Tanzania
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.]
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
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
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
11. Mistake of fact
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
14. Intoxication
15. Immature age
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
18B. Use of force in defence
18C. When right of defence extends to causing death
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
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—26. Sentence of death
27. Imprisonment
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—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 |
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—38. Absolute and conditional discharge
38A. Commission of further offence
38B. Effect of conviction and discharge
Part II – Crimes
Division I – Offences against public order
Chapter VII
Treason and other offences against the Republic
39. Treason
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—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—46. Aiding soldiers or police officers in acts of mutiny
Any person who—47. Inducing soldiers or police officers to desert
Any person who, by any means whatsoever, directly or indirectly—48. Aiding prisoners of war to escape
Any person who—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 Act55. Seditious intention
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—60. Other unlawful oaths to commit offences
Any person who—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
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
63C. Hate speech
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—66. Piracy
Chapter IX
Unlawful assemblies and riots and other offences against public tranquility
67. ***
[repealed by Ord. No. 11 of 1954 s. 33]68. ***
[repealed by Ord. No. 11 of 1954 s. 33]69. ***
[repealed by Ord. No. 11 of 1954 s. 33]70. ***
[repealed by Ord. No. 11 of 1954 s. 33]71. ***
[repealed by Ord. No. 11 of 1954 s. 33]72. ***
[repealed by Ord. No. 11 of 1954 s. 33]73. ***
[repealed by Ord. No. 11 of 1954 s. 33]74. Definition of unlawful assembly and riot
75. Punishment for unlawful assembly
Any person who takes part in an unlawful assembly is guilty of an offence and is liable to imprisonment for one year.76. Punishment for riot
Any person who takes part in a riot is guilty of an offence.77. Making proclamation for rioters to disperse
A magistrate or, in his absence, a police officer of or above the rank of inspector, or any commissioned officer in the military forces of the United Republic, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation in the President’s name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peacefully.[R.L. Caps. 500 s. 7; 356 s. 11(13)]78. Dispersion of rioters after proclamation
Where upon the expiration of a reasonable time after a proclamation is made, or after the making of the proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make a proclamation, or any police officer, or any other person acting in aid of that person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming the resistance, and shall not be liable in any criminal or civil proceedings for having, by the use of such force, caused harm or death to any person.[Cap. 4 s. 8]79. Rioting after proclamation
Where a proclamation is made, commanding the persons engaged in a riot or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of the proclamation, takes or continues to take part in the riot or assembly is guilty of an offence, and is liable to imprisonment for five years.[Cap. 4 s. 8]80. Preventing or obstructing making of proclamation
Any person who forcibly prevents or obstructs the making of a proclamation referred to in section 77 is guilty of an offence and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for five years.81. Rioters demolishing buildings, etc.
Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy any building, railway, machinery or structures are guilty of an offence, and each of them is liable to imprisonment for life.82. Rioters damaging buildings, etc.
Any persons who, being riotously assembled together, unlawfully damage any of the things in section 81 are guilty of a felony and each of them is liable to imprisonment for seven years83. Riotously interfering with railway, vehicle, etc.
All persons are guilty of an offence who being riotously assembled unlawfully and with force, prevent, hinder or obstruct the loading or unloading of any railway, vehicle or vessel, or the starting or transit of any railway or vehicle, or the sailing or navigating of any vessel, or unlawfully and with force board railway, vehicle or vessel with intent so to do.84. Going armed in public
Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any person is guilty of an offence and his arms may be forfeited.85. Forcible entry
Any person who, in order to take possession thereof, enters on any land or tenements in a violent manner, whether the violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, is guilty of forcible entry and, for the purposes of this section it is immaterial whether he is entitled to enter on the land or not:Provided that, a person who enters upon lands or tenements, of his own but which are in the custody of his servant or bailiff does not commit the offence of forcible entry.86. Forcible detainer
Any person who, being in actual possession of land without color of right, holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land is guilty of forcible detainer.87. Affray
Any person who takes part in a fight in a public place is guilty of an offence and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings.88. Challenge to fight a duel
Any person who challenges another to fight a duel or attempts to provoke another to fight a duel or attempts to provoke any person to challenge another to fight a duel is guilty of an offence.89. Abusive language, brawling and threatening violence
89A. Watching or besetting
89B. Intimidation
89C. Dissuading persons from assisting with self-help schemes
90. Assembling for purpose of smuggling
Any two or more persons who assemble together for the purpose of unshipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs are guilty of an offence and each of them is liable to imprisonment for two years.[Act. No. 2 of 1972 Sch.]Division II — Offences against the administration of lawful authority
Chapter X
Abuse of office
91. ***
[repealed by Ord. No. 19 of 1958 s. 15]92. ***
[repealed by Ord. No. 19 of 1958 s. 15]93. Repealed
[repealed by Ord. No. 19 of 1958 s. 15]94. Officers charged with administration of property of special character with special duties
Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and or having acquired or holding, directly or indirectly, a private interest duties in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade, or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of an offence, and is liable to imprisonment for one year.95. False claims by officials
Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of an offence.96. Abuse of office
97. False certificates by public officers
Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular is guilty of an offence.98. Unauthorised administration of extra-judicial oath
Any person who administers an oath or makes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not, by law, any authority to do so is guilty of an offence and is liable to imprisonment for one year:Provided that, this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate, coroner or justice of the peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.99. False assumption of authority
Any person who—100. Personating public officers
Any person who—101. Threat of injury to persons employed in public service
Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person to be interested, for the purpose of inducing that person to do any act, or to forbear or delay to do any act connected with the exercise of the public functions of that person is guilty of an offence.Chapter XI
Offences relating to the administration of justice
102. Perjury and subornation of perjury
103. False statements by interpreters
Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, willfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, is guilty of perjury.104. Punishment for perjury
A person who commits perjury or suborns perjury is liable to imprisonment for seven years.105. Evidence on charge of perjury
A court shall not convict a person of perjury or of subornation of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.106. Fabricating evidence
Any persons who, with intent to mislead any tribunal in any judicial proceeding—107. False swearing
Any person who swears falsely or makes a false affirmation or declaration before a person authorized to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration, if done in a judicial proceeding, would have amounted to perjury, is guilty of an offence.108. Deceiving witnesses
Any person who practises any fraud or deceit or knowingly makes or exhibits any false statement representation, token or writing to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of that person as a witness, is guilty of an offence.109. Destroying evidence
A person who, knowing that any book, document, device or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, willfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of an offence.[Act No. 14 of 2015 s. 55]110. Conspiracy to defeat justice interference with witnesses
A person who—111. Unlawful compounding of offences
Any person who asks, receives, or obtains or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal an offence, or will abstain from, discontinue, or delay a prosecution for an offence, or will withhold any evidence thereof, is guilty of an offence.112. Compounding penal actions
Any person who having brought, or under pretence of bringing, against another person a criminal charge founded on any written law in order to obtain from him a penalty for an offence committed or alleged to have been committed by him, compounds the criminal charge without the order or consent of the court in which the charge is brought or is to be brought is guilty of an offence.113. Advertisements for stolen property
Any person who—114. Contempt of court
114A. Preventing or obstructing service or execution of process
Any person who—Chapter XII
Rescues, escapes and obstructing officers of court of law
115. Rescue
116. Escape from lawful custody
A person who escapes from lawful custody is guilty of an offence.116A. Absence from extramural employment
117. Aiding prisoners to escape
A person who—118. Removal, etc, of property under lawful seizure
Any person who, when any property has been attached or taken under the process of authority of any court, knowingly and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals or disposes of the property, is guilty of an offence and is liable to imprisonment for three years.119. ***
[repealed by Ord. No. 5 of 1961 s. 7]Chapter XIII
Miscellaneous offences against public authority
120. Frauds and breaches of trust by public officers
A person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether the fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of an offence and shall be liable to imprisonment for seven years.[Act No. 2 of 1972 Sch.]121. Neglect of official duty
A person employed in the public service who willfully neglects to perform any duty which he is bound either by common law or by any written law to perform, unless the discharge of the duty is not attended with greater danger than a man of ordinary courage and activity might be expected to encounter, is guilty of an offence.122. False information to person employed in the public service
Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause that person—123. Disobedience of statutory duty
A person who willfully contravenes any written law by doing any act which it forbids or by omitting to do any act which it requires to be done and which concerns the public or any part of the public, is guilty of an offence and is liable, unless a different punishment is provided by that or any other law for the disobedience, to imprisonment for two years.124. Disobedience of lawful orders
A person who disobeys any order, warrant or command duly made, issued or given by a court, an officer or person acting in any public capacity and duly authorized in that behalf, is guilty of an offence and is liable, unless any other penalty or mode or proceeding is expressly prescribed in respect of that disobedience, to imprisonment for two years.124A. ***
[repealed by Act No. 15 of 1971 s. 9]Division III – Offences injurious to the public in general
Chapter XIV
Offences relating to religion and burials
125. Insulting religion
Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion is guilty of an offence.126. Disturbing religious assemblies
Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony commits an offence and upon conviction is liable to a fine of not less than three million shillings or to imprisonment for a term not exceeding two years.[Act No. 10 of 2013 s. 46; Cap. 4 s. 8]127. Trespassing on burial or other places
A person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of an offence.128. Hindering burial of dead body
Any person who unlawfully hinders the burial of the dead body of any person or who, without lawful authority in that behalf or otherwise than in accordance with rules made by the Minister responsible for health (which rules the Minister is hereby authorised to make) disinters, dissects or causes damage to the dead body of any person or who, being under a duty to cause the dead body of any person to be buried, willfully and without lawful authority in that behalf neglects to perform that duty, shall be guilty of an offence.[Act No. 5 of 1963 s. 2]129. Uttering word with intent to wound religions feelings
Any person who, with the deliberate intention of wounding the religious feelings of any person, utters any word, or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, commits an offence and upon conviction is liable to a fine of not less than three million shillings or to imprisonment for a term of not less than one year.[Act No. 10 of 2013 s. 47; Cap. 4 s. 8]Chapter XV
Offences against morality
129A. Definition of woman
In this Chapter "woman" means any female person and, unless the context requires otherwise or it is otherwise expressly provided, irrespective of age.130. Rape
131. Punishment for rape
131A. Punishment for gang rape
132. Attempt rape
133. Abduction
Any person who with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or to have sexual intercourse with any other person, takes her away, or detains her, against her will, is guilty of an offence and is liable to imprisonment for seven years.134. Abduction of girls under sixteen
Any person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her parent or other person having lawful care or charge of her and against the will of the parent or of that person is guilty of an offence.135. Sexual assault on persons and indecent assault on women
136. ***
[repealed by Act No. 4 of 1998 s. 10]137. Defilement of idiots or imbeciles
Any person who, knowing a woman to be an idiot or imbecile, has or attempts to have unlawful sexual intercourse with her in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the woman was an idiot or imbecile, is guilty of an offence and is liable to imprisonment for fourteen years, with or without corporal punishment.138. Defilement by husband of wife under eighteen, etc.
