Related documents
- Is amended by Written Laws (Miscellaneous Amendments) Act, 2020
- Is amended by Arbitration Act, 2020
Tanzania
Criminal Procedure Act
Chapter 20
- Commenced on 1 November 1985
- [This is the version of this document as it was at 30 November 2019 to 20 February 2020.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Criminal Procedure Act.2. Interpretation
In this Act, unless the context otherwise requires—"adult" means a person of or above the age of sixteen years;"arrestable offence" means an offence for which a police officer may, in accordance with the First Schedule to this Act or under any written law for the time being in force, arrest without warrant;"child" means a person who has not attained the age of sixteen;"committal proceedings" means proceedings held by a subordinate court with a view to the committal of an accused person to the High Court;"complainant" in a private prosecution, means the private prosecutor or the person making the complaint before the court and, in all public prosecutions, means the person presenting the case on behalf of the Republic before the court;"complaint" means an allegation that some person known or unknown, has committed an offence;"juvenile" means a person under the age of sixteen years;"Minister" means the Minister responsible for legal affairs;[Cap. 4 s. 8]"non-warrant offence" means an offence for which a police officer may arrest without a warrant;"officer in charge of a police station" includes any officer superior in rank to an officer in charge of a police station and also includes, when the officer in charge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station house who is next in rank to that officer and is above the rank of constable or, when the Minister for the time being, responsible for home affairs so directs, any police officer so present;"plea agreement" means an agreement entered into between the prosecution and the accused in a criminal trial in accordance with sections 194A, 194B and 194C;"plea bargaining" means a negotiation in a criminal case between a prosecutor and the accused whereby the accused agrees to—(a)plead guilty to a particular offence or a lesser offence or to a particular count or counts in a charge with multiple counts; or(b)cooperate with the prosecutor in the provision of information that may lead to a discovery of other information relating to the offence or count charged, in return for concession from the prosecutor which may lead to a lenient sentence or withdrawal of other counts."police officer" includes any member of the police force and, any member of the people’s militia when exercising police functions in accordance with the law for the time being in force;"public prosecutor" means a Law Officer or a State Attorney appointed under section 5 of the National Prosecutions Service Act and includes the Director of Public Prosecutions, the Deputy Director of Public Prosecutions or any other person acting in criminal proceedings under the directions of the Director of Public Prosecutions;[Cap. 430]"subordinate court" means any court, other than a court martial, which is subordinate to the High Court;"summary trial" means a trial held by a subordinate court under Part VII of this Act;"Village Council" means a Village Council established under section 22 of the Local Government (District Authorities) Act;[Cap. 287]"warrant offence" means an offence for which a police officer may not arrest without warrant.[Acts Nos. 27 of 2008 s. 31; 7 of 2018 s. 8; 11 of 2019 s. 15]3. Limitation of application
4. Procedure to be adopted for trial of offences
Part II – Procedure relating to criminal investigations
A – Arrest, escape and recapture, search warrants and seizure
(a) Preliminary provisions
5. When person is under restraint and in lawful custody
6. Application of this Part to police officers
7. Duty to give information on crimes and sudden deaths
8. Inquiries into deaths
All inquiries into sudden deaths or other deaths reported under section 7 shall be carried out by such persons as are authorised under, and in such manner as is provided for by, the Inquests Act.[Cap. 24]9. Information relating to commission of offence to be given orally or in writing
10. Investigation by police officer
(b) Arrests and warrant of arrest
11. Arrest, how made
12. No unnecessary restraint
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.13. Warrant for arrest
14. Arrest by police officer without warrant
15. Procedure where police officer deputes subordinate to arrest without warrant
Where any officer in charge of a police station requires any officer subordinate to him to arrest without a warrant (otherwise than in such officer’s presence) any person who may lawfully be arrested without a warrant under section 14, he shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.[Cap. 4 s. 8]16. Arrest by private persons
17. Arrest by magistrate
Any magistrate may at any time arrest or issue a warrant directing the arrest of any person whom he reasonably believes has committed an offence within the local limits of his jurisdiction.18. Magistrate may arrest person for an offence committed in his presence
Where any offence is committed in the presence of a magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender and may, subject to the provisions of this Act relating to the granting of bail, commit the offender to custody.[Cap. 4 s. 8]19. Right of entry into any place in order to effect arrest
20. Power to break out of any place for purposes of liberation
Any police officer or other person authorised to make an arrest may break out of any place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained inside the place.21. Use of force in making arrest
22. Certain arrests not to be taken to be unlawful
Where a person who arrests another person for an offence otherwise than in pursuance of a warrant but in circumstances referred to in section 16, the arrest shall not be taken to be unlawful by reason only that it subsequently appears, or is found by a court, that the other person did not commit the offence.23. Person to be informed of grounds of arrest
24. Search of arrested person
Whenever a person is arrested—25. Power of police to detain and search vehicles, etc.
26. Mode of searching women
Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.27. Power to seize offensive weapons
A police officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested all weapons taken.28. Arrest of vagabonds, habitual robbers, etc.
Any officer in charge of a police station may in like manner arrest or cause to be arrested—29. Refusal to give name and residence
30. Disposal of persons arrested by police officer
A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail take or send the person arrested before a court having jurisdiction in the area of the police station.31. Disposal of persons arrested by private persons
32. Detention of persons arrested
33. Police to report apprehensions
An officer in charge of a police station shall report to the nearest magistrate, within twenty-four hours or as soon as practicable, the cases of all persons arrested without a warrant within the limits of his station, whether or not such persons have been admitted to bail.(c) Escape and retaking
34. Recapture of persons escaping
Where a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Tanzania.[Cap. 4 s. 8]35. Provisions of sections 19 and 20 apply to arrest under section 34
The provisions of sections 19 and 20 shall apply to arrests under section 34 although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.36. Duty to assist magistrate or police officer in prevention of escape of arrested person
Every person is bound to assist a magistrate or police officer reasonably demanding his aid—37. Compensation for injuries, losses or death resulting from assisting police, etc.
(d) Search warrants and seizure
38. Power to issue search warrant or authorise search
39. Things connected with offence
For the purposes of this Part—40. Execution of search warrant
A search warrant may be issued and executed on any day (including Sunday) and may be executed between the hours of sunrise and sunset but the court may, upon application by a police officer or other person to whom it is addressed, permit him to execute it at any hour.41. Search and seizure
A police officer may search the person or the clothing that is being worn by, or property in the immediate control of, a person and may seize any thing relating to an offence that is found in the course of the search, if the search and seizure is made by the police officer—42. Searches in emergencies
43. Persons in charge of closed places to allow ingress and egress
44. Detention of property seized
45. Provisions applicable to search warrants
B – Powers and duties of police officers when investigating offences
(a) Preliminary provisions
46. Requirement to furnish name and address
47. Police to prevent breaches of peace
Every police officer may intervene for the purpose of preventing, and shall to the best of his ability prevent, a breach of the peace or the commission of any arrestable offence.(b) Duration of custodial investigation by police
48. Restrict on questioning person, etc.
49. When person not to be taken under restraint
A police officer shall not take under restraint in respect of any offence a person who has previously been under restraint in respect of the offence—50. Periods available for interviewing persons
51. Where custodial investigation cannot be completed within four hours
(c) Duties when interviewing suspects
52. Questing suspect persons
53. Persons under restraint to be informed of rights
Where a person is under restraint, a police officer shall not ask him any questions, or ask him to do anything, for a purpose connected with the investigation of an offence, unless—54. Communication with lawyer, relative or friend
