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Criminal Procedure Code, 1933

A person who has already been tried, convicted, or acquitted for an offence cannot be tried again on the same facts for the same offence while that conviction or acquittal remains in force. A pers…

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Jurisdiction
Zambia
Structure
466 provisions
Citation
Act 23 of 1933
Dates
Source version 31 Dec 1996
More statute details
Dates
Source version 31 Dec 1996

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01

Purpose and legislative effect

“A person who has already been tried, convicted, or acquitted for an offence cannot be tried again on the same facts for the same offence while that conviction or acquittal remains in force.”

A person who has already been tried, convicted, or acquitted for an offence cannot be tried again on the same facts for the same offence while that conviction or acquittal remains in force. A person who was convicted or acquitted of an offence may later be tried for another offence linked to the former trial under section 135(1). If later consequences create a different offence, a person who was already convicted or acquitted may be tried for that different offence. A person who was convicted or acquitted of an offence based on certain acts may still be charged and tried for another offence based on the same acts if the first court was not competent to try it. This section says how a previous conviction can be proved in proceedings under the Code, including by certified records, prison certificates, warrant production, fingerprint-based certificates, or foreign conviction certificates, and it allows a court in some cases to consider a prior conviction after notice has been served.

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Showing 200 of 466 provisions

Offence 94Provision 85Amendment 14Interpretation 3

Part

Part XI – Appeals

§ 334Appeals to be heard by one Judge unless the Chief Justice otherwise directs .......................................................... 89Provision

Appeals from subordinate courts to the High Court are normally heard by one Judge, unless the Chief Justice directs a panel of more than one Judge.

334. Appeals to be heard by one Judge unless the Chief Justice otherwise directs (1) Appeals from subordinate courts to the High Court shall be heard by one Judge except where the Chief Justice shall direct that the appeal be heard by more than one Judge. (2) Where an appeal is heard by more than one Judge and such Judges are divided equally in opinion, the appeal shall be dismissed. [No. 11 of 1963]
Section 334Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision

An appeal from a subordinate court generally ends if the appellant dies, except for appeals from a sentence of fine.

335. Abatement of appeals Every appeal from a subordinate court (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.
Section 335Verify source
§ 336Bail in cases of appeals to Supreme Court ............................................................................................................................ 89Amendment

The High Court may, on an appellant’s application in a criminal appeal or application for leave to appeal to the Supreme Court, grant bail, treat the appellant as an unconvicted prisoner, or postpone payment of a fine.

336. Bail in cases of appeals to Supreme Court (1) The High Court may, if it deems fit, on the application of an appellant from a judgment of that Court and pending the determination of his appeal or application for leave to appeal to the Supreme Court in a criminal matte— (a) admit the appellant to bail, or if it does not so admit him, direct him to be treated as an unconvicted prisoner pending the determination of his appeal or of his application for leave to appeal, as the case may be; and (b) postpone the payment of any fine imposed upon him. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 89 Criminal Procedure Code, 1933 (Chapter 88) Zambia (2) The time during which an appellant, pending the determination of his appeal, is admitted to bail, and, subject to any directions which the Supreme Court may give to the contrary in any appeal, the time during which the appellant, if in custody, is treated as an unconvicted prisoner under this section, shall not count as part of any term of imprisonment under his sentence. Any imprisonment under the sentence of the appellant, whether it is the sentence passed by the court of trial or by the High Court in its appellate jurisdiction or the sentence passed by the Supreme Court, shall, subject to any directions which the Supreme Court may give to the contrary, be deemed to be resumed or to begin to run, as the case requires— (a) if the appellant is in custody, as from the day on which the appeal is determined; (b) if the appellant is not in custody, as from the day on which he is received into gaol under the sentence. [No. 47 of 1955 as amended by G.N. No. 303 of 1964, No. 23 of 1971 and 30 of 1976]
Section 336Verify source
§ 337Power of High Court to call for records ............................................................................................................................ 90Provision

The High Court may call for and examine records of criminal proceedings from a subordinate court.

337. Power of High Court to call for records Revision The High Court may call for and examine the record of any criminal proceedings before any subordinate court, for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed; and as to the regularity of any proceedings of any such subordinate court.
Section 337Verify source
§ 338Powers of High Court on revision ....................................................................................................................................... 90Substitution

The High Court may revise subordinate-court proceedings, including convictions and other orders, but must respect the accused person’s chance to make written representations and cannot act while certain appeals or case-stated applications are pending unless the stated exceptions apply.

338. Powers of High Court on revision (1) In the case of any proceedings in a subordinate court, the record of which has been called for, or which otherwise comes to its knowledge, the High Court may— (a) in the case of a conviction— (i) (ii) confirm, vary or reverse the decision of the subordinate court, or order that the person convicted be retried by a subordinate court of competent jurisdiction or by the High Court, or make such other order in the matter as to it may seem just, and may by such order exercise any power which the subordinate court might have exercised; if it thinks a different sentence should have been passed, quash the sentence passed by the subordinate court and pass such other sentence warranted in law, whether more or less severe, in substitution therefor as it thinks ought to have been passed; (iii) if it thinks additional evidence is necessary, either take such additional evidence itself or direct that it be taken by the subordinate court; (iv) direct the subordinate court to impose such sentence or make such order as may be specified; (b) in the case of any other order, other than an order of acquittal, alter or reverse such order. (2) No order under this section shall be made to the prejudice of an accused person unless he has had an opportunity of making representations in writing on his own behalf. (3) The High Court shall not exercise any powers under this section in respect of any convicted person who has appealed, unless such appeal is withdrawn, or who has made application for a case to be stated, unless the subordinate court concerned refuses to state a case under the provisions of section three hundred and forty-three. (4) Nothing in this section shall be to the prejudice of the exercise of any right of appeal given under this Code or under any other law. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 90 Criminal Procedure Code, 1933 (Chapter 88) Zambia (5) The provisions of subsections (2), (3) and (4) of section three hundred and thirty-three shall apply, mutatis mutandis, in respect of any additional evidence. (6) When the High Court gives a direction under subparagraph (iv) of paragraph (a) of subsection (1), the record of the proceedings shall be returned to the subordinate court and that court shall comply with the said direction. [As amended by No. 16 of 1959 and No. 11 of 1963]
Section 338Verify source
§ 339Discretion of High Court as to hearing parties .............................................................................................................. 91Amendment

In revision proceedings, parties have no automatic right to be heard by the High Court, but the Court may choose to hear them.

339. Discretion of High Court as to hearing parties No party has any right to be heard, either personally or by advocate, before the High Court when exercising its powers of revision: Provided that the High Court may, if it thinks fit, when exercising such powers, hear any party either personally or by advocate. [As amended by G.N. No. 493 of 1964]
Section 339Verify source
§ 340Order to be certified to lower court ................................................................................................................................... 91Amendment

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

340. Order to be certified to lower court When a case is revised by the High Court, the Court shall certify its decision or order to the court by which the sentence or order, so revised, was recorded or passed, and the court to which the decision or order is so certified shall, thereupon, make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith. [As amended by G.N. No. 493 of 1964]
Section 340Verify source
§ 341Case stated by subordinate court ........................................................................................................................................ 91Provision

A dissatisfied party may ask the subordinate court to state a case for the High Court within 14 days, and the appellant must then send it to the High Court and serve the other party within the stated time limits.

341. Case stated by subordinate court Case stated After the hearing and determination by any subordinate court of any summons, charge, information or complaint, either party to the proceedings before the said subordinate court may, if dissatisfied with the said determination, as being erroneous in point of law, or as being in excess of jurisdiction, apply in writing, within fourteen days after the said determination, to the said subordinate court to state and sign a case setting forth the facts and the grounds of such determination, for the opinion thereon of the High Court, and such party (hereinafter called "the appellant") shall— (a) within fourteen days after receiving the case transmit the same to the High Court; and (b) within thirty days after receiving the case serve a copy of the case so stated and signed on the other party to the proceedings in which the determination was given (hereinafter called "the respondent"). [No. 28 of 1940]
Section 341Verify source
§ 342Recognizance to be taken and fees paid .......................................................................................................................... 91Amendment

An appellant must enter recognizance, pay the required fees, and meet the stated conditions before the case is delivered.

342. Recognizance to be taken and fees paid The appellant, at the time of making such application, and before the case shall be stated and delivered to him by the subordinate court, shall, in every instance, enter into a recognizance before such subordinate court, with or without surety or sureties, and in such sum not exceeding one hundred kwacha as to the subordinate court shall seem meet, conditioned to prosecute without delay such appeal, and to submit to the judgment of the High Court, and to pay such costs as may be awarded by the same; and, before he shall be entitled to have the case delivered to him, he shall pay to the clerk of such subordinate court his fees for and in respect of the case and recognizance, which fees shall be in accordance with the Third Schedule. The appellant, if then in custody, shall be liberated upon the recognizance being further conditioned for his appearance before the same subordinate court, or, if that is impracticable, before some other subordinate court exercising the same jurisdiction, within fourteen days after the judgment of the High By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 91 Criminal Procedure Code, 1933 (Chapter 88) Zambia Court shall have been given, to abide such judgment, unless the determination appealed against be reversed: Provided that nothing in this section shall apply to an application for a case stated by or under the direction of the Director of Public Prosecutions. [As amended by S.I. No. 152 of 1965]
Section 342Verify source
§ 343Subordinate court may refuse case when it thinks application frivolous ............................................................. 92Amendment

A subordinate court may refuse to state a case if it thinks the application is frivolous, but it must not refuse when the request is made by or under the Director of Public Prosecutions’ direction.

343. Subordinate court may refuse case when it thinks application frivolous If the subordinate court be of opinion that the application is merely frivolous, but not otherwise, it may refuse to state a case, and shall, on the request of the appellant, and on payment of the fee set out in the Third Schedule, sign and deliver to him a certificate of such refusal: Provided that the subordinate court shall not refuse to state a case when the application for that purpose is made to it by or under the direction of the Director of Public Prosecutions, who may require a case to be stated with reference to proceedings to which he was not a party. [As amended by S.I. No. 63 of 1964]
Section 343Verify source
§ 344Procedure on refusal of subordinate court to state case ............................................................................................ 92Provision

If a subordinate court refuses to state a case, the High Court may, on application by the person who asked for it, issue a mandamus order requiring the subordinate court to state a case.