138A. Act of gross indecency between persons
138B. Sexual exploitation of children
138C. Grave sexual abuse
138D. Sexual harassment
139. Procuration for prostitution
Any person who—139A. ***
[repealed by Act No. 6 of 2008 s. 38]140. Procuring rape
Any person who—141. House holder, etc., permitting defilement of girl on his premises
Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman to resort to or be upon those premises for the purpose of sexual intercourse with any man whether such sexual intercourse is intended to be with any particular man or generally, is guilty of an offence and is liable to imprisonment for five years.[Act No. 21 of 2009 s. 181]142. House holder etc., permitting defilement of girl under eighteen years of age on his premises
Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any woman above the age of fifteen years and under the age of eighteen years to resort to or be upon the premises for the purpose of unlawful sexual intercourse with a man, whether such intercourse intended to be with any particular man or generally, is guilty of an offence:Provided that, it shall be a sufficient defence to a charge under this section if it is made to appear to the court before which that person is charged that he had reasonable cause to believe and did in fact believe that the woman was of or above the age of eighteen years.[Act No. 21 of 2009 s. 182]143. Detention in any premises with intent, or in brothel
144. Power of search
145. Male person living on earnings of prostitution or persistently soliciting
146. Woman living on, or aiding prostitution
A woman who knowingly lives wholly or in part on the earnings of prostitution or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of an offence.147. Power of search
Where it is made to appear to a magistrate by information on oath that there is reason to suspect that any house or any part of a house is used by a person for purposes of prostitution, or and that any person residing in or frequenting the house is knowingly living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorising any police officer to enter and search the house and to arrest such person.[Act No. 21 of 2009 s. 184; Cap. 4 s. 8]148. Brothels
Any person who keeps a house, room, set of rooms or place of any kind whatsoever for the purposes of prostitution is guilty of an offence.149. Conspiracy to induce unlawful sexual intercourse
Any person who conspires with another to induce any woman, by means of any false pretence or other fraudulent means, to permit a man to have unlawful sexual intercourse with her is guilty of an offence and is liable to imprisonment for three years.[Ord. No. 47 of 1954 s. 3]150. Attempts to procure abortion
Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever is guilty of an offence and is liable to imprisonment for fourteen years.151. Procuring own miscarriage
A woman being with child who with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, or permits any such thing or means to be administered or applied to her, is guilty of an offence and is liable to imprisonment for seven years.152. Supplying drugs or instruments to procure abortion
Any person who unlawfully supplies to or procures for another anything whatsoever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of an offence, and is liable to imprisonment for three years.153. Knowledge of age of female immaterial
Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman under a specified age, that the accused person did not know that the woman was under that age, or believed that she was not under that age.154. Unnatural offences
155. Attempt commit unnatural offences
Any person who attempts to commit any of the offences specified under section 154 commits an offence and shall on conviction be sentenced to imprisonment for a term of not less than twenty years.[Ord. No. 47 of 1954 s. 3; Act No. 4 of 1998 s. 17]156. Indecent assault of boys under fourteen
157. Indecent practices between males
Any male person who, whether in public or private, commits any act of gross indecency with another male person or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person, with himself or with another male person, whether in public or private, is guilty of an offence and is liable to imprisonment for five years.[Ord. No. 47 of 1954 s. 3]158. Incest by males
159. Order for guardianship
On the conviction before any court of any person of an offence under section 158, against any woman under the age of twenty-one years, the court may divest the offender of all authority over the woman and, if the offender is her guardian, remove the woman from offender’s guardianship, and in any such case may appoint any person or persons to be the guardian or guardians of the woman during her minority or for any lesser period:Provided that, the High Court may at any time vary or rescind the order by the appointment of any other person as a guardian or in any other respect.160. Incest by females
Any female person of or above the age of eighteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son as the case may be) commits the offence of incest and is liable to imprisonment for life or for imprisonment of not less than thirty years and shall, in addition, be ordered to pay compensation of an amount determined by the court to the victim in respect of whom the offence was committed:Provided that, if the male person is below the age of eighteen years, to imprisonment of not less than thirty years.[Acts Nos. 4 of 1998 s. 20; 21 of 2009 s. 187]160A. Punishment for sexual offences
Where any person is convicted of any sexual offence specified under Chapter XV of this Code, as amended by the Sexual Offences Special Provisions Act, the court shall sentence such person to imprisonment for a term prescribed under the Chapter.[Act No. 9 of 2002 Sch.; Cap. 101]160B. Punishment of children
For promotion and protection of the right of the child, nothing in chapter XV of this Code shall prevent the court from exercising—161. Test of relationship
In sections 158 and 160 the expressions "brother" and "sister", respectively, include half-brother and half-sister and the provisions of those sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.162. Indecent communication of photos, videos, pictures or images
Chapter XVI
Offences relating to marriage and domestic obligations
163. Fraudulent pretence of marriage
Any person who willfully and by fraud causes a woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief is guilty of an offence and liable to imprisonment for ten years.164. ***
[repealed by Act No. 5 of 1971 s. 166(2)]165. Marriage ceremony fraudulently gone through without lawful marriage
Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of an offence and liable to imprisonment for five years.166. Desertion of children
