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Zambia Act or statute

Zambia legislation

Penal Code, 1930

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

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

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01

Purpose and legislative effect

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

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

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Source record from zambialii.org · As at 26 Dec 2023

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Provisions 401–446

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Showing 46 of 446 provisions

Provision 18Offence 10Amendment 9Interpretation 5

Part

Chapter XXXVII

§ 370Repeated uttering ............................................................................................................................................................ 105Amendment

A person who knowingly utters counterfeit coin in the listed circumstances commits a felony and can be imprisoned for three years.

370. Repeated uttering Any person who— (a) utters any counterfeit coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit coin; or (b) utters any counterfeit coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit coin, knowing it to be counterfeit; or (c) has in his possession three or more pieces of counterfeit coin, knowing them to be counterfeit, and with intent to utter any of them; is guilty of a felony and is liable to imprisonment for three years. As amended by No. 48 of 1938] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 105 Penal Code, 1930 (Chapter 87) Zambia
Section 370Verify source
§ 371Uttering foreign coin or metal as current coin ..................................................................................................... 106Amendment

A person must not, with intent to defraud, pass off a non-current coin or a lower-value medal or metal piece as current coin.

371. Uttering foreign coin or metal as current coin Any person who, with intent to defraud, utters as and for current coin— (a) any coin which is not such current coin; or (b) any medal or piece of metal, whether a coin or not, which is of less value than the current coin as and for which it is uttered; is guilty of a misdemeanour and is liable to imprisonment for one year. [As amended by No. 48 of 1938]
Section 371Verify source
§ 372Exporting counterfeit coin ............................................................................................................................................ 106Amendment

A person must not export counterfeit coin, or load it onto a vessel or vehicle for export, knowing it is counterfeit, unless they have lawful authority or excuse.

372. Exporting counterfeit coin Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board of a vessel or vehicle of any kind for the purpose of being exported from Zambia, any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a felony and is liable to imprisonment for fourteen years. [As amended by No. 48 of 1938]
Section 372Verify source
§ 373Forfeiture ............................................................................................................................................................................. 106Amendment

If someone is convicted of an offence under this Chapter or Chapter XXXVI, the court must order forfeiture of certain forged, counterfeit, or offence-used items.

373. Forfeiture When any person is convicted of an offence under this Chapter, or Chapter XXXVI, the court shall order the forfeiture of any forged bank note or currency note or of any counterfeit coin, or any stamp, mould, tool, instrument, machine, press, or any coin, bullion or metal used or employed in the commission of any such offence. [As amended by No. 48 of 1938 and S.I. No. 63 of 1964] Chapter XXXVIII Counterfeit stamps
Section 373Verify source

Part

Chapter XXXVIII

§ 374Possession of die used for purpose of making stamps ...................................................................................... 106Amendment

It is an offence for any person, without lawful authority or excuse, to make, use, possess, dispose of, or tamper with dies, plates, instruments, paper, or stamps connected with making or reusing stamps for revenue or postal purposes.

374. Possession of die used for purpose of making stamps Any person who, without lawful authority or excuse, the proof of which lies on him— (a) makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his possession, or disposes of any die, plate, or instrument capable of making an impression resembling that made by any die, plate or instrument used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue or of the postal administration in Zambia, or in any foreign country, or capable of producing in or on paper any words, figures, letters, marks or lines resembling any words, figures, letters, marks, or lines used in or on any paper specially provided by the proper authority for any such purpose; or (b) knowingly has in his possession or disposes of any paper or other material which has on it the impression of any such die, plate, or instrument, or any paper which has on it or in it any such words, figures, letters, marks or lines as aforesaid; or (c) (d) (e) fraudulently, and with intent that use may be made of any such stamp as aforesaid, or of any part of it, removes the stamp from any material in any way whatever; or fraudulently, and with intent that use may be made of any part of such stamp, mutilates the stamp; or fraudulently fixes or places upon any material or upon any such stamp, any stamp or part of a stamp which has been in any way removed from any other material, or out of or from any other stamp; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 106 Penal Code, 1930 (Chapter 87) Zambia (f) fraudulently, and with intent that use may be made of any such stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, from such material anything whatever written on it; or (g) knowingly has in his possession or disposes of anything obtained or prepared by any such unlawful act as aforesaid; or (h) fraudulently or with intent to cause loss to the public revenue, uses for any purpose a stamp issued by Government for the purposes of revenue which he knows to have been previously used; is guilty of a felony and is liable to imprisonment for seven years, and any die, plate, instrument, paper or other thing as aforesaid which is found in his possession shall be forfeited. [As amended by No. 26 of 1940, G.N. No. 303 of 1964 and S.I. No. 63 of 1964]
Section 374Verify source
§ 375Paper and dies for postage stamps ........................................................................................................................... 107Amendment

