. 49 of 1996 s. 3; 13 of 2019 s. 65; 1 of 2022 s. 57 Rogues and vagabonds Ord. Nos. 3 of 1950 Penal Code s. 2; 10 of 1956 s. 4; Act No. 49 of 1962 s. 4; GN. No. 73 of 1965 [CAP. 16 R.E. 2022] an idle and disorderly person; (b) a person going about as gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; (c) a suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself; (d) a person found in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose; or in (e) a person who, without the prior consent in writing the District that behalf of Commissioner, or, in the case of an urban authority, the police officer in charge of the police in that authority, collects, or makes any appeal for subscriptions of money in any public place for any purpose, shall be deemed to be a rogue and vagabond, and shall be guilty of an offence and liable for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year: Provided that, paragraph (e) of this section shall not apply to- (a) any person who, or the duly authorised representative of any organisation which, has received the written consent of the Inspector- General of Police to collect, or make any appeal for, subscription of money for religious or charitable purposes; or (b) any person authorised to collect or make any appeal for subscriptions of money under the provisions of any law, including any by-law, in force in Mainland Tanzania: Provided further the purposes of paragraph (e) of this section, the definition “public place” in section 5 of this Code shall not be deemed to include that, for 97 Penal Code [CAP. 16 R.E. 2022] any recognised place of religious worship. Failure to account for money collected by public subscription Ord. No. 3 of 1950 s. 3; Act No. 2 of 1972 Sch. Offences relating to uniforms R.L Cap. 455, s. 23; GN. Nos. 478 of 1962; 73 of 1965 Acts Nos. 1 of 2022 ss. 42 and 58

Section 177Verify source

§ 177AFailure to account for money collected by public subscriptionOffence

A person who collected subscription money in Mainland Tanzania must, when required by the District Commissioner or the relevant police officer, produce or publish full and correct accounts of the money and how it was used.

177A. Subject to the provisions of any other law, including any by-law, any person, whether or not he has received any written consent referred to in the first proviso to section 177, or has been authorised as in paragraph (a) or (b) of that proviso who, having collected or procured to be collected money by subscription in Mainland Tanzania fails, if and when required so to do by District Commissioner, or in the case of an urban authority by the police officer in-charge of the Police in the District that authority, either Commissioner or the police officer, or to publish in a newspaper designated by the District Commissioner or the police officer, as he may be required, full and correct accounts of any money received by subscription and of its disposal, shall be guilty of an offence and liable for the first offence to imprisonment for two years and for every subsequent offence, to imprisonment for three years. to produce to

Section 177AVerify source

§ 178Offences relating to uniformsOffence

This section makes it an offence to wear certain military, police, or law-enforcement uniforms or lookalike attire without permission, and it also criminalizes contemptuous misuse and unauthorised trading in such uniforms and related items.

178.-(1) Any person who, not being a person serving in the Defence Forces of the United Republic or in any police force or any law enforcement organ established by law, wears without the permission of the President the uniform of any of those forces or any attire having the appearance or bearing any of the regimental or other distinctive marks of such uniform or attire is guilty of an offence and liable to imprisonment for one month or to a fine of fifty thousand shillings: Provided that, nothing in this section shall prevent any person from wearing any uniform or attire in the course of a stage play performed in any place in which stage plays may lawfully be publicly performed, or in the course of a music hall or circus performance, or in the course of any bona fide military representation. (2) Any person who unlawfully wears the uniform or attire of any of the forces referred to in subsection (1), or any dress having the appearance or bearing any of the regimental or other distinctive marks of the uniform, in such a manner or in such circumstances 98 Penal Code [CAP. 16 R.E. 2022] as to be likely to bring contempt on that uniform, or employs any other person so to wear the uniform or dress, is guilty of an offence and is liable to imprisonment for three months or to a fine of four hundred shillings. (3) Any person who, not being in the service of the United Republic or not having previously received the written permission of the Inspector-General of Police so to do, imports or sells or has in his possession for sale any uniform or the buttons or badges appropriate to it, is guilty of an offence and is liable to imprisonment for six months or to a fine of two hundred thousand shillings. (4) Where a person is convicted of an offence under this section, the uniform, attire, button, badge or other thing in respect of which the offence was committed shall be forfeited unless the court orders otherwise. Negligent act likely to spread infection

