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Penal Code, 1930

This section gives the Act its short title: it may be cited as the Penal Code and called "this Code." This section says the Code does not change certain existing liabilities, trials, punishments, or powers, and it…

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Jurisdiction
Zambia
Structure
446 provisions
Citation
Act 42 of 1930
Dates
As at 26 Dec 2023
More statute details
Dates
As at 26 Dec 2023

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01

Purpose and legislative effect

“This section gives the Act its short title: it may be cited as the Penal Code and called "this Code."”

This section gives the Act its short title: it may be cited as the Penal Code and called "this Code." This section says the Code does not change certain existing liabilities, trials, punishments, or powers, and it prevents double punishment for the same act in the stated circumstances. This Code must be interpreted according to the principles of legal interpretation used in England. This section defines many terms used in the Penal Code, including community service, dwelling-house, explosive, felony, harm, public place, and vessel. The courts of Zambia have jurisdiction throughout Zambia for purposes of this Code.

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Provision 59Amendment 56Offence 34Substitution 33

Part

Chapter I

§ 1Short title ............................................................................................................................................................................................. 1Short title

This section gives the Act its short title: it may be cited as the Penal Code and called "this Code."

1. Short title This Act may be cited as the Penal Code and hereinafter is referred to as "this Code".
Section 1Verify source
§ 2Saving of certain laws .................................................................................................................................................................... 1Commencement

This section says the Code does not change certain existing liabilities, trials, punishments, or powers, and it prevents double punishment for the same act in the stated circumstances.

2. Saving of certain laws Except as hereinafter expressly provided, nothing in this Code shall affect— (a) (b) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Zambia other than this Code; or the liability of a person to be tried or punished for an offence under the provisions of any law in force in Zambia relating to the jurisdiction of the local courts in respect of acts done beyond the ordinary jurisdiction of such courts; or (c) the power of any court to punish a person for contempt of such court; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Penal Code, 1930 (Chapter 87) Zambia (d) the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or (e) any power of the President to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or (f) any written law for the time being in force for the government of the Defence Force or the Zambia Police Force: Provided that if a person does an act which is punishable under this Code and is also punishable under another Act or Statute of any of the kinds mentioned in this section, he shall not be punished for that act both under that Act or Statute and also under this Code. [As amended by No. 10 of 1935 and S.I. No. 63 of 1964] Chapter II Interpretation
Section 2Verify source

Part

Chapter II

§ 3General rule of interpretation ...................................................................................................................................................... 2Interpretation

This Code must be interpreted according to the principles of legal interpretation used in England.

3. General rule of interpretation This Code shall be interpreted in accordance with the principles of legal interpretation obtaining in England. [No. 5 of 1972]
Section 3Verify source
§ 4Interpretation ...................................................................................................................................................................................... 2Substitution

This section defines many terms used in the Penal Code, including community service, dwelling-house, explosive, felony, harm, public place, and vessel.

4. Interpretation Unless the context otherwise requires— "Community service" means a form of punishment as a condition of suspension of sentence of imprisonment requiring an offender to perform unpaid work within the community where the offender resides for the period specified in the order for community service; [definition of "Community service" inserted by section 2 of Act 12 of 2000] "dwelling-house" includes any building or structure or part of a building or structure or any tent, or caravan or vessel which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house if there is a communication between such building or structure and the dwelling- house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise; "explosive" or "explosive substance" means— (a) nitro-glycerine, dynamite, gun-cotton, blasting powders, gunpowder, fulminate of mercury or other metals, and every other substance or mixture, whether similar to those enumerated herein or not, used with a view to producing a practical effect by explosion; and (b) any detonating, igniter or safety fuse, or article of like nature, any detonator, and every adaption or preparation of an explosive as herein defined; “felony” means an offence which is declared by this Act or any other written law to be a felony or, if not declared to be a misdemeanor, is punishable, without proof of previous conviction with life imprisonment or imprisonment with hard labour for three years or more or with life imprisonment; [definition of “felony” substituted by section 2 of Act 23 of 2022] "grevious harm" means any harm which endangers life or which amounts to a maim or which seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Penal Code, 1930 (Chapter 87) Zambia "harm" means any bodily hurt, disease or disorder whether permanent or temporary; "judicial proceeding" includes any proceeding had or taken in or before any court, tribunal, commission of inquiry, or person in which evidence may be taken on oath, "knowingly", used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used; "local authority" means a city council, municipal council, town council, district council; "maim" means the destruction or permanent disabling of any external or internal organ, member or sense; "misdemeanour" means any offence which is not a felony; "money" includes bank notes, currency notes, bank drafts, cheques and other similar orders, warrants or requests for the payment of money; "night" or "night-time" means the interval between seven o'clock in the evening and six o'clock in the morning; "offensive weapon" means any article made or adapted for use for causing or threatening injury to the person, or intended by the person in question for such use, and includes any knife, spear, arrow, stone, axe, axe handle, stick or similar article; "owner" and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the President; "person employed in the public service" means any person holding any of the following offices or performing the duty thereof, whether as a deputy or otherwise, namely: (a) any public office; or (b) any office to which a person is appointed or nominated by Act or Statute; or (c) any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of the two last preceding paragraphs of this definition; or (d) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any Act; and the said term further includes— (i) a member of a commission of inquiry appointed under or in pursuance of any Act; (ii) any person employed to execute any process of a court; (iii) all persons belonging to the Defence Force; (iv) all persons in the employment of any department of the Government, or a person in the employ of any corporation, body or board, including an institution of higher learning, in which the Government has a majority or controlling interest or any director of any such corporation, body or board; (v) a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intending marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect; (vi) a councillor of, or a person in the employ of a local authority; (vii) a person in the employ of a local authority; "petroleum" has the meaning assigned to it by section two of the Petroleum Act; [Cap. 435] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Penal Code, 1930 (Chapter 87) Zambia "possession", "be in possession of" or "have in possession"— (a) (b) includes not only having in one's own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to, or occupied by oneself or not) for the use or benefit of oneself or of any other person; if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them; "property" includes any description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise; "public" refers not only to all persons within Zambia, but also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used; "public place" or "public premises" includes any public way and any building, place or conveyance to which for the time being the public are entitled or permitted to have access, either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings, or assembly or as an open court; "public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public; "publicly" when applied to acts done means either— (a) (b) that they are so done in any public place as to be seen by any person whether such person be or be not in a public place; or that they are so done in any place, not being a public place, as to be likely to be seen by any person in a public place; "the State" means the Sovereign Republic of Zambia; "Statute" means any British Act and includes any orders, rules, regulations, by-laws, or other subsidiary legislation made or passed under the authority of any Statute; "utter" includes using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question; "valuable security" includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property; "vessel" includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft; "wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane. [As amended by No. 26 of 1940; No. 29 of 1948; No. 53 of 1957; Nos. 7 and 34 of 1960; G.N. No. 268 of 1964; S.I. No. 63 of 1964; Nos. 69 and 76 of 1965; 35 of 1973; No. 20 of 1966; Nos. 25 and 36 of 1969; No. 5 of 1972; No. 29 of 1974; and No. 3 of 1990] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Penal Code, 1930 (Chapter 87) Zambia Chapter III Application of this Code
Section 4Verify source

Part

Chapter III

§ 5Extent of jurisdiction of local courts ......................................................................................................................................... 5Provision

The courts of Zambia have jurisdiction throughout Zambia for purposes of this Code.

5. Extent of jurisdiction of local courts The jurisdiction of the courts of Zambia for the purposes of this Code extends to every place within Zambia.
Section 5Verify source
§ 6Liability for offences committed outside the jurisdiction, or partly within and partly beyond theOffence

A citizen of Zambia may be tried and punished under this Code for an offence committed outside Zambia if the act would have been an offence had it been done in Zambia; similar treatment applies to acts done partly inside and partly outside Zambia.

6. Liability for offences committed outside the jurisdiction, or partly within and partly beyond the jurisdiction (1) Subject to subsection (3), a citizen of Zambia who does any act outside Zambia which, if wholly done within Zambia, would be an offence against this Code, may be tried and punished under this Code in the same manner as if such act had been wholly done within Zambia. (2) When an act which, if wholly done within Zambia, would be an offence against this Code, is done partly within and partly outside Zambia, any person who within Zambia does any part of such act may be tried and punished under this Code as if such act had been wholly done within Zambia. (3) Nothing in subsection (1) shall render any person liable to be tried and punished under this Code in respect of any act done outside Zambia which, if wholly done within Zambia, would be an offence against this Code if such person has been convicted and punished outside Zambia in respect of the same act, but, save as aforesaid, any such conviction shall, for the purposes of any law including this Code, be deemed to be a conviction for the said offence against this Code. [No. 39 of 1970] Chapter IV General rules as to criminal responsibility
Section 6Verify source

Part

Chapter IV

§ 7Ignorance of law ................................................................................................................................................................................ 5Offence

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

7. Ignorance of law Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless know-ledge of the law by the offender is expressly declared to be an element of the offence.
Section 7Verify source
§ 8Bona fide claim of right ................................................................................................................................................................. 5Offence

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

8. Bona fide claim of right A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.
Section 8Verify source
§ 9Intention and motive ....................................................................................................................................................................... 5Interpretation

A person is not criminally responsible for acts or events done outside their will or caused by accident, unless the Code’s negligence rules or an offence definition says otherwise.

9. Intention and motive (1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident. (2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial. (3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Penal Code, 1930 (Chapter 87) Zambia
Section 9Verify source
§ 10Mistake of fact ................................................................................................................................................................................. 6Provision

A person acting under an honest and reasonable mistaken belief about the facts is not criminally responsible to a greater extent than if the facts were as believed.

10. Mistake of fact A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.
Section 10Verify source
§ 11Presumption of sanity ................................................................................................................................................................... 6Provision

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

11. Presumption of sanity Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.
Section 11Verify source
§ 12Insanity ............................................................................................................................................................................................... 6Provision

A person is not criminally responsible for an act or omission if, because of a disease affecting the mind, they cannot understand what they are doing or know it is wrong.

12. Insanity A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is, through any disease affecting his mind, incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission. But a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects above mentioned in reference to that act or omission.
Section 12Verify source
§ 12ADefence of diminished responsibility ................................................................................................................................... 6Amendment

A person charged with murder is not convicted of murder if diminished responsibility is proved, and the defence must prove it on a balance of probabilities.

12A. Defence of diminished responsibility (1) Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or is induced by disease or injury) which has substantially impaired his mental responsibility for his acts or omissions in doing or being party to the killing. (2) The provisions of subsection (2) of section thirteen shall apply with necessary modifications to the defence of diminished responsibility under this section: Provided that the transient effect of intoxication as described in that subsection shall be deemed not to amount to disease or injury for purposes of this section. (3) On a charge of murder, it shall be for the defence to prove the defence of diminished responsibility and the burden of proof shall be on a balance of probabilities. (4) Where the defence of diminished responsibility is proved in accordance with this section, a person charged with murder shall be liable to be convicted of manslaughter or any other offence which is less than murder. [As amended by Act No. 3 of 1990]
Section 12AVerify source
§ 13Intoxication ....................................................................................................................................................................................... 6Amendment

Intoxication is generally not a defence to a criminal charge, but it can be a defence in narrow cases where the accused lacked knowledge of wrongfulness or of what they were doing and additional conditions are met.

13. Intoxication (1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge. (2) Intoxication shall be a defence to any criminal charge if, by reason thereof, the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and— (a) (b) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission. (3) Where the defence under subsection (2) is established, then in a case falling under paragraph (a) thereof the accused person shall be discharged, and in a case falling under paragraph (b) the By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Penal Code, 1930 (Chapter 87) Zambia provisions of section one hundred and sixty-seven of the Criminal Procedure Code relating to insanity shall apply. [Cap. 88] (4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence. (5) For the purposes of this section, "intoxication" shall be deemed to include a state produced by narcotics or drugs. [No. 10 of 1935 as amended by No. 3 of 1936]
Section 13Verify source
§ 14Age of criminal responsibility of child ................................................................................................................................... 7Substitution

A child under 12 is not criminally responsible for an act or omission.

14. Age of criminal responsibility of child A child under the age of twelve years is not criminally responsible for an act or omission. [As amended by No. 20 of 1953] [section 14 substituted by section 2 of Act 13 of 2022]
Section 14Verify source
§ 15Judicial officers ................................................................................................................................................................................ 7Provision

A judicial officer is not criminally responsible for acts or omissions done in the exercise of judicial functions, unless this Code expressly provides otherwise.

15. Judicial officers Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done.
Section 15Verify source
§ 16Defence of duress or coercion ................................................................................................................................................... 7Amendment

A person is not guilty of an offence for an act or omission done under duress or coercion, subject to the section’s conditions and exceptions.

16. Defence of duress or coercion (1) Except as provided in this section, a person shall not be guilty of an offence if he does or omits to do any act under duress or coercion. (2) For the purpose of this section a person shall be regarded as having done or omitted to do any act under duress if he was induced to do or omit to do the act by any threat of death or grievous harm to himself or another and if at the time when he did or omitted to do the act he believed (whether or not on reasonable grounds)— (a) that the harm threatened was death or grievous injury; (b) that the threat would be carried out— (i) immediately; or (ii) before he could have any real opportunity to seek official protection, if he did not do or omit to do the act in question; and (c) that there was no way of avoiding or preventing the harm threatened. (3) In this section "official protection" means the protection of the police or any authority managing any prison or other custodial institution, or any other authority concerned with the maintenance of law and order. [As amended by Act No. 13 of 1990]
Section 16Verify source
§ 17Defence of person or property .................................................................................................................................................. 7Amendment

A person is not criminally responsible for using force to repel an unlawful attack on themselves, their property, or another person or property, if the force used is no more than necessary in the circumstances.

17. Defence of person or property Subject to any other provisions of this Code or any other law for the time being in force, a person shall not be criminally responsible for the use of force in repelling an unlawful attack upon his person or property, By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Penal Code, 1930 (Chapter 87) Zambia or the person or property of any other person, if the means he uses and the degree of force he employs in doing so are no more than is necessary in the circumstances to repel the unlawful attack. [As amended by Act 3 of 1990]
Section 17Verify source
§ 18Use of force in effecting arrest ................................................................................................................................................. 8Offence

When a court decides whether force used during an arrest was necessary or reasonable, it must consider how serious the offence was and the circumstances in which it happened.

18. Use of force in effecting arrest Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary or the degree of force used was reasonable for the apprehension of such person, have regard to the gravity of the offence which had been, or was being, committed by such person and the circumstances in which such offence had been, or was being, committed by such person.
Section 18Verify source
§ 20Person not to be punished twice for same offence ........................................................................................................... 8Offence

A person cannot be punished twice for the same act or omission, except where the act or omission causes another person’s death.

20. Person not to be punished twice for same offence A person cannot be punished twice either under the provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission. Chapter V Parties to offences
Section 20Verify source

Part

Chapter V

§ 21Principal offenders ......................................................................................................................................................................... 8Offence

People who commit an offence, help commit it, or counsel/procure it can be treated as principal offenders and charged as if they committed it themselves.

21. Principal offenders (1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say: (a) every person who actually does the act or makes the omission which constitutes the offence; (b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; (c) every person who aids or abets another person in committing the offence; (d) any person who counsels or procures any other person to commit the offence. (2) In the case of paragraph (d) of subsection (1), such person may be charged either with committing the offence or with counselling or procuring its commission. A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission.
Section 21Verify source
§ 22Offences committed by joint offenders in prosecution of common purpose ............................................................ 8Offence

If two or more people agree to pursue an unlawful purpose together, and an offence that was a probable consequence occurs, each is treated as having committed that offence.

22. Offences committed by joint offenders in prosecution of common purpose When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Penal Code, 1930 (Chapter 87) Zambia commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.
Section 22Verify source
§ 23Counselling another to commit an offence .......................................................................................................................... 9Offence

If a person counsels someone to commit an offence and an offence is later committed as a probable consequence of that counsel, the counsellor is treated as having counselled the offence that was actually committed.

23. Counselling another to commit an offence When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel. In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him. Chapter VI Punishments
Section 23Verify source

Part

Chapter VI

§ 24Different kinds of punishment .................................................................................................................................................. 9Amendment

A court may impose imprisonment, community service, a fine, forfeiture, compensation, security for peace/good behaviour or judgment, deportation, or any other punishment allowed by this Code or another law.

24. Different kinds of punishment The following punishments may be inflicted by a court: (a) imprisonment or an order for community service; (b) [omitted] (c) fine; (d) forfeiture; (e) payment of compensation; (f) finding security to keep the peace and be of good behaviour, or to come up for judgment; (g) deportation; (h) any other punishment provided by this Code or by any other law. [As amended by No. 26 of 1933 and No. 26 of 1940] [section 24 amended by section 3 of Act 12 of 2000, by section 2 of Act 10 of 2003 and by section 3 of Act 23 of 2022]
Section 24Verify source
§ 25*** .......................................................................................................................................................................................................... 9Repeal

Section 25 is repealed.

25. *** [As amended by No. 26 of 1940 and No. 28 of 1952] [section 25 repealed by section 4 of Act 23 of 2022]
Section 25Verify source
§ 26Imprisonment ................................................................................................................................................................................... 9Amendment

The court decides whether imprisonment includes hard labour, unless law expressly requires imprisonment without hard labour only.