344. Procedure on refusal of subordinate court to state case Where a subordinate court refuses to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the subordinate court to state a case.
Section 344Verify source
§ 345Constitution of court hearing case stated ........................................................................................................................ 92Provision

A case stated for the High Court is normally heard by one Judge, but the Chief Justice may direct that two Judges hear it.

345. Constitution of court hearing case stated A case stated for the opinion of the High Court shall be heard by one Judge of the Court except when, in any particular case, the Chief Justice shall direct that it shall be heard by two Judges. Such direction may be given before the hearing or at any time before judgment is delivered. If, on the hearing, the Court is equally divided in opinion, the decision of the subordinate court shall be affirmed. [No. 2 of 1960]
Section 345Verify source
§ 346High Court to determine questions on case ................................................................................................................... 92Amendment

The High Court must decide the legal questions in a stated case and can reverse, affirm, amend, remit, or make other orders, including costs orders.

346. High Court to determine questions on case The High Court shall (subject to the provisions of the next succeeding section) hear and determine the question or questions of law arising on the case stated, and shall, thereupon, reverse, affirm or amend the determination in respect of which the case has been stated, or remit the matter to the subordinate court with the opinion of the High Court thereon, or may make such other order in relation to the matter, and may make such order as to costs, as to the Court may seem fit, and all such orders shall be final and conclusive on all parties: Provided that— (i) no magistrate who shall state and deliver a case in pursuance of this Part, or bona fide refuse to state one, shall be liable to any costs in respect or by reason of such appeal against his determination or refusal; (ii) no costs shall be awarded against the People, except where the People are the appellant. [As amended by S.I. No. 63 of 1964]
Section 346Verify source
§ 347Case may be sent back for amendment or rehearing .................................................................................................. 92Amendment

The High Court may send a case back for amendment or restatement, or remit it to a subordinate court for rehearing and determination.

347. Case may be sent back for amendment or rehearing The High Court shall have power, if it thinks fit— (a) to cause the case to be sent back for amendment or restatement, and, thereupon, the same shall be amended or restated accordingly, and judgment shall be delivered after it has been so amended or restated; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 92 Criminal Procedure Code, 1933 (Chapter 88) Zambia (b) to remit the case to the subordinate court for rehearing and determination, with such directions as it may deem necessary.
Section 347Verify source
§ 348Powers of subordinate court after decision of High Court ......................................................................................... 93Commencement

After the High Court decides a stated case, the relevant subordinate court may enforce the affirmed, amended, or made conviction or order, and the magistrate is protected from proceedings for doing so because of defects in it.

348. Powers of subordinate court after decision of High Court After the decision of the High Court has been given on a case stated, the subordinate court in relation to whose determination the case has been stated, or any other subordinate court exercising the same jurisdiction, shall have the same authority to enforce any conviction or order which may have been affirmed, amended or made by the High Court as the subordinate court which originally decided the case would have had to enforce its determination, if the same had not been appealed against; and no action or proceeding whatsoever shall be commenced or had against the magistrate holding such subordinate court for enforcing such conviction or order, by reason of any defect in the same respectively.
Section 348Verify source
§ 349Appellant may not proceed both by case stated and by appeal .............................................................................. 93Provision

A person cannot use both routes: if they appealed under section 321, they cannot have a case stated; if they applied for a case stated, they cannot appeal under section 321.

349. Appellant may not proceed both by case stated and by appeal No person who has appealed under section three hundred and twenty-one shall be entitled to have a case stated, and no person who has applied to have a case stated shall be entitled to appeal under section three hundred and twenty-one.
Section 349Verify source
§ 350Contents of case stated .......................................................................................................................................................... 93Amendment

A subordinate court’s case stated must include the charge, facts proved, legal submissions, finding and any sentence, plus any questions of law for the High Court or required by the Director of Public Prosecutions.

350. Contents of case stated A case stated by a subordinate court shall set out— (a) the charge, summons, information or complaint; (b) the facts found by the subordinate court to be proved; (c) any submission of law made by or on behalf of the complainant during the trial or inquiry; (d) any submission of law made by or on behalf of the accused during the trial or inquiry; (e) the finding and, in case of conviction, the sentence of the subordinate court; (f) any question or questions of law which the subordinate court or any of the parties may desire to be submitted for the opinion of the High Court; (g) any question of law which the Director of Public Prosecutions may require to be submitted for the opinion of the High Court. [As amended by S.I. No. 63 of 1964]
Section 350Verify source
§ 351High Court may enlarge time ............................................................................................................................................... 93Amendment

The High Court may, if it thinks fit, extend time periods set by sections 341 or 342.

351. High Court may enlarge time The High Court may, if it deems fit, enlarge any period of time prescribed by section three hundred and forty-one or three hundred and forty-two. [As amended by No. 5 of 1962]
Section 351Verify source
§ 351AInterpretation ........................................................................................................................................................................... 93Interpretation

In this Part, “appellate court” means the High Court.

351A. Interpretation In this Part, "appellate court" means the High Court. [No. 23 of 1971] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 93 Criminal Procedure Code, 1933 (Chapter 88) Zambia Part XII – Supplementary provisions Irregular proceedings
Section 351AVerify source

Part

Part XII – Supplementary provisions

§ 352Proceedings in wrong place .................................................................................................................................................. 94Amendment

Courts should not set aside a finding, sentence, or order just because the proceeding happened in the wrong district, unless that error caused a substantial miscarriage of justice.

352. Proceedings in wrong place No finding, sentence or order of any court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed took place in a wrong district, unless it appears that such error has in fact occasioned a substantial miscarriage of justice. [As amended by No. 16 of 1959]
Section 352Verify source
§ 353Finding or sentence when not reversible ......................................................................................................................... 94Provision

A court should not reverse or alter a finding, sentence, or order on appeal or revision unless the issue caused a substantial miscarriage of justice.

353. Finding or sentence when not reversible Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on any ground whatsoever unless any matter raised in such ground has, in the opinion of the appellate court, in fact occasioned a substantial miscarriage of justice: Provided that, in determining whether any such matter has occasioned a substantial miscarriage of justice, the court shall have regard to the question whether the objection could and should have been raised at an earlier stage in the proceeding. [No. 16 of 1959]
Section 353Verify source
§ 354Distress not illegal nor distrainer a trespasser for defect or want of form in proceedings ............................. 94Provision

A distress made under this Code is not unlawful, and the person making it is not a trespasser, just because of defects in the summons, conviction, warrant of distress, or related proceedings.

354. Distress not illegal nor distrainer a trespasser for defect or want of form in proceedings No distress made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress or other proceedings relating thereto.
Section 354Verify source
§ 355Disposal of exhibits .................................................................................................................................................................. 94Provision

The court may sell, destroy, dispose of, or return exhibits in criminal proceedings, and must deal with sale proceeds as required.

355. Disposal of exhibits Miscellaneous (1) Where any thing which has been tendered or put in evidence in any criminal proceedings before any court has not been claimed by any person who appears to the court to be entitled thereto within a period of twelve months after the final disposal of such proceedings or of any appeal entered in respect thereof, such thing may be sold, destroyed or otherwise disposed of in such manner as the court may by order direct, and the proceeds of any such sale shall be paid into the general revenues of the Republic. (2) If any thing which has been tendered or put in evidence in any criminal proceedings before any court is subject to speedy and natural decay the court may, at any stage of the proceedings or at any time after the final disposal of such proceedings, order that it be sold or otherwise disposed of but shall hold the proceeds of any such sale and, if unclaimed at the expiration of a period of twelve months after the final disposal of such proceedings or of any appeal entered in respect thereof, shall pay such proceeds into the general revenues of the Republic. (3) Notwithstanding the provisions of subsection (1), the court may, if it is satisfied that it would be just and equitable so to do, order that any thing tendered or put in evidence in criminal proceedings before it should be returned at any stage of the proceedings or at any time after the final disposal of such proceedings to the person who appears to be entitled thereto, subject to such conditions as the court may see fit to impose. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 94 Criminal Procedure Code, 1933 (Chapter 88) Zambia (4) Any order of a court made under the provisions of subsection (1) or (2) shall be final and shall operate as a bar to any claim by or on behalf of any person claiming ownership of or any interest in such thing by virtue of any title arising prior to the date of such order. [No. 11 of 1963]
Section 355Verify source
§ 356Corporations ................................................................................................................................................................................. 95Offence

This section lets a corporation act through a properly appointed representative in court, and sets what happens if the representative appears or does not appear.

356. Corporations (1) Where a corporation is charged with an offence before a court, the provisions of this section shall have effect. (2) A representative may, on behalf of the corporation, make a statement before the court in answer to the charge. (3) Where a representative appears, any requirement of this Code that anything shall be done in the presence of the accused, or shall be read or said to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or said to the representative. (4) Where a representative does not appear, any requirement referred to in subsection (3) shall not apply. (5) A subordinate court may, after holding an inquiry in accordance with the provisions of Part VII, make an order certifying that it considers the evidence against an accused corporation sufficient to put that corporation on its trial and the corporation shall thereupon be deemed to have been committed for trial to the High Court. (6) Where, at the trial of a corporation, a representative does not appear at the time appointed in and by the summons or information or such representative having appeared fails to enter any plea, the court shall order a plea of "not guilty" to be entered and the trial shall proceed as though the corporation had duly entered a plea of "not guilty". (7) Subject to the provisions of subsections (2) to (6), both inclusive, the provisions of this Code relating to the inquiry into and to the trial by any court of offences shall apply to a corporation as they apply to an individual over the age of twenty-one years. (8) In this section, "representative" means a person duly appointed in accordance with subsection (9) by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this section authorised to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose. (9) A representative for the purposes of this section need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, shall be admissible without further proof as prima facie evidence that that person has been so appointed. [No. 76 of 1965]
Section 356Verify source
§ 357Prescribed fees ............................................................................................................................................................................ 95Substitution

The Chief Justice may set fees for High Court and subordinate court proceedings, and the party prosecuting must pay them unless the court of trial dispenses with payment for poverty or another good reason.

357. Prescribed fees In addition to or in substitution for the fees set forth in the Third Schedule, the Chief Justice may prescribe the fees to be paid for any proceedings in the High Court and in subordinate courts. Such fees shall be paid by the party prosecuting, and may be charged as part of the costs, if so ordered. The payment of fees may, on account of the poverty of any person or for other good reason, be dispensed with by the court of trial. [As amended by No. 2 of 1960] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 95 Criminal Procedure Code, 1933 (Chapter 88) Zambia
Section 357Verify source
§ 358Prescribed forms ........................................................................................................................................................................ 96Provision

The Chief Justice may make rules prescribing forms for this Code; forms in the Fourth Schedule are treated as prescribed under this section.

