Penal Code, 1930
Part 2 of 3 · provisions 201–400
This section gives the Act its short title: it may be cited as the Penal Code and called "this Code."
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 42 of 1930
- Version
- 26 Dec 2023
- Language
- en
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About this statute
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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Provisions of Penal Code, 1930
Showing 200 of 446
Part
Chapter XVIII
- 197 Verify source ↗
Explanation as to good faith .......................................................................................................................................... 59
A publication of defamatory matter is not treated as made in good faith if any listed condition is shown.
197. Explanation as to good faith A publication of defamatory matter shall not be deemed to have been made in good faith by a person, within the meaning of the last preceding section, if it is made to appear either— (a) that the matter was untrue, and that he did not believe it to be true; or (b) (c) that the matter was untrue, and that he published it without having taken reasonable care to ascertain whether it was true or false; or that, in publishing the matter, he acted with intent to injure the person defamed in a substantially greater degree or substantially otherwise than was reasonably necessary for the interest of the public or for the protection of the private right or interest in respect of which he claims to be privileged. - 198 Verify source ↗
Presumption as to good faith ........................................................................................................................................ 59
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.
198. Presumption as to good faith If it is proved, on behalf of the accused person, that the defamatory matter was published under such circumstances that the publication would have been justified if made in good faith, the publication shall be presumed to have been made in good faith until the contrary is made to appear, either from the libel itself, or from the evidence given on behalf of the accused person, or from evidence given on the part of the prosecution. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 59 Penal Code, 1930 (Chapter 87) Zambia IV – Offences against the person Chapter XIX Murder and manslaughter
Part
Chapter XIX
- 199 Verify source ↗
Manslaughter ........................................................................................................................................................................ 60
A person who causes another person’s death by an unlawful act or omission commits the felony of manslaughter.
199. Manslaughter Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed "man-slaughter". An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm. - 200 Verify source ↗
Murder ..................................................................................................................................................................................... 60
A person commits murder if, with malice aforethought, they unlawfully cause another person's death by an act or omission.
200. Murder Any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder. - 201 Verify source ↗
Punishment for murder .................................................................................................................................................... 60
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.
201. Punishment for murder (1) A person convicted of murder shall be sentenced to life imprisonment or, where there are extenuating circumstances, a sentence other than life imprisonment. [subsection (1) substituted by section 14(a) of Act 23 of 2022] (2) An extenuating circumstance referred to under subsection (1) shall not apply to murder committed in the course of aggravated robbery with a firearm under section 294.; [subsection (2) inserted by section 14(b) of Act 23 of 2022] (3) For the purpose of this section— (a) an extenuating circumstance is any fact associated with the offence which would diminish morally the degree of the convicted person's guilt; (b) in deciding whether or not there are extenuating circumstances, the court shall consider the standard of behaviour of an ordinary person of a class of the community to which the convicted person belongs. [As amended by Act No. 3 of 1990] [subsection (3), previously subsection (2), renumbered by section 14(c) of Act 23 of 2022] - 202 Verify source ↗
Punishment of manslaughter ......................................................................................................................................... 60
A person who commits manslaughter is liable to life imprisonment.
202. Punishment of manslaughter Any person who commits the felony of manslaughter is liable to imprisonment for life. - 203 Verify source ↗
Infanticide .............................................................................................................................................................................. 60
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.
203. Infanticide Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child. [No. 26 of 1940] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 60 Penal Code, 1930 (Chapter 87) Zambia - 204 Verify source ↗
Malice aforethought .......................................................................................................................................................... 61
Malice aforethought is treated as established if evidence proves one or more listed circumstances.
204. Malice aforethought Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances: (a) an intention to cause the death of or to do grievous harm to any person, whether such person is the person actually killed or not; (b) knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether such person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused; (c) an intent to commit a felony; (d) an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony. - 205 Verify source ↗
Killing on provocation ...................................................................................................................................................... 61
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.
205. Killing on provocation (1) When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion, caused by sudden provocation as hereinafter defined, and before there is time for his passion to cool, he is guilty of manslaughter only. (2) The provisions of this section shall not apply unless the court is satisfied that the act which causes death bears a reasonable relationship to the provocation. [As amended by No. 28 of 1952] - 206 Verify source ↗
Provocation defined ........................................................................................................................................................... 61
This section defines “provocation” for assault cases and says lawful acts are not provocation.
206. Provocation defined (1) The term "provocation" means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done or offered to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial, or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to assult the person by whom the act or insult is done or offered. For the purposes of this section, "an ordinary person" shall mean an ordinary person of the community to which the accused belongs. (2) When such an act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give the latter provocation for an assault. (3) A lawful act is not provocation to any person for an assault. (4) An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault. (5) An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality. [As amended by No. 26 of 1933 and No. 26 of 1940] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 61 Penal Code, 1930 (Chapter 87) Zambia - 207 Verify source ↗
Causing death defined ...................................................................................................................................................... 62
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.
207. Causing death defined A person is deemed to have caused the death of another person although his act is not the immediate or sole cause of death in any of the following cases: (a) (b) (c) (d) (e) If he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death. In this case it is immaterial whether the treatment was proper or mistaken, if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill; If he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living; If by actual or threatened violence he causes that other person to perform an act which causes the death of that person, such act being a means of avoiding such violence which in the circumstances would appear natural to the person whose death is so caused; If by any act or omission he hastens the death of a person suffering under any disease or injury which apart from such act or omission would have caused death; If his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of other persons. - 208 Verify source ↗
When child deemed to be a person ............................................................................................................................ 62
A child is treated as a person capable of being killed once it has completely come out of the mother alive.
208. When child deemed to be a person A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not. - 209 Verify source ↗
Limitation as to time of death ...................................................................................................................................... 62
A person is not treated as having killed another unless the death occurs within a year and a day of the cause of death.
209. Limitation as to time of death (1) A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death. (2) Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done. (3) When the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased. (4) When the cause of death is in part an unlawful act, and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later. Chapter XX Duties relating to the preservation of life and health
Part
Chapter XX
- 210 Verify source ↗
Responsibility of person who has charge of another ............................................................................................ 62
A person who has charge of someone unable to leave that care and unable to provide for themselves must provide the necessaries of life.
210. Responsibility of person who has charge of another It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 62 Penal Code, 1930 (Chapter 87) Zambia consequences which adversely affect the life or health of the other person by reason of any omission to perform that duty. - 211 Verify source ↗
Duty of head of family ..................................................................................................................................................... 63
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.
211. Duty of head of family It is the duty of every person who, as head of a family, has charge of a child under the age of fourteen years, being a member of his household, to provide the necessaries of life for such child; and he shall be deemed to have caused any consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not. - 212 Verify source ↗
Duty of masters and mistresses .................................................................................................................................... 63
Masters or mistresses who have agreed to provide food, clothing, or lodging for a servant or apprentice under 16 must provide those necessities.
212. Duty of masters and mistresses It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of sixteen years to provide the same; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty. - 213 Verify source ↗
Duty of persons doing dangerous acts ....................................................................................................................... 63
People who perform medical treatment or other dangerous lawful acts must use reasonable skill and care, unless it is a case of necessity.
213. Duty of persons doing dangerous acts It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty. - 214 Verify source ↗
Duty of persons in charge of dangerous things ...................................................................................................... 63
A person in control of a dangerous thing must use reasonable care and precautions to avoid danger.
214. Duty of persons in charge of dangerous things It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationery, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty. Chapter XXI Offences connected with murder
Part
Chapter XXI
- 215 Verify source ↗
Attempt to murder ............................................................................................................................................................. 63
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.
215. Attempt to murder Any person who— (a) attempts unlawfully to cause the death of another; or (b) with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life; is guilty of a felony and is liable to imprisonment for life. - 216 Verify source ↗
Attempt to murder by convict ....................................................................................................................................... 63
A person serving a prison sentence of three years or more who attempts murder is liable to life imprisonment.
216. Attempt to murder by convict Any person who, being under sentence of imprisonment for three years or more, attempts to commit murder, is liable to imprisonment for life. [As amended by No. 26 of 1933] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 63 Penal Code, 1930 (Chapter 87) Zambia - 217 Verify source ↗
Accessory after the fact to murder ............................................................................................................................... 64
A person who becomes an accessory after the fact to murder commits a felony and may be imprisoned for seven years.
217. Accessory after the fact to murder Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for seven years. - 218 Verify source ↗
Written threat to murder ................................................................................................................................................. 64
A person who knowingly causes someone to receive a writing threatening to kill another person commits a felony.
218. Written threat to murder Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening to kill any person, is guilty of a felony and is liable to imprisonment for seven years. - 219 Verify source ↗
Conspiracy to murder ........................................................................................................................................................ 64
Conspiring with another person to kill anyone is a felony and can lead to 14 years’ imprisonment.
219. Conspiracy to murder Any person who conspires with any other person to kill any person, whether such person is in Zambia or elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years. - 220 Verify source ↗
Concealing the birth of children .................................................................................................................................. 64
A person must not conceal the birth of a child by secretly disposing of the child’s dead body.
220. Concealing the birth of children Any person who, when a woman is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at, or after its birth, is guilty of a misdemeanour. - 221 Verify source ↗
Child destruction ................................................................................................................................................................ 64
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.
221. Child destruction (1) Subject as hereinafter in this subsection provided, any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother, is guilty of felony, to wit, of child destruction, and is liable on conviction thereof to imprisonment for life: Provided that no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother. (2) For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive. [No. 28 of 1931] Chapter XXII Offences endangering life or health
Part
Chapter XXII
- 222 Verify source ↗
Disabling with intent to commit felony or misdemeanor ................................................................................... 64
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.
222. Disabling with intent to commit felony or misdemeanor Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanor, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanor, renders or attempts to render any person incapable of resistance, is guilty of a felony and is liable to imprisonment for life. [As amended by No. 26 of 1933] - 223 Verify source ↗
Stupefying with intent to commit felony or misdemeanor ................................................................................. 64
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.
223. Stupefying with intent to commit felony or misdemeanor Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanor, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanor, administers or attempts to administer any stupefying or overpowering drug or thing to any person, is guilty of a felony and is liable to imprisonment for life. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 64 Penal Code, 1930 (Chapter 87) Zambia - 224 Verify source ↗
Acts intended to cause grievous harm or prevent arrest ..................................................................................... 65
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.
224. Acts intended to cause grievous harm or prevent arrest Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person— (a) unlawfully wounds or does any grievous harm to any person by any means whatever; or (b) unlawfully attempts in any manner to strike any person with any kind of projectile or with a spear, sword, knife, or other dangerous or offensive weapon; or (c) unlawfully causes any explosive substance to explode; or (d) sends or delivers any explosive substance or other dangerous or noxious thing to any person; or (e) causes any such substance or thing to be taken or received by any person; or (f) puts any corrosive fluid or any destructive or explosive substance in any place; or (g) unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person; is guilty of a felony and is liable to imprisonment for life. - 225 Verify source ↗
Preventing escape from wreck ...................................................................................................................................... 65
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.
225. Preventing escape from wreck Any person who unlawfully— (a) prevents or obstructs any person who is on board of, or is escaping from a vessel which is in distress or wrecked, in his endeavours to save his life; or (b) obstructs any person in his endeavours to save the life of any person so situated; is guilty of a felony and is liable to imprisonment for life. - 226 Verify source ↗
Acts endangering railways and persons travelling thereon ................................................................................ 65
A person must not intentionally do acts that endanger railway users or railway safety, or that could derail railway stock; breaches are felonies.
226. Acts endangering railways and persons travelling thereon (1) Any person who, with intent either to injure or endanger the safety of any person travelling by any railway, whether a particular person or not, or to affect or endanger the free and safe use of any railway or who, with intent to derail or cause to be derailed any railway engine, tender, wagon or carriage— (a) places anything on such railway; or (b) interferes with such railway or with anything whatsoever upon or near such railway; or (c) (d) shoots or throws anything at, into or upon, or causes anything to come into contact with, any person or thing on such railway; or shows any light or signal or in any way deals with any existing light or signal upon or near such railway; or (e) wilfully fails to do any act which it is his duty to do; is guilty of a felony and is liable to imprisonment for life. (2) Subject to the provisions of the Juveniles Act, where a person has been convicted of an offence under subsection (1) and his intent was to derail or cause to be derailed any railway engine, tender, wagon or carriage, he shall be sentenced to not less than five years' imprisonment. [Cap. 53] [No. 34 of 1960] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 65 Penal Code, 1930 (Chapter 87) Zambia - 227 Verify source ↗
Trespass on railway ............................................................................................................................................................ 66
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.