26. Imprisonment (1) All imprisonment shall be with or without hard labour in the discretion of the court, unless the imposition of imprisonment only without hard labour is expressly prescribed by law. (2) A person liable to imprisonment for life or any other period may be sentenced for any shorter term. (3) A person convicted of a felony, other than manslaughter, may be sentenced to pay a fine in addition to imprisonment: Provided that, where such person is a corporation, the corporation may be sentenced to a fine instead of imprisonment. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Penal Code, 1930 (Chapter 87) Zambia (4) A person convicted of manslaughter or a misdemeanour may be sentenced to pay a fine in addition to or instead of imprisonment. [As amended by No. 26 of 1933 and No. 76 of 1965]
Section 26Verify source
§ 26ASentence of community service ........................................................................................................................................... 10Provision

An offender sentenced to community service must do community work for the period set in the order, and it must be done in the area where the offender lives.

26A. Sentence of community service Where an offender has been sentenced to community service, the offender shall perform community work for the period specified in the order for community service and the community service shall be performed in an area where the offender resides. [section 26A inserted by section 4 of Act 12 of 2000]
Section 26AVerify source
§ 27*** ........................................................................................................................................................................................................ 10Repeal

This section has been repealed.

27. *** [section 27 repealed by section 3 of Act 10 of 2003]
Section 27Verify source
§ 28Fines .................................................................................................................................................................................................. 10Amendment

This section sets default rules for fines and imprisonment when a fine is imposed under another written law.

28. Fines Where a fine is imposed under any written law, then, in the absence of express provisions relating to such fine in such written law, the following provisions shall apply: (a) Where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive. (b) (c) In the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court. In the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion— (i) direct by its sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also (ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant: Provided that if the sentence directs that, in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so. (d) The term of imprisonment ordered by a court in respect of the non-payment of any sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as, in the opinion of the court, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale: Amount Not exceeding 15 penalty unit Maximum period 14 days By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Penal Code, 1930 (Chapter 87) Amount Zambia Maximum period Exceeding 15 penalty units but not exceeding 30 penalty units 1 month Exceeding 30 penalty units but not exceeding 150 penalty units 3 months Exceeding 150 penalty units but not exceeding 600 penalty units 4 months Exceeding 150 penalty units but not exceeding 600 penalty units 6 months Exceeding 1500 penalty units 9 months (e) The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law. [As amended by No. 26 of 1933 and Act No. 13 of 1994]
Section 28Verify source
§ 29Forfeiture ......................................................................................................................................................................................... 11Amendment

If someone is convicted under certain listed sections, the court must order forfeiture of property connected with the offence, or an assessed sum if the property cannot be forfeited or found.

29. Forfeiture When any person is convicted of an offence under any of the following sections, namely, sections ninety four, ninety-five, ninety-six, one hundred and thirty, one hundred and fourteen, three hundred and eighty- five and three hundred and eighty-six, the count shall, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any property which has passed in connection with the commission of the offence, or, if such property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same provisions as in the case of the payment of a fine. [As amended by No. 26 of 1933 and S.I. No. 63 of 1964 and Act No. 29 of 1974]
Section 29Verify source
§ 30Compensation ................................................................................................................................................................................ 11Substitution

A court may order a convicted person to pay compensation to the injured person, and in some cases that compensation can replace or add to other punishment.

30. Compensation In accordance with the provisions of section one hundred and seventy-five of the Criminal Procedure Code, any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence. Any such compensation may be either in addition to or in substitution for any other punishment: Provided that where a person is convicted of an offence under section two hundred and eighty-one A the court which convicts the person may, in addition to any other penalty imposed under that section, order the person convicted to make compensation to any person who has suffered loss or damage from the convicted person's offence and the order of compensation may include the actual loss suffered and any loss arising from the commission of the offence; Provided that, notwithstanding the proviso to subsection (1) of section one hundred and seventy-five of the Criminal Procedure Code, or any other written law, where a person is ordered to pay compensation for the commission of an offence under Division VIA, the Court may determine the amount of compensation to be awarded but the compensation shall not exceed the value of the property damaged or lost. [Cap. 88] [As amended by No. 26 of 1933 and No. 26 of 1940] [section 30 amended by section 2(a) and (b) of Act 20 of 2000 and by section 2(a) and (b) of Act 17 of 2007] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11 Penal Code, 1930 (Chapter 87) Zambia
Section 30Verify source
§ 31Security for keeping the peace ............................................................................................................................................... 12Amendment

A court may require certain convicted persons to enter into recognizance for good behaviour and may jail them until they do, within stated limits. For convictions under section 281A, the court may also order compensation for loss or damage.

31. Security for keeping the peace A person convicted of an offence not punishable with life imprisonment may, instead of or in addition to any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the court thinks fit, conditioned that he shall keep the peace and be of good behaviour for a time to be fixed by the court, and may be orderd to be imprisoned until such recognizance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognizance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine: Provided that where a person is convicted of an offence under section two hundred and eighty-one A the court which convicts the person may, in addition to any other penalty imposed under that section, order the person convicted to make compensation to any person who has suffered loss or damage from the convicted person's offence and the order of compensation may include the actual loss suffered and any loss arising from the commission of the offence. [No. 26 of 1933 as amended by No. 18 of 1962] [section 31 amended by section 2(a) and (b) of Act 20 of 2000 and by section 5 of Act 23 of 2022]
Section 31Verify source
§ 32Costs .................................................................................................................................................................................................. 12Offence

A court may order a person convicted of an offence to pay prosecution costs.

32. Costs A court may order any person convicted of an offence to pay the costs of and incidental to the prosecution or any part thereof.
Section 32Verify source
§ 33Court to send particulars of conviction of non-citizens to Minister responsible for home affairs .................. 12Offence

If a court sentences a non-citizen to imprisonment for a qualifying offence, the public prosecutor must promptly send the conviction and sentence details to the Minister responsible for home affairs.

33. Court to send particulars of conviction of non-citizens to Minister responsible for home affairs Whenever a court shall sentence to a term of imprisonment any person— (a) who is not a citizen of Zambia; and (b) who has been convicted of an offence under this Code, or under any written law other than an offence relating to the driving of a motor vehicle set out in the Roads and Road Traffic Act or in any regulations for the time being in force made thereunder; the public prosecutor shall forth with, forward to the Minister responsible for home affairs the particulars of the conviction and sentence and all other particulars specified in the Second Schedule. [Act No. 32 of 1972 and No. 8 of 1974] [Cap. 464]
Section 33Verify source
§ 34Deportation within Zambia in cases of felony ................................................................................................................. 12Amendment

Courts may recommend deportation in certain felony, peace, or dangerous-conduct cases, and the President may make the deportation order.

34. Deportation within Zambia in cases of felony (1) Where a person is convicted before the High Court of felony, the High Court may, in addition to or in lieu of any other punishment to which he is liable, recommend to the President that he be deported to such part of Zambia as the President may direct. (2) In default of security for peace Where upon any sworn information it appears to the High Court that there is reason to believe that any person is about to commit a breach of the peace or that his conduct is likely to produce or excite to a breach of the peace, the High Court may order him to give security in one or more sureties for peace and good behaviour and in default may order him to be imprisoned until he gives the security ordered, or recommend to the President that he be deported as aforesaid. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12 Penal Code, 1930 (Chapter 87) Zambia (3) In cases of dangerous conduct Where it is shown on oath to the satisfaction of the High Court that any person is conducting himself so as to be dangerous to peace and good order in any part of Zambia, or is endeavouring to excite enmity between any section of the people of Zambia and the President or the Government, or between any section of the people of Zambia and any other section of the same, or is intriguing against constituted power and authority in Zambia, or has been convicted in any court of competent jurisdiction within or without Zambia of any offence which would be likely to excite enmity between any section of the people of Zambia and any other section of the same or by any section of the people against such person, the High Court may recommend to the President that an order be made for his deportation to such part of Zambia as may be specified in such order. (4) Powers of subordinate courts The powers conferred by this section on the High Court shall also be exercisable by subordinate courts: Provided however that any exercise of such powers by subordinate courts shall be liable to revision by and must be reported at once to the High Court. (5) Approval of High Court Where a court recommends under this section that a person be deported, the President may make an order in accordance with such recommendation: Provided however that if such recommendation is made by a subordinate court, the President shall not make an order for deportation without the approval of the High Court. (6) Detention pending deportation Any person for whose deportation a recommendation or an order has been made may be detained in the nearest convenient prison pending confirmation or otherwise of the recommendation or the carrying out of the order, as the case may be. [As amended by No. 26 of 1933; No. 34 of 1954; G.N. No. 303 of 1964 and S.I. No. 63 of 1964]
Section 34Verify source
§ 35Provisions as to sentences of deportation ......................................................................................................................... 13Amendment

If a deported person is also sentenced to prison, the prison sentence must be served first. A deportation order can require personal reporting and, if the person leaves the area without the President’s written consent or fails to report, the person may be imprisoned for six months and deported again.

35. Provisions as to sentences of deportation (1) If a person ordered to be deported to any part of Zambia under the preceding section is sentenced to any term of imprisonment, such sentence of imprisonment shall be served before the order of deportation is carried into effect. (2) An order for deportation may be expressed to be in force for a time to be limited therein or for an unlimited time and may require the deported person to report himself personally at such place, to such person and at such intervals of time, not being less than thirty days, as may be specified in such order. (3) If a person leaves or attempts to leave the district or place in Zambia to which he has been deported while the order of deportation is still in force without the written consent of the President, which consent may be given subject to any terms as to security for good behaviour or otherwise as to the President may seem good, or wilfully neglects or refuses to report himself as ordered, such person is liable to imprisonment for six months and to be again deported on a fresh warrant under the original order or under a new order. (4) For the purposes of this section, a person shall be deemed to have served a sentence of imprisonment immediately upon his release after earning remission for good behaviour or on licence issued under any written law relating to prisons. [As amended by No. 1 of 1952; No. 34 of 1954; No. 21 of 1959; No. 18 of 1962 and G.N. No. 303 of 1964] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13 Penal Code, 1930 (Chapter 87) Zambia
Section 35Verify source
§ 36One act constituting several crimes, etc. ............................................................................................................................ 14Amendment

When one act results in multiple crimes or multiple victims, the court must sentence each offence separately, with limits on consecutive imprisonment and cumulative fines.

36. One act constituting several crimes, etc. With respect to cases where one act constitutes several crimes or where several acts are done in execution of one criminal purpose, the following provisions shall have effect, that is to say: (a) Against one person or thing Where a person does several acts against or in respect of one person or thing, each of which acts is a crime but the whole of which acts are done in the execution of the same design and in the opinion of the court before which the person is tried form one continuous transaction, the person shall be punished for each act so charged as a separate crime and the court shall upon conviction award a separate punishment for each act. If the court orders imprisonment the order may be for concurrent or consecutive terms of imprisonment: Provided always that— (i) if the terms of imprisonment ordered are consecutive, the total of the terms so ordered shall not exceed the maximum term of imprisonment allowed by law in respect of that conviction for which the law allows the longest term; and, if the court orders the payment of fines, the fines may or may not be cumulative; (ii) where the court orders cumulative fines, the total of the fines so ordered shall not exceed the maximum fines allowed by law in respect of that conviction for which the law allows the largest fine. (b) Against several persons or things If a person by one act assaults, harms or kills several persons or in any manner causes injury to several persons or things, he shall on conviction be punished in respect of each person so assaulted, harmed or killed or each person or thing injured; in such case the court shall order a separate punishment in respect of each person assaulted, harmed or killed or in respect of each person or thing injured. If the court orders imprisonment, the order may be for concurrent or consecutive terms of imprisonment: Provided always that— (i) if the terms of imprisonment ordered are consecutive, the total of the terms of imprisonment so ordered shall not exceed the maximum term allowed by law in respect of that conviction for which the law allows the longest term; and, if the court orders the payment of fines, the fines may or may not be cumulative; (ii) where the court orders cumulative fines, the total of such fines shall not exceed the maximum allowed by law in respect of that conviction for which the law allows the largest fine. (c) [paragraph (c) deleted by section 4 of Act 10 of 2003] [As amended by No. 23 of 1952]
Section 36Verify source
§ 37Date from which sentence takes effect ............................................................................................................................... 14Amendment

A prison sentence generally starts on the day it is pronounced, unless another written law says otherwise or the court orders an earlier start date at sentencing.

37. Date from which sentence takes effect Except as otherwise in this Coe or in any other written law provided, a sentence of imprisonment takes effect from and includes the whole of the day on which it was pronounced unless the court shall, at the time of passing sentence, expressly order that it shall take effect from some day prior to that on which it was pronounced; Provided that such prior day shall not be earlier than the day on which the arrested person was taken into custody for the offence for which sentence is pronounced. [As amended by Act No. 3 of 1990] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14 Penal Code, 1930 (Chapter 87) Zambia
Section 37Verify source
§ 38General punishment for misdemeanours ............................................................................................................................ 15Provision

If the Code does not provide a specific punishment for a misdemeanour, it may be punished by up to two years’ imprisonment, a fine, or both.

38. General punishment for misdemeanours When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.
Section 38Verify source
§ 39Sentences cumulative unless otherwise directed ............................................................................................................ 15Amendment

Courts generally must run a new sentence after any prior sentence, unless the court orders otherwise; courts may also order concurrent sentences, but not for imprisonment in default of paying a fine in the specified prior-conviction case.

39. Sentences cumulative unless otherwise directed (1) Where any person is convicted of an offence by a court and at the date of such conviction he has not been sentenced under a prior conviction or his sentence under a prior conviction has not expired, then any sentence imposed by the said court, other than a sentence of life imprisonment, shall be executed after the expiration of the sentence imposed under the prior conviction, unless the said court otherwise directs. [subsection (1) amended by section 5 of Act 10 of 2003 and by section 6 of Act 23 of 2022] (2) A court may direct that a sentence imposed by it on any person shall be executed concurrently with a sentence or with any part of a sentence imposed on such person under a prior conviction: Provided that it shall not be lawful for a court to direct that a sentence of imprisonment in default of payment of a fine shall be executed concurrently with a sentence imposed in respect of a prior conviction under sub-paragraph (i) of paragraph (c) of section twenty-eight or with any part of such sentence. [No. 18 of 1962 as amended by G.N. No. 268 of 1964]
Section 39Verify source
§ 40Escaped convicts to serve unexpired sentences when recaptured ............................................................................ 15Amendment

If an escaped convict is sentenced again, the new sentence takes effect immediately or later depending on whether it is a fine or imprisonment and whether it is severer than the earlier sentence.

40. Escaped convicts to serve unexpired sentences when recaptured (1) When sentence is passed under this Code on an escaped convict, such sentence, if of fine, shall, subject to the provisions of this code, take effect immediately, and if of imprisonment, shall take effect according to the following rules, that is to say: (a) if the new sentence is severer than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately and he shall serve any period of imprisonment in respect of his former sentence which remained unexpired at the time of his escape after he has completed serving his new sentence; (b) when the new sentence is not severer than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that part of his former sentence which remained unexpired at the time of his escape. [subsection (1) amended by section 6(a) and (b) of Act 10 of 2003 and by section 7 of Act 23 of 2022] (2) For the purposes of this section, a sentence of imprisonment for whatever period with hard labour shall be deemed severer than a sentence of imprisonment for whatever period without hard labour and, where the conditions as to labour are the same, a longer sentence shall be deemed severer than a shorter sentence. [No. 26 of 1940]
Section 40Verify source
§ 41Absolute and conditional discharge ..................................................................................................................................... 15Offence

A court may discharge a convicted person absolutely or conditionally, but a conditional discharge can last no more than 12 months and comes with warning and compliance requirements.

41. Absolute and conditional discharge (1) Where a court by or before which a person is convicted of an offence, not being an offence the sentence for which is fixed by law, is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order under the Probation of Offenders Act is not appropriate, the court may make an order discharging him absolutely or subject to the condition that he commits no offence By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 15 Penal Code, 1930 (Chapter 87) Zambia during such period, not exceeding twelve months from the date of the order, as may be specified therein. [Cap. 93] (2) An order discharging a person subject to such a condition as aforesaid is in this section and in section forty-two referred to as "an order for conditional discharge", and the period specified in any such order as "the period of conditional discharge". (3) Before making an order for conditional discharge, the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence. (4) A court may, on making an order for conditional discharge, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to execute a bond for the good behaviour of the offender; and the provisions of section sixty of the Criminal Procedure Code shall apply in relation to the forfeiture of any such bond. [Cap. 88] (5) Subject as hereinafter provided, a conviction for an offence for which an order is made under this section discharging the offender absolutely or conditionally shall not be deemed to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any further proceedings which may be taken against the offender under section forty-two. (6) The foregoing provisions of this section shall not affect— (a) any right of any such offender as aforesaid to appeal against his conviction, or to rely thereon in bar of any subsequent proceedings for the same offence; (b) the revesting or restoration of any property in consequence of the conviction of any such offender. (7) Where, under the provisions of section forty-two, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect. [No. 18 of 1962]
Section 41Verify source
§ 42Commission of further offences by offender against whom an order for conditional discharge has beenOffence

If an offender on conditional discharge is convicted of another offence during that period, a judge or magistrate may issue a summons or arrest warrant, and the court can later deal with the original offence again.

