Penal Code

Chapter 16

There are outstanding amendments that have not yet been applied. See the History tab for more information.

Citation

Chapter 16

Date

Language

English

Type

Legislation

Penal Code

Chapter 16

Published in Tanzania Government Gazette
Commenced on 28 September 1945
[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.]

[R.L. Cap. 390; R.L. Cap. 400; R.L. Cap. 440; Ord. Nos. 11 of 1930; 10 of 1936; 24 of 1939; 16 of 1943; 21 of 1945; 11 of 1954; 47 of 1954; 19 of 1958; G.N. No. 2 of 1962; Acts Nos. 5, 23, 44 and 60 of 1961; 12, 61 of 1962; 15, 20 and 55 of 1963; 16 and 65 of 1964; 2 of 1965; 12, 24, 31 and 65 of 1966; 23 of 1967; 50 of 1968; 2 of 1970; 5, 15 and 26 of 1971; 2, 13 and 31 of 1972; 23 of 1973; 3 of 1976; 14 of 1980; 11 of 1983; 13 of 1984; 7 and 9 of 1985; 12 of 1987; 3 of 1988; 10 and 17 of 1989; 1, 5 and 17 of 1990; 19 of 1992; 1 of 1993; 3 of 1995; 31 of 1997; 4 and 12 of 1998; 10 of 2001; 9 of 2002; 25 of 2002; 4 of 2004; 19 of 2004; 8 of 2006; 19 of 2007; 6 of 2008; 3 of 2009; 21 of 2009; 11 of 2010; 3 of 2011; 10 of 2013; 14 of 2015; 13 of 2019; G.Ns. Nos. 478 of 1962; 222 of 1971; 67 of 1972; 15 of 1981]An Act to establish a code of criminal law.

Part I – General provisions

Chapter I
Preliminary provisions

1. Short title

This Act may be cited as the Penal Code, and hereinafter is referred to as "this Code".[Ord. No. 21 of 1945 s. 2]

2. Disapplication

Disapplication of Indian Penal Code.

3. Saving of certain laws

(1)Nothing in this Code shall affect—

(a)the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Mainland Tanzania other than this Code;

(b)the liability of a person to be tried or punished for an offence under the provisions of any law in force in Mainland Tanzania relating to the jurisdiction of the courts in respect of acts done beyond the ordinary jurisdiction of those courts;

(c)the power of any court to punish a person for contempt of court; or

(d)any power of the President to grant a pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed.

(2)Where a person commits an offence which is punishable under this Code and is also punishable under another law of any of the kinds mentioned in this section, he shall not be punished for that offence both under that law and also under this Code.[Ord. No. 49 of 1955 s. 2; R.L. Cap. 500 s. 36; Cap. 4 s. 8]

Chapter II
Interpretation

4. General rule of construction

Subject to the provisions of the Interpretation of Laws Act and the expressions specifically defined in this Code, the Code shall be construed according to the principles of construction which may be applied to any written law, with regard to Tanzanian conditions and without applying any principle of strict construction relating to penal legislation.[Cap. 1; Act No. 14 of 1980 s. 3]