227. Trespass on railway (1) Any person who, save with the express authority of the Zambia Railways or with some other lawful authority or lawful excuse, enters or remains or is found upon any portion of the railway reserve is guilty of a misdemeanour and is liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (2) Any person guilty of an offence under the provisions of subsection (1) who was, at the time such offence was committed, in possession without lawful excuse of any article or implement capable of being used to destroy, damage or dismantle any railway line or part thereof or any railway engine or rolling stock using such railway line, is guilty of a felony and is liable to imprisonment for a period not exceeding fourteen years. (3) Without prejudice to any other defence which may be open to him, a person shall be deemed to have lawful authority for the purposes of this section if he proves— (a) that he was on a public way or an authorised path; or (b) that he was on a portion of the railway reserve upon which members of the public are admitted for the purposes of the Zambia Railways. (4) A Divisional Commander of Police may, in his discretion and after consultation with the Zambia Railways, authorise such paths across the railway reserve as he deems necessary for the passage of persons across such reserve, and any path so authorised— (a) (b) shall be entered in a register kept or caused to be kept by the Divisional Commander of Police concerned; and shall be signposted by the Zambia Railways in such manner as the Minister responsible for power, transport and works may from time to time, by statutory notice, prescribe. (5) In any proceedings under the provisions of this section— (a) the onus of proving that any person had express or other authority or had lawful excuse shall lie upon such person; and (b) every railway line, other than the Zambesi Sawmills Railway Line, over which goods and passengers are carried for fee or reward shall be presumed to be owned by the Zambia Railways unless the contrary is proved; and (c) any document purporting to be an extract or copy of any entry in a register kept under the provisions of subsection (4) and to be certified under the hand of a police officer of or above the rank of Sub-Inspector shall be received in evidence as to the matters stated therein. (6) For the purposes of this section— "authorised path" means a path entered in any register kept under the provisions of subsection (4); "railway reserve" means the strip of land along any railway line owned by the Zambia Railways extending— (a) where the said line consists of a single track, for a distance of one hundred feet outwards from each rail; and (b) where the said line consists of two or more tracks, for a distance of one hundred feet outwards from the outermost rail on each side of such tracks; and including all the land between the outermost rails. [No. 34 of 1960 as amended by G.N. No. 493 of 1964 and No. 24 of 1977] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 66 Penal Code, 1930 (Chapter 87) Zambia - 228 Verify source ↗
Acts endangering the safety of persons travelling in motor vehicles ............................................................. 67
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.
228. Acts endangering the safety of persons travelling in motor vehicles Any person who, with intent either to injure or to endanger the safety of any person travelling in any motor vehicle as defined in the Roads and Road Traffic Act, shoots or throws anything at, into or upon or causes anything to come into contact with any such person or any such vehicle, is guilty of a felony and is liable to imprisonment for life. [No. 26 of 1961] [Cap. 464] - 229 Verify source ↗
Grievous harm ...................................................................................................................................................................... 67
A person who unlawfully causes grievous harm to another commits a felony and may be imprisoned for seven years.
229. Grievous harm Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for seven years. - 230 Verify source ↗
Attempting to injure by explosive substances ......................................................................................................... 67
Putting an explosive substance in any place, unlawfully and with intent to harm another, is a felony and can lead to 14 years’ imprisonment.
230. Attempting to injure by explosive substances Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years. - 231 Verify source ↗
Maliciously administering poison with intent to harm ........................................................................................ 67
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.
231. Maliciously administering poison with intent to harm Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him some grievous harm, is guilty of a felony and is liable to imprisonment for fourteen years. - 232 Verify source ↗
Unlawful wounding on poisoning ................................................................................................................................ 67
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.
232. Unlawful wounding on poisoning Any person who— (a) unlawfully wounds another; or (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person; is guilty of a felony and is liable to imprisonment for three years. - 233 Verify source ↗
Failure to supply necessaries ......................................................................................................................................... 67
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.
233. Failure to supply necessaries Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered, or his health is or is likely to be permanently injured, is guilty of a felony and is liable to imprisonment for three years. - 234 Verify source ↗
Responsibility as to surgical operation ...................................................................................................................... 67
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.
234. Responsibility as to surgical operation A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable, having regard to the patient's state at the time, and to all the circumstances of the case. - 235 Verify source ↗
Criminal responsibility ...................................................................................................................................................... 67
A person allowed by law or by the injured person’s consent to use force is criminally responsible for any excess.
235. Criminal responsibility Any person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 67 Penal Code, 1930 (Chapter 87) Zambia - 236 Verify source ↗
Exception ............................................................................................................................................................................... 68
A person's consent to their own death or maiming does not remove the criminal responsibility of the person who causes it.
236. Exception Notwithstanding anything contained in section two hundred and thirty-five, consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom such death or maim is caused. Chapter XXIII Criminal recklessness and negligence
Part
Chapter XXIII
- 237 Verify source ↗
Reckless and negligent acts ........................................................................................................................................... 68
Any person who recklessly or negligently does the listed acts, and thereby endangers human life or likely harms another person, commits a misdemeanour.
237. Reckless and negligent acts Any person who in a manner so rash or negligent as to en-danger human life or to be likely to cause harm to any other person— (a) drives any vehicle or rides on any public way; or (b) navigates, or takes part in the navigation or working of any vessel; or (c) does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession; or (d) omits to take precautions against any probable danger from any animal in his possession; or (e) gives medical or surgical treatment to any person whom he has undertaken to treat; or (f) dispenses, supplies, sells, administers, or gives away any medicine or poisonous or dangerous matter; or (g) does any act with respect to, or omits to take proper precautions against any probable danger from any machinery of which he is solely or partly in charge; is guilty of a misdemeanour. [As amended by No. 45 of 1969] - 238 Verify source ↗
Unlawful acts causing harm ........................................................................................................................................... 68
A person must not unlawfully do an act, or fail to do a duty-bound act, if that causes harm to someone.
238. Unlawful acts causing harm Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified in the preceding section, by which act or omission harm is caused to any person, is guilty of a misdemeanour and is liable to imprisonment for six months. - 239 Verify source ↗
Dealing with poisonous substances in negligent manner .................................................................................. 68
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.
239. Dealing with poisonous substances in negligent manner Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units. [No. 26 of 1940 and Act No. 13 of 1994] - 240 Verify source ↗
Endangering safety of persons travelling by railway ............................................................................................ 68
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.
240. Endangering safety of persons travelling by railway Any person who, by any unlawful act or omission not specified in section two hundred and twenty-six, causes the safety of any person travelling by any railway to be endangered, is guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 68 Penal Code, 1930 (Chapter 87) Zambia - 241 Verify source ↗
Exhibition of false light, mark or buoy ...................................................................................................................... 69
A person must not put up a false light, mark, or buoy if they intend or know it is likely to mislead a navigator.
241. Exhibition of false light, mark or buoy Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, is liable to imprisonment for seven years. - 242 Verify source ↗
Conveying person by water for hire in unsafe or overloaded vessel ............................................................... 69
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.
242. Conveying person by water for hire in unsafe or overloaded vessel Any person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of a misdemeanour. - 243 Verify source ↗
Obstruction of waterways ............................................................................................................................................... 69
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.
243. Obstruction of waterways (1) Any person who, without lawful cause or reasonable excuse, does any act with intent to obstruct or impede the navigation by any vessel of any waters capable of being used for navigation is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years. (2) For the purposes of this section, "vessel" includes any canoe, boat, ship or raft. [No. 18 of 1962] - 244 Verify source ↗
Danger or obstruction in public way or line of navigation ................................................................................. 69
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.
244. Danger or obstruction in public way or line of navigation Any person who, by doing any act, or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, is liable to a fine. - 245 Verify source ↗
Trespass on aerodromes .................................................................................................................................................. 69
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.
245. Trespass on aerodromes (1) Any person who enters upon an aerodrome is guilty of a misdemeanour unless such person proves— (a) that he did not know that the land on which he entered was an aerodrome; or (b) that he had reasonable cause for being on such aerodrome. (2) Any person who, being in charge of an animal, causes or permits such animal to trespass on an aerodrome is guilty of a misdemeanour. (3) A misdemeanour under this section is punishable with imprisonment for a period not exceeding one month or with a fine not exceeding seven hundred and fifty penalty units, or both. (4) For the purposes of this section, "aerodrome" includes an airport, landing ground, or other place normally used by aircraft for landing and taking off. [No. 28 of 1949 and Act No. 13 of 1994] - 246 Verify source ↗
Obstruction of roads or runways .................................................................................................................................. 69
It is an offence for any person, without lawful cause or reasonable excuse, to do any act intended to obstruct a road or runway.
246. Obstruction of roads or runways (1) Any person who, without lawful cause or reasonable excuse, does any act with intent to obstruct, whether partially or otherwise, any road or runway is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years. (2) For the purposes of this section— "road" shall have the meaning assigned to it by section two of the Roads and Road Traffic Act; [Cap. 464] "runway" includes any landing ground or other place ordinarily used by aircraft for landing or taking off. [No. 18 of 1962] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 69 Penal Code, 1930 (Chapter 87) Zambia Chapter XXIV Assaults
Part
Chapter XXIV
- 247 Verify source ↗
Common assault .................................................................................................................................................................. 70
A person who unlawfully assaults another commits a misdemeanour and may be imprisoned for one year unless a greater punishment applies under the Code.
247. Common assault Any person who unlawfully assaults another is guilty of a misdemeanour and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for one year. - 248 Verify source ↗
Assaults occasioning actual bodily harm .................................................................................................................. 70
A person who commits assault occasioning actual bodily harm commits a misdemeanour and may be imprisoned for five years.
248. Assaults occasioning actual bodily harm Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and is liable to imprisonment for five years. - 248A Verify source ↗
Assault or battering of child ....................................................................................................................................... 70
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.
248A. Assault or battering of child Any person who commits an assault or battery on a child occasioning actual bodily harm commits an offence and is liable, upon conviction, to a term of imprisonment of not less than five years and not exceeding ten years. [section 248A inserted by section 14 of Act 15 of 2005] - 249 Verify source ↗
Assaults on persons protecting wrecks ...................................................................................................................... 70
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.
249. Assaults on persons protecting wrecks Any person who assaults and strikes or wounds any magistrate, officer, or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded, or cast on shore, or lying under water, is guilty of a felony and is liable to imprisonment for seven years. - 250 Verify source ↗
Assaults punishable with five years' imprisonment ............................................................................................... 70
A person who assaults someone in the listed circumstances commits a misdemeanour and can be imprisoned for five years.
250. Assaults punishable with five years' imprisonment Any person who— (a) assaults any person with intent to commit a felony or to resist or prevent the lawful apprehensive or detainer of himself or of any other person for any offence; or (b) assaults, resists, or wilfully obstructs any police officer in the due execution of his duty, or any person acting in aid of such officer; or (c) assaults any person in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or respecting any trade, business, or manufacture or respecting any person concerned or employed therein; or (d) assaults, resists, or obstructs any person engaged in lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under such process or distress; or (e) assaults any person on account of any act done by him in the execution of any duty imposed on him by law; is guilty of a misdemeanour and is liable to imprisonment for five years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 70 Penal Code, 1930 (Chapter 87) Zambia Chapter XXV Offences against liberty
Part
Chapter XXV
- 251 Verify source ↗
Definition of kidnapping from Zambia ....................................................................................................................... 71
A person kidnaps someone from Zambia if they convey that person beyond Zambia without the required consent.
251. Definition of kidnapping from Zambia Any person who conveys any person beyond the limits of Zambia without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Zambia. - 252 Verify source ↗
Definition of kidnapping from lawful guardianship .............................................................................................. 71
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.
252. Definition of kidnapping from lawful guardianship Any person who takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. - 253 Verify source ↗
Definition of abduction .................................................................................................................................................... 71
A person abducts another person if they use force or deceitful means to make that person go from any place.
253. Definition of abduction Any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. - 254 Verify source ↗
Punishment for kidnapping ............................................................................................................................................. 71
Kidnapping a person from Zambia or from lawful guardianship is a felony punishable by seven years’ imprisonment.
254. Punishment for kidnapping Any person who kidnaps any person from Zambia or from lawful guardianship, is guilty of a felony and is liable to imprisonment for seven years. - 255 Verify source ↗
Kidnapping or abducting in order to murder ........................................................................................................... 71
255. Kidnapping or abducting in order to murder Any person who kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, is guilty of a felony and is liable to imprisonment for ten years. - 256 Verify source ↗
Kidnapping or abducting with intent to confine person ...................................................................................... 71
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.