358. Prescribed forms (1) The Chief Justice may by rule prescribe forms for the purposes of this Code, and such forms, with such variations as the circumstances of each case may require, may be used and, if used, shall be sufficient for the respective purposes therein mentioned. (2) The forms in the Fourth Schedule shall be deemed to have been prescribed by the Chief Justice under the provisions of this section. [No. 2 of 1960]
Section 358Verify source
§ 359Rules ............................................................................................................................................................................................... 96Amendment

The Chief Justice may make rules by statutory instrument for better administration of this Code.

359. Rules (1) The Chief Justice may, by statutory instrument, make rules for the better administration of this Code. (2) In particular and without prejudice to the generality of the foregoing, such rules may— (a) prescribe anything which by this Code may or is to be prescribed; (b) prescribe the allowances and expenses of witnesses and assessors; (c) make provisions for the procedure to be followed in relation to appeals under this Code; (d) amend the Second Schedule by varying or annulling forms contained therein or by adding new forms thereto. [No. 11 of 1963] Non-application of British Act
Section 359Verify source
§ 360Non-application .......................................................................................................................................................................... 96Interpretation

The Criminal Evidence Act, 1898 (UK) does not apply to the Republic.

360. Non-application The Criminal Evidence Act, 1898, of the United Kingdom, shall not apply to the Republic. First Schedule (Section 2) Offences under the Penal Code Explanatory Note.-The entries in the second and fourth columns of this Schedule, headed respectively "Offence" and "Punishment under the Penal Code", are not intended as definitions of the offences and punishments described in the several corresponding sections of the Penal Code or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the first column. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 96 Criminal Procedure Code, 1933 (Chapter 88) Zambia Section Offence Chapter V - Parties to offences Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 360Verify source

Part

Chapter V - Parties to offences

§ 21No unnecessary restraint ............................................................................................................................................................. 6Offence

Police may arrest without warrant for aiding, abetting, counselling, or procuring an offence only when the underlying offence itself allows arrest without warrant.

21. Aiding, abetting, counselling or procuring the commission of an offence. May arrest without warrant, if arrest for the offence aided, abetted, counselled or procured may be made without warrant, but not otherwise. Same punishment as for the offence aided abetted, counselled or procured. Division I - Offences against public order Chapter VII-Treason and other offences Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 21Verify source

Part

Chapter VII-Treason and other offences

§ 49Power to dispense with personal attendance ................................................................................................................... 12Offence

This section lists several treason-related offences and the penalties attached to them, including arrest without warrant and terms of imprisonment.

49. Treason. May arrest without warrant Death Misprision of treason. Ditto. Imprisonment for life. Treason-felony. May arrest without warrant Imprisonment for twenty years. Promoting tribal war. Ditto. Imprisonment for life. Inciting to mutiny. Ditto. Ditto. Aiding in acts of mutiny Shall not arrest without warrant. Imprisonment for two years.
Section 49Verify source
§ 50Inquiry as to truth of information ......................................................................................................................................... 12Offence

This section says inducing desertion is an offence and carries imprisonment for six months.

50. Inducing desertion. Ditto. Imprisonment for six months. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 97 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division I - Offences against public order
Section 50Verify source
§ 51Order to give security ................................................................................................................................................................ 13Provision

This section names aiding a prisoner of war to escape, says arrest without warrant is permitted, and sets imprisonment for life.

51. (a) Aiding prisoner of war to escape. May arrest without warrant. Imprisonment for life.
Section 51Verify source
§ 51Order to give security ................................................................................................................................................................ 13Provision

This provision refers to permitting a prisoner of war to escape, says arrest must not be without a warrant, and provides imprisonment for two years.

51. (b) Permitting prisoner of war to escape. Shall not arrest without warrant. Imprisonment for two years.
Section 51Verify source
§ 54Contents of bond ......................................................................................................................................................................... 13Offence

This section refers to offences involving prohibited publication and says arrest without warrant is allowed.

54.(1) Offences in respect of prohibited publication. May arrest without warrant.
Section 54Verify source
§ 54Contents of bond ......................................................................................................................................................................... 13Provision

This subsection refers to possession of a prohibited publication.

54.(2) Possession of prohibited publication Ditto.
Section 54Verify source
§ 55Power to reject sureties ............................................................................................................................................................ 13Provision

This section refers to failure to deliver possession of a prohibited publication and says arrest may be made without warrant.

55. Failure to deliver pos- session of prohibited publication. May arrest without warrant.
Section 55Verify source
§ 57Power to release persons imprisoned for failure to give security .............................................................................. 14Offence

This section is headed as offences relating to seditious practices.

57.(1) Offences in respect of seditious practices. Ditto.
Section 57Verify source
§ 57Power to release persons imprisoned for failure to give security .............................................................................. 14Offence

This provision sets imprisonment and fine penalties for possession of seditious publication and related offences, with different penalties for first and subsequent offences.

57.(2) Possession seditious publication. Ditto. Imprisonment for two years or fine of three thousand penalty units or both for first offence. Imprisonment for three years for subsequent offence. Imprisonment for one year or fine of one thousand five hundred penalty units or both for first offence. Imprisonment for two years for subsequent offence. Imprisonment for one year or fine of one thousand five hundred penalty units or both. Imprisonment for seven years or fine of six thousand penalty units or both for first offence. Imprisonment for two years or fine of three thousand penalty units or both for first offence. Imprisonment for five years for subsequent offence.
Section 57Verify source
§ 58DSection 58DProvision

Insulting the National Anthem may lead to arrest without warrant and imprisonment for two years.

58D. Insulting National Anthem May arrest without warrant Imprisonment for two years
Section 58DVerify source
§ 58ESection 58EProvision

Defaming the President Ditto is punishable by imprisonment for three years.

58E. Defamation of President Ditto Imprisonment for three years.
Section 58EVerify source
§ 58Power of High Court to cancel bond .................................................................................................................................... 14Offence

This provision sets imprisonment penalties for expressing hatred, ridicule, or contempt toward persons based on race, tribe, place of origin, or colour, and for administering or taking certain unlawful oaths.

58.F. Expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of origin or colour Ditto Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 98 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division I - Offences against public order Administering or taking - oath to commit capital offence. Ditto. Imprisonment for life. Administering or taking - other unlawful oaths. Ditto. Imprisonment for seven years.
Section 58Verify source
§ 66Accused person to be sent ot district where offence committed ............................................................................... 15Offence

Being unlawfully drilled is punishable by imprisonment for two years.

66.(2) Being unlawfully drilled. Ditto. Imprisonment for two years.
Section 66Verify source
§ 70Trial at place where act done or where consequence of offence ensues ................................................................ 16Amendment

The section lists several offences and says they are punishable by imprisonment for two or three years.

70. False information with certain intents. Ditto. Imprisonment for three years. Insulting national anthem. Ditto. Imprisonment for two years. Defamation of President. Ditto. Imprisonment for three years. Ditto. Imprisonment for two years. Expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of origin or colour. [As amended by Act 9 of 1968] Chapter Vlll - Offences affecting relations with foreign states and external tranquillity Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 70Verify source

Part

Chapter Vlll - Offences affecting relations with foreign states and external tranquillity

§ 71Trial where offence is connected with another offence ................................................................................................ 16Offence

This section mentions defamation of foreign princes, says arrest must not happen without a warrant, and mentions imprisonment for two years.

71. Defamation of foreign princes. Shall not arrest without warrant. Imprisonment for two years.
Section 71Verify source
§ 72Trial where place of offence is uncertain ........................................................................................................................... 16Offence

72. Foreign enlistment. Ditto. Ditto. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 99 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter Vlll - Offences affecting relations with foreign states and

72. Foreign enlistment. Ditto. Ditto. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 99 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter Vlll - Offences affecting relations with foreign states and external tranquillity
Section 72Verify source
§ 72A(1)Provision

Possession of firearms and other offensive weapons is punished by imprisonment for seven years.

72A.(1) Possession of firearms and other offensive weapons Ditto Imprisonment for seven years.
Section 72AVerify source
§ 72A(3)Provision

This provision states that consorting with people possessing firearms or other offensive weapons, and delivering firearms to persons for prejudicial public-order purposes, is punishable by five years’ imprisonment.

72A.(3) Consorting with persons in possession of firearms and other offensive weapons Delivery of firearms to persons for purposes prejudicial to public order Ditto Ditto Imprisonment for five years. Imprisonment for five years.
Section 72AVerify source
§ 72A(4)Provision

Possessing offensive weapons in public is punishable by one year’s imprisonment.

72A.(4) Possession of offensive weapons in public Ditto Imprisonment for one year.
Section 72AVerify source
§ 73Offence near boundary of district .......................................................................................................................................... 17Offence

Police may arrest without warrant for this offence; punishment is as prescribed by law of England.

73. Piracy. May arrest without warrant. Punishment prescribed by law of England. Chapter IX- Unlawful assemblies, riots and other offences against public tranquility Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 73Verify source

Part

Chapter IX- Unlawful assemblies, riots and other offences against public tranquility

§ 83Criminal informations by Director of Public Prosecutions ............................................................................................ 20Offence

Section 83 lists several public-order offences and their penalties, and says a person may be arrested without warrant.

83. Unlawful assembly. May arrest without warrant. Imprisonment for five years. Riot. Ditto. Imprisonment for seven years. Rioting after proclamation. Ditto. Imprisonment for ten years. Obstructing proclamation. Ditto. Ditto. Rioters destroying buildings. Ditto. Imprisonment for life. Rioters injuring buildings. Ditto. Imprisonment for seven years. Riotously interfering with railway, etc. Ditto. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 100 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter IX- Unlawful assemblies, riots and other offences against public tranquility
Section 83Verify source
§ 84Signature of Director of Public Prosecutions to be evidence ...................................................................................... 20Provision

Section 84 is titled “Going armed in public.”

84. Going armed in public. Ditto. Ditto.
Section 84Verify source
§ 85Arrest of persons for offences requiring the consent of the Director of Public Prosecutions forOffence

Possessing offensive weapons or materials carries imprisonment for seven years.

85.(1) Possession of offensive weapons or materials. Ditto. Imprisonment for seven years.
Section 85Verify source
§ 88Withdrawal from prosecution in trials before subordinate courts ............................................................................. 21Offence

This section sets penalties for forcible entry, forcible detainer, and committing affray.