A person without lawful authority or excuse must not make, use, possess, or deal in fake postage stamps or the tools/materials for making them.

375. Paper and dies for postage stamps (1) Any person who, without lawful authority or excuse, the proof of which lies on him— (a) makes, or begins or prepares to make, or uses for any postal purpose, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of the Republic, or of any foreign country; or (b) makes or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of any die, plate, instrument, or material for making any such imitation or representation; is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of one thousand and five hundred penalty units, and any stamps and any other such things as aforesaid, which are found in his possession, shall be forfeited. (2) For the purposes of this section, a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown. [As amended by S.I. No. 63 of 1964 and Act No. 13 of 1994] Chapter XXXIX Counterfeiting trade marks
Section 375Verify source

Part

Chapter XXXIX

§ 376Definition of trade mark ................................................................................................................................................ 107Interpretation

This section defines what counts as a trade mark.

376. Definition of trade mark A trade mark is— (a) a mark lawfully used by any person to denote any chattel to be an article or thing of the manufacture, workmanship, production, or merchandise of such person or to be an article or thing of any peculiar or particular description made or sold by such person; (b) any mark or sign which in pursuance of any written law in force for the time being relating to registered designs is to be put or placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under the provision of such law.
Section 376Verify source
§ 377Counterfeiting trade marks a misdemeanour ......................................................................................................... 107Amendment

Counterfeiting trade marks with intent to defraud is a misdemeanour, and listed goods and instruments may be forfeited.

377. Counterfeiting trade marks a misdemeanour (1) Any person who does any of the following things with intent to defraud or to enable another to defraud any person, that is to say: (a) forges or counterfeits any trade mark; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 107 Penal Code, 1930 (Chapter 87) Zambia (b) applies any trade mark or any forged or counterfeited trade mark to any chattel or article not being the merchandise of any person whose trade mark is so forged or counterfeited; (c) applies any trade mark or any forged or counterfeited trade mark to any chattel or article not being the particular or peculiar description of merchandise denoted or intended to be denoted by such trade mark or by such forged or counterfeited trade mark; (d) applies any trade mark or any forged or counterfeited trade mark to any thing intended for any purpose of trade or manufacture, or in, on, or with which any chattel or article is intended to be sold, or is sold or offered or exposed for sale; (e) encloses or places any chattel or article in, upon, under, or with anything to which any trade mark has been falsely applied, or to which any forged or counterfeit trade mark has been applied; (f) applies or attaches any chattel or article to any case, cover, reel, ticket, label, or other thing to which any trade mark has been falsely applied, or to which any false or counterfeit trade mark has been applied; (g) encloses, places, or attaches any chattel or article in, upon, under, with, or to any thing having thereon any trade mark of any other person; is guilty of a misdemeanour. (2) Every person committing any such misdemeanour as mentioned in subsection (1) shall forfeit— (a) all chattels and articles to which any such trade mark or counterfeit trade mark is applied or caused or procured to be applied; (b) every instrument for applying any such trade mark or counterfeit trade mark in his possession or power; (c) the chattels and articles and the things mentioned in paragraphs (d), (e) and (g) of subsection (1), and all similar things made to be used in like manner in his possession or power. [As amended by S.I. No. 63 of 1964] Chapter XL Personation
Section 377Verify source

Part

Chapter XL

§ 378Personation in general ................................................................................................................................................... 108Offence

It is an offence for a person, with intent to defraud, to falsely claim to be another person.