256. Kidnapping or abducting with intent to confine person Any person who kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, is guilty of a felony and is liable to imprisonment for seven years. - 257 Verify source ↗
Kidnapping or abducting in order to subject person to grievous harm, slavery, etc. .................................. 71
Kidnapping or abducting a person for grievous harm, slavery, or similar sexual exploitation is a felony punishable by 10 years’ imprisonment.
257. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc. Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony and is liable to imprisonment for ten years. - 258 Verify source ↗
Wrongfully concealing or keeping in confinement kidnapped or abducted person .................................... 71
A person who knows someone has been kidnapped or abducted and wrongfully conceals or confines that person commits a felony.
258. Wrongfully concealing or keeping in confinement kidnapped or abducted person Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, is guilty of a felony and shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains such person in confinement. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 71 Penal Code, 1930 (Chapter 87) Zambia - 259 Verify source ↗
Kidnapping or abducting child under fourteen with intent to steal from its person ................................. 72
Anyone who kidnaps or abducts a child under 14 with intent to dishonestly take movable property from the child commits a felony.
259. Kidnapping or abducting child under fourteen with intent to steal from its person Any person who kidnaps or abducts any child under the age of fourteen years with the intention of taking dishonestly any movable property from the person of such child, is guilty of a felony and is liable to imprisonment for seven years. - 260 Verify source ↗
Punishment for wrongful confinement ....................................................................................................................... 72
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.
260. Punishment for wrongful confinement Whoever wrongfully confines any person is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine not exceeding six thousand penalty units. [No. 26 of 1940 and Act No. 13 of 1994] - 261 Verify source ↗
Buying or disposing of any person as a slave ......................................................................................................... 72
It is a felony to buy, sell, import, export, remove, dispose of, accept, receive, or detain a person as a slave.
261. Buying or disposing of any person as a slave Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony and is liable to imprisonment for seven years. - 262 Verify source ↗
Habitual dealing in slaves .............................................................................................................................................. 72
Habitual dealing in slaves is a felony punishable by up to ten years’ imprisonment.
262. Habitual dealing in slaves Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony and is liable to imprisonment for ten years. - 263 Verify source ↗
Unlawful compulsory labour .......................................................................................................................................... 72
A person must not unlawfully force another person to labour against that person's will.
263. Unlawful compulsory labour Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. V – Offences relating to property Chapter XXVI Theft
Part
Chapter XXVI
- 264 Verify source ↗
Things capable of being stolen .................................................................................................................................... 72
This section says what kinds of property and animals can be stolen.
264. Things capable of being stolen (1) Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen. (2) Every inanimate thing which is the property of any person, and which is capable of being made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it. (3) Every tame animal, whether tame by nature or wild by nature and tamed, which is the property of any person, is capable of being stolen. (4) Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Zambia, which are the property of any person, and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement. (5) Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Zambia, which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 72 Penal Code, 1930 (Chapter 87) Zambia (6) An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank, or other small enclosure, or is otherwise so placed that it cannot escape, and that its owner can take possession of it at pleasure. (7) Wild animals in the enjoyment of their natural liberty are not capable of being stolen, but their dead bodies are capable of being stolen. (8) Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen. - 265 Verify source ↗
Definition of theft ............................................................................................................................................................... 73
This section defines theft and when taking or converting property is treated as fraudulent.
265. Definition of theft (1) A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person other than the general or special owner thereof anything capable of being stolen, is said to steal that thing. (2) A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if he does so with any of the following intents, that is to say: (a) an intent permanently to deprive the general or special owner of the thing of it; (b) an intent to use the thing as a pledge or security; (c) an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform; (d) an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion; (e) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner. (3) When a thing stolen is converted, it is immaterial whether it is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it. It is also immaterial that the person who converts the thing in question is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of it. (4) When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes on reasonable grounds that the owner cannot be discovered. (5) A person shall not be deemed to take a thing unless he moves the thing or causes it to move. (6) For the purposes of this section, "special owner" includes any person who has any charge or lien upon the thing in question, or any right arising from or dependent upon holding possession of the thing in question. - 266 Verify source ↗
Special cases ........................................................................................................................................................................ 73
Some actions are not treated as theft in these special cases.
266. Special cases (1) When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be theft. (2) When a servant, contrary to his mater's orders, takes from his possession any food in order that it may be given to an animal belonging to or in the possession of his master, such taking is not deemed to be theft. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 73 Penal Code, 1930 (Chapter 87) Zambia - 267 Verify source ↗
Funds, etc., held under direction .................................................................................................................................. 74
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.
267. Funds, etc., held under direction When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge, or other disposition of any property, whether capable of being stolen or not with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with. [As amended by No. 9 of 1968] - 268 Verify source ↗
Funds, etc., received by agents for sale .................................................................................................................... 74
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.
268. Funds, etc., received by agents for sale When a person receives, either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it, and requiring him to pay or account for the proceeds of the property, or any part of such proceeds, or to deliver anything received in exchange for the property, to the person from whom it is received, or some other person, then the proceeds of the property, and anything so received in exchange for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them, and that the relation of debtor and creditor only shall exist between them in respect thereof. - 269 Verify source ↗
Money received for another ........................................................................................................................................... 74
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.
269. Money received for another When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between, the parties in respect of it. - 270 Verify source ↗
Theft by persons having an interest in the thing stolen ..................................................................................... 74
A person can still commit theft even if they have an ownership interest, lease, or corporate role connected to the thing taken or converted.
270. Theft by persons having an interest in the thing stolen When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein, or that he himself is the owner of the thing taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, or that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society who are the owners of it. - 271 Verify source ↗
Husband and wife .............................................................................................................................................................. 74
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.
271. Husband and wife A person who, while a man and his wife are living together, procures either of them to deal with anything which is, to his knowledge, the property of the other in a manner which would be theft if they were not married, is deemed to have stolen the thing, and may be charged with theft. - 272 Verify source ↗
General punishment for theft ........................................................................................................................................ 74
Stealing anything capable of being stolen is theft and can lead to up to five years’ imprisonment, unless another punishment applies.
272. General punishment for theft Any person who steals anything capable of being stolen is guilty of the felony termed "theft", and, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, is liable to imprisonment for five years. [As amended by Act No. 29 of 1974] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 74 Penal Code, 1930 (Chapter 87) Zambia - 273 Verify source ↗
Stolen wills ........................................................................................................................................................................... 75
Stealing a testamentary instrument can lead to imprisonment for 10 years, even if the testator is alive or dead.
273. Stolen wills If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years. [As amended by No. 28 of 1931] - 274 Verify source ↗
Stealing postal matter, etc. ............................................................................................................................................. 75
Stealing postal matter, or valuable items inside postal matter, is punishable by up to ten years’ imprisonment.
274. Stealing postal matter, etc. If the thing stolen is postal matter or any chattel, money, or valuable security contained in any postal matter, the offender is liable to imprisonment for ten years. - 275 Verify source ↗
*** .............................................................................................................................................................................................. 75
Section 275 was repealed.
275. *** [section 275 repealed by section 2 of Act 20 of 2023] - 275A Verify source ↗
Stealing copper cathodes, copper bars, cobalt, lead, zinc or vanadium ...................................................... 75
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.
275A. Stealing copper cathodes, copper bars, cobalt, lead, zinc or vanadium (1) Nothwithstanding subsection (2) of section twenty-six, if the thing stolen is copper cathodes, copper bars, cobalt, lead, zinc or vanadium the offender is liable to imprisonment for a period not exceeding fifteen years. (2) Where a person is convicted of an offence under this Act the court which convicts him shall, in addition to any other penalty imposed under subsection (1), order the forfeiture of all the property which is the subject of that offence or which has been used for the commission of that offence: Provided that no conveyance which has been used for the commission of the offence shall be forfeited if the offence was committed by a person other than the owner or person in charge of the conveyance and it is proved to the court that the use of the conveyance for the commission of the offence was without the consent and knowledge of the owner or person in charge of the conveyance and was not due to any neglect, default or lack of reasonable care by the owner or the person in charge of the conveyance. (3) Where it is proved to the satisfaction of the court that an offence has been committed under this Section, the court shall make an order for the forfeiture of all property which is the subject matter of that offence or which has been used for the commission of that offence, notwithstanding that no person may have been convicted of the offence: Provided that the proviso to subsection (2) shall apply in relation to an order for forfeiture under this subsection. [As amended by Act No. 23 of 1993] - 276 Verify source ↗
Stealing from the person; stealing goods in transit, etc. .................................................................................... 75
The section says theft becomes especially serious if it involves certain locations or methods, and the offender is liable to seven years’ imprisonment.
276. Stealing from the person; stealing goods in transit, etc. If a theft is committed under any of the circumstances following, that is to say: (a) if the thing is stolen from the person of another; (b) if the thing is stolen in a dwelling-house and its value exceeds one hundred and fifty fee units or the offender, at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling-house; (c) if the thing is stolen from any kind of vessel or vehicle or place of deposit used for the conveyance or custody of goods in transit from one place to another; (d) if the thing stolen is attached to or forms part of a railway; (e) if the thing is stolen from a vessel which is in distress or wrecked or stranded; (f) if the thing is stolen from a public office in which it is deposited or kept; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 75 Penal Code, 1930 (Chapter 87) Zambia (g) if the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument; the offender is liable to imprisonment for seven years. As amended by Act No. 13 of 1994] - 277 Verify source ↗
Stealing by persons in public service ......................................................................................................................... 76
A person employed in public service who steals specified government-related property, or property received through employment, is liable to imprisonment for 15 years.
277. Stealing by persons in public service If the offender is a person employed in the public service and the thing stollen is the property of the Government, a local authority or a corporation, body or board, including an institution of higher learning in which the Government has a majority or con-trolling interest, or came into his possession by virtue of his employment, he is liable to imprisonment for fifteen years. [As amended by Act No. 29 of 1974] - 278 Verify source ↗
Stealing by clerks and servants .................................................................................................................................... 76
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.
278. Stealing by clerks and servants If the offender is a clerk or servant and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for seven years. - 279 Verify source ↗
Stealing by directors or officers of companies ........................................................................................................ 76
A director or officer who steals company property is liable to imprisonment for seven years.
279. Stealing by directors or officers of companies If the offender is a director or officer of a corporation or company and the thing stolen is the property of the corporation or company, he is liable to imprisonment for seven years - 280 Verify source ↗
Stealing by agents etc. ..................................................................................................................................................... 76
If someone steals certain property or proceeds received or held in a fiduciary or agency-like capacity, they may be imprisoned for seven years.
280. Stealing by agents etc. If the thing stolen is any of the things following, that is to say: (a) property which has been received by the offender with a power of attorney for the deposition thereof; (b) property which has been entrusted to the offender either alone or jointly with any other person for him to retain in safe custody or to apply, pay, or deliver for any purpose or to any person the same or any part thereof or any proceeds thereof; (c) property which has been received by the offender either alone or jointly with any other person for or on account of any other person; (d) (e) the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction; the whole or part of the proceeds arising from any disposition of any property which has been received by the offender by virtue of a power of attorney for such disposition, such power of attorney having been received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction; the offender is liable to imprisonment for seven years. - 281 Verify source ↗
Stealing by tenants or lodgers ...................................................................................................................................... 76
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.
281. Stealing by tenants or lodgers If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging and its value exceeds one hundred and fifty fee units, he is liable to imprisonment for seven years. [As amended by Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 76 Penal Code, 1930 (Chapter 87) Zambia - 281A Verify source ↗
Stealing of motor vehicle ............................................................................................................................................. 77
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.
281A. Stealing of motor vehicle (1) If the thing stolen is a motor vehicle, the offender is liable to imprisonment for a period— (a) in the case of a first offence, of not less than five years and not exceeding fifteen years; (b) in the case of a second or subsequent offence, of not less than seven years and not exceeding fifteen years. (2) In this section, "motor vehicle" means a motor vehicle or trailer— (a) which is registered or registrable under the provisions of section sixty-six of the Roads and Road Traffic Act; or [Cap. 464] (b) which is exempted from the need for registration under any of the provisions of the Roads and Road Traffic Act or any regulation made thereunder. [As amended by Act No. 9 of 1974] [Cap. 464] (3) Where a person is convicted of an offence under subsection (1) the court which convicts the person shall, in addition to any other penalty imposed under that subsection, order the forfeiture of all the property which has been used for or derived from the commission of that offence: Provided that no property which has been used for the commission of the offence shall be forfeited if the offence was committed by a person other than the owner or person in charge of the property and it is proved to the court that the use of the property for the commission of the offence was without the consent and knowledge of the owner or person in charge of the property. [subsection (3) added by section 3 of Act 20 of 2000] (4) Where a person is charged with an offence under subsection (1) the trial court may, notwithstanding that the person was not originally charged with that offence, convict the person of a lesser offence and the person shall, upon such conviction, be liable to a fine of not less than fifty- eight thousand penalty units or to imprisonment for a term of not less than five years, or to both. [subsection (4) added by section 3 of Act 20 of 2000] - 281B Verify source ↗
Search, seizure and arrest of person in relation to theft of motor vehicle ................................................. 77
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.
