Penal Code, 1930

A publication of defamatory matter is not treated as made in good faith if any listed condition is shown.

If the accused proves the defamatory matter was published in circumstances that would have been justified in good faith, the publication is presumed to have been made in good faith unless the contrary is shown.

A person who causes another person’s death by an unlawful act or omission commits the felony of manslaughter.

A person commits murder if, with malice aforethought, they unlawfully cause another person's death by an act or omission.

A person convicted of murder must be sentenced to life imprisonment unless extenuating circumstances apply; the court must consider a community-standard test when deciding that question.

A person who commits manslaughter is liable to life imprisonment.

A woman who kills her child under 12 months by a wilful act or omission, while her mind is disturbed after childbirth or from lactation, commits infanticide rather than murder.

Malice aforethought is treated as established if evidence proves one or more listed circumstances.

A person who unlawfully kills another in the heat of passion caused by sudden provocation, before passion has time to cool, is guilty of manslaughter only.

This section defines “provocation” for assault cases and says lawful acts are not provocation.

This section says a person can be treated as having caused another person's death in several specified situations, even if the act was not the immediate or only cause.

A child is treated as a person capable of being killed once it has completely come out of the mother alive.

A person is not treated as having killed another unless the death occurs within a year and a day of the cause of death.

A person who has charge of someone unable to leave that care and unable to provide for themselves must provide the necessaries of life.

A head of a family who has charge of a child under 14 in the household must provide the child with the necessaries of life.

Masters or mistresses who have agreed to provide food, clothing, or lodging for a servant or apprentice under 16 must provide those necessities.

People who perform medical treatment or other dangerous lawful acts must use reasonable skill and care, unless it is a case of necessity.

A person in control of a dangerous thing must use reasonable care and precautions to avoid danger.

A person commits a felony if they unlawfully try to cause another person's death, or intentionally do an act or fail to do a duty they are required to do, where that conduct is likely to endanger human life.

A person serving a prison sentence of three years or more who attempts murder is liable to life imprisonment.

A person who becomes an accessory after the fact to murder commits a felony and may be imprisoned for seven years.

A person who knowingly causes someone to receive a writing threatening to kill another person commits a felony.

Conspiring with another person to kill anyone is a felony and can lead to 14 years’ imprisonment.

A person must not conceal the birth of a child by secretly disposing of the child’s dead body.

It is a felony for any person, with intent to destroy the life of a child capable of being born alive, to wilfully cause that child to die before it has an existence independent of its mother.

A person who uses choking, suffocation, or strangling methods to make someone unable to resist, with the required intent, commits a felony and can be imprisoned for life.

A person who administers or tries to administer a stupefying or overpowering drug or thing to someone, with the required criminal intent, commits a felony.

A person who acts with intent to cause grievous harm or to stop a lawful arrest or detention commits a felony and can be imprisoned for life.

A person must not unlawfully prevent or obstruct rescue efforts for people on a distressed or wrecked vessel, or efforts to save the life of someone in that situation.

A person must not intentionally do acts that endanger railway users or railway safety, or that could derail railway stock; breaches are felonies.

A person must not enter, remain on, or be found on railway reserve without lawful authority or excuse. A police divisional commander may authorise paths across the reserve, and Zambia Railways must signpost authorised paths.

A person must not, with intent to injure or endanger someone travelling in a motor vehicle, shoot, throw, or otherwise cause contact with anything against that person or vehicle.

A person who unlawfully causes grievous harm to another commits a felony and may be imprisoned for seven years.

Putting an explosive substance in any place, unlawfully and with intent to harm another, is a felony and can lead to 14 years’ imprisonment.

A person who unlawfully administers poison or a noxious thing to someone else, intending to injure or annoy them, and causes danger to life or grievous harm, commits a felony.

Any person who unlawfully wounds another, or unlawfully poisons someone with intent to injure or annoy, commits a felony and can be imprisoned for three years.

A person responsible for providing another person’s necessaries of life must not fail to do so without lawful excuse if that failure could endanger life or permanently injure health.

A person is not criminally responsible for a surgical operation if it is done in good faith, with reasonable care and skill, and the operation is reasonable in the circumstances.

A person allowed by law or by the injured person’s consent to use force is criminally responsible for any excess.

A person's consent to their own death or maiming does not remove the criminal responsibility of the person who causes it.

Any person who recklessly or negligently does the listed acts, and thereby endangers human life or likely harms another person, commits a misdemeanour.