55. Treatment of persons under restraint
56. Special duties when interviewing children
(d) Recording of interview
57. Record of interview
58. Statements by suspects
(e) Other investigative actions
59. Power to take fingerprints, photos, etc., of suspects
60. Identification parades
61. Persons convicted on mistaken identity to be compensated
62. Minister to make regulations for identification parades, etc.
The Minister shall make regulations providing for the procedure to be followed in the conduct of identification parades, and the taking of fingerprints and photographs of suspect or accused persons.63. Medical examination
(f) Release and bail
64. Police bail of suspect
65. Criteria for granting police bail
Matters relevant to the granting of bail by a police officer to a person charged with an offence are—66. Conditions of police bail
A person shall be entitled to be granted police bail if—67. Refusal to grant police bail
68. Revocation of police bail
Where a police officer in charge of a police station believes on reasonable grounds that a person who has been released on bail granted under section 64—69. Breaches of conditions of bail
Part III – Prevention of offences
(a) Security for keeping the peace and for good behaviour
70. Powers of magistrate to require persons to execute bonds
71. Security for good behaviour from persons disseminating seditious matter
Whenever a magistrate is informed on oath that a person is within the limits of his jurisdiction and that that person, within or without those limits either orally or in writing or in any other manner, is disseminating or attempting to disseminate, or in any way abetting the dissemination of—72. Security for good behaviour from suspected persons
Whenever a magistrate is informed under oath that any person is taking precautions to conceal his presence within the local limits of the magistrate’s jurisdiction, and that there is reason to believe that that person is taking those precautions with a view to committing any offence, the magistrate may, in the manner provided in this Part, require him to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the magistrate deems fit.73. Security for good behavior from habitual offenders
Whenever a magistrate is informed on oath that any person within the local limits of his jurisdiction—74. Order to be made
Where a magistrate acting under section 70, 71, 72 or 73 of this Act deems it necessary to require any person to show cause under such section, he shall make an order in writing setting forth—75. Procedure in respect of person present in court
Where the person in respect of whom the order is made is present in court, it shall be read over to him or, if he so desires, the substance of it shall be explained to him.[Cap. 4 s. 8]76. Procedure in respect of person not present in court
77. Copy of order to accompany summons or warrant
Every summons or warrant issued under section 76 shall be accompanied by a copy of the order made under section 74, and that copy shall be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.78. Power to dispense with personal attendance
A magistrate other than a primary court magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace and may permit him to appear by an advocate.79. Inquiry as to truth of information
80. Order to give security
81. Discharge of person informed against
Where on an inquiry under section 79, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the magistrate shall make an entry on the record to that effect, and if the person is in custody only for the purposes of the inquiry, shall release him, or if he is not in custody, shall discharge him.(b) Proceedings subsequent to order to furnish security
82. Commencement of period for which security is required
83. Contents of bond
The bond to be executed by any person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of any offence punishable with imprisonment, wherever it may be committed, shall be a breach of the bond.84. Power to reject sureties
A magistrate may refuse to accept any surety offered under any of the preceding sections on the ground that, for reasons to be recorded by the magistrate, that surety is an unfit person.85. Procedure on failure to give security
86. Power to release persons imprisoned for failure to give security
Whenever a district magistrate is of opinion that any person imprisoned for failure to give security may be released without hazard to the community, he shall make an immediate report of the case for the order of the High Court, which may, if it thinks fit, order the person to be discharged.87. Power of High Court to cancel bond
The High Court may, at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behavior executed under this Part by order of any court.88. Discharge of sureties
Part IV – Control of criminal proceedings
A – The Director of Public Prosecutions
89. ***
[Repealed by Act No. 5 of 2005 Sch.]90. ***
[Repealed by Act No. 27 of 2008 s. 31]91. Power of Director of Public Prosecutions to enter nolle prosequi
92. Delegation of power by Director of Public Prosecutions
93. Criminal information by Director of Public Prosecutions
94. Offences by foreigners committed within territorial waters to be prosecuted only with leave of Director of Public Prosecutions
B – Appointment of public prosecutors and conduct of prosecutions
95. ***
[Repealed by Act No. 27 of 2008 s. 31]96. ***
[Repealed by Act No. 27 of 2008 s. 31]97. Powers of public prosecutors
A public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal; and if any private person instructs an advocate to prosecute in any such case the public prosecutor may conduct the prosecution and the advocate so instructed shall act therein under his directions.98. Withdrawal from prosecution in trials before subordinate courts
In any trial before a subordinate court any public prosecutor may with the consent of the court or on the instructions of the Director of Public Prosecutions, at any time before judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of one or more of the offences with which such person is charged; and upon such withdrawal—99. Permission to conduct prosecution and title of summary proceedings
Part V – Institution of proceedings
A – Process to compel the appearance of accused persons
(a) Summons
100. Form and contents of summons
101. Service of summons
102. Service where person summoned cannot be found
Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family or with an adult servant residing with him or with his employer; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt for it on the back of the other duplicate.[Cap. 4 s. 8]103. Procedure where service cannot be personally effected
If the service in the manner provided by section 101 or 102 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides and thereupon the summons shall be deemed to have been duly served.[Cap. 4 s. 8]104. Service on servant of Government
Where the person summoned is in the active service of any department of the Government or of a public corporation, the court issuing the summons shall ordinarily send it in duplicate to the head of the department or public corporation, as the case may be, in which the person is so employed, and the head shall thereupon cause the summons to be served in the manner provided by section 101 and shall return it to the court under his signature with the endorsement required by that section.105. Service on company
Service of summons on an incorporated company may be effected by serving it on the secretary, local manager or other principal officer of the company at the registered officer of such company of by registered letter addressed to the chief executive officer of the company and in the case of a registered letter, service shall be deemed to have been effected when the letter would arrive in the ordinary course of post.106. Appearance by corporation and plea of not guilty to be entered when representative does not appear
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".107. Service outside local limits of jurisdiction
Where a court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall send the summons in duplicate to a magistrate within the local limits of whose jurisdiction the person summoned resides or is to be served.[Cap. 4 s. 8]108. Proof of service when serving officer not present
Where the officer who has served a summons is not present at the hearing of the case, and in any case where a summons issued by a court has been served outside the local limits of its jurisdiction, an affidavit purporting to be made before a magistrate that such summons has been served, and a duplicate of the summons purporting to be endorsed, in the manner provided by this Act, by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence and the statements made therein shall be deemed to be correct unless the contrary is proved.109. Appearance by corporation
(b) Warrant of arrest
110. Warrant after issue of summons
Notwithstanding the issue of summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused but no such warrant shall be issued unless a complaint has been made upon oath or by a police officer or an authorized officer of a local government authority.111. Disobedience to summons