42. Commission of further offences by offender against whom an order for conditional discharge has been made (1) If it appears to any Judge or magistrate that an offender against whom an order for conditional discharge has been made has been convicted of an offence during the period of conditional discharge, he may issue a summons requiring the offender to appear at the place and time specified therein or may issue a warrant for his arrest: Provided that a magistrate shall not issue such a summons or warrant except on information on oath. (2) A summons or warrant issued under subsection (1) shall direct the offender to appear or to be brought before the court by which the order for conditional discharge was made. (3) Where an offender is convicted by a magistrate of an offence committed during the period of conditional discharge, the magistrate may commit the offender to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the order of conditional discharge was made. (4) Where a magistrate commits an offender to custody, or releases him on bail, under the provisions of subsection (3), he shall transmit to the court by which the order for conditional discharge was made — (a) such particulars of the matter as he thinks fit; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 16 Penal Code, 1930 (Chapter 87) Zambia (b) a signed certificate of the conviction for the offence committed during the period of conditional discharge; and for the purposes of the proceedings in the court to which it is transmitted, such certificate, if purporting to be so signed, shall be admitted as evidence of the conviction. (5) Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the offender has been convicted of an offence committed during the period of conditional discharge, such court may deal with him in respect of the original offence in any manner in which it could deal with him if he had just then been convicted before the court of such original offence. (6) Where an offender is convicted before the High Court of an offence committed during the period of conditional discharge, the High Court may deal with him in respect of the original offence in any manner in which the court which made the order for conditional discharge could deal with him if he had just then been convicted before that court of such original offence. [No. 18 of 1962] Part II – Crimes I – Offences against public order Chapter VII Treason and other offences
Section 42Verify source

Part

Chapter VII

§ 43Treason ...................................................................................................................................................................................... 17Amendment
43. Treason (1) A person is guilty of treason and shall be liable to life imprisonment who— (a) prepares or endeavours to overthrow by unlawful means the Government as by law established; or (b) prepares or endeavours to procure by force any alteration of the law or the policies of the Government; or (c) prepares or endeavours to procure by force the setting up of an independent state in any part of Zambia or the secession of any part of Zambia from the Republic; or (d) prepares or endeavours to carry out by force any enterprise which usurps the executive power of the State in any matter of both a public and a general nature; or (e) incites or assists any person to invade Zambia with armed force or unlawfully to submit any part of Zambia to attack by land, water or air, to assist in the preparation of any such invasion or attack; or (f) in time of war and with intent to give assistance to the enemy, does any act which is likely to give such assistance. [subsection (1) amended by section 8 of Act 23 of 2022] (2) In paragraphs (b), (c) and (d) of subsection (1), "by force" means either— (a) by force used in such a manner as, whether by reason of the number of persons involved or the means used or both, to imperil or be likely to imperil the safety of the State or to cause or be likely to cause death or grievous harm or serious damage to property; or (b) by a show of force calculated to arouse reasonable apprehension that force will be used in such a manner as is described in paragraph (a). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17 Penal Code, 1930 (Chapter 87) Zambia (3) A person who is not a citizen of Zambia shall not be punishable under this section for anything done outside Zambia, but a citizen of Zambia may be tried and punished for an offence under this section as if it had been committed within the jurisdiction of the court. [No. 6 of 1965]
Section 43Verify source
§ 44Concealment of treason ...................................................................................................................................................... 18Amendment

A person who helps after treason, or who knows treason is planned and does not promptly tell specified officials or try to stop it, commits misprision of treason and can be imprisoned for life.

44. Concealment of treason Any person who— (a) becomes an accessory after the fact to treason; or (b) knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the President, the Vice-President, a Minister, a Deputy Minister, an Administrative Officer or a police officer, or use other reasonable endeavours to prevent the commission of the offence; is guilty of the felony termed misprision of treason and is liable to imprisonment for life. [As amended by No. 6 of 1965]
Section 44Verify source
§ 45Treason-felony ........................................................................................................................................................................ 18Provision

A person commits treason-felony if they unlawfully try to change Government law or policy, or unlawfully try to carry out an enterprise that usurps the State’s executive power.

45. Treason-felony A person is guilty of treason-felony and shall be liable to imprisonment for twenty years who— (a) prepares or endeavours to procure by unlawful means any alterations of the law or the policies of the Government; or (b) prepares or endeavours to carry out by unlawful means any enterprise which usurps the executive power of the State in any matter of both a public and a general nature. [No. 6 of 1965]
Section 45Verify source
§ 46Promoting tribal war ........................................................................................................................................................... 18Provision

A person must not, without lawful authority, take part in or help any war or warlike undertaking involving a chief or tribal group.

46. Promoting tribal war Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by, or against any chief, or with, for, by, or against any tribal group, is guilty of a felony, and is liable to imprisonment for life.
Section 46Verify source
§ 47*** ................................................................................................................................................................................................. 18Repeal

This section was repealed by Act No. 35 of 1973.

47. *** [Repealed by Act No. 35 of 1973]
Section 47Verify source
§ 48Inciting to mutiny ................................................................................................................................................................. 18Amendment

A person who deliberately tries to persuade or incite Defence Force or Zambia Police Force members to mutiny, disobey the President, or form a mutinous assembly commits a felony and can be imprisoned for life.

48. Inciting to mutiny Any person who advisedly attempts to effect any of the following purposes, that is to say: (a) to seduce any person serving in the Defence Force or any member of the Zambia Police Force from his duty and allegiance to the President; or (b) to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or (c) to incite any such persons to make or endeavour to make a mutinous assembly; is guilty of a felony, and is liable to imprisonment for life. [As amended by S.I. No. 63 of 1964] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18 Penal Code, 1930 (Chapter 87) Zambia
Section 48Verify source
§ 49Aiding soldiers or police in acts of mutiny ................................................................................................................. 19Provision

A person who helps, encourages, or is involved in mutiny, or who incites sedition or disobedience to a lawful order, commits a misdemeanour.

49. Aiding soldiers or police in acts of mutiny Any person who— (a) aids, abets, or is accessory to, any act of mutiny by; or (b) incites to sedition or to disobedience to any lawful order given by a superior officer; any non-commissioned officer or private of the Defence Force or any member of the Zambia Police Force, is guilty of a misdemeanour.
Section 49Verify source
§ 50Inducing soldiers or police to desert ............................................................................................................................ 19Offence

It is an offence for any person to induce, help, or conceal the desertion of certain Defence Force or Zambia Police Force personnel.

50. Inducing soldiers or police to desert Any person who, by any means whatever, directly or indirectly— (a) procures or persuades or attempts to procure or persuade to desert; or (b) aids, abets, or is accessory to the desertion of; or (c) having reason to believe he is a deserter, harbours or aids in concealing; any non-commissioned officer or private of the Defence Force or any member of the Zambia Police Force, is guilty of a misdemeanour and is liable to imprisonment for six months.
Section 50Verify source
§ 51Aiding prisoners of war to escape .................................................................................................................................. 19Offence

Any person who knowingly helps an alien enemy prisoner of war escape from prison, confinement, or Zambia, or who negligently and unlawfully lets such a person escape, commits an offence.

51. Aiding prisoners of war to escape Any person who— (a) knowingly and advisedly aids an alien enemy of the Republic, being a prisoner of war in Zambia, whether such prisoner is confined in a prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Zambia, is guilty of a felony and is liable to imprisonment for life; (b) negligently and unlawfully permits the escape of any such person as is mentioned in paragraph (a), is guilty of a misdemeanour.
Section 51Verify source
§ 52Definition of overt act ......................................................................................................................................................... 19Interpretation

For Chapter offences that require an overt act showing intent, conspiracy and acts done to further the purpose are treated as overt acts.

52. Definition of overt act In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.
Section 52Verify source
§ 53Prohibited publications ....................................................................................................................................................... 19Substitution

The President may declare certain publications prohibited if they are considered contrary to the public interest.

53. Prohibited publications (1) If the President is of the opinion that there is in any publication or series of publications published within or without Zambia by any person or association of persons matter which is contrary to the public interest, he may, in his absolute discretion, by order published in the Gazette and in such local newspapers as he may consider necessary, declare that that particular publication or series of publications, or all publications or any class of publication specified in the order published by that person or association of persons, shall be a prohibited publication or prohibited publications, as the case may be. (2) If an order made under the provisions of subsection (1) specifies by name a publication which is a periodical publication, such order shall, unless a contrary intention be expressed therein, have effect— (a) with respect to all subsequent issues of such publication; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19 Penal Code, 1930 (Chapter 87) Zambia (b) not only with respect to any publication under that name, but also with respect to any publication published under any other name if the publishing thereof is in any respect a continuation of, or in substitution for, the publishing of the publication named in the order. (3) If an order made under the provisions of subsection (1) declares that all publications published by a specified person or association of persons shall be prohibited publications, such order shall, unless a contrary intention be expressed therein, have effect not only with respect to all publications published by that person or association of persons before the date of the order but also with respect to all publications so published on or after such date. (4) An order made under the provisions of subsection (1) shall, unless a contrary intention is expressed therein, apply to any translation into any language whatsoever of the publication specified in the order. (5) Where an order has been made under subsection (1) declaring any series of publications or all or any class of publications published by any person or association of persons to be prohibited publications or specifying by name a publication which is a periodical publication, any person who wishes to import into Zambia any particular publication affected by such order may apply to the competent authority for a permit in that behalf and, unless the competent authority is satisfied that the publication contains matter which is contrary to the public interest, he shall grant such a permit and the order shall thereupon cease to have effect with respect to that publication. (6) Any person whose application to the competent authority under subsection (5) has been refused may appeal in writing against such refusal to the President whose decision thereon shall be final. (7) For the purpose of this section and of any prosecution in respect of a prohibited publication, any publication which purports to be printed or published outside Zambia by any person or association of persons shall, unless and until the contrary is proved, be deemed to be published outside Zambia by such person or persons. [No. 9 of 1954 as amended by Nos. 34 and 36 of 1960; No. 18 of 1962 and G.N. No. 303 of 1964) ]
Section 53Verify source
§ 54Offences in respect of prohibited publications .......................................................................................................... 20Amendment

It is an offence to import, publish, sell, offer for sale, distribute, or reproduce a prohibited publication or any extract, and also to possess one without lawful excuse.

54. Offences in respect of prohibited publications (1) Any person who imports, publishes, sells, offers for sale, distributes, or reproduces any prohibited publication or any extract therefrom, is guilty of an offence and is liable for a first offence to imprisonment for two years or to a fine not exceeding three thousand penalty units or to both, and for a subsequent offence to imprisonment for three years; and such publication or extract therefrom shall be forfeited to the President on behalf of the Government. (2) Any person who, without lawful excuse, has in his possession any prohibited publication or any extract therefrom, is guilty of an offence and is laible for a first offence to imprisonment for one year or to a fine not exceeding one thousand and five hundred penalty units or to both, and for subsequent offence to imprisonment for two years; and such publication or extract therefrom shall be forfeited to the President on behalf of the Government. [No. 48 of 1938 as amended by No. 9 of 1954; S.I. No. 63 of 1964 and Act No. 13 of 1994]
Section 54Verify source
§ 55Delivery of prohibited publication to police station ................................................................................................ 20Amendment

A person who gets or already holds a prohibited publication must deliver it promptly to the nearest police station or nearest Administrative Officer, unless a public officer has it in the course of duty.

55. Delivery of prohibited publication to police station (1) Any person to whom any prohibited publication or any extract therefrom is sent without his knowledge or privity or in response to a request made before the publication was declared to be a prohibited publication, or who has in his possession any prohibited publication or extract therefrom at the date when the publication is declared to be a prohibited publication, shall forthwith if or as soon as the nature of the contents thereof have become known to him, or in the case of a publication or extract therefrom which is in the possession of such person before an order declaring it to be a prohibited publication has been made, forthwith upon the making of such an order, deliver such publication or extract therefrom at the nearest police station of which an officer of or above the rank of Sub Inspector is in charge or to the nearest Administrative Officer, and in By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20 Penal Code, 1930 (Chapter 87) Zambia default thereof he is guilty of an offence and is liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding one year, or to both, and such publication or extract therefrom shall be forfeited. (2) This section shall not apply to a public officer who receives or is in possession of a prohibited publication or extract therefrom in the course of his duties as such officer. (3) A person who complies with the provisions of subsection (1) or is convicted of an offence under that subsection shall not be liable to prosecution for an offence under section fifty-four. [No. 9 of 1954 as amended by S.I. No. 63 of 1964; No. 24 of 1977 and Act No. 13 of 1994]
Section 55Verify source
§ 56Power to examine packages ............................................................................................................................................. 21Amendment

Certain specified officers may inspect suspected packages, detain people connected with them, and if prohibited material is found, impound the package and arrest the person involved.

56. Power to examine packages (1) Any of the following officers, that is to say: (a) any officer of the General Post Office not below the rank of postmaster; (b) any officer of the Department of Customs and Excise not below the rank of collector; (c) any police officer not below the rank of Sub Inspector; (d) any other officer authorised in that behalf by the President; may detain, open and examine any package or article which he suspects to contain any prohibited publication or extract therefrom, and during such examination may detain any person importing, distributing, or posting such package or article or in whose possession such package or article is found. (2) If any such publication or extract therefrom is found in such package or article, the whole package or article may be impounded and retained by the officer, and the person importing, distributing, or posting it, or in whose possession it is found, may forthwith be arrested and proceeded against for the commission of an offence under section fifty-four or fifty-five, as the case may be. [No. 48 of 1938 as amended by No. 9 of 1954; G.N. No. 303 of 1964 and Act No. 24 of 1977]
Section 56Verify source
§ 57Offences in respect of seditious practices ................................................................................................................... 21Amendment

This section makes it an offence to engage in seditious acts, say seditious words, deal in seditious publications, import them (unless there is no reason to believe they are seditious), or possess them without lawful excuse.

57. Offences in respect of seditious practices (1) Any person who— (a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention; (b) utters any seditious words; (c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; (d) imports any seditious publication, unless he has no reason to believe that it is seditious; is guilty of an offence and is liable for a first offence to imprisonment for seven years or to a fine not exceeding six thousand penalty units or to both; and any seditious publication shall be forfeited. (2) Any person who, without lawful excuse, has in his possession any seditious publication is guilty of an offence and is liable for a first offence to imprisonment for two years or to a fine not exceeding three thousand penalty units or to both, and for a subsequent offence to imprisonment for five years; and such publication shall be forfeited. [No. 48 of 1938 as amended by No. 29 of 1959; No. 6 of 1965 and Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 21 Penal Code, 1930 (Chapter 87) Zambia
Section 57Verify source
§ 58Legal proceedings ................................................................................................................................................................. 22Amendment

A person cannot be prosecuted for an offence under section 57 unless the Director of Public Prosecutions gives written consent.

58. Legal proceedings A person shall not be prosecuted for an offence under section fifty-seven without the written consent of the Director of Public Prosecutions. [No. 48 of 1938 as amended by No. 6 of 1965]
Section 58Verify source
§ 59Evidence .................................................................................................................................................................................... 22Offence

A person cannot be convicted of an offence under section 57 if the only evidence is the uncorroborated testimony of one witness.

59. Evidence No person shall be convicted of an offence under section fifty-seven on the uncorroborated testimony of one witness. [No. 48 of 1938]
Section 59Verify source
§ 60Seditious intention ............................................................................................................................................................... 22Amendment

This section defines “seditious intention” by listing intentions that count as seditious, and gives a proviso for intentions that are not seditious.

60. Seditious intention (1) A seditious intention is an intention— (a) (b) (c) (d) to advocate the desirability of overthrowing by unlawful means the Government as by law established; or to bring into hatred or contempt or to excite disaffection against the Government as by law established; or to excite the people of Zambia to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Zambia as by law established; or to bring into hatred or contempt or to excite disaffection against the administration of justice in Zambia; or (e) to raise discontent or disaffection among the people of Zambia; or (f) (g) (h) (i) (j) to promote feelings of ill will or hostility between different communities or different parts of a community; or to promote feelings of ill will or hostility between different classes of the population of Zambia; or to advocate the desirability of any part of Zambia becoming an independent state or otherwise seceding from the Republic; or to incite violence or any offence prejudicial to public order or in disturbance of the public peace; or to incite resistance, either active or passive, or disobedience to any law or the administration thereof: Provided that an intention, not being an intention manifested in such a manner as to effect or be likely to effect any of the purposes mentioned in the aforegoing provisions of this subsection, shall not be taken to be seditious if it is an intention— (i) to show that the Government have been misled or mistaken in any of their measures; or (ii) to point out errors or defects in the Government or Constitution as by law established or in legislation or in the administration of justice, with a view to the reformation of such errors or defects; or (iii) to persuade the people of Zambia to attempt to procure by lawful means the alteration of any matter in Zambia as by law established; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 22 Penal Code, 1930 (Chapter 87) Zambia (iv) to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill will or hostility between different classes of the population of Zambia. (2) In determining whether the intention with which any act was done, any words were spoken, or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself. (3) For the purposes of paragraph (f) of subsection (1), "community" includes any body or group of persons having a common tribal or racial origin. [No. 48 of 1938 as amended by No. 2 of 1955; No. 53 of 1957; No. 34 of 1960; No. 20 of 1964; No. 6 of 1965 and No. 36 of 1969]
Section 60Verify source
§ 61Persons deemed to have published a seditious publication ................................................................................. 23Provision

This section says certain people are treated as having published a seditious publication, and some of them can defend themselves by proving lack of consent and due care.

61. Persons deemed to have published a seditious publication (1) In any prosecution for publishing a seditious publication where it is proved that the publication has been published, the following persons shall be deemed to have published such publication: (a) in the case of a publication of a society, the office-bearers of the society; (b) any person referred to in the publication as being the editor, assistant editor or author of such publication; (c) any person who is proved to be the editor of such publication; (d) any person who is proved to have published such publication. (2) Notwithstanding the provisions of subsection (1), where any person mentioned in paragraph (a), (b) or (c) of the said subsection is prosecuted for publishing a seditious publication, it shall be a sufficient defence if he proves to the satisfaction of the court that the seditious publication was published without his consent and that the publication of the seditious publication did not arise from want of due care or caution on his part. (3) A publication shall be treated as being the publication of a society if— (a) (b) it professes by name or otherwise to be a publication of or under the sponsorship of the society; it is published or disseminated by or under the direction or guidance of the society or by any person as an office-bearer of the society. (4) In any prosecution for publishing a seditious publication, publication by or under the sponsorship of any branch, party or organ of a society shall be deemed to be a publication by the main society and by any headquarters branch of such society. (5) For the purposes of this section, "office-bearer" and "society" shall have the meaning assigned to them in the Societies Act. [Cap. 119] [No. 18 of 1962
Section 61Verify source
§ 62Interpretation .......................................................................................................................................................................... 23Amendment

This section defines terms used for sections 53 to 61, including “competent authority,” “import,” “publication,” and several seditious-publication terms.