88. Forcible entry. Ditto. Imprisonment for two years. Forcible detainer. Ditto. Ditto. Committing affray. Ditto. Imprisonment for six months or fine of seven hundred and fifty penalty units.
Section 88Verify source
§ 89Permission to conduct prosecution ....................................................................................................................................... 21Offence

The provision says challenging someone to a duel is an offence and the penalty is imprisonment for two years.

89. Challenging to fight a duel. Shall not arrest without warrant. Imprisonment for two years.
Section 89Verify source
§ 93Services of summons .................................................................................................................................................................. 23Offence

This section lists several offences and their punishments, including imprisonment terms and one fine in penalty units.

93. Threatening violence. May arrest without warrant. Imprisonment for five years. Proposing violence. Ditto. Imprisonment for seven years. Wrongfully inducing boycott. Ditto. Imprisonment for six months. Assembling for purpose of smuggling. Ditto. Imprisonment for six months or fine of three thousand penalty units. Division II - Offences against the administration of lawful authority Chapter X - Corruption and abuse of office Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 93Verify source

Part

Chapter X - Corruption and abuse of office

§ 98Proof of service when serving officer not present ........................................................................................................... 23Offence

Officials making false claims are punishable by imprisonment for two years.

98. False claims by officials. Ditto. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 101 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division II - Offences against the administration of lawful authority
Section 98Verify source
§ 99Power to dispense with personal attendance of accused ............................................................................................. 24Offence

This provision states an offence of abuse of office and provides imprisonment for three years.

99. Abuse of office. Ditto (if for purposes of gain). Ditto. Ditto. Ditto. Imprisonment for three years.
Section 99Verify source
§ 101Summons disobeyed ................................................................................................................................................................. 24Provision

Public officers are linked to false certificates, and false assumption of authority is listed with imprisonment for two years.

101. False certificates by public officers. Ditto. Imprisonment for two years. False assumption of authority. Ditto. Ditto.
Section 101Verify source
§ 102Form, contents and duration of warrant of arrest ........................................................................................................ 24Offence

This section covers personating public officers, allows arrest without warrant, and provides a three-year imprisonment penalty.

102. Personating public officers. May arrest without warrant. Imprisonment for three years.
Section 102Verify source
§ 103Court may direct security to be taken ............................................................................................................................... 25Offence

The text indicates that police shall not arrest without a warrant, and it mentions imprisonment for two years.

103. Threat of injury to persons employed in public service. Shall not arrest without warrant. Imprisonment for two years. Chapter XI-Offences relating to the administration of justice Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 103Verify source

Part

Chapter XI-Offences relating to the administration of justice

§ 106Execution of warrant directed to police officer .............................................................................................................. 25Provision

This section refers to false statements by interpreters and a punishment tied to perjury, including imprisonment for seven years.

106. False statements by interpreters. Shall not arrest without warrant. Same punishment as for perjury. Perjury or subornation of perjury. Ditto. Imprisonment for seven years.
Section 106Verify source
§ 108Person arrested to be brought before court without delay ....................................................................................... 26Provision

This section is titled “Fabricating evidence.”

108. Fabricating evidence. Ditto. Ditto.
Section 108Verify source
§ 109Where warrant of arrest may be executed ...................................................................................................................... 26Provision

False swearing is punishable by imprisonment for two years.

109. False swearing. Ditto. Imprisonment for two years.
Section 109Verify source
§ 111Procedure in case of warrant directed to police officer for execution outside jurisdiction ............................. 26Offence

This section is titled “Destroying evidence.”

111. Destroying evidence. Ditto. Ditto. Ditto. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 102 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XI-Offences relating to the administration of justice
Section 111Verify source
§ 112Procedure on arrest of person outside jurisdiction ...................................................................................................... 26Provision

This section is titled “Conspiracy to defeat justice, and interference with witnesses.”

112. Conspiracy to defeat justice, and interference with witnesses. Ditto. Ditto.
Section 112Verify source
§ 115Arrest for breach of bond for appearance ........................................................................................................................ 27Provision

This excerpt appears to be a section heading for “Compounding penal actions” and “Advertising for stolen property,” but it does not set out the rule itself.

115. Compounding penal actions. Advertising for stolen property. Ditto. Ditto.
Section 115Verify source
§ 116Power of court to order prisoner to be brought before it .......................................................................................... 27Provision

If contempt of court is committed in view of the court, an arrest without warrant may be made.

116.(2) Contempt of court (if committed in view of court). May arrest without warrant.
Section 116Verify source
§ 117Provisions of this Part generally applicable to summonses and warrants ............................................................ 27Offence

This provision refers to a prohibition on taking photographs, etc., in court, and lists penalties including imprisonment and fines.

117. Prohibition on taking photographs, etc., in court. Ditto. Ditto. Ditto. Ditto. Imprisonment for six months or fine of seven hundred and fifty penalty units. Fine of six hundred penalty units-in default of payment imprisonment for one month. Fine of one thousand five hundred penalty units for each offence. Chapter XII - Rescues, escapes and obstructing officers of court of law Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 117Verify source

Part

Chapter XII - Rescues, escapes and obstructing officers of court of law

§ 118Power to issue search warrant ............................................................................................................................................. 28Offence

If a rescued person falls into certain serious criminal categories, the consequence is imprisonment ranging from two years to life, depending on the case.

118.(1) Rescue— (a) If person rescued is under sentence of death or imprisonment for life or charged with offence punishable with death or imprisonment for life; May arrest without warrant. Imprisonment for life. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 103 Criminal Procedure Code, 1933 (Chapter 88) Zambia (b) If person rescued is imprisoned on a charge or under sentence for any other offence; Ditto. Imprisonment for seven years. (c) In any other case. Ditto. Imprisonment for two years.
Section 118Verify source
§ 120Persons in charge of closed place to allow ingress thereto and egress therefrom ........................................... 28Provision

Aiding prisoners to escape is punishable by imprisonment for seven years.

120. Aiding prisoners to escape. Ditto. Imprisonment for seven years.
Section 120Verify source
§ 121Detention of property seized ................................................................................................................................................ 28Provision

Removing property that is under lawful seizure is punishable by imprisonment for three years.

121. Removal, etc., of property under lawful seizure. Ditto. Imprisonment for three years.
Section 121Verify source
§ 122Provisions applicable to search warrants ......................................................................................................................... 28Offence

Obstructing court officers is punishable by imprisonment for one year.

122. Obstructing court officers. Ditto. Imprisonment for one year. Chapter XIII-Miscellaneous offences against public authority Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 122Verify source

Part

Chapter XIII-Miscellaneous offences against public authority

§ 127Power to order sufficient bail when that first taken is insufficient ......................................................................... 30Offence

The section says police shall not arrest without warrant and lists punishments for certain offences.

127. Frauds and breaches of trust by public officers. Shall not arrest without warrant. Imprisonment for two years. False information to public officer. Ditto. Disobedience of statutory duty. Ditto. Imprisonment for six months or fine of one thousand five hundred penalty units or both. Imprisonment for two years. Disobedience of lawful orders. Ditto. Ditto. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 104 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division III - Offences injurious to the public in general Chapter XIV-Offences relating to religion Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 127Verify source

Part

Chapter XIV-Offences relating to religion

§ 131Forfeiture of recognizance ..................................................................................................................................................... 31Offence

This section lists religion-related offences and says police may arrest without warrant for some of them, while they must not do so for uttering words intended to wound religious feelings.

131. Insult to religion of any class. Disturbing religious assemblies. Trespassing on burial places. May arrest without warrant. Imprisonment for two years. Ditto. Ditto. May arrest without warrant. Imprisonment for two years. Uttering words with intent to wound religious feelings. Shall not arrest without warrant. Imprisonment for one year. Chapter XV - Offences against morality Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 131Verify source

Part

Chapter XV - Offences against morality

§ 133Power to direct levy of amount due on recognizance ................................................................................................. 31Offence

This section labels rape as an offence and states imprisonment for life; it also says arrest may be made without warrant.

133. Rape. May arrest without warrant. Imprisonment for life.
Section 133Verify source
§ 135Joinder of counts in a charge or information ................................................................................................................. 31Offence

Abduction is an offence punishable by imprisonment for seven years.

135. Abduction. Ditto. Ditto. Ditto. Imprisonment for seven years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 105 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XV - Offences against morality
Section 135Verify source
§ 136Joinder of two or more accused in one charge or information ................................................................................ 32Provision

Abducting a girl under sixteen is punishable by imprisonment for two years.

136. Abduction of girl under sixteen. Ditto. Imprisonment for two years.
Section 136Verify source
§ 137Mode in which offences are to be charged ..................................................................................................................... 32Offence

Indecent assault on females is punishable by imprisonment for fourteen years.

137.(1) Indecent assault on females. Ditto. Imprisonment for fourteen years.
Section 137Verify source
§ 137Mode in which offences are to be charged ..................................................................................................................... 32Offence

This provision refers to indecently insulting or annoying females.

137.(3) Indecently insulting or annoying females.
Section 137Verify source
§ 138Persons convicted or acquitted not to be tried again for same offence ................................................................ 34Offence

The provision lists defilement of a girl under sixteen and states penalties of imprisonment for one year or imprisonment for life.

138.(1) Defilement of girl under sixteen. Ditto. Ditto. Imprisonment for one year. Imprisonment for life.
Section 138Verify source
§ 138Persons convicted or acquitted not to be tried again for same offence ................................................................ 34Offence

Attempted defilement of a girl under sixteen carries imprisonment for fourteen years.

138.(2) Attempted defilement of girl under sixteen. Ditto. Imprisonment for fourteen years.
Section 138Verify source
§ 147Power of court to order prisoner to be brought up for examination ...................................................................... 35Offence

This section lists several offences involving defilement, detention with unlawful intent or in a brothel, and prostitution-related conduct, with imprisonment terms of two or five years.

147. Procuring defilement by threats or fraud or administering drugs. Householder permitting defilement of girl under twelve on his premises. Householder permitting defilement of girl under sixteen on his premises. Detention with unlawful intent or in brothel. Male person living on earnings of prostitution or persistently soliciting. Woman aiding, etc., for gain prostitution of another woman. Ditto. Ditto. Ditto. Ditto. Imprisonment for two years. Ditto. Ditto. Imprisonment for five years. Ditto. Imprisonment for two years. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto.
Section 147Verify source
§ 149Procedure where person charged is called for defence .............................................................................................. 36Offence

Section heading: “Keeping a brothel.”