5. Interpretation

In this Code, unless the context requires otherwise—"court" means a court of competent jurisdiction;"dwelling house" includes any building or structure which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling house is deemed to be part of the dwelling house if there is communication between that building or structure and the dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise;"harm" means any bodily hurt, disease or disorder whether permanent or temporary;"dangerous harm" means harm endangering life;"grievous harm" means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense;"judicial proceeding" includes any proceeding had or taken in or before court, tribunal, commission or person in which or before whom evidence may be taken on oath;"knowingly" used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;"local government authority" means a local government authority established by law;"maim" means the destruction or permanent disabling of any external or internal organ, member or sense;"money" includes bank notes, currency notes, bank drafts, cheques and other orders, warrants or requests for the payment of money;"night" or "night-time" means the period between seven o’clock in the evening and six o’clock in the morning;"offence" means an act, attempt or omission punishable by law;"person" and "owner" and other like terms when used with reference to property include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the Government;"person employed in the public service" means any person holding any of the following offices or performing the duty thereof, whether as a deputy or not, namely—(a)any public office of the President, and any office the power of appointing a person to which or of removing from which is vested in the President or in a commission or board to which the President has delegated his function of, or which is established by written law for the purpose of, making appointments to any office;(b)any office to which a person is appointed or nominated under any law;(c)any public office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in paragraph (a) or (b); or(d)any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any law; and also means—(i)a justice of the peace;(ii)a member of a commission of inquiry appointed under or in pursuance of any law;(iii)any person employed to execute any process of a court;(iv)a member of the Regular Force of the Defence Forces, a member of the National Service, and any other member of the Defence Forces when on duty;(v)a person in the employment of any government department;(vi)a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intended marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect.(vii)a member of a local government authority(viii)a municipal councilor;(ix)a person in the employment of a local government authority;(x)any person employed by or in the service of any public corporation established under the Public Corporations Act or a corporation established by or under any written law other than the Companies Act or a company incorporated under the Companies Act which is wholly owned by the Government or which is a subsidiary of any public corporation;[Caps 257; 212]"possession" "be in possession of’ or "have in possession" includes—(a)not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to, or occupied by oneself or not) for the use or benefit of oneself or of any other person;(b)if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;"property" includes everything animate or inanimate capable of being the subject of ownership;"public" refers not only to all persons within Mainland Tanzania but also to the persons inhabiting or using any particular place, or any number of those persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;"public way" includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;"public place" or "public premises" includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings, or assembly or as an open court"publicly" when applied to an act means either—(a)that it is so done in any public place as to be seen by any person whether such person is in a public place; or(b)that it is so done in any place not being a public place as to be likely to be seen by any person in a public place;"utter" includes using or dealing with and attempting to use or deal with and attempting any person to use, deal with or act upon the thing in question;"valuable security" includes any document which is the property of any person and which is evidence of the ownership of any property or of the right to recover or receive any property;"vessel" includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;"wound" means any incision or puncture which divides or pierces any exterior membrane of the body; and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.[R. L CAP. 500 ss. 8, 36; R. L. Cap. 537 6th Sch.; R. L. Cap. 553 2nd Sch.; Act Nos. 2 of 1965 Sch; 24 of 1966 2nd Sch.; 50 of 1968 1st Sch.; 14 of 1980 s. 4]

Chapter III
Territorial application of this Code

6. Extent of jurisdiction of local courts

(1)The jurisdiction of the Courts of Tanzania for the purposes of this Code extends to—

(a)every place within the territorial waters;

(b)any offence committed by a citizen of Tanzania in any place outside Tanzania;

(c)any offence committed by any person on an aircraft registered in Tanzania; and

(d)offences committed by any person on the high seas.

(2)For the purposes of this section the term "high seas" means the open seas of the world outside the jurisdiction of any state.[Act No. 11 of 2010 s. 18; Cap. 4 s. 8]

7. Offences committed partly within and partly beyond the jurisdiction

When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.

Chapter IV
General rules as to criminal responsibility

8. Ignorance of law

Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.

9. Bona fide claim of right

A person is not criminally responsible in respect of an offence relating to property if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.

10. Relevance of intention or motive

(1)Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will or for an event which occurs by accident.

(2)Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.

(3)Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.

11. Mistake of fact

(1)A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist.

(2)The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.

12. Presumption of sanity

Every person is presumed to be of sound mind and to have been of sound mind at any time which comes in question until the contrary is proved.

13. Insanity

(1)A person shall not be criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind—

(a)incapable of understanding what he is doing;

(b)incapable of appreciating that he ought not to do the act or omission; or

(c)does not have control of the act or omission.

(2)A person may be criminally responsible for an act or omission although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects referred to in subsection (1) to that act or omission.[Act No. 31 of 1997 Sch.]

14. Intoxication

(1)Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.

(2)Intoxication shall be a defence to a criminal charge if by reason thereof the person charged at the time of the act or omission complained of he did not understand what he was doing and—

(a)the state of intoxication was caused without his consent by the malicious or negligent act of another person; or

(b)the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.

(3)Where the defence under subsection (2) is established, then in a case falling under paragraph (a) of that subsection the accused shall be discharged and in a case falling under paragraph (b) of that subsection the provisions of this Code and of the Criminal Procedure Act relating to insanity shall apply.[Cap. 20]

(4)Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.

(5)For the purpose of this section "intoxication" shall be deemed to include a state produced by narcotics or drugs.

15. Immature age

(1)A person under the age of ten years is not criminally responsible for any act or omission.

(2)A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.

(3)A male person under the age of twelve years is presumed to be incapable of having sexual intercourse.

