The Penal Code R:E 2022
Part 2 of 3 · provisions 201–400
This Act may be cited as the Penal Code and called “this Code”.
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About this statute
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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Provisions of The Penal Code R:E 2022
Showing 200 of 406
Part
CHAPTER XVIII
- 187 Verify source ↗
194. Repealed
Sections 187 to 194 are repealed.
187.-194. [Repealed by Act No. 3 of 1976 s. 55.] CHAPTER XIX HOARDING AND ALLIED OFFENCES Hoarding of commodities Acts Nos. 11 of 1983
Part
CHAPTER XIX
- 194A Verify source ↗
Hoarding of commodities
This section makes hoarding commodities an offence and sets penalties, including imprisonment, a fine, and possible forfeiture of the commodity.
194A.-(1) Any person, whether or not licensed to carry on the business of selling a commodity of any description shall be guilty of the offence of hoarding 100 Penal Code 3rd Sch.; 13 of 1984 Sch.; 12 of 1987 s. 23 [CAP. 16 R.E. 2022] against this section if, not being a manufacturer or producer of the commodity- (a) he is found in possession of a commodity of the value of one million shillings or less which is in demand by the public in the locality concerned, in circumstances in which it can be inferred that it is not displayed or stocked for lawful sale or use or available for purchase by any person offering the lawful price; (b) he sells or offers any commodity for sale at a price or subject to a term or condition which is unlawful or which, having regard to all relevant circumstances, is unreasonable; or (c) in the course of carrying on the business of selling any commodity, he engages in any trade practice which is intended or likely- (i) to create an artificial shortage in the supply of any commodity; (ii) to aggravate an actually existing supply of any the shortage commodity; or in (iii) to cause an unlawful increase or or the decrease commercially accepted price of any commodity; or official in (iv) to adversely affect the fair distribution of any commodity amongst the purchasing population of the area concerned, and on conviction shall be liable to imprisonment for a term not exceeding fourteen years or to a fine not exceeding fifty thousand shillings or to both and the court may, in addition, order that the commodity be forfeited to the Government, unless any other person satisfies the court that any of that commodity belonged to him and not to the accused, and that other person is himself not guilty of an offence under this section. (2) For the purposes of this section- (a) a person shall be deemed to have in stock any commodity of any description in any place if 101 Penal Code [CAP. 16 R.E. 2022] he is the owner of any amount or quantity of such commodity; (b) “person” includes any employee or agent of the accused person, whether or not the employment or agency would be such at law, and where the employee or agent is charged with an offence under this paragraph the provisions of subsection (3) shall apply mutatis mutandis to the employee or agent as they apply where the person charged, is the employer or, as the case may be, the agent; (c) whether or not licensed to carry on business, a person shall be deemed to be carrying on the business of selling a commodity of any description if, at the time when the offence is alleged to have been committed or at any reasonable period preceding or succeeding the date when the offence is alleged to have been committed, he had possession of an amount or quantity of such commodity in circumstances in which it may reasonably be inferred that the commodity was intended by him for sale or he had held himself out as being a seller of that commodity. (3) Where a person is charged with an offence under this section, it shall be a good defence for him to prove that- (a) there was no shortage in the supply of the commodity in the locality concerned; (b) the stocking of the amount or quantity of the commodity concerned was not intended or likely to create any shortage in the supply of the commodity or to have any other adverse effect on the distribution of the commodity in the locality; (c) the commodity found in any premises under his control or management did not belong to him and that he had no right to dispose of any of the commodity in any way and that he did, at the earliest possible opportunity, advise the 102 Penal Code [CAP. 16 R.E. 2022] authorities investigating the matter of the identity of the owner; (d) the commodity owned by him or which he had the right to dispose of had at the time when it was found in his possession, been lawfully sold or otherwise lawfully disposed of to another person; (e) the commodity in stock was for his own lawful use or was being used in connection with his lawful business; or (f) he had kept the commodity in store as a reasonable precaution, taken in the interests of his own household, against probable imminent future shortage or famine, or in order to meet a requirement of any future event reasonably important to him. (4) The standard of proof by the accused of any of the facts or circumstances set out in subsection (3) shall be on a balance of probabilities. Repealed - 194B Verify source ↗
Repealed
Section 194B is marked as repealed.
194B. [Repealed by Act No. 13 of 1984 Third Sch.] Division IV- Offences Against the Person CHAPTER XX MURDER AND MANSLAUGHTER Manslaughter
Part
CHAPTER XX
- 195 Verify source ↗
Manslaughter
A person is guilty of manslaughter if they cause another person’s death by an unlawful act or omission.
195.-(1) Any person who by an unlawful act or omission causes the death of another person is guilty of manslaughter. (2) Any unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether the omission is or is not accompanied by an intention to cause death or bodily harm. Murder - 196 Verify source ↗
Murder
A person commits murder if, with malice aforethought, they cause another person's death by an unlawful act or omission.
196. Any person who, with malice aforethought, causes the death of another person by an unlawful act or omission is guilty of murder. 103 Penal Code [CAP. 16 R.E. 2022] Punishment for murder Punishment for manslaughter Conviction for infanticide in certain cases - 197 Verify source ↗
Punishment for murder
A person convicted of murder must be sentenced to death.
197. A person convicted of murder shall be sentenced to death. - 198 Verify source ↗
Punishment for manslaughter
A person who commits manslaughter is liable to imprisonment for life.
198. Any person who commits manslaughter is liable to imprisonment for life. - 199 Verify source ↗
Conviction for infanticide in certain cases
A woman who wilfully causes the death of her child under 12 months old, while not fully recovered from childbirth and mentally disturbed for that reason, is guilty of infanticide.
199. Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission she had not fully recovered from the effect of giving birth to the child and for that reason or by reason of the effect of giving birth to the child and for that reason or by reason of the effect of lactation consequent upon the birth of the child the balance of her mind was then disturbed, she shall, notwithstanding the circumstances were such that but for this section the offence would have amounted to murder, be guilty of infanticide, and may, be dealt with and punished for the offence as if she had been guilty of manslaughter of the child. that Malice aforethought - 200 Verify source ↗
Malice aforethought
Malice aforethought is treated as established if evidence proves one or more listed circumstances.
200. Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances- (a) an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not; (b) knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although that knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused; (c) an intent to commit an offence punishable than is graver with a penalty which imprisonment for three years; (d) an intention by the act or omission to facilitate 104 Penal Code [CAP. 16 R.E. 2022] Killing on provocation Provocation defined Ord. No. 6 of 1946 s. 2 the flight or escape from custody of any person who has committed or attempted to commit an offence. - 201 Verify source ↗
Killing on provocation
A person who unlawfully kills another in sudden provocation and before cooling off is guilty of manslaughter only.
201. When a person who unlawfully kills another under circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as defined in section 202, and before there is time for his passion to cool, he is guilty of manslaughter only. - 202 Verify source ↗
Provocation defined
This section defines “provocation” and “an ordinary person,” and says some lawful acts, induced acts, and an unlawful arrest are not necessarily provocation for assault.
202.-(1) The term “provocation” means, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered. (2) When the unlawful act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any relationship referred to in subsection (1), the former is said to give the latter provocation for an assault. (3) A lawful act is not provocation to any person for an assault. (4) An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault. (5) An arrest which is unlawful is not necessarily provocative for an assault, but it may be evidence of provocation to a person who knows of the illegality. (6) For the purposes of this section, the expression “an ordinary person” means an ordinary 105 Penal Code [CAP. 16 R.E. 2022] person of the community to which the accused belongs. Causing death defined - 203 Verify source ↗
Causing death defined
This section says a person can be treated as having caused another person’s death even when their act was not the immediate or sole cause, in listed situations.
203. A person is deemed to have caused the death of another person, although his act is not the immediate or sole cause of death, in any of the following cases- (a) if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death; in which case it is immaterial whether the treatment was proper or mistaken if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill; (b) if he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living; (c) if by actual or threatened violence he causes that other person to perform an act which causes the death of that person, the act being a means of avoiding the violence which in the circumstances would appear natural to the person whose death is so caused; (d) if by any act or omission he hastens the death of a person suffering under any disease or injury which, apart from that act or omission, would have caused death; (e) if his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of another person. When child deemed to be person - 204 Verify source ↗
When child deemed to be person
A child is treated as a person capable of being killed once it has completely come out of its mother alive, regardless of breathing, circulation, or severing of the navel string.
204. A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not and whether it has an independent circulation or not, 106 Penal Code [CAP. 16 R.E. 2022] and whether the navel string is severed or not. Limitation as to time of death - 205 Verify source ↗
Limitation as to time of death
A person is not treated as having killed another if the death happens more than a year and a day after the cause of death.
205.-(1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death. (2) For the purpose of reckoning the period referred to in subsection (1)- (a) the period shall include the day on which the last unlawful act contributing to the cause of death was done; (b) when the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased; and (c) when the cause of death is in part an unlawful act and in part an omission to observe or perform a duty, is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later. the period CHAPTER XXI DUTIES RELATING TO THE PRESERVATION OF LIFE AND HEALTH Responsibility of person who has charge of another
Part
CHAPTER XXI
- 206 Verify source ↗
Responsibility of person who has charge of another
A person who has charge of someone unable to leave that care and unable to provide their own basic necessities must provide those necessities of life.
206. It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from that charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any consequences which adversely affect the life or health of the other person by reason of any omission to perform that duty. Duty of head of family Act No. - 207 Verify source ↗
Duty of head of family
A head of a family who has charge of a child under 18 in the household must provide the child’s necessaries of life.
207. It is the duty of every person who, as head of a family, has charge of a child under the age of eighteen 107 Penal Code 1 of 2022 s. 59 Duty of master and mistress Act No. 1 of 2022 s. 60 Duty of persons doing dangerous acts Duty of persons in charge of dangerous things [CAP. 16 R.E. 2022] years, being a member of his household, to provide the necessaries of life for such child; and he shall be deemed to have caused any consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not. - 208 Verify source ↗
Duty of masters and mistress
A master or mistress who has agreed to provide food, clothing, or lodging for a servant or apprentice under 18 must provide it.
208. It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of eighteen years to provide them; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty. - 209 Verify source ↗
Duty of persons doing dangerous acts
A person who, except in necessity, undertakes surgical or medical treatment or another lawful act must use reasonable skill and reasonable care.
209. It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person or to do any other lawful act which is or health, to have reasonable skill and to use reasonable care in doing so; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty. - 210 Verify source ↗
Duty of persons in charge of dangerous things
A person in control of a dangerous thing must use reasonable care and precautions to avoid danger.
210. It is the duty of every person to use reasonable care and take reasonable precautions to avoid danger if he has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty. CHAPTER XXII OFFENCES CONNECTED WITH MURDER AND SUICIDE Attempt to murder
Part
CHAPTER XXII
- 211 Verify source ↗
Attempt to murder
A person who unlawfully tries to cause another person’s death, or acts or fails to act with intent to do so in a way likely to endanger human life, commits an offence and is liable to life imprisonment.
211. Any person who- (a) attempts unlawfully to cause the death of 108 Penal Code [CAP. 16 R.E. 2022] another; or (b) with intent unlawfully to cause the death of another, does any act or omits to do any act which it is his duty to do, the act or omission being of such a nature as to be likely to endanger human life, is guilty of an offence and is liable to imprisonment for life. Repealed - 212 Verify source ↗
Repealed
Section 212 is repealed.
212. [Repealed by Ord. No. 47 of 1954 s. 3.] Accessory after fact to murder - 213 Verify source ↗
Accessory after fact to murder
Any person who becomes an accessory after the fact to murder commits an offence and is liable to imprisonment for seven years.
213. Any person who becomes an accessory after the fact to murder is guilty of an offence and liable to imprisonment for seven years. Written threats to murder - 214 Verify source ↗
Written threats to murder
A person who knowingly, directly or indirectly, causes someone to receive a writing threatening to kill any person commits an offence.
214. Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening to kill any person, is guilty of an offence and is liable to imprisonment for seven years. Conspiracy to murder Aiding suicide Attempting suicide Concealing birth of child - 215 Verify source ↗
Conspiracy to murder
A person who conspires with someone else to kill any person commits an offence and can be imprisoned for 14 years.
215. Any person who conspires with any other person to kill any person, whether that person is in Mainland Tanzania or elsewhere, is guilty of an offence and is liable to imprisonment for fourteen years. - 216 Verify source ↗
Aiding suicide
Any person who procures, counsels, or aids another person to kill himself commits an offence and is liable to imprisonment for life.
216. Any person who- (a) procures another to kill himself; (b) counsels another to kill himself and thereby induces him to do so; or (c) aids another in killing himself, is guilty of an offence and liable to imprisonment for life. - 217 Verify source ↗
Attempting suicide
Any person who attempts to kill himself commits an offence.
217. Any person who attempts to kill himself is guilty of an offence. - 218 Verify source ↗
Concealing birth of child
A person commits an offence if, after a woman gives birth, they secretly dispose of the child’s dead body to conceal the birth.
218. Any person who, when a woman is delivered of a child endeavours by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at or after its birth, is guilty of an offence. 109 Penal Code [CAP. 16 R.E. 2022] Child destruction - 219 Verify source ↗
Child destruction
A person commits child destruction if they intentionally and wilfully cause a capable unborn child to die before it is independent of its mother; conviction can bring life imprisonment.