A person must not unlawfully do an act, or fail to do a duty-bound act, if that causes harm to someone.

A person who deals with a poisonous substance in a rash or negligent way that endangers life or risks hurt, or who fails to take enough care with one in their possession, commits a misdemeanour and can be jailed for six months or fined up to 3,000 penalty units.

A person commits a misdemeanour if, by an unlawful act or omission not covered by section 226, they endanger the safety of someone travelling by railway.

A person must not put up a false light, mark, or buoy if they intend or know it is likely to mislead a navigator.

A person must not knowingly or negligently carry, or arrange to carry, anyone for hire by water in a vessel that is unsafe or overloaded enough to be unsafe.

A person must not do anything, without lawful cause or reasonable excuse, that is intended to obstruct or impede navigation by any vessel on navigable waters.

A person who causes danger, obstruction, or injury in a public way or public line of navigation by an act or by failing to take reasonable care with property may be fined.

Entering an aerodrome, or causing/permitting an animal to trespass on one, is a misdemeanour unless the entry offender proves lack of knowledge or reasonable cause.

It is an offence for any person, without lawful cause or reasonable excuse, to do any act intended to obstruct a road or runway.

A person who unlawfully assaults another commits a misdemeanour and may be imprisoned for one year unless a greater punishment applies under the Code.

A person who commits assault occasioning actual bodily harm commits a misdemeanour and may be imprisoned for five years.

A person who assaults or batters a child causing actual bodily harm commits an offence and may be imprisoned for 5 to 10 years if convicted.

It is an offence to assault, strike, or wound certain authorised people protecting vessels or wrecked goods, and the offender may be imprisoned for seven years.

A person who assaults someone in the listed circumstances commits a misdemeanour and can be imprisoned for five years.

A person kidnaps someone from Zambia if they convey that person beyond Zambia without the required consent.

A person kidnaps from lawful guardianship if they take or entice a protected minor or a person of unsound mind away from the lawful guardian without the guardian’s consent.

A person abducts another person if they use force or deceitful means to make that person go from any place.

Kidnapping a person from Zambia or from lawful guardianship is a felony punishable by seven years’ imprisonment.

A person who kidnaps or abducts someone with intent to secretly and wrongfully confine them commits a felony and can be imprisoned for seven years.

Kidnapping or abducting a person for grievous harm, slavery, or similar sexual exploitation is a felony punishable by 10 years’ imprisonment.

A person who knows someone has been kidnapped or abducted and wrongfully conceals or confines that person commits a felony.

Anyone who kidnaps or abducts a child under 14 with intent to dishonestly take movable property from the child commits a felony.

Wrongfully confining any person is a misdemeanour and can lead to up to one year in prison or a fine of up to 6,000 penalty units.

It is a felony to buy, sell, import, export, remove, dispose of, accept, receive, or detain a person as a slave.

Habitual dealing in slaves is a felony punishable by up to ten years’ imprisonment.

A person must not unlawfully force another person to labour against that person's will.

This section says what kinds of property and animals can be stolen.

This section defines theft and when taking or converting property is treated as fraudulent.

Some actions are not treated as theft in these special cases.

If someone receives money, valuable security, or a power of attorney with instructions for how it must be used or paid out, the money and proceeds are treated as belonging to the original giver until the instructions are followed.

If someone receives property to sell or dispose of it, the sale proceeds and exchange items are treated as the original owner’s property until handled as agreed, unless the agreement creates only a debtor-creditor relationship.

Money received on behalf of another person is treated as that other person’s property unless it is received under a debtor-creditor account arrangement.

A person can still commit theft even if they have an ownership interest, lease, or corporate role connected to the thing taken or converted.

A person who induces either spouse to deal with the other spouse’s property, in circumstances that would amount to theft if they were not married, is treated as having stolen it and may be charged with theft.

Stealing anything capable of being stolen is theft and can lead to up to five years’ imprisonment, unless another punishment applies.

Stealing a testamentary instrument can lead to imprisonment for 10 years, even if the testator is alive or dead.

Stealing postal matter, or valuable items inside postal matter, is punishable by up to ten years’ imprisonment.

Section 275 was repealed.

Stealing copper cathodes, copper bars, cobalt, lead, zinc, or vanadium can lead to imprisonment of up to 15 years, and the court must order forfeiture of related property in certain cases.

The section says theft becomes especially serious if it involves certain locations or methods, and the offender is liable to seven years’ imprisonment.

A person employed in public service who steals specified government-related property, or property received through employment, is liable to imprisonment for 15 years.