112. Form, contents and duration of warrant of arrest
113. Power to direct security to be taken
114. Warrants, to whom directed
115. Warrant may be directed to landholders, etc.
116. Execution of warrant directed to police officer
A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.117. Notification of substance of warrant
The police officer or other person executing a warrant of arrest shall notify the substance of the warrant to the person to be arrested and if so required, shall show him the warrant.118. Person arrested to be brought before court without delay
The police officer or other person executing a warrant of arrest shall, without unnecessary delay, and subject to the provisions of section 113 as to security, bring the person arrested before the court before which he is required by law to produce the person and shall return the warrant to the court with an endorsement on it showing the time and manner of execution.119. Where warrant of arrest may be executed
A warrant of arrest may be executed at any place within the United Republic of Tanzania.120. Forwarding of warrants for execution outside jurisdiction
121. Procedure in case of warrant directed to police officer for execution outside jurisdiction
122. Procedure on arrest of person outside jurisdiction
123. Irregularities in warrants
Any irregularity or defect in the substance or form of the warrant of arrest and any variance between it and any written complaint or between such complaint and the evidence produced on the part of the prosecution at an inquiry to trial, shall not affect the validity of any proceedings at or subsequent to the hearing of the case, but if any variance appears to the court to be such that the accused has been thereby deceived or misled, the court may, at the request of the accused, adjourn the hearing of the case to some future date and in the meantime remand the accused or admit him to bail.(c) Miscellaneous provisions regarding process
124. Power of court to bond for appearance
Where any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant is present in court, the officer may require the person to execute a bond, with or without sureties, for his appearance in that court.[Cap. 4 s. 8]125. Arrest for breach of bond for appearance
Where any person who is bound by any bond taken under this Act to appear before a court does not so appear, the officer presiding in that court may issue a warrant directing that he be arrested and produced before him.126. Power of court to order prisoner to be brought before it
127. Provisions of this Part generally applicable to summonses and warrants; and powers of justices of peace
The provisions contained in this Part relating to summons and warrants and their issue, service and execution shall, so far as may be practicable, apply to every summons and every warrant of arrest issued under this Act or by a justice of the peace and, save in so far as or; the same may be inconsistent with any other law, the powers of a magistrate or court in relation to the issuing or endorsing of summons or warrants may be exercised by a justice of the peace.B – Proceedings
(a) Making a complaint
128. Institution of proceedings
129. Power of magistrate to reject complaint or formal charge
Where the magistrate is of the opinion that any complaint or formal charge made or presented under section 128 does not disclose any offence, the magistrate shall make an order refusing to admit the complaint or formal charge and shall record his reasons for such order.129A. ***
[Repealed by Act No. 3 of 2001 s. 16]130. Issue of summons or warrants
Upon receiving a complaint and having signed the charge in accordance with section 128, the magistrate may, in his discretion, issue either a summons or a warrant to compel the attendance of the accused person before a subordinate court having jurisdiction to inquire into or try the offence alleged to have been committed; save that a warrant shall not be issued in the first instance unless the complaint has been made upon oath either by the complainant or by a witness or witnesses.(b) The formal charge
131. Persons charged to be cautioned
Immediately after a police officer charges a suspect with an offence, the police officer shall caution the person in writing and if practicable orally, in the prescribed manner.132. Offences to be specified in charge with necessary particulars
Every charge or information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.133. Joinder of counts in charge or information
134. Joinder of two or more accused in one charge or information
135. Mode in which offences are to be charged
The following provisions of this section shall apply to all charges and informations and, notwithstanding any rule of law or practice, a charge or an information shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the provisions of this section—136. Case of two or more persons charged
When in any charge two or more persons are charged together with committing a crime, it shall not be necessary to allege that "both and each" or "one or other", or that "all and each" or "one or more" of them committed the crime, or did or failed to do any particular act; but such alternatives shall be implied in all such charges.(c) Previous conviction or acquittal
137. Persons convicted or acquitted not to be tried again for same offence
A person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence.138. Person may be tried again for separate offences
A person convicted or acquitted of any offence may be afterwards tried for any other offence with which he might have been charged on the former trial under subsection (1) of section 134.139. Consequences supervening or not known at time of former trial
A person convicted or acquitted of any act causing consequences which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such last-mentioned offence if the consequences had not happened or were not known to the court to have happened at the time when he was convicted or acquitted.140. Where original court was not competent to try subsequent charge
A person convicted or acquitted of any offence constituted by any act may, notwithstanding such conviction or acquittal, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the court by which he was first tried was not competent to try the offence with which he is subsequently charged.141. Previous conviction, how proved
(d) Compelling attendance of witnesses
142. Summons for witness
143. Warrant for witness who disobeys summons
Where, without sufficient excuse, a witness does not appear in obedience to a summons of the court, on proof of the proper service of the summons a reasonable time before he is required to appear may issue a warrant to bring him before the court at such time and place as shall be specified in the warrant.[Cap. 4 s. 8]144. Warrant for witness in first appearance
Where the court is satisfied by evidence on oath that a witness will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be specified in the warrant of arrest.[Cap. 4 s. 8]145. Mode of dealing with witness arrested under warrant
Where a witness is arrested under a warrant the court may, on his furnishing security by recognisance to the satisfaction of the court for his appearance at the hearing of the case, order him to be released from custody, or shall, on his failing to furnish security, order him to be detained for production at the hearing.[Cap. 4 s. 8]146. Power of court to order prisoner to be brought up for examination
147. Penalty for non-attendance of witness
(e) Provisions as to bail, recognisances and bonds
148. Bail
149. Power of High Court to vary terms of bail by lower court
Where in connection with any criminal proceedings a subordinate court has power to admit any person to bail but either refuses to do so or does so or offers to do so on terms unacceptable to him, the High Court may admit him or direct his admission to bail or, where he has been admitted to bail, may vary any conditions on which he was so admitted or reduce the amount in which he or any surety is bound to discharge any of the sureties.150. Change of circumstances after grant of bail
Where an accused person has been admitted to bail and circumstances arise which, if the accused person had not been admitted to bail would, in the opinion of a prosecutor or police officer, justify the court in refusing bail or in requiring bail of greater amount, the judge or magistrate, as the case may be, on the circumstances being brought to his notice by a prosecutor or a police officer, issue a warrant for the arrest of the accused person and, after giving the accused person an opportunity of being heard, may either commit him to prison to await trial or admit him to bail for the same or on an increased amount as the judge or magistrate may think just.151. Warrant for witness who disobeys summons execution of bonds
Before any person is released on bail, or on his own recognisance, a bond for such sum as the court or police officer, as the case may be, thinks sufficient shall be executed by such person, and when he is released on bail, by one or more sufficient sureties, conditioned that he shall attend at the time and place mentioned in the bond and shall continue so to attend until otherwise directed by the court or police officer.152. Discharge from custody
153. Deposit instead of bond
Where any person is required by any court or officer to execute a bond, with or without sureties, the court of officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money of such amount as the court or officer may fix in lieu of executing the bond.[Cap. 4 s. 8]154. Power to order sufficient bail when that first taken is insufficient
If, through mistake, fraud or for any other reason, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sureties and on his failing to do so may commit him to prison.155. Discharge of sureties
156. Death of surety
Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety.157. Person bound by recognisance absconding or breaking condition of bail may be arrested
158. Person absconding or breaking condition of bail not to be considered for further bail
Any person who is on bail and who is arrested on the reasonable suspicion that he is preparing to break or is in the process of breaking his conditions of bail shall, if the court is satisfied that the was justly arrested, not be considered again for any further bail in the same case.159. Punishment for breaking conditions of bail or for non-appearance