219.-(1) Subject to subsection (2) any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes the child to die before it has an existence independent of its mother, shall be guilty of child destruction and shall be liable on conviction to imprisonment for life. (2) A person shall be guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother. (3) For the purpose of this section, evidence that a woman had at any material time been pregnant for a period of twenty eight weeks or more shall be prima facie proof that she was at the time pregnant of a child capable of being born alive. CHAPTER XXIII OFFENCES ENDANGERING LIFE OR HEALTH Disabling in order to commit offence Ord. No. 47 of 1954 s. 3
Part
CHAPTER XXIII
- 220 Verify source ↗
Disabling in order to commit offence
220. Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, renders or attempts to render any person incapable of resistance, is guilty of an offence and liable to imprisonment for life. Stupefying in order to commit offence - 221 Verify source ↗
Stupefying in order to commit offence
A person must not give or try to give a stupefying or overpowering drug or thing to anyone when doing so is intended to help commit an offence, help the offender escape, or help commit the offence.
221. Any person who, with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, administers or attempts to administer any stupefying or overpowering drug or thing to any person is guilty of an offence and liable to imprisonment for life. Acts intended to cause grievous harm or prevent arrest - 222 Verify source ↗
Acts intended to cause grievous harm or prevent arrest
A person who acts with intent to cause grievous harm or stop a lawful arrest or detention, and does the listed violent acts, commits an offence and can be imprisoned for life.
222. Any person who, with intent to maim, disfigure or disable any person or to do some grievous harm to any person or to resist or prevent the lawful arrest or detention of any person- 110 Penal Code [CAP. 16 R.E. 2022] (a) unlawfully wounds or does any grievous harm to any person by any means whatsoever; (b) unlawfully attempts in any manner to strike any person with any kind of projectile or with a spear, sword, knife or other dangerous or offensive weapon; (c) unlawfully causes any explosive substance to explode; (d) sends or delivers any explosive substance or other dangerous or noxious thing to any person; (e) causes any substance or thing referred to in paragraph (d) to be taken or received by any person; (f) puts any corrosive fluid or any destructive or explosive substance in any place; or (g) unlawfully casts or throws any fluid or substance referred to in paragraph (f) at or upon any person, or otherwise applies any such fluid or substance to that person of any person, is guilty of an offence, and liable to imprisonment for life. - 222A Verify source ↗
Possession of human being parts
A person found unlawfully possessing human body parts commits an offence and can be imprisoned for up to 30 years if convicted.
222A. Any person who is found in unlawful possession of human being parts commits an offence and shall, upon conviction, be liable to imprisonment for a period not exceeding thirty years. - 223 Verify source ↗
Preventing escape from wreck
A person must not unlawfully prevent or obstruct others escaping from, or on board, a distressed or wrecked vessel, or people trying to save life in those circumstances.
223. Any person who unlawfully- (a) prevents or obstructs any other person who is on board of, or is escaping from, a vessel which in his endeavours to save his life; or in distress or wrecked, is Possession of human being parts Act No. 9 of 2002 Sch. Preventing escape from wreck (b) obstructs any other person in his endeavours to the save circumstances referred to in paragraph (a), life of any person the in is guilty of an offence and liable to imprisonment for life. Endangering safety of - 224 Verify source ↗
Endangering safety of persons travelling by railway
It is an offence to intentionally endanger or injure the safety of people travelling by railway, including by placing things on the railway, interfering with the railway or signals, throwing or shooting things at it, or omitting a duty-causing act.
224.-(1) Any person who, with intent to injure or to endanger the safety of any person travelling by any 111 Penal Code persons travelling by railway Ord. No. 47 of 1954 s. 3 [CAP. 16 R.E. 2022] railway, whether a particular person or not- (a) places anything on the railway; (b) deals with the railway, or with anything whatsoever upon or near the railway, in such a manner as to affect or endanger the free and safe use of the railway or the safety of that person; (c) shoots or throws anything at, into or upon or causes anything to come into contact with any person or thing on the railway; (d) shows any light or signal, or in any way deals with any existing light or signal, upon or near the railway; or (e) by any omission to do any act which it is his duty to do causes the safety of any such person to be endangered, is guilty of an offence and liable to imprisonment for life. (2) A person who unlawfully but without the intent specified in subsection (1), causes the safety of any person travelling by railway to be endangered is guilty of an offence. Grievous harm - 225 Verify source ↗
Grievous harm
A person who unlawfully causes grievous harm to another commits an offence and can be imprisoned for seven years.
225. Any person who unlawfully does grievous harm to another is guilty of an offence and is liable to imprisonment for seven years. Attempting to injure by explosive substance Maliciously administering poison with intent to harm - 226 Verify source ↗
Attempting to injure by explosive substances
A person who unlawfully intends to harm another person must not put any explosive substance in any place; doing so is an offence punishable by up to fourteen years’ imprisonment.
226. A person who unlawfully, and with intent to do any harm of another, puts any explosive substance in any place whatsoever, is guilty of an offence and liable to imprisonment for fourteen years. - 227 Verify source ↗
Maliciously administering poison with intent to harm
A person who unlawfully gives or causes poison or a noxious thing to be given to someone, with intent to injure or annoy and causing life-endangering or grievous harm, commits an offence.
227. A person who, unlawfully and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life or does him some grievous harm, is guilty of an offence and liable to imprisonment for fourteen years. Wounding and similar acts - 228 Verify source ↗
Wounding and similar acts
Any person who unlawfully wounds another person, or unlawfully administers or causes poison or another noxious thing to be taken with intent to injure or annoy, commits an offence.
228. Any person who- (a) unlawfully wounds another; or 112 Penal Code Ord. No. 5 of 1961 s. 8 Failure to supply necessaries Responsibility as to surgical operation [CAP. 16 R.E. 2022] (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by any person, is guilty of an offence and liable to imprisonment for three years. - 229 Verify source ↗
Failure to supply necessaries
A person responsible for providing another person with necessaries of life must not fail to do so without lawful excuse if that failure endangers life or health.
229. Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or his health is or is likely to be permanently injured, is guilty of an offence and liable to imprisonment for three years. - 230 Verify source ↗
Responsibility as to surgical operation
A person is not criminally responsible for a surgical operation done in good faith, with reasonable care and skill, when the operation is reasonable in the circumstances.
230. A person is not criminally responsible for performing, in good faith and with reasonable care and skill, a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case. Criminal responsibility for excess force - 231 Verify source ↗
Criminal responsibility for excess force
A person who is legally allowed, or allowed by the injured person’s consent, to use force is criminally responsible for any excess force.
231. Any person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess according to the nature and quality of the act which constitutes the excess. Effect of victim’s consent on criminal responsibility for death or maim - 232 Verify source ↗
Effect of victim’s consent on criminal responsibility for death or
A person’s consent to their own death or maiming does not remove criminal responsibility from the person who causes it.
232. Notwithstanding anything contained in section 231 consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom the death or maim is caused. CHAPTER XXIV CRIMINAL RECKLESSNESS AND NEGLIGENCE Reckless and negligent acts
Part
CHAPTER XXIV
- 233 Verify source ↗
Reckless and negligent acts
A person commits an offence if, in a rash or negligent way that endangers human life or could likely harm someone, they do any of the listed acts involving vehicles, vessels, fire, animals, medical treatment, medicines, machinery, or explosives.
233. Any person who in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person- (a) drives any vehicle or rides on any public way; 113 Penal Code [CAP. 16 R.E. 2022] (b) navigates, or takes part in the navigation or working of any vessel; (c) does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession; (d) omits to take precautions against any probable danger from any animal in his possession; (e) gives medical or surgical treatment to any person whom he has undertaken to treat; (f) dispenses, supplies, sells, administers or gives away any medicine or poisonous or dangerous matter; (g) does any act with respect to, or omits to take proper precautions against, any probable danger from any machinery of which he is solely or partly in charge; or (h) does any act with respect to, or omits to take proper precautions against, any probable danger from any explosive in his possession, is guilty of an offence. Other negligent acts causing harm - 234 Verify source ↗
Other negligent acts causing harm
A person who unlawfully acts or fails to do a required act, causing harm, commits an offence and may be imprisoned for six months.
234. Any person who unlawfully does any act or omits to do any act which it is his duty to do, not being an act or omission specified in section 233, by which act or omission harm is caused to any person, is guilty of an offence and liable to imprisonment for six months. Handling of poisonous substance in negligent manner Act No. 13 of 2019 s. 65 - 235 Verify source ↗
Handling of poisonous substances in negligent manner
A person who handles a poisonous substance in a rash or negligent way that endangers life or risks injury, or who negligently fails to take necessary care, commits an offence and may be punished.
235. Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is necessary to guard against probable danger to human life from the poisonous substance, is guilty of an offence, and is liable to imprisonment for six months or to a fine of two hundred thousand shillings. Omitted - 236 Verify source ↗
Omitted
This section appears to be a cross-reference or heading for Penal Code matters, but it does not state a clear rule on its own.
236. Reproduced as s. 224(2). 114 Penal Code Exhibition of false light, mark or buoy Conveying person by water for hire in unsafe or overloaded vessel Danger or obstruction in public way or line of navigation [CAP. 16 R.E. 2022] - 237 Verify source ↗
Exhibition of false light, mark or buoy
A person must not exhibit a false light, mark, or buoy if they intend or know it is likely to mislead a navigator.
237. Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that its exhibition will mislead a navigator, is guilty of an offence and liable to imprisonment for seven years. - 238 Verify source ↗
Conveying of person by water for hire in unsafe or overloaded
A person must not knowingly or negligently carry, or arrange to carry for hire, anyone by water in an unsafe or overloaded vessel.
238. Any person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in a vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of an offence. - 239 Verify source ↗
Danger or obstruction in public way or line of navigation
Any person must not cause danger, obstruction, or injury in a public way or public line of navigation, including by failing to take reasonable care of property in their possession or charge.
239. Any person who, by doing any act or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation is guilty of an offence and liable to a fine. CHAPTER XXV ASSAULTS Common assault
Part
CHAPTER XXV
- 240 Verify source ↗
Common assault
A person who unlawfully assaults another commits an offence and may be imprisoned for one year unless a greater punishment applies elsewhere in the Code.
240. Any person who unlawfully assaults another is guilty of an offence and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for one year. Assaults causing actual bodily harm - 241 Verify source ↗
Assaults causing actual bodily harm
A person who commits an assault causing actual bodily harm commits an offence and can be imprisoned for five years.
241. Any person who commits an assault occasioning actual bodily harm is guilty of an offence and liable to imprisonment for five years. Assaults on persons protecting wreck - 242 Verify source ↗
Assaults on persons protecting wreck
A person who assaults or wounds certain officials or authorised persons in connection with preserving distressed or wrecked vessels or goods commits an offence and can be imprisoned for seven years.
242. Any person who assaults and strikes or wounds any magistrate, officer or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded or cast on shore or lying under water, is guilty of an offence and is liable to imprisonment for seven years. Other types of assault - 243 Verify source ↗
Other types of assault
It is an offence for any person to assault, resist, or obstruct people in the situations listed in this section, and the penalty is imprisonment for five years.
243. Any person who- (a) assaults another with intent to commit an offence or to resist or prevent the lawful 115 Penal Code [CAP. 16 R.E. 2022] apprehension or detainer of himself or of any other person for any offence; (b) assaults, resists or wilfully obstructs any police officer in the due execution of his duty, or any person acting in aid of the police officer; (c) assaults any person in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or respecting any trade, business or manufacture or respecting any person concerned or employed therein; (d) assaults, resists or obstructs any person engaged in the lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under that process of distress; or (e) assaults any person on account of any act done by him in the execution of any duty imposed on him by law, is guilty of an offence and liable to imprisonment for five years. CHAPTER XXVI OFFENCES AGAINST LIBERTY Definition of kidnapping from Mainland Tanzania
Part
CHAPTER XXVI
- 244 Verify source ↗
Definition of kidnapping from Mainland Tanzania
A person is treated as kidnapping another person from Mainland Tanzania if they convey that person outside Mainland Tanzania without that person's consent, or without consent from someone legally authorised to consent for them.
244. Any person who conveys another person beyond the limits of Mainland Tanzania without the consent of that person or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Mainland Tanzania. Definition of kidnapping from lawful guardianship Act No. 21 of 2009 s. 191 - 245 Verify source ↗
Definition of kidnapping from lawful guardianship
A person is described as kidnapping someone from lawful guardianship if they take or entice a minor or a person of unsound mind out of the guardian’s keeping without the guardian’s consent.
245. Any person who takes or entices another person under eighteen years of age or any person of unsound mind, out of the keeping of the lawful guardian of the minor or person of unsound mind, without the consent of the guardian, is said to kidnap that person from lawful guardianship. Definition of abduction - 246 Verify source ↗
Definition of abduction
A person abducts another person if they force them, or use deceitful means to induce them, to go from any place.
246. A person who by force compels, or by deceitful means induces, any person to go from any place 116 Penal Code [CAP. 16 R.E. 2022] is said to abduct that person. Punishment for kidnapping - 247 Verify source ↗
Punishment for kidnapping
A person who kidnaps someone from Mainland Tanzania or lawful guardianship commits an offence and is liable to seven years’ imprisonment.
247. A person who kidnaps any other person from Mainland Tanzania or from lawful guardianship is guilty of an offence and liable to imprisonment for seven years. Kidnapping or abducting in order to murder - 248 Verify source ↗
Kidnapping or abducting in order to murder
A person who kidnaps or abducts someone for murder-related purposes commits an offence and can be imprisoned for ten years.
248. Any person who kidnaps or abducts a person in order that that person may be murdered, or may be so disposed of as to be put in danger of being murdered, is guilty of an offence and is liable to imprisonment for ten years. Kidnapping or abducting with intent to confine - 249 Verify source ↗
Kidnapping or abducting with intent to confine
A person who kidnaps or abducts someone with intent to secretly and wrongfully confine them commits an offence and can be imprisoned for seven years.