(4)Any person under the age of twelve years who commits an act or omission which is unlawful shall be dealt with under the Law of the Child Act.[Cap. 13][Acts Nos. 4 of 1998 s. 4; 21 of 2009 s. 174]

16. General immunity for officers

Save as is expressly provided by this Code, no act or thing done or omitted to be done by a judicial officer shall, if the act or omission was done or omitted bona fide in the exercise of his judicial function, render the judicial officer criminally liable for the act or omission.[Act No. 2 of 1970]

17. Compulsion

A person is not criminally responsible for an offence if it is committed by two or more offenders and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or do him grievous bodily harm if he refuses; but threats of future injury do not excuse any offence, unless the offender is a child.[Act No. 21 of 2009 s. 175]

18. Defence of person or property

Subject to the provisions of section 18A, a person is not criminally liable for an act done in the exercise of the right of self defence or the defence of another or the defence of property in accordance with the provisions of this Code.[Act No. 14 of 1980 s. 6]

18A. The right of defence

(1)Subject to the provisions of this Code every person has the right—

(a)to defend himself or any other person against any unlawful act or assault or violence to the body; or

(b)to defend his own property or any property in his lawful possession, custody or under his care or the property of any other person against any unlawful act of seizure or destruction or violence.

(2)In this section, the expression "property of any other person" includes any property belonging to the Government or a public corporation or an employer or any property communally owned by members of the public as a co-operative society or a village, whether or not that village is registered under the Local Government (District Authorities) Act.[Cap. 287][Act No. 14 of 1980 s. 7]

18B. Use of force in defence

(1)In exercising the right of self defence or in defence of another or in defence of property, a person shall be entitled to use only such reasonable force as may be necessary for that defence.

(2)A person shall be criminally liable for any offence, resulting from excessive force used in self defence or in defence of another or in defence of property.

(3)Any person who causes the death of another as the result of excessive force used in defence, shall be guilty of manslaughter.[Act No. 14 of 1980 s. 7]

18C. When right of defence extends to causing death

(1)The right of self defence or the defence of another or defence of property shall extend to a person who, in exercising that right, causes death or grievous harm to another and the person so acting, acts in good faith and with an honest belief based on reasonable grounds that his act is necessary for the preservation of his own life or limb or the life or limb of another or of property, in the circumstances where—

(a)the lawful act is of such a nature as may reasonably cause the apprehension that his own death or the death of another person could be the consequence of that act;.

(b)the lawful act is of such a nature as may reasonably cause the apprehension that grievous harm to his own body or the body of another could be the consequence of that unlawful act;

(c)the unlawful act is with the intention of committing rape or defilement or an unnatural offence;

(d)the unlawful act is with the intention of kidnapping or abducting; or

(e)the unlawful act is burglary or robbery or arson or any offence which endangers life or property.

(2)Where in the exercise of a right of defence in accordance with this Code, the person exercising that right is in such a situation that he cannot effectively exercise that right without risk of harm to an innocent person or property, his right of defence extends to the running of that risk.[Act No. 14 of 1980 s. 7; Cap. 4 s. 8]

19. Use of force in effecting arrest

Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary or the degree of force used was reasonable for the apprehension of such person, have regard to the gravity of the offence which had been, or was being, committed by that person and the circumstances in which such offence had been, or was being, committed by that person.

20. Compulsion by husband

A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence and under the coercion of the husband.

21. Person not to be punished twice for same offence

A person shall not be punished twice, either under the provisions of this Code or under the provisions of any other law, for the same offence.[Ord. No. 49 of 1955 s. 3]

Chapter V
Parties to offences

22. Principal offenders

(1)When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing namely—

(a)every person who actually does the act or makes the omission which constitutes the offence;

(b)every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

(c)every person who aids or abets another person in committing the offence;

(d)any person who counsels or procures any other person to commit the offence, in which case he may be charged either with committing the offence or with counseling or procuring its commission.

(2)A conviction of counseling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

(3)A person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind and is liable to the same punishment as if he had himself done the act or the omission.

23. Offences committed by joint offenders in prosecution of common purpose

When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

24. Counseling another to commit an offence

When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel and in either case the person who gave the counsel is deemed to have counseled the other person to commit the offence actually committed by him.