149. Keeping a brothel. Ditto. Ditto. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 106 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XV - Offences against morality
Section 149Verify source
§ 150Refractory witnesses ................................................................................................................................................................. 36Provision

Conspiracy to defile is punishable by imprisonment for three years.

150. Conspiracy to defile. Ditto. Imprisonment for three years.
Section 150Verify source
§ 153Parties may examine witness ............................................................................................................................................... 37Offence

This section makes attempting to procure an abortion an offence and sets prison terms for related abortion conduct.

153. Attempt to procure abortion. Ditto. Imprisonment for fourteen years. Woman attempting to procure her own abortion. May arrest without warrant. Imprisonment for seven years. Supplying drugs or instruments to procure abortion. Ditto. Imprisonment for three years.
Section 153Verify source
§ 155Return of commission .............................................................................................................................................................. 38Offence

Unnatural offences are punishable by imprisonment for fourteen years.

155. Unnatural offences. Ditto. Imprisonment for fourteen years.
Section 155Verify source
§ 158Procedure where person charged is called for defence .............................................................................................. 39Offence

The section lists offences and their penalties, including attempted unnatural offence, indecent assault on boys under fourteen, and indecent practices between males, with imprisonment terms of seven years and five years.

158. Attempt to commit unnatural offence. Indecent assault on boys under fourteen years. Ditto. Ditto. Indecent practices between males. Ditto. Imprisonment for seven years. Ditto. Imprisonment for five years.
Section 158Verify source
§ 159Right of reply .............................................................................................................................................................................. 40Provision

Males who commit incest with a female under 12 are liable to imprisonment for life.

159.(1) Incest by males. If female person is under the age of twelve years. Ditto. Ditto. Ditto. Imprisonment for life.
Section 159Verify source
§ 159Right of reply .............................................................................................................................................................................. 40Provision

Attempting to commit incest is punishable by imprisonment for two years.

159.(3) Attempt to commit incest Ditto. Imprisonment for two years.
Section 159Verify source
§ 161Procedure where accused unfit to make his defence ................................................................................................... 40Offence

Incest by females is punishable by imprisonment for five years.

161. Incest by females. Ditto. Imprisonment for five years. Chapter XVI-Offences relating to marriage and domestic obligations Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.) By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 107 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XVI-Offences relating to marriage and domestic obligations
Section 161Verify source

Part

Chapter XVI-Offences relating to marriage and domestic obligations

§ 165Resumption of trial ................................................................................................................................................................... 41Provision

Fraudulent pretence of marriage is punishable by imprisonment for ten years.

165. Fraudulent pretence of marriage. May arrest without warrant. Imprisonment for ten years.
Section 165Verify source
§ 167Defence of insanity at the time of the offence .............................................................................................................. 42Offence

Dishonestly or fraudulently going through a ceremony of marriage is punished by imprisonment for five years.

167. Dishonestly or fraudulently - going through ceremony of marriage. Ditto. Ditto. Imprisonment for five years. Ditto.
Section 167Verify source
§ 168Mode of delivering judgment ............................................................................................................................................... 42Provision

Arrest must not be made without a warrant, and the provision mentions imprisonment for two years.

168. Desertion of children. Shall not arrest without warrant. Imprisonment for two years.
Section 168Verify source
§ 170Copy of judgment, etc., to be given to accused on application ............................................................................... 44Provision

This section refers to neglecting to provide food or similar necessities for children, and a master not providing for servants or apprentices.

170. Neglecting to provide food, etc., for children. Ditto. Master not providing for servants or apprentices. Ditto. Ditto. Ditto.
Section 170Verify source
§ 171Entry of judgment where public officer convicted of offence ................................................................................... 44Offence

Police may arrest without a warrant; child stealing carries imprisonment for seven years.

171. Child stealing. May arrest without warrant. Imprisonment for seven years. Chapter XVII-Nuisances and offences against health and convenience Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 171Verify source

Part

Chapter XVII-Nuisances and offences against health and convenience

§ 172Costs against accused or prosecution ................................................................................................................................ 44Offence

This provision refers to common nuisance and states that the penalty is imprisonment for one year.

172. Committing common nuisance. Shall not arrest without warrant. Imprisonment for one year.
Section 172Verify source
§ 173Order to pay costs appealable ............................................................................................................................................. 45Offence

This provision concerns watching and besetting, allows arrest without warrant, and sets a penalty of a fine of 3,000 penalty units, imprisonment for 6 months, or both.

173. Watching and besetting. May arrest without warrant. Fine of three thousand penalty units or imprisonment for six months or both.
Section 173Verify source
§ 174Compensation in case of frivolous or vexatious charge ............................................................................................. 45Offence

This provision mentions keeping a common gaming house, says arrest must not be made without a warrant, and states a two-year imprisonment penalty.

174.(3) Keeping common gaming house. Shall not arrest without warrant. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 108 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XVII-Nuisances and offences against health and convenience
Section 174Verify source
§ 174Compensation in case of frivolous or vexatious charge ............................................................................................. 45Offence

Being found in a common gaming house can attract a fine; keeping or permitting a common betting house can attract imprisonment.

174.(4) Being found in common gaming house Ditto. Fine of one hundred and fifty penalty units for first offence, and for each subsequent offence a fine of six hundred penalty units or imprisonment for three months or both. Keeping or permitting the keeping of a common betting house. Ditto. Imprisonment for one year.
Section 174Verify source
§ 178Wrongful conversion and detention of property ............................................................................................................ 46Provision

The section mentions trafficking in obscene publications and says someone may be arrested without a warrant; it also refers to an idle or disorderly person.

178. Trafficking in obscene publications. May arrest without warrant. Being an idle or disorderly person Ditto.
Section 178Verify source
§ 182Person charged with any offence may be convicted of attempt .............................................................................. 47Offence

This section refers to wearing a uniform without authority.

182.(1) Wearing uniform without authority. Ditto.
Section 182Verify source
§ 182Person charged with any offence may be convicted of attempt .............................................................................. 47Offence

This fragment refers to “bringing contempt on uniform,” but does not state a complete rule.

182.(2) Bringing contempt on uniform. Ditto.
Section 182Verify source
§ 182Person charged with any offence may be convicted of attempt .............................................................................. 47Offence

This provision refers to importing or selling uniform without authority.

182.(3) Importing or selling uniform without authority. Ditto.
Section 182Verify source
§ 182Person charged with any offence may be convicted of attempt .............................................................................. 47Offence

The excerpt lists offences and penalties for public-health-related conduct, with imprisonment or fines for acts like spreading dangerous disease, adulterating or selling noxious food or drink, adulterating drugs, fouling public water, making the atmosphere noxious, and carrying on offensive trade.

182.(5) Unauthorised wearing of medals, etc. Ditto. Imprisonment for two years or fine of three thousand penalty units. Imprisonment for one month or fine of sixty penalty units or both. Fine of four hundred and fifty penalty units or imprisonment for three months or both. Imprisonment for three months for first offence, and for each subsequent offence imprisonment for one year. Imprisonment for one month or fine of three hundred penalty units. Imprisonment for three months or fine of six hundred penalty units. Imprisonment for six months or fine of three thousand penalty units. Imprisonment for three months or fine of three hundred penalty units. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 109 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XVII-Nuisances and offences against health and convenience Doing any act likely to spread infection of dangerous disease. Ditto. Imprisonment for two years. Adulteration of food or drink intended for sale. Shall not arrest without warrant. Selling, or offering or exposing for sale, noxious food or drink. Ditto. Ditto. Ditto. Adulteration of drugs intended for sale. Shall not arrest without warrant. Imprisonment for two years. Fouling water of public spring or reservoir. May arrest without warrant. Ditto. Making the atmosphere noxious to health. Shall not arrest without warrant. Ditto. Carrying on offensive trade. Ditto. Imprisonment for one year.
Section 182Verify source
§ 190Person charged with misdemeanour not to be acquitted if felony proved .......................................................... 50Offence

This section is a heading about an offence in Chapter XVIII (Defamation), with references to police arrest without warrant and punishment under the Penal Code.

190. Section Offence Chapter XVIII-Defamation Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 190Verify source

Part

Chapter XVIII-Defamation

§ 191Evidence to be taken in presence of accused ....................................................................................................................... 50Offence

The police must not arrest without a warrant, and the provision states imprisonment for two years.

191. Libel. Shall not arrest without warrant. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 110 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division IV - Offences against the person Chapter XIX - Murder and manslaughter Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 191Verify source

Part

Chapter XIX - Murder and manslaughter

§ 201Withdrawal of complaint ........................................................................................................................................................ 54Provision

This provision says murder is covered and that arrest without warrant is allowed.

201. Murder. May arrest without warrant. Death.
Section 201Verify source
§ 203Non-appearance of parties after adjournment ............................................................................................................... 54Offence

Section 203 lists infanticide and states the punishment is imprisonment for life.

203. Infanticide. Ditto. Ditto. Imprisonment for life. Ditto. Chapter XXI-Offences connected with murder Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 203Verify source

Part

Chapter XXI-Offences connected with murder

§ 215Drawing up of conviction or order ..................................................................................................................................... 57Provision

Attempted murder is listed here, with life imprisonment stated as the consequence, and the text also says arrest may be made without warrant.

215. Attempted murder. May arrest without warrant. Imprisonment for life.
Section 215Verify source
§ 218Procedure on committal for sentence ................................................................................................................................ 57Offence

The provision lists certain murder-related offences and indicates a seven-year imprisonment penalty.

218. Attempted murder by convict. Ditto. Ditto. Being accessory after the fact to murder. Ditto. Imprisonment for seven years. Sending written threat to murder. Ditto. Ditto.
Section 218Verify source
§ 219Limitation of time for summary trials in certain cases ............................................................................................... 58Offence

Conspiracy to murder is punishable by imprisonment for fourteen years.

219. Conspiracy to murder. Ditto. Imprisonment for fourteen years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 111 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXI-Offences connected with murder
Section 219Verify source
§ 220Procedure in case of offence unsuitable for summary trial ....................................................................................... 58Offence

Concealing the birth of a child is an offence punishable by imprisonment for two years.

220. Concealing the birth of a child. Ditto. Imprisonment for two years.
Section 220Verify source
§ 221Payment by accused persons of fines which may be imposed for minor offences without appearing inOffence

Child destruction is punished by life imprisonment.