62. Interpretation For the purposes of sections fifty-three to sixty-one both inclusive— "competent authority" means the person appointed as such by the President; "import" includes— (a) to bring into Zambia; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 23 Penal Code, 1930 (Chapter 87) Zambia (b) to bring within the inland waters of Zambia, whether or not the publication is brought ashore, and whether or not there is an intention to bring the same ashore; "periodical publication" includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular; "prohibited publication" means any publication in respect of which an order has been made under the provisions of section fifty-three; "public interest" means the interest of defence, public safety, public order, public morality or public health; "publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, or gramophone record, or other similar means of reproducing speech, and every copy and reproduction of any publication; "seditious publication" means a publication containing any word, sign or visible presentation expressive of a seditious intention; and "seditious words" means words having a seditious intention. [No. 48 of 1938 as amended by No. 9 of 1954; No. 18 of 1962; G.N. No. 303 of 1964 and No. 6 of 1965]
Section 62Verify source
§ 63Unlawful oaths to commit capital offences ................................................................................................................ 24Amendment

A person must not administer, consent to the administering of, or take an oath that binds someone to commit an offence punishable with life imprisonment.

63. Unlawful oaths to commit capital offences Any person who— (a) administers, or is present at and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with life imprisonment; or [paragraph (a) amended by section 9 of Act 23 of 2022] (b) takes any such oath or engagement, not being compelled to do so; is guilty of a felony and is liable to imprisonment for life.
Section 63Verify source
§ 64Other unlawful oaths to commit offences ................................................................................................................... 24Amendment

It is a felony for any person to administer, consent to administering, or take certain oaths or engagements meant to support unlawful conduct; the penalty is imprisonment for seven years.

64. Other unlawful oaths to commit offences Any person who— (a) administers, or is present at and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to act in any of the ways following, that is to say: (i) to engage in any mutinous or seditious enterprise; (ii) to disturb the public peace; (iii) (iv) to be of any association, society or confederacy, formed for the purpose of doing any such act as aforesaid; to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose; (v) not to inform or give evidence against any associate, confederate or other person; (vi) not to reveal or discovery any unlawful association, society or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of any such oath or engagement; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 24 Penal Code, 1930 (Chapter 87) Zambia (vii) to commit any other offence; or [paragraph (a) amended by section 10 of Act 23 of 2022] (b) takes any such oath or engagement, not being compelled to do so; is guilty of a felony and is liable to imprisonment for seven years.
Section 64Verify source
§ 65Compulsion: How far a defence ...................................................................................................................................... 25Provision

A person who says he was compelled to take the oath or engagement cannot rely on that defence unless he gives a sworn declaration within 14 days, or within 14 days after force or sickness ends.

65. Compulsion: How far a defence A person who takes any such oath or engagement as is mentioned in the two last preceding sections cannot set up as a defence that he was compelled to do so, unless within fourteen days after taking it, or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before a magistrate, or, if he is on actual service in the Defence Force or in the Zambia Police Force, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.
Section 65Verify source
§ 66Unlawful drilling ................................................................................................................................................................... 25Amendment

A person who trains, drills, or attends unauthorized drilling related to arms or military exercises commits an offence; subsection (1) carries up to 7 years’ imprisonment.

66. Unlawful drilling (1) Any person who— (a) without the permission of the President, trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions; or (b) is present at any meeting or assembly of persons, held without the permission of the President, for the purpose of training or drilling any other persons to the use of arms or the practice of military exercises, movements, or evolutions; is guilty of a felony and is liable to imprisonment for seven years. (2) Any person who, at any meeting or assembly held without the permission of the President, is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour. [As amended by G.N. No. 303 of 1964 and S.I. No. 63 of 1964]
Section 66Verify source
§ 67Publication of false news with intent to cause fear and alarm to the public .................................................. 25Amendment

Publishing false news that is likely to cause fear, alarm, or public disorder can be a misdemeanour punishable by up to three years’ imprisonment.

67. Publication of false news with intent to cause fear and alarm to the public (1) Any person who publishes, whether orally or in writing or otherwise, any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that such statement, rumour or report is false, is guilty of a misdemeanour and is liable to imprisonment for three years. (2) It shall be no defence to a charge under subsection (1) that he did not know or did not have reason to believe that the statement, rumour or report was false, unless he proves that, prior to publication, he took reasonable measures to verify the accuracy of such statement, rumour or report. [No. 48 of 1938 as amended by No. 7 of 1958]
Section 67Verify source
§ 68Insulting the national anthem ......................................................................................................................................... 25Offence

A person who acts, speaks, or publishes writing to insult, contempt, or ridicule Zambia’s official national anthem commits an offence.

68. Insulting the national anthem Any person who does any act or utters any words or publishes any writing, with intent to insult or bring into contempt or ridicule the official national anthem of Zambia, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding two years. [No. 6 of 1965] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 25 Penal Code, 1930 (Chapter 87) Zambia
Section 68Verify source
§ 69*** ................................................................................................................................................................................................ 26Repeal

Section 69 is repealed.

69. *** [No. 6 of 1965] [section 69 repealed by section 11 of Act 23 of 2022]
Section 69Verify source
§ 70Expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of originOffence

It is an offence to utter words or publish writing that shows hatred, ridicule, or contempt for a person or group because of race, tribe, place of origin, or colour.

70. Expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of origin or colour (1) Any person who utters any words or publishes any writing expressing or showing hatred, ridicule or contempt for any person or group of persons wholly or mainly because of his or their race, tribe, place of origin or colour is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding two years. (2) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. [No. 6 of 1965] Chapter VIII Offences affecting relations with foreign states and external tranquility
Section 70Verify source

Part

Chapter VIII

§ 71*** ................................................................................................................................................................................................ 26Repeal

Section 71 is shown as repealed.

71. *** [As amended by S.I. No. 63 of 1964] [section 71 repealed by section 12 of Act 23 of 2022]
Section 71Verify source
§ 72Foreign enlistment ............................................................................................................................................................... 26Commencement

It is a misdemeanour to do listed foreign-enlistment acts without the President’s authority.

72. Foreign enlistment Any person commits a misdemeanour who does any of the following acts without the authority of the President, that is to say: (a) who prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in such expedition; or (b) who, being a Zambian subject, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state, or, whether a Zambian subject or not, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any foreign state as aforesaid; or (c) who, being a Zambian subject, quits or goes on board any vessel with a view of quitting Zambia, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or, whehter a Zambian subject or not, induces any other person to quit or to go on board any vessel with a view of quitting Zambia with the like intent; or (d) who, being the master or owner of any vessel, knowingly either takes on board, or engages to take on board, or has on board such vessel any illegally enlisted person; or (e) who, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state builds, agrees to build, causes to be built, equips, despatches, or causes or allows to be despatched, any vessel, or issues or delivers any commission for any vessel: Provided that a person building, causing to be built or equipping a vessel in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, is not liable to any of the penalties specified in this section in respect of such building or equipping if— By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 26 Penal Code, 1930 (Chapter 87) Zambia (i) upon a proclamation of neutrality being issued by the President, he forthwith gives notice to the President or the Minister responsible for foreign affairs that he is so building, causing to be built, or equipping such vessel, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the President or the Minister responsible for foreign affairs; and (ii) he gives such security, and takes and permits to be taken such other measures, if any, as the President or the Minister responsible for foreign affairs may prescribe for ensuring that such vessel shall not be despatched, delivered, or removed without the licence of the President until the termination of such war as aforesaid. [As amended by S.I. No. 63 of 1964]
Section 72Verify source
§ 73Piracy ......................................................................................................................................................................................... 27Offence

A person guilty of piracy or a related piracy crime is to be tried and punished under the law of England then in force.

73. Piracy Any person who is guilty of piracy or any crime connected with or relating or akin to piracy is liable to be tried and punished according to the law of England for the time being in force. Chapter IX Unlawful assemblies, riots and other offences against public tranquility
Section 73Verify source

Part

Chapter IX

§ 74Definition of unlawful assembly ..................................................................................................................................... 27Amendment

The section defines when a gathering of three or more people becomes an unlawful assembly, and when that unlawful assembly becomes a riot.

74. Definition of unlawful assembly (1) When three or more persons assemble with intent to commit an offence, or being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, they are an unlawful assembly. It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid. (2) Definition of riot When an unlawful assembly has begun to execute a common purpose by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled. [As amended by No. 20 of 1964]
Section 74Verify source
§ 75Punishment of unlawful assembly ................................................................................................................................. 27Amendment

A person who takes part in an unlawful assembly commits a misdemeanour and can be imprisoned for five years.

75. Punishment of unlawful assembly Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for five years. [As amended by No. 26 of 1961]
Section 75Verify source
§ 76Punishment of riot ................................................................................................................................................................ 27Amendment

Anyone who takes part in a riot commits a misdemeanour and can be imprisoned for seven years.

76. Punishment of riot Any person who takes part in a riot is guilty of a misdemeanour and is liable to imprisonment for seven years. [As amended by No. 26 of 1961]
Section 76Verify source
§ 77Making proclamation for rioters to disperse ............................................................................................................... 27Amendment

Certain magistrates, police officers, and Defence Force officers may issue a proclamation ordering rioters or assembled persons to disperse peaceably when they see or expect a riot involving twelve or more people.

77. Making proclamation for rioters to disperse Any magistrate, or any police officer of or above the rank of Inspector, or any commissioned officer in the Defence Force, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 27 Penal Code, 1930 (Chapter 87) Zambia be made a proclamation in the President's name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably. [As amended by No. 1 of 1956 and S.I. No. 63 of 1964]
Section 77Verify source
§ 78Dispersion of rioters after proclamation made .......................................................................................................... 28Provision

If a proclamation has been made (or was prevented by force) and twelve or more people keep rioting together, specified persons may disperse them or arrest them, and may use reasonably necessary force if resisted.

78. Dispersion of rioters after proclamation made If upon the expiration of a reasonable time after such proclamation is made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make proclamation, or any police officer, or any other person acting in aid of such person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.
Section 78Verify source
§ 79Rioting after proclamation ................................................................................................................................................ 28Amendment

After a proclamation to disperse a riot, anyone who keeps taking part in the riot or assembly after a reasonable time commits a felony and can be imprisoned for 10 years.

79. Rioting after proclamation If proclamation is made, commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of such proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for ten years. [As amended by No. 26 of 1961]
Section 79Verify source
§ 80Preventing or obstructing the making of proclamation .......................................................................................... 28Amendment

It is an offence to forcibly prevent or obstruct a proclamation mentioned in section 77, and doing so can lead to 10 years’ imprisonment. If the proclamation is prevented, a person who knows that and still takes part in the riot or assembly is also liable to 10 years’ imprisonment.

80. Preventing or obstructing the making of proclamation Any person who forcibly prevents or obstructs the making of such proclamation as is in section seventy- seven mentioned, is guilty of a felony and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for ten years. [As amended by No. 26 of 1961]
Section 80Verify source
§ 81Rioters demolishing buildings, etc. ................................................................................................................................ 28Provision

People who are riotously assembled and unlawfully destroy, or start to destroy, buildings, railways, machinery, or structures commit a felony and may be imprisoned for life.

81. Rioters demolishing buildings, etc. Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy any building, railway, machinery or structures are guilty of a felony and each of them is liable to imprisonment for life.
Section 81Verify source
§ 82Rioters injuring buildings, etc. ......................................................................................................................................... 28Provision

People riotously assembled who unlawfully damage the listed things commit a felony and can be imprisoned for seven years.

82. Rioters injuring buildings, etc. Any persons who, being riotously assembled together, unlawfully damage any of the things in the last preceding section mentioned, are guilty of a felony and each of them is liable to imprisonment for seven years.
Section 82Verify source
§ 83Riotously interferring with railway, vehicle, etc. ....................................................................................................... 28Provision

People who gather riotously and use force to obstruct railway, vehicle, or vessel loading, movement, sailing, navigation, or boarding with that intent commit a misdemeanour.

83. Riotously interferring with railway, vehicle, etc. All persons are guilty of a misdemeanour who, being riotously assembled, unlawfully and with force prevent, hinder or obstruct the loading or unloading of any railway, motor or other vehicle or vessel, or the starting or transit of any railway, motor or other vehicle, or the sailing or navigating of any vessel, or unlawfully and with force board any railway, motor or other vehicle or any vessel with intent so to do.
Section 83Verify source
§ 84Going armed in public ........................................................................................................................................................ 28Provision

A person must not go armed in public without lawful occasion in a way that causes terror to anyone.

84. Going armed in public Any person who goes armed in public, without lawful occasion, in such a manner as to cause terror to any person is guilty of a misdemeanour and his arms may be forfeited. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 28 Penal Code, 1930 (Chapter 87) Zambia
Section 84Verify source
§ 85Possession of offensive weapons or materials ........................................................................................................... 29Offence

It is an offence to possess an offensive weapon or offensive material without lawful authority or excuse; police may arrest without warrant, and prosecution needs written consent from the Director of Public Prosecutions.

85. Possession of offensive weapons or materials (1) Any person who, without lawful authority or excuse, the proof whereof shall lie upon him, has in his possession or in or upon any premises occupied by him any offensive weapon or any offensive material is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding seven years. (2) A police officer may arrest without warrant any person whom he has reasonable cause to believe to be committing an offence under this section. (3) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions. (4) In this section— "offensive material" means any substance, material or article made or adapted for use for causing or threatening injury to the person or property, or intended by the person in question for such use, and includes— (a) any explosive as defined in the Explosives Act; [Cap. 115] (b) any ammunition as defined in the Firearms Act; [Cap. 110] (c) any inflammable liquid or substance, and any acid or gas. [No. 36 of 1969]
Section 85Verify source
§ 86Forcible entry ......................................................................................................................................................................... 29Offence

Entering land or tenements violently to take possession is a misdemeanour called forcible entry.

86. Forcible entry (1) Any person who, in order to take possession thereof, enters on any land or tenements in a violent manner, whether such violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, is guilty of the misdemeanour termed "forcible entry". (2) It is immaterial whether he is entitled to enter on the land or not, provided that a person who enters upon lands or tenements of his own, but which are in the custody of his servant or bailiff, does not commit the offence of forcible entry.
Section 86Verify source
§ 87Forcible detainer .................................................................................................................................................................... 29Provision

A person in unlawful actual possession of land who keeps possession in a way likely to breach the peace may commit the misdemeanour of forcible detainer.

87. Forcible detainer Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land, is guilty of the misdemeanour termed "forcible detainer".
Section 87Verify source
§ 88Affray .......................................................................................................................................................................................... 29Amendment

Anyone who takes part in a fight in a public place commits a misdemeanour and can be punished with up to six months’ imprisonment or a fine of up to 750 penalty units.

88. Affray Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding seven hundred and fifty penalty units. [As amended by Act No. 13 of 1994]
Section 88Verify source
§ 89Challenge to fight a duel ................................................................................................................................................... 29Provision

A person commits a misdemeanour if they challenge someone to a duel or try to get someone to issue or make such a challenge.

89. Challenge to fight a duel Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 29 Penal Code, 1930 (Chapter 87) Zambia
Section 89Verify source
§ 90Threatening violence ........................................................................................................................................................... 30Amendment

A person must not threaten injury, discharge loaded firearms, or commit a breach of the peace with intent to alarm another person; doing so is a misdemeanour punishable by up to five years’ imprisonment.

90. Threatening violence Any person who— (a) threatens another with any injury to his person or property with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as a means of avoiding the execution of such threat; or (b) discharges loaded firearms or commits any breach of the peace with intent to alarm any person; is guilty of a misdemeanour and is liable to imprisonment for five years. [No. 28 of 1937 as amended by No. 26 of 1961]
Section 90Verify source
§ 91Proposing violence or breaches of the law to assemblies .................................................................................... 30Amendment

A person must not, without lawful excuse, make certain inflammatory statements to an assembly. It is an offence punishable by up to seven years’ imprisonment.

91. 1Proposing violence or breaches of the law to assemblies (1) Any person who, without lawful excuse, to any assembly makes any statement indicating or implying that it would be incumbent or desirable— (a) to do any acts calculated to bring death or physical injury to any person or to any class or community of persons; or (b) to do any acts calculated to lead to destruction or damage to any property; or (c) to commit an offence against any law in force in Zambia or in any part thereof; is guilty of an offence and is liable to imprisonment for seven years: Provided that a statement which expresses mere disapproval of a law shall, to that extent only, be held not to be a statement which indicates or implies that it would be incumbent or desirable to commit an offence against such law. (2) A person shall not be prosecuted for an offence under paragraph (c) of subsection (1) without the written consent of the Director of Public Prosecutions. (3) For the purposes of this section, an assembly means a gathering of three or more persons. [No. 70 of 1953 as amended by No. 26 of 1961 and S.I. No. 63 of 1964]
Section 91Verify source
§ 92Wrongfully inducing a boycott ......................................................................................................................................... 30Substitution

The President may designate a boycott by notice, and it is an offence to try to get people to act in furtherance of a designated boycott.