281B. Search, seizure and arrest of person in relation to theft of motor vehicle (1) A police officer may, without a warrant, stop, search and arrest any person found driving, or in possession, charge or control of a motor vehicle, where the officer believes, on reasonable grounds, that the vehicle is stolen. (2) Where an arrest is made under subsection (1) the police officer may seize the vehicle and any documents relating to the vehicle. (3) A police officer who arrests any person or seizes a motor vehicle under this section shall as soon as practicable take the person, the vehicle and any documents relating to the vehicle to the nearest police station. (4) A person arrested and any motor vehicle seized under this section shall, within forty-eight hours of arrest and seizure, be brought before a court. (5) Any motor vehicle— (a) returned, by the court, to the police at the conclusion of the case; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 77 Penal Code, 1930 (Chapter 87) Zambia (b) found abandoned on any road or in any public place or premises; and of which the owner is not known or cannot be found, may be removed to a police station, and if not previously claimed by its owner, shall be dealt with in accordance with the provisions of subsection (6). (6) The Officer-In-Charge of the police station to which a motor vehicle is removed in terms of subsection (5) shall cause to be published, once in the Gazette, and once in a newspaper of general circulation in Zambia, a notice containing— (a) particulars of the vehicle concerned; or (b) where no particulars are available, a fair description of the vehicle; and (c) a warning that if the vehicle remains unclaimed within six months from the date of publication of the notice, it shall be forfeited to the State and dealt with as the Minister may, by notice in the Gazette, direct, which may include sale by public aution. [section 281B inserted by section 4 of Act 20 of 2000] - 282 Verify source ↗
*** .............................................................................................................................................................................................. 78
Section 282 was repealed.
282. *** [repealed by Act No. 29 of 1974] Chapter XXVIA Offences relating to stock [chapter XXVIA inserted by section 3 of Act 20 of 2023]
Part
Chapter XXVIA
- 282A Verify source ↗
Interpretation .................................................................................................................................................................... 78
This section defines “stock” and “produce” for this Chapter.
282A. Interpretation In this Chapter, unless the context otherwise requires— “stock” includes a horse, mare, gelding, ass, mule, camel, ostrich, ram, ewe, wether, goat, pig, bull, cow, ox or the young of such animal; and “produce” means the whole or any part of any skins, hides, horns or carcass of stock, any wool, mohair, ostrich egg or ostrich feathers. [section 282A inserted by section 3 of Act 20 of 2023] - 282B Verify source ↗
Theft of stock or produce ............................................................................................................................................. 78
Stealing the listed animals, their young, or produce is an offence, with imprisonment on conviction.
282B. Theft of stock or produce (1) A person who steals any of the following commits an offence: (a) a horse, mare, gelding, ass, mule, camel, ostrich, ram, ewe, wether, goat or pig, or the young of such animal; and (b) a bull, cow or ox, or the young of such animal. (2) A person who is convicted of an offence under subsection (1)(a) is liable— (a) in the case of a first offence, to imprisonment for a term not exceeding fifteen years; and (b) in the case of a second and subsequent offence, to imprisonment for a term of not less than seven years and not exceeding fifteen years. (3) A person who is convicted of an offence under subsection (1)(b) is liable— (a) in the case of a first offence, to imprisonment for a term of not less than five years and not exceeding fifteen years; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 78 Penal Code, 1930 (Chapter 87) Zambia (b) in the case of a second or subsequent offence, to imprisonment for a term of not less than seven years and not exceeding fifteen years. (4) A person who steals produce commits an offence and is liable, on conviction, to imprisonment for a term not exceeding fifteen years. [section 282B inserted by section 3 of Act 20 of 2023] - 282C Verify source ↗
Procuring, inciting etc. theft of stock or produce ................................................................................................ 79
A person who helps another person steal stock or produce commits an offence and may be punished as if they had stolen it.
282C. Procuring, inciting etc. theft of stock or produce A person who procures, incites, hires, directs, instigates, or colludes with, another person to steal stock or produce commits an offence and is liable on conviction, to the penalty specified under section 282B as if that person had stolen the stock or produce. [section 282C inserted by section 3 of Act 20 of 2023] - 282D Verify source ↗
Possession of stolen stock or produce .................................................................................................................... 79
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.
282D. Possession of stolen stock or produce (1) A person who has in that person’s possession stock or produce which that person knows or ought reasonably to have known or suspected is stolen stock or produce commits an offence and is liable, on conviction— (a) (b) in case of a first offence, to imprisonment for a term of not less than five years and not exceeding twelve years; and in case of a second or subsequent offence, to imprisonment for a term of not less than seven years and not exceeding fifteen years. [section 282D inserted by section 3 of Act 20 of 2023] - 282E Verify source ↗
Night delivery of stock .................................................................................................................................................. 79
A person must not, for trade, make or accept delivery at night of any produce or stock except pig.
282E. Night delivery of stock A person who, for the purposes of trade, makes or accepts delivery at night of any produce or stock except pig commits an offence and is liable, on conviction— (a) in the case of a first offence, to community service for a term not exceeding six months; and (b) in the case of a second and subsequent offence, to imprisonment for a term not exceeding five years. [section 282E inserted by section 3 of Act 20 of 2023] Chapter XXVII Offences allied to stealing
Part
Chapter XXVII
- 283 Verify source ↗
Concealing registers .......................................................................................................................................................... 79
A person must not conceal or remove certain legally kept registers, or copies of them, if doing so with intent to defraud.
283. Concealing registers Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public office, is guilty of a felony and is liable to imprisonment for ten years. - 284 Verify source ↗
Concealing wills .................................................................................................................................................................. 79
A person who intentionally conceals a testamentary instrument to defraud commits a felony and can be imprisoned for 10 years.
284. Concealing wills Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, is guilty of a felony and is liable to imprisonment for ten years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 79 Penal Code, 1930 (Chapter 87) Zambia - 285 Verify source ↗
Concealing deeds ................................................................................................................................................................ 80
A person must not, with intent to defraud, conceal all or part of a document proving title to land or an estate in land.
285. Concealing deeds Any person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land, is guilty of a felony and is liable to imprisonment for three years. - 286 Verify source ↗
Killing animals with intent to steal ............................................................................................................................ 80
A person who kills an animal that can be stolen, intending to steal its skin or carcass (or part of it), commits an offence.
286. Killing animals with intent to steal Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of an offence and is liable to the same punishment as if he had stolen the animal.
Part
part of the skin or carcass, is guilty of an offence and is liable to the same punishment as if he had stolen
- 287 Verify source ↗
Severing with intent to steal .......................................................................................................................................... 80
A person commits an offence if they make something movable with intent to steal it.
287. Severing with intent to steal Any person who makes anything movable with intent to steal it is guilty of an offence and is liable to the same punishment as if he had stolen the thing after it had become movable. - 288 Verify source ↗
Fraudulent disposition of mortgaged goods ............................................................................................................ 80
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.
288. Fraudulent disposition of mortgaged goods (1) Any person who, being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, is guilty of a misdemeanour. (2) In this section, "mortgaged goods" includes any goods and chattels of any kind, and any animals, and any progeny of any animals, and any crops or produce of the soil, whether growing or severed, which are subject for the time being, by virtue of the provisions of any Act or of any written instrument, to a valid charge or lien by way of security for any debt or obligation. - 289 Verify source ↗
Fraudulently dealing with metals or minerals ........................................................................................................ 80
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.
289. Fraudulently dealing with metals or minerals Notwithstanding subsection (2) of section twenty-six, any person who takes, conceals, or otherwise disposes of any ore or any metal or mineral with intent to defraud any person, is guilty of a felony and is liable to imprisonment for a period not exceeding fifteen years. [As amended by Act No. 23 of 1993 - 289A Verify source ↗
Fraudulently dealing with motor vehicles ............................................................................................................. 80
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.
289A. Fraudulently dealing with motor vehicles (1) Any person who— (a) takes, conceals, sells, or otherwise disposes of a motor vehicle or any part of it with intent to defraud any person; or (b) knowing or believing that a motor vehicle is stolen, dishonestly receives such motor vehicle or undertakes or assists in its retention, removal, disposal or realisation by or for the benefit of another person or arranges to do so; commits an offence and is liable, upon conviction, to a fine of not less than twenty-eight thousand penalty units but not exceeding fifty-six thousand penalty units or to imprisonment for a term of five years or to both. (2) Where a person is convicted of an offence under this section the court which convicts the person shall, in addition to any penalty imposed under subsection (1), order the forfeiture of all property which is used for or derived from the commission of the offence. (3) Any sentence imposed under subsection (1) shall be consecutive to, and not concurrent with, any sentence imposed on the convicted person and no part of such sentence shall be suspended. [section 289A inserted by section 5 of Act 20 of 2000] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 80 Penal Code, 1930 (Chapter 87) Zambia - 290 Verify source ↗
Fraudulent appropriation of power ............................................................................................................................. 81
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.
290. Fraudulent appropriation of power Any person who fraudulently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating, or electrical power derived from any machine, apparatus, or substance, the property of another person, is guilty of a felony and is liable to imprisonment for five years. - 291 Verify source ↗
Conversion not amounting to theft ............................................................................................................................. 81
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.
291. Conversion not amounting to theft Any person who unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any draught or riding animal or any vehicle or cycle however propelled, or any vessel, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding one thousand five hundred penalty units, or to both. [As amended by Act No. 13 of 1994] Chapter XXVIII Robbery and extortion
Part
Chapter XXVIII
- 292 Verify source ↗
Robbery ................................................................................................................................................................................... 81
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.
292. Robbery Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony of robbery and is liable on conviction to imprisonment for fourteen years. [No. 18 of 1963] - 293 Verify source ↗
Assault with intent to steal ............................................................................................................................................ 81
A person who assaults someone with intent to steal commits a felony and can be sentenced to seven years’ imprisonment.
293. Assault with intent to steal Any person who assaults any person with intent to steal anything is guilty of a felony and is liable on conviction to imprisonment for seven years. [No. 18 of 1963] - 294 Verify source ↗
Aggravated robbery ............................................................................................................................................................ 81
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.
294. Aggravated robbery (1) Any person who, being armed with any offensive weapon or instrument, or being together with one person or more, steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony of aggravated robbery and is liable on conviction to imprisonment for life, and, notwithstanding subsection (2) of section twenty-six, shall be sentenced to imprisonment for a period of not less than fifteen years. (2) Notwithstanding the provisions of subsection (1), the penalty for the felony of aggravated robbery under subsection (1) shall be life imprisonment— (a) where the offensive weapon or instrument is a firearm, unless the court is satisfied by the evidence in the case that the accused person was not armed with a firearm and— (i) that he was not aware that any of the other persons involved in committing the offence was so armed; or (ii) that he dissociated himself from the offence immediately on becoming so aware; or (b) where the offensive weapon or instrument is not a firearm and grievous harm is done to any person in the course of the offence, unless the court is satisfied by the evidence in the case By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 81 Penal Code, 1930 (Chapter 87) Zambia that the accused person neither contemplated nor could reasonably have contemplated that grievous harm might be inflicted in the course of the offence. [subsection (2) amended by section 15 of Act 23 of 2022] (3) In this section "firearm" has the meaning assigned to it in section two of the Firearms Act. [Cap. 110] [No. 18 of 1963 as amended by No. 40 of 1969 and Act No. 29 of 1974] - 295 Verify source ↗
Aggravated assault with intent to steal ..................................................................................................................... 82
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.
295. Aggravated assault with intent to steal Any person who, being armed with any offensive weapon or instrument, or being together with one person or more, assaults any person with intent to steal anything, is guilty of a felony and is liable on conviction to imprisonment for a period (notwithstanding subsection (2) of section twenty-six) of not less than ten years and not exceeding twenty years. [No. 18 of 1963 as amended by No. 40 of 1969] - 296 Verify source ↗
Demanding property by written threats .................................................................................................................... 82
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.