Section 178Verify source

§ 179Negligent act likely to spread infectionOffence

A person commits an offence if, unlawfully or negligently, they do an act they know or have reason to believe is likely to spread a dangerous disease infection.

179. A person who unlawfully or negligently does any act which is and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life is guilty of an offence. Adulteration of food or drink intended for sale

Section 179Verify source

§ 180Adulteration of food or drink intended for saleOffence

A person commits an offence if they adulterate food or drink so it becomes noxious and they intend it to be sold as food or drink, or know it is likely to be sold that way.

180. Any person who adulterates any article of food or drink, so as to make the article noxious as food or drink, intending to sell the article as food or drink, knowing it to be likely that it will be sold as food or drink, is guilty of an offence. Sale of noxious food or drink

Section 180Verify source

§ 181Sale of noxious food or drinkOffence

A person commits an offence if they sell, offer, or expose for sale food or drink that is noxious or unfit for consumption, knowing or having reason to believe this.

181. Any person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that it is noxious as food or drink, is guilty of an offence. Adulteration drugs

Section 181Verify source

§ 182Adulteration of drugsOffence

A person must not adulterate a drug or medical preparation in a way that reduces its efficacy, changes how it works, or makes it harmful, when intending it to be sold or used for medicinal purposes as if it were unadulterated.

182. Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of the drug or medical preparation, or to make it noxious, intending that is shall be sold or used for any medicinal purpose, as if it had not undergone adulteration, is guilty of an offence. 99 Penal Code Sale of adulterate drugs [CAP. 16 R.E. 2022]

Section 182Verify source

§ 183Sale of adulterated drugsOffence

A person who knows a drug or medical preparation has been adulterated and still sells, offers it for sale, issues it as unadulterated, or causes it to be used medicinally commits an offence.

183. Any person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells it or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, is guilty of an offence. Fouling water

Section 183Verify source

§ 184Fouling waterOffence

A person must not voluntarily corrupt or foul the water of a public spring or reservoir in a way that makes it less fit for its ordinary use.

184. Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of an offence Fouling air Offensive trades

Section 184Verify source

§ 185Fouling airOffence

A person must not voluntarily foul the air anywhere in a way that makes it harmful to people nearby or passing by on a public way.

185. Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, is guilty of an offence.

Section 185Verify source

§ 187194. RepealedRepeal

A person who, for trade or otherwise, makes loud or unwholesome offensive noise or smells that annoy many people commits an offence and is liable to the penalty in section 171A(1).

187. Any person who, for the purposes of trade or otherwise, makes offensive loud and in unwholesome circumstances as to annoy any considerable number of persons in the exercise of their common rights, commits an offence and is liable to the same penalty prescribed under subsection (1) of section 171A. or places noises such smells CHAPTER XVIII DEFAMATION Repealed

Section 187Verify source

Legislative relationships

10 referenced instruments

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Child Act
Section 15
Courts of Tanzania for the purposes of this Code
Section 6
Criminal Procedure Act
Sections 14, 31, 32
Director of Public Prosecutions. Dissuading persons from assisting with self-help schemes Act
Section 89B

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3 instruments

Indian Penal Code
Section 2
Laws Act
Section 4
Minimum Sentences Act
Section 28

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2 instruments

President to grant a pardon or to remit or commute in whole or in part or to respite 20 Penal Code
Section 3
Prisons Act
Section 116A

T–Z

1 instrument

United Republic does any act which is designed or likely to give assistance to 40 Penal Code
Section 39

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