221. Child destruction. Ditto. Imprisonment for life. Chapter XXII - Offences endangering life or health Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 221Verify source

Part

Chapter XXII - Offences endangering life or health

§ 226Variance between evidence and charge ............................................................................................................................ 62Provision

This section lists several dangerous acts connected with committing felonies or misdemeanours, preventing arrest or escape, and endangering railway passengers, and it states imprisonment for life for them.

226. Disabling in order to commit felony or misdemeanour. Stupefying in order to commit felony or misdemeanour. Acts intended to cause grievous harm or prevent arrest. Preventing escape from wreck. May arrest without warrant. Imprisonment for life. Ditto. Ditto. Ditto. Ditto. May arrest without warrant. Imprisonment for life. Intentionally endangering safety of persons travelling by railway. Ditto. Ditto.
Section 226Verify source
§ 227Remand .......................................................................................................................................................................................... 62Offence

Trespassing on a railway while carrying articles or implements is punishable by a fine, imprisonment for two years, or both; the source also mentions imprisonment for fourteen years.

227.(2) Trespass on railway while in possession of articles or implements. Ditto. Fine of three thousand penalty units or imprisonment for two years or both. Imprisonment for fourteen years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 112 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXII - Offences endangering life or health
Section 227Verify source
§ 228Provisions as to taking statement or evidence of accused person .......................................................................... 62Provision

Acts that endanger the safety of people travelling in motor vehicles are punishable by life imprisonment.

228. Acts endangering the safety of persons travelling in motor vehicles. Ditto. Imprisonment for life.
Section 228Verify source
§ 229Evidence and address in defence ........................................................................................................................................ 63Provision

Grievous harm is punishable by imprisonment for seven years.

229. Doing grievous harm. Ditto. Imprisonment for seven years.
Section 229Verify source
§ 231Committal for trial .................................................................................................................................................................... 64Offence

This section states two offences: attempting to injure by explosive substances, and administering poison with intent to harm. The penalty is imprisonment for fourteen years.

231. Attempting to injure by explosive substances. Ditto. Imprisonment for fourteen years. Administering poison with intent to harm. Ditto. Ditto.
Section 231Verify source
§ 232Summary adjudication ............................................................................................................................................................. 64Provision

This section covers wounding and similar acts and provides for imprisonment for three years.

232. Wounding and similar acts. Ditto. Imprisonment for three years.
Section 232Verify source
§ 233Complainant and witnesses to be bound over ............................................................................................................... 64Offence

Section 233 is headed “Failing to provide necessaries of life.”

233. Failing to provide necessaries of life. Ditto. Ditto. Chapter XXIII-Criminal recklessness and negligence Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 233Verify source

Part

Chapter XXIII-Criminal recklessness and negligence

§ 237Taking the depositions of persons dangerously ill ........................................................................................................ 66Offence

This provision addresses rash and negligent acts and states that arrest may be made without warrant, with imprisonment for two years as the stated penalty.

237. Rash and negligent acts. May arrest without warrant. Imprisonment for two years.
Section 237Verify source
§ 241Transmission of records to High Court and Director of Public Prosecutions ........................................................ 66Offence

This section lists negligent or dangerous acts and states the imprisonment or fine for each.

241. Other negligent acts causing harm. Ditto. Imprisonment for six months. Dealing with poisonous substances in negligent manner. Shall not arrest without warrant. Imprisonment for six months or fine of three thousand penalty units. Endangering safety of persons travelling by railway. May arrest without warrant. Imprisonment for two years. Exhibiting false light, mark or buoy. Ditto. Imprisonment for seven years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 113 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXIII-Criminal recklessness and negligence
Section 241Verify source
§ 242Power of Director of Public Prosecutions to direct further investigation ............................................................. 67Provision

A person who carries someone by water for hire in an unsafe or overloaded vessel faces imprisonment for two years.

242. Conveying person by water for hire in unsafe or overloaded vessel. Ditto. Imprisonment for two years.
Section 242Verify source
§ 243Powers of Director of Public Prosecutions as to additional witnesses ................................................................... 67Provision

Obstructing waterways is punishable by imprisonment for three years.

243. Obstruction of waterways. Ditto. Imprisonment for three years.
Section 243Verify source
§ 244Return of depositions with a view to summary trial .................................................................................................... 67Provision

This section concerns causing danger or obstruction in a public way or line of navigation, says arrest cannot be made without a warrant, and mentions a fine.

244. Causing danger or obstruction in public way or line of navigation. Shall not arrest without warrant. Fine.
Section 244Verify source
§ 245Filing of information ................................................................................................................................................................ 67Provision

Trespass on an aerodrome may lead to arrest without warrant.

245. Trespass on aerodrome. May arrest without warrant.
Section 245Verify source
§ 246Time in which information to be filed .............................................................................................................................. 68Offence

This provision lists obstruction of roads or runways as an offence and indicates penalties including a fine, imprisonment, or both.

246. Obstruction of roads or runways. Ditto. Section Offence Chapter XXIV-Assaults Whether the police may arrest without warrant or not Fine of seven hundred and fifty penalty units or imprisonment for one month or both. Imprisonment for three years. Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 246Verify source

Part

Chapter XXIV-Assaults

§ 247Notice of trial .............................................................................................................................................................................. 68Provision

Common assault is identified, and the provision states imprisonment for one year.

247. Common assault. Shall not arrest with-out warrant. Imprisonment for one year.
Section 247Verify source
§ 249Return of service ........................................................................................................................................................................ 69Provision

This section refers to assaulting a person protecting a wreck, allows arrest without warrant, and sets imprisonment terms of five years and seven years.

249. Assault occasioning actual bodily harm. Assaulting person protecting wreck. May arrest without warrant. Imprisonment for five years. Ditto. Imprisonment for seven years.
Section 249Verify source
§ 250Postponement of trial .............................................................................................................................................................. 69Offence

The section lists various assaults and states a punishment of imprisonment for five years.

250. Various assaults. Ditto. Imprisonment for five years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 114 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXV-Offences against liberty Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 250Verify source

Part

Chapter XXV-Offences against liberty

§ 254Certifying of case as a summary procedure case ................................................................................................................. 70Provision

Kidnapping is punishable by imprisonment for seven years.

254. Kidnapping. May arrest without warrant Imprisonment for seven years.
Section 254Verify source
§ 259Affidavit of medical witness may be read as evidence ...................................................................................................... 71Provision

This section sets prison terms for kidnapping, abduction, wrongful concealment or confinement, and kidnapping a child under 14 to steal from the child.

259. Kidnapping or abducting in order to murder. Ditto. Imprisonment for ten years. Kidnapping or abducting with intent to confine a person. Ditto. Imprisonment for seven years. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc. Ditto. Wrongfully concealing or keeping in confinement a kidnapped or abducted person. Ditto. Imprisonment for ten years. Same punishment as for kidnapping or abduction. Kidnapping or abducting child under fourteen with intent to steal from its person. Ditto. Imprisonment for seven years.
Section 259Verify source
§ 263Liability to serve ........................................................................................................................................................................ 72Offence

This section lists offences involving slavery and compulsory labour and sets prison terms and a fine as penalties.

263. Buying or disposing of any person as a slave. Ditto. Habitually dealing in slaves. Unlawful compulsory labour. Ditto. Ditto. Imprisonment for one year or fine of six thousand penalty units. Imprisonment for seven years. Imprisonment for ten years. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 115 Criminal Procedure Code, 1933 (Chapter 88) Zambia Section Offence Division V-Offences relating to property Chapter XXVI - Theft Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 263Verify source

Part

Chapter XXVI - Theft

§ 272Pleading to information .......................................................................................................................................................... 74Provision

The provision is titled Theft, says arrest may be made without warrant, and states imprisonment for three years.

272. Theft. May arrest without warrant. Imprisonment for three years.
Section 272Verify source
§ 273Orders for amendment of information, separate trial, and postponement of trial ............................................ 74Amendment

Stealing wills is an offence punishable by imprisonment for ten years.

273. Stealing wills. Ditto. Imprisonment for ten years.
Section 273Verify source
§ 274Quashing of information ......................................................................................................................................................... 75Provision

274. Stealing postal matter, etc. Ditto. Ditto.

274. Stealing postal matter, etc. Ditto. Ditto.
Section 274Verify source
§ 275Procedure in case of previous convictions ....................................................................................................................... 75Provision

Stealing cattle and certain other thefts carry imprisonment terms set by this section.

275. Stealing cattle, etc. Ditto. Imprisonment for seven to fifteen years. Stealing from the person, in a dwelling-house, in transit, etc. Ditto. Imprisonment for seven years.
Section 275Verify source
§ 279Plea of "guilty" ............................................................................................................................................................................ 76Offence

Section 279 is a heading about stealing offences involving people in the public service, clerks and servants, and directors or officers of companies.

279. Stealing by person in the public service. Ditto. Stealing by clerks and servants. Stealing by directors or officers of companies. Ditto. Ditto.
Section 279Verify source
§ 282Selection of assessors .............................................................................................................................................................. 76Offence

This excerpt is a section heading about stealing by tenants or lodgers and stealing after previous conviction, with a note that punishment is under the Penal Code.

282. Stealing by tenants or lodgers. Stealing after previous conviction. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 116 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXVII-Offences allied to stealing Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 282Verify source

Part

Chapter XXVII-Offences allied to stealing

§ 283Absence of an assessor ........................................................................................................................................................... 76Provision

This provision mentions concealing registers, allows arrest without warrant, and sets imprisonment at ten years.

283. Concealing registers. May arrest without warrant. Imprisonment for ten years.
Section 283Verify source
§ 285Opening of case for prosecution ......................................................................................................................................... 77Provision

Concealing deeds is punishable by imprisonment for three years.

285. Concealing deeds. Ditto. Imprisonment for three years.
Section 285Verify source
§ 291Close of case for prosecution ............................................................................................................................................... 78Offence

This section lists several theft-related offences and their punishments.

291. Killing animals with intent to steal. Ditto. Severing with intent to steal. Ditto. Fraudulent disposition of mortgaged goods. Ditto. Fraudulently dealing with ore or minerals in mines. Ditto. Same punishment as if the animal had been stolen. Same punishment as if the thing had been stolen. Imprisonment for two years. Imprisonment for five years. Fraudulent appropriation of mechanical or electrical power. Ditto. Ditto. Conversion not amounting to theft. Ditto. Imprisonment for six months or fine of one thousand five hundred penalty units or both. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 117 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXVII-Robbery and extortion Section Offence Whether the police may arrest without warrant or not
Section 291Verify source

Part

Chapter XXVII-Robbery and extortion

§ 292The defence ................................................................................................................................................................................. 79Provision

Robbery may be addressed by arrest without a warrant.