296. Demanding property by written threats Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, is guilty of a felony and is liable to imprisonment for fourteen years. - 297 Verify source ↗
Attempts at extortion by threats .................................................................................................................................. 82
Using threats or accusations to extort or gain something from someone is a felony.
297. Attempts at extortion by threats (1) Any person who, with intent to extort or gain anything from any person— (a) accuses or threatens to accuse any person of committing any felony or misdemeanour, or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any felony or misdemeanour; or (b) threatens that any person shall be accused by any other person of any felony or misdemeanour, or of any such act; or (c) knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threat as aforesaid; is guilty of a felony, and if the accusation or threat of accusation is of— (i) an offence for which the punishment of imprisonment for life may be inflicted; or [subparagrapgh (i) amended by section 16 of Act 23 of 2022] (ii) any of the offences defined in Chapter XV, or an attempt to commit any of such offences; or (iii) an assault with intent to have carnal knowledge of any person against the order of nature, or an unlawful and indecent assault upon a male person; or (iv) a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences aforesaid; the offender is liable to imprisonment for fourteen years. In any other case the offender is liable to imprisonment for three years. (2) It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 82 Penal Code, 1930 (Chapter 87) Zambia - 298 Verify source ↗
Procuring execution of deeds, etc., by threats ........................................................................................................ 83
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.
298. Procuring execution of deeds, etc., by threats Any person who, with intent to defraud, and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing any felony or misdemeanour, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any offence, compels or induces any person— (a) (b) to execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security; or to write any name or impress or affix any seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security; is guilty of a felony and is liable to imprisonment for fourteen years. - 299 Verify source ↗
Demanding property with menaces with intent to steal ..................................................................................... 83
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.
299. Demanding property with menaces with intent to steal Any person who, with intent to steal any valuable thing, demands it from any person with menaces or force, is guilty of a felony and is liable to imprisonment for five years. Chapter XXIX Burglary, housebreaking and similar offences
Part
Chapter XXIX
- 300 Verify source ↗
Definition of breaking and entering ............................................................................................................................ 83
This section says when a person is legally treated as breaking a building, entering a building, or both.
300. Definition of breaking and entering (1) A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar flap, or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building. (2) A person is deemed to enter a building as soon as any part of his body or any part of any instrument used by him is within the building. (3) A person who obtains entrance into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building. - 301 Verify source ↗
House-breaking and burglary ........................................................................................................................................ 83
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.
301. House-breaking and burglary Any person who— (a) breaks and enters any dwelling house with intent to commit a felony therein; or (b) having entered any dwelling house with intent to commit a felony therein, or having committed a felony in any such dwelling house, breaks out thereof; is guilty of the felony termed "housebreaking" and is liable to imprisonment for seven years. If the offence is committed in the night, it is termed "burglary" and the offender is liable to imprisonment for ten years. [As amended by Act No. 3 of 1990] - 302 Verify source ↗
Entering dwelling house or other building with intent to commit felony ..................................................... 83
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.
302. Entering dwelling house or other building with intent to commit felony (1) Any person who enters or is in any dwelling house with intent to commit a felony in it is guilty of a felony and liable upon conviction to imprisonment for a period not exceeding five years or if the offence is committed at night to imprisonment for a period not exceeding seven years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 83 Penal Code, 1930 (Chapter 87) Zambia (2) Any person who enters or is in any building other than a dwelling house, with intent to commit a felony in it is guilty of a felony and liable upon conviction to imprisonment for a period not exceeding five years or if the offence is committed at night to imprisonment for a period not exceeding seven years. [As amended by Act No. 3 of 1990] - 303 Verify source ↗
Breaking into building and committing felony ....................................................................................................... 84
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.
303. Breaking into building and committing felony Any person who— (a) breaks and enters into any building other than a dwelling house and commits a felony in it; or (b) having committed a felony in any building other than a dwelling house, breaks out of it, is guilty of a felony and is liable to imprisonment for seven years; is guilty of a felony and is liable to imprisonment for seven years. [As amended by Act No. 3 of 1990] - 304 Verify source ↗
Breaking into building with intent to commit felony ........................................................................................... 84
Breaking into certain buildings with intent to commit a felony is a felony and can lead to five years’ imprisonment.
304. Breaking into building with intent to commit felony Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, or counting-house, or a building which is adjacent to a dwelling-house and occupied with it but is not part of it, or any building used as a place of worship with intent to commit a felony therein, is guilty of a felony and is liable to imprisonment for five years. - 305 Verify source ↗
Persons found armed, etc., with intent to commit felony ................................................................................... 84
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.
305. Persons found armed, etc., with intent to commit felony Any person who is found under any of the circumstances following, that is to say: (a) being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to break or enter a dwelling-house, and to commit a felony therein; (b) being armed as aforesaid by night, and being so armed with intent to break or enter any building whatever, and to commit a felony therein; (c) having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking, explosive or petroleum; (d) having in his possession by day any such instrument, explosive or petroleum with intent to commit a felony; (e) having his face masked or blackened or being otherwise disguised with intent to commit a felony; (f) being in any building whatever by night with intent to commit a felony therein; (g) being in any building whatever by day with intent to commit a felony therein, and having taken precautions to conceal his presence; is guilty of a felony and is liable to imprisonment for three years. If the offender has been previously convicted of a felony relating to property, he is liable to imprisonment for seven years. [As amended by No. 7 of 1960] - 306 Verify source ↗
Criminal trespass ................................................................................................................................................................ 84
Criminal trespass covers unlawful entry onto another person’s property, or unlawfully staying after lawful entry, when done with the required intent.
306. Criminal trespass Any person who— (a) unlawfully enters into or upon any property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 84 Penal Code, 1930 (Chapter 87) Zambia (b) having lawfully entered into or upon such property unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit any offence; is guilty of the misdemeanour termed "criminal trespass" and is liable to imprisonment for three months. If the property upon which the offence is committed is any building, tent or vessel used as a human dwelling or any building used as a place of worship or as a place for the custody of property, the offender is liable to imprisonment for one year. [No. 26 of 1940] - 307 Verify source ↗
Forfeiture ................................................................................................................................................................................ 85
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.
307. Forfeiture When any person is convicted of an offence under this Chapter, the court shall order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connection with any such offence shall be forfeited. [As amended by S.I. No. 63 of 1964 and No. 5 of 1972] Chapter XXX False pretences
Part
Chapter XXX
- 308 Verify source ↗
Definition of false pretence ............................................................................................................................................ 85
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.
308. Definition of false pretence Any representation made by words, writing or conduct, of a matter of fact or of law, either past or present, including a representation as to the present intentions of the person making the representation or of any other person, which representation is false in fact, and which the person making it knows to be false or does not believe to be true, is a false pretence. [As amended by No. 5 of 1972] - 309 Verify source ↗
Obtaining goods by false pretences ............................................................................................................................ 85
A person who, by false pretence and with intent to defraud, gets or causes delivery of something capable of being stolen commits a misdemeanour.
309. Obtaining goods by false pretences Any person who, by any false pretence and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanour and is liable to imprisonment for three years. - 309A Verify source ↗
Obtaining pecuniary advantage by false pretences ............................................................................................ 85
A person must not dishonestly obtain a pecuniary advantage by false pretence; doing so is a misdemeanour punishable by five years’ imprisonment.
309A. Obtaining pecuniary advantage by false pretences (1) Any person who, by any false pretence, dishonestly obtains for himself or another any pecuniary advantage, is guilty of a misdemeanour and is liable to imprisonment for five years. (2) The cases in which a pecuniary advantage within the meaning of this section is to be regarded as obtained for a person are cases where— (a) any debt or charge for which he makes himself liable or is or may become liable (including one not legally enforceable) is reduced or in whole or in part evaded or deferred; or (b) he is allowed to borrow by way of overdraft, or to take out any policy of insurance or annuity contract, or obtains an improvement of the terms on which he is allowed to do so; or (c) he is given the opportunity to earn remuneration or greater remuneration in an office or employment, or to win money by betting. [No. 5 of 1972] - 310 Verify source ↗
Obtaining execution of a security by false pretences ........................................................................................... 85
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.
310. Obtaining execution of a security by false pretences Any person who, by any false pretence and with intent to defraud, induces any person to execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security, or to write any name or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 85 Penal Code, 1930 (Chapter 87) Zambia impress or affix any seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of a misdemeanour and is liable to imprisonment for three years. - 310A Verify source ↗
Intent to deceive .............................................................................................................................................................. 86
This section defines when an intent to deceive exists.
310A. Intent to deceive An intent to deceive exists where one person induces another person— (a) (b) to believe that a thing is true which is false, and which the person practising the deceipt knows or believes to be false; or to believe a thing to be false which is true, and which the person practising the deceipt knows or believes to be true; and in consequence of having been so induced does or omits to do an act whether or not any injury or loss is thereby suffered by any person. [As amended by Act No. 5 of 1972] - 311 Verify source ↗
Cheating ................................................................................................................................................................................. 86
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.
311. Cheating Any person who, by means of any fraudulent trick or device, obtains from any other person anything capable of being stolen or induces any other person to deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device, is guilty of a misdemeanour and is liable to imprisonment for three years. - 312 Verify source ↗
Obtaining credit, etc., by false pretences ................................................................................................................. 86
A person commits a misdemeanour if they get credit by false pretence or fraud, or if they deal with property to defraud creditors.
312. Obtaining credit, etc., by false pretences Any person who— (a) in incurring any debt or liability, obtains credit by any false pretence or by means of any other fraud; or (b) with intent to defraud his creditors or any of them, makes or causes to be made any gift, delivery, or transfer of or any charge on his property; or (c) with intent to defraud his creditors or any of them, conceals, sells or removes any part of his property after or within three months before the date of any unsatisfied judgment or order for payment of money obtained against him; is guilty of a misdemeanour and is liable to imprisonment for one year. - 313 Verify source ↗
Conspiracy to defraud ....................................................................................................................................................... 86
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.
313. Conspiracy to defraud Any person who conspires with another by deceit or any fraudulent means to affect the market price of anything publicly sold, or to defraud the public, or any person, whether a particular person or not, or to extort any property from any person, is guilty of a misdemeanour and is liable to imprisonment for three years. - 314 Verify source ↗
Frauds on sale or mortgage of property ................................................................................................................... 86
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.
314. Frauds on sale or mortgage of property Any person who, being a seller or mortgagor of any property, or being the solicitor or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud— (a) conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or (b) falsifies any pedigree on which the title depends or may depend; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 86 Penal Code, 1930 (Chapter 87) Zambia (c) makes any false statement as to the title offered or conceals any fact material thereto; is guilty of a misdemeanour. - 315 Verify source ↗
Pretending to tell fortunes ............................................................................................................................................. 87
A person who, for gain or reward, tells fortunes or uses claimed occult knowledge to find stolen or lost things commits a misdemeanour.
315. Pretending to tell fortunes Any person who for gain or reward undertakes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, is guilty of a misdemeanour. - 316 Verify source ↗
Obtaining registration, etc., by false pretences ...................................................................................................... 87
A person who knowingly uses false pretences to get, or try to get, a registration, licence, or certificate under any Act commits a misdemeanour.
316. Obtaining registration, etc., by false pretences Any person who wilfully procures or attempts to procure for himself or any other person any registration, licence or certificate under any Act by any false pretence, is guilty of a misdemeanour and is liable to imprisonment for one year. - 317 Verify source ↗
False declaration for passport ....................................................................................................................................... 87
Anyone who knowingly makes a false statement to obtain a passport commits a misdemeanour.
317. False declaration for passport Any person who makes a statement which is to his know-ledge untrue for the purpose of procuring a passport, whether for himself or for any other person, is guilty of a misdemeanour. Chapter XXXI Receiving property stolen or unlawfully obtained and like offences
Part
Chapter XXXI
- 318 Verify source ↗
Receiving stolen property, etc. ...................................................................................................................................... 87
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.
318. Receiving stolen property, etc. (1) Any person who receives or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe the same to have been feloniously stolen, taken, extorted, obtained or disposed of, is guilty of a felony and is liable to imprisonment for seven years. (2) Receiving property unlawfully obtained Any person who received or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe the same to have been unlawfully taken, obtained, converted or disposed of in a manner which constitutes a misdemeanour, is guilty of a misdemeanour and is liable to the same punishment as the offender by whom the property was unlawfully obtained, converted or disposed of. [As amended by No. 26 of 1940] - 319 Verify source ↗
Person suspected of having or conveying stolen property ................................................................................. 87
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.