Where a person absconds while he is on bail or, not being on bail, fails to appear before the court on the date fixed and conceals himself so that a warrant of arrest may not be executed—160. Forfeiture of recognizance
161. Appeal from and revision of orders
All orders issued under sections 148 to 160 by any magistrate shall be appealable to, and may be reviewed by, the High Court.162. Power to direct levy of amount due on certain recognisances
The High Court may direct any magistrate to levy the amount due on the recognisance to appear and attend at the High Court.163. Reconciliation in certain cases
In the case of proceedings for common assault or for any other offence of a personal or private nature the court may, if it is of the opinion that the public interest does not demand the infliction of the penalty, promote reconciliation and encourage and facilitate the settlement, in an amicable way, of the proceedings or on terms of payment of compensation or other terms approved by the court, and may thereupon order the proceedings to be stayed.Part VI – Trials
General provisions relating to trials
A – Powers of courts
(a) Powers generally
164. Offences under Penal Code
165. Offences under laws other than Penal Code
166. Sentences which High Court may pass
The High Court may pass sentence or make any other order authorised by law.167. Combination of sentences
168. Sentences in cases of conviction of two or more offences at one trial
169. Exclusion of evidence illegally obtained
(b) Subordinate courts
170. Sentences which subordinate court may pass
171. When subordinate court may commit to High Court for sentence
172. Release on bail pending confirmation and powers of confirming court
(c) Extended jurisdiction of subordinate courts
173. Extended jurisdiction
174. Trials to be with aid of assessors
All offences tried under the provisions of section 173 shall be tried with the aid of two or more assessors and in the manner prescribed for the trial of offences by the High Court.175. **
[Repealed by Act No. 32 of 1994 Sch.]176. Record and report to be sent to President
In every case where a sentence of death is confirmed by the High Court, the judge confirming the sentence shall, as soon as may be, transmit the record of the case or a certified true copy of it to the President together with a report in writing signed by him containing any recommendation or observations which he may think fit to make and forwarding with it any recommendation or observations made by the Court which sentenced the accused; and after that the matter shall be dealt with under section 325 of this Act.B – Trials generally
(a) Place of inquiry or trial
177. General authority of courts of Tanzania
Every court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Tanzania or which according to law may be dealt with as if it had been committed within Tanzania and to deal with the accused person according to its jurisdiction.178. Power of High Court to inquire into and try offences
The High Court may inquire into and try any offence subject to its jurisdiction in any place where it has power to hold sittings; and, except as provided under section 93, no criminal case shall be brought under cognizance of the High Court unless it has been previously investigated by a subordinate court and the accused person has been committed for trial before the High Court.179. Place and date of sessions of High Court
180. Ordinary place of inquiry and trial
Subject to the provisions of section 178 and to the powers of transfer conferred by sections 189, 190 and 191, every offence shall be inquired into and tried, as the case may be, by a court within the local limits of whose jurisdiction it was committed or within the local limits of whose jurisdiction the accused person was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging him with the offence.181. Trial at place where act done or where consequence of offence ensued
Where a person is accused of the commission of any offence by reason of anything which has been done or of any consequence which has ensued, the offence may be inquired into or tried, as the case may be, by a court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued.[Cap. 4 s. 8]182. Trial where offence is connected with another offence
Where an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done.[Cap. 4 s. 8]183. Trial where place of offence is uncertain
When it is uncertain in which of several local areas an offence was committed or when an offence is committed partly in one local area and partly in another or when it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.184. Offence committed on journey
An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage.185. High Court may decide appropriate court in cases of doubt
Whenever a doubt arises as to the court by which an offence should be inquired into or tried any court entertaining the doubt may, in its discretion, report the circumstances to the High Court and the High Court shall decide by which court the offence shall be inquired into or tried; and a decision of the High Court shall be final and conclusive except that it shall be open to an accused person to show that no court in Tanzania has jurisdiction in the case.186. Court to be open court
187. Exclusion of children from attending court proceedings
No child shall be permitted to be present in court during the trial of any other person charged with an offence or during any proceedings preliminary thereto except during such time as his presence is required as a witness or otherwise for the purposes of justice; and any child present in court when under this section he is not permitted to be present shall be ordered to be removed; but this section shall not apply to messengers, law officers, clerks and other persons required to attend to a court for the purposes connected with their employment.188. Orders of court on ex parte application by Director of Public Prosecutions
(b) Transfer of cases
189. Transfer of case where offence committed outside jurisdiction
190. Transfer of cases between magistrates
Any district magistrate—191. Power of High Court to change venue
(c) Accelerated trial and disposal of cases
192. Preliminary hearing to determine matters not in dispute
193. Person charged with warrant offence may plead guilty without court appearance
194. Procedure where accused desires to plead guilty to non-warrant offence or intends to rely on defence of alibi
194A. Plea bargaining
194B. Consequence of plea bargaining
Where, consequent to a plea bargaining arrangement, a plea agreement is entered into between a public prosecutor and an accused person194C. Requirements of plea agreement
194D. Registration of plea agreement
194E. Procedure for registration of plea agreement
Before the court records a plea—194F. Offences which plea state shall not apply
Plea agreements shall not be entered into in any of the following offences—194G. Application to set aside conviction and sentence relating to plea bargaining
194H. Power to make rules
Subject to the provisions of this part, the Chief Justice may make rules and give directives for better carrying out the provisions of this Part relating to plea bargaining.[Act No. 11 of 2019 s. 16]C – Examination of witnesses
(a) General provisions
195. Power to summon material witness or examine person present
196. Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in any trial under this Act shall be taken in the presence of the accused, save where his personal attendance has been dispensed with.197. Evidence may be given in absence of accused in certain cases
Notwithstanding the provisions of section 196, evidence may be taken in any trial under this Act in the absence of the accused if—198. Evidence to be given on oath
199. Refractory witness
200. Procedure where accused is only witness called for defence
Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness after the close of the evidence for the prosecution, but it shall be lawful for the court in its discretion to adjourn the hearing of the case to a certain time and place to be then appointed and stated in the presence and hearing of the person charged.201. Right of reply
In cases where the right of reply under section 296 depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply save that the Attorney-General, the Deputy Attorney-General and the Director of Public Prosecutions or a person acting under his instruction for the prosecution shall in all cases have the right to reply.[Act No. 27 of 2008 s. 31]202. Certificate regarding preparation of photographic prints, etc., receivable in evidence
203. Report of Government analyst
204. Report of fingerprint expert
205. Report of handwriting expert
205A. Matter or thing duly submitted for examination or analysis
(b) Issue of commission for examination of witnesses
206. Issue of commission
207. Parties may examine witnesses
208. Return of commission
209. Adjournment of proceedings
In every case in which a commission is issued under section 206 the proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.(c) Taking and recording of evidence
210. Manner of recording evidence before magistrate
211. Interpretation of evidence to accused or his advocate
212. Remarks respecting demeanour of witness
When a magistrate has recorded the evidence of a witness he shall also record such remarks, if any, as he thinks material respecting the demeanour of the witness whilst under examination.213. Procedure in case of minor offences
214. Conviction or committal where proceedings heard partly by one magistrate and partly by another
215. Manner of recording evidence in High Court
The High Court may, from time to time, by rules prescribe the manner in which evidence shall be recorded in cases coming before the court and the evidence or the substance thereof shall be taken down in accordance with those rules.D – Procedure in case of the insanity or incapacity of an accused person
216. Prosecutor to give or adduce evidence before inquiry by court as to insanity of accused
217. Procedure where accused certified as capable of making defence
218. Resumption of trial or inquiry