249. Any person who kidnaps or abducts a person with intent to cause that person to be secretly and wrongfully confined is guilty of an offence and is liable to imprisonment for seven years. Kidnapping or abducting with intent to do harm Wrongfully concealing kidnapped or abducted person - 250 Verify source ↗
Kidnapping or abducting with intent to do harm
Kidnapping or abducting a person for specified harmful purposes is an offence punishable by 10 years' imprisonment.
250. Any person who kidnaps or abducts another in order that that other person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that the person will be so subjected or disposed of, is guilty of an offence and is liable to imprisonment for ten years. - 251 Verify source ↗
Wrongfully concealing kidnapped or abducted person
A person who knowingly hides or confines someone they know was kidnapped or abducted commits an offence.
251. Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines that person, is guilty of an offence, and shall be punished in the same manner as if he had kidnapped or abducted that person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains the person in confinement. Kidnapping or abducting child with intent to steal Act No. 21 of 2009 - 252 Verify source ↗
Kidnapping or abducting child with intent to steal
A person who kidnaps or abducts a child under 18 with intent to take property dishonestly from the child commits an offence and is liable to seven years’ imprisonment.
252. A person who kidnaps or abducts any child under the age of eighteen years with the intention of taking dishonestly any movable property from the person of the child, is guilty of an offence and is liable to 117 Penal Code [CAP. 16 R.E. 2022] s. 192 imprisonment for seven years. Punishment for wrongful confinement Act No. 13 of 2019 s. 65 Buying or disposing of any person as slave Habitual dealing in slaves Unlawful compulsory labour Things capable of being stolen - 253 Verify source ↗
Punishment for wrongful confinement
A person who wrongfully confines another person to imprisonment commits an offence and may face one year’s imprisonment or a fine of three hundred thousand shillings.
253. A person who wrongfully confines another person to imprisonment for one year or to a fine of three hundred thousand shillings. is guilty of an offence and liable is - 254 Verify source ↗
Buying or disposing of any person as slave
A person must not deal with any person as a slave, including importing, exporting, buying, selling, disposing, accepting, receiving, or detaining them.
254. A person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of an offence, and is liable to imprisonment for seven years. - 255 Verify source ↗
Habitual dealing in slaves
A person who habitually deals in slaves commits an offence and may be imprisoned for ten years.
255. A person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves, is guilty of an offence and is liable to imprisonment for ten years. - 256 Verify source ↗
Unlawful compulsory labour
A person commits an offence if they unlawfully force someone else to work against that person's will.
256. Any person who unlawfully compels any other person to labour against the will of that person is guilty of an offence. Division V. - Offences Relating to Property CHAPTER XXVII THEFT
Part
CHAPTER XXVII
- 257 Verify source ↗
Things capable of being stolen
This section says what kinds of property or animals can legally be stolen.
257.-(1) Every inanimate thing which is the property of any person and which is movable, is capable of being stolen. (2) Every inanimate thing which is the property of any person and which is capable of being made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it. (3) Every tame animal, whether tame by nature or wild by nature that tamed, which is the property of any person, is capable of being stolen. (4) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Mainland Tanzania, which are the property of any person and which are usually kept in a state of confinement, are 118 Penal Code [CAP. 16 R.E. 2022] capable of being stolen, whether they are actually in confinement or have escaped from confinement. (5) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Mainland Tanzania, which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time. (6) An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank or other small enclosure, or is otherwise so placed that it cannot escape, and that its owner can take possession of it at pleasure. (7) Wild animals in the enjoyment of their natural liberty are not capable of being stolen but their dead bodies are capable of being stolen. (8) Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen. - 258 Verify source ↗
Definition of theft
This section defines theft and explains when taking or converting property counts as stealing, including several fraud-related intents and a limited exception for certain found property.
258.-(1) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person other than the general or special owner thereof anything capable of being stolen, steals that thing. (2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if he does so with any of the following intents, that is to say- (a) an intent permanently to deprive the general or special owner of the thing of it; (b) an intent to use the thing as a pledge or security; (c) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; (d) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion; or 119 Definition of theft Act No. 14 of 1980 s. 10 Cap. 4 s. 8 Penal Code [CAP. 16 R.E. 2022] (e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner. (3) For purpose of this section “special owner” means any person who has lawful possession or custody of, or any proprietary interest in, the thing in question. (4) Where a thing stolen is converted, it is immaterial whether it is taken for the purposes of conversion or whether it is at the time of the conversion in the possession of the person who converts it or whether the person who converts the thing in question is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of it. (5) Where a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner and believes on reasonable grounds that the owner cannot be discovered. (6) A person shall not be deemed to take a thing unless he moves the thing or causes it to move. - 259 Verify source ↗
Special cases
Some actions are not treated as theft in two special cases: certain limited pledges or liens by a factor or agent, and a servant taking food for an animal of the master.
259.-(1) Where a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be theft. (2) Where a servant, contrary to his master’s orders, takes from his possession any food in order that it may be given to an animal belonging to or in the possession of his master, such taking is not deemed to be theft. Special cases Funds, etc., held under direction - 260 Verify source ↗
Funds, etc., held under direction
If a person receives money, valuable security, or a power of attorney with instructions for how the funds or proceeds must be used or paid out, the money and proceeds are treated as belonging to the person who gave them until the instructions are followed.
260. Where a person receives, either alone or jointly with another person, any money or valuable 120 Penal Code Cap. 4 s. 8 Funds, etc., received by agents from sales Cap. 4 s. 8 [CAP. 16 R.E. 2022] security or a power of attorney for the sale, mortgage, pledge or other disposition of any property, whether capable of being stolen or not, with a direction in either case that the money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of the security, or of the mortgage, pledge or other disposition, shall be applied to any purpose or paid to any person specified in the direction, the money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with. - 261 Verify source ↗
Funds, etc., received by agents from sales
If someone receives property to sell or otherwise dispose of it, they must account for the proceeds or hand over anything received in exchange, unless the arrangement is only a debtor-and-creditor account.
261. Where a person receives either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it and requiring him to pay or account for the proceeds of the property or any part of the proceeds or to deliver anything received in exchange for the property to the person from whom it is received or some other person, then the proceeds of the property and anything so received in exchange for it are deemed to be the property of the person from whom the property was so received until they have been disposed of in accordance with the terms on which the property was received unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them and that the relationship of debtor and creditor only shall exist between them. Money received for another Cap. 4 s. 8
Part
part of those terms that the proceeds, if any, shall form an
- 262 Verify source ↗
Money received for another
Money received on behalf of another person is treated as that other person’s property, unless it is held under a debtor-creditor account arrangement.
262. Where a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received unless the money is received on the terms that it shall form an item in a debtor and creditor account and that the relationship of debtor and creditor only shall exist between the parties. Theft by persons having - 263 Verify source ↗
Theft by persons having interest in thing stolen
If someone takes or converts property in circumstances that would otherwise be theft, their ownership, lease, joint ownership, or role in the owning company does not matter.
263. Where a person takes or converts anything 121 Penal Code interest in thing stolen Cap. 4 s. 8 Husband and wife Act No. 5 of 1971 2nd Sch. General punishment for theft Ord. No. 49 of 1955 s. 10; Act No. 2 of 1972 Sch. Stealing wills [CAP. 16 R.E. 2022] capable of being stolen under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein or that he himself is the owner of the thing, taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society owning it. - 264 Verify source ↗
Husband and wife
A husband or wife can be treated as capable of stealing from the other spouse.
264. For the avoidance of doubt, it is hereby declared that a husband may be guilty of stealing from his wife or a wife from her husband. - 265 Verify source ↗
General punishment for theft
A person who steals something capable of being stolen commits theft and is liable to imprisonment for seven years, unless a different punishment applies because of the circumstances or the nature of the thing stolen.
265. Any person who steals anything capable of being stolen is guilty of theft, and is liable, unless owing to the circumstances of the theft or the nature of the thing to stolen, imprisonment for seven years. some other punishment is provided, - 266 Verify source ↗
Stealing wills
Stealing a testamentary instrument is punishable by up to ten years’ imprisonment.
266. Where the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years. Repealed - 267 Verify source ↗
Repealed
Section 267 is repealed.
267. [Repealed by Act No. 13 of 1984 Third Sch.] Stealing certain animals Act No. 12 of 1987 s. 23 Cap. 4 s. 8 - 268 Verify source ↗
Stealing certain animals
Stealing certain listed animals is punishable by 15 years’ imprisonment; killing one of those animals with intent to steal its skin, carcass, or part of either is treated as stealing the animal.
268.-(1) Where the thing stolen is any of the animals to which this section applies the offender shall be liable to imprisonment for fifteen years. (2) Where any person kills any animal to which this section applies with intent to steal its skin or carcass or any part of its skin or carcass he shall, for the purposes of section 265 and this section, be deemed to have stolen the animal and shall be liable to be proceeded against and punished accordingly. (3) This section applies to a horse, mare, gelding, ass mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat or pig. 122 Penal Code [CAP. 16 R.E. 2022] Stealing from person, etc. Ord. No. 49 of 1955 s. 11; Acts Nos. 2 of 1972 Sch.; 13 of 2019 s. 65; Cap. 4 s. 8 Stealing by persons in public service R.L. Cap. 500 s. 12 Act No. 2 of 1972 Sch. Cap. 4 s. 8 Stealing by clerks and servants Act No. 2 of 1972 Sch. Cap. 4 s. 8 Stealing by directors or officers of companies Act No. 2 of 1972 Sch. - 269 Verify source ↗
Stealing from person, etc
A theft committed in any of several listed circumstances can lead to a ten-year prison term.
269. Where a theft is committed under any of the following circumstances, that is to say, if- (a) the thing is stolen from the person of another; (b) the thing is stolen in a dwelling house and its value exceeds fifty thousand shillings or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling house; (c) the thing is stolen from any kind of vessel or vehicle or place of deposit; (d) the thing stolen is attached to or forms part of a railway; (e) the offender, in order to commit the offence, room, box or other opens any receptacle by means of a key or other instrument, locked the offender is liable to imprisonment for ten years. - 270 Verify source ↗
Stealing by persons in public service
A person employed in the public service who steals Republic property, or property received through that employment, is liable to 14 years’ imprisonment.
270. Where the offender is a person employed in the public service and the thing stolen is the property of the Republic or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for fourteen years. - 271 Verify source ↗
Stealing by clerks and servants
A clerk or servant who steals an employer’s property, or property received on the employer’s account, is liable to imprisonment for ten years.
271. Where the offender is a clerk or servant and the thing stolen is the property of his employer or came into the possession of the offender on the account of his employer, he is liable to imprisonment for ten years. - 272 Verify source ↗
Stealing by directors or officers of companies
A director or officer who steals property of the corporation or company is liable to imprisonment for fourteen years.
272. Where the offender is a director or officer of a corporation or company and the thing stolen is the property of the corporation or company, he is liable to imprisonment for fourteen years. 123 Penal Code [CAP. 16 R.E. 2022] Stealing by agents, etc. Act No. 2 of 1972 Sch. Cap. 4 s. 8 - 273 Verify source ↗
Stealing by agents, etc
If stolen property falls within certain trust or agency-related categories, the offender is liable to imprisonment for ten years.
273. Where the thing stolen is any of the following things, that is to say- (a) property which has been received by the offender with a power of attorney for its disposal; (b) property which has been entrusted to the offender either alone or jointly with any other person for him to retain in safe custody or to apply, pay or deliver it or any part of it or any of its proceeds for any purpose or to any person; (c) property which has been received by the offender either alone or jointly with any other person for or on account of any other person; (d) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that its proceeds the person of another should be applied to any purpose or paid to any person specified in the direction; (e) the whole or part of the proceeds arising from any disposal of any property which has been received by the offender by virtue of a power of attorney for the disposal, such power of attorney having been received by the offender with a direction that the proceeds should be applied to any purpose or paid to any person specified in the direction, Stealing by tenants or lodgers Act No. 13 of 2019 s. 65 Cap. 4 s. 8 Stealing after previous conviction the offender is liable to imprisonment for ten years. - 274 Verify source ↗
Stealing by tenants or lodgers
If a person steals a fixture or chattel that was let to them for use with a house or lodging and it is worth more than fifty thousand shillings, they can be imprisoned for seven years.
274. Where the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds fifty thousand shillings, he is liable to imprisonment for seven years. - 275 Verify source ↗
Stealing after previous conviction
If an offender had previously been convicted of theft, a later theft carries a fourteen-year prison term.
275. Where the offender, before committing the theft, had been convicted of theft punishable under 124 Penal Code Act No. 2 of 1972 Sch. Cap. 4 s. 8 Concealing registers Concealing wills Concealing deeds [CAP. 16 R.E. 2022] section 265, he is liable to imprisonment for fourteen years. CHAPTER XXVIII OFFENCES ALLIED TO STEALING
Part
CHAPTER XXVIII
- 276 Verify source ↗
Concealing registers
A person must not, with intent to defraud, conceal or remove certain legally kept registers or copies of register entries; doing so is an offence punishable by up to 10 years’ imprisonment.
276. Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of a register which is required by law to be sent to any public office, is guilty of an offence and is liable to imprisonment for ten years. - 277 Verify source ↗
Concealing wills
A person who, with intent to defraud, conceals a testamentary instrument is guilty of an offence and may be imprisoned for ten years.
277. Any person who, with intent to defraud, the conceals any testator is living or dead, is guilty of an offence and is liable to imprisonment for ten years. instrument, whether testamentary - 278 Verify source ↗
Concealing deeds
A person who, with intent to defraud, conceals all or part of a document proving title to land or an estate in land commits an offence.
278. Any persons who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land, is guilty of an offence and is liable to imprisonment for three years. Killing animals with intent to steal Act No. 31 of 1972 Sch. - 279 Verify source ↗
Killing animals with intent to steal
It is an offence to kill a stealable animal, other than one covered by section 268, if done with intent to steal its skin or carcass (or any part of it).