292. Robbery. May arrest without warrant.
Section 292Verify source
§ 293Additional witnesses for defence ........................................................................................................................................ 79Provision

This section refers to assault with intent to steal.

293. Assault with intent to steal. Ditto.
Section 293Verify source
§ 296Where accused person does not give evidence ............................................................................................................. 79Provision

This provision is titled “Aggravated assault with intent to steal” and “Demanding property by written threats.”

296. Aggravated assault with intent to steal. Demanding property by written threats. Ditto. Ditto.
Section 296Verify source
§ 297Delivery of opinions by assessors ........................................................................................................................................ 79Offence

Threatening with intent to extort is tied to penalties under the Penal Code, including imprisonment terms stated in the text.

297. Threatening with intent to extort— Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.) Imprisonment for fourteen years. Imprisonment for seven years. Imprisonment for life; with a minimum of fifteen years. Imprisonment for ten to twenty years. Imprisonment for fourteen years. in certain specified cases; Ditto. Ditto. in any other case. Ditto. Imprisonment for three years.
Section 297Verify source
§ 299Sentence ........................................................................................................................................................................................ 80Offence

This section lists offences involving threats or menaces and sets prison terms for them.

299. Procuring execution of deeds, etc., by threats. Demanding property with menaces with intent to steal. Ditto. Ditto. Imprisonment for fourteen years. Imprisonment for five years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 118 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXIX-Burglary, housebreaking and similar offences Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 299Verify source

Part

Chapter XXIX-Burglary, housebreaking and similar offences

§ 301Objections cured by judgment ............................................................................................................................................. 80Provision

Housebreaking is punishable by imprisonment for seven years, and arrest without warrant is allowed.

301. Housebreaking. May arrest without warrant. Imprisonment for seven years.
Section 301Verify source
§ 302Evidence for arriving at proper sentence ......................................................................................................................... 80Offence

This section lists imprisonment penalties for entering a dwelling-house with intent to commit felony, with a higher penalty if the offence is committed at night.

302. Entering dwelling-house with intent to commit felony. Ditto. Ditto. Imprisonment for ten years. Imprisonment for five years. If offence is committed in the night. Ditto. Imprisonment for seven years.
Section 302Verify source
§ 305Record and report to be sent to President ...................................................................................................................... 81Offence

This section sets imprisonment penalties for breaking into a building, being armed with intent to commit a felony, and related repeat-offender conduct.

305. Breaking into building and committing felony. Ditto. Ditto. Breaking into building with intent to commit felony. Ditto. Imprisonment for five years. Being found armed, etc., with intent to commit felony. Ditto. Imprisonment for three years. Imprisonment for three previously convicted of a felony relating to property. Ditto. Imprisonment for seven years.
Section 305Verify source
§ 306Procedure where woman convicted of capital offence alleges she is pregnant ................................................. 81Offence

The text sets imprisonment penalties for criminal trespass and for obtaining property by false pretence.

306. Criminal trespass. Ditto. Imprisonment for three months. Ditto. Imprisonment for one year. If property upon which offence committed is building used as human dwelling or as place of worship or place for custody of property. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 119 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXIX-Burglary, housebreaking and similar offences Obtaining property by false pretence. May arrest without warrant. Imprisonment for three years.
Section 306Verify source
§ 310Suspension of execution of sentence of imprisonment in default of fine ............................................................ 83Provision

Section 310 is titled “Obtaining execution of a security by false pretence.”

310. Obtaining execution of a security by false pretence. Ditto.
Section 310Verify source
§ 312Commitment in lieu of distress ........................................................................................................................................... 83Provision

Obtaining credit by false pretences is punishable by imprisonment for one year.

312. Obtaining credit, etc., by false pretences. Ditto. Ditto. Ditto. Ditto. Imprisonment for one year.
Section 312Verify source
§ 313Payment in full after commitment ...................................................................................................................................... 84Provision

Conspiracy to defraud is punishable by imprisonment for three years.

313. Conspiracy to defraud. Ditto. Imprisonment for three years.
Section 313Verify source
§ 314Part payment after commitment ......................................................................................................................................... 84Provision

Frauds involving the sale or mortgage of property are punishable by imprisonment for two years.

314. Frauds on sale or mortgage of property. Ditto. Imprisonment for two years.
Section 314Verify source
§ 315Who may issue warrant .......................................................................................................................................................... 84Provision

This section is about pretending to tell fortunes.

315. Pretending to tell fortunes. Ditto. Ditto.
Section 315Verify source
§ 317Person twice convicted may be subjected to police supervision ............................................................................. 84Offence

This provision lists offences involving false pretence for registration and false declaration for a passport, with imprisonment penalties of one year and two years.

317. Obtaining registration, etc., by false pretence. False declaration for passport. Ditto. Ditto. Imprisonment for one year. Imprisonment for two years. Chapter XXXI-Receiving property stolen or unlawfully obtained and like offences Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 317Verify source

Part

Chapter XXXI-Receiving property stolen or unlawfully obtained and like offences

§ 318Requirements from persons subject to police supervision ........................................................................................ 85Provision

Receiving or retaining stolen property is punishable by imprisonment for seven years.

318. (1) Receiving or retaining stolen property. May arrest without warrant. Imprisonment for seven years.
Section 318Verify source
§ 318Requirements from persons subject to police supervision ........................................................................................ 85Offence

Receiving property unlawfully obtained, converted, or disposed of is punishable the same as the original offender.

318. (2) Receiving property unlawfully obtained, converted or disposed of. Ditto. Same punishment as for offender by whom the property was unlawfully obtained, converted or disposed of. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 120 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXXI-Receiving property stolen or unlawfully obtained and like offences
Section 318Verify source
§ 319Failure to comply with requirements under section 318 ........................................................................................... 85Provision

Failing to account for possession of property suspected to be stolen or unlawfully obtained is punishable by imprisonment for two years.

319. Failing to account for possession of property suspected to be stolen or unlawfully obtained. Ditto. Imprisonment for two years.
Section 319Verify source
§ 320Errors and omissions in orders and warrants ................................................................................................................. 85Offence

Receiving goods stolen outside Zambia is an offence punishable by seven years’ imprisonment.

320. Receiving goods stolen outside Zambia Ditto. Imprisonment for seven years. Chapter XXXIII-Frauds by trustees and persons in a position of trust, and false accounting Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 320Verify source

Part

Chapter XXXIII-Frauds by trustees and persons in a position of trust, and false accounting

§ 327Powers of appellate court ............................................................................................................................................................. 87Offence

This provision lists certain fraud and false-accounting offences, says police may arrest without warrant, and gives imprisonment penalties of seven years or two years.

327. Fraudulently disposing of trust property. Directors and officers of corporations fraudulently appropriating property, or keeping fraudulent accounts, or falsifying books or accounts. False statements by officials of corporations. Fraudulent false accounting by clerk or servant. May arrest without warrant. Imprisonment for seven years. Ditto. Ditto. May arrest without warrant. Imprisonment for seven years. Ditto. Ditto. False accounting by public officer. Ditto. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 121 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division VI-Malicious injuries to property Chapter XXXIV-Offences causing injury to property Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 327Verify source

Part

Chapter XXXIV-Offences causing injury to property

§ 328Pronouncement of decision of the High Court sitting as an appellate court ............................................................. 88Provision

Arson may be arrested without a warrant and is punishable by life imprisonment.

328. Arson. May arrest without warrant. Imprisonment for life.
Section 328Verify source
§ 331Suspension of orders on conviction .......................................................................................................................................... 88Provision
331. Setting fire to crops or growing plants. Attempting to set fire to crops or growing plants. Ditto. Ditto. Imprisonment for fourteen years. Ditto. Imprisonment for seven years
Section 331Verify source
§ 332Admission to bail or suspension of sentence pending appeal ........................................................................................ 89Provision

Casting away a vessel is punishable by imprisonment for life.

332. Casting away a vessel. Ditto. Imprisonment for life.
Section 332Verify source
§ 333Further evidence ............................................................................................................................................................................... 89Provision

Attempting to cast away a vessel is punishable by imprisonment for fourteen years.

333. Attempt to cast away a vessel. Ditto. Imprisonment for fourteen years.
Section 333Verify source
§ 334Appeals to be heard by one Judge unless the Chief Justice otherwise directs .......................................................... 89Offence

The provision sets imprisonment penalties for injuring animals: seven years in certain specified cases and two years in any other case.

334. Injuring animals— In certain specified cases; Ditto. Imprisonment for seven years. In any other case. Ditto. Imprisonment for two years.
Section 334Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision

This section concerns destroying or damaging property generally.

335. (1) Destroying or damaging property in general.
Section 335Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision
335. (2) Destroying or damaging an inhabited house or a vessel with explosives. Ditto. Ditto. Ditto. Imprisonment for life. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 122 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division VI-Malicious injuries to property Ditto. Ditto.
Section 335Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision

This provision refers to destroying or damaging river banks, walls, navigation works, or bridges.

335. (3) Destroying or damaging river bank or wall, or navigation works or bridges.
Section 335Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision

This subsection concerns destroying or damaging wills or registers.

335. (4) Destroying or damaging wills or registers.
Section 335Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision

Section heading about destroying or damaging railways.

335. (6) Destroying or damaging railways. Ditto. Ditto. Ditto.
Section 335Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision

Destroying or damaging property of special value carries imprisonment terms.

335.(7) Destroying or damaging property ofspecial value. Ditto. Imprisonment for fourteen years. Imprisonment for seven years. Imprisonment for fourteen years. Imprisonment for seven years.
Section 335Verify source
§ 335Abatement of appeals ..................................................................................................................................................................... 89Provision

This provision concerns destroying or damaging deeds or records.

335.(8) Destroying or damaging deeds or records. Ditto. Ditto.
Section 335Verify source
§ 341Case stated by subordinate court ........................................................................................................................................ 91Offence
341. Attempt to destroy or damage property by use of explosives. May arrest without warrant. Imprisonment for fourteen years. Communicating infectious disease to animals. Ditto. Removing boundary marks with intent to defraud. Ditto. Removing or injuring survey or boundary marks. Ditto. Injuring or obstructing railway works, etc., Threatening to burn any building, etc., or to kill or wound any cattle. Ditto. Ditto. Imprisonment for seven years. Imprisonment for three years. Imprisonment for three months or fine or six hundred penalty units. Ditto. Imprisonment for ten years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 123 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division VII-Forgery, coining, counterfeiting and similar offences Section Offence Chapter XXXVI-Forgery Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 341Verify source

Part

Chapter XXXVI-Forgery

§ 349Appellant may not proceed both by case stated and by appeal .............................................................................. 93Provision

Forgery is punishable by imprisonment, with different terms depending on the type of document forged.