219. Defence of insanity at trial
220. Court’s power to inquire into insanity
221. Procedure when accused does not understand proceedings
Part VII – Procedure in trials before subordinate courts
(a) Provisions relating to the hearing and determination of cases
222. Non-appearance of complainant at hearing
Where in any case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then, if the complaint, having had notice of the time and place appointed for the hearing of the charge does not appear, the court shall dismiss the charge and discharge the accused person, unless for some reason, it shall think it proper to adjourn hearing, of the case until some other date and, pending the adjourned hearing, either admit the accused person to bail or remand him to prison, or take such security for his appearance as the court thinks fit.[Act No. 3 of 2011 s. 18; Cap. 4 s. 8]223. Appearance of both parties
Where at a time appointed for hearing of the case both the complainant and the accused person appear before the court which is to hear and determine the charge, or if the complainant appears and the personal attendance of the accused person has been dispensed with under section 193, the court shall proceed to hear the case.[Cap. 4 s. 8]224. Withdrawal of complaint
Where a complainant, at any time before a final order is passed in any case under this Part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint, against the accused or, if there be more than one accused person, or any of them, the court may permit him to withdraw the complaint and shall thereupon acquit the accused against whom the complaint is so withdrawn; save that this section shall apply only in cases of minor offences.[Cap. 4 s. 8]224A. Abatement of trial in subordinate courts
Every trial under this Part shall abate on the death of the accused person.[Act No. 9 of 2002 Sch.]225. Adjournment and remand of accused
226. Non-appearance of parties after adjournment
227. Accused may be convicted and sentenced notwithstanding his absence
Where in any case to which section 226 does not apply, an accused being tried by a subordinate court fails to appear on the date fixed for the continuation of the hearing after the close of the prosecution case or on the date fixed for the passing of sentence, the court may, if it is satisfied that the accused’s attendance cannot be secured without undue delay or expense, proceed to dispose of the case in accordance with the provisions of section 231 as if the accused, being present, had failed to make any statement or adduce any evidence or, as the case may be, make any further statement or adduce further evidence in relation to any sentence which the court may pass:Provided that —228. Accused to be called upon to plead
229. Procedure on plea of "not guilty"
230. Discharge of accused person when no case to answer
Where at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence either in relation to the offence with which he is charged or in relation to any other offence of which, under the provisions of sections 300 to 309 of this Act, he is liable to be convicted the court shall dismiss the charge and acquit the accused person.[Cap. 4 s. 8]231. Defence
232. Evidence in reply
Where the accused person examines any witnesses or gives any evidence other than as to his general character, the court may grant leave to the prosecutor to give or adduce evidence in reply.[Cap. 4 s. 8]233. Order of speeches
The prosecutor or his advocate and the accused or his advocate shall be entitled to address the court in the same manner and order as in the trial under the provisions of this Act before the High Court.234. Variance between charge and evidence and amendment of charge
235. Decision
236. Evidence relative to proper sentences or order
The court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the proper sentence to be passed.237. Taking other offences into consideration
Without prejudice to the generality of section 236, a subordinate court presided over by a resident magistrate may, subject to the provisions of this section, for the purpose of assessing the proper sentence to be passed, take into consideration any other offence committed by the accused—(a)if it has been explained by the court to the accused person in ordinary language that the sentence to be passed upon him for the offence of which he has been convicted in those proceedings may be greater if the other offence is taken into consideration; and(b)after the explanation the accused person—(i)admits the commission of the other offence; and(ii)asks the court to take the other offence into consideration.238. Drawing conviction or acquittal orders
The conviction or acquittal or other order may, if required, be drawn up and shall be signed by the court or by the clerk or other officer of the court.239. Order of dismissal of further charges
The production of the copy of the order of acquittal certified by the clerk or other officer of the court shall, without other proof, be a bar to any subsequent charge for the same matter against the same accused.240. Statements by medical witnesses
(b) Limitations and exceptions relating to trials before subordinate courts
241. Limitation of time for summary trials in certain cases
Except where a longer time is specially allowed by law, no offence, the maximum punishment for which does not exceed imprisonment for six months or a fine of five thousand shillings, or both, shall be triable by a subordinate court unless the charge or complaint relating to it is laid within twelve months from the time when the matter of such charge or complaint arose.242. Procedure in case of offence proving unsuitable for summary trial
Where in the course of a trial it appears to the magistrate at any stage of the proceedings that the case is one which ought to be tried by the High Court, he shall stop further proceedings and commit the accused person for trial upon information before the High Court, and in that case he shall apply the procedure provided in this Act in relation to committal of accused persons for trial to the High Court.[Cap. 4 s. 8]Committal of accused persons by subordinate courts to the High Court for trial
(a) Provisions relating to committal of accused persons for trial to the High Court
243. Power to commit for trial
244. Courts to hold commital proceedings
Whenever any charge has been brought against any person of an offence not triable by a subordinate court or as to which the court is advised by the Director of Public Prosecutions in writing or otherwise that it is not suitable to be disposed of upon summary trial, committal proceedings shall be held according to the provisions hereinafter contained by a subordinate court of competent jurisdiction.245. Procedure on arrest
246. Committal for trial by court
247. Witnesses for prosecution and defence
Immediately after complying with the provisions of sections 245 and 246, the court shall make a list of all witnesses whom the Director of Public Prosecutions intends to call and shall ask the accused person whether he intends to call witnesses at the trial and, if so, whether he desires to give their names and addresses so that they may be summoned and if he does the court shall record the names and addresses of the witness whom the accused mentions.248. Adjournment of proceedings
249. Accused entitled to copy of proceedings
250. Court may bind witness to appear at trial
251. Refusal to be bound over
Where a person required to enter into recognisance under section 250 refuses to enter into such recognisance, the court may commit him to prison or into the custody of any other officer of the court, there to remain until such time as the trial has taken place or the case against the accused is otherwise disposed of, unless in the meantime he enters into recognizance as required by the court.[Cap. 4 s. 8](b) Preservation of testimony in certain cases
252. Witnesses for prosecution and defence
Where it appears to a magistrate that any person who is seriously ill or hurt and not likely to recover or who, for any other reason whatsoever, may not be available to give evidence at the trial but is able and willing to give material evidence relating to any offence, the court may take in writing his statement on oath or affirmation and shall subscribe the same and certify that it contains accurately the whole of the statement made by him; and the magistrate recording the statement shall certify his reason for recording it and shall state the date and place when and where it was taken, preserve the statement and file it for record:Provided that, where the statement is that of a person who, by reason of immature age or want of religious belief ought not, in the opinion of the magistrate, to be sworn or affirmed, the statement may be taken without oath or affirmation.253. Notice to be given
254. Opportunity for cross-examination and transmission of statements
Where the statement is taken in the presence of an accused person, the person or his advocate (the prosecutor also if he is present) shall be given an opportunity to put questions to the deponent and the answers of the deponent shall form part of the statement; and, if the accused person is committed for trial, the statement shall be transmitted to the Registrar of the High Court and a copy thereof to the Director of Public Prosecutions.255. Use of statements in evidence
(c) Proceedings after committal for trial
256. Transmission of records to High Court
When an accused person has been committed for trial the record of committal proceedings, duly signed and authenticated by the magistrate, shall be transmitted without delay by the committing court to the Registrar of the High Court and authenticated copies of the charge and proceedings shall be forwarded to the Director of Public Prosecutions.256A. Trial by resident magistrate with extended jurisdiction
257. Notice of trial
After receipt of the copies of the record of committal proceedings in the High Court the Registrar or his deputy shall endorse or annex to every information filed and to every copy of it delivered to the officer of the court or police officer for service, a notice of trial which shall specify the particular sessions of the High Court at which the accused person is to be tried on the information, and which shall be in the following form or as near thereto as may be:"A.B.Take notice that you will be tried in the information whereof this is a true copy at the sessions of the High Court to be held at...... on the...... day of 20......".258. Copy of information and notice of trial to be served