Any person who being the parent, guardian or other person having the lawful care or charge of a child whose apparent age is not more than eighteen years, and being able to maintain the child, willfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of an offence.[Act No. 21 of 2009 s. 188]167. Neglecting to provide food, etc., for children
Any person who, being the parent or guardian or other person having the lawful care or charge of any child whose apparent age is not more than eighteen years and unable to provide for itself, refuses or neglects to provide (being able to do so) sufficient food, clothes, bedding and other necessaries of life for the child, so as to injure the health of that child, is guilty of an offence[Act No. 21 of 2009 s. 189]168. Master not providing for servants or apprentices
Any person who, being legally liable either as a master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, willfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to the apprentice or servant so that the life of that apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of an offence.169. Child stealing
169A. Cruelty to children
Chapter XVII
Pyramid schemes nuisances and offences against health and convenience
170. Common nuisance
171A. Prohibition of pyramid and other similar schemes
A person who conducts or manages a pyramid scheme commits an offence.171. Gaming houses
171B. Prohibition against inducement
171C. Interpretation
172. Betting houses
173. ***
[repealed by Act No. 23 of 1967 s. 25]173A. ***
[repealed by R.L. Cap. 440 s. 16]173B. ***
[repealed by Act No. 3 of 2011 s. 9]174. Keeper of premises defined
Any person who appears, acts or behaves as master or mistress, or as the person having the care or management of the house, room, set of rooms or place is mentioned in sections 171 and 172 is to be taken to be the keeper, whether he is or is not the real keeper.175. Traffic in obscene publications
176. Idle and disorderly parsons
Any of the following persons—176A. Harbouring common prostitutes
Any person who, being the keeper of any bar, hotel, house, shop, room or other place of public resort for the sale or consumption of refreshments of any kind, knowingly permits or suffers common prostitutes to assemble at and remain on his premises for the purpose of prostitution, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred shillings or, in the case of a second or subsequent offence, to a fine not exceeding fifty thousand shillings.[Act No. 49 of 1996 s. 3; 13 of 2019 s. 65]177. Rogues and vagabonds
Any of the following persons—177A. Failure to account for money collected by public subscription
Subject to the provisions of any other law, including any by-law, any person, whether or not he has received any written consent referred to in the first proviso to section 177, or has been authorized as in paragraph (a) or (b) of that proviso who, having collected or procured to be collected money by subscription in Mainland Tanzania fails, if and when required so to do by District Commissioner, or in the case of an urban authority by the police officer incharge of the Police in that authority, either to produce to the District Commissioner or the police officer, or to publish in a newspaper designated by the District Commissioner or the police officer, as he may be required, full and correct accounts of any money received by subscription and of its disposal, shall be guilty of an offence and liable for the first offence to imprisonment for two years and for every subsequent offence, to imprisonment for three years.[Ord. No. 3 of 1950 s. 3; Act No. 2 of 1972 Sch.]178. Offences relating to uniforms
179. Negligent act likely to spread infection
A person who unlawfully or negligently does any act which is and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life is guilty of an offence.180. Adulteration of food or drink intended for sale
Any person who adulterates any article of food or drink, so as to make the article noxious as food or drink, intending to sell the article as food or drink, knowing it to be likely that it will be sold as food or drink, is guilty of an offence.181. Sale of noxious food or drink
Any person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that it is noxious as food or drink, is guilty of an offence.182. Adulteration drugs
Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of the drug or medical preparation, or to make it noxious, intending that is shall be sold or used for any medicinal purpose, as if it had not undergone adulteration, is guilty of an offence.183. Sale of adulterate drugs
Any person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells it or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, is guilty of an offence.184. Fouling water
Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of an offence185. Fouling air
Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, is guilty of an offence.186. Offensive trades
Any person who, for the purposes of trade or otherwise, makes loud noises or offensive unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights, commits an offence and is liable to the same penalty prescribed under subsection (1) of section 171A.Chapter XVIII
Defamation
187. ***
[repealed by Act No. 3 of 1976 s. 55]188. ***
[repealed by Act No. 3 of 1976 s. 55]189. ***
[repealed by Act No. 3 of 1976 s. 55]190. ***
[repealed by Act No. 3 of 1976 s. 55]191. ***
[repealed by Act No. 3 of 1976 s. 55]192. ***
[repealed by Act No. 3 of 1976 s. 55]193. ***
[repealed by Act No. 3 of 1976 s. 55]194. ***
[repealed by Act No. 3 of 1976 s. 55]Chapter XIX
Hoarding and allied offences
194A. Hoarding of commodities
194B. ***
[repealed by Act No. 13 of 1984 s. 63]Division IV – Offences against the person
Chapter XX
Murder and manslaughter
195. Manslaughter
196. Murder
Any person who, with malice aforethought, causes the death of another person by an unlawful act or omission is guilty of murder.197. Punishment for murder
A person convicted of murder shall be sentenced to death.198. Punishment for manslaughter
Any person who commits manslaughter is liable to imprisonment for life.199. Conviction for infanticide in certain cases
Where a woman by any willful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission she had not fully recovered from the effect of giving birth to the Child and for that reason or by reason of the effect of giving birth to the child and for that reason or by reason of the effect of lactation consequent upon the birth of the child the balance of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of infanticide, and may, be dealt with and punished for the offence as if she had been guilty of manslaughter of the child.200. Malice aforethought
Malice aforethought shall be deemed to be established by evidence proving any one nor more of the following circumstances—201. Killing on provocation
