Tanzania
Corporal Punishment Act
Chapter 17
- Published in Tanzania Government Gazette
- Commenced on 1 July 1930
- [This is the version of this document at 30 November 2019.]
- [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.]
1. Short title
This Act may be cited as the Corporal Punishment Act.2. Interpretation
In this Act, unless the context otherwise requires—"adult" means a person of the age of sixteen years and over;"corporal punishment" means—(a)in the case of an adult, whipping; and(b)in the case of a juvenile, caning;"court" includes any person authorised by law to award corporal punishment;"juvenile" means a person under the age of sixteen years.3. Restriction on award of corporal punishment to adults
Notwithstanding anything to the contrary contained in any law other than this Act, corporal punishment shall not be awarded to an adult on conviction by any court unless the offence for which he is convicted is one of the offences mentioned in the Schedule to this Act.[Ord. No. 48 of 1954 s. 2]4. All sentences of corporal punishment to be carried out under provisions of this Act
Where under this Act or under any law referred to in Part II of the Schedule to this Act it is provided that any person shall be liable to undergo corporal punishment, such punishment shall, if awarded, be in accordance with the provisions of this Act.[Act No. 55 of 1963 6th Sch.]5. Liability of adults to corporal punishment
An adult convicted of an offence under Part I of the Schedule to this Act shall be liable to corporal punishment in lieu of or in addition to any other punishment to which he may be liable for of the offence.[Ord. No. 48 of 1954 s. 4]6. Liability of juveniles to corporal punishment
A juvenile convicted of an offence under the Penal Code, other than an offence punishable with death, or of any offence punishable under any other law with imprisonment shall be liable to corporal punishment in lieu of any other punishment to which he may be liable for the offence.[Cap. 16]7. Determination of age
In determining the age of an offender for the purposes of this Act or any other law under which corporal punishment may be awarded the court may, in the absence of direct evidence of age, adjudge such age according to the appearance of the offender.8. Limitation of power to award corporal punishment
9. Mode of infliction
Corporal punishment shall be inflicted in such mode and on such part of the person and with such instrument as the President may by order direct.10. Sentences of corporal punishment non-cumulative
When a person is convicted at one trial of two or more distinct offences, any two or more of which are legally punishable with corporal punishment, only one sentence of corporal punishment may be passed in respect of all the offences.11. Where confirmation required, no sentence to be carried out unless confirmed
Where in any law it is provided that a sentence of corporal punishment, if awarded, shall be subject to confirmation, no such sentence shall be carried out unless it has been confirmed.12. Number of strokes to be specified
13. Execution of sentence
A sentence of corporal punishment shall be carried out without unnecessary delay and shall in no case be carried out after the expiration of six months from the passing of the sentence or, if there has been an appeal from the decision of the court which passed the sentence, from the date on which such appeal was disposed of.[Act No. 11 of 1970 Sch.]14. Detention pending punishment
An offender sentenced to undergo corporal punishment may be detained in a prison or any other convenient place for such time as may be necessary for carrying the sentence into effect, or for ascertaining whether it should be carried into effect.15. Sentence to be carried out in presence of medical officer
16. Consideration of suspended sentences
History of this document
30 November 2019 this version
Consolidation
31 July 2002
Consolidation
Read this version
01 July 1930
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Corporal Punishment Order, 1930 | Government Notice 74 of 1930 |
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