The Registrar shall deliver or cause to be delivered to the officer of the court or police officer serving the information a copy thereof with the notice of trial endorsed on or annexed thereto and, if there are more accused persons committed for trial than one, as many copies as there are accused persons; and the officer of the court or police office shall, as soon as may be after having received the copy or copies of the information and the notice or notices of trial and three days at least before the day specified therein for trial, by himself or his deputy or other officer, deliver to the accused person or persons committed for trial the said copy or copies of the information and notice or notices, and explain to him or them the nature and exigency thereof; and when any accused person has been admitted to bail and cannot readily be found, he shall leave a copy of the information and notice of trial with someone of his household for him at his dwelling house or with someone of his bail for him, and if none such can be found, shall affix the copy and notice to the outer or principal door of the dwelling house or dwelling houses of the accused person or of any f his bail:Provided that, nothing herein shall prevent any person committed for trial, and in custody at the opening of or during any sessions to be so tried thereat if he gives his consent and no special objection is made on the part of the Republic.259. Returns of service
The officer serving the copy or copies of the information and notice or notices of trial shall forthwith make to the registrar a return of the service made.260. Postponement of trial
261. Information to be signed by Director of Public Prosecutions
All informations drawn up in pursuance of section 257 shall be in the name of and, subject to the provisions of section 92, signed by the Director of Public Prosecutions.262. Form of information
Every information shall bear the date of the day when it is signed and, with such modifications as shall be necessary to adapt it to the circumstances of each case, may commence in the following form:"In the High Court of TanzaniaThe ____ day of ____ 20__ At the sessions held at ____ on the ____ day of ____20 ____ the Court is informed by the Director of Public Prosecutions on behalf of the United Republic that A.B. is charged with the following offence (or offences)".263. Witnesses to be summoned
The Registrar of the High Court shall, before the commencement of the trial, issue summons for the attendance of the trial of all witnesses whose statements were produced during the Committal proceedings and all witnesses whose names and addresses were given to the committing magistrate by the accused.Part VIII – Procedure in trials before the High Court
(a) Practice and the mode of trial
264. Practice of High Court in its criminal jurisdiction
The High Court may, subject to the provisions of this Act and any other written laws, regulate its own practice in the exercise of its criminal jurisdiction.265. Trial before High Court to be with aid of assessors
All trials before the High Court shall be with the aid of assessors the number of whom shall be two or more as the court thinks fit.(b) Assessors
266. Liability to serve as assessor
267. Exemptions
The following persons are exempt from liability to serve as assessors, namely—268. No exemption by sex or marriage from liability to serve as assessor
A person shall not be exempted by sex or marriage from liability to serve as an assessor but any judge or magistrate may, in his discretion on an application made by or on behalf of the prosecution or the accused or at his own instance, make an order that the assessors shall be composed of men only or of women only, as the case may require or may, on an application made by a woman to be exempted from service as an assessor in respect of any case by reason of the nature of the evidence to be given or of the issues to be tried, grant such exemption.(c) Attendance of assessors
269. Summoning of assessors
270. Form of summons
Every summons to an assessor shall be in writing and shall require his attendance at a time and place to be specified therein.271. Objections to summons to serve as assessor
272. Excuses from attendance
The High Court may, for reasonable cause, excuse any assessor from attendance at any particular sessions and may, if it shall think fit, at the conclusion of any trial, direct that the assessors who have served at the trial shall not be summoned to serve again for the period of twelvemonths.273. List of assessors attending
At each session the High Court shall cause to be made a list of the names of those who have attended as assessors at the sessions.274. Penalty for non-attendance of assessors
(d) Arraignment
275. Pleading to information
276. Orders for amendment of information, separate trial and postponement of trial
277. Quashing of information
278. Procedure in case of previous convictions
279. Plea of "not guilty"
Every accused person upon being arraigned upon any information by pleading generally thereto the plea of "not guilty" shall, without further form, be deemed to have put himself upon his trial.280. Plea of autrefois acquit and autrefois convict
281. Refusal to plead
282. Plea of "guilty"
Where the accused person pleads "guilty", the plea shall be recorded and he may be convicted thereon.[Cap. 4 s. 8]283. Proceedings after plea of "not guilty"
Where the accused person pleads "not guilty" or if the plea of "not guilty" is entered in accordance with the provisions of section 281, the court shall proceed to choose assessors, as provided in section 285, and to try the case.[Cap. 4 s. 8]284. Power to postpone or adjourn proceedings
284A. Abatement of trial before High Court
Every trial before the High Court shall abate on the death of the accused person.[Act No. 9 of 2002 Sch.](e) Selection of assessors
285. Selection of assessors
286. Absence of assessor
Where in the course of a trial with the aid of assessors but at any time before they state their opinions any assessor is, from any sufficient cause, prevented from attending throughout the trial or absents himself and it is not practicable immediately to enforce his attendance, the trial shall proceed before the remaining assessors but if only they are not less than two in number; and where the trial so proceeds the remaining assessors shall be deemed in all respects to be properly constituted for the purpose of the trial and shall have power to return a verdict accordingly whether unanimous or by majority.[Cap. 4 s. 8]287. Assessors to attend at adjourned sittings
Where the trial is adjourned, the assessors shall be required to attend at the adjourned sitting and at any subsequent sitting until the conclusion of the trial.[Cap. 4 s. 8](f) Case for the prosecution
288. Opening case for prosecution
Where the assessors have been chosen, the advocate for the prosecution shall open the case against the accused person and shall call witnesses and adduce evidence in support of the charge.289. Additional witnesses for prosecution
290. Cross-examination of witnesses for prosecution
The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate and to re-examination by the advocate for the prosecution.291. Statements by medical witnesses
292. Statement of evidence of accused
Any statement of the accused person duly certified by the committing magistrate in the manner provided by section 246 may, whether signed by the accused person or not, be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to certify the same did not in fact certify it.293. Close of case for prosecution
(g) Case for the defence
294. Case for defence
295. Additional witnesses for defence
296. Prosecutor’s reply
Where the person, or any one of several accused persons, adduces any evidence, the prosecutor shall be entitled to reply subject to the provisions of section 201.[Cap. 4 s. 8]297. Where accused person does not give evidence
Where the accused person says that he does not wish to give or adduce evidence and the court considers that there is evidence that he committed the offence, the advocate for the prosecution shall then sum up the case against the accused person and the court shall then call on the accused person, personally or by his advocate, to address the court.[Cap. 4 s. 8](h) Close of hearing
298. Delivery of opinion by assessors and giving of judgment
299. Conviction where proceedings heard partly by one judge and partly by another
Part IX – Convictions, judgment, sentences and their execution in the subordinate courts and High Court
A – Miscellaneous provisions relating to convictions
300. Where offence proved is included in offence charged
301. Person charged with offence may be convicted of attempt
Where a person is charged with an offence, he may be convicted of having attempted to commit that offence although he was not charged with the attempt.[Cap. 4 s. 8]302. Alternative verdicts in various charges involving the homicide of children
303. Alternative verdicts under road traffic act in certain manslaughter cases
Where a person is charged with manslaughter in connection with the driving of a motor vehicle by him and the court is of the opinion that he is not guilty of that offence, but that he is guilty of an offence under section 50 of the Road Traffic Act (relating to reckless or dangerous driving or careless driving), he may be convicted of an offence under either of those sections although he was not charged with it.[Cap. 168; Cap. 4 s. 8]304. Alternative verdicts in charges of rape and kindred offences
305. Person charged with burglary, etc., may be convicted of kindred offence
Where a person is charged with an offence under one of the sections 294 to 298 of the Penal Code and the court is of the opinion that he is not guilty of that offence but that he is guilty of any other offence under another of the said sections he may be convicted of that other offence although he was not charged with it.[Cap. 16; Cap. 4 s. 8]306. Alternative verdicts in charges of stealing and kindred offences