When a person who unlawfully kills another under circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as defined in section 202, and before there is time for his passion to cool, he is guilty of manslaughter only.202. Provocation defined
203. Causing death defined
A person is deemed to have caused the death of another person, although his act is not the immediate or sole cause of death, in any of the following cases—204. When child deemed to be a person
A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not and whether it has an independent circulation or not, and whether the navelstring is severed or not.205. Limitation as to time of death
Chapter XXI
Duties relating to the preservation of life and health
206. Responsibility of person who has charge of another
It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from that charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any consequences which adversely affect the life or health of the other person by reason of any omission perform that duty.207. Duty of head of family
It is the duty of every person who, as head of a family, has charge of a child under the age of fourteen years, being a member of his household, to provide the necessaries of life for such child; and he shall be deemed to have caused any consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not.208. Duty of master and mistress
It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing or lodging for any servant or apprentice under the age of sixteen years to provide them; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty.209. Duty of persons doing dangerous acts
It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person or to do any other lawful act which is or health, to have reasonable skill and to use reasonable care in doing so; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty.210. Duty of persons in charge of dangerous things
It is the duty of every person to use reasonable care and take reasonable precautions to avoid danger if he has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty.Chapter XXII
Offences connected with murder and suicide
211. Attempt to murder
Any person who—212. ***
[repealed by Ord. No. 47 of 1954 s. 3]213. Accessory after the fact to murder
Any person who becomes an accessory after the fact to murder is guilty of an offence and liable to imprisonment for seven years.214. Written threats to murder
Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening to kill any person is guilty of an offence and is liable to imprisonment for seven years.215. Conspiracy to murder
Any person who conspires with any other person to kill any person, whether that person is in Mainland Tanzania or elsewhere, is guilty of an offence and is liable to imprisonment for fourteen years.216. Aiding suicide
Any person who—217. Attempting suicide
Any person who attempts to kill himself is guilty of an offence.218. Concealing birth of child
Any person who, when a woman is delivered of a child endeavours by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at or after its birth, is guilty of an offence.219. Child destruction
Chapter XXIII
Offences endangering life or health
220. Disabling in order to commit offence
Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, renders or attempts to render any person incapable of resistance is guilty of an offence and liable to imprisonment for life.[Ord. No. 47 of 1954 s. 3]221. Stupefying in order to commit offence
Any person who, with intent to commit or to facilitate the commission of an offence or to facilitate the flight of an offender after the commission or attempted commission of an offence, administers or attempts to administer any stupefying or overpowering drug or thing to any person is guilty of a an offence and liable to imprisonment for life.222. Acts intended to cause grievous harm or prevent arrest
Any person who, with intent to maim, disfigure or disable any person or to do some grievous harm to any person or to resist or prevent the lawful arrest or detention of any person—222A. Possession of human being parts
Any person who is found in unlawful possession of human being parts commits an offence and shall upon conviction be liable to imprisonment for a period not exceeding thirty years.[Act No. 9 of 2002 Sch.]223. Preventing escape from wreck
Any person who unlawfully224. Endangering of persons travelling by railway
225. Grievous harm
Any person who unlawfully does grievous harm to another is guilty of an offence and is liable to imprisonment for seven years.226. Attempting to injure by explosive substance
A person who unlawfully, and with intent to do any harm of another, puts any explosive substance in any place whatever, is guilty of an offence and liable to imprisonment for fourteen years.227. Maliciously administering poison with intent to harm
A person who, unlawfully and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life or does him some grievous harm, is guilty of an offence and liable to imprisonment for fourteen years.228. Wounding and similar acts
Any person who—229. Failure to supply necessaries
Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or his health is or is likely to be permanently injured, is guilty of an offence and liable to imprisonment for three years.230. Responsibility as to surgical operation
A person is not criminally responsible for performing, in good faith and with reasonable care and skill, a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.231. Criminal responsibility for excess force
Any person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess according to the nature and quality of the act which constitutes the excess.232. Effect of victim’s consent on criminal responsibility for death or maim
Notwithstanding anything contained in section 231 consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom the death or maim is caused.Chapter XXIV
Criminal recklessness and negligence
233. Reckless and negligent acts
Any person who in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person—234. Other negligent acts causing harm
Any person who unlawfully does any act or omits to do any act which it is his duty to do, not being an act or omission specified in section 233, by which act or omission harm is caused to any person, is guilty of an offence and liable to imprisonment for six months.235. Handling of poisonous substance in negligent manner
Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is necessary to guard against probable danger to human life from the poisonous substance, is guilty of an offence, and is liable to imprisonment for six months or to a fine of two hundred thousand shillings.[Act No. 13 of 2019 s. 65]236. ***
[reproduced as s 224(2)]237. Exhibition of false light, mark or buoy
Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that its exhibition will mislead a navigator, is guilty of an offence and liable to imprisonment for seven years.238. Conveying person by water for hire in unsafe or overloaded vessel
Any person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in a vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of an offence.239. Danger or obstruction in public way or line of navigation
Any person who, by doing any act or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation is guilty of an offence and liable to a fine.Chapter XXV
Assaults
240. Common assault
Any person who unlawfully assaults another is guilty of an offence and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for one year.241. Assaults causing actual bodily harm
Any person who commits an assault occasioning actual bodily harm is guilty of an offence and liable to imprisonment for five years.242. Assaults on persons protecting wreck
Any person who assaults and strikes or wounds any magistrate, officer or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded or cast on shore or lying under water, is guilty of an offence and is liable to imprisonment for seven years.243. Other types of assault
Any person who—Chapter XXVI
Offences against liberty
244. Definition of kidnapping from Mainland Tanzania
Any person who conveys another person beyond the limits of Mainland Tanzania without the consent of that person or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Mainland Tanzania.245. Definition of kidnapping from lawful guardianship
Any person who takes or entices another person under eighteen years of age or any person of unsound mind, out of the keeping of the lawful guardian of the minor or person of unsound mind, without the consent of the guardian, is said to kidnap that person from lawful guardianship.[Act No. 21 of 2009 s. 191]246. Definition of abduction
A person who by force compels, or by deceitful means induces, any person to go from any place is said to abduct that person.247. Punishment for kidnapping
A person who kidnaps any other person from Mainland Tanzania or from lawful guardianship is guilty of an offence and liable to imprisonment for seven years.248. Kidnapping or abducting in order to murder
Any person who kidnaps or abducts a person in order that that person may be murdered, or may be so disposed of as to be put in danger of being murdered, is guilty of an offence and is liable to imprisonment for ten years.249. Kidnapping or abducting with intent to confine
Any person who kidnaps or abducts a person with intent to cause that person to be secretly and wrongfully confined is guilty of an offence and is liable to imprisonment for seven years.250. Kidnapping or abducting with intent to do harm
Any person who kidnaps or abducts another in order that that other person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that the person will be so subjected or disposed of, is guilty of an offence and is liable to imprisonment for ten years.251. Wrongfully concealing kidnapped or abducted person
Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines that person, is guilty of an offence, and shall be punished in the same manner as if he had kidnapped or abducted that person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains the person in confinement.252. Kidnapping or abducting child with intent to steal
A person who kidnaps or abducts any child under the age of eighteen years with the intention of taking dishonestly any movable property from the person of the child is guilty of an offence and is liable to imprisonment for seven years.[Act No. 21 of 2009 s. 192]253. Punishment for wrongful confinement
A person who wrongfully confines another person is guilty of an offence and is liable to imprisonment for one year or to a fine of three hundred thousand shillings.[Act No. 13 of 2019 s. 65]254. Buying or disposing of any person as a slave
A person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of an offence, and is liable to imprisonment for seven years.255. Habitual dealing in slaves
A person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of an offence and is liable to imprisonment for ten years.256. Unlawful compulsory labour
Any person who unlawfully compels any other person to labour against the will of that person is guilty of an offence.Division V — Offences relating to property
Chapter XXVII
Theft
257. Things capable of being stolen
258. Definition of theft
259. Special cases
260. Funds etc, held under direction
When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge or other disposition of any property, whether capable of being stolen or not, with a direction in either case that the money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of the security, or of the mortgage, pledge or other disposition, shall be applied to any purpose or paid to any person specified in the direction, the money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with.261. Funds etc., received by agents from sales
When a person receives either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it and requiring him to pay or account for the proceeds of the property or any part of the proceeds or to deliver anything received in exchange for the property to the person from whom it is received or some other person, then the proceeds of the property and anything so received in exchange for it are deemed to be the property of the person from whom the property was so received until they have been disposed of in accordance with the terms on which the property was received unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them and that the relationship of debtor and creditor only shall exist between them.262. Money received for another
When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received unless the money is received on the terms that it shall form an item in a debtor and creditor account and that the relationship of debtor and creditor only shall exist between the parties.263. Theft by persons having an interest in thing stolen
When a person takes or converts anything capable of being stolen under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein or that he himself is the owner of the thing, taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society owning it.264. Husband and wife
For the avoidance of doubt, it is hereby declared that a husband may be guilty of stealing from his wife or a wife from her husband.[Act No. 5 of 1971 2nd Sch.]265. General punishment for theft
Any person who steals anything capable of being stolen is guilty of theft, and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen, some other punishment is provided, to imprisonment for seven years.[Ord. No. 49 of 1955 s. 10; Act No. 2 of 1972 Sch.]266. Stealing wills