Chapter VI
Punishments

25. Kinds of punishments

The following punishments may be inflicted by a court—

(a)death;

(b)imprisonment;

(c)corporal punishment;

(d)fine;

(e)forfeiture;

(f)payment of compensation;

(g)finding security to keep the peace and be of good behavior or to come up for judgment;.

(h)any other punishment provided by this Code or by any other law.

26. Sentence of death

(1)When a person is sentenced to death, the sentence shall direct that he shall suffer death by hanging:Provided that, if a woman convicted of an offence punishable with death is alleged to be pregnant, the court shall inquire into the fact and, if it is proved to the satisfaction of the court that she is pregnant the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death.

(2)The sentence, of death shall not be pronounced on or recorded against any person who at the time of the commission of the offence was under eighteen years of age, but in, lieu of the sentence of death, the court shall sentence that person to be detained during the President’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Minister for the time being responsible for legal affair may direct, and whilst so detained shall be deemed to be in legal custody.

(3)When a person has been sentenced to be detained during the President’s pleasure under subsection (2), the presiding judge shall forward to the Minister for the time being responsible for legal affairs a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing such recommendation or observation on the case as he may think fit to make.

(4)The superintendent of a prison or other place in which a person under the age of eighteen years is detained by a direction of the Minister under subsection (2), shall make a report in writing to the Minister of the condition, history and character of such person at the expiration of a period of ten years from the period of the Minister’s direction.

(5)Upon receipt and consideration of the report under subsection (4), the Minister may order that a person under the age of eighteen years be discharged or otherwise dealt with on such conditions as to his remaining under the supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the said person and the public as the Minister shall think fit.[Acts Nos. 55 of 1963 6th Sch.; 31 of 1997 Sch.; 9 of 2002 Sch.]

27. Imprisonment

(1)[omitted by virtue of s. 3 of Cap. 357]

(2)A person liable to imprisonment may be sentenced to pay a fine in addition to, or instead of, imprisonment, or where the court so determines under the Community Service Act, to community service under a community service order.[Cap. 291]

28. Corporal punishment

Subject to the provisions of the Minimum Sentences Act, where in this Code it is provided that any person shall be liable to undergo corporal punishment, such punishment shall, if awarded, be inflicted in accordance with the provisions of the Corporal Punishment Act.[Cap. 90; Caps 17; 11 6th Sch.]

29. Fines

Where a fine is imposed under any law, in the absence of express provisions relating to the fine in that law the following provisions shall apply—

(a)where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited but shall not be excessive;

(b)in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the court;

(c)in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with a fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion—

(i)direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and

(ii)issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant:

Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so;

(d)the term of imprisonment ordered by a court in respect of money adjudged to be paid upon conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as in the opinion of the court will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale—

Not exceeding Shs. 50,000/	14 days
Exceeding Shs. 50,000/= but not exceeding Shs. 100,000/=	2 months
Exceeding Shs. 100,000/= but not exceeding Shs. 500,000	6 months
Exceeding Shs. 500,000/= but not exceeding 1,000,000/=	12 months
Exceeding shs. 1,000,000/=	24 months

(e)the imprisonment which is imposed in default of payment of a fine shall terminate when the fine is either paid or levied by process of law.

[Acts Nos. 13 of 1972 Sch.; 25 of 2002 Sch.; 13 of 2019 s. 66]

30. Forfeiture

When a person is convicted of an offence under section 111 or 112, the court may, in addition to or in lieu of, any penalty which may be imposed, order the forfeiture to the Republic of any property which has passed in connection with the commission of the offence, or if the property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property and payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine.[R.L. Cap. 400 s. 15; R.L. Cap. 500 s. 12]

31. Compensation

In accordance with the provisions of section 348 of the Criminal Procedure Act, any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence and the compensation may be either in addition to or in substitution for any other punishment.[Cap. 20]

32. Costs

Subject to the limitations imposed by section 345 of the Criminal Procedure Act, a court may order any person convicted of an offence to pay the costs of and incidental to the whole or part of the prosecution.[Cap. 20]

33. Security for keeping peace

A person convicted of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognisance, with or without sureties, in such amount as the court thinks fit, requiring him to keep the peace and be of good behavior for a time to be fixed by the court, and may be ordered to be imprisoned until such recognisance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognisance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.

34. ***

[repealed by Ord. No. 5 of 1961 s. 2]

35. General punishment for offences where penalty not prescribed

When in this Code no punishment is expressly provided for any offence, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.