307. Alternative verdicts in charges of being in possession of property suspected of having been corruptly acquired
Where any person is charged with an offence under subsection (1) of section 27 of the Prevention and Combating of Corruption Act and the court is of the opinion that he did not corruptly acquire or receive the property but that he is guilty of an offence under section 312 of the Penal Code in respect of that property, the court may convict him of the latter offence although he was not charged with it.[Caps. 329 and 16]308. Construction of sections 300 to 307
The provisions of sections 300 to 307 shall be construed as in addition to, and not derogation of, the provisions of any other Act and the other provisions of this Code, and the provisions of sections 301 to 307 shall be construed as being without prejudice to the generality of the provisions of section 300.309. Person charged with a warrant offence not to be acquitted if non-warrant offence proved
Where in any trial for a warrant offence the facts proved in evidence amount to a non-warrant offence, the accused shall not for that reason be acquitted of such a warrant offence; and no person tried for such warrant offence shall be liable afterwards to be prosecuted for a warrant offence on the same facts, unless the court shall think fit, in its discretion, to direct such person to be prosecuted for a non-warrant offence, whereupon such person may be dealt with as if he had previously been put on trial for a warrant offence.[Cap. 4 s. 8]310. Right of accused to be defended
Any person, accused before any criminal court, other than a primary court, may of right be defended by an advocate of the High Court subject to the provisions of any written law relating to the provision of professional services by advocate.B – Judgment generally
311. Mode of delivering judgment
312. Content of judgement
313. Copy of judgment, etc., to be given to accused or interested party on application
C – Sentences
(a) Passing sentence in the High Court
314. Calling upon accused
Where the judge convicts the accused person or if he pleads guilty, it shall be the duty of the Registrar or other officer of the court to ask him whether he has anything to say why sentence should not be passed upon him according to law, but the omission so to ask him shall have no effect on the validity of the proceedings.[Cap. 4 s. 8]315. Motion in arrest of judgment
316. Sentence
Where no motion in arrest of judgment is made or if the court decides against the accused person upon such motion, the court may sentence the accused person at any time during the sessions.317. Power to reserve decisions on questions raised at trial
The court before which any person is tried for an offence may reserve the giving of its final decision on questions raised at the trial and its decision whenever given shall be considered as given at the time of trial.318. Power to reserve questions arising in course of trial
319. Objectives cured by judgment
No judgment shall be stayed or reserved on the ground of any objection which, if stated after the information was read over to the accused person or during the progress of the trial, might have been cured by amendment by the court, nor for any informality in swearing the witnesses or any of them.320. Evidence for arriving at proper sentence
The court may, before passing the sentence, receive such evidence as it thinks fit in order to inform itself as to the sentence proper to be passed.321. Taking other offences into consideration
(b) Sentence of death
322. Sentence of death
323. Accused to be informed of right of appeal
Where an accused person is sentenced to death, the court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred.[Cap. 4 s. 8]324. Authority for detention
A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the condemned person, shall be sufficient authority for the detention of that person.325. Report and record to be sent to President
(c) Other sentences
326. Conditional discharge
(d) Execution of sentences
327. Warrant in case of sentence of imprisonment
A warrant under the hand of the judge or magistrate by whom any person is to be sentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Tanzania Mainland, shall be issued by the sentencing judge or magistrate, and shall be full authority to the officer in charge of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death; and every sentence shall be deemed to commence from, and to, include the whole of the day of the date on which it was pronounced, except where otherwise provided in this Act or in the Penal Code.[Cap. 16]328. Warrant for levy of fine
329. Objections to attachment
330. Suspension of execution of sentence of imprisonment in default of fine
331. Commitment for warrant of distress
Where the officer having the execution of a warrant of distress reports that he can find no property or not sufficient property whereupon to levy the money mentioned in the warrant with expenses, the court may by the same or a subsequent warrant commit the person ordered to pay to prison for a time specified in the warrant, unless the money and all expenses of the distress, to be specified in the warrant, are sooner paid.[Cap. 4 s. 8]332. Commitment in lieu of distress
Where it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family or (by his confession or otherwise) that he has no property whereon the distress may be levied, or when other sufficient reason appears to the court, the court may, if it thinks fit, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid.[Cap. 4 s. 8]333. Payment in full after commitment
Any person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised, if any, to the person in whose custody he is and that person shall thereupon release him if he is in custody for no other matter.334. Part payment after commitment
335. Who may issue warrant
Every warrant for the execution of any sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office or jurisdiction.336. Limitation of imprisonment after commitment
No commitment for non-payment shall be for a longer period than six months unless the law under which the conviction has taken place enjoins or allows a longer period.D – Miscellaneous provisions for dealing with offenders
(a) First offenders
337. Power to release upon probation instead of sentencing to punishment
338. Provisions in case of offender failing to observe conditions of his recognizance
339. Conditions as to abode of offender
The court, before directing the release of an offender under section 330, shall be satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place for which the court acts, or in which the offender is likely to live during the period named for his observance of the condition.339A. Release of offender on community service
340. Sections 337, 338 and 339 not to apply in certain circumstances
Sections 337, 338 and 339 of this Act shall not apply in any area of Mainland Tanzania to which the Probation of Offenders Act applies.[Cap. 247](b) Offenders with previous conviction
341. Power to subject to police supervision
342. Requirements from person subject to police supervision
343. Failure to comply with requirements under section 342
Where any person subject to police supervision who is at large in Tanzania refuses or neglects to comply with any requirement prescribed by section 342 or by any rules made thereunder he shall, unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the law, be guilty of an offence and liable to imprisonment for a term not exceeding six months or, on a second or subsequent conviction for such offence, to imprisonment for a term not exceeding twelve months.[Cap. 4 s. 8](c) Defects in orders of warrant
344. Errors and omissions in orders and warrants
The court may at any time amend any defect in substance or in form in any order or warrant and no omission or error as to time and place and no defect in form in any order or warrant given under this Act, shall be held to render void or unlawful any act done or intended to be done by virtue of such order or warrant, provided that it is therein mentioned or may be inferred therefrom that it is founded on a conviction or judgment and there is a valid conviction or judgment to sustain the order or warrant.E – Miscellaneous powers of the court to order compensation, costs, forfeiture, etc.
(a) Costs and compensation
345. Costs against accused
346. Order to pay costs appealable
An appeal shall lie against any order awarding costs under section 345 if made by a magistrate, to the High Court and, if by a judge, to the Court of Appeal and the court to which the appeal is made shall have power to give such costs of the appeal as it shall deem reasonable.347. Compensation in cases of frivolous or vexatious charge
Where on the acquittal of an accused person a court is of the opinion that the charge was frivolous or vexatious, the court may order the complainant to pay to the accused person a reasonable sum as compensation for the trouble and expense to which he may have been put by reason of such charge, in addition to his costs.348. Power to order accused to pay compensation
348A. Compensation in case of sexual offences
349. Costs and compensation to be specified in order, and how recoverable
The sums allowed for costs or compensation shall in all cases be specified in the conviction or order, and they shall be recoverable in like manner as any penalty may be recoverable under this Act; and in default of payment of such costs or compensation and in default of distress as hereinafter provided the person in default shall be liable to imprisonment for a term not exceeding six months unless the costs or compensation are sooner paid.350. Power of courts to award expenses or compensation out of fine
(b) Forfeiture
351. Power to order for forfeiture of property
352. Warrant of search for forfeited or confiscated articles
Where a court has made an order for the forfeiture or confiscation of an article the court or any justice of the peace may, if satisfied on information on oath—(a)that there is reasonable cause to believe that the article is to be found in any place or premises; and(b)that admission to the place or premises has been refused or that a refusal of such admission is apprehended, issue a warrant of search which may be executed according to law.(c) Disposal of exhibits