Where the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years.267. ***
[repealed by Act No. 13 of 1984 s. 63]268. Stealing certain animals
269. Stealing from the person, etc.
Where a theft is committed under any of the following circumstances, that is to say, if—270. Stealing by persons in public service
Where the offender is a person employed in the public service and the thing stolen is the property of the Republic or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for fourteen years.[R.L. Cap. 500 s. 12; Act No. 2 of 1972 Sch.; Cap. 4 s. 8]271. Stealing by clerks and servants
Where the offender is a clerk or servant and the thing stolen is the property of his employer or came into the possession of the offender on the account of his employer, he is liable to imprisonment for ten years.[Act No. 2 of 1972 Sch.; Cap. 4 s. 8]272. Stealing by directors or officers of companies
Where the offender is a director or officer of a corporation or company and the thing stolen is the property of the corporation or company, he is liable to imprisonment for fourteen years.[Act No. 2 of 1972 Sch.]273. Stealing by agents etc.
Where the thing stolen is any of the following things, that is to say—274. Stealing buy tenants or lodgers
Where the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds fifty thousand shillings, he is liable to imprisonment for seven years.[Cap. 4 s. 8; Act No. 13 of 2019 s. 65]275. Stealing after previous conviction
Where the offender, before committing the theft, had been convicted of theft punishable under section 265, he is liable to imprisonment for fourteen years.[Act No. 2 of 1972; Cap. 4 s. 8]Chapter XXVIII
Offences allied to stealing
276. Concealing registers
Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of a register which is required by law to be sent to any public office, is guilty of an offence and is liable to imprisonment for ten years.277. Concealing wills
Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, is guilty of an offence and is liable to imprisonment for ten years.278. Concealing deeds
Any persons who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land is guilty of an offence and is liable to imprisonment for three years.279. Killing animals with intent to steal
Any person who kills an animal capable of being stolen, other than an animal to which section 268 applies, with intent to steal its skin or carcass, or any part of its skin or carcass, shall be guilty of an offence and shall be liable on conviction to the same punishment as if he had stolen the animal.[Acts Nos. 31 of 1972 Sch.]280. Severing with intent steal
Any person who makes anything movable with intent to steal is guilty of an offence and is liable to the same punishment as if he had stolen the thing after it had become movable.281. Fraudulent disposition of mortgaged goods
282. Fraudulently dealing with minerals in mines
Any person who takes, conceals, or otherwise disposes of any ore or any metal or mineral in or about a mine, with intent to defraud any person, is guilty of an offence and is liable to imprisonment for five years.283. Fraudulent appropriation of power
Any person who fraudulently abstracts or diverts to his own use or to the use of another person any mechanical, illuminating or electrical power derived from a machine, apparatus or substance, which is the property of another person, is guilty of an offence and is liable to imprisonment for five years.284. Conversion not amounting to theft
Any person who unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any draught or riding animal or any mechanically propelled cycle of any description or any vessel shall be guilty of an offence and is liable to imprisonment for six months or to a fine not exceeding fifty thousand shillings or to both.[Acts Nos. 14 of 1980 s. 11; 13 of 2019 s. 65]284A. Causing pecuniary loss or damage to property if specified authority
Chapter XXIX
Robbery and extortion
285. Definition of robbery
286. Punishment for robbery
Any person who commits robbery is liable to imprisonment for fifteen years and if the offender is armed with any dangerous or offensive weapon or instrument, or is in company with any other person or if, at or immediately before or immediately after the time of robbery, he wounds, beats, strikes or uses personal violence to any person, he is liable to imprisonment for life, with or without corporal punishment.[Acts Nos. 2 of 1972 Sch.; 4 of 2004 Sch.]287. Attempted robbery
Any person who assaults another with intent to steal anything, and, at or immediately before or immediately after the time of assault, uses or threatens to use actual violence to any person or property in order to obtain the thing intended to be stolen, or to prevent or overcome resistance to its being stolen, commits an offence and is liable to imprisonment for a term of not less than seven years and not exceeding twenty years, with corporal punishment.[Act Nos. 2 of 1972 Sch.; 10 of 1989 Sch.; 4 of 2004 Sch.]287A. Armed robbery
A person who steals anything, and at or immediately before or after stealing is armed with any dangerous or offensive weapon or instrument and at or immediately before or after stealing uses or threatens to use violence to any person in order to obtain or retain the stolen property, commits an offence of armed robbery and shall, on conviction be liable to imprisonment for a term of not less than thirty years with or without corporal punishment.[Acts Nos. 4 of 2004 Sch.; 3 of 2011 s. 10A]287B. Attempt armed robbery
Any person who with intent to steal anything from another person, is armed with any dangerous or offensive weapon or instrument, or is in company of one or more persons, and in the course thereof threatens, or attempt to threaten to use actual violence to any person, commits an offence termed "attempted armed robbery" and on conviction is liable to imprisonment for a minimum period of fifteen years with or without corporal punishment.[Act No. 4 of 2004 Sch.]287C. Punishment gang robbery