279. Any person who kills an animal capable of being stolen, other than an animal to which section 268 applies, with intent to steal its skin or carcass, or any part of its skin or carcass, shall be guilty of an offence and shall be liable on conviction to the same punishment as if he had stolen the animal. Severing with intent to steal Fraudulent disposition of - 280 Verify source ↗
Severing with intent to steal
A person who makes something movable with intent to steal commits an offence.
280. Any person who makes anything movable with intent to steal is guilty of an offence and is liable to the same punishment as if he had stolen the thing after it had become movable. - 281 Verify source ↗
Fraudulent disposition of mortgaged goods
A mortgagor must not remove or dispose of mortgaged goods without the mortgagee’s consent and with intent to defraud.
281.-(1) Any person who being the mortgagor of 125 Penal Code mortgaged goods Fraudulently dealing with minerals in mines Fraudulent appropriation of power Act No. 1 of 2022 s. 61 [CAP. 16 R.E. 2022] mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, is guilty of an offence. (2) In this section “mortgaged goods” includes any goods and chattels of any kind, an animal, the progeny of an animal, and crops or produce of the soil, whether growing or severed, which are subject for the time being, by virtue of the provisions of any law or of any written instrument, to a valid charge or lien by way of security for any debt or obligation. - 282 Verify source ↗
Fraudulent dealing with minerals in mines
A person must not take, hide, or dispose of ore, metal, or mineral at or near a mine with intent to defraud; doing so is an offence punishable by up to five years’ imprisonment.
282. Any person who takes, conceals, or otherwise disposes of any ore or any metal or mineral in or about a mine, with intent to defraud any person, is guilty of an offence and is liable to imprisonment for five years. - 283 Verify source ↗
Fraudulent appropriation of power
A person must not fraudulently take or divert another person's mechanical, illuminating, or electrical power, and can be fined or imprisoned.
283. Any person who fraudulently abstracts or diverts to his own use or to the use of another person any mechanical, illuminating or electrical power derived from a machine, apparatus or substance, which is the property of another person, is guilty of an offence and is liable to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for five years. Conversion not amounting to theft Acts Nos. 14 of 1980 s. 11; 13 of 2019 s. 65; 1 of 2022 s. 62 - 284 Verify source ↗
Conversion not amounting to theft
A person who unlawfully and without right takes or converts certain animals, cycles, or vessels, without amounting to theft, commits an offence.
284. Any person who unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any draught or riding animal or any mechanically propelled cycle of any description or any vessel shall be guilty of an offence and is liable to imprisonment for six months or to a fine not exceeding one hundred thousand shillings or to both. Causing pecuniary loss or damage to property of specified authority - 284A Verify source ↗
Causing pecuniary loss or damage to property of specified
A person who causes a specified authority pecuniary loss or damage to its property, in qualifying circumstances and above the stated threshold, commits an offence and may be fined or imprisoned.
284A.-(1) Any person who, whether or not being an employee of a specified authority, by any wilful act or omission to or by his negligence or misconduct or by reason of his failure to take reasonable care or to discharge his duties in a reasonable manner, causes any 126 Penal Code [CAP. 16 R.E. 2022] Acts Nos. 2 of 1970 Sch.; 14 of 1980 s. 12; 1 of 1993 Sch.; 9 of 2002 Sch. Cap. 245 Cap. 212 specified authority to suffer pecuniary loss or causes any damage to any property owned or in the possession of a specified authority and which pecuniary loss or damage has a monetary value of not less than ten million shillings, shall notwithstanding any written law to the contrary, be guilty of an offence and be liable on conviction to a fine of not less than five million shillings or imprisonment for a term of not less than three years or to both. (2) For the purposes of subsection (1)- “employee of a specified authority” includes an officer or a member of a specified authority whether or not he is an employee of such authority and the term “employer” shall be construed accordingly; “specified authority” means- (a) the Government or any Department of the United in the Government Republic; (b) a local government authority; (c) an executive agency established under the Executive Agencies Act; (d) the East African Community; (e) a parastatal organization; (f) any company registered under the Companies Act in which a specified authority, owns any percentage of the issued share capital or has guaranteed to pay any sum in the event of that company being wound up; (g) a village registered under any written law for the time being relating to the registration of villages; (h) a co-operative society registered under any written law for the time being relating to co-operatives. (3) A specified authority shall, for the purposes of subsection (1), be deemed to have incurred a pecuniary loss notwithstanding- (a) that it has received or is entitled to receive any 127 Penal Code [CAP. 16 R.E. 2022] payment in respect of the loss under a policy of insurance; or (b) that it has been compensated or is entitled to be compensated, for that loss. (4) A prosecution under this section shall not be commenced without the consent of the Director of Public Prosecutions. (5) For the avoidance of doubt it is hereby declared that where any person charged with stealing anything or with any other offence under any other section of this Code is acquitted, he may be subsequently charged and tried for an offence under this section only if the subsequent charge under this section is based on acts or omissions related to those upon which the previous charge was based. (6) Where the court convicts a person of an offence under this section, the court shall order that person to pay the specified authority compensation of an amount not exceeding the amount of the actual loss incurred by the specified authority and in assessing the compensation to any extenuating circumstance it may consider relevant. the court shall have regard (7) Where an order is made under subsection (6) the specified authority in whose favour the order is made may file an authenticated copy of the order in the district court having jurisdiction over the area over which the court which made the order has jurisdiction, and upon being so filed the order shall be deemed to be a decree passed by that district court and may be executed in the same manner as if it were a decree passed under the provisions of the Civil Procedure Code, and the district court shall have jurisdiction to execute the decree notwithstanding that the amount of the compensation awarded exceeds its pecuniary jurisdiction. CHAPTER XXIX ROBBERY AND EXTORTION Cap. 33 Definition of robbery Act No.
Part
CHAPTER XXIX
- 285 Verify source ↗
Definition of robbery
A person commits robbery if they steal and use or threaten actual violence at or around the time of the theft to get or keep the stolen thing or overcome resistance. If two or more people do this together, it is gang robbery.
285.-(1) Any person who steals anything and, at or immediately before or immediately after the time of 128 Penal Code 3 of 2011 s. 10 Punishment for robbery Acts Nos. 2 of 1972 Sch.; 4 of 2004 Sch. Attempted robbery Act Nos. 2 of 1972 Sch.; 10 of 1989 Sch.; 4 of 2004 Sch. Armed robbery Acts Nos. 4 of 2004 Sch.; 3 of 2011 s. 10A [CAP. 16 R.E. 2022] stealing it, uses or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of robbery. (2) Where two or more persons steal anything, and at or immediately before or immediately after stealing, use or threaten to use actual violence to any person or property in order to obtain or retain the thing stolen commits an offence of gang robbery. - 286 Verify source ↗
Punishment for robbery
A person who commits robbery is liable to imprisonment for fifteen years.
286. Any person who commits robbery is liable to imprisonment for fifteen years. - 287 Verify source ↗
Attempted robbery
A person commits an offence if they assault someone with intent to steal and use or threaten actual violence to get the stolen thing or overcome resistance.
287. Any person who assaults another with intent to steal anything, and, at or immediately before or immediately after the time of assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, commits an offence and is liable to imprisonment for a term of not less than seven years and not exceeding twenty years, with corporal punishment. - 287A Verify source ↗
Armed robbery
A person commits armed robbery if they steal while armed with a dangerous or offensive weapon and use or threaten violence to get or keep the stolen property.
287A. A person who steals anything, and, at or immediately before or after stealing is armed with any dangerous or offensive weapon or instrument and at or immediately before or after stealing uses or threatens to use violence to any person in order to obtain or retain the stolen property, commits an offence of armed robbery and shall, on conviction be liable to imprisonment for a term of not less than thirty years with or without corporal punishment. Attempt armed robbery Act No. 4 of 2004 Sch. - 287B Verify source ↗
Attempt armed robbery
A person who tries to steal while armed or with others and uses or threatens violence commits attempted armed robbery.
287B. Any person who with intent to steal anything from another person, is armed with any dangerous or offensive weapon or instrument, or is in company of one or more persons, and in the course 129 Penal Code [CAP. 16 R.E. 2022] thereof threatens, or attempt to threaten to use actual violence to any person, commits an offence termed “attempted armed robbery” and on conviction is liable to imprisonment for a minimum period of fifteen years with or without corporal punishment. Punishment for gang robbery Act No. 3 of 2011 s. 10B - 287C Verify source ↗
Punishment for gang robbery
A person who takes part in gang robbery commits an offence and, if convicted, is liable to at least 30 years’ imprisonment, with or without corporal punishment.
287C. A person who takes part in gang robbery commits an offence and, on conviction is liable to imprisonment for a term of not less than thirty years with or without corporal punishment. Assault with intent to steal Acts Nos. 2 of 1972 Sch.; 10 of 1989 Sch. Demanding property by written threats Attempts at extortion by threats - 288 Verify source ↗
Assault with intent to steal
A person who assaults another person with intent to steal commits an offence and may be punished by imprisonment and corporal punishment.
288. Any person who assaults any other person with intent to steal anything is guilty of an offence and is liable to imprisonment for a term of not less than five years but not more than fourteen years, with corporal punishment. - 289 Verify source ↗
Demanding property by written threats
A person commits an offence if, with intent to extort or gain something, they cause someone to receive a threatening demand in writing without reasonable or probable cause.
289. Any person who, with intent to extort or gain anything from any person and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of injury or detriment of any kind to be caused to any person, either by the offender or by any other person if the demand is not complied with, is guilty of an offence and is liable to imprisonment for fourteen years. - 290 Verify source ↗
Attempts at extortion by threats
A person who, intending to extort or gain something, makes certain accusations or threats about offences commits an offence and may be imprisoned.
290.-(1) Any person who, with intent to extort or gain anything from any person- (a) accuses or threatens to accuse any person of committing an offence or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an offence; (b) threatens that any person shall be accused by any other person of an offence, or of any such similar act; or (c) knowing the contents of the writing, causes any person to receive any writing containing any accusation or threat referred to in this 130 Penal Code [CAP. 16 R.E. 2022] subsection, is guilty of an offence and if the accusation or threat of accusation is of- (i) an offence for which the punishment of death or imprisonment for life may be inflicted; (ii) any of the offences defined in Chapter XV, or an attempt to commit any of those offences; (iii) an assault with intent to have sexual intercourse with any person against the order of nature, or an unlawful and indecent assault upon a male person; or (iv) a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences referred to in subparagraph this subsection, (iv) of (i) to Procuring execution of deeds, etc., by threats is liable to imprisonment for fourteen years or, in any other case not involving any matter referred to in those subparagraphs, he is liable to imprisonment for three years. (2) It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused. - 291 Verify source ↗
Procuring execution of deed, etc, by threats
A person who uses violence, threats, accusations, or coercion to make someone deal with a valuable security, or sign or seal paper to be used as one, commits an offence.
291. Any person who, with intent to defraud and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing an offence, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an offence, compels or induces any person- (a) to execute, make, accept, endorse, alter or destroy the whole or any part of any valuable security; or 131 Penal Code [CAP. 16 R.E. 2022] (b) to write any name or impress or affix any seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of an offence and is liable to imprisonment for fourteen years. Demanding property with menaces with intent to steal - 292 Verify source ↗
Demanding property with menaces with intent to steal
A person who demands a valuable thing from someone else with threats or force, intending to steal it, commits an offence and can be imprisoned for five years.
292. Any person who, with intent to steal any valuable thing demands it from another person with menaces or force, is guilty of an offence and is liable to imprisonment for five years. CHAPTER XXX BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES Definition of breaking and entering
Part
CHAPTER XXX
- 293 Verify source ↗
Definition of breaking and entering
This section defines when a person is treated as breaking into or entering a building.
293.-(1) A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or by any other means whatever, any door, window, shutter, cellar flap or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building. (2) A person is deemed to enter a building as soon as any part of his body or any part of any instrument used by him is within the building. (3) A person who obtains entry into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of a building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entry, is deemed to have broken and entered the building. House breaking and burglary Act No. 2 of 1972 Sch. Cap. 4 s. 8 - 294 Verify source ↗
Housebreaking and burglary
A person who breaks into or breaks out of a dwelling used as a human dwelling with intent to commit an offence commits housebreaking and may be imprisoned for 14 years; if committed at night, it is burglary and the penalty is 20 years.
294.-(1) Any person who- (a) breaks and enters any building, tent or vessel used as a human dwelling with intent to commit an offence therein; or (b) having entered any building, tent or vessel used as a human dwelling with intent to 132 Penal Code [CAP. 16 R.E. 2022] therein or having commit an offence committed an offence in the building, tent or vessel, breaks out of it, is guilty of housebreaking and is liable to imprisonment for fourteen years. (2) Where an offence under this section is committed in the night, it is burglary and the offender is liable to imprisonment for twenty years. Entering dwelling house with intent to commit offence Act No. 2 of 1972 Sch. - 295 Verify source ↗
Entering dwelling house with intent to commit offence
A person who enters or is in a dwelling building, tent, or vessel with intent to commit an offence commits an offence and may be imprisoned.
295. Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit an offence therein, is guilty of an offence, and liable to imprisonment for ten years and if the offence is committed in the night, he is liable to imprisonment for fourteen years. Breaking into building and committing an offence Acts Nos. 50 of 1968 1st Sch.; 2 of 1972 Sch. Breaking into building with intent to commit an offence Acts Nos. 50 of 1968 Sch.; 2 of 1972 Sch. Being armed, etc. with intent to commit an offence - 296 Verify source ↗
Breaking into building and committing offence
A person who breaks into certain buildings and commits an offence inside, or who breaks out after committing an offence inside, commits an offence and may be imprisoned for ten years.
