The Criminal Procedure Act

A judgment must not be delayed or held back because of objections that could have been fixed by amendment, or because of mistakes in swearing witnesses.

The court may receive evidence before sentencing if it thinks it will help determine the proper sentence.

The High Court may consider an unconvicted offence when deciding sentence, but only if the accused is told in ordinary language, admits the offence, and asks for it to be considered.

A person sentenced to death must be executed by hanging.

If an accused person is sentenced to death, the court must tell him the time limit for appealing.

A certificate signed by the Registrar or another court officer stating that a death sentence has been passed and naming the condemned person is enough authority to detain that person.

After a death sentence, the judge or magistrate must send the trial notes and a signed report to the President, and the President must then issue the appropriate warrant, commutation order, or pardon.

If a court finds the charge proved, it may discharge the offender instead of convicting, either after admonition or on a conditional bond.

The sentencing judge or magistrate must issue a warrant to carry out an imprisonment sentence in a prison within Tanzania Mainland, except for a death sentence.

A court-ordered payment can be collected from the person’s movable and immovable property under a warrant, but immovable property cannot be sold if enough movable property is available.

A person claiming an interest in attached property may object in writing before sale proceeds are received, and the court must then pause the execution and hear the claim.

The court may suspend or enforce imprisonment for non-payment of a fine, require a bond, and allow payment by installments.

If the officer enforcing a distress warrant reports that there is no property, or not enough property, to recover the money and expenses, the court may commit the person ordered to pay to prison unless payment is made first.

The court may commit a person to prison instead of or after a distress warrant if property distress would be ruinous, there is no property to levy on, or another sufficient reason exists.

A person committed for non-payment may pay the warrant sum, plus any authorised expenses, to the person holding them, and that person must release them if they are not held for any other matter.

If a jailed person pays part of the money owed, the prison term is reduced proportionally, and the prison officer must bring the person before a court on application.

A judge or magistrate who passed the sentence, or that person’s successor, may issue a warrant to carry out the sentence.

A commitment for non-payment must not exceed six months, unless the law for the conviction allows a longer period.

A court may release a convicted person on probation and a bond instead of sentencing immediately, if the offence is not punishable with death and there is no previous conviction.

If a convicted offender breaches recognisance conditions, the court may issue an arrest warrant, and after arrest the offender must be brought before the issuing court.

Before releasing an offender under section 338, the court must be satisfied about the offender’s or surety’s local abode or occupation.

A court may release a convicted offender to community service instead of prison if the offence is not punishable by death and the court considers the offender’s youth, character, background, health, the minor nature of the offence, or other extenuating circumstances.

Sections 337, 338 and 339 do not apply in Mainland Tanzania areas where the Probation of Offenders Act applies.

A court may order a convicted person to be subject to police supervision for up to five years after release from prison.

A court may order a person under police supervision and living at large in Tanzania to live in a specified district, stay there unless given written consent to move or leave, keep the local police or administrative officer informed of their address, and report when called. The court may also vary the order or summon the person, and the Minister may make rules for the section.

A person under police supervision who is at large in Tanzania commits an offence if they refuse or neglect to comply with section 342 requirements or rules made under it.

The court may amend defects in orders or warrants at any time, and errors or omissions about time, place, or form do not by themselves make an act void or unlawful if the order or warrant is based on a valid conviction or judgment.

A High Court judge or magistrate may order costs to be paid after a conviction, or may order a private prosecutor to pay costs if the accused is acquitted or discharged in certain privately initiated prosecutions.

An appeal lies from an order awarding costs under section 345: a magistrate’s order goes to the High Court, and a judge’s order goes to the Court of Appeal.

If an accused person is acquitted and the court thinks the charge was frivolous or vexatious, the court may order the complainant to pay compensation.

A court may order a convicted person to pay compensation to someone who suffered loss or injury from the offence.

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

If costs or compensation are not paid, the person in default may be imprisoned for up to six months unless payment is made sooner.

A court may direct that some or all of a fine be used to pay prosecution expenses or compensation for loss or injury caused by the offence.

A court may order forfeiture, confiscation, destruction, delivery, keeping, sale, or payment into the Consolidated Fund of property linked to an offence.

A court or justice of the peace may issue a search warrant for an article ordered forfeited or confiscated, if sworn information supports the request and admission to the premises has been refused or is likely to be refused.

This section lets a court dispose of evidence in criminal cases, including selling, destroying, or returning it, and directs what happens to sale proceeds.

