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Tanzania Act or statute

Parliament of Tanzania

The Penal Code R:E 2022

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,…

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Jurisdiction
Tanzania
Structure
406 provisions
Citation
The Penal Code R:E 2022
Dates
Legal dates not recorded
More statute details
Dates
Legal dates not recorded

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Official source

01

Purpose and legislative effect

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

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

02

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Other conspiracies

A person who conspires with another to achieve certain unlawful purposes, or to achieve a lawful purpose by unlawful means, commits an offence.

Section 386

04

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Source record from oagmis.oag.go.tz · Legal dates not recorded

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Provisions 401–406

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Showing 6 of 406 provisions

Offence 4Interpretation 2

Part

CHAPTER XLIV

§ 385Conspiracy to commit offence punishable with imprisonment forOffence

A person who conspires with another to commit certain less-serious offences commits an offence.

385. Any person who conspires with another to commit an offence punishable with imprisonment for a term of less than three years, or to do any act in any part of the 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.
Section 385Verify source
§ 386Other conspiraciesOffence

A person who conspires with another to achieve certain unlawful purposes, or to achieve a lawful purpose by unlawful means, commits an offence.

386.-(1) Any person who conspires with another to effect any of the following purposes, that is to say- (a) to prevent or defeat the execution or enforcement of any written law; (b) to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; (c) to prevent or obstruct the free and lawful disposition of any property by the owner for its fair value; (d) to injure any person in his trade or profession; or (e) to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession or occupation; 167 Penal Code [CAP. 16 R.E. 2022] (f) to effect any unlawful purpose; or (g) to effect any lawful purpose by any unlawful means, is guilty of an offence. (2) For the avoidance of doubt, it is hereby declared that a husband and wife may be guilty of conspiring is a their marriage monogamous marriage or a polygamous marriage. together, whether CHAPTER XLV ACCESSORIES AFTER THE FACT
Section 386Verify source

Part

CHAPTER XLV

§ 387Definition of accessories after factInterpretation

A person who helps someone he knows is guilty of an offence, to help that person escape punishment, becomes an accessory after the fact, subject to listed spousal exceptions.

387.-(1) A person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, an accessory after the fact of the offence. (2) A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting, in her husband's presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become accessory after the, fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.
Section 387Verify source
§ 388Punishment of accessories after fact to offences punishable withInterpretation

A person who becomes an accessory after the fact to a serious offence (one punishable by at least three years’ imprisonment) commits an offence and may be imprisoned for seven years if no other punishment applies.

388. Any person who becomes an accessory after the fact to an offence punishable with imprisonment for three years or more, is guilty of an offence, and is liable, if no other punishment is provided, to imprisonment for seven years. Definition of accessories after fact Punishment of accessories after fact to offences punishable with three or more years imprisonment Act No. 2 of 1972 Sch. Punishment of accessories after fact to offences
Section 388Verify source
§ 389Punishment of accessories after fact to offences punishable withOffence

A person who becomes an accessory after the fact to an offence punishable with less than three years’ imprisonment commits an offence.

389. Any person who becomes an accessory after the fact to an offence punishable with imprisonment for less than three years is guilty of an offence. 168 Penal Code punishable with less than three years imprisonment Soliciting or inciting commission of offence Ord. No. 47 of 1954 s. 2 [CAP. 16 R.E. 2022] CHAPTER XLVI SOLICITATION AND INCITEMENT
Section 389Verify source

Part

CHAPTER XLVI

§ 390Soliciting or inciting commission of offenceOffence

A person commits an offence by soliciting or inciting someone else to commit an offence, even if the attempt has no effect.

390. Any person who solicits or incites another to commit an offence an offence notwithstanding that the solicitation or incitement has no effect. is guilty of ____________________________ 169
Section 390Verify source

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