296. Any person who- (a) breaks and enters a school house, shop, warehouse, store, workshop, garage, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is not part of it, or any building used as a place of worship and commits an offence therein; (b) having committed an offence in any building referred to in paragraph (a) breaks out of the building, is guilty of an offence and is liable to imprisonment for ten years. - 297 Verify source ↗
Breaking into building with intent to commit offence
A person commits an offence if they break and enter certain buildings with intent to commit an offence inside.
297. Any person who breaks and enters a school house, shop, warehouse, store, workshop, garage, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is not part of it, or any building used as a place of worship, with intent to commit an offence therein, is guilty of an offence, and is liable to imprisonment for fourteen years. - 298 Verify source ↗
Being armed, etc., with intent to commit offence
A person who is found in any listed armed, disguised, or housebreaking-related situation commits an offence and may be imprisoned.
298. Any person who is found under any of the following circumstances, namely- (a) being armed with any dangerous or offensive 133 Penal Code Act No. 2 of 1972 Sch. Criminal trespass R. L. Cap. 455 s. 25 [CAP. 16 R.E. 2022] weapon or instrument, and being so armed with intent to break or enter a dwelling house, and to commit an offence therein; (b) being armed at night in the manner referred to in paragraph (a) with intent to break or enter any building whatever and to commit an offence therein; (c) having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking; (d) having in his possession by day any instrument of house breaking with intent to commit an offence; (e) having his face masked or blackened or being otherwise disguised, with intent to commit an offence; or (f) being in any building whatever by day or night with intent to commit an offence therein, is guilty of an offence and is liable to imprisonment for five years or, if he has been previously convicted of an offence relating to property, he is liable to imprisonment for fourteen years. - 299 Verify source ↗
Criminal trespass
A person commits criminal trespass by unlawfully entering or staying on another person’s property with the required intent.
299. Any person who- (a) unlawfully enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of the property; or (b) having lawfully entered into or upon the property unlawfully remains there with intent thereby to intimidate, insult or annoy the person in possession of the property or with intent to commit an offence, is guilty of criminal trespass and liable to imprisonment for three months; if the property upon which the offence is committed is any building, tent or vessel used as a human dwelling or any building used as a place of worship or as a place for the custody of property, the offender is liable to imprisonment for one year. 134 Penal Code Forfeiture R. L. Cap. 500 s. 12 Definition of false pretence Act No. 14 of 1980 s. 13 Obtaining goods by false pretences Act No. 2 of 1972 Sch. Obtaining execution of a security by false pretences Act No. 2 of 1972 Sch. Cheating [CAP. 16 R.E. 2022] - 300 Verify source ↗
Forfeiture
If a person is convicted of an offence under this Chapter, the court may order forfeiture of a dangerous or offensive weapon or a housebreaking instrument used or carried in connection with the offence.
300. When any person is convicted of an offence under this Chapter the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connection with the offence shall be forfeited to the United Republic. CHAPTER XXXI FALSE PRETENCES
Part
CHAPTER XXXI
- 301 Verify source ↗
Definition of false pretence
A representation about fact or intention is false pretence if it is false and the maker knows it is false or does not believe it is true.
301. Any representation made by words, writing or conducts of a matter of fact or of intention, which representation is false act and the person making it knows it to be false or does not believe it to be true, is false pretence. - 302 Verify source ↗
Obtaining goods by false pretences
A person who uses false pretences with intent to defraud to obtain or cause delivery of stolen-capable property commits an offence and is liable to seven years’ imprisonment.
302. Any person who by any false pretence and with intent to defraud, obtains from any other person anything capable of being stolen or induces any other person to deliver to any person anything capable of being stolen, to imprisonment for seven years. is guilty of an offence and liable is - 303 Verify source ↗
Obtaining execution of security by false pretences
A person commits an offence if, by false pretence and with intent to defraud, they induce someone to deal with a valuable security or related paper or parchment in a way that it can be used as a valuable security.
303. A person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse alter or destroy the whole or part of any valuable security, or to write any name or impress or affix any seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of an offence and is liable to imprisonment for seven years. - 304 Verify source ↗
Cheating
A person who uses a fraudulent trick or device to obtain stolen property, money, or goods commits an offence and may be imprisoned for three years.
304. Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen or any other person to or deliver to any person anything capable of being stolen or to pay or deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or to device, is guilty of an offence and liable is 135 Penal Code [CAP. 16 R.E. 2022] imprisonment for three years. Obtaining credit, etc., by false pretences Acts Nos. 2 of 1972 Sch.; 3 of 2011 s. 11 - 305 Verify source ↗
Obtaining credit, etc., by false pretences
A person who uses fraud or false pretences to get credit, alter debts, transfer property, or hide/sell/remove property to defraud creditors commits an offence.
305. Any person who- (a) by any false pretences or any other means of fraud, with intent to defraud, obtains in his account or any other mode of account credits or causes his or any other person’s account to be credited or to credit the account of another person; (b) in incurring, any debt or liability, obtains credit by any false pretence or by means of any other fraud; (c) with intent to defraud any of his creditors, makes or causes to be made any gift, delivery or transfer of or any charge in his property; or (d) with intent to defraud any of his creditors, conceals, sells or removes any part of his property after or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him, Where goods or credit obtained for someone else Act No. 26 of 1971 s. 4 Conspiracy to defraud Act No. 2 of 1972 Sch. is guilty of an offence and is liable to imprisonment for five years. - 305A Verify source ↗
Where goods or credit obtained for someone else
An accused in proceedings under section 302 or 305 cannot claim acquittal just because the evidence shows someone else benefited from the goods or credit obtained.
305A. In any proceeding for an offence under section 302 or section 305 of this Code, the accused shall not be entitled to acquittal by reason only of the fact that the evidence adduced discloses that the person for whose benefit the accused obtained or attempted to obtain, the goods or, as the case may be, the credit, was a person other than the accused or the person mentioned in the charge. - 306 Verify source ↗
Conspiracy to defraud
A person who conspires with another by deceit or fraud to affect public sale prices, defraud someone, or extort property commits an offence and may be imprisoned for five years.
306. Any person who conspires with another by deceit or by any fraudulent means affect the market price of anything publicly sold or to defraud the public or any person, whether a particular person or not, or to extort any property from any person, is guilty of an offence and is liable to imprisonment for five years. Frauds on sale - 307 Verify source ↗
Frauds on sale or mortgage of property
A seller, mortgagor, or their advocate/agent must not hide or falsify title information to induce a purchaser or mortgagee, or make false statements about the title.
307. Any person who, being a seller or mortgagor 136 Penal Code [CAP. 16 R.E. 2022] or mortgage of property Act No. 2 of 1972 Sch. of any property or being the advocate or agent of a seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud- (a) conceals from the purchaser or mortgagee any title, or any the to instrument material encumbrances; (b) falsifies any pedigree on which the title depends or may depend; or (c) makes any false statement as to the title offered or conceals any fact material thereto, is guilty of an offence and is liable to imprisonment for five years. - 308 Verify source ↗
Pretending to tell fortunes
A person commits an offence if, for gain or reward, they tell fortunes or claim occult knowledge to find stolen or lost things.
308. Any person who, for gain or reward, undertakes to tell fortunes or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found is guilty of an offence. - 309 Verify source ↗
Obtaining registration, etc., by false pretence
A person who wilfully uses false pretence to get, or try to get, a registration licence or certificate under any law commits an offence.
309. Any person who wilfully procures or attempts to procure for himself or any other person any registration licence or certificate under any law by any false pretence is guilty of an offence, and is liable to imprisonment for two years. - 310 Verify source ↗
False declaration for passport
A person commits an offence if they knowingly make a false statement to get a passport, for themselves or someone else.
310. Any person who makes a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or for any other person, commits an offence and shall, on conviction, be liable to a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for term of not less than two years but not exceeding five years or to both. Pretending to tell fortunes Obtaining registration, etc., by false pretence Act No. 2 of 1972 Sch. False declaration for passport Act No. 1 of 2022 s. 63 CHAPTER XXXII RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES Receiving
Part
CHAPTER XXXII
- 311 Verify source ↗
Receiving property stolen or unlawfully obtained, etc
A person who receives or keeps property that was stolen or otherwise unlawfully obtained, knowing or having reason to suspect that, commits an offence and can be imprisoned for ten years.
311. Any person who receives or retains any 137 Penal Code [CAP. 16 R.E. 2022] property stolen or unlawfully obtained, etc. Act No. 2 of 1972 Sch. chattel, money, valuable security or other property whatsoever, knowing or having reason to believe it to have been stolen, extorted, wrongfully or unlawfully taken, obtained, converted or disposed of, is guilty of an offence and is liable to imprisonment for ten years. Persons conveying or having possession of goods suspected of having been stolen or unlawfully acquired Acts Nos. 26 of 1971 s. 5; 14 of 1980 s. 14; Cap. 20 - 312 Verify source ↗
Persons conveying or having possession of goods suspected of
A person detained under section 25 or found by police with property suspected stolen or unlawfully acquired may be charged, and if they cannot satisfy the court they did not steal or unlawfully acquire it, they can be convicted and imprisoned for up to three years.
312.-(1) Any person who- (a) has been detained as a result of the exercise of the powers conferred by section 25 of the Criminal Procedure Act and is found in possession of, or conveying in any manner, anything which may be reasonably suspected of having been stolen or otherwise unlawfully acquired; or (b) is found by a police officer in possession of or having control over any property which may, having regard to all the circumstances, be reasonably suspected of having been stolen or otherwise unlawfully acquired, may be charged with being in possession of, or conveying, or having control over, as the case may be, the property which is suspected of having been stolen or otherwise unlawfully acquired and shall, if he fails to satisfy the court that he did not steal or otherwise unlawfully acquire the property, be guilty of the offence with which he is charged and be liable, on conviction, to imprisonment for a term not exceeding three years. (2) For the purposes of this section, “unlawfully acquired” means acquired in circumstances which constitute a criminal offence under any written law and also means acquired- (a) as consideration of any sale, barter or other disposition of any property so unlawfully acquired; or (b) by way of purchase with funds, the whole or any part of which were so unlawfully acquired. (3) In proceedings for an offence under this section- (a) the accused shall not be entitled to acquittal by 138 Penal Code [CAP. 16 R.E. 2022] reason only of the fact that, on the evidence before the court, he could have been charged with, or convicted of, theft or other like offence in respect of the property; Cap. 20 Unlawful possession or conveying of public stores Ords. Nos. 32 of 1951 s. 2; 10 of 1959 s. 5; R.L. Cap. 455 s. 26 GNs. Nos. 433 of 1961; 349 of 1976 Sch. that the property found (b) where the court is satisfied that the accused was detained by a police officer in the exercise of the powers conferred upon him by section 25 of the Criminal Procedure Act, it may presume in his possession or being conveyed by him may reasonably be suspected of having been stolen or otherwise unlawfully acquired by him. (4) Where an accused person is convicted of an offence under this section in respect of any property, he shall not be charged with or be convicted of an offence of stealing or other like offence in respect of the same property. the - 312A Verify source ↗
Unlawful possession or conveying of public stores
The Minister may set marks for certain government stores by Gazette notice, and a person can commit an offence for possessing, conveying, or keeping suspected stolen or unlawfully obtained covered stores without satisfactorily explaining how they were obtained.
312A.-(1) The Minister for time being responsible for legal affairs may, by notice published in the Gazette, give directions as to the marks which may be applied in or on any stores under the control of any branch or department of, and being the property of, the Government of the United Republic. (2) Any person who is charged with conveying or having in his possession, or keeping in any building or place, whether open or enclosed, any stores marked in accordance with subsection (1) which may be reasonably suspected of having been stolen or unlawfully obtained and who fails to give an account to the satisfaction of the court of how he obtained it, is guilty of an offence. (3) Any person conveying or having in his or keeping in any building or place, of whether open or enclosed, any stores being the property of the Defence forces of the United Republic, which may reasonably be suspected of having been stolen or unlawfully obtained, and who fails to give an account to the satisfaction of the court of how he obtained it, shall be guilty of an offence. (4) For the purposes of this section the term “stores” includes all goods and chattels and any single 139 Penal Code [CAP. 16 R.E. 2022] Receiving goods stolen from outside Mainland Tanzania store or article or part thereof, and the word “mark” includes any part of a mark. - 313 Verify source ↗
Receiving goods stolen from outside Mainland Tanzania
A person who knowingly receives or possesses stolen goods obtained outside Mainland Tanzania, without lawful excuse, commits an offence.
313. Every person who, without lawful excuse, knowing anything to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Mainland Tanzania the person committing it would have been guilty of an offence, receives or has in his possession anything so stolen or obtained outside Mainland Tanzania, is guilty of an offence and is liable to imprisonment for seven years. CHAPTER XXXIII FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST AND FALSE ACCOUNTING Trustees fraudulently disposing of trust property
Part
CHAPTER XXXIII
- 314 Verify source ↗
Trustees fraudulently disposing of trust property
A trustee who, intending to defraud, destroys trust property or uses it in an unauthorised way commits an offence and can be imprisoned for seven years.
314.-(1) Any person who, being a trustee of any property, and with intent to defraud destroys the property or converts it to any use not authorised by the trust is guilty of an offence, and is liable to imprisonment for seven years. (2) For the purposes of this section the term “trustee” means any of the following persons- (a) a trustee upon an express trust created by a deed, will or instrument in writing, whether for a public, private or charitable purpose; (b) a trustee appointed as such by or under the authority of any written law; (c) a person upon whom the duties of any trust in terms of this subsection devolve; or (d) an executor or an administrator of an estate. - 315 Verify source ↗
Misappropriation and
A director, officer, or member of a corporation or company commits an offence if they fraudulently misuse, hide, falsify, or fail to record company property or records; the penalty is imprisonment for 14 years.