349. Forgery (where no special punishment is provided). May arrest without warrant. Imprisonment for three years. Forgery of a will, document of title, security, cheque, etc. Ditto. Imprisonment for life. Forgery of judicial or official document. Ditto. Imprisonment for seven years.
Section 349Verify source
§ 351High Court may enlarge time ............................................................................................................................................... 93Provision

Section heading about making instruments etc. for forgery.

351. Making of instrumeents, etc., for forgery. Ditto.
Section 351Verify source
§ 352Proceedings in wrong place .................................................................................................................................................. 94Offence

This provision lists offences involving false, cancelled, or exhausted documents, obtaining execution of a document by false pretences, and altering the crossing on a cheque.

352. Uttering false document. Ditto. Uttering cancelled or exhausted document. Procuring execution of document by false pretences. Ditto. Ditto. Obliterating or altering the crossing on a cheque. Ditto.
Section 352Verify source
§ 356Corporations ................................................................................................................................................................................. 95Offence

This section covers making or executing a document without authority and states a seven-year imprisonment penalty.

356. Making or executing document without authority. Ditto. Ditto. Ditto. Ditto. Same punishment as for forgery of document. Ditto. Ditto. Imprisonment for seven years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 124 Criminal Procedure Code, 1933 (Chapter 88) Zambia Division VII-Forgery, coining, counterfeiting and similar offences Demanding property upon forged testamentary instrument. Ditto. Same punishment as for forgery of instrument. Purchasing or receiving forged bank note. May arrest without warrant. Imprisonment for seven years.
Section 356Verify source
§ 362Section 362Offence

This section lists offences involving false or altered documents and statements connected to public registers and marriage records.

362. Falsifying warrant for money payable under public authority. Ditto. Permitting falsification of register or record. Ditto. Sending false certificate of marriage to registrar. Ditto. Making false statement for insertion in register of births, deaths or marriages. Ditto. Chapter XXXVII-Offences relating to coin Section Offence Whether the police may arrest without warrant or not Ditto. Ditto. Ditto. Imprisonment for three years. Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 362Verify source

Part

Chapter XXXVII-Offences relating to coin

§ 364Section 364Provision

This provision concerns counterfeiting coin, allows arrest without warrant, and provides for imprisonment for life.

364. Counterfeiting coin. May arrest without warrant. Imprisonment for life.
Section 364Verify source
§ 365Section 365Provision

This section concerns making preparations for coining.

365. Making preparations for coining. Ditto. Ditto.
Section 365Verify source
§ 366Section 366Offence

Clipping current coin is an offence, and the penalty stated here is imprisonment for seven years.

366. Clipping current coin. Ditto. Imprisonment for seven years.
Section 366Verify source
§ 367Section 367Offence

Melting down currency is an offence and carries imprisonment for six months, a fine of 3,000 penalty units, or both.

367. Melting down of currency. Ditto. Imprisonment for six months or fine of three thousand penalty units or both. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 125 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXXVII-Offences relating to coin
Section 367Verify source
§ 368Section 368Offence

Being in possession of clippings is an offence punishable by imprisonment for seven years.

368. Being in possession of clippings. Ditto. Imprisonment for seven years.
Section 368Verify source
§ 369Section 369Provision

Uttering counterfeit coin is punishable by imprisonment for two years.

369. Uttering counterfeit coin. Ditto. Imprisonment for two years.
Section 369Verify source
§ 371Section 371Provision

This section is headed as dealing with repeated uttering of counterfeit coin and uttering foreign coin or metal as current coin.

371. Repeated uttering of counterfeit coin. Uttering foreign coin or metal as current coin. Ditto. Ditto.
Section 371Verify source
§ 372Section 372Offence

This section concerns exporting counterfeit coin and lists penalties, including imprisonment and punishment under the Penal Code.

372. Exporting counterfeit coin. Ditto. Section Offence Chapter XXXVIII-Counterfeit stamps Whether the police may arrest without warrant or not Imprisonment for three years. Imprisonment for one year. Imprisonment for fourteen years. Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 372Verify source

Part

Chapter XXXVIII-Counterfeit stamps

§ 375Section 375Offence

Police may arrest without warrant for these possession offences, and the offences carry imprisonment or a fine.

375. Being in possession etc., of, die or paper used for purpose of making revenue stamps. May arrest without warrant. Imprisonment for seven years. Being in possession, etc., of die or paper used for postage stamps. Ditto. Imprisonment for one year or fine of one thousand five hundred penalty units. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 126 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XXXIX-Counterfeiting trade marks Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 375Verify source

Part

Chapter XXXIX-Counterfeiting trade marks

§ 377Section 377Offence

This provision says police must not arrest without a warrant and mentions imprisonment for two years.

377. Counterfeiting, etc., trade mark. Shall not arrest without warrant. Imprisonment for two years. Section Offence Chapter XL-Personation Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 377Verify source

Part

Chapter XL-Personation

§ 378Section 378Offence

This section concerns personation and sets imprisonment terms of two years, or seven years if the offender falsely claims entitlement to specific property by will or operation of law and commits the offence to get that property.

378. Personation in general. May arrest without warrant. Imprisonment for two years. Ditto. Imprisonment for seven years. If representation 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.
Section 378Verify source
§ 381Section 381Offence

This section lists offences involving false acknowledgment of deeds or recognizances, personation using a certificate, and lending a certificate for personation, with imprisonment for two years or the same punishment as forgery of a certificate.

381. Falsely acknowledging deeds, recognizances, etc. Ditto. Personation of a person named in a certificate. Lending, etc., certificate for purposes of personation. Ditto. Ditto. Imprisonment for two years. Same punishment as for forgery of certificate. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 127 Criminal Procedure Code, 1933 (Chapter 88) Zambia Chapter XL-Personation
Section 381Verify source
§ 383Section 383Offence

This provision lists two offences involving personation and using a testimonial of character for personation, with imprisonment penalties of one year and two years.

383. Personation of person named in a testimonial of character. Ditto. Imprisonment for one year. Lending, etc., testimonial of character for purposes of personation. Ditto. Imprisonment for two years. Division IX - Attempts and conspiracies to commit crimes, and accessories after the fact Section Offence Chapter XLII-Attempts Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 383Verify source

Part

Chapter XLII-Attempts

§ 390Section 390Offence

Attempting to commit a felony or misdemeanour is punishable by imprisonment for two years, unless another rule states otherwise.

390. Attempt to commit a felony or misdemeanour. According as to whether or not the offence is one for which the police may arrest without a warrant. Imprisonment for two years, unless otherwise stated.
Section 390Verify source
§ 393Section 393Offence

Police may arrest without warrant for certain attempts and must not do so for neglecting to prevent a felony; the provision also sets prison terms.

393. Attempt to commit a felony punishable with death or imprisonment for fourteen years or upwards. Attempts to procure commission of criminal acts in Zambia or elsewhere. May arrest without warrant. Imprisonment for seven years. May arrest without warrant if arrest for offence attempted to be Same punishment as for an attempt to commit the act attempted to be procured. procured may be made without warrant, but not otherwise. Neglecting to prevent commission or completion of a felony. Shall not arrest without warrant. Imprisonment for two years. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 128 Criminal Procedure Code, 1933 (Chapter 88) Zambia Section Offence Chapter XLIII-Conspiracies Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 393Verify source

Part

Chapter XLIII-Conspiracies

§ 395Section 395Offence

This section states penalties for conspiracy to commit a felony or a misdemeanour.

395. Conspiracy to commit a felony. Conspiracy to commit a misdemeanour. May arrest without warrant. Imprisonment for seven years. According as to whether or not the misdemeanor is one for which the police may arrest without warrant. Imprisonment for two years.
Section 395Verify source
§ 396Section 396Offence

Police shall not arrest without a warrant.

396. Conspiracy to effect certain specified purposes. Shall not arrest without warrant. Ditto. Chapter XLIV-Accessories after the fact Section Offence Whether the police may arrest without warrant or not Punishment under the Penal Code. (N.B.-vide also sections 26 and 38, Penal Code.)
Section 396Verify source

Part

Chapter XLIV-Accessories after the fact

§ 399Section 399Amendment

This section states penalties for being an accessory after the fact to a felony or misdemeanour.

399. Being an accessory after the fact to a felony. Being an accessory after the fact to a misdemeanour. May arrest without warrant. Imprisonment for three years. Shall not arrest without warrant. Imprisonment for two years. [As amended by No. 28 of 1940, No. 5 of 1962, Nos. 11 and 18 of 1963, No. 1 of 1967, No. 9 of 1968 and No. 40 of 1969] Second Schedule (Section 137) Forms of stating offences in informations [As amended by G.N. No. 55 of 1939 and Act No. 11 of 1963] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 129 Criminal Procedure Code, 1933 (Chapter 88) Zambia
Section 399Verify source
§ 1Short title ........................................................................................................................................................................................................... 1Short title

This text is a murder charge heading and particulars of offence, referring to section 200 of the Penal Code.

1. Murder Murder, contrary to section 200 of the Penal Code. A.B., on the _________ day of _________, in the __________ District of the Province of Zambia, murdered J.S. Particulars of offence
Section 1Verify source
§ 2Interpretation .................................................................................................................................................................................................... 1Interpretation

This text states a charge of accessory after the fact to murder.

2. Accessory after the fact to murder Accessory after the fact to murder, contrary to section 217 of the Penal Code. Particulars of offence A.B., well knowing that one, H.C., did on the _______ day of __________, in the ___________ District of the __________ Province of Zambia, murder C.C., did on the _______ day of _______, in the __________ District of the __________ Province of Zambia, and on other days thereafter, receive, comfort, harbour, assist and maintain the said H.C.
Section 2Verify source

Legislative relationships

3 referenced instruments

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

A–F

1 instrument

  • British Act

    Section 359

G–M

1 instrument

  • High By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 91 Criminal Procedure Code, 1933

    Section 342

N–S

1 instrument

  • Penal Code

    Sections 1, 2, 360

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  • 31 Dec 1996 · currentEnglish

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