A clerk or servant who steals property belonging to the employer, or property received because of the employer, is liable to imprisonment for seven years.

A director or officer who steals company property is liable to imprisonment for seven years.

If someone steals certain property or proceeds received or held in a fiduciary or agency-like capacity, they may be imprisoned for seven years.

A tenant or lodger who steals a fixture or chattel let with a house or lodging, where the item is worth more than 150 fee units, may be imprisoned for 7 years.

Stealing a motor vehicle triggers imprisonment, with longer minimum terms for repeat offences, and conviction can also require forfeiture of property used in or derived from the offence.

Police may stop, search, arrest, and seize vehicles linked to suspected stolen motor vehicles, and detained people or vehicles must be taken to a police station and then brought before court within 48 hours.

Section 282 was repealed.

This section defines “stock” and “produce” for this Chapter.

Stealing the listed animals, their young, or produce is an offence, with imprisonment on conviction.

A person who helps another person steal stock or produce commits an offence and may be punished as if they had stolen it.

A person must not possess stock or produce that they know, or should reasonably suspect, is stolen. Doing so is an offence and can lead to imprisonment.

A person must not, for trade, make or accept delivery at night of any produce or stock except pig.

A person must not conceal or remove certain legally kept registers, or copies of them, if doing so with intent to defraud.

A person who intentionally conceals a testamentary instrument to defraud commits a felony and can be imprisoned for 10 years.

A person must not, with intent to defraud, conceal all or part of a document proving title to land or an estate in land.

A person who kills an animal that can be stolen, intending to steal its skin or carcass (or part of it), commits an offence.

A person commits an offence if they make something movable with intent to steal it.

A mortgagor must not remove or dispose of mortgaged goods without the mortgagee’s consent and with intent to defraud; doing so is a misdemeanour.

It is an offence to take, conceal, or otherwise dispose of ore, metal, or mineral with intent to defraud; the penalty is imprisonment for up to 15 years.

It is an offence for any person to fraudulently deal with a motor vehicle, including handling a stolen vehicle dishonestly. A convicted person may be fined, imprisoned for five years, or both, and the court must order forfeiture of property used for or derived from the offence.

It is an offence for any person to fraudulently take or divert another person’s power for their own use or someone else’s use.

It is an offence for any person, without right, to take or convert certain animals, vehicles, cycles, or vessels; the offence is a misdemeanour punishable by up to six months’ imprisonment, a fine of up to 1,500 penalty units, or both.

Robbery occurs when a person steals and uses or threatens actual violence around the time of the theft; conviction brings a 14-year prison term.

A person who assaults someone with intent to steal commits a felony and can be sentenced to seven years’ imprisonment.

A person commits aggravated robbery if armed or acting with others, steals something, and uses or threatens violence around the theft. The offence carries life imprisonment, with a minimum sentence of 15 years; subsection (2) states life imprisonment in certain firearm and grievous-harm cases unless specified exceptions apply.

A person who assaults someone while armed, or with another person present, and with intent to steal commits a felony and can be jailed for 10 to 20 years.

A person who sends or causes someone to receive a written threat demanding something, with intent to extort or gain and without reasonable cause, commits a felony.

Using threats or accusations to extort or gain something from someone is a felony.

A person who, with intent to defraud, uses violence, threats, accusations, or similar pressure to make someone execute or alter a valuable security commits a felony and can be imprisoned for 14 years.

Anyone who demands a valuable thing from another person by menaces or force, intending to steal it, commits a felony and can be imprisoned for five years.

This section says when a person is legally treated as breaking a building, entering a building, or both.

A person who breaks into a dwelling house with intent to commit a felony, or breaks out after entering or offending inside, commits housebreaking; if done at night, it is burglary.

Entering a dwelling house or other building with intent to commit a felony is a felony, with a maximum prison term of 5 years, or 7 years if committed at night.

A person who breaks into certain non-dwelling buildings and commits a felony, or who breaks out after committing a felony there, commits a felony and may be imprisoned for seven years.

Breaking into certain buildings with intent to commit a felony is a felony and can lead to five years’ imprisonment.

A person who is found in the listed armed, disguised, or concealed-presence circumstances with intent to commit a felony commits a felony and may be imprisoned for 3 years, or 7 years if previously convicted of a property-related felony.

Criminal trespass covers unlawful entry onto another person’s property, or unlawfully staying after lawful entry, when done with the required intent.

If someone is convicted of an offence under this Chapter, the court must order forfeiture of any dangerous or offensive weapon or housebreaking instrument used in connection with the offence.