92. Wrongfully inducing a boycott (1) Whenever the President is satisfied that any boycott is being conducted or is threatened or likely to be conducted in Zambia with the intention or effect of— (a) bringing into hatred or contempt, exciting disaffection against or undermining the lawful authority of the Government, or a local authority, or of persuading any such body to alter any law or rule, to appoint or dissolve any commission or committee or to take any action which it is not by law required to take; (b) endangering law and order in the Republic; (c) bringing the economic life of the Republic into jeopardy; or (d) raising discontent or disaffection among the inhabitants of Zambia or engendering feelings of ill will or hostility between different classes or different races of the population of Zambia; he may, by statutory notice, designate such boycott for the purposes of this section and may, by the same or in a subsequent such notice, specify in relation to a designated boycott any action which he 1 On the expiry of Act No. 70 of 1953, the text of this section set out in Act No. 22 of 1953 will be substituted. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 30 Penal Code, 1930 (Chapter 87) Zambia is satisfied is likely to further that boycott, including (but without prejudice to the generality of the foregoing power) any action falling within any of the following classes of action, that is to say: (i) abstaining from buying goods from or selling goods to any person or class of persons; or (ii) abstaining from buying or selling any goods or class of goods; or (iii) abstaining from entering or approaching or dealing at any premises at which any person or class of person carries on trade or business; or (iv) abstaining from dealing with any person or class of person in the course of his trade or business or abstaining from using or providing any service or class of service; or (v) abstaining from working for or employing any person or class of person; or (vi) abstaining from letting, hiring or allowing the use of any land or building to any person or class of person; or (vii) abstaining from doing any other act which may lawfully be done. (2) Any person who, with intent to further any designated boycott— (a) by word of mouth; or (b) by making a publication as defined in subsection (6); advises, induces or persuades or attempts to advise, induce or persuade any person or class of person to take any action which has been specified in relation to such boycott under the provisions of subsection (1), is guilty of an offence and is liable to imprisonment for a period not exceeding six months. (3) For the purposes of this section, in determining whether any words were spoken or any publication was made with intent to further a designated boycott, every person shall, unless the contrary be proved, be deemed to intend the consequences which would naturally follow from his conduct at the time and the circumstances in which he so conducts himself. (4) Nothing in this section shall be construed so as to make unlawful any action lawfully taken by a party to a trade dispute as defined in the Industrial and Labour Relations Act, in contemplation or in furtherance of such dispute. [Cap. 269] (5) Where any person is charged before any court with an offence under this section, no further proceedings in respect thereof shall be taken against him without the consent of the Director of Public Prosecutions, except such as the court may think necessary by remanding (whether in custody or on bail) or otherwise to secure the due appearance of the person charged, so however, that if such person is remanded in custody, he shall, after the expiration of a period of fourteen days from the date on which he was so remanded, be entitled to be discharged from custody on entering a recognizance without sureties, unless within such period the Director of Public Prosecutions has consented to such further proceedings as aforesaid. (6) For the purposes of this section, "publication" has the meaning given to it by section sixty-two, and a person is said to make a publication if he prints, publishes, sells, distributes or reproduces such publication. (7) For the purposes of this section, "boycott" means the withholding by a combination of persons of all relations or any particular relations from any person or class of persons. [No. 29 of 1959 as amended by G.N. No. 268 of 1964; S.I. No. 63 of 1964 and No. 69 of 1965]
Section 92Verify source
§ 93Assembling for the purpose of smuggling .................................................................................................................. 31Amendment

Two or more people who assemble to unship, carry, or hide customs-duty goods liable to forfeiture commit a misdemeanour.

93. Assembling for the purpose of smuggling Any persons who assemble together, to the number of two or more, for the purpose of unshipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any written law By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 31 Penal Code, 1930 (Chapter 87) Zambia relating to customs, are guilty of a misdemeanour and each of them is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units. [As amended by Act No. 13 of 1994] II – Offences against the administration of lawful authority Chapter X Offences against the administration of lawful authority
Section 93Verify source

Part

Chapter X

§ 97Officers charged with administration of property of a special character of with special duties ............... 32Provision

Public servants with certain duties must not act in those duties where they have a private interest; doing so is a misdemeanour punishable by up to one year in prison.

97. Officers charged with administration of property of a special character of with special duties Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour and is liable to imprisonment for one year.
Section 97Verify source
§ 98False claims by officials ..................................................................................................................................................... 32Provision

Public servants in certain reporting roles must not knowingly make false material returns or statements about sums payable or matters tied to payment or delivery of goods.

98. False claims by officials Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of a misdemeanour.
Section 98Verify source
§ 99Consent of Director of Public Prosecutions ................................................................................................................. 32Substitution

A prosecution for offences under sections 97 or 98 can only be started by, or with, the Director of Public Prosecutions’ sanction.

99. Consent of Director of Public Prosecutions A prosecution for an offence under sections ninetyseven or ninety-eight shall not be instituted except by, or with, the sanction of the Director of Public Prosecutions. [As amended by S.I. No. 63 of 1964 and Act No 29 of 1976] [section 99 substituted by section 2 of Act 1 of 2012]
Section 99Verify source
§ 100False certificates by public officers ............................................................................................................................. 32Offence

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

100. False certificates by public officers Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular, is guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 32 Penal Code, 1930 (Chapter 87) Zambia
Section 100Verify source
§ 101False assumption of authority ....................................................................................................................................... 33Provision

A person must not falsely act or present themselves as a judicial officer or as someone legally authorized to do certain public acts or certify records.

101. False assumption of authority Any person who— (a) not being a judicial officer, assumes to act as a judicial officer; or (b) without authority, assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorised by law to do so; or (c) represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised; is guilty of a misdemeanour.
Section 101Verify source
§ 102Personating public officers .............................................................................................................................................. 33Provision

A person must not impersonate a public servant or falsely claim to be one in order to do an official act or attend a place as if employed in the public service.

102. Personating public officers Any person who— (a) personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or (b) falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment; is guilty of a misdemeanour and is liable to imprisonment for three years.
Section 102Verify source
§ 103Threat of injury to persons employed in public service ...................................................................................... 33Provision

Threatening injury to a public servant, or someone believed to be interested in them, to make them act or refrain from acting on a public function is a misdemeanour.

103. Threat of injury to persons employed in public service Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person to be interested, for the purpose of inducing that person to do any act, or to forbear or delay to do any act connected with the exercise of the public functions of such person, is guilty of a misdemeanour. [No. 26 of 1940]
Section 103Verify source
§ 103ADefinition ............................................................................................................................................................................ 33Amendment

This section defines “public service” for this chapter.

103A. Definition In this chapter, "public service" means service of the Government or a local authority, or of a statutory board or body including an institution of higher learning, corporation or company in which the Government has majority interest or control. [As amended by Act No. 29 of 1976] Chapter XI Offences relating to the administration of justice
Section 103AVerify source

Part

Chapter XI

§ 104Perjury ..................................................................................................................................................................................... 33Provision

Knowingly giving false testimony in a judicial proceeding, or to start one, is perjury; helping someone do that is subornation of perjury.

104. Perjury (1) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed "perjury". (2) It is immaterial whether the testimony is given on oath or under any other sanction authorised by law. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 33 Penal Code, 1930 (Chapter 87) Zambia (3) The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assent to the forms and ceremonies actually used. (4) It is immaterial whether the false testimony is given orally or in writing. (5) (6) It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given. It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not. (7) Subornation of perjury Any person who aids, abets, counsels, procures, or suborns another person to commit perjury is guilty of the misdemeanour termed "subornation of perjury".
Section 104Verify source
§ 104AConflicting statements on oath .................................................................................................................................. 34Amendment

A witness who knowingly gives contradictory sworn or affirmed statements in a judicial proceeding can commit an offence and be imprisoned for two years.

104A. Conflicting statements on oath (1) Where a witness in any judicial proceeding, other than a person accused of an offence in a criminal proceeding, makes a statement on oath or affirmation on some fact relevant in the proceeding contradicting a material detail in a previous statement made on oath or affirmation by the same witness before any court or tribunal and, the court or tribunal is satisfied that either of the statements whether false or not was made with intent to deceive, shall be guilty of an offence and liable to imprisonment for two years. (2) At the trial of any person for an offence under this section, the record of a court or tribunal containing any statement made on oath or affirmation by the person charged shall be prima facie evidence of such statement. (3) A person shall be liable to be convicted of an offence under this section notwithstanding that any statement made by him before a court or tribunal was made in reply to a question which he was bound by law to answer, any such statement shall be admissible in any proceeding under this section. [As amended by Act 3 of 1990]
Section 104AVerify source
§ 105False statements by interpreters .................................................................................................................................. 34Provision

An interpreter who is lawfully sworn in a judicial proceeding commits perjury if they knowingly make a false material statement.

105. False statements by interpreters Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, is guilty of the misdemeanour termed "perjury". [No. 26 of 1940]
Section 105Verify source
§ 106Punishment of perjury and subordination of perjury ............................................................................................ 34Provision

Anyone who commits perjury or helps another person commit perjury can be imprisoned for seven years.

106. Punishment of perjury and subordination of perjury Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.
Section 106Verify source
§ 107Evidence on charge of perjury ....................................................................................................................................... 34Provision

A person cannot be convicted of perjury or subordination of perjury based only on one witness saying a statement was false.

107. Evidence on charge of perjury A person cannot be convicted of committing perjury or of subordination of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.
Section 107Verify source
§ 108Fabricating evidence ......................................................................................................................................................... 34Provision

A person must not fabricate evidence or knowingly use fabricated evidence to mislead a tribunal in a judicial proceeding.

108. Fabricating evidence Any person who, with intent to mislead any tribunal in any judicial proceeding— (a) fabricates evidence by any means other than perjury or subordination of perjury; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 34 Penal Code, 1930 (Chapter 87) Zambia (b) knowingly makes use of such fabricated evidence; is guilty of a misdemeanour and is liable to imprisonment for seven years.
Section 108Verify source
§ 109False swearing ..................................................................................................................................................................... 35Provision

A person who lies under oath or makes a false affirmation or declaration in the stated setting commits a misdemeanour.

109. False swearing Any person who swears falsely or makes a false affirmation or declaration before any person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury, is guilty of a misdemeanour.
Section 109Verify source
§ 110Deceiving witnesses .......................................................................................................................................................... 35Provision

A person must not deceive or make false statements to a witness in a judicial proceeding with intent to affect the witness’s testimony.

110. Deceiving witnesses Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour.
Section 110Verify source
§ 111Destroying evidence .......................................................................................................................................................... 35Amendment

A person must not knowingly and wilfully destroy or alter evidence that may be needed in a judicial proceeding, with intent to stop it being used as evidence.

111. Destroying evidence Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour. [As amended by No. 26 of 1940]
Section 111Verify source
§ 112Conspiracy to defeat justice and interference with witnesses ........................................................................... 35Amendment

A person commits a felony if they conspire to defeat justice, interfere with witnesses, or obstruct legal process.

112. Conspiracy to defeat justice and interference with witnesses (1) Any person commits a felony who— (a) (b) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or (c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal. (2) Any person guilty of a felony under sub-section (1) is liable to imprisonment for seven years. [As amended by Act No. 29 of 1976]
Section 112Verify source
§ 113Compounding felonies ...................................................................................................................................................... 35Provision

A person must not seek or take any benefit in return for compounding or concealing a felony, or for stopping, delaying, or hiding evidence of a felony prosecution.

113. Compounding felonies Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue, or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.
Section 113Verify source
§ 114Compounding penal actions ........................................................................................................................................... 35Offence

A person must not settle or compromise a penal action for a penalty without the court’s order or consent.

114. Compounding penal actions Any person who, having brought, or under pretence of bringing, an action against another person upon a Penal Act or Statute in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 35 Penal Code, 1930 (Chapter 87) Zambia
Section 114Verify source
§ 115Advertisements for stolen property ............................................................................................................................. 36Provision

A person commits a misdemeanour if they publicly offer rewards or returns connected to stolen or lost property in the ways described here, or publish such an offer.

115. Advertisements for stolen property Any person who— (a) publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested; or (b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced or any other sum of money or reward for the return of such property; or (c) prints or publishes any such offer; is guilty of a misdemeanour.
Section 115Verify source
§ 116Contempt of court .............................................................................................................................................................. 36Amendment

This section makes several kinds of conduct during or around judicial proceedings contempt of court, punishable by imprisonment or a fine.

116. Contempt of court (1) Any person who— (a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or (b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or (c) causes an obstruction or disturbance in the course of a judicial proceeding; or (d) while a judicial proceeding is pending, makes use of any speech or writing, misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or (e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or (f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding either before or after he has given evidence, in connection with such evidence; or (g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or (h) (i) retakes possession of land from any person who has recently obtained possession by a writ of court; or commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken; is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding seven hundred and fifty penalty units. (2) When any offence against paragraph (a), (b), (c), (d) or (i) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine not exceeding six hundred penalty units or, in default of payment, to imprisonment without hard labour for one month. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 36 Penal Code, 1930 (Chapter 87) Zambia (3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of a court to punish for contempt of court. [As amended by No. 26 of 1940 and Act No. 13 of 1994]
Section 116Verify source
§ 117Prohibition on taking photographs, etc., in court ................................................................................................... 37Amendment

People are generally forbidden from taking, making, or publishing photographs, portraits, or sketches in court, subject to consent-based exceptions.

117. Prohibition on taking photographs, etc., in court (1) No person shall— (a) take or attempt to take in any court any photograph, or, with a view to publication, make or attempt to make in any court any portrait or sketch, of any person, being a Judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the provisions of this subsection or any reproduction thereof; and if any person acts in contravention of this subsection, he shall be liable to a fine not exceeding one thousand five hundred penalty units in respect of each offence; Provided that this section shall not apply to photographs being taken on any occasion with the consent of the Chief Justice, or where the occasion is the opening of any session of the High Court, with the consent of the Judge holding that session. (2) For the purposes of this section— (a) "court" means the High Court, any subordinate court, juvenile court, court of a coroner or a local court as defined in the Local Courts Act; [Cap. 29] (b) "Judge" includes registrar, magistrate, coroner and officer of such local court; (c) a photograph, portrait or sketch shall be deemed to be a photograph, portrait or sketch taken or made in court if it is taken or made in the court-room or in the building or in the precincts of the building in which the court is held, or if it is a photograph, portrait or sketch taken or made of the person while he is entering or leaving the court-room or any such building or precincts as aforesaid. [As amended by No. 53 of 1957; Act No. 3 of 1990 and No. 13 of 1994] Chapter XII Rescues, escapes and obstructing officers of court of law
Section 117Verify source

Part

Chapter XII

§ 118Rescue ..................................................................................................................................................................................... 37Substitution

Using force to rescue or try to rescue someone from lawful custody is an offence, with heavier penalties if the person was under life-imprisonment-related custody.

118. Rescue (1) Any person who by force rescues or attempts to rescue from lawful custody any other person— (a) is, if such last-named person is under sentence of imprisonment for life or charged with an offence punishable with imprisonment for life, guilty of a felony and is liable, on conviction, to imprisonment for life; [paragraph (a) substituted by section 13 of Act 23 of 2022] (b) is, if such other person is imprisoned on a charge or under sentence for any offence other than those specified above, guilty of a felony and is liable to imprisonment for seven years; and (c) is, in any other case, guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 37 Penal Code, 1930 (Chapter 87) Zambia (2) If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in custody.
Section 118Verify source
§ 119Escape from lawful custody ........................................................................................................................................... 38Provision

A person in lawful custody must not escape from that custody.

119. Escape from lawful custody Any person who, being in lawful custody, escapes from such custody, is guilty of a misdemeanour.
Section 119Verify source
§ 120Aiding prisoners to escape ............................................................................................................................................. 38Provision

Any person who helps a prisoner escape, tries to help them escape from lawful custody, or brings items into a prison to help an escape commits a felony.

120. Aiding prisoners to escape Any person who— (a) aids a prisoner in escaping or attempting to escape from lawful custody; or (b) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner; is guilty of a felony and is liable to imprisonment for seven years.
Section 120Verify source
§ 121Removal etc., of property under lawful seizure ...................................................................................................... 38Provision

A person must not knowingly interfere with property that has been attached or taken by court process, if done to hinder or defeat that process.

121. Removal etc., of property under lawful seizure Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of such property, is guilty of a felony and is liable to imprisonment for three years.
Section 121Verify source
§ 122Obstructing court officers ................................................................................................................................................ 38Offence

A person must not wilfully obstruct or resist someone who is lawfully executing a court order or warrant.

122. Obstructing court officers Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court, is guilty of a misdemeanour and is liable to imprisonment for one year. Chapter XIII Miscellaneous offences against public authority
Section 122Verify source

Part

Chapter XIII

§ 123Frauds and breaches of trust by public officers ...................................................................................................... 38Provision

Public servants who, while doing their official duties, commit fraud or breach of trust affecting the public commit a misdemeanour.

123. Frauds and breaches of trust by public officers Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a misdemeanour.
Section 123Verify source
§ 124*** .............................................................................................................................................................................................. 38Repeal

Section 124 is repealed.

124. *** [repealed by Act No. 7 of 1990]
Section 124Verify source
§ 125False information to public officer .............................................................................................................................. 38Amendment

It is an offence to knowingly or believed-false information to a person employed in the public service when intending or likely causing an improper act or misuse of power.

125. False information to public officer Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause or knowing it to be likely that he will thereby cause such person— (a) to do or omit anything which such person ought not to do or omit if the true state of facts respecting which such information is given were known to him; or (b) to use the lawful power of such person to the injury or annoyance of any person; is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine of one thousand and five hundred penalty units or to both. [As amended by No. 26 of 1933 and Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 38 Penal Code, 1930 (Chapter 87) Zambia
Section 125Verify source
§ 126Disobedience of statutory duty ..................................................................................................................................... 39Offence

A person who wilfully breaks a statutory duty affecting the public commits a misdemeanour and may be imprisoned for two years, unless the statute sets a different penalty.