36. Sentences cumulative unless otherwise ordered

Where a person after conviction for an offence is convicted of another offence, either before sentence is passed upon him under the first conviction or before the expiration of that sentence any sentence, other than a sentence of death or of corporal punishment which is passed upon him under the subsequent conviction shall be executed after the expiration of the former sentence unless the court directs that it shall be executed concurrently with the former sentence or any part of that sentence:Provided that, a court shall not direct that a sentence of imprisonment in default of payment of a fine be executed concurrently with a former sentence under section 29(c) (i) or with any part of that a sentence.

37. Escaped convicts to serve unexpired sentences when recaptured

When sentence is passed under this Code on an escaped convict the sentence, if of death, fine or corporal punishment shall, subject to the provisions of this Code, take effect immediately and, if of imprisonment, shall take effect according to the following rules, that is to say—

(a)if the new sentence is severer than the sentence which the convict was undergoing when he escaped, the new sentence shall take effect immediately and he shall serve any period of imprisonment in respect of his former sentence which remained unexpired at the time of his escape after he has completed serving his new sentence;

(b)when the new sentence is not severer than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has served imprisonment for a further period equal to that part of his former sentence which remained unexpired at the time of his escape.

38. Absolute and conditional discharge

(1)Where a court by or before which a person is convicted of an offence is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may make an order discharging him absolutely or, if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified in the order.

(2)An order discharging a person subject to the condition referred to in subsection (1) is hereinafter referred to as "an order for conditional discharge" and the period specified in any order as "the period of conditional discharge".

(3)Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

(4)Where an order discharging an offender is made under this section the court may order him to pay any compensation adjudged under section 31 or any costs ordered under section 32 of this Code.[Ord. No. 5 of 1961]

38A. Commission of further offence

(1)Where it appears to a judge or a magistrate that a person in respect of whom an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge he may, upon information in writing and on oath, issue a summons requiring that person to appear at the place and time specified therein or may issue a warrant for his arrest.

(2)A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the court by which the order for conditional discharge was made.

(3)Where a person is in respect to whom an order for conditional discharge has been made is convicted by a magistrate of an offence committed during the period of conditional discharge, the magistrate may commit him to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the order for conditional discharge was made.

(4)Where it is proved to the satisfaction of the court by which the order for conditional discharge was made that the person in respect of whom the order was made has been convicted of an offence committed during the period of conditional discharge, the court may pass any sentence upon him which it could pass if he had just been convicted by that court of the original offence.

(5)Where a person in respect of whom an order for conditional discharge has been made by a magistrate is convicted by the High Court of an offence committed during the period of conditional discharge, the High Court may pass any sentence upon him which the court made the order for conditional discharge could pass as if he had just been convicted by that court of the original offence.

(6)Where under the provisions of this section a person who has been conditionally discharged is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.[Ord. No. 5 of 1961 s. 3; Cap 4 s. 8]

38B. Effect of conviction and discharge

(1)Subject to the provisions of subsection (2), where a person is convicted of an offence and discharged either absolutely or conditionally under the provisions of section 38, his conviction for that offence shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against him under the provisions of section 38A:Provided that, where a person who has been conditionally discharged is subsequently sentenced under section 38A for the offence in respect of which the order for conditional discharge was made, this section shall cease to apply in respect of that offence and he shall be deemed to have been convicted on the date of the sentence.

(2)Nothing in this section shall affect—

(a)the right of any person who has been convicted and discharged either absolutely or conditionally to appeal against his conviction or to rely thereon in bar of any subsequent proceedings for the same offence; or

(b)the revesting or restoration of any property in consequence of the conviction of that person.

Part II – Crimes

Division I – Offences against public order

Chapter VII
Treason and other offences against the Republic

39. Treason

(1)Any person who, being under allegiance to the United Republic—

(a)in the United Republic or elsewhere, murders or attempts to murder the President; or

(b)in the United Republic, levies war against the United Republic,

shall be guilty of treason and shall be liable on conviction to suffer death.