After a conviction, the court may order destruction of certain obscene, defamatory, noxious, or adulterated items.

A court may order movable property restored to a person who was dispossessed by criminal force, after a conviction, if the court thinks fit.

A public officer with duties connected to a property sale under this Act must not buy or bid for that property.

If property is taken from a person when they are arrested after being charged with an offence, the court may order it returned or used to pay fines, costs, or compensation.

Property linked to certain theft-related convictions must be restored to the owner or representative, and courts have power to make restitution orders.

A person aggrieved by a subordinate court decision may appeal to the High Court, but not for preliminary or interlocutory orders unless they finally determine the criminal charge.

Appeals are barred in several guilty plea and low-sentence cases, except for limited sentence issues or with leave of the High Court.

An appeal covered by this section must be filed with notice within 10 days and a petition within 45 days, with a shorter 3-day notice period for corporal punishment sentences.

An appeal must be filed as a written petition, usually with a copy of the proceedings, judgment, or order appealed against, unless the High Court directs otherwise.

If the appellant is in prison, the appellant may give the appeal petition and copies to the officer in charge of the prison, who must send them to the Registrar of the High Court.

The High Court may summarily reject an appeal after reviewing the required petition and copy if the stated conditions are met, and it must promptly notify the Director of Public Prosecutions of any order made.

If the High Court does not summarily dismiss an appeal, it must notify the appellant or lawyer and the Director of Public Prosecutions of the hearing time and place, and give the DPP the proceedings and grounds of appeal.

At an appeal hearing, the appellant or advocate may speak, the prosecutor may respond if حاضر, and the court may invite a reply and make appeal orders. The appellant is entitled to be present; if in custody, transfer costs are normally paid by the appellant unless the court orders government transport.

If a case is decided on appeal by the High Court, the High Court must certify its judgment or order to the court that made the original conviction, sentence, or order, and that court must make orders matching the High Court’s decision and amend records if needed.

After an appeal is entered, the convicting or sentencing subordinate court may order bail or suspend the sentence pending the appeal.

In an appeal from a subordinate court, the High Court may take additional evidence itself or have it taken by a subordinate court, and it must record reasons if it considers that evidence necessary.

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

An appellant may withdraw an appeal before hearing by written notice to the Registrar, and the appeal will then be marked withdrawn.

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

The High Court may call for and examine records of criminal proceedings in a subordinate court to check correctness, legality, propriety, and regularity.

The High Court may revise certain subordinate court proceedings, change orders, enhance sentences, and in some cases convert acquittals to convictions, but it must hear the accused before making a prejudicial order.

In revision proceedings, a party has no right to be heard before the High Court, but the court may choose to hear a party if it thinks fit.

A single judge may hear High Court revisional proceedings and make the judgment or order.

If the High Court revises a case, it must certify its decision or order to the court that made the original sentence or order, and that court must then make orders consistent with the certified decision and amend the record if needed.

This section defines “Director of Public Prosecutions” and “respondent” for the following section.

The Director of Public Prosecutions may appeal to the High Court from certain subordinate court decisions.

Appeals under section 378 are only entertained if the prosecutor gives notice within 30 days and files the petition within 45 days, unless the High Court admits the appeal for good cause.

Appeals under section 378 must be filed as written petitions and usually include the appealed proceedings, judgment, or order.

When an appeal petition is filed, the High Court must notify the respondent or the respondent’s advocate and include the hearing time, place, and appeal papers. If the respondent cannot be found, notice must be published in a newspaper three times and the appeal may proceed without the respondent.

On an appeal under section 378, the Director of Public Prosecutions and the respondent or his advocate may address the court, and the court may give several orders on the appeal.

If an appellant or advocate does not appear for an appeal hearing, the High Court may dismiss the appeal or deal with it in other ways set out here.

When handling certain appeals, the High Court may take additional evidence itself or send it to a subordinate court, but it must record its reasons first.

Section 370 applies to appeals under section 378.

The Director of Public Prosecutions may withdraw an appeal before the hearing by written notice to the Registrar; the Registrar must mark it withdrawn and notify the respondent and subordinate court, and the court may restore it on application by the Director of Public Prosecutions if there are sufficient reasons.

An appeal under section 378 ends if the respondent dies.

A court generally must not overturn or change a finding, sentence, or order just because of errors or irregularities in the case papers or proceedings, unless the error caused a failure of justice.

The High Court may issue orders to bring people or prisoners before the court, release unlawfully detained persons, move prisoners for trial, or bring a defendant’s body before the court.

The High Court may issue writs when exercising its criminal jurisdiction.