378. Personation in general (1) Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of a misdemeanour. (2) If the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the offence to obtain such property or possession thereof, he is liable to imprisonment for seven years.
Section 378Verify source
§ 379Falsely acknowledging deeds, recognizances, etc. .............................................................................................. 108Provision

A person must not falsely acknowledge a liability, deed, or other instrument in another person's name before a court or authorised person.

379. Falsely acknowledging deeds, recognizances, etc. Any person who, without lawful authority or excuse, the proof of which lies on him, makes in the name of any other person, before any court or person lawfully authorised to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, is guilty of a misdemeanour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 108 Penal Code, 1930 (Chapter 87) Zambia
Section 379Verify source
§ 380Personation of person named in certificate ........................................................................................................... 109Offence

A person commits an offence if they use a document issued to someone else and pretend to be the person named in it.

380. Personation of person named in certificate Any person who utters any document which has been issued by lawful authority to another person, and whereby that other person is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in 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.
Section 380Verify source
§ 381Lending, etc., certificate for personation ................................................................................................................ 109Provision

A person who has an officially issued certificate or similar document must not sell, give, or lend it to someone else if the purpose is for that other person to impersonate the named person.

381. Lending, etc., certificate for personation Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives, or lends the document to another person with intent that that other may represent himself to be the person named therein, is guilty of a misdemeanour.
Section 381Verify source
§ 382Personation of person named in testimonial of character ................................................................................ 109Provision

A person must not use a testimonial-of-character document to get employment; doing so is a misdemeanour punishable by up to one year in prison.

382. Personation of person named in testimonial of character Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, is guilty of a misdemeanour and is liable to imprisonment for one year.
Section 382Verify source
§ 383Lending, etc., testimonial for personation .............................................................................................................. 109Provision

A person who was given a certain document must not give, sell, or lend it to someone else if the aim is for that person to use it to get employment.

383. Lending, etc., testimonial for personation Any person who, being a person to whom any such document as is mentioned in the last preceding section has been given, gives, sells, or lends such document to another person with the intent that that other person may utter such document for the purpose of obtaining any employment, is guilty of a misdemeanour. VIII Chapter XLI
Section 383Verify source

Part

Chapter XLI

§ 388*** ........................................................................................................................................................................................... 109Repeal

Section 388 is repealed.

388. *** [repealed by Act 14 of 1980] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 109 Penal Code, 1930 (Chapter 87) Zambia IX – Attempts and conspiracies to commit crimes, and accessories after the fact Chapter XLII Attempts
Section 388Verify source

Part

Chapter XLII

§ 389Definition of attempt ...................................................................................................................................................... 110Interpretation

A person is deemed to attempt an offence if they intend to commit it, start carrying it out with adapted means, and show that intention by an overt act, but do not complete the offence.

389. Definition of attempt (1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is deemed to attempt to commit the offence. (2) It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention. (3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.
Section 389Verify source
§ 390Attempts to commit offences ...................................................................................................................................... 110Offence

A person who tries to commit a felony or misdemeanour commits an offence, and it is treated as a misdemeanour unless the law says otherwise.

390. Attempts to commit offences Any person who attempts to commit a felony or misdemeanour is guilty of an offence which, unless otherwise stated, is a misdemeanour.
Section 390Verify source
§ 391Punishment of attempts to commit certain felonies .......................................................................................... 110Amendment

A person who attempts one of the specified serious felonies commits a felony and, if no other punishment applies, may be imprisoned for seven years.