A statement is a false pretence if it is made by words, writing, or conduct, concerns fact or law, is false, and the maker knows it is false or does not believe it is true.

A person who, by false pretence and with intent to defraud, gets or causes delivery of something capable of being stolen commits a misdemeanour.

A person must not dishonestly obtain a pecuniary advantage by false pretence; doing so is a misdemeanour punishable by five years’ imprisonment.

A person who uses false pretences to cause another person to deal with a valuable security, or to sign or seal paper for later use as one, commits a misdemeanour.

This section defines when an intent to deceive exists.

A person commits cheating if they use a fraudulent trick or device to get stolen property, or to make someone hand over more money or goods than they otherwise would have.

A person commits a misdemeanour if they get credit by false pretence or fraud, or if they deal with property to defraud creditors.

It is a misdemeanour to conspire with another by deceit or fraud to affect market prices, defraud the public or any person, or extort property.

A seller, mortgagor, or their solicitor/agent must not fraudulently hide or falsify title-related information when inducing a purchaser or mortgagee to accept the title.

A person who, for gain or reward, tells fortunes or uses claimed occult knowledge to find stolen or lost things commits a misdemeanour.

A person who knowingly uses false pretences to get, or try to get, a registration, licence, or certificate under any Act commits a misdemeanour.

Anyone who knowingly makes a false statement to obtain a passport commits a misdemeanour.

A person who receives or keeps property knowing it was stolen or unlawfully obtained commits an offence and can be punished with imprisonment or the same punishment as the original offender.

A person charged with possessing or conveying property suspected to be stolen or unlawfully obtained must satisfy the court about how they got it, or they commit a misdemeanour.

A person commits an offence if, without lawful excuse, they receive or possess property stolen or obtained outside Zambia while knowing or having reason to believe it was stolen or unlawfully obtained.

A person must not possess or dispose of diamonds or emeralds unless the Chief Mining Engineer gives written permission.

If a court finds a person guilty of an offence under section 321, the diamonds or emeralds involved must be forfeited to the state.

A trustee who destroys trust property or uses it in an unauthorized way with intent to defraud commits a felony and can be imprisoned for seven years.

Directors, officers, or members of a corporation or company must not fraudulently take, hide, alter, or falsify company property or records.

Company promoters, directors, officers, and auditors must not knowingly make or publish materially false written statements or accounts with intent to deceive or induce others.

Clerks or servants must not fraudulently destroy, alter, falsify, make false entries in, or omit material particulars from their employer’s books or records.

A public officer responsible for public revenue or property must not knowingly give a false statement or return about money or property under their care or control.

Anyone who wilfully and unlawfully sets fire to certain property commits a felony and faces at least 10 years’ imprisonment, with possible life imprisonment.

A person who unlawfully tries to set fire to the listed property, or wilfully and unlawfully sets fire to something likely to spread fire to it, commits a felony.

It is a felony for any person to wilfully and unlawfully set fire to certain cultivated crops, hay or grass under cultivation, or standing trees, saplings, or shrubs, and the penalty is up to 14 years’ imprisonment.

A person commits a felony if they unlawfully attempt to set fire to the listed crops-related things, or wilfully and unlawfully set fire to something likely to cause them to catch fire.

It is an offence for any person to wilfully and unlawfully damage or endanger a vessel, or interfere with navigation lights or signals, and the penalty is life imprisonment.

A person who unlawfully tries to cast away or destroy a vessel, or do something that would immediately cause its loss or destruction while it is in distress, commits a felony.

A person must not wilfully and unlawfully kill, maim, or wound an animal capable of being stolen.

This section makes it an offence to wilfully and unlawfully destroy or damage property, with higher penalties for serious damage and for destroying certain specified property.

A person who unlawfully and with intent to destroy or damage property uses explosive substance in any place commits a felony and can be imprisoned for 14 years.

A person who wilfully and unlawfully causes, helps cause, or tries to cause an infectious disease to spread to or among animals capable of being stolen commits a felony and can be imprisoned for seven years.

A person must not wilfully and unlawfully, with intent to defraud, remove or deface boundary marks or objects lawfully placed to indicate land boundaries.

Anyone who wilfully damages certain survey, boundary, or mining-related marks, or who fails to repair a boundary mark when obliged to do so, commits a misdemeanour.

A person must not commit nuisance or trespass on railway land or obstruct railway officers, assistants, or workmen doing railway construction or maintenance work.