126. Disobedience of statutory duty Everyone who wilfully disobeys any Statute or Act by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, is guilty of a misdemeanour and is liable, unless it appears from the Statute or Act that it was the intention of Parliament to provide some other penalty for such disobedience, to imprisonment for two years.
Section 126Verify source
§ 127Disobedience of lawful orders ....................................................................................................................................... 39Offence

Disobeying a lawful order, warrant, or command from an authorized court, officer, or public official is a misdemeanour and can lead to up to two years’ imprisonment, unless another penalty or procedure is expressly provided.

127. Disobedience of lawful orders Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or person acting in any public capacity and duly authorised in that behalf, is guilty of a misdemeanour and is liable, unless any other penalty or mode of proceeding is expressly prescribed in respect of such disobedience, to imprisonment for two years. III – Offences injurious to the public in general Chapter XIV Offences relating to religion
Section 127Verify source

Part

Chapter XIV

§ 128Insult to religion of any class ........................................................................................................................................ 39Provision

A person commits a misdemeanour if they destroy, damage, or defile a place of worship or sacred object with the intent to insult a religion, or knowing it is likely to be taken that way.

128. Insult to religion of any class Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, is guilty of a misdemeanour.
Section 128Verify source
§ 129Disturbing religious assemblies .................................................................................................................................... 39Provision

A person must not voluntarily disturb a lawful religious worship or ceremony assembly.

129. Disturbing religious assemblies Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony, is guilty of a misdemeanour.
Section 129Verify source
§ 130Trespassing on burial places .......................................................................................................................................... 39Provision

A person must not trespass in places of worship or burial, insult a corpse, or disturb funeral ceremonies when doing so to wound feelings or insult religion, or knowing that such harm is likely.

130. Trespassing on burial places Every person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of a misdemeanour.
Section 130Verify source
§ 131Uttering words with the intent to wound religious feelings .............................................................................. 39Offence

A person commits an offence if, intending to wound someone’s religious feelings, they say or make certain words, sounds, gestures, or place an object where the person can hear or see it.

131. Uttering words with the intent to wound religious feelings Any person who, with the deliberate intention of wounding the religious feelings of any person, utters any word, or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, is guilty of a misdemeanour and is liable to imprisonment for one year. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 39 Penal Code, 1930 (Chapter 87) Zambia Chapter XV Offences against morality
Section 131Verify source

Part

Chapter XV

§ 131ADefinition of child ........................................................................................................................................................... 40Interpretation

In this Part, “child” means a person below 16 years old.

131A. Definition of child In this Part "child" means a person below the age of sixteen years. [section 131A inserted by section 2 of Act 15 of 2005]
Section 131AVerify source
§ 132Definition of rape ............................................................................................................................................................... 40Interpretation

This section defines rape as unlawful carnal knowledge of a woman or girl without consent, or where consent was obtained by force, threats, intimidation, fear of bodily harm, false representations, or impersonating a husband in the case of a married woman.

132. Definition of rape Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of the felony termed "rape".
Section 132Verify source
§ 133Punishment of rape ........................................................................................................................................................... 40Substitution

A person convicted of rape faces at least 15 years’ imprisonment, and may receive life imprisonment.

133. Punishment of rape Any person who commits the offence of rape is liable, upon conviction, to imprisonment for a period of not less than fifteen years and may be liable to imprisonment for life. [As amended by No. 26 of 1933 and No. 20 of 1964] [section 133 substituted by section 2 of Act 2 of 2011]
Section 133Verify source
§ 134Attempted rape .................................................................................................................................................................... 40Amendment

Attempting to commit rape is a felony punishable by life imprisonment.

134. Attempted rape Any person who attempts to commit rape is guilty of a felony and is liable to imprisonment for life. [As amended by No. 26 of 1933]
Section 134Verify source
§ 135Abduction ............................................................................................................................................................................... 40Provision

A person commits abduction if, intending marriage or sexual intercourse, they take away or detain a woman against her will.

135. Abduction Any person who with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony and is liable to imprisonment for seven years.
Section 135Verify source
§ 136Abduction of children ....................................................................................................................................................... 40Substitution

A person must not unlawfully take a child from a parent’s or other lawful caregiver’s custody or protection against that person’s will.

136. Abduction of children Any person who unlawfully takes a child out of the custody or protection of the child's father, mother or other person having lawful care or charge of the child, and against the will of such father, mother or other person, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding ten years. [section 136 substituted by section 3 of Act 15 of 2005]
Section 136Verify source
§ 137Indecent assault .................................................................................................................................................................. 40Substitution

Indecent assault is a felony, with prison terms of 15 to 20 years for unlawful indecent assault, and 2 to 5 years for certain voyeuristic or indecent-intent conduct in non-public places.

137. Indecent assault (1) Any person who unlawfully and indecently assaults any child or other person commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty years. (2) It shall not be a defence to a charge of an indecent assault on a child to prove that the child consented to the act of indecency. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 40 Penal Code, 1930 (Chapter 87) Zambia (3) Any person who is found in any building or dwelling-house or in any verandah or passage attached thereto or in any yard, garden or other land adjacent to or within the cartilage of such building or dwelling-house not being a public place— (a) for the purpose of and from motives of indecent curiosity gazing at or observing any other person or child who may be therein while in a state of undress or semi-undress; or (b) with intent to annoy or indecently to assault any child or other person who may be therein; commits an offence and is liable, upon conviction, to imprisonment for a term of not less than two years and not exceeding five years [As amended by No. 26 of 1933] [section 137 substituted by section 3 of Act 15 of 2005]
Section 137Verify source
§ 137ASexual harassment .......................................................................................................................................................... 41Provision

A person must not practice sexual harassment on a child in a workplace, institution of learning, or elsewhere; doing so is a felony.

137A. Sexual harassment (1) Any person who practices sexual harassment in a work place, institution of learning or elsewhere on a child commits a felony and is liable, upon conviction, to imprisonment for a term of not less than three years and not exceeding fifteen years. (2) [subsection (2) deleted by section 3(a) of Act 2 of 2011] (2) In this section, sexual harassment means— (a) a seductive sexual advance being an unsolicited sexual comment, physical contact or other gesture of a sexual nature which one finds objectionable or offensive or which causes discomfort in one's studies or job and interferes with academic performance or work performance or a conducive working or study environment; (b) (c) (d) sexual bribery in the form of soliciting or attempting to solicit sexual activity by promise of reward; sexual threat or coercion which includes procuring or attempting to procure sexual activity by threat of violence or victimisation; or sexual imposition using forceful behaviour or assault in an attempt to gain physical sexual contact. [subsection (2), previously subsection (3), renumdered by section 3(b) of Act 2 of 2011] [section 137A inserted by section 4 of Act 15 of 2005]
Section 137AVerify source
§ 138Defilement of child ............................................................................................................................................................ 41Substitution

This section makes child defilement-related conduct a felony and sets prison terms, with a defence if the accused reasonably and actually believed the child was 16 or older.

138. Defilement of child (1) Any person who unlawfully and carnally knows any child commits a felony and is liable, upon conviction, to a term of imprisomnent of not less than fifteen years and may be liable to imprisonment for life; Provided that it shall be a defence for a person charged with an offence under this section to show that the person had reasonable cause to believe, and did in fact believe, that the child against whom the offence was committed was of, or above, the age of sixteen. [subsection (1) amended by section 4 of Act 2 of 2011] (2) Any person who attempts to have unlawful carnal knowledge of any child commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fourteen years and not exceeding twenty years. (3) Any person who prescribes the defilement of a child as a cure for an ailment commits a felony and is liable, upon conviction, to imprisomnent for a term of not less than fifteen years and may be liable to imprisomnent for life. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 41 Penal Code, 1930 (Chapter 87) Zambia (4) A child above the age of twelve years who commits an offence under subsection (1) or (2) is liable, to such community service or counselling as the court may determine, in the best interests of both children. [As amended by No. 26 of 1933 and No. 25 of 1941] [section 138 substituted by section 5 of Act 15 of 2005]
Section 138Verify source
§ 139Defilement of imbecile or person with mental illness ......................................................................................... 42Substitution

A person who knowingly has or tries to have unlawful carnal knowledge of a child or other person with mental illness or described as an imbecile, in circumstances not amounting to rape, commits a felony.

139. Defilement of imbecile or person with mental illness Any person who, knowing a child or other person to be an imbecile or person with a mental illness, has or attempts to have unlawful carnal knowledge of that child or other person in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the child or other person was an idiot or imbecile commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fourteen years and may be liable to imprisonment for life. [As amended by No. 26 of 1933] [section 139 substituted by section 5 of Act 15 of 2005]
Section 139Verify source
§ 140Procurring child or other person for prostitution, etc. ......................................................................................... 42Substitution

It is an offence for any person to procure or try to procure a girl, child, or other person for prostitution-related purposes or unlawful sexual conduct.

140. Procurring child or other person for prostitution, etc. Any person who— (a) procures or attempts to procure any girl or other person to have unlawful carnal knowledge either in Zambia or elsewhere, with any person or other persons for pornography, bestiality or any other purpose; (b) procures or attempts to procure any child or other person to become, either in Zambia or elsewhere, a common prostitute; (c) procures or attempts to procure any child or person to leave Zambia, with the intent that the child or person may become an inmate of or frequent a brothel elsewhere; or (d) procures or attempts to procure any child or person to leave that child's or other person's usual place of abode in Zambia with intent that the child or other person may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Zambia or elsewhere; commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life: Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused. [As amended by No. 26 of 1933 and No. 9 of 1954] [section 140 substituted by section 5 of Act 15 of 2005]
Section 140Verify source
§ 141Procurring defilement by threat or fraud or administering drugs .................................................................... 42Substitution

Any person who uses threat, fraud, or drugs to procure unlawful carnal knowledge of a child or other person commits a felony.

141. Procurring defilement by threat or fraud or administering drugs Any person who— (a) by threat or intimidation procures or attempts to procure any child or other person to have any unlawful carnal knowledge, either in Zambia or elsewhere; (b) by false pretence or false representation procures any child or other person to have any unlawful carnal knowledge, either in Zambia or elsewhere; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 42 Penal Code, 1930 (Chapter 87) Zambia (c) applies, administers to, or causes to be taken by any child or other person any drug, matter or thing, with intent to stupefy or overpower so as thereby to enable any third person to have unlawful carnal knowledge with such child or other person; commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life: Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused. [As amended by No. 9 of 1954] [section 141 substituted by section 5 of Act 15 of 2005]
Section 141Verify source
§ 142Householder, etc., permitting defilement of child on premises ........................................................................ 43Substitution

A person who owns, occupies, manages, or helps control premises must not let a child be on the premises for unlawful sexual purposes; doing so is a felony.

142. Householder, etc., permitting defilement of child on premises Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly permits any child to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any other person, whether such carnal knowledge is intended to be with any particular person or generally, commits a felony and is liable, upon conviction, to imprisomnent for a term of not less than twenty years and may be liable to imprisomnent for life. [section 142 substituted by section 5 of Act 15 of 2005]
Section 142Verify source
§ 143*** .............................................................................................................................................................................................. 43Repeal

Section 143 was substituted in 2005 and later repealed in 2011.

143. *** [section 143 substituted by section 5 of Act 15 of 2005 and repealed by section 5 of Act 2 of 2011]
Section 143Verify source
§ 144Detention with intent in premises or brothel ......................................................................................................... 43Substitution

It is a felony to detain a child or other person against their will in premises or a brothel for unlawful carnal knowledge, and it also covers withholding property or threatening proceedings to keep them there.

144. Detention with intent in premises or brothel (1) Any person who detains any child or other person against that child or other person's will— (a) in or upon any premises with intent that the child or other person may be unlawfully and carnally known by any third person, whether particularly or generally or for rituals or any other purpose; or (b) in any brothel; commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life. (2) When a child or person is in or upon any premises for the purposes of having any unlawful carnal knowledge or is in any brothel, another person shall be deemed to detain such a child or person in or upon such premises or in such brothel, if, with intent to compel or induce the child or person to remain in or upon such premises or in such brothel, such other person withholds from the child or person any wearing apparel or other property belonging to the child or person, or where wearing apparel has been lent or otherwise supplied to such child or person or by the directions of such person, such other person threatens such person with legal proceedings for taking away the wearing apparel so lent or supplied. (3) No legal proceedings, whether civil or criminal, shall be taken against any child or person for taking away or being found in possession of any such wearing apparel as was necessary to enable the child or person to leave such premises or brothel. [section 144 substituted by section 5 of Act 15 of 2005] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 43 Penal Code, 1930 (Chapter 87) Zambia
Section 144Verify source
§ 145Power of search .................................................................................................................................................................. 44Substitution

A magistrate may issue warrants to search for a child or person believed to be unlawfully detained for immoral purposes, take them to a place of safety, and bring the accused person before a magistrate.

145. Power of search (1) If it appears to any magistrate, on information made before the magistrate, on oath, by any parent, relative or guardian of any child or other person who, in the opinion of the magistrate, is acting bona fide in the interests of any child or other person, that there is reasonable cause to suspect that such child or other person is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such magistrate, such magistrate may issue a warrant authorising the person named therein to search for, and when found to take to and detain in a place of safety such child or person until the child or person can be brought before a magistrate. (2) The magistrate before whom the child or person is brought in accordance with subsection (1) may cause the child or person to be delivered up to the child's parents or guardians, or be otherwise dealt with as circumstances may permit and require. (3) A magistrate issuing a warrant under this section may, by the same or any other warrant, cause any person accused of so unlawfully detaining such child or person to be apprehended and brought before a magistrate and proceedings to be taken for punishing such person according to law. (4) A child or person shall be deemed to be unlawfully detained for immoral purposes if the child or person is so detained for the purpose of being unlawfully and carnally known by any other person, whether any particular third person or generally; and (a) in the case of the child whether the child consented to the detention or not; or (b) if the person is of, or above the age of, sixteen years and is so detained against the person's will or against the will of the person's father or mother or of any person having the lawful care or charge of that person. (5) Any person authorised by warrant under this section to search for any child or person so detained as aforesaid may enter if need be by force, any house, building or other place mentioned in the warrant, and may remove such child or person from there. [As amended by S.I. No. 63 of 1964] [section 145 substituted by section 5 of Act 15 of 2005]
Section 145Verify source
§ 146Person living on earnings of prostitution or persistently soliciting ................................................................. 44Substitution

A person who lives on the earnings of prostitution or persistently solicits or importunes in a public place for immoral purposes commits a felony.

146. Person living on earnings of prostitution or persistently soliciting (1) A person who— (a) knowingly lives wholly or in part on the earnings of prostitution; or (b) in any public place, persistently solicits or importunes for immoral purposes; commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fifteen years: Provided that a child who commits an offence under subsection is liable to such community service or counselling as the court may determine in the best interests of the child. (2) Where a person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that the person is aiding, abetting or compelling the prostitution with any other person, or generally, that person shall, unless the person shall satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution. [As amended by No. 26 of 1933] [section 146 substituted by section 5 of Act 15 of 2005] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 44 Penal Code, 1930 (Chapter 87) Zambia
Section 146Verify source
§ 147Person living on aiding, etc., prostitution of another for gain ........................................................................... 45Substitution

A person who lives on the earnings of another’s prostitution, or who controls or compels prostitution for gain, commits an offence and can be imprisoned. Compelling a child to become a prostitute carries a heavier penalty.

147. Person living on aiding, etc., prostitution of another for gain (1) Every person who knowingly lives wholly or in part on the earnings of the prostitution of another or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling that person's prostitution with any other person, or generally, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fifteen years. (2) Where a person compels a child to become a prostitute that person commits an offence and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life. [section 147 substituted by section 5 of Act 15 of 2005]
Section 147Verify source
§ 148Power of search .................................................................................................................................................................. 45Provision

A magistrate may issue a warrant allowing police officers to enter and search a house and arrest a person if sworn information creates suspicion about prostitution-related use of the house and the person’s control of or benefit from the prostitute’s earnings.

148. Power of search If it is made to appear to a magistrate, by information on oath, that there is reason to suspect that any house or any part of a house is used by a woman or girl for purposes of prostitution, and that any person residing in or frequenting the house is knowingly living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorising any police officer to enter and search the house and to arrest such person.
Section 148Verify source
§ 149Brothels .................................................................................................................................................................................. 45Substitution

Keeping a place for prostitution is a felony and can lead to 15 to 25 years' imprisonment on conviction.

149. Brothels Any person who keeps a house, room, set of rooms, or place of any kind whatsoever for purposes of prostitution commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty five years. [section 149 substituted by section 6 of Act 15 of 2005]
Section 149Verify source
§ 150Conspiracy to defile ........................................................................................................................................................... 45Substitution

Conspiring to use false pretence or fraud to get a person or child to allow unlawful carnal knowledge is a felony.

150. Conspiracy to defile Any person who conspires with another person to induce any person or child, by means of any false pretence or other fraudulent means, to permit any other person to have unlawful carnal knowledge of such person or child, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life. [As amended by No. 26 of 1933] [section 150 substituted by section 6 of Act 15 of 2005]
Section 150Verify source
§ 151Attempts to procure abortion ........................................................................................................................................ 45Substitution

Anyone who unlawfully tries to cause a miscarriage by poison, force, or other means commits a felony and may be imprisoned for up to seven years.

151. Attempts to procure abortion Any person who, with intent to procure the miscarriage of a woman or female child, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, commits a felony and is liable, upon conviction, to imprisonment for a term no exceeding seven years. [section 151 substituted by section 6 of Act 15 of 2005]
Section 151Verify source
§ 152Abortion by pregnant woman or female child ........................................................................................................ 45Substitution

Pregnant women who intentionally try to cause their own miscarriage by the listed acts commit a felony; pregnant female children commit an offence for the same conduct, with a special termination exception for rape or defilement.