391. Punishment of attempts to commit certain felonies Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of life imprisonment imprisonment for a term of fourteen years or upwards, with or without other punishment, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years. [section 391 amended by section 17 of Act 23 of 2022]
Section 391Verify source
§ 392Attempts to procure commission of criminal acts ............................................................................................... 110Offence

Trying to get someone else to commit a crime is itself treated as an offence and punished accordingly.

392. Attempts to procure commission of criminal acts (1) Any person who attempts to procure another to do an act or make an omission of such a nature that if he himself were to do the act or make the omission he would be guilty of an offence, is himself to be deemed guilty of attempting to commit such offence and to be punishable accordingly. (2) Any person who, while in Zambia, attempts to procure another to do an act or make an omission at a place not in Zambia of such a nature— (a) (b) that if he were himself to do the act or make the omission in Zambia he would be guilty of an offence; and that if he were himself to do the act or make the omission at the place where the act or omission is proposed to be done or made he would himself be guilty of an offence under the laws in force at that place; is guilty of an offence of the same kind and is liable to the same punishment as if he were himself to attempt to do the same act or make the same omission in Zambia. [No. 28 of 1931] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 110 Penal Code, 1930 (Chapter 87) Zambia
Section 392Verify source
§ 393Neglect to prevent commission of a felony ........................................................................................................... 111Provision

A person who knows someone is planning or committing a felony must take all reasonable steps to stop it, or they commit a misdemeanour.

393. Neglect to prevent commission of a felony Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour. Chapter XLIII Conspiracies
Section 393Verify source

Part

Chapter XLIII

§ 394Conspiracy to commit felony ....................................................................................................................................... 111Offence

A person who conspires with another to commit a felony commits a felony and may be imprisoned for seven years, or less if a lower maximum applies to the underlying felony.

394. Conspiracy to commit felony Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Zambia would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.
Section 394Verify source
§ 395Conspiracy to commit misdemeanour ...................................................................................................................... 111Offence

A person who conspires with another to commit a misdemeanour, including a qualifying act outside Zambia, is guilty of a misdemeanour.

395. Conspiracy to commit misdemeanour Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Zambia would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour.
Section 395Verify source
§ 396Other conspiracies ........................................................................................................................................................... 111Amendment

A person who conspires with another to achieve certain unlawful or harmful purposes commits a misdemeanour, subject to a trade-dispute exception.

396. Other conspiracies Any person who conspires with another to effect any of the purposes following, that is to say: (a) to prevent or defeat the execution or enforcement of any Act, Statute, or Order; or (b) (c) to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; or to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value; or (d) to injure any person in his trade or profession; or (e) to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession, or occupation; or (f) to effect any unlawful purpose; or (g) to effect any lawful purpose by any unlawful means; is guilty of a misdemeanour: Provided that an agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute, as defined in the Industrial and Labour Relations Act, shall not be punishable under the provisions of this section if such act committed by one person would not be punishable as a crime. [As amended by No. 1 of 1952 and No. 7 of 1958] [Cap. 269] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 111 Penal Code, 1930 (Chapter 87) Zambia Chapter XLIV Accessories after the fact
Section 396Verify source

Part

Chapter XLIV

§ 397Definition of accessories after the fact .................................................................................................................... 112Interpretation

A person becomes an accessory after the fact if they knowingly receive or help someone who committed an offence so that the person can escape punishment, subject to listed spouse exceptions.

397. Definition of accessories after the fact (1) Any person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, is said to become an accessory after the fact to the offence. (2) A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting, in her husband's presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.
Section 397Verify source
§ 398Punishment of accessories after the fact to felonies .......................................................................................... 112Provision

A person who becomes an accessory after the fact to a felony commits a felony.

398. Punishment of accessories after the fact to felonies Any person who becomes an accessory after the fact to a felony is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for three years.
Section 398Verify source
§ 399Punishment of accessories after the fact to misdemeanours .......................................................................... 112Repeal

A person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour.