315. Any person who- (a) being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the 140 Misappropriati on and fraud by directors and officers of corporations, etc Act No. 2 of 1972 Sch. Penal Code [CAP. 16 R.E. 2022] corporation or company, or to cause or direct entry to be made therein; or (b) being a director, officer or member of a corporation or company, does any of the following acts with intent to defraud, that is to say- (i) destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to the corporation or company, or any entry in any such book, document or account, or is privy to that act; (ii) makes, or is privy to making, any such book, false entry in any document or account; or (iii) omits, or is privy to omitting, any material particular from any such book, document or account, False statements by official of companies is guilty of an offence, and is liable to imprisonment for fourteen years. - 316 Verify source ↗
False statements by official of companies
Company promoters, directors, officers, or auditors must not knowingly make or publish false written statements or accounts with intent to deceive, defraud, or induce people to deal with the company.
316. Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the following, purposes- (a) to deceive or to defraud any member, shareholder or creditor of the corporation or company, whether a particular person or not; (b) to induce any person, whether a particular person or not, to become a member of, or to the entrust or advance any property corporation or company, or to enter into any security for its benefit, to, is guilty of an offence and is liable to imprisonment for seven years. Fraudulent or - 317 Verify source ↗
Fraudulent or false accounting by clerk
A clerk, servant, or someone acting in that role commits an offence if they fraudulently destroy, alter, falsify, or make false entries or omissions in certain books, documents, securities, or accounts.
317. Any person who, being a clerk or servant or 141 Penal Code false accounting by clerk Act No. 2 of 1972 Sch. [CAP. 16 R.E. 2022] being employed or acting in the capacity or a clerk or servant, does any of the following acts with intent to defraud- (a) destroys, alters, mutilates or falsifies any book, document, valuable security or account which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document or account or is privy to that act; (b) makes or is privy to making any false entry in a book, document or account; or (c) omits or is privy to omitting any material particular from any such book, document or account, is guilty of an offence and is liable to imprisonment for fourteen years. False accounting by public officer Act No. 2 of 1972 Sch. - 318 Verify source ↗
False accounting by public officer
A public officer responsible for public revenue or property must not knowingly make a false statement or return about money or property in their care or control.
318. Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of an offence and shall be liable to imprisonment for seven years. CHAPTER XXXIV OFFENCES AGAINST THE SAFETY OF AVIATION Endangering safety of aviation Acts Nos. 31 of 1972 Sch.; 17 of 1989 Sch.
Part
CHAPTER XXXIV
- 318A Verify source ↗
Endangering safety of aviation
A person must not do listed acts that endanger aircraft safety, and conviction can lead to up to 30 years’ imprisonment plus corporal punishment.
318A.-(1) Any person who- (a) performs an act of violence against a person on board and aircraft in flight if that act is likely to endanger the safety of the aircraft; (b) destroys an aircraft in service or causes damage to it which renders it incapable of flight or which is likely to endanger its safety in flight; (c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or 142 Penal Code [CAP. 16 R.E. 2022] substance which is likely to destroy that aircraft or to cause damage to it which would render it incapable of flight or to cause damage to it which is likely to endanger its safety in flight; (d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or (e) communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding thirty years with corporal punishment. doors closed to continue until (2) For the purposes of this section- (a) an aircraft shall be deemed to be in flight at any time from the moment when all its following are external embarkation until the moment when any such door is opened for disembarkation; and in the case of forced landing, the flight shall be the competent deemed authorities take over the responsibility for the aircraft and for persons and property on board; (b) an aircraft shall be deemed to be in service from the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty four hours after any landing and the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this section; the beginning of (c) an act of violence includes any threat to use violence. (3) A person may be prosecuted for an offence under this section notwithstanding that the offence was committed outside Mainland Tanzania: Provided that, save where the offence was 143 Penal Code [CAP. 16 R.E. 2022] Cap. 212 committed on or in relation to an aircraft registered in Mainland Tanzania or owned by a citizen of the United Republic ordinarily resident in the United Republic or by a body corporate established by or under any written law, including a company incorporated under the Companies Act, no person shall be tried and punished for an offence under this section if he has been prosecuted for and convicted or, as the case may be, acquitted of the same offence or for an offence involving the same facts, by any court or other judicial authority outside Mainland Tanzania. (4) A person shall not be prosecuted for an offence under this section saves with the consent of Director of Public Prosecutions. Division VI.- Malicious Injuries to Property CHAPTER XXXV OFFENCES CAUSING INJURY TO PROPERTY Arson Acts Nos. 2 of 1972 Sch.; 1 of 2022 s. 64; Attempts to commit arson Act No. 2 of 1972 Sch.
Part
CHAPTER XXXV
- 319 Verify source ↗
Arson
It is an offence for any person to wilfully and unlawfully set fire to certain buildings, vessels, or mines, and the penalty is up to thirty years imprisonment.
319. Any person who wilfully and unlawfully sets fire to- (a) any building or structure whatever, whether completed or not; (b) any vessel, whether completed or not; or (c) a mine or the workings, fittings or appliances of a mine, is guilty of an offence and is liable to thirty years imprisonment. - 320 Verify source ↗
Attempts to commit arson
Any person who unlawfully attempts to set fire to certain property, or wilfully and unlawfully sets fire to nearby property that could spread fire to it, commits an offence and can be imprisoned for 14 years.
320. Any person who- (a) attempts unlawfully to set fire to anything referred to in section 319; or (b) wilfully and unlawfully sets fire to anything which is so situated that anything referred to in section 319 is likely to catch fire from it, is guilty of an offence and is liable to imprisonment for fourteen years. Setting fire to - 321 Verify source ↗
Setting fire to crops and growing plants
A person must not wilfully and unlawfully set fire to certain crops, growing plants, hay or grass, trees, saplings, or shrubs under cultivation.
321. Any person who wilfully and unlawfully sets 144 Penal Code crops and growing plants Act No. 1 of 2022 s. 65 fire to- [CAP. 16 R.E. 2022] (a) a crop of cultivated produce, whether standing, picked or cut; (b) any stack of cultivated vegetable produces or of mineral or vegetable fuel; (c) crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut; or (d) any standing trees, saplings or shrubs, whether indigenous or not, under cultivation, commits an offence and shall, on conviction, be liable to a fine of not less than one million shillings but not exceeding five million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. Attempting to set fire to crops, etc. Casting away vessels Ord. No. 47 of 1954 s. 3 - 322 Verify source ↗
Attempting to set fire to crops, etc
A person commits an offence if they unlawfully try to set fire to the section 321 items, or wilfully and unlawfully set fire to something likely to cause those items to catch fire.
322. Any person who- (a) attempts unlawfully to set fire to any such thing as is mentioned in section 321; or (b) wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in section 321 is likely to catch fire from it, is guilty of an offence and liable to imprisonment for seven years. - 323 Verify source ↗
Casting away vessels
A person commits an offence if they wilfully and unlawfully destroy or cast away a vessel, do acts likely to cause a vessel in distress to be lost, or interfere with navigation lights/signals or show false ones with intent to endanger a vessel. The penalty is imprisonment for 14 years.
323. Any person who- (a) wilfully and unlawfully casts away or destroys any vessel whether completed or not; (b) wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or (c) with intent to bring a vessel into danger, interferes with any light, beacon, buoy, mark or signal used for purposes of navigation, or exhibits any false light or signal, is guilty of an offence and is liable to imprisonment for fourteen years. Attempts to cast away vessels Ord. No. - 324 Verify source ↗
Attempts to cast away vessels
It is an offence for any person to unlawfully try to cast away or destroy a vessel, or to do anything that could immediately cause the loss or destruction of a vessel in distress.
324. Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the 145 Penal Code 47 of 1954 s. 3 Injuring animals Punishment for malicious injuries to property Ords. Nos. 47 of 1954 s. 3; 5 of 1961; Acts Nos. 65 of 1966 s. 8; 2 of 1972 Sch.; 12 of 1998 Sch. Cap. 4 s. 8 Cap. 40 [CAP. 16 R.E. 2022] immediate loss or destruction of a vessel in distress is guilty of an offence, and is liable to imprisonment for seven years. - 325 Verify source ↗
326. Punishment for malicious injuries to property
A person commits an offence if they wilfully and unlawfully kill, maim, or wound any animal capable of being stolen.
325. Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen is guilty of an offence. - 326 Verify source ↗
Punishment for malicious injuries to property
A person who wilfully and unlawfully destroys or damages property commits an offence and may face imprisonment, with longer sentences for listed types of property and circumstances.
326.-(1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, and except as otherwise provided in this section, is liable to imprisonment for seven years. (2) Where the property in question is a dwelling house or a vessel, and the injury is caused by the explosion of any explosive substance, and if- (a) any person is in the dwelling house or vessel; or (b) the destruction or damage actually endangers the life of any person, the offender is liable to imprisonment for life. the (3) Where the property in question- (a) is a bank or wall of a river, canal, aqueduct, reservoir or inland water or work which appertains to a dock, reservoir or inland water, and injury causes actual danger of inundation or damage to any land or building; (b) is a railway, a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a railway, highway or canal passes, and the property is destroyed; (c) being a railway or being any such bridge, viaduct or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway or canal passing over or under it or any part thereof, dangerous or impassable, and is thereby rendered wholly or partly dangerous or impassable; or (d) is the pipeline referred to in the Tanzania - Zambia Pipeline Act and the damage is done 146 Penal Code [CAP. 16 R.E. 2022] with intent to prevent or obstruct the use of the pipeline, the offender is liable to imprisonment for life. (4) Where in question is a the property testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender is liable to imprisonment for fourteen years. (5) Where the property in question is vessel in distress or wrecked or stranded, or anything which to belongs imprisonment for seven years. the offender the vessel, liable to is (6) Where the property in question is any part of a railway, or any work connected with a railway, the offender is liable to imprisonment for fourteen years. (6A) Where the property in question is used or intended to be used for the purpose of providing necessary service, the offender is guilty of an offence and- (a) where the offence is likely to result in danger to human life or to disrupt, damage, hinder or interfere with any necessary service or the carrying on of such service, shall be liable to imprisonment for a term of not less than twenty years but shall not exceed thirty years; in circumstances which do not result in danger to human life, shall be liable to imprisonment for a term of not less than fifteen years but shall not exceed twenty years. committed (b) where offence the is (6B) In this section, “necessary service” includes- (a) any installation, relating to supply or distribution of service transmission, electricity or telecommunication; (b) any fire service; (c) any sewerage, rubbish disposal or other 147 Penal Code [CAP. 16 R.E. 2022] sanitation service; (d) any health, hospital or ambulance service; (e) any service relating distribution of water, gas or petroleum; to the supply or (f) any road, railway, bridge, underground tunnel, car park, ferry, pontoon, pipeline for the supply of water or fuel, airfield, harbour or dock. (7) Where the property in question is used for the transmitting or distributing purpose of generating, electricity, the offender is liable and- (a) if the offence is likely to result in danger to human life, to imprisonment for fourteen years; or (b) in any other case, to imprisonment for seven years. (8) A person is liable to imprisonment for seven years if the property in question- (a) being a vessel, whether completed or not, is destroyed; (b) being a vessel whether completed or not, is damaged, and the damage is done with intent to destroy it or render it useless; (c) is a light, beacon, buoy, mark or signal, used for the purposes of navigation or for the guidance of persons engaged in navigation; (d) is a bank or wall of a river, canal, aqueduct, reservoir or inland water or a work which appertains to a dock, canal, aqueduct, reservoir, or inland water, or which is used for the purposes of landing or unlanding goods; (e) being a railway, or being a bridge, viaduct or aqueduct, which is constructed over a highway, railway or canal, or over which a highway, railway or canal passes, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same or any part thereof, dangerous or impassable; (f) being anything in process of manufacture, or an agricultural or manufacturing machine, or a 148 Penal Code [CAP. 16 R.E. 2022] manufacturing implement, or a machine or appliance used or intended to be used for performing any process connected with the preparation of any agricultural or pastoral produce, is destroyed; (g) being anything referred to in paragraph (f), is damaged and the damage is done with intent to destroy the thing in question or to render it useless; (h) is a shaft or a passage of a mine and the injury is done with intent to damage the mine or obstruct its working; (i) is a machine, appliance, apparatus, building, erection, bridge or road, appertaining to or used with a mine, whether the thing in question is completed or not; (j) being a rope, chain or tackle, of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed; (k) omitted; (l) is a well, or bore for water, or the dam, bank, wall or floodgate of a millpond or pool. (9) Where the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is liable to imprisonment for seven years. - 327 Verify source ↗
Attempts to destroy property by explosives
A person who unlawfully and with intent to destroy or damage property places an explosive substance anywhere commits an offence and can be imprisoned for 14 years.
327. Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatsoever, is guilty of an offence and is liable to imprisonment for fourteen years. - 328 Verify source ↗
Communicating infectious diseases to animals
A person who wilfully and unlawfully spreads, helps spread, or tries to spread an infectious disease to animals capable of being stolen commits an offence and can be imprisoned for seven years.
328. Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of an offence and is liable to imprisonment for seven years. Attempts to destroy property by explosives Communicatin g infectious diseases to animal Removing boundary marks with - 329 Verify source ↗
Removing boundary marks with intent to defraud
A person who intentionally and unlawfully removes or defaces a boundary marker for land commits an offence and may be imprisoned for three years.
329. Any person who, wilfully and unlawfully and with intent to defraud, removes or defaces any object or 149 Penal Code intent to defraud [CAP. 16 R.E. 2022] mark which has lawfully erected or made as an indication of the boundary of any land is guilty of an offence and is liable to imprisonment for three years. Repealed - 330 Verify source ↗
Repealed
This section is repealed.