(2)Any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, forms an intention to effect or to cause to be effected, or forms an intention to instigate, persuade, counsel or advise any person or group of person to effect or to cause to be effected, any of the following acts, deeds or purposes, that is to say—

(a)the death, maiming or wounding, or the imprisonment or restraint, of the President;

(b)the deposing by unlawful means of the President from his position as President or from the style, honour and name of Head of State and Commander-in-Chief of the Defence Forces of the United Republic;

(c)the overthrow by unlawful means, of the Government of the United Republic; or

(d)the intimidation of the Executive, the Legislature or the Judiciary of the United Republic,

and manifests such intention by publishing any writing or printing or by any overt act or deed whatsoever shall be guilty of treason and shall be liable on conviction to be sentenced to death.

(3)Any person who, being under allegiance to the United Republic—

(a)adheres to the enemies of the United Republic or gives them aid or comfort, in the United Republic or elsewhere;

(b)instigates, whether in the United Republic or elsewhere, any person to invade the united Republic with an armed force; or

(c)takes up arms within the United Republic in order, by force of constraint, to compel the Government of the United Republic to change its measures or counsels, or in order to put any force or constraint on, or in order to intimidate or overawe, the Government of the United Republic,

shall be guilty of treason and shall be liable on conviction to suffer death.

(4)Any person who, being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic does any act which is designed or likely to give assistance to such enemy, or to interfere with the maintenance of public order or the Government of the United Republic, or to impede the operation of the Defence Forces or the Police Force, or to endanger life, shall be guilty of treason and shall be liable on conviction to suffer death.[Act No. 2 of 1970 Sch.]

40. Treasonable offences

Any person who, not being under allegiance to the United Republic, in the United Republic or elsewhere, with intent to help any enemy of the United Republic, would amount to the offence of treason under section 39, shall be guilty of an offence and shall be liable on conviction to be sentenced to death.[Act No. 2 of 1970]

41. Misprision of treason

Any person who—

(a)becomes an accessory after the fact to treason or to a treasonable offence; or

(b)knowing that any person intends to commit treason or treasonable offence does not give information thereof with all reasonable dispatch to an administrative officer or a magistrate or a police officer, or use other reasonable endeavours to prevent the commission of the offence,

shall be guilty of the offence termed "misprision of treason" and shall be liable on conviction to imprisonment for life.

42. ***

[omitted]

43. Promoting warlike undertakings

Any person who, without lawful authority, carries on or makes preparation for carrying on, or aids in or devises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in the United Republic, shall be guilty of an offence and shall be liable on conviction to imprisonment for life.[Act No. 2 of 1970]

44. ***

[replaced by C.A. 2 of 1962 s. 36]

45. Inciting to mutiny

Any person who advisedly attempts to effect any of the following purposes, that is to say—

(a)to seduce any member of the Police Force, the Prisons Service or the National Service from his duty and allegiance to the United Republic;

(b)to incite any such person to commit an act of mutiny or any traitorous or mutinous act; or

(c)to incite any such person to make or endeavour to make a mutinous assembly,

is guilty of an offence and is liable to imprisonment for life.[R. L Cap. 500 s. 8; Act No. 24 of 1966 2nd Sch.]

46. Aiding soldiers or police officers in acts of mutiny

Any person who—

(a)aids, abets, or is accessory to, any act of mutiny by any member of the Police Force, Prisons Service or National Service; or

(b)incites any member of the Police Force, Prisons Service or National Service to sedition or to disobedience to any lawful order given by a superior officer is guilty of an offence.

[Act No. 24 of 1966 2nd Sch.]

47. Inducing soldiers or police officers to desert

Any person who, by any means whatsoever, directly or indirectly—

(a)procures or persuades or attempts to procure or persuade to desert;

(b)aids, abets or is accessory to the desertion of; or

(c)having reason to believe he is a deserter, harbours or aids in concealing,

any member of the Police Force, Prisons Service or National Service, is guilty of an offence and is liable to imprisonment for six months.[Act No. 4 of 1966 2nd Sch.]

48. Aiding prisoners of war to escape

Any person who—

(a)knowingly and advisedly aids an enemy of the Republic who is a prisoner of war, whether the prisoner is confined in a prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Mainland Tanzania, is guilty of an offence, and is liable to imprisonment for life;

(b)negligently and unlawfully permits the escape of any person referred to in paragraph (a) is guilty of an offence.

[Cap. 500 s. 36]

49. Definition of overt act

In the case of any of the offences set out in this Chapter, when the manifestation by an overt act of the intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose and every act done in furtherance of the purpose by any of the persons conspiring is deemed to be an overt act manifesting the intention.