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

Applications under this Act must be made to a court either orally or in writing.

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

The High Court may approve forms, and those forms may be used with variations needed for each circumstance.

The Minister may make regulations to carry out this Act.

The Minister may make rules to keep a computerized DNA database system for enforcing sexual offences under the Penal Code.

This section repeals the Criminal Procedure Code, while keeping savings in place.

A police officer may arrest without warrant for aiding, abetting, counselling, or procuring an offence only when the underlying offence can also be arrested without warrant.

This section lists treason-related offences, whether a police officer may arrest without warrant for them, and the punishments under the Penal Code.

The excerpt is fragmented and only partly readable; it references arrest without warrant and punishment terms, but the full rule is not clear from the text provided.

This text appears to be a chapter heading and table-of-contents entry about piracy, unlawful assemblies, riots, and offences against public tranquillity.

The provision refers to unlawful assembly and riot, allows arrest without warrant, and mentions imprisonment penalties and a subordinate court as a triable court.

This provision lists several offences and related punishments, including imprisonment, fines, and rules about when a police officer may arrest without warrant.

This provision lists several offences involving officials or public officers and sets penalties, including imprisonment and fines.

This section lists offences relating to the administration of justice and gives the corresponding punishments.

A police officer may arrest without a warrant.

This excerpt lists several offences and penalties, mainly around religion-related conduct, with imprisonment and fines.

This section appears to say a police officer may arrest without warrant, and it is placed under offences against morality involving rape.

This section lists offences, the court that hears them, and the punishments that apply, including attempted rape and several prison terms and fines.

This excerpt only shows section and offence headings around section 137, without stating a rule.

It says a person may be arrested without a warrant for procuration for prostitution.

The text lists several punishment options, including prison terms, fines, and compensation.

This fragment mentions an attempt to commit an unnatural offence.

This provision lists offences involving indecent assault, indecent practices between males, and incest by males, with age-based variations for incest.

This fragment lists offences and possible penalties, including several imprisonment terms.

This section lists several offences, including fraudulent pretence of marriage, dishonest or fraudulent marriage ceremony, desertion of children, neglect to provide food for children, a master failing to provide for servants or apprentices, and child stealing.

This section is about cruelty to children and lists possible arrest, trial, and punishment consequences.

The text lists certain offences and says arrest without a warrant is not allowed for them.

This section mentions arrest without warrant and related conduct involving a common betting house and obscene publications.

This fragment refers to “being an idle or disorderly person.”

This section refers to harbouring common prostitutes and says arrest without a warrant is not allowed.

A person described as a rogue or vagabond may be arrested without a warrant.

The provision lists offences involving public subscription money and uniforms, including failing to account for money collected by public subscription and wearing, importing, or selling a uniform without authority.

This text fragment lists several fines and prison terms, but the surrounding rule is incomplete.

This section lists public health-related offences, including adulterating or selling unsafe food or drugs, polluting water, and making air noxious, and it states penalties for some offences.

The provision lists offences including murder, manslaughter, infanticide, aiding suicide, attempted suicide, concealing the birth of a child, and child destruction.

The excerpt lists possible subordinate court penalties, including imprisonment for 14 years, life imprisonment, or imprisonment for up to 5 years, a fine, or both.

The text lists several harmful acts linked to offences, including disabling or stupefying someone to commit an offence, causing grievous harm or preventing arrest, possessing human body parts, preventing escape from a wreck, and endangering railway passengers.

The text lists several offences, related arrest-without-warrant notes, and penalty ranges including imprisonment terms and life imprisonment.

The provision mentions rash and negligent acts and says an arrest may be made without a warrant.

This section lists several negligent or dangerous acts and the penalties attached to each.

The text is fragmented, but it refers to assaults, a police officer’s power to arrest without warrant, imprisonment terms, and subordinate court triability.

A fragment referring to stealing wills says arrest may be made without a warrant.

This section lists stealing-related offences and their imprisonment terms, and notes the offence is triable by a subordinate court in addition to the High Court.

This fragment mentions concealing registers and says someone may arrest.

This provision mentions concealing wills, concealing deeds, and killing animals with intent to steal.

The excerpt appears to set imprisonment terms and theft-linked punishments, including ten years, three years, and the same punishment as theft in some cases.

Fraudulent disposition of mortgaged goods.

This excerpt lists fraudulent dealing with ore or minerals in mines and fraudulent appropriation of mechanical or electrical power.

This section is headed “conversion not amounting to theft.”