152. Abortion by pregnant woman or female child (1) Every woman being pregnant who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used, commits a felony and is liable, upon conviction, to imprisonment for a term of fourteen years. (2) Any female child being pregnant who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing or uses any force of any kind commits an By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 45 Penal Code, 1930 (Chapter 87) Zambia offence and is liable to such community service or counselling as the court may determine, in the best interests of the child: Provided that where a female child is raped or defiled and becomes pregnant the pregnancy may be terminated in accordance with the Termination of Pregnancy Act. [Cap. 304] [section 152 substituted by section 6 of Act 15 of 2005]
Section 152Verify source
§ 153Supplying drugs or instruments to procure abortion ............................................................................................ 46Substitution

A person must not knowingly supply or procure anything intended to be used unlawfully to procure a miscarriage; doing so is a felony punishable by up to 14 years’ imprisonment.

153. Supplying drugs or instruments to procure abortion Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman or female child, whether she is or is not with child, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fourteen years. [section 153 substituted by section 6 of Act 15 of 2005]
Section 153Verify source
§ 154Knowledge of age of female immaterial ................................................................................................................... 46Offence

For offences involving a woman or girl under a specified age, the accused’s lack of knowledge of her age, or belief that she was older, does not matter unless another rule expressly says otherwise.

154. Knowledge of age of female immaterial Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman or girl under a specified age, that the accused person did not know that the woman or girl was under that age, or believed that she was not under that age.
Section 154Verify source
§ 155Unnatural offences ............................................................................................................................................................. 46Substitution

This section criminalizes certain acts of carnal knowledge, including against the order of nature, with an animal, or involving a child, and sets prison terms on conviction.

155. Unnatural offences Any person who— (a) as carnal knowledge of any person against the order of nature; or (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature; commits a felony and is liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life: Provided that where a person— (i) has carnal knowledge of a child against the order of nature; (ii) causes a child to have carnal knowledge of an animal; or (iii) permits a male person to have carnal knowledge of a male or female child against the order of nature; that person commits an offence and is liable, upon conviction, to imprisonment for not less than twenty- five years and may be liable to imprisonment for life. [As amended by No. 26 of 1933] [section 155 substituted by section 7 of Act 15 of 2005]
Section 155Verify source
§ 156Attempt to commit unnatural offences ...................................................................................................................... 46Substitution

Trying to commit the offences listed in section 155 is a felony and can lead to imprisonment of 7 to 14 years.

156. Attempt to commit unnatural offences Any person who attempts to commit any of the offences specified in section one hundred and fifty-five commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years but not exceeding fourteen years. [As amended by No. 26 of 1933] [section 156 substituted by section 8 of Act 15 of 2005] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 46 Penal Code, 1930 (Chapter 87) Zambia
Section 156Verify source
§ 157Harmful cultural practice ................................................................................................................................................. 47Substitution

A person must not conduct or cause a harmful cultural practice on a child; doing so is a felony with a prison sentence of at least 15 years and possibly life.

157. Harmful cultural practice (1) Any person who conducts or causes to be conducted a harmful cultural practice on a child commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life. (2) In this section "harmful cultural practice" includes sexual cleansing, female genital mutilation or an initiation ceremony that results in injury, the transmission of an infectious or life threatening disease or loss of life to a child but does not include circumcision on a male child. [As amended by No. 26 of 1933] [section 157 substituted by section 8 of Act 15 of 2005]
Section 157Verify source
§ 158Indecent practices between persons of the same sex .......................................................................................... 47Substitution

The section criminalizes gross indecency involving persons of the same sex and sets prison terms for adults; for a child, the court may order community service or counselling.

158. Indecent practices between persons of the same sex (1) Any male person who, whether in public or private, commits any act of gross indecency with a male child or person, or procures a male child or person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male child or person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years. (2) Any female person who, whether in public or private, commits any act of gross indecency with a female child or person, or procures a female child or person to commit any commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with herself or with another female child or person whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years. (3) A child who whether in public or private, commits any act of gross indecency with another child of the same sex or attempts to procure the commission of any such act by any person with the child's self or with another child or person of the same sex, whether in public or private commits an offence and is liable, to such community service or counselling as the court may determine in the best interests of the child. [As amended by No. 26 of 1933] [section 158 substituted by section 8 of Act 15 of 2005]
Section 158Verify source
§ 159Incest by males ................................................................................................................................................................... 47Substitution
159. Incest by males [heading amended by section 6(a) of Act 2 of 2011] (1) Any male person who has carnal knowledge of a female person who is to that person's knowledge his grand-mother, mother, sister, daughter, grand-daughter, aunt or niece commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life. (2) [subsection (2) deleted by section 6(b) of Act 2 of 2011] (2) For the purposes of this section, it is immaterial that the carnal knowledge was had with the consent of the other person. [subsection (2), previously subsection (3), renumbered by section 6(c) of Act 2 of 2011] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 47 Penal Code, 1930 (Chapter 87) Zambia (3) Any person who attempts to commit incest commits a felony and is liable to imprisonment for a term of not less than ten years and not exceeding twenty-five years. [subsection (3), previously subsection (4), renumbered by section 6(c) of Act 2 of 2011] [section 159 substituted by section 8 of Act 15 of 2005]
Section 159Verify source
§ 160Order for guardianship ..................................................................................................................................................... 48Substitution

After a conviction for the section 159 offence, or an attempt, against a child, the court may take away the offender’s authority over the child, remove a guardian offender, and appoint a new guardian.

160. Order for guardianship On the conviction before any court of any person of an offence under section one hundred and fifty-nine, or of an attempt to commit the same, against any child it shall be in the power of the court to divest the offender of all authority over such child, and, if the offender is the guardian of such chlld, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such child during the child's minority or any less period: Provided that the High Court may at any time vary or rescind the order by the appointment of any other person as such guardian or in any other respect. [section 160 substituted by section 8 of Act 15 of 2005]
Section 160Verify source
§ 161Incest by females ............................................................................................................................................................... 48Substitution
161. Incest by females Any female person of or above the age of sixteen years who with consent permits her grandfather, father, brother, uncle, nephew, son or grandson to have carnal knowledge of her knowing him to be her grandfather, father, brother, uncle, son, nephew, or grandson, as the case may be, commits a felony and liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life. [section 161 substituted by section 8 of Act 15 of 2005 and amended by section 7 of Act 2 of 2011]
Section 161Verify source
§ 162Test of relationship ............................................................................................................................................................ 48Amendment

This section expands the meanings of “brother” and “sister” for sections 159 and 161, and says those sections apply whether the relationship is through lawful wedlock or not.

162. Test of relationship In sections one hundred and fifty-nine and one hundred and sixty-one, "brother" and "sister", respectively, include half-brother, half-sister, step-brother, step-sister, adoptive brother and adoptive sister, and the provisions of the said sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock. [section 162 amended by section 9 of Act 15 of 2005]
Section 162Verify source
§ 163Conviction of incest lawful on charge of rape ........................................................................................................ 48Offence

The court may convict a defendant of a lesser or alternative sexual offence when the evidence does not prove the original charge, and the defendant can be punished accordingly.

163. Conviction of incest lawful on charge of rape (1) If, on the trial of any information for or charge of rape, the court is satisfied that the defendant is guilty of an offence under section one hundred and fifty-nine, but is not satisfied that the defendant is guilty of rape, the court may acquit the defendant of rape and find him guilty of an offence under section one hundred and fifty-nine, and he shall be liable to be punished accordingly. (2) Conviction of unlawful carnal knowledge on charge of incest If, on the trial of any information for or charge of an offence under section one hundred and fifty- nine, the court is satisfied that the defendant is guilty of an offence under section one hundred and thirty-eight or one hundred and thirty-nine, but is not satisfied that the defendant is guilty of an offence under section one hundred and fifty-nine, the court may acquit the defendant of an offence under section one hundred and fifty-nine and find him guilty of an offence under section one hundred and thirty-eight or one hundred and thirty-nine, and he shall be liable to be punished accordingly. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 48 Penal Code, 1930 (Chapter 87) Zambia
Section 163Verify source
§ 164Sanction of Director of Public Prosecutions ............................................................................................................. 49Commencement

A prosecution for an offence under section 159 or 161 cannot be started unless the Director of Public Prosecutions sanctions it.

164. Sanction of Director of Public Prosecutions No prosecution for an offence under section one hundred and fifty-nine or one hundred and sixty-one shall be commenced without the sanction of the Director of Public Prosecutions. [As amended by S.I. No. 152 of 1965]
Section 164Verify source
§ 164AProhibition of disclosure of information ................................................................................................................. 49Offence

A person must not disclose covered information without written consent, except in the course of duty.

164A. Prohibition of disclosure of information (1) A person shall not without the consent, in writing, given by or on behalf of a child or person publish or disclose to any person otherwise than in the course of duty, the contents of any documents, communication or information which relates to and which has come to that person's knowledge in the course of duty performed in relation to offences under this Part, including the handling, medical treatment or counselling of victims. (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine of not less than fifty thousand penalty units or to imprisonment for six months, or to both. [section 164A inserted by section 10 of Act 15 of 2005] Chapter XVI Offences relating to marriage and domestic obligations
Section 164AVerify source

Part

Chapter XVI

§ 165Fraudulent pretence of marriage .................................................................................................................................. 49Provision

Any person who fraudulently makes an unmarried woman believe she is lawfully married to him and then lives with or has sex with her in that belief commits a felony.

165. Fraudulent pretence of marriage Any person who wilfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, is guilty of a felony and is liable to imprisonment for ten years.
Section 165Verify source
§ 166Bigamy .................................................................................................................................................................................... 49Provision

A person who marries again while a husband or wife is still living commits bigamy and is liable to five years’ imprisonment, unless a court has already declared the marriage void or the former spouse was absent for seven years and not known to be alive.

166. Bigamy Any person who, having a husband or wife living, goes through a ceremony of marriage which is void by reason of its taking place during the life of such husband or wife, is guilty of a felony and is liable to imprisonment for five years: Provided that this section shall not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time.
Section 166Verify source
§ 167Marriage ceremony fraudulently gone through without lawful marriage ...................................................... 49Provision

A person who knowingly goes through a marriage ceremony dishonestly or fraudulently, while not lawfully married, commits a felony and can be imprisoned for five years.

167. Marriage ceremony fraudulently gone through without lawful marriage Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony and is liable to imprisonment for five years.
Section 167Verify source
§ 168Desertion of child .............................................................................................................................................................. 49Substitution

A parent, guardian, or other person caring for a child must not wilfully desert the child without lawful or reasonable cause and leave the child without support.

168. Desertion of child Any person who being the parent, guardian or other person having the lawful care or charge of a child being able to maintain such child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means of support commits an offence and is liable, upon conviction, for a first offence By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 49 Penal Code, 1930 (Chapter 87) Zambia to imprisonment for a term not exceeding three years, or for a subsequent offence to imprisonment for a term not exceeding seven years. [As amended by No. 20 of 1953] [section 168 substituted by section 11 of Act 15 of 2005]
Section 168Verify source
§ 169Neglecting to provide food etc. for children ............................................................................................................ 50Substitution

Parents, guardians, or persons in charge must not refuse or wilfully neglect to provide a child’s basic necessities when able to do so, if the child cannot provide for itself.

169. Neglecting to provide food etc. for children Any person who being the— (a) parent; (b) guardian; or (c) person in charge; of a child that is unable to provide for itself, refuses or wilfully neglects to provide, being able to do so, sufficient food, clothes, bedding or other necessities for such child, and thereby injures the health of such child, commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding three years or to both. [section 169 substituted by section 12 of Act 15 of 2005]
Section 169Verify source
§ 170Master not providing for servants or apprentices .................................................................................................. 50Provision

A master or mistress who must provide necessary food, clothing, or lodging for an apprentice or servant commits a misdemeanour if they refuse, neglect, or unlawfully harm the person.

170. Master not providing for servants or apprentices Any person who, being legally liable either as master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to such apprentice or servant so that the life of such apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of a misdemeanour.
Section 170Verify source
§ 171Child stealing ....................................................................................................................................................................... 50Amendment

Section 171 makes it a felony for a person, with intent to deprive a lawful carer of a child under 16, to take, entice away, detain, receive, or harbour the child; the penalty is 14 years’ imprisonment.

171. Child stealing (1) Any person who, with intent to deprive any parent, guardian or other person who has the lawful care or charge of a child under the age of sixteen years, of the possession of such child— (a) forcibly or fraudulently takes or entices away, or detains the child; or (b) receives or harbours the child, knowing it to have been so taken or enticed away or detained; is guilty of a felony and is liable to imprisonment for fourteen years. (2) It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be its father. [As amended by No. 20 of 1953 and Act No. 14 of 1981] Chapter XVII Nuisances and offences against health and convenience
Section 171Verify source

Part

Chapter XVII

§ 172Common nuisance .............................................................................................................................................................. 50Provision

A person who unlawfully acts or fails to perform a legal duty and causes public nuisance may commit a misdemeanour and be imprisoned for one year.

172. Common nuisance (1) Any person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury, or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights, commits the misdemeanour termed a "common nuisance" and is liable to imprisonment for one year. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 50 Penal Code, 1930 (Chapter 87) Zambia (2) It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.
Section 172Verify source

Part

part of the public may show that it is not a nuisance to any of the public.

§ 173Watching and besetting ................................................................................................................................................... 51Offence

It is an offence to watch, beset, intimidate, or otherwise interfere with another person’s lawful activities without legal authority.

173. Watching and besetting (1) Every person who, with a view to compelling any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority— (a) uses violence to or intimidates such other person or members of his household, or injures his property; or (b) persistently follows such other person about from place to place; or (c) hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof; or (d) follows such other person in a disorderly manner; is guilty of an offence. (2) Every person who, wrongfully and without legal authority, watches or besets— (a) any premises or the approaches to such premises with a view to preventing any other person from doing any act which such other person has a legal right to do thereat; or (b) the house or other place where any other person resides or works or carries on business, or happens to be, or the approaches to such house or place with a view to preventing such other person from doing or compelling him to do any act which such other person has a legal right to do or abstain from doing; is guilty of an offence. (3) Every person who is guilty of an offence under the provisions of this section is liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. [No. 60 of 1957 and Act No. 13 of 1994]
Section 173Verify source
§ 174Gaming houses .................................................................................................................................................................... 51Amendment

It is an offence to keep, run, or knowingly allow a house to be used as a common gaming house, and people found there may be presumed to be there for unlawful gaming.

174. Gaming houses (1) Any person being the owner or occupier, or having the use of, any house, room or place, who shall open, keep or use the same for the purpose of unlawful gaming being carried on therein, and any person who, being the owner or occupier of any house, room or place, shall knowingly and wilfully permit the same to be opened, kept or used by any other person for the purpose aforesaid, and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for the purpose aforesaid, is said to keep a common gaming house. (2) In this section, "unlawful gaming" means any game the chances of which are not alike favourable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet. (3) Any person who keeps a common gaming house is guilty of a misdemeanour. (4) Any person, other than the persons mentioned in subsection (1), who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming, and is guilty of a misdemeanour and is liable to a fine of one hundred and fifty penalty units for the first offence, and for each subsequent offence to a fine of six hundred penalty units or imprisonment for three months, or to both. [As amended by Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 51 Penal Code, 1930 (Chapter 87) Zambia
Section 174Verify source
§ 175Betting houses ..................................................................................................................................................................... 52Amendment

This section defines a common betting house and makes it an offence for an owner or occupier to knowingly let one be used as such, or for anyone to manage or help run one; the penalty is up to one year’s imprisonment.

175. Betting houses (1) Any house, room or place which is used for any of the purposes following, that is to say: (a) for the purpose of bets being made therein between persons resorting to the place and— (i) the owner, occupier, or keeper of the place, or any person using the place; or (ii) any person procured or employed by or acting for or on behalf of any such owner, occupier or keeper, or person using the place; or (iii) any person having the care or management, or in any manner conducting the business, of the place; or (b) for the purpose of any money or other property being paid or received therein by or on behalf of any such owner, occupier, or keeper, or person using the place, as, or for the consideration — (i) for an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise; or (ii) for securing the paying or giving by some other person of any money or other property on any such event or contingency; is called a common betting house. (2) Any person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept, or used as a common betting house by another person, or who has the use or management, or assists in conducting the business, of a common betting house, is guilty of a misdemeanour and is liable to imprisonment for one year: Provided that— (i) nothing herein contained shall make illegal the use of a totalisator by a race club, gymkhana club or sports club recognised by the Government, with the approval in each case of the Commissioner of Police. In this proviso, "totalisator" means and includes the instrument, machine or contrivance, commonly known as the totalisator and any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles; (ii) nothing in this section shall be deemed to prohibit any lottery lawfully promoted and conducted under the provisions of the Lotteries Act. [As amended by No. 15 of 1946 and Nos. 8 and 27 of 1957] [Cap. 163]
Section 175Verify source
§ 176Keeper of premises defined ............................................................................................................................................ 52Provision

A person who acts like the master or mistress of certain premises, or who has their care or management, is treated as the keeper, even if they are not the real keeper.

176. Keeper of premises defined Any person who appears, acts, or behaves as master or mistress, or as the person having the care or management of any such house, room, set of rooms, or place as is mentioned in sections one hundred and seventy-four and one hundred and seventy-five is to be taken to be the keeper thereof, whether he is or is not the real keeper.
Section 176Verify source
§ 177Obscene matters or things .............................................................................................................................................. 52Offence

People must not make, possess, import, distribute, advertise, or publicly show obscene matter or indecent performances that tend to corrupt morals.