330. [Repealed. R.L. Cap. 390 s. 33.] Causing damage, etc., to railway works Act No. 1 of 2022 s. 66 Threats to burn or destroy - 331 Verify source ↗
Causing damage, etc., to railway works
A person commits an offence if they damage, obstruct, interfere with, trespass on, or hinder railway works or railway staff, and may be fined, imprisoned, or both.
331. Any person who- (a) wilfully damages, injures or obstructs any work, way, road, to building, turnstile, gate, toll bar, fence, weighing machine, engine, tender, carriage, wagon, truck, material or plant acquired for or belonging to any railway works; (b) pulls up, removes, defaces or destroys, or in any way interferes with, any poles, stake flags, pegs, line, marks or anything driven or placed in or upon the grounds trees, stones or buildings, or any other material belonging to any railway works; (c) commits any nuisance or trespass in or upon any land buildings or premises acquired for or belonging to any railway works; or (d) wilfully molests, hinders or obstructs the officer in charge of any railway or his assistants or workmen in the execution of any work done or to be done in reference to the construction or maintenance of the railway, is guilty of an offence and is liable to a fine of not less than five million shillings but not exceeding ten million shillings or to imprisonment for a term of not less than two years but not exceeding five years or to both. - 332 Verify source ↗
Threats to burn or destroy
A person who knowingly sends, delivers, utters, or causes to be received a threatening letter or writing commits an offence.
332. Any person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn or other building or any rick or stack of grain, hay or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim or wound any cattle, is guilty of an offence and is liable to imprisonment for seven years. 150 Penal Code [CAP. 16 R.E. 2022] Defacing bank notes Acts Nos. 12 of 1966 Sch.; 5 of 1990 Sch.; 13 of 2019 s. 65 Kite-flying Act No. 17 of 1990 s. 50 - 332A Verify source ↗
Defacing bank notes
A person must not wilfully and without authority deface, tear, cut, or otherwise mutilate a legal-tender bank note or currency note.
332A. Any person who, without authority, wilfully defaces, tears, cuts or otherwise mutilates any bank note or currency note which is legal tender, is guilty of a schedule offence and is liable on conviction to a fine of five hundred thousand shillings for each note defaced or, in default, to imprisonment for a term of one year. - 332B Verify source ↗
Kite-flying
This section creates offences for fraudulently obtaining credit or money by “kite-flying,” including by bank employees assisting it, and allows imprisonment, forfeiture, and compensation orders.
332B.-(1) Subject to subsection (3), any person who fraudulently obtains credit or money of any amount from a banker by means of kite-flying is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding ten years. (2) Any person employed by a bank who, by virtue of his office fraudulently assists another person to obtain credit or money of any amount from a bank by means of kite-flying is guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding ten years. (3) A person shall be presumed fraudulent and guilty of an offence under this section if the cheque drawn by him is not honoured for reason of lack or insufficiency of funds in the account and within eight days after he is informed of the dishonoured cheque he fails or refuses to make good on the account. (4) Where any person is convicted of an offence under this section the court shall order the forfeiture to the United Republic of any money, goods or property obtained in the course of or after the commission of the offence, as well as full compensation to the bank in respect of the money involved in the kite-flying. (5) For the purposes of this section the expression “kite-flying” means obtaining money or credit by cheque on an account which has insufficient or no funds at all, thereby causing an unauthorised overdraft to a banker. Division VII. - Forgery, Coining, Counterfeiting and Similar Offences 151 Penal Code [CAP. 16 R.E. 2022] Definition of forgery Interpretation of document Making false documents Act No. 14 of 1980 s. 15 CHAPTER XXXVI DEFINITIONS
Part
CHAPTER XXXVI
- 333 Verify source ↗
Definition of forgery
Forgery means making a false document with intent to defraud or deceive.
333. Forgery is the making of a false document with intent to defraud or to deceive. - 334 Verify source ↗
335. Making false document
In this Division, “document” does not include a trade mark or another sign used with articles of commerce, even if it is written or printed.
334. The term “document” in this Division of this Code does not include a trade mark or any other sign used in connection with articles of commerce though they may be written or printed. - 335 Verify source ↗
Making false document
A person makes a false document by creating, altering, inserting into, or signing a document without authority in the ways listed here.
335. Any person makes a false document who- (a) makes a document which is false or which he has reason to believe is untrue; (b) alters a document without authority in such a manner the alteration had been authorised it would have altered the effect of the document; that if (c) introduces into a document without authority, whilst it is being drawn up, matter which if it had been authorised would have altered the effect of the document; (d) signs a document- (i) in the name of any person without his authority, whether such name is or is not the same as that of the person signing; (ii) in the name of any fictitious person alleged to exist whether the fictitious person is or is not alleged to be of the same name as the person signing; (iii) in the name represented as being the name of a different person from that of the person signing it and intended to be mistaken for the name of that person; (iv) in the name of a person personated by the document, the the person signing provided the effect of that 152 Penal Code [CAP. 16 R.E. 2022] Intent to defraud Offence of and general punishment for, forgery Act No. 2 of 1972 Sch. Forgeries punishable by imprisonment for life R.L. Cap. 500 s. 12 instrument depends upon the identity between the document and the person whom he professes to be. the person signing - 336 Verify source ↗
Intent to defraud
A person’s intent to defraud is presumed in specified false-document cases.
336. An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent that person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document. CHAPTER XXXVII PUNISHMENTS FOR FORGERY
Part
CHAPTER XXXVII
- 337 Verify source ↗
Offence of, and general punishment for, forgery
Forging any document is an offence, and the offender is liable to imprisonment for seven years unless another punishment applies because of the circumstances of the forgery or the nature of the thing forged.
337. Any person who forges any document is guilty of an offence, and liable, unless owing to the circumstances of the forgery or the nature of the thing forged to imprisonment for seven years. some other punishment is provided, - 338 Verify source ↗
Forgeries punishable by imprisonment for life
Forgery of the listed documents is punishable by life imprisonment, and the court may also order the document forfeited to the United Republic.
338. Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person to carrying on business as a banker, imprisonment for life and the court may in addition order that any such document be forfeited to the United Republic. liable is Forgery of judicial or official document - 339 Verify source ↗
Forgery of judicial or official document
Anyone who forges a judicial or official document is liable to seven years’ imprisonment.
339. Any person who forges any judicial or official document is liable to imprisonment for seven years. Forgeries punishable by - 340 Verify source ↗
Forgeries punishable by imprisonment for seven years
Forging, altering, or fraudulently handling stamps can lead to imprisonment for seven years.
340.-(1) In this section, the term “stamp” means any stamp used for the purposes of revenue or by any 153 Penal Code imprisonment for seven years [CAP. 16 R.E. 2022] Government department. (2) Any person who- (a) forges any stamp whether impressed or adhesive; (b) without lawful excuse, the proof whereof shall lie upon him, makes or has knowingly in his possession any die or instrument capable of making the impression of any stamp; (c) fraudulently cuts, tears in any way, or removes from any material any stamp with intent that another use shall be made of the stamp or any part of it; (d) fraudulently mutilates any stamp with intent that another use shall be made of the stamp; (e) fraudulently fixes or places upon any material or upon any such stamp a stamp or part of a stamp which whether fraudulently or not has been cut, torn or in any way removed from any other material or out of or from any other stamp; (f) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date or other matter or thing whatsoever written thereon with intent that another use shall be made of the stamp upon that material; or (g) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise really or apparently removed, is liable to imprisonment for seven years Making or having in
Part
part of it;
- 341 Verify source ↗
Making or having in possession paper or implements for forgery
A person must not make, use, keep, or possess paper or implements used for forgery of currency-note-like paper or related devices, unless they have lawful authority or excuse.
341. Any person who without lawful authority or excuse, proof whereof lies upon him- 154 Penal Code possession paper or implements for forgery Act No. 12 of 1966 Sch. [CAP. 16 R.E. 2022] (a) makes, uses or knowingly has in his custody or possession any paper intended to resemble and pass as special paper such as is provided and used for making any currency note or bank note; (b) makes, uses or knowingly has in his custody or possession, any frame, mould or instrument for making such paper, or for producing in or on such paper any words, figures, letters, marks, lines or devices peculiar to and used in or on any such paper; (c) engraves or anywise makes upon any plate, wood, stone or other material, any words, figures, letters, marks, lines or devices, the print whereof resembles in whole or in part any words figures, letters, marks, lines or devices peculiar to and used in or on any currency note or bank note or in or on any document entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund or debt of any part of the Commonwealth or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without the Commonwealth; (d) uses or knowingly has in his custody or possession any plate, wood, stone or other material, upon which any such words, figures, letters marks, lines or devices have been engraved or in anywise made as aforesaid; or (e) uses or knowingly has in his custody or possession, any paper upon which any such words, figures, letters, marks, lines or devices have been printed or in anywise made as aforesaid, is guilty of an offence and is liable to imprisonment for seven years Uttering false documents - 342 Verify source ↗
Uttering false documents
A person who knowingly and fraudulently utters a false document commits an offence and is liable to the punishment for forgery for that document.
342. Any person who knowingly and fraudulently utters a false document is guilty of an offence and is 155 Penal Code [CAP. 16 R.E. 2022] Uttering cancelled or exhausted documents liable to the punishment, provided for in respect of the offence of forgery in relation to that document. - 343 Verify source ↗
Uttering cancelled or exhausted documents
A person must not knowingly use or present as valid a document that has been revoked, cancelled, suspended, or has otherwise stopped being operative.
343. Any person who knowingly utters for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by affluxion of time, or by death, or by the happening of any other event, is guilty of an offence and is liable to the same punishment, as if he had forged the document. Procuring execution of documents by false pretences - 344 Verify source ↗
Procuring execution of documents by false pretences
A person who uses false or fraudulent statements about a document to get someone else to sign or execute it commits an offence.
344. Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another person to sign or execute the document, is guilty of an offence and is liable to the same punishment, as if he had forged the document. Obliterating crossing on cheques Making documents without authority - 345 Verify source ↗
Obliterating crossing on cheques
A person acting with intent to defraud must not tamper with the crossing on a cheque or knowingly pass on a crossed cheque whose crossing has been tampered with.
345. Any person who, with intent to defraud- (a) obliterates, adds to or alters the crossing on a cheque; or (b) knowingly utters a crossed cheque, the crossing on which has been obliterated, added to or altered, is guilty of an offence, and is liable to imprisonment for seven years. - 346 Verify source ↗
Making documents without authority
It is an offence to make, sign, execute, or knowingly utter a document in another person’s name or account when done to defraud or deceive, and the penalty is up to seven years’ imprisonment.
346. Any person who, with intent to defraud or to deceive- (a) without lawful authority or excuse, makes, signs or executes for or in the name or account of another person, whether by procuration or otherwise, any document or writing; or (b) knowingly utters any document or writing so made, signed or executed by another person, is guilty of an offence and is liable to imprisonment for seven years. Demanding property upon - 347 Verify source ↗
Demanding property upon forged testamentary instruments
A person commits an offence if they knowingly obtain delivery or payment of property or money through probate or administration based on a forged testamentary instrument or false evidence.
347. Any person who procures the delivery or 156 Penal Code forged testamentary instrument Purchasing forged notes Falsifying warrants for money payable under public authority Falsification of register [CAP. 16 R.E. 2022] payment to himself or any other person of any property or letters of money by virtue of any probate or administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence and is liable to the same punishment as if he had forged the document by virtue whereof he procures the delivery or payment. - 348 Verify source ↗
Purchasing forged notes
A person who knowingly buys, receives, or possesses a forged bank note or currency note without lawful authority or excuse commits an offence.
348. Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession, a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of an offence, and is liable to imprisonment for seven years. - 349 Verify source ↗
Falsifying warrants for money payable under public authority
A public servant who knowingly and fraudulently issues or delivers a warrant for the wrong amount commits an offence.
349. Any person who, being employed in the public service, knowingly and with intent to defraud, makes out or delivers to any person a warrant for the payment of any money payable by a public authority for a greater or lesser amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of an offence and is liable to imprisonment for seven years. - 350 Verify source ↗
Falsification of register
A person in custody of a register or record kept by lawful authority must not knowingly allow a false entry to be made in it.
350. Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of an offence and is liable to imprisonment for seven years. Sending false certificate of marriage to registrar - 351 Verify source ↗
Sending false certificate of marriage to register
A person must not sign or send a knowingly false marriage certificate, or a document pretending to be one, to someone legally authorised to register marriages.
351. Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be certificate of marriage, which in any material particular is to his knowledge false, is guilty of an offence and is liable to imprisonment for seven years. 157 Penal Code [CAP. 16 R.E. 2022] False statements for registers of births, deaths and marriages Wrongful issue of notes Act No. 12 of 1966 Sch. Cap. 197 - 352 Verify source ↗
False statements for registers of births, deaths and marriages
A person who knowingly makes a false statement to get it entered in a births, deaths, or marriages register commits an offence.
352. Any person who knowingly and with intent to procure the same to be inserted in a register of births, deaths or marriages, makes any false statement touching any matter required by law to be registered in any such register, is guilty of an offence and is liable to imprisonment for three years. - 352A Verify source ↗
Wrongful issue of notes
A person must not issue, or help issue, notes pretending to be Tanzanian currency or bank notes except as allowed by the Bank of Tanzania Act.
352A. Any person who issues or is a party to issuing- (a) any note purporting to be a currency note of Tanzania; or (b) any bank note purporting to be currency in Tanzania, otherwise than in accordance with the provisions of the Bank of Tanzania Act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years. Definitions R.L. Cap. 500 s. 36; Act No. 12 of 1966 Sch. CHAPTER XXXVIII OFFENCES RELATING TO COIN
Part
CHAPTER XXXVIII
- 353 Verify source ↗
Definitions
This section defines “coin” and “counterfeit coin” for this Chapter.