A person who takes part in gang robbery commits an offence and, on conviction is liable to imprisonment for a term of not less than thirty years with or without corporal punishment.[Act No. 3 of 2011 s. 10B]288. Assault with intent to steal
Any person who assaults any other person with intent to steal anything is guilty of an offence and is liable to imprisonment for a term of not less than five years but not more than fourteen years, with corporal punishment.[Acts Nos. 2 of 1972 Sch.; 10 of 1989 Sch.]289. Demanding property by written threats
Any person who, with intent to extort or gain anything from any person and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of injury or detriment of any kind to be caused to any person, either by the offender or by any other person if the demand is not complied with, is guilty of an offence and is liable to imprisonment for fourteen years.290. Attempts at extortion by threats
291. Procuring execution of deeds, etc., by threats
Any person who, with intent to defraud and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing an offence, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an offence, compels or induces any person—292. Demanding property with menaces with intent to steal
Any person who, with intent to steal any valuable thing demands it from another person with menaces or force, is guilty of an offence and is liable to imprisonment for five years.Chapter XXX
Burglary, housebreaking and similar offences
293. Definition of breaking and entering
294. House breaking and burglary
295. Entering dwelling house with intent to commit offence
Any person who enters or is in any building, tent or vessel used as a human dwelling with intent to commit an offence therein, is guilty of an offence, and liable to imprisonment for ten years and if the offence is committed in the night, he is liable to imprisonment for fourteen years.[Act No. 2 of 1972 Sch.]296. Breaking into building and committing an offence
Any person who—297. Breaking into building with intent to commit an offence
Any person who breaks and enters a school house, shop, warehouse, store, workshop, garage, office or counting house, or a building which is adjacent to a dwelling house and occupied with it but is not part of it, or any building used as a place of worship, with intent to commit an offence therein, is guilty of an offence, and is liable to imprisonment for fourteen years.[Acts Nos. 50 of 1968 Sch.; 2 of 1972 Sch.]298. Being armed, etc. with intent to commit an offence
Any person who is found under any of the following circumstances, namely—299. Criminal trespass
Any person who—300. Forfeiture
When any person is convicted of an offence under this Chapter the court may order that any dangerous of offensive weapon or instrument of housebreaking carried or used in connection with the offence shall be forfeited to the United Republic.[R. L. Cap. 500 s. 12]Chapter XXXI
False pretence
301. Definition of false pretence
Any representation made by words, writing or conduct of a matter of fact or of intention, which representation is false act and the person making it knows it to be false or does not believe it to be true, is false pretence.[Act No 14 of 1980 s. 13]302. Obtaining goods by false pretences
Any person who by any false pretence and with intent to defraud, obtains from any other person anything capable of being stolen or induces any other person to deliver to any person anything capable of being stolen, is guilty of an offence and is liable to imprisonment for seven years.[Act No. 2 of 1980 Sch.]303. Obtaining execution of a security by false pretences
A person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse alter or destroy the whole or part of any valuable security, or to write any name or impress or affix any seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of an offence and is liable to imprisonment for seven years.[Act No 2 of 1972 Sch.]304. Cheating
Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen or any other person to or deliver to any person anything capable of being stolen or to pay or deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device, is guilty of an offence and is liable to imprisonment for three years.305. Obtaining credit, etc., by false pretences
Any person who—305A. Where goods or credit obtained for someone else
In any proceeding for an offence under section 302 or section 305 of this Code, the accused shall not be entitled to acquittal by reason only of the fact that the evidence adduced discloses that the person for whose benefit the accused obtained or attempted to obtain, the goods or, as the case may be, the credit, was a person other than the accused or the person mentioned in the charge.[Act No. 26 of 1971 s. 4]306. Conspiracy to defraud
Any person who conspires with another by deceit or by any fraudulent means affect the market price of anything publicly sold or to defraud the public or any person, whether a particular person or not, or to extort any property from any person, is guilty of an offence and is liable to imprisonment for five years.[Act No. 2 of 1972 Sch.]307. Frauds on sale or mortgage of property
Any person who, being a seller or mortgagor of any property or being the advocate or agent of a seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud—308. Pretending to tell fortunes
Any person who, for gain or reward, undertakes to tell fortunes or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found is guilty of an offence.309. Obtaining registration, etc., by false pretence
Any person who wilfully procures or attempts to procure for himself or any other person any registration licence or certificate under any law by any false pretence is guilty of an offence, and is liable to imprisonment for two years.[Act No. 2 of 1972 Sch.]310. False declaration for passport
Any person who makes a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or for any other person, is guilty of an offence.Chapter XXXII
Receiving property stolen