399. Punishment of accessories after the fact to misdemeanours Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour. Schedule (Section 27) [Schedule repealed by section 7 of Act 10 of 2003] Second Schedule (Section 33) Particulars of non citizen convicted of offences
Section 399Verify source

Part

Schedule (Section 27)

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

The form asks for the accused person's full name.

1. Full name of the accused ________________________
Section 1Verify source
§ 2Saving of certain laws .................................................................................................................................................................... 1Provision

This section is labeled “Postal address.”

2. Postal address ______________________________
Section 2Verify source
§ 3General rule of interpretation ...................................................................................................................................................... 2Interpretation

Residential address field.

3. Residential address __________________________
Section 3Verify source
§ 4Interpretation ...................................................................................................................................................................................... 2Interpretation

4. Sex ________________________________________

4. Sex ________________________________________
Section 4Verify source
§ 5Extent of jurisdiction of local courts ......................................................................................................................................... 5Provision

A form field for entering date and place of birth.

5. Date and place of birth ______________________
Section 5Verify source
§ 6Liability for offences committed outside the jurisdiction, or partly within and partly beyond theOffence

This text is a form field asking for a father's full name.

6. Father's full name ______________________________
Section 6Verify source
§ 7Ignorance of law ................................................................................................................................................................................ 5Provision

Heading for recording the date of first entry into Zambia.

7. Date of first entry into Zambia ____________________
Section 7Verify source
§ 8Bona fide claim of right ................................................................................................................................................................. 5Provision

Section title only: Duration of stay in Zambia.

8. Duration of stay in Zambia ________________________
Section 8Verify source
§ 9Intention and motive ....................................................................................................................................................................... 5Provision

Section heading only: “Occupation in in Zambia.”

9. Occupation in in Zambia ______________________
Section 9Verify source
§ 10Mistake of fact ................................................................................................................................................................................. 6Offence

Section title only: offence for which the accused was charged and convicted.

10. Offence for which accused was charged and convicted _______________
Section 10Verify source
§ 11Presumption of sanity ................................................................................................................................................................... 6Provision

Section heading: “Term of Imprisonment.”

11. Term of Imprisonment ______________________
Section 11Verify source
§ 12Insanity ............................................................................................................................................................................................... 6Commencement

This provision is a date field for when the accused started serving imprisonment.

12. Date on which accused commenced serving imprisonment ______________
Section 12Verify source
§ 13Intoxication ....................................................................................................................................................................................... 6Provision

This provision is a form field for noting any previous conviction.

13. Previous Conviction (if any) ____________________________
Section 13Verify source
§ 14Age of criminal responsibility of child ................................................................................................................................... 7Offence

This provision is titled “Offence for which previously convicted.”

14. Offence for which previously convicted ______________________ By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 112 Penal Code, 1930 (Chapter 87) Zambia
Section 14Verify source
§ 15Judicial officers ................................................................................................................................................................................ 7Provision

This provision concerns sentencing for a previous conviction.

15. Sentence for the previous conviction ______________________
Section 15Verify source
§ 16Defence of duress or coercion ................................................................................................................................................... 7Provision

Section heading: Race or declared national status.

16. Race or declared national status ______________________
Section 16Verify source
§ 17Defence of person or property .................................................................................................................................................. 7Provision

This line is a blank form field asking for the name of the country of which the person is a citizen.

17. Name of the country of which he is a citizen __________________
Section 17Verify source
§ 18Use of force in effecting arrest ................................................................................................................................................. 8Provision

A passport number may be entered if the person has one.

18. Passport Number (if any) ______________________________
Section 18Verify source
§ 19*** .......................................................................................................................................................................................................... 8Provision

This section states the date and place of issue.

19. Date and place of issue __________________________
Section 19Verify source
§ 20Person not to be punished twice for same offence ........................................................................................................... 8Offence

20. Dated at ________ this ________ day of __________ 19 ____ By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 113

20. Dated at ________ this ________ day of __________ 19 ____ By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 113
Section 20Verify source

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  • 26 Dec 2023 · currentEnglish

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