353. In this Chapter- “coin” includes any coin coined in a mint for use in Tanzania, or lawfully current in Tanzania or in any part of the Commonwealth; and any coin of a foreign sovereign or state, and coin which was at any time legal tender in Tanzania or in any other country and which is convertible into coin of legal tender therein; “counterfeit coin” means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination. Counterfeiting coins
Part
part of the Commonwealth; and any coin of a
- 354 Verify source ↗
Counterfeiting coins
A person must not make or try to make a counterfeit coin.
354. Any person who makes or attempts to make any counterfeit coin is guilty of an offence and is liable to imprisonment for life. 158 Penal Code Preparations for coining [CAP. 16 R.E. 2022] - 355 Verify source ↗
Preparations for coining
A person must not prepare counterfeit coin or deal with counterfeit coin or related tools, and a breach can lead to life imprisonment.
355. Any person who- (a) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; (b) makes any piece of metal into a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; or (c) without lawful authority or excuse, the proof of which lies on him- (i) buys, sells, receives, pays or disposes of any counterfeit coin at a lower rate is apparently than intended to import, or offers to do any such thing; imports or it (ii) brings or receives into Tanzania any counterfeit coin, knowing it to be counterfeit; (iii) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any part of either side thereof, knowing the same to be a stamp or mould or to be so adapted; (iv) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any tool, instrument or machine which is adapted and intended to be used for making coin round the edges with marks apparently figures resembling those on the edges of any coin, knowing the same to be so adapted and intended; or or (v) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any tool, press for coinage, or any 159 Penal Code [CAP. 16 R.E. 2022] is instrument or machine which adapted for cutting round blanks out of gold, silver or other metal, knowing the press, tool, instrument or machine to have been used or to be intended to be used for making any counterfeit coin, is guilty of an offence and is liable to imprisonment for life. Clipping
Part
part of either side thereof, knowing
- 356 Verify source ↗
Clipping
A person who reduces the weight of a coin with intent for it to pass as coin commits an offence and can be imprisoned for seven years.
356. Any person who deals with any coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as coin, is guilty of an offence and is liable to imprisonment for seven years. Melting down of coin Act No. 5 of 1990 Sch. - 357 Verify source ↗
Melting down of coin
Any person must not melt, break up, or deface any coin current in Tanzania.
357. Any person who melts down, breaks up or defaces by stamping thereon any name, word or mark any coin current for the time being in Tanzania, is guilty of an offence, and is liable to imprisonment for two years or to a fine of fifty thousand shillings or to both. Impounding and destruction of counterfeit coin Act No. 12 of 1966 Sch. receives, during - 358 Verify source ↗
359. Possession of clippings
Government officers and bank managers must seize suspected counterfeit coins and send them to a Bank of Tanzania officer; that officer may destroy or alter the coin, with or without compensation.
358.-(1) Any officer of the Government or the the manager of any bank who performance of his duties, any coin which he has reasonable ground for believing to be counterfeit coin shall impound such coin and transmit it to an officer of the Bank of Tanzania appointed by the Bank for the purpose, who may cut, deface or destroy it with or without compensation, as he thinks fit, if in his opinion it is counterfeit. (2) The decision of an officer of the Bank of Tanzania appointed by the Bank for the purpose, that a coin is counterfeit and that compensation should be granted or withheld shall be final, and no person shall be entitled to claim, and no proceedings or action shall be brought, against the Bank of Tanzania or the Government in respect of any loss or damage suffered by reason of such impounding and cutting, defacing or destruction. Possession of clippings - 359 Verify source ↗
Possession of clippings
A person who unlawfully possesses or disposes of certain gold or silver by-products obtained from debasing coin, while knowing how they were obtained, commits an offence and can be imprisoned for seven years.
359. Any person who unlawfully has in his 160 Penal Code [CAP. 16 R.E. 2022] possession, or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of an offence and is liable to imprisonment for seven years. Uttering counterfeit coin - 360 Verify source ↗
Uttering counterfeit coin
A person who knowingly utters counterfeit coin commits an offence.
360. Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of an offence. Repeated uttering - 361 Verify source ↗
Repeated uttering
A person who deals with counterfeit coin in the listed ways commits an offence and can be imprisoned for three years.
361. Any person who- (a) utters any counterfeit coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit coin; (b) utters any counterfeit coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit coin, knowing it to be counterfeit; or (c) has in his possession three or more pieces of counterfeit coin, knowing to be counterfeit and with intent to utter any of them, them is guilty of an offence and liable to imprisonment for three years. Uttering medal or metal as coin - 362 Verify source ↗
Uttering medal or metal as coin
A person must not, with intent to defraud, pass off a medal or piece of metal as coin when it is worth less than the coin it is pretending to be.
362. Any person who, with intent to defraud, utters as and for coin any medal or piece of metal, whether a coin or not, which is of less value than the coin as and for which it is uttered, is guilty of an offence and is liable to imprisonment for one year. Exporting counterfeit coin - 363 Verify source ↗
Exporting counterfeit coin
A person commits an offence if, knowing a coin is counterfeit, they export it or load it onto a vessel or vehicle for export from Tanzania without lawful authority or excuse.
363. Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board a vessel or vehicle of any kind for the purposes of being exported from Tanzania, any counterfeit coin whatsoever, knowing it to be counterfeit, is guilty of an offence. Forfeiture R.L. - 364 Verify source ↗
Forfeiture
If a person is convicted under this Chapter or Chapter XXXVII, the court must order forfeiture to the Republic of specified counterfeit or offence-related items.
364. When any person is convicted of an offence 161 Penal Code Cap. 500 s. 12 Possession of die used for purposes of marking stamps R.L. Cap. 500 ss. 12 and 36 [CAP. 16 R.E. 2022] under this Chapter, or Chapter XXXVII, the court shall order the forfeiture to the Republic of any forged bank note, currency note, counterfeit coin, stamp, mould, tool, instrument, machine, press or any coin, bullion or metal used or employed in the commission of the offence. CHAPTER XXXIX COUNTERFEIT STAMPS
Part
CHAPTER XXXIX
- 365 Verify source ↗
Possession of die used for purpose of making stamps
A person must not make, possess, use, alter, or deal with stamp-making tools, related paper, or previously used stamps without lawful authority or excuse.
365. Any person who, without lawful authority or excuse, the proof of which lies on him- (a) makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his possession, or disposes of any die, plate or instrument used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue or of the Tanzania Posts Corporation or of any foreign country, or capable of producing in or on paper any words, figures, letters, marks or lines used in or on any paper specially provided by the proper authority for any such purpose; (b) knowingly has in his possession or disposes of any paper or other material which has on it the impression of any die, plate or instrument, or any paper which has on it or in it any words, figures, letters, marks or lines referred to in paragraph (a); (c) fraudulently, and with intent that use may be made of any stamp or of any part of it, removes the stamp from any material in any way whatsoever; (d) fraudulently, and with intent that use may be made of any part of a stamp, mutilates the stamp; (e) fraudulently fixes or places upon any material or upon any such stamp, any stamp or part of a stamp which has been in any way removed from any other material, or cut off or from any 162 Penal Code [CAP. 16 R.E. 2022] other stamp; (f) fraudulently, and with intent that use may be made of any stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, the material anything whatever written on it; from (g) knowingly has in his possession or disposes of anything obtained or prepared by any unlawful act prohibited under paragraphs (a) to (f), or as aforesaid; or (h) fraudulently or with intent to cause loss to the public revenue, uses for any purpose any stamp which he knows to have been previously used, is guilty of an offence and is liable to imprisonment for seven years and any die, plate, instrument, paper or other thing referred to in this section which is found in his possession shall be forfeited to the United Republic. - 366 Verify source ↗
Paper and dies for postage stamps
A person must not make, use, possess, prepare, or dispose of imitation postage stamps or the tools for making them unless they have lawful authority or excuse.
366. Any person who, without lawful authority or excuse, the proof of which lies on him- (a) makes or begins or prepares to make, or uses for any postal purposes, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of Tanzania or of any foreign country; or (b) makes or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of any die, plate, instrument or material for making any such imitation or representation, is guilty of an offence, and is liable to imprisonment for one year, or to a fine of one hundred thousand shillings and any stamps or other things referred to in this section which are found in his possession, shall be forfeited to the United Republic. (2) For the purposes of this section a stamp 163 Paper and dies for postage stamps R.L. Cap. 500 ss. 12 and 36 Penal Code [CAP. 16 R.E. 2022] purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown. CHAPTER XL COUNTERFEITING TRADE MARKS Repealed2
Part
CHAPTER XL
- 367 Verify source ↗
Repealed
Sections 367–368 are repealed.
367.-368. [Repealed by Act No. 20 of 1963 s. - 19
This section is titled “Personation in general” and refers to falsely acknowledging deeds, recognisances, and related personation in a certificate context.
19.] CHAPTER XLI PERSONATION Personation in general Cap. 4 s. 8 Falsely acknowledging deeds, recognisances, etc. Personation of person named in certificate
Part
CHAPTER XLI
- 369 Verify source ↗
Personation in general
A person who, with intent to defraud, pretends to be another person commits an offence.
369.-(1) Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of an offence. (2) Where the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the offence to obtain that property or possession thereof, he is liable to imprisonment for seven years. - 370 Verify source ↗
Falsely acknowledging deeds, recognisances, etc
A person commits an offence if, without lawful authority or excuse, they make an acknowledgement in someone else’s name before a court or authorised person.
370. Any person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person before any court or person lawfully authorised to take such an acknowledgement, an acknowledgement of liability of any kind, or an acknowledgement of a deed or other instrument, is guilty of an offence. - 371 Verify source ↗
Personation of person named in certificate
A person who uses another person’s official document and pretends to be the named person commits an offence.
371. Any person who utters any document which has been issued by lawful authority to another person and whereby that other person is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or 2 Note: Chapter XL repealed by the Merchandise Marks Act, 1963 (Act No. 20 of 1963 s.19) was retained under the R.E 2002 but is now omitted after the coming into operation of the Merchandise Marks Act vide G.N 94/2005 164 Penal Code [CAP. 16 R.E. 2022] Lending, etc., certificate for personation status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document. - 372 Verify source ↗
Lending, etc., certificate for personation
A person who is given a lawful certificate or document and then sells, gives, or lends it so another person can impersonate the named person commits an offence.
372. Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that, that other person may represent himself to be the person named therein, is guilty of an offence. Personation of person named in testimonial of character - 373 Verify source ↗
Personation of person named in testimonial of character
A person must not use another person’s testimonial document to try to get employment.
373. Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial character given to another person, is guilty of an offence, and is liable to imprisonment for one year. Lending etc., testimonial for personation - 374 Verify source ↗
Lending, etc., testimonial for personation
A person who has been given a document mentioned in section 373 must not give, sell, or lend it to someone else with intent that it be used to obtain employment, or they commit an offence.
374. Any person who, being a person to whom any such document as is mentioned in section 373 has been given, gives, sells or lends such document to another person with intent that other person may utter the document for the purpose of obtaining any employment, is guilty of an offence. CHAPTER XLII SECRET COMMISSIONS Repealed
Part
CHAPTER XLII
- 375 Verify source ↗
379. Repealed
Sections 375 to 379 are marked repealed.
375.-379. [Repealed by R.L. Cap. 400 s. 15.] Division VIII. - Attempts, Conspiracies to Commit Crimes, Accessories after the Fact, and Solicitation and Incitement 165 Penal Code [CAP. 16 R.E. 2022] CHAPTER XLIII ATTEMPTS Attempt defined
Part
CHAPTER XLIII
- 380 Verify source ↗
Attempt defined
A person who starts carrying out an intended offence with an overt act, but does not complete it, is treated as attempting that offence.
380.-(1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfillment, and manifests his intention by some overt act, but does not fulfill his intention to such extent as to commit the offence, he is deemed to attempt to commit the offence. (2) It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfillment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention. is reason of circumstances not known to the offender it is impossible in fact to commit the offence. immaterial that by (3) It Attempt to commit offence Punishment of attempts to commit offence - 381 Verify source ↗
Attempt to commit offences
A person who attempts to commit an offence commits an offence, unless a different punishment is provided.
381. Any person who attempts to commit an offence is guilty of an offence for which, unless a to different punishment imprisonment for two years or a fine or both. is provided, he liable is - 382 Verify source ↗
Punishment of attempts to commit offences
A person who tries to commit a very serious offence commits an offence and may be imprisoned for seven years if no other punishment applies.
382. Any person who attempts to commit an offence of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of fourteen years or more with or without other punishment is guilty of an offence and is liable, if no other punishment is provided, to imprisonment for seven years. Neglect to prevent offence - 383 Verify source ↗
Neglect to prevent offence
A person who knows another person is planning or carrying out an offence must use all reasonable means to try to prevent it.
383. Every person who knowing that a person designs to commit or is committing an offence, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of an offence. 166 Penal Code [CAP. 16 R.E. 2022] Conspiracy to commit an offence punishable with imprisonment for three or more years of imprisonment Conspiracy to commit an offence punishable with imprisonment for less than three years Other conspiracies Act No. 5 of 1971 2nd Sch. Cap. 4 s. 4 CHAPTER XLIV CONSPIRACIES
Part
CHAPTER XLIV
- 384 Verify source ↗
Conspiracy to commit offence punishable with imprisonment for
A person who conspires with another to commit certain serious offences commits an offence and may be imprisoned.
384. Any person who conspires with another to commit any offence, punishable with imprisonment for a term of three years or more, or to do any act in any part of world which if done in Tanzania would be an offence so punishable, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of an offence, and is liable if no other punishment is provided, to imprisonment for seven years or, if the greatest punishment to which a person convicted of the offence in question is liable is less than imprisonment for seven years, then to such lesser punishment.
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