50. ***

[repealed by Act No. 3 of 1976 s. 55]

51. ***

[repealed by Act No. 3 of 1976 s. 55]

52. ***

[repealed by Act No. 3 of 1976 s. 55]

53. ***

[repealed by Act No. 3 of 1976 s. 55]

54. ***

[repealed by Act No. 3 of 1976 s. 55]¹¹ Note: Sections 51, 52, 53,54, 56, 57, 58, 63, 63A were re-enacted in the Newspapers Act

55. Seditious intention

(1)A seditious intention is an intention to—

(a)bring into hatred or contempt or to excite disaffection against the lawful authority of the United Republic or its Government;

(b)excite any of the inhabitants of the United Republic to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the United Republic as by law established;

(c)bring into hatred or contempt or to excite disaffection against the administration of justice in the United Republic;

(d)raise discontent or disaffection amongst any of the inhabitants of the United Republic; or

(e)promote feelings of ill-will and hostility between different classes of the population of the United Republic.

(2)An act, speech or publication is not seditious by reason only that it intends to—

(a)show that the Government has been misled or mistaken in any of its measures;

(b)point out errors or defects in the Government or Constitution of the United Republic as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects;

(c)persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic as by law established; or

(d)point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of the United Republic.

(3)In determining whether or not the intention with which any act was done, any words were spoken or any document was published is seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and in the circumstances in which he so conducted himself.[Ord. No 18 of 1950 s. 2; R.L. Cap. 455 s. 19; R.L. Cap. 500 s. 36]

56. ***

[repealed by Act No. 3 of 1976 s. 55]

57. ***

[repealed by Act No. 3 of 1976 s. 55]

58. ***

[repealed by Act No. 3 of 1976 s. 55]

59. Unlawful oaths to commit offences

Any person who—

(a)administers, or is present at and consents to, the administering of any oath or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or

(b)takes any such oath or engagement, not being compelled to do so, is guilty of an offence and is liable to imprisonment for life.

60. Other unlawful oaths to commit offences

Any person who—

(a)administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it—

(i)to engage in any mutinous or seditious enterprise;

(ii)to commit any offence not punishable with death;

(iii)to disturb the public peace;

(iv)to be of any association, society or confederacy, formed for the purpose of doing any of the acts referred to in subparagraphs (i) to (iii) of this paragraph;

(v)to obey the orders or commands of any committee or other body of persons not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose;

(vi)not to inform or give evidence against any associate, confederate or other person; or

(vii)not to reveal or discover any unlawful association, society or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of the oath or engagement;

(b)takes any such oath or engagement, not being compelled to do so,

is guilty of an offence and is liable to imprisonment for seven years.

61. Compulsion as defence

A person who takes any oath or engagement referred to in section 60 cannot set up as a defence that he was compelled to do so unless, within fourteen days after taking it or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before a magistrate or, if he is on actual service in the military forces of the United Republic in the Police Force, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter including the persons by whom and in whose presence, and the place where and the time when the oath or engagement was administered or taken.

62. Unlawful drilling

(1)Any person who—

(a)without the permission of the Minister for the time being responsible for home affairs trains or drills any other person to the use of arms or the practice of military exercises, movements or evolutions; or

(b)is present at any meeting or assembly of persons, held without the permission of the Minister for the time being responsible for home affairs, for the purpose of training or drilling any other person to the use of arms or the practice of military exercise, movements or evolutions,

is guilty of an offence and is liable to imprisonment for seven years.

(2)Any person who, at any meeting or assembly held without the permission of the Minister for the time being responsible for home affairs, is trained or drilled to the use of arms or the practice of military exercises, movements or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of an offence.[R.L. Cap. 455 s. 20]

63. ***

[repealed by Act No. 3 of 1976 s. 55]

63A. ***

[repealed by Act No. 3 of 1976 s. 55]

63B. Raising discontent and ill-will for unlawful purposes

(1)Any person who, to any assembly, makes any statement likely to raise discontent amongst any of the inhabitants of the United Republic or to promote feelings of ill-will between different classes or communities of persons of the United Republic, is guilty of an offence and is liable to a fine not less than five hundred thousand shillings or to imprisonment for a term of not less than one year:Provided that, no person shall be guilty of an offence under the provisions of this section if the statement was made solely for any one or more of the following purposes, the proof whereof shall lie upon him, that is to say—

(a)to show that the Government has been misled or mistaken in any of its measures;

(b)to point out errors or defects in the Government or its policies or the Constitution of the United Republic as by law established, or in any legislation or in the administration of justice with a view to the remedying of those errors or defects;

(c)to persuade any inhabitants of the United Republic to attempt to procure by lawful means the alteration of any matter in the United Republic; or

(d)to point out, with a view to their removal, any matters which are producing or have a tendency to produce discontent amongst any of the inhabitants of the United Republic or feelings of ill-will and enmity between different classes or communities of persons of the United Republic.