The fragment mentions that a police officer may arrest without warrant and lists several prison and fine penalties for offences.

This text lists several offences, including robbery- and threat-related offences, and shows imprisonment terms for some of them.

This section lists several burglary/trespass-related offences and their prison terms.

This provision mentions false pretence offences, says a police officer may arrest without warrant, and states a punishment of seven years’ imprisonment under the Penal Code.

This text lists offences and their penalties, including imprisonment terms and fines.

This provision lists several property-related offences and the corresponding punishments, including imprisonment terms and, for one offence, a possible fine.

This provision lists false-accounting-related offences and states possible imprisonment terms, including seven and fourteen years.

The text refers to false accounting by a public officer and mentions a seven-year imprisonment penalty.

This provision lists offences related to arson and burning crops or growing plants, and states the punishments and the court that may try them.

This provision lists acts including setting fire to crops, casting away a vessel, injuring animals, and damaging property or infrastructure.

The provision lists several offences and says an officer may arrest without warrant for them.

This provision lists several forgery-related offences, including forgery of important documents, stamps, tools or paper for currency-note forgery, and uttering a false document.

The text lists punishments and triable courts for an offence, including imprisonment for seven years, imprisonment for life, and in one case the same punishment as forgery of document.

This section lists several document-, register-, note-, and certificate-related offences and gives imprisonment penalties for them.

This text lists offences connected with coining and counterfeit coin, notes that a police officer may arrest without warrant, and mentions punishments including life imprisonment and seven years’ imprisonment.

This provision lists counterfeit-coin offences and their penalties, including imprisonment terms and possible fines.

The text refers to offences involving possession of dies or paper used to make revenue or postage stamps, police arrest without warrant, and penalties including imprisonment and a fine.

The text mentions punishment for falsely acknowledging deeds or recognisances, including imprisonment or a fine, and says the offence is triable by a subordinate court.

The section lists offences involving personating someone named in a certificate or testimonial of character, or lending those documents for personation, and gives penalties for them.

This provision lists offences and penalties, and states when a police officer may arrest without warrant.

This section mentions conspiracy to commit an offence and says arrest without warrant is permitted.

This provision refers to conspiracy to commit an offence.

This fragment mentions police arrest without warrant in some cases and includes penalty language of up to seven years or up to five years, a fine, or both.

The text refers to arrest without warrant, trial by subordinate court, and punishments under the Penal Code.

This text is a charge alleging that A.B. murdered J.S. at a stated time and region.

This section describes an offence of being an accessory after the fact to murder.

This text is a criminal charge describing manslaughter and stating that rape is charged as contrary to section 130 of the Penal Code.

This section describes rape as having carnal knowledge of a person without that person’s consent.

This text lists sample criminal charge particulars for wounding with intent, wounding, and stealing.

This section sets out example charges for theft, receiving stolen goods, and stealing by clerks or servants.

This section describes a theft/robbery allegation involving a clerk or servant accused of stealing 10 yards of cloth from M.N.

This section sets out a robbery charge: a named person is said to have stolen a watch and used or threatened violence to take or keep it.

This provision states allegations of burglary and related conduct against A.B., including breaking and entering a dwelling house, stealing a watch, and demanding property by written threats.

This provision describes an attempt to extort money by causing a person to receive a threatening letter.

This section describes an offence involving accusing or threatening to accuse someone of an unnatural offence in order to extort money.

This provision gives an example of an offence where A.B. allegedly got cloth from S.P. by false pretences, with intent to defraud.

This text describes an offence involving two people allegedly conspiring to defraud by placing a false newspaper advertisement about a jewellery business.

This provision describes an arson offence: a person is said to have wilfully and unlawfully set fire to a house.

This text alleges that A.B. wilfully and unlawfully damaged a mango tree, and it also notes a first count of forgery under section 338 of the Penal Code.

This section lists examples of forgery-related offences, including forging a will, uttering a forged will, and uttering counterfeit coin.

This provision describes a person as having uttered a counterfeit shilling while knowing it was counterfeit.

A witness in a High Court trial commits perjury if he knowingly gives false testimony.

This text lists two charges: publishing defamatory matter under section 187 of the Penal Code, and fraudulent false accounting under section 317.

This section sets out false accounting particulars for a clerk or servant who, with intent to defraud, makes a false cash-book entry or omits a material item.

This text gives particulars of two theft-by-agent offence counts involving A.B. and two sums of two thousand shillings.

This text provides form language for certificates and reports used by appointed officers under the Criminal Procedure Act.