177. Obscene matters or things (1) Any person who— (a) makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films or any other object tending to corrupt morals; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 52 Penal Code, 1930 (Chapter 87) Zambia (b) (c) imports, conveys or exports, or causes to be imported conveyed or exported, any such matters or things, or in any manner whatsoever puts any of them in circulation; or carries on or takes part in any business, whether public or private, concerned with any such matters or things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or exhibits any of them publicly, or makes a business of lending any of them; or (d) advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic in, any such matters or things, that a person is engaged in any of the acts referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly; or (e) publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals; is guilty of a misdemeanour and is liable to imprisonment for five years or to a fine of not less than fifteen thousand penalty units nor more than seventy-five thousand penalty units. (2) If, in respect of any of the offences specified in paragraph (a), (b), (c) or (d) of subsection (1), any constituent element thereof is committed in Zambia, such commission shall be sufficient to render the person accused of such offence triable therefor in Zambia. (3) A court, on convicting any person of an offence against this section, may order to be confiscated or destroyed any matter or thing made, possessed or used for the purpose of such offence. (4) Any court may, on the application of a public prosecutor, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under the provisions of this section in respect of such obscene matter or thing. (5) No prosecution for an offence under this section shall be instituted without the written consent of the Director of Public Prosecutions. [No. 61 of 1970 and Act No. 13 of 1994]
Section 177Verify source
§ 177AChild pornography ........................................................................................................................................................... 53Amendment

It is an offence for any person to involve a child in pornographic performance, production, or activity, or to sell/give pornographic material to a child, or to let a child watch pornography; conviction carries at least 15 years’ imprisonment and may lead to life imprisonment.

177A. Child pornography (1) Any person who engages a child or other person— (a) in a pornographic performance; (b) in the production of a pornographic film or other material; or (c) in a pornographic activity of any nature; commits an offence and is liable, upon conviction, to a term of imprisonment of not less than fifteen years and may be liable to imprisonment for life. (2) Any person who— (a) sells or gives to a child pornographic material; [paragraph (a) amended by section 8(a)(i) of Act 2 of 2011] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 53 Penal Code, 1930 (Chapter 87) Zambia (b) compels, invites or allows a child to watch a pornographic film or view pornography on the internet or elsewhere or in any form intended to corrupt a child's morals; [paragraph (b) amended by section 8(a)(ii) of Act 2 of 2011] commits an offence and is liable, upon conviction, to a term of imprisonment of not less than fifteen years. (3) [subsection (3) deleted by section 8(b) of Act 2 of 2011] [section 177A inserted by section 13 of Act 15 of 2005]
Section 177AVerify source
§ 178Idle and disorderly persons ............................................................................................................................................ 54Amendment

Certain public conduct is treated as making a person an idle and disorderly person, and can lead to one month’s imprisonment, a fine of up to 60 penalty units, or both.

178. Idle and disorderly persons The following persons: (a) every common prostitute behaving in a disorderly or indecent manner in any public place; (b) every person wandering or placing himself in any public place to beg or gather alms, or causing or procuring or encouraging any child or children so to do; (c) every person playing at any game of chance, not being an authorised lottery, for money or money's worth in any public place; (d) every person wandering abroad and endeavouring by the exposure of wounds or deformity to obtain or gather alms; (e) every person who, without lawful excuse, publicly does any indecent act; (f) every person who publicly conducts himself in a manner likely to cause a breach of the peace; and (g) every person who in any public place solicits for immoral purposes; are deemed idle and disorderly persons, and are liable to imprisonment for one month or to a fine not exceeding sixty penalty units or to both. [As amended by No. 15 of 1938; No. 26 of 1940; No. 29 of 1948 and Act No. 13 of 1994]
Section 178Verify source
§ 179Use of insulting language ............................................................................................................................................... 54Offence

A person must not use insulting language or act in a way likely to provoke someone into breaking the public peace or committing an offence against the person.

179. Use of insulting language Every person who uses insulting language or otherwise conducts himself in a manner likely to give such provocation to any person as to cause such person to break the public peace or to commit any offence against the person, is liable to imprisonment for three months or to a fine not exceeding four hundred and fifty penalty units or to both. [No. 15 of 1938 and Act No. 13 of 1994]
Section 179Verify source
§ 180Nuisances by drunken persons, etc. ............................................................................................................................ 54Offence

People found drunk and incapable in public places or licensed premises, or drunk in the listed risky situations, may be arrested without warrant and face penalties.

180. Nuisances by drunken persons, etc. (1) Every person found drunk and incapable in any highway or other public place, or on any premises licensed under the Liquor Licensing Act, may be arrested without warrant and is liable to a penalty not exceeding one hundred and fifty penalty units, and on a second conviction within a period of twelve months is liable to a penalty not exceeding three hundred penalty units, and on a third or subsequent conviction within the said period of twelve months is liable to a penalty not exceeding six hundred penalty units. (2) Every person who, in any highway or other public place or on any premises licensed under the Liquor Licensing Act, is guilty while drunk of riotous or disorderly behaviour or who is drunk while in charge on any highway or railway or other public place of any horse, cattle, steam engine, locomotive, wagon, van, carriage or any other vehicle, other than a motor vehicle, or who is drunk when in possession of any loaded firearms, may be arrested without warrant and is liable to a By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 54 Penal Code, 1930 (Chapter 87) Zambia penalty not exceeding seven hundred and fifty penalty units, or to imprisonment with or without hard labour for a period not exceeding three months. [No. 21 of 1958 and Act No. 13 of 1994] [Cap. 167]
Section 180Verify source
§ 181Rogues and vagabonds .................................................................................................................................................... 55Offence

Certain listed persons are deemed rogue and vagabonds, guilty of a misdemeanour, and liable to imprisonment.

181. Rogues and vagabonds The following persons: (a) every person convicted of an offence under section one hundred and seventy-eight after having been previously convicted as an idle and disorderly person: (b) every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; (c) every suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself; and (d) every person found wandering in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose; shall be deemed to be a rogue and vagabond, and are guilty of a misdemeanour and are liable for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year.
Section 181Verify source
§ 182Offences relating to official uniform ........................................................................................................................... 55Amendment

This section makes several kinds of unauthorized use, sale, import, or wearing of official uniforms and related insignia offences, and sets fines, imprisonment, and forfeiture.

182. Offences relating to official uniform (1) In this section, unless the context otherwise requires— "official uniform" means any uniform prescribed for or used by the Defence Force, the Zambia Police Force or any other force or service in Zambia, or such department of the Government as the President may, by statutory instrument, prescribe; "uniform" includes any distinctive part of such uniform. (2) Wearing of official uniform with intent to commit offence Any person who unlawfully wears any official uniform, or any dress bearing any of the distinctive marks of any such official uniform— (a) with intent to commit a felony is guilty of an offence and is liable upon conviction to imprisonment for a term not exceeding seven years; or (b) with intent to commit any offence other than a felony is guilty of an offence and is liable upon conviction to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both. (3) Unauthorised wearing of official uniform Any person who, without authority, wears an official uniform, or any dress having the appearance or distinctive marks of such official uniform, is guilty of an offence and is liable upon conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding two months, or to both. Provided that nothing in this section shall prevent any person from wearing any official uniform or dress in the course of a stage play performed in any place in which stage plays may lawfully and publicly be performed, or in the course of a music-hall or circus performance, or in the course of any bona fide military representation. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 55 Penal Code, 1930 (Chapter 87) Zambia (4) Unauthorised importation, manufacture or sale of official uniform, etc. Any person who, not being in the service of the Republic or having previously received the written permission of the President or other appropriate authority so to do, imports, manufacturers or sells or has in his possession for sale any official uniform is guilty of an offence and is liable upon conviction to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both. (5) Unauthorised wearing of badges, etc. Any person who wears or uses without authority any badge or insignia of office, decoration, medal or ribbon supplied to or authorised for use by any member of the Defence Force, the Zambia Police Force or any other force or service in Zambia, or of such department of the Government as is prescribed under subsection (1), is guilty of an offence and is liable upon conviction to a fine not exceeding seven hundred and fifty penalty units, or to imprisonment for a term not exceeding two months, or to both. (6) Bringing contempt on official uniform Any person who unlawfully wears any official uniform, or any dress having the appearance of or bearing any of the distinctive marks of any such official uniform, in such manner or in such circumstances as to be likely to bring contempt on that uniform or dress is guilty of an offence and is liable upon conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding two months, or to both such fine and imprisonment. (7) Forfeiture of official uniform, etc. Any uniform, dress, button, badge or other thing which is the subject of an offence under this section is liable to forfeiture, unless the President otherwise directs. [As amended by Federal Act No. 23 of 1955; G.N. No. 303 of 1964; S.I. No. 63 of 1964; Act No. 2 of 1987 and No. 13 of 1994]
Section 182Verify source
§ 183Negligent act likely to spread infection .................................................................................................................... 56Provision

A person who unlawfully or negligently does an act likely to spread a dangerous disease can be guilty of a misdemeanour.

183. Negligent act likely to spread infection Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour.
Section 183Verify source
§ 184Adulteration of food or drink intended for sale ...................................................................................................... 56Provision

A person must not adulterate food or drink in a way that makes it noxious if they intend to sell it, or know it is likely to be sold.

184. Adulteration of food or drink intended for sale Any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanour.
Section 184Verify source
§ 185Sale of noxious food or drink ........................................................................................................................................ 56Provision

A person must not sell, offer, or expose for sale as food or drink any article that is noxious or unfit for food or drink, if they know or have reason to believe it is noxious.

185. Sale of noxious food or drink Any person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, is guilty of a misdemeanour.
Section 185Verify source
§ 186Adulteration of drugs ........................................................................................................................................................ 56Provision

Adulterating a drug or medical preparation in the specified harmful way, for medicinal sale or use, is a misdemeanour.

186. Adulteration of drugs Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, is guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 56 Penal Code, 1930 (Chapter 87) Zambia
Section 186Verify source
§ 187Sale of adulterated drugs ................................................................................................................................................ 57Provision

A person who knows a drug or medical preparation has been adulterated must not sell it, offer it for sale, issue it as unadulterated, or cause it to be used medicinally by someone unaware of the adulteration.

187. Sale of adulterated drugs Any person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, is guilty of a misdemeanour.
Section 187Verify source
§ 188Fouling water ....................................................................................................................................................................... 57Provision

A person must not voluntarily foul or corrupt water in a public spring or reservoir so that it becomes less fit for its ordinary use.

188. Fouling water Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour.
Section 188Verify source
§ 189Fouling air ............................................................................................................................................................................. 57Provision

A person who voluntarily fouls the air so that it becomes harmful to people nearby commits a misdemeanour.

189. Fouling air Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, is guilty of a misdemeanour.
Section 189Verify source
§ 190Offensive trades .................................................................................................................................................................. 57Provision

Any person who makes loud noises or offensive or unwholesome smells in a way that annoys a considerable number of people can be punished as for a common nuisance.

190. Offensive trades Any person who, for the purposes of trade or otherwise, makes loud noises or offensive or unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights, commits and is liable to be punished as for a common nuisance. Chapter XVIII Defamation
Section 190Verify source

Part

Chapter XVIII

§ 191Libel ......................................................................................................................................................................................... 57Provision

A person commits libel by unlawfully publishing defamatory matter about someone else with intent to defame.

191. Libel Any person who, by print, writing, painting, effigy, or by any means otherwise than solely by gestures, spoken words, or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed "libel".
Section 191Verify source
§ 192Definition of defamatory matter ................................................................................................................................... 57Amendment

This section defines defamatory matter and says prosecution for defamatory matter about a dead person needs the Director of Public Prosecutions’ consent.

192. Definition of defamatory matter Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation. It is immaterial whether at the time of the publication of the defamatory matter the person concerning whom such matter is published is living or dead: Provided that no prosecution for the publication of defamatory matter concerning a dead person shall be instituted without the consent of the Director of Public Prosecutions. [As amended by S.I. No. 63 of 1964]
Section 192Verify source
§ 193Definition of publication .................................................................................................................................................. 57Interpretation

This section defines when a person publishes a libel.

193. Definition of publication (1) A person publishes a libel if he causes the print, writing, painting, effigy or other means by which the defamatory matter is conveyed, to be dealt with, either by exhibition, reading, recitation, description, delivery, or otherwise, so that the defamatory meaning thereof becomes known or is likely to become known to either the person defamed or any other person. (2) It is not necessary for libel that a defamatory meaning should be directly or completely expressed; and it suffices if such meaning and its application to the person alleged to be defamed can be collected either from the alleged libel itself or from any extrinsic circumstances, or partly by the one and partly by the other means. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 57 Penal Code, 1930 (Chapter 87) Zambia
Section 193Verify source
§ 194Definition of unlawful publication ............................................................................................................................... 58Interpretation

Publishing defamatory matter about a person is unlawful unless the matter is true and publication is for the public benefit, or the publication is privileged under later grounds in the Chapter.

194. Definition of unlawful publication Any publication of defamatory matter concerning a person is unlawful within the meaning of this Chapter, unless— (a) the matter is true and it was for the public benefit that it should be published; or (b) it is privileged on one of the grounds hereafter mentioned in this Chapter.
Section 194Verify source
§ 195Cases in which publication of defamatory matter is absolutely privileged ................................................... 58Amendment

Defamatory matter is absolutely privileged in the listed cases, so no one is liable to punishment under this Code for it in those cases.

195. Cases in which publication of defamatory matter is absolutely privileged (1) The publication of defamatory matter is absolutely privileged, and no person shall, under any circumstances, be liable to punishment under this Code in respect thereof, in any of the following cases, namely: (a) (b) (c) (d) if the matter is published by the President, or by the Cabinet or the National Assembly in any official document or proceeding; or if the matter is published in the Cabinet or the National Assembly by a Minister or by any member of the National Assembly; or if the matter is published concerning a person subject to military or naval discipline for the time being, and relates to his conduct as a person subject to such discipline, and is published by some person having authority over him in respect of such conduct, and to some person having authority over him in respect of such conduct; or if the matter is published in the course of any judicial proceedings by a person taking part therein as a Judge or magistrate or commissioner or counsel or solicitor or assessor or witness or party thereto; or (e) if the matter published is in fact a fair report of anything said, done, or published in the Cabinet or the National Assembly; or (f) if the person publishing the matter is legally bound to publish it. (2) Where a publication is absolutely privileged, it is immaterial for the purposes of this Chapter whether the matter be true or false, and whether it be or be not known or believed to be false, and whether it be or be not published in good faith: Provided that nothing in this section shall exempt a person from any liability to punishment under any other Chapter of this Code or under any other Act or Statute in force within Zambia. [As amended by No. 26 of 1940 and G.N. No. 303 of 1964]
Section 195Verify source
§ 196Cases in which publication of defamatory matter is conditionally privileged ............................................. 58Provision

Defamatory matter may be published with conditional privilege if the publication is made in good faith and stays within what is reasonably sufficient for the occasion.

196. Cases in which publication of defamatory matter is conditionally privileged A publication of defamatory matter is privileged, on condition that it was published in good faith, if the relation between the parties by and to whom the publication is made is such that the person publishing the matter is under some legal, moral or social duty to publish it to the person to whom the publication is made or has a legitimate personal interest in so publishing it, provided that the publication does not exceed either in extent or matter what is reasonably sufficient for the occasion, and in any of the following cases, namely: (a) if the matter published is in fact a fair report of anything said, done, or shown in a civil or criminal inquiry or proceedings before any court: Provided that if the court prohibits the publication of anything said or shown before it, on the ground that it is seditious, immoral, or blasphemous, the publication thereof shall not be privileged; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 58 Penal Code, 1930 (Chapter 87) Zambia (b) (c) (d) (e) (f) (g) (h) if the matter published is a copy or reproduction, or in fact a fair abstract, of any matter which has been previously published, and the previous publication of which was or would have been privileged under the last preceding section; or if the matter is an expression of opinion, in good faith as to the conduct of a person in a judicial, official, or other public capacity, or as to his personal character so far as it appears in such conduct; or if the matter is an expression of opinion in good faith as to the conduct of a person in relation to any public question or matter, or as to his personal character so far as it appears in such conduct; or if the matter is an expression of opinion in good faith as to the conduct of any person as disclosed by evidence given in a public legal proceeding, whether civil or criminal, or as to the conduct of any person as a party, witness, or otherwise in any such proceeding, or as to the character of any person so far as it appears in any such conduct as in this paragraph mentioned; or if the matter is an expression of opinion in good faith as to the merits of any book, writing, painting, speech, or other work, performance, or act published, or publicly done or made, or submitted by a person to the judgment of the public, or as to the character of the person so far as it appears therein; or if the matter is a censure passed by a person in good faith on the conduct of another person in any matter in respect of which he has authority, by contract or otherwise, over the other person, or on the character of the other person, so far as it appears in such conduct; or if the matter is a complaint or accusation made by a person in good faith against another person in respect of his conduct in any matter, or in respect of his character so far as it appears in such conduct, to any person having authority, by contract or otherwise, over that other person in respect of such conduct or matter, or having authority by law to inquire into or receive complaints respecting such conduct or matter; or (i) if the matter is published in good faith for the protection of the rights or interests of the person who publishes it, or of the person to whom it is published, or of some person in whom the person to whom it is published is interested.
Section 196Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Criminal Procedure Code

    Sections 13, 30

G–M

1 instrument

  • Lotteries Act

    Section 175

N–S

3 instruments

  • Offenders Act

    Section 41

  • Petroleum Act

    Section 4

  • Pregnancy Act

    Section 152

T–Z

2 instruments

  • Zambia have jurisdiction throughout Zambia for purposes of this Code

    Section 5

  • Zambia may be tried and punished under this Code

    Section 6

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  • 26 Dec 2023 · currentEnglish

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