319. Person suspected of having or conveying stolen property Any person who shall be brought before a court charged with— (a) having in his possession anything which may be reasonably suspected of having been stolen or unlawfully obtained; or (b) conveying in any manner anything which may be reasonably suspected of having been stolen or unlawfully obtained; and who shall not give an account to the satisfaction of such court of how he came by the same, is guilty of a misdemeanour. [No. 22 of 1969] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 87 Penal Code, 1930 (Chapter 87) Zambia - 320 Verify source ↗
Receiving goods stolen outside Zambia .................................................................................................................... 88
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.
320. Receiving goods stolen outside Zambia Every person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Zambia the person committing it would have been guilty of felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside Zambia, is guilty of an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for seven years. [No. 26 of 1940] Chapter XXXII Illegal possession of diamonds or emeralds
Part
Chapter XXXII
- 321 Verify source ↗
Illegal possession of diamonds or emeralds ............................................................................................................ 88
A person must not possess or dispose of diamonds or emeralds unless the Chief Mining Engineer gives written permission.
321. Illegal possession of diamonds or emeralds (1) Any person who, without the written permission of the Chief Mining Engineer, has in his possession or disposes of any diamond or emerald shall be guilty of a misdemeanour. (2) For the purposes of this section— "Chief Mining Engineer" means the person appointed as such in pursuance of section six of the Mines and Minerals Act, 1969; "diamond" means any rough or uncut diamond and includes any diamond which has been partially cut, shaped or polished out of the rough; "emerald" means any rough or uncut emerald and includes any emerald which has been partially cut, shaped or polished out of the rough. [Cap. 213] (3) Any police officer of or above the rank of Sub Inspector may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section. - 322 Verify source ↗
Forfeiture on conviction ................................................................................................................................................... 88
If a court finds a person guilty of an offence under section 321, the diamonds or emeralds involved must be forfeited to the state.
322. Forfeiture on conviction (1) When a person has been found guilty by a court of an offence under section three hundred and twenty one in addition to any other punishment imposed on the accused person, the diamonds or emeralds in respect of which the offence has been committed shall be forfeited to the state upon such finding by the court. (2) Any diamonds or emeralds which have been forfeited under subsection (1) shall be released to the Minister of Finance or such other person as may be authorised by him in writing. [As amended by Act No. 5 of 1972] Chapter XXXIII Frauds by trustees and persons in a position of trust, and false accounting
Part
Chapter XXXIII
- 323 Verify source ↗
Trustees fraudulently disposing of trust property .................................................................................................. 88
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.
323. Trustees fraudulently disposing of trust property (1) Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use not authorised by the trust, is guilty of a felony and is liable to imprisonment for seven years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 88 Penal Code, 1930 (Chapter 87) Zambia (2) For the purposes of this section, "trustee" includes the following persons and no others, that is to say: (a) trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose; (b) trustees appointed by or under the authority of an Act or Statute for any such purpose; (c) persons upon whom the duties of any such trust as aforesaid devolve; (d) executors and administrators. - 324 Verify source ↗
Directors and officers of corporations or companies fraudulently appropriating property or keeping
Directors, officers, or members of a corporation or company must not fraudulently take, hide, alter, or falsify company property or records.
324. Directors and officers of corporations or companies fraudulently appropriating property or keeping fraudulent accounts or falsifying books or accounts Any person who— (a) being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct such an entry to be made therein; or (b) being a director, officer, or member of a corporation or company, does any of the following acts with intent to defraud, that is to say: (i) destroys, alters, mutilates or falsifies any book, document, valuable security or account, which belongs to the corporation or company, or any entry in any such book, document, or account, or is privy to any such act; or (ii) makes, or is privy to making, any false entry in any such book, document, or account; or (iii) omits, or is privy to omitting, any material particular from any such book, document or account; is guilty of a felony and is liable to imprisonment for seven years. - 325 Verify source ↗
False statements by officials of companies .............................................................................................................. 89
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.
325. False statements by officials of companies Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating, or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the purposes following, that is to say: (a) (b) to deceive or to defraud any member, shareholder, or creditor of the corporation or company, whether a particular person or not; to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to, the corporation or company, or to enter into any security for the benefit thereof; is guilty of a felony and is liable to imprisonment for seven years. - 326 Verify source ↗
Fraudulent false accounting ........................................................................................................................................... 89
Clerks or servants must not fraudulently destroy, alter, falsify, make false entries in, or omit material particulars from their employer’s books or records.
326. Fraudulent false accounting Any person who, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, does any of the acts following with intent to defraud, that is to say: (a) destroys, alters, mutilates or falsifies any book, document, valuable security or account, which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document or account, or is privy to any such act; or (b) makes, or is privy to making, any false entry in any such book, document, or account; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 89 Penal Code, 1930 (Chapter 87) Zambia (c) omits, or is privy to omitting, any material particular from any such book, document or account; is guilty of a felony and is liable to imprisonment for seven years. - 327 Verify source ↗
False accounting by public officer ................................................................................................................................ 90
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.
327. False accounting by public officer Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of a misdemeanour. VI – Malicious injuries to property Chapter XXXIV Offences causing injury to property
Part
Chapter XXXIV
- 328 Verify source ↗
Arson ....................................................................................................................................................................................... 90
Anyone who wilfully and unlawfully sets fire to certain property commits a felony and faces at least 10 years’ imprisonment, with possible life imprisonment.
328. Arson (1) Any person who wilfully and unlawfully sets fire to— (a) any building or structure whatever, whether completed or not; or (b) any vessel or any motor vehicle as defined in the Roads and Road Traffic Act, whether completed or not; or (c) any stack of cultivated vegetable produce, or of mineral or vegetable fuel; or (d) a mine, or the workings, fittings, or appliances of a mine; is guilty of a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and may be liable to imprisonment for life: Provided that where the arson causes the death of any person the offender shall, on conviction, be liable to imprisonment for life; [Cap. 464] [As amended by No. 26 of 1961] [subsection (1), previously unnumbered, numbered by section 3(a) and amended by section 3(b) of Act 17 of 2007] (2) Subsection (2) of section twenty-six shall not apply to this section. [subection (2) added by section 3(c) of Act 17 of 2007] - 329 Verify source ↗
Attempts to commit arson .............................................................................................................................................. 90
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.
329. Attempts to commit arson Any person who— (a) attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or (b) wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it; is guilty of a felony and is liable to imprisonment for fourteen years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 90 Penal Code, 1930 (Chapter 87) Zambia - 330 Verify source ↗
Setting fire to crops and growing plants .................................................................................................................. 91
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.
330. Setting fire to crops and growing plants Any person who wilfully and unlawfully sets fire to— (a) a crop of cultivated produce, whether standing, picked or cut; or (b) a crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut; or (c) any standing trees, saplings, or shrubs, whether indigenous or not, under cultivation; is guilty of a felony and is liable to imprisonment for fourteen years. [As amended by No. 26 of 1940] - 331 Verify source ↗
Attempts to set fire to crops, etc. ................................................................................................................................ 91
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.
331. Attempts to set fire to crops, etc. Any person who— (a) attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or (b) wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it; is guilty of a felony and is liable to imprisonment for seven years. - 332 Verify source ↗
Casting away vessels ........................................................................................................................................................ 91
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.
332. Casting away vessels Any person who— (a) wilfully and unlawfully casts away or destroys any vessel, whether completed or not; or (b) wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or (c) with intent to bring a vessel into danger, interferes with any light, beacon, buoy, mark, or signal used for purposes of navigation, or exhibits any false light or signal; is guilty of a felony and is liable to imprisonment for life. [As amended by No. 26 of 1933] - 333 Verify source ↗
Attempts to cast away vessels ...................................................................................................................................... 91
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.
333. Attempts to cast away vessels Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress, is guilty of a felony and is liable to imprisonment for fourteen years. [As amended by No. 26 of 1933] - 334 Verify source ↗
Injuring animals .................................................................................................................................................................. 91
A person must not wilfully and unlawfully kill, maim, or wound an animal capable of being stolen.
334. Injuring animals (1) Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen is guilty of an offence. (2) If the animal in question is a horse, mare, gelding, ass, mule, camel, bull, cow, ox, goat, pig, ram, ewe, wether, or ostrich, or the young of any such animal, the offender is guilty of a felony and is liable to imprisonment for seven years. In any other case the offender is guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 91 Penal Code, 1930 (Chapter 87) Zambia - 335 Verify source ↗
Punishment for malicious damage in general, etc. ............................................................................................... 92
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.
335. Punishment for malicious damage in general, etc. (1) Any person who wilfully and unlawfully destroys or damages any property commits an offence, which, unless otherwise stated, is a misdemeanour and is liable, on conviction, if no other punishment is provided, to imprisonment for two years: Provided that where the destruction or damage caused to property is— (a) (b) in excess of five million Kwacha, the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than five years and not exceeding twelve years; or in excess of fifteen million Kwacha, the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than seven years and not exceeding twelve years. (2) Any person who wilfully and unlawfully destroys— (a) a dwelling-house or a vessel, using any explosive substance, and if— (i) any person is in the dwelling-house or vessel; or (ii) the destruction or damage endangers the life of any person; the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and may be liable to imprisonment for life: Provided that where the explosion causes the death of any person the offender shall, on conviction, be liable to imprisonment for life; (b) a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender commits a felony and is liable, on conviction, to imprisonment for fourteen years; (c) a vessel in distress or wrecked, or stranded, or anything which belongs to such vessel, the offender commits a felony and is liable, on conviction, to imprisonment for seven years; or (d) a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender commits a felony and is liable, on conviction, to imprisonment for seven years. (3) Subsection (2) of section twenty-six shall not apply to this section. [As amended by No. 26 of 1933] [section 335 substituted by section 4 of Act 17 of 2007] - 336 Verify source ↗
Attempts to destroy property by explosives ............................................................................................................ 92
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.
336. Attempts to destroy property by explosives Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years. - 337 Verify source ↗
Communicating infectious diseases to animals ....................................................................................................... 92
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.
337. Communicating infectious diseases to animals Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a felony and is liable to imprisonment for seven years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 92 Penal Code, 1930 (Chapter 87) Zambia - 338 Verify source ↗
Removing boundary marks with intent to defraud ................................................................................................ 93
A person must not wilfully and unlawfully, with intent to defraud, remove or deface boundary marks or objects lawfully placed to indicate land boundaries.
338. Removing boundary marks with intent to defraud Any person who wilfully and unlawfully, and with intent to defraud, removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land, is guilty of a felony and is liable to imprisonment for three years. - 339 Verify source ↗
Wilful damage, etc., to survey and boundary marks ............................................................................................. 93
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.
339. Wilful damage, etc., to survey and boundary marks Any person who— (a) wilfully removes, defaces or injuries any survey mark or boundary mark which shall have been made or erected by or under the direction of any Government department or in the course of or for the purposes of a Government survey; or (b) being under an obligation to maintain in repair any boundary mark made or erected as aforesaid, neglects or refuses to repair the same; or (c) wilfully removes, defaces or injures any mark erected by an intending applicant for any lease, licence or right under an Act relating to mines or minerals; is guilty of a misdemeanour and is liable to imprisonment for three months or to a fine of six hundred penalty units, and may further be ordered by the court to pay the cost of repairing or replacing the survey mark or boundary mark and of making any survey rendered necessary by the offender's act or neglect. [As amended by No. 13 of 1994] - 340 Verify source ↗
Penalties for nuisance or trespass on railway works, etc. ................................................................................... 93
A person must not commit nuisance or trespass on railway land or obstruct railway officers, assistants, or workmen doing railway construction or maintenance work.
340. Penalties for nuisance or trespass on railway works, etc. Any person who— (a) commits any nuisance or trespass in or upon any land, buildings, or premises, acquired for or belonging to any railway works; or (b) wilfully molests, hinders, or obstructs the officer in charge of any railway or the officer's assistants or workmen in the execution of any work done or to be done in reference to the construction or maintenance of any such railway; commits a misdemeanour and is liable, on conviction, to imprisonment for three months or to a fine of six hundred penalty units. [As amended by No. 13 of 1994] [section 340 substituted by section 5 of Act 17 of 2007] - 341 Verify source ↗
Threats to burn or destroy .............................................................................................................................................. 93
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.