353. Disposal of exhibits
354. Disposal of obscene or defamatory publications or noxious or adulterated food, etc.
355. Person dispossessed of property may have it restored
356. Public officer connected with sale of property not to purchase or bid for property
F – Restitution of property
357. Property found on accused person
Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order—358. Property stolen
Part X – Appeals
(a) Appeals generally
359. Appeal to High Court
360. No appeal on plea of guilty
361. Limitation
362. Petition of appeal
363. Appellant in prison
Where the appellant is in prison, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the prison, who shall thereupon forward the petition and copies to the Registrar of the High Court.[Cap. 4 s. 8]364. Summary rejection of appeal
365. Notice of time and place of hearing
366. Powers of High Court on appeal and right of appellant to appear
367. Order of High Court to be certified to lower court
368. Suspension of sentences and admission to bail pending appeal
369. Further evidence
370. Number of judges on appeal by appellant
371. Withdrawal of appeal
371A. Abatement of appeal on death of appellant
Every appeal from a subordinate court (except an appeal from a sentence of fine) shall abate on the death of the appellant.[Act No. 9 of 2002 Sch.](b) Revision
372. Power of High Court to call for records
373. Power of High Court on revision
374. Discretion of 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 power of revision; save that the Court may, if it thinks fit when exercising such powers, hear any party either personally or by advocate, and that nothing in this section shall be deemed to affect subsection (2) of section 373.375. Number of judges on revision
All proceedings of the High Court in the exercise of its revisional jurisdiction may be heard and any judgment or order thereon may be made or passed by one judge:Provided that, when the court is composed of more than one judge and is equally divided in opinion, the sentence or order of the subordinate court shall be upheld.376. High Court order to be certified to lower court
Where a case is revised by the High Court it 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 certified and, if necessary, the record shall be amended in accordance therewith.[Cap. 4 s. 8](c) Appeals by Director of Public Prosecutions
377. Interpretation
In the following section of this Part unless the context otherwise requires—"Director of Public Prosecutions" includes any officer subordinate to him acting in accordance with his general or special instructions;"respondent" means the person who was the accused in the proceedings to which the appeal under section 378 relates and who may be affected by any order of the High Court on such appeal.378. Appeals by Director of Public Prosecutions
379. Limitation
380. Petition of appeal
381. Notice of time and place of hearing
382. Director of Public Prosecutions may address court
383. Non-attendance of parties
384. Further evidence
385. Number of judges on appeal by Director of Public Prosecutions
The provisions of section 370 shall apply to appeals under section 378.386. Withdrawal of appeal by Director of Public Prosecutions
386A. Abatement of appeal on death of respondent
Every appeal under section 378 shall abate on the death of the respondent.[Act No. 9 of 2002 Sch.]Part XI – Supplementary provisions
(a) Irregular proceedings
387. Proceedings in wrong place
No finding, sentence or order of any criminal 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 region, district or other local area, unless it appears that such error has in fact occasioned a failure of justice.388. Finding or sentence, when reversible by reason of error or omission in charge or other proceedings
389. Distress not illegal nor distrainer a trespasser for defect or want of form in proceedings
No distress made under this Act shall be deemed unlawful, nor shall a person making it be deemed a trespasser on account of any defect or want of form in the summons, conviction, warrant of distress or other proceeding relating thereto.(b) Directions in the nature of habeas corpus and writs
390. Power to issue directions of nature of habeas corpus
391. Power of High Court to issue writs
The High Court may in the exercise of its criminal jurisdiction, issue any writ which may be issued by such court.(c) Miscellaneous
392. Persons before whom affidavits may be sworn
Affidavits and affirmation to be used before the High Court may be sworn and affirmed before a judge of the High Court or any magistrate or the Registrar of Deputy Registrar of the High Court or any justice of the peace or commissioner for oaths.392A. Applications
393. Copies of proceedings
Where any person affected by any judgment or order passed in any proceedings under this Act desires to have a copy of the judgment or order or any deposition or other part of the record he shall, on applying for such copy, be furnished therewith; provided, as respects any deposition or part of the record other than the judgment or order, he pays for it unless the court for some special reason thinks fit to furnish it free of cost.[Cap. 4 s. 8]394. Forms
Such forms as the High Court may from time to time approve, with such variations as the circumstances of each may require, may be used for the respective sufficient.395. Expenses of assessors, witnesses, etc.
Subject to any rules which may be made by the Minister, any court may order payment on the part of Government of the reasonable expenses of any assessor, complainant or witness attending before the court for the purposes of an inquiry, trial or other proceedings under this Act.395A. Sexual offender’s indices
For the purpose of enforcement of sexual offences prescribed under the Penal Code, the Minister may make rules for keeping computerised DNA database system containing indices of DNA profiles for a crime scene index, missing or unidentified sexual offenders’ index, unidentified deceased persons’ index and any other statistical indices which may be necessary within the circumstances.[Cap. 16; Act No. 2 of 2010 s. 7]396. Repeal of Act No. 5 of 1945
Repeals the Criminal Procedure Code with savings.History of this document
18 January 2021 amendment not yet applied
Amended by
Arbitration Act, 2020
21 February 2020 amendment not yet applied
30 November 2019 this version
Consolidation
01 November 1985
Commenced
Subsidiary legislation
| Title | Numbered title |
|---|---|
| Appointment of Government Analysts Notice, 1953 | Government Notice 401 of 1953 |
| Criminal Procedure (Appointment of Handwriting Expert) Order, 2017 | Government Notice 15 of 2017 |
| Criminal Procedure (Approved Forms) Notice, 2017 | Government Notice 429 of 2017 |
| Criminal Procedure (Extension of Jurisdiction) Order, 2018 | Government Notice 219 of 2018 |
| Criminal Procedure (Habeas Corpus) Rules, 1930 | Government Notice 150 of 1930 |
| Criminal Procedure (Plea Bargaining Agreement) Rules, 2021 | Government Notice 180 of 2021 |
| Criminal Procedure (Police Supervision) Rules, 1952 | Government Notice 344 of 1952 |
| Criminal Procedure (Record of Evidence) (High Court) Rules, 1953 | Government Notice 28 of 1953 |
| Notisi ya Kuteua Mahali pa Vikao vya Mahakama kuu katika Utekelezaji wa Mamlaka yake ya Awali ya kijinai ya Mwaka 2022 | Government Notice 576 of 2022 |
| Public Prosecutors (Appointment) Notice, 1943 | Government Notice 137 of 1943 |
Documents citing this one 47
Judgment 15
- Deemay Daati & Others vs Republic (Criminal Appeal 80 of 1994) [2004] TZCA 63 (5 October 2004)
- Deemay Daati and 2 Others and The Republic (Criminal Appeal 80 of 1994) [2004] TZCA 41 (5 October 2004)
- Deemay Daati and 2 Others vs The Republic (2) (Criminal Appeal 80 of 1994) [2004] TZCA 43 (5 October 2004)
- Director of Public Prosecutions vs Pete (28 of 1990) [1991] TZCA 1 (16 May 1991)
- Geofrey Mnenuka vs Republic (Criminal Appeal 9 of 2004) [2005] TZHC 162 (21 March 2005)
- Idd Kondo vs Republic (Criminal Appeal 46 of 1998) [2003] TZCA 34 (24 November 2003)
- Ikoi Sugaji vs Republic [2013] TZCA 502 (18 September 2013)
- Ikoi Sugaji vs Republic [2013] TZCA 503 (18 September 2013)
- Mtendawema Said vs Republic (Criminal Appeal 199 of 2011) [2012] TZCA 228 (16 July 2012)
- Nikas Desdery @ Oisso vs Republic [2014] TZCA 2144 (16 June 2014)
- Peter Thomas Alias Peter Toshi vs Republic [1996] TZHC 11 (2 September 1996)
- Republic vs Abdallah Rajabu Mwalimu (Criminal Session 17 of 2015) [2016] TZHC 1 (15 May 2016)
- Republic vs Daati & Others (Criminal Appeal 80 of 1994) [2004] TZCA 18 (5 October 2004)
- Republic vs Singo Nzinyangwa (Misc. Criminal Revision No. 3 of 2004) [2005] TZHC 293 (30 September 2005)
- Zakayo Kusaja & Richard Mtalisi vs Petro Tapa & Mtiyani Ghambi [1992] TZHC 19 (4 August 1992)
Law Reform Report 1
Legislation 31
- Affiliation Act
- Animals (Protection) Act
- Criminal Procedure (Police Supervision) Rules, 1952
- Entertainments Tax Act
- Executive Agencies (Government Chemist Laboratory) (Establishment) Order, 2000
- Export Tax Act
- Expulsion of Undesirables Act
- Foreign Exchange Act
- Hotels Act
- Kariakoo Market Corporation Act
- Local Authorities (Elections) Act, 1979
- Mental Diseases Act
- Minimum Sentences Act
- Mutual Assistance in Criminal Matters Act
- National Lotteries Act
- Newspapers Act
- Ngorongoro Conservation Area Act
- Parole Boards Act
- Penal Code
- Prevention of Corruption Act
- Prevention of Gambling Act
- Preventive Detention Act
- Refugees Act, 1998
- Road Traffic Act
- Societies Act
- Special Tribunals Act
- Tanzania Audit Corporation Act
- Tourists Agents (Licensing) Act
- Visiting Forces Act
- Weight and Measures Act, 1982
- Wildlife Conservation Act