(2)For the purposes of this section "an assembly" means a gathering of seven or more persons.

(3)A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions.[Ords. Nos. 49 of 1955 s. 6; 10 of 1955 s. 2; G.N No. 236 of 1961; R. L. Cap. 500 s. 36; Act No. 10 of 2013 s. 43]

63C. Hate speech

(1)A person who—

(a)uses threatening, abusive or insulting words or behavior, or displays any written material;

(b)publishers or distributes written material;

(c)presents or directs the performance, the public performance of a play;

(d)distributes, shows or plays, a recording of audio or visual images;

(e)direct a public performance of a play; or

(f)provides, produce or directs a programme, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior,

commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.

(2)Any person who commits an offence under this section shall be liable to a fine of five million shillings or to imprisonment for a term not less than five years or to both.

(3)In this section, "hatred" means hatred against a group of persons defined by reference to colour, race, gender, disability, conscience, belief, nationality or ethic or national origins.

(4)For the purpose of this section, publishing includes transmitting communication by means of any network services or application services and include printing of material.[Act No. 10 of 2013 s. 44]

Chapter VIII
Offences affecting relations with foreign states and external tranquility

64. ***

[repealed by Act No. 3 of 1976 s. 55]

65. Foreign enlistment

Any person commits an offence who does any of the following acts without the licence of the President if he—

(a)prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in the expedition;

(b)being a citizen of the United Republic, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state, or whether a citizen of the United Republic or not, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state;

(c)being a citizen of the United Republic, quits or goes on board any vessel with a view of quitting the United Republic, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or whether a citizen of the United Republic or not, induces any other person to quit or to go on board any vessel with a view of quitting the United Republic with the like intent;

(d)being the master or owner of any vessel, knowingly either takes on board or engages to take on board, or has on board the vessel any illegally enlisted persons; or

(e)with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state, builds, agrees to build, causes to be built, equips, dispatches, or causes or allows to be dispatched, any vessel, or issues or delivers any commission for any vessel:

Provided that, a person building, causing to be built, or equipping a vessel in pursuance of a contract made before the commencement of the war is not liable to any of the penalties specified in this section in respect of the building or equipping if—

(i)upon proclamation of neutrality being issued by the President he forthwith gives notice to the Minister for the time being responsible for home affairs that he is so building, causing to be built, or equipping such vessel, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Minister.

(ii)gives such security, and takes and permits to be taken such other measures, if any, as the Minister for the time being responsible for home affairs may prescribe for ensuring that the vessel shall not be dispatched, delivered, or removed without the licence of the President until the termination of the war.

[R.L. Cap. 455 s. 22]

66. Piracy

(1)A person who—

(a)does any act of violence or detention, or any act of degradation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed—

(i)against another ship or aircraft, or against persons or property on board such ship or aircraft; or

(ii)against a ship, aircraft, persons or property in a place outside the jurisdiction of any state;

(b)participates in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; or

(c)does any act of inciting or of intentionally facilitating an act referred to in paragraph (a) or (b), commits an act of piracy.

(2)A person who does or participate in piracy commits an offence of piracy and on conviction is liable to imprisonment for life.

(3)Where a pirate ship is not registered in Tanzania, no prosecution shall be commenced unless there is special arrangement between the arresting state or agency and Tanzania.

(4)No prosecution shall be commenced under this section without the consent of the Director of Public Prosecutions.

(5)For the purposes of this section—"pirate ship or aircraft" means a ship or aircraft under the dominant control of person who—

(a)intend to use such ship or aircraft for piracy; or

(b)have used such ship or aircraft for piracy,

so long as it remains under the control of that person; and"private ship or private aircraft" means a ship or aircraft that is not owned by the Government or held by a person on behalf of or for the benefit of the Government.[Acts Nos. 14 of 1980 s. 8; 11 of 2010 s. 19]