341. Threats to burn or destroy Any person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim, or wound any cattle, is guilty of a felony and is liable to imprisonment for ten years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 93 Penal Code, 1930 (Chapter 87) Zambia VIA – Vandalism to public and private property Chapter XXXIVA Punishment for vandalism [chapter XXXIVA inserted by section 6 of Act 17 of 2007]
Part
Chapter XXXIVA
- 341A Verify source ↗
Interpretation .................................................................................................................................................................... 94
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.
341A. Interpretation In this Division, unless the context otherwise requires "aerodrome" has the meaning assigned to it under section two of the Aviation Act; [Cap. 444] "aircraft" has the meaning assigned to it under section two of the Aviation Act; [Cap. 444] "computer" has the meaning assigned to it under section two of the Computer Misuse and Crimes Act, 2004; [Act No. 13 of 2004] "necessary service" includes— (a) any service relating to the generation, supply distribution of electricity; (b) any fire brigade or fire service; (c) any sewage, rubbish disposal or other sanitation service; (d) any health, hospital or ambulance service; (e) any service relating to the supply or distribution of water; (f) any service relating to the production, supply, delivery or distribution of fuel; (g) mining; (h) any communications service; (i) any road, railway, bridge, dam, ferry, pontoon, harbour, dock or canal; and (j) any service relating to the aviation of aircraft; "railway" has the meaning assigned to it under section three of the Railways Act; [Cap. 453] "road" has the meaning assigned to it under section two of the Public Roads Act, 2002; "sanitation service" has the meaning assigned to it under section two of the Water Supply and Sanitation Act, 1997; [Act No. 12 of 2002] "sewage" has the meaning assigned to it under section two of the Water Supply and Sanitation Act, 1997; [Act No. 28 of 1997] "traffic signal" has the meaning assigned to it under section two the Public Roads Act, 2002; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 94 Penal Code, 1930 (Chapter 87) Zambia "traffic sign" has the meaning assigned to it under section two of the Public Roads Act, 2002; and [Act No. 28 of 1997] "vandalise" means wilfully or maliciously destroying, damaging, defacing, disabling, or in any way disrupting the functioning of or impairing public or private property and in the case of a computer includes, but is not limited to, acts such as the interference with, interruption or obstruction of the lawful use of a computer by means of a computer virus or otherwise and the causing of a direct or indirect degradation, failure, or other impairment of function of a computerised system or any part thereof by means of a computer virus or otherwise. [Act No. 28 of 1997; Act No. 12 of 2002] [section 341A inserted by section 6 of Act 17 of 2007] - 341B Verify source ↗
Jurisdiction of High Court ............................................................................................................................................. 95
The High Court may try offences under this Division.
341B. Jurisdiction of High Court The High Court shall have jurisdiction to try offences under this Division. [section 341B inserted by section 6 of Act 17 of 2007] - 341C Verify source ↗
Non-application of section 26(2) of Penal Code .................................................................................................. 95
Section 26(2) of the Penal Code does not apply to this Division.
341C. Non-application of section 26(2) of Penal Code Subsection (2) of section twenty-six shall not apply to this Division [Cap.87] [section 341C inserted by section 6 of Act 17 of 2007] - 341D Verify source ↗
Vandalism of public or private property necessary or incidental to provision of necessary service
A person who vandalises property essential or incidental to a necessary service commits a felony.
341D. Vandalism of public or private property necessary or incidental to provision of necessary service (1) Any person who for any purpose vandalises any public or private property essential for or incidental to the provision of a necessary service commits a felony. (2) Where the property referred to in subsection (1) is— (a) a cable, overhead line, power line, electricity pole, pylon, transformer, pole mounted substation, substation, generating station or other property essential for or incidental to the connection, installation, generation, supply or distribution or other use of electricity, notwithstanding the Electricity Act or any other written law, the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; [Cap. 433] (b) a vehicle, fire engine, appliance, apparatus, a fire brigade or other property essential for or incidental to the provision of a fire service, the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; (c) any machinery, equipment, plant or other structure essential for or incidental to (i) the collection, conveyance, storage, purification or disposal of sewage; (ii) the disposal of rubbish; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 95 Penal Code, 1930 (Chapter 87) Zambia (iii) the provision of any other sanitation service notwithstanding the Water Supply and Sanitation Act, 1997, or any other written law, the offender is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years; [Act No. 28 of 1997] (d) any instrument, apparatus, machinery, equipment or other property essential for or incidental to the protection or sustenance of life or for the protection of public health or for the provision of health services, the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; (e) a water pipe, water tank, water pump, water reservoir, water plant or other structure essential for or incidental to the purification, filtration, distillation, storage, distribution or supply of water, notwithstanding the Water Supply and 1997 Sanitation Act, 1997, or any other written law, the offender is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years; [Act No. 28 of 1997] (f) a fuel pump, fuel tanker, pipeline, ship, vessel, vehicle, storage shed, building or place in which petroleum is stored or carried, a refinery, feed stock reserve or any other structure essential for or incidental to the storage, refinery, conveyance, distribution or supply of fuel, the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; (g) any machine, appliance, apparatus, building, erection, bridge, road, shaft or passage of a mine, rope, chain, tackle, well or bore for water, dam, bank, wall or floodgate of a millpond or pool or any other work or way appertaining to or used with a mine the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; (h) a cable, wire, public telephone, telecommunications apparatus, telecommunications installations or other communications apparatus or communications installations installed, erected or operated by a telecommunications or communications service provider for the purpose of operating or sustaining a telecommunications or communications system or providing a telecommunications or communications service, notwithstanding the Telecommunications Act, the Radiocommunications Act or any other written law, the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years, or (ii) where the vandalism causes the death of any person, to imprisonment for life. [Cap. 469; Cap. 169] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 96 Penal Code, 1930 (Chapter 87) Zambia (i) a railway, or any work connected with a railway, notwithstanding the Railways Act or any other written law, the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; [Cap. 453] (j) a road, bridge, ferry, pontoon, harbour, dock or canal, of notwithstanding the Public Roads Act, 2002, or any other 2002 written law, the offender is liable, on conviction— (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person to imprisonment for life; or (k) an aircraft, aerodrome, navigation facility or any othe instrument, apparatus, equipment, machinery or other property essential for or incidental to safe aviation notwithstanding the Aviation Act, the Safety of Civil Aviation Act or any other written law, the offender is liable, on conviction— (i) to imprisonment for a term of not less than fifteen years and not exceeding twenty- five years; or (ii) where that vandalism causes the death of any person, to imprisonment for life. [Cap. 444; Cap. 445] [section 341D inserted by section 6 of Act 17 of 2007] - 341E Verify source ↗
Vandalism of public buildings, infrastructure, etc. .............................................................................................. 97
It is an offence for any person to vandalise certain religious, burial, educational, community, or related property.
341E. Vandalism of public buildings, infrastructure, etc. Any person who vandalises— (a) a church, synagogue, mosque or other building, structure or place used for religious worship or other religious purpose; (b) a cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead; (c) a school, educational facility or community center; or (d) any personal property contained in any infrastructure, facility, building, structure or place described in paragraphs (a), (b) or (c); commits a felony and is liable to imprisonment for a term of not less than ten years and not exceeding twenty-five years. [section 341E inserted by section 6 of Act 17 of 2007] - 341F Verify source ↗
Vandalism of computer or computerised system ................................................................................................. 97
Vandalising a computer or computerised system is a felony and can lead to imprisonment.
341F. Vandalism of computer or computerised system Notwithstanding the provisions of the Computer Misuse and Crimes Act, 2004, any person who for any purpose vandalises a computer or a computerised system commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding fifteen years: Provided that where a computer is vandalised and such computer contains programs or data which the offender knew or ought reasonably to have known is necessary for or used directly in connection with (a) the security, defence or international relations of the State; (b) the existence or identity of a confidential source of information relating to the enforcement of criminal law; (c) the provision of necessaiy services or other public services; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 97 Penal Code, 1930 (Chapter 87) Zambia (d) the provision of banking and financial services; (e) the storage of confidential Government information; or (f) the protection of public safety, including systems related to essential emergency services such as police and civil defeuce; the offender is liable to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years. [Act No. 13 of 2004] [section 341F inserted by section 6 of Act 17 of 2007] - 341G Verify source ↗
Vandalism of traffic signs and traffic signals ........................................................................................................ 98
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.
341G. Vandalism of traffic signs and traffic signals Any person who vandalises any traffic sign or traffic ignal commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years: Provided that where the vandalism causes the death of any person, the offender shall, on conviction, be liable to imprisonment for life. [section 341G inserted by section 6 of Act 17 of 2007] - 341H Verify source ↗
Vandalism of navigation signs and signals on water way ............................................................................... 98
A person must not vandalise navigation lights, beacons, buoys, marks, or other signs or signals used for waterway navigation.
341H. Vandalism of navigation signs and signals on water way (1) Any person who vandalises any light, beacon, buoy, mark or other sign or signal erected or set up for the purpose of navigating a water way or for the guidance of persons engaged in navigation of a water way, commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years: (2) In this section water way includes a river, canal, a brook, stream, an artificially constructed water channel or other route for travel by water. [section 341H inserted by section 6 of Act 17 of 2007] - 341I Verify source ↗
Offence by body corporate, etc. ................................................................................................................................... 98
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.
341I. Offence by body corporate, etc. (1) Where an offence is committed by an institution and it is proved that the offence— (a) was committed with the consent or connivance of an officer of the institution; or (b) was attributable to neglect on the part of an officer of the institution; the officer and the institution shall be guilty of the offence. (2) In this section— (a) in the case of an institution which is a body corporate, "officer" includes— (i) a director, manager or Secretary; (ii) a person purporting to act as a director, manager or Secretary; (iii) if the affairs of the body are managed by its members, a member; and (iv) any other person concerned in the management of the body corporate; (b) in the case of an institution which is a partnership, "officer" means a partner; and (c) in the case of an institution which is an incorporated association other than a partnership, "officer" means a person concerned in the management or control of the association. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 98 Penal Code, 1930 (Chapter 87) Zambia (3) Where an institution is fined in terms of subsection (1), that institution shall be liable, where the offence for which sentence is passed is in respect of— (a) vandalism of public or private property essential or incidental to the provision of a necessary service, to a fine of fivehundred thousand penalty units and in the case of a second or subsequent offence, to a fine of five hundred and fifty thousand penalty units; (b) vandalism of public buildings, infrastructure or other property, in the case of a first offence, to a fine of three hundred thousand penalty units and in the case of a second or subsequent offence, to a fine of threehundred andfiftythousand penalty units; (c) vandalism of a computerised system, to a fine of four hundred thousand penalty units; (d) vandalism of road signs and road signals, to a fine of two hundred thousand penalty units; and (e) vandalism of navigation signs and signals, to a fine of two hundred thousand penalty units. [section 341I inserted by section 6 of Act 17 of 2007] - 341J Verify source ↗
Attempts to vandalise property ................................................................................................................................... 99
A person who tries to commit an offence under this Division commits a felony and, if convicted, can be imprisoned for eight years.
341J. Attempts to vandalise property Any person who attempts to commit an offence under this Division, commits a felony, and is liable, on conviction, to imprisonment for eight years. [section 341J inserted by section 6 of Act 17 of 2007] - 341K Verify source ↗
Aiding, abetting, soliciting, etc. .................................................................................................................................. 99
Anyone who helps or encourages an offence under this Division commits a felony and faces the same penalties as the offence itself.
341K. Aiding, abetting, soliciting, etc. Any person who aids, abets, counsels, procures, incites or solicits the commission of an offence under this Division, commits a felony and is liable, on conviction, to the same penalties as if that person had been convicted of the offence. [section 341K inserted by section 6 of Act 17 of 2007] - 341L Verify source ↗
Threats to vandalise ....................................................................................................................................................... 99
A person must not threaten to vandalise any property, unless section 341 provides otherwise.
341L. Threats to vandalise Except as provided under section three hundred and forty one, any person who, in any manner, threatens to vandalise any property commits a felony and is liable, on conviction, to imprisonment for five years. [section 341L inserted by section 6 of Act 17 of 2007] - 341M Verify source ↗
Cognizable offences ....................................................................................................................................................... 99
An offence under this Division is a cognizable offence.
341M. Cognizable offences Any person who commits an offence under this Division commits a cognizable offence. [section 341M inserted by section 6 of Act 17 of 2007] - 341N Verify source ↗
Forfeiture ............................................................................................................................................................................ 99
If someone is convicted under this Division, the Court must order forfeiture of connected property or related implements/vehicles, without compensation.