A person who knowingly sends or passes on a written threat to burn or destroy property, or to kill, maim, or wound cattle, commits a felony and can be imprisoned for ten years.

This section defines several terms used in the Division, including aerodrome, aircraft, computer, necessary service, railway, road, sanitation service, sewage, traffic signal, traffic sign, and vandalise.

The High Court may try offences under this Division.

Section 26(2) of the Penal Code does not apply to this Division.

A person who vandalises property essential or incidental to a necessary service commits a felony.

It is an offence for any person to vandalise certain religious, burial, educational, community, or related property.

Vandalising a computer or computerised system is a felony and can lead to imprisonment.

Vandalising any traffic sign or traffic signal is a felony and can lead to imprisonment of 10 to 25 years, or life if the vandalism causes a death.

A person must not vandalise navigation lights, beacons, buoys, marks, or other signs or signals used for waterway navigation.

If an institution commits an offence with an officer’s consent, connivance, or neglect, both the officer and the institution are guilty, and the institution can be fined.

A person who tries to commit an offence under this Division commits a felony and, if convicted, can be imprisoned for eight years.

Anyone who helps or encourages an offence under this Division commits a felony and faces the same penalties as the offence itself.

A person must not threaten to vandalise any property, unless section 341 provides otherwise.

An offence under this Division is a cognizable offence.

If someone is convicted under this Division, the Court must order forfeiture of connected property or related implements/vehicles, without compensation.

Forgery means making a false document with intent to defraud or deceive.

This section says that, for this Division, “document” does not include a trade mark or other sign used with articles of commerce, even if written or printed.

This section defines when a person makes a false document.

This provision defines intent to deceive as inducing someone to believe something false is true, or something true is false, and leading that person to act or omit an act.

The provision says intent to defraud is presumed when a false document was made and there was a person who could be defrauded by it.

This section defines “currency notes” for this Chapter as notes that are legal tender in the country where they are issued.

A person who forges a document commits an offence and, unless another punishment applies, may be imprisoned for three years.

Forging the listed documents or payment instruments is punishable by life imprisonment, and the court may also order the document forfeited.

A person who forges a judicial or official document is liable to seven years’ imprisonment.

It is an offence for any person to forge certain government revenue or accounting stamps, handle related dies or instruments, or alter such stamps/materials in the listed ways; the penalty is up to seven years’ imprisonment.

It is an offence for any person, without lawful authority or excuse, to make, use, possess, or work with paper or implements linked to forgery; the penalty is imprisonment for seven years.

A person who knowingly and fraudulently utters a false document commits an offence and faces the same punishment as if they had forged it.

A person who knowingly presents a revoked, cancelled, suspended, or otherwise expired document as if it were still valid commits an offence and is punished as if the document had been forged.

A person who gets someone to sign or execute a document by false and fraudulent statements about it commits an offence and faces the same punishment as for forgery.

A person who intends to defraud must not change the crossing on a cheque or knowingly pass a crossed cheque whose crossing has been altered.

A person who, with intent to defraud or deceive, makes, signs, executes, or knowingly utters certain documents without lawful authority is guilty of a felony.

A person commits an offence if they knowingly get property or money paid or delivered through probate or letters of administration based on a forged testamentary instrument or on false evidence.

A person must not buy, receive, or possess a forged bank note or currency note while knowing it is forged, unless they have lawful authority or excuse.

A public-service employee must not knowingly and with intent to defraud issue or deliver a warrant for the wrong amount.

A person who has custody of an officially kept register or record must not knowingly allow a false entry to be made in it.

A person must not sign or send a false marriage certificate, or a document falsely purporting to be one, to someone authorised to register marriages.

A person who knowingly makes a false statement to get it entered in a births, deaths, or marriages register commits a felony and can be imprisoned for three years.

This section defines “counterfeit coin” and “current” for the Chapter.

Making or starting to make counterfeit coin is a felony and can lead to life imprisonment.

A person who prepares metal or counterfeit-coin equipment, or deals in counterfeit coin without lawful authority, commits a felony and can be imprisoned for life.

A person must not reduce the weight of current coin with intent that it pass as current coin; doing so is a felony punishable by up to seven years’ imprisonment.

A person must not melt down, break up, deface, or use as anything other than currency any silver coin currently in Zambia.

A person must not unlawfully possess or dispose of specified gold or silver clippings or related forms if they know the items were obtained by reducing the weight of current gold or silver coin.

A person must not utter counterfeit coin while knowing it is counterfeit.