341N. Forfeiture (1) When any person is convicted of an offence under this Division, the Court shall, in addition to any penalty which may he imposed, order the forfeiture, without compensation of— (a) any property which has passed in connection with the commission of the offence, or, if such property cannot be forfeited or cannot be found, any such sum as the Court shall assess as the value of the property; or (b) any implement, tool, motor vehicle or other conveyance with which the offence was committed, or which was used in, or for the purpose of, or in relation to, or in connection with, the commission of the offence. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 99 Penal Code, 1930 (Chapter 87) Zambia (2) Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same provisions us in the case of the payment of a fine. [section 341N inserted by section 6 of Act 17 of 2007] [division VIA inserted by section 6 of Act 17 of 2007] VII – Forgery, coining, counterfeiting and similar offences Chapter XXXV Definitions
Part
Chapter XXXV
- 342 Verify source ↗
Definition of forgery ....................................................................................................................................................... 100
Forgery means making a false document with intent to defraud or deceive.
342. Definition of forgery Forgery is the making of a false document with intent to defraud or to deceive. [As amended by No. 26 of 1940] - 343 Verify source ↗
Definition of document .................................................................................................................................................. 100
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.
343. Definition of document In this Division, "document" does not include a trade mark or any other sign used in connection with articles of commerce though they may be written or printed. - 344 Verify source ↗
Making a false document ............................................................................................................................................. 100
This section defines when a person makes a false document.
344. Making a false document Any person makes a false document who— (a) makes a document purporting to be what in fact it is not; (b) alters a document without authority in such a manner that if the alteration had been authorised it would have altered the effect of the document; (c) introduces into a document without authority whilst it is being drawn up matter which if it had been authorised would have altered the effect of the document; (d) signs a document— (i) (ii) (iii) (iv) in the name of any person without his authority whether such name is or is not the same as that of the person signing; in the name of any fictitious person alleged to exist, whether the fictitious person is or is not alleged to be of the same name as the person signing; in the name represented as being the name of a different person from that of the person signing it and intended to be mistaken for the name of that person; in the name of a person personated by the person signing the document, provided that the effect of the instrument depends upon the identity between the person signing the document and the person whom he professes to be. - 344A Verify source ↗
Intent to deceive ........................................................................................................................................................... 100
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.
344A. Intent to deceive An intent to deceive exists where one person induces another person— (a) to believe that a thing is true which is false, and which the person practising the deceit knows or believes to be false; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 100 Penal Code, 1930 (Chapter 87) Zambia (b) to believe a thing to be false which is true, and which the person practising the deceit knows or believes to be true; and in consequence of having been so induced does or omits to do an act whether or not any injury or loss is thereby suffered by any person. [No. 5 of 1972] - 345 Verify source ↗
Intent to defraud .............................................................................................................................................................. 101
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.
345. Intent to defraud An intent to defraud is presumed to exist if it appears that, at the time when the false document was made, there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document. Chapter XXXVI Punishments for forgery
Part
Chapter XXXVI
- 346 Verify source ↗
Definition of currency notes ........................................................................................................................................ 101
This section defines “currency notes” for this Chapter as notes that are legal tender in the country where they are issued.
346. Definition of currency notes In this Chapter, "currency notes" includes any notes (by whatever name called) which are legal tender in the country in which they are issued. [No. 48 of 1938] - 347 Verify source ↗
General punishment for forgery .................................................................................................................................. 101
A person who forges a document commits an offence and, unless another punishment applies, may be imprisoned for three years.
347. General punishment for forgery Any person who forges any document is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for three years. - 348 Verify source ↗
Forgeries punishable by imprisonment for life .................................................................................................... 101
Forging the listed documents or payment instruments is punishable by life imprisonment, and the court may also order the document forfeited.
348. Forgeries punishable by imprisonment for life Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for life and the court may in addition order that any such document as aforesaid shall be forfeited. [As amended by S.I. No. 63 of 1964] - 349 Verify source ↗
Forgery of judicial or official document .................................................................................................................. 101
A person who forges a judicial or official document is liable to seven years’ imprisonment.
349. Forgery of judicial or official document Any person who forges any judicial or official document is liable to imprisonment for seven years. - 350 Verify source ↗
Forgeries punishable by imprisonment for seven years .................................................................................... 101
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.
350. Forgeries punishable by imprisonment for seven years Any person who— (a) forges any stamp, whether impressed or adhesive, used for the purpose of revenue or accounting by any Government department; or (b) without lawful excuse, the proof whereof shall lie upon him, makes or has knowingly in his possession any die or instrument capable of making the impression of any such stamp; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 101 Penal Code, 1930 (Chapter 87) Zambia (c) (d) (e) (f) fraudulently cuts, tears in any way, or removes from any material any stamp used for purposes of revenue or accounting by the Government, with intent that another use shall be made of such stamp or any part thereof; or fraudulently mutilates any such stamp as last aforesaid, with intent that another use shall be made of such stamp; or fraudulently fixes or places upon any material or upon any such stamp as last aforesaid any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn, or in any way removed from any other material or out of or from any other stamp; or fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date, or other matter or thing whatsoever written thereon with the intent that another use shall be made of the stamp upon such material; or (g) knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fradulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fradulently erased or otherwise really or apparently removed; is liable to imprisonment for seven years. - 351 Verify source ↗
Making or having in possession paper or implements for forgery ................................................................ 102
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.
351. Making or having in possession paper or implements for forgery Any person who, without lawful authority or excuse, the proof whereof lies upon him— (a) makes, uses, or knowingly has in his custody or possession any paper intended to resemble and pass as special paper such as is provided and used for making any currency note or bank note; (b) makes, uses, or knowingly has in his custody or possession, any frame, mould or instrument for making such paper, or for producing in or on such paper any words, figures, letters, marks, lines or devices peculiar to and used in or on any such paper; (c) engraves or in any wise makes upon any plate, wood, stone, or other material, any words, figures, letters, marks, lines or devices, the print whereof resembles in whole or in part any words, figures, letters, marks, lines or devices peculiar to and used in or on any bank note, or in or on any document entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of the Republic or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without the Republic; (d) uses or knowingly has in his custody or possession any plate, wood, stone, or other material, upon which any such words, figures, letters, marks, lines, or devices have been engraved or in any wise made as aforesaid; or (e) uses or knowingly has in his custody or possession, any paper upon which any such words, figures, letters, marks, lines or devices have been printed or in any wise made as aforesaid; is guilty of a felony and is liable to imprisonment for seven years. [No. 48 of 1938 as amended by S.I. No. 63 of 1964] - 352 Verify source ↗
Uttering false documents ............................................................................................................................................. 102
A person who knowingly and fraudulently utters a false document commits an offence and faces the same punishment as if they had forged it.
352. Uttering false documents Any person who knowingly and fraudulently utters a false document is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the thing in question. - 353 Verify source ↗
Uttering cancelled or exhausted documents ......................................................................................................... 102
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.
353. Uttering cancelled or exhausted documents Any person who knowingly utters as and for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 102 Penal Code, 1930 (Chapter 87) Zambia ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document. - 354 Verify source ↗
Procuring execution of documents by false pretences ...................................................................................... 103
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.
354. Procuring execution of documents by false pretences Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another to sign or execute the document, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document. - 355 Verify source ↗
Obliterating crossings on cheques ............................................................................................................................ 103
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.
355. Obliterating crossings on cheques Any person who, with intent to defraud— (a) obliterates, adds to, or alters the crossing on a cheque; or (b) knowingly utters a crossed cheque, the crossing on which has been obliterated, added to, or altered; is guilty of a felony and is liable to imprisonment for seven years. - 356 Verify source ↗
Making documents without authority ...................................................................................................................... 103
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.
356. Making documents without authority Any person who, with intent to defraud or to deceive— (a) without lawful authority or excuse, makes, signs, or executes, for or in the name or on account of another person, whether by procuration or otherwise, any document or writing; or (b) knowingly utters any document or writing so made, signed, or executed by another person; is guilty of a felony and is liable to imprisonment for seven years. [As amended by No. 26 of 1940] - 357 Verify source ↗
Demanding property upon forged testamentary instrument ............................................................................ 103
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.
357. Demanding property upon forged testamentary instrument Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document or thing by virtue whereof he procures the delivery or payment. - 358 Verify source ↗
Purchasing forged notes ................................................................................................................................................ 103
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.
358. Purchasing forged notes Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of a felony and is liable to imprisonment for seven years. - 359 Verify source ↗
Falsifying warrants for money payable under public authority ...................................................................... 103
A public-service employee must not knowingly and with intent to defraud issue or deliver a warrant for the wrong amount.
359. Falsifying warrants for money payable under public authority Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of a felony and is liable to imprisonment for seven years. - 360 Verify source ↗
Falsification of register .................................................................................................................................................. 103
A person who has custody of an officially kept register or record must not knowingly allow a false entry to be made in it.
360. Falsification of register Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of a felony and is liable to imprisonment for seven years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 103 Penal Code, 1930 (Chapter 87) Zambia - 361 Verify source ↗
Sending false certificate of marriage to registrar ................................................................................................ 104
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.
361. Sending false certificate of marriage to registrar Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of a felony and is liable to imprisonment for seven years. - 362 Verify source ↗
False statements for registers of births, deaths and marriages ...................................................................... 104
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.
362. False statements for registers of births, deaths and marriages Any person who, knowingly and with intent to procure the same to be inserted in a register of births, deaths, or marriages, mato any false statement touching any matter required by law to be registered in any such register, is guilty of a felony and is liable to imprisonment for three years. Chapter XXXVII Offences relating to coin
Part
Chapter XXXVII
- 363 Verify source ↗
Definitions of counterfeit coin and current coin .................................................................................................. 104
This section defines “counterfeit coin” and “current” for the Chapter.
363. Definitions of counterfeit coin and current coin In this Chapter— "counterfeit coin" means coin not genuine but resembling or apparently intended to resemble or pass for genuine current coin; and includes genuine current coin prepared or altered so as to pass for current coin of a higher denomination; "current", applied to any coin, includes any coin coined in Zambia or lawfully current in Zambia or any coin lawfully current in any foreign country. [No. 48 of 1938 as amended by S.I. No. 63 of 1964] - 364 Verify source ↗
Counterfeiting coin .......................................................................................................................................................... 104
Making or starting to make counterfeit coin is a felony and can lead to life imprisonment.
364. Counterfeiting coin Any person who makes or begins to make any counterfeit coin is guilty of a felony and is liable to imprisonment for life. [As amended by No. 48 of 1938] - 365 Verify source ↗
Preparations for coining ................................................................................................................................................ 104
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.
365. Preparations for coining Any person who— (a) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; or (b) makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit coin, with intent that such counterfeit coin shall be made from it; or (c) without lawful authority or excuse, the proof of which lies on him— (i) buys, sells, receives, pays, or disposes of any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing; or (ii) brings or receives into Zambia any counterfeit coin, knowing it to be counterfeit; or (iii) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any part of either side thereof, knowing the same to be a stamp or mould or to be so adapted; or (iv) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any tool, instrument or machine which is adapted and intended to be used for marking By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 104 Penal Code, 1930 (Chapter 87) Zambia coin round the edges with marks or figures apparently resembling those on the edges of any coin, knowing the same to be so adapted and intended; or (v) makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any press for coinage, or any tool, instrument, or machine which is adapted for cutting round blanks out of gold, silver, or other metal, knowing such press, tool, instrument, or machine to have been used or to be intended to be used for making any counterfeit coin; is guilty of a felony and is liable to imprisonment for life. [As amended by No. 48 of 1938] - 366 Verify source ↗
Clipping ................................................................................................................................................................................ 105
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.
366. Clipping Any person who deals with any current coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as current coin is guilty of a felony and is liable to imprisonment for seven years. [As amended by No. 48 of 1938] - 367 Verify source ↗
Melting down of currency ............................................................................................................................................. 105
A person must not melt down, break up, deface, or use as anything other than currency any silver coin currently in Zambia.
367. Melting down of currency Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark, or uses otherwise than as currency, any silver coin current for the time being in Zambia, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units, or to both. [As amended by Act No. 26 of 1940 and No. 13 of 1994] - 368 Verify source ↗
Possession of clippings .................................................................................................................................................. 105
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.
368. Possession of clippings Any person who unlawfully has in his possession, or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with current gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of a felony and is liable to imprisonment for seven years. - 369 Verify source ↗
Uttering counterfeit coin ............................................................................................................................................... 105
A person must not utter counterfeit coin while knowing it is counterfeit.
369. Uttering counterfeit coin Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of a misdemeanour. [As amended by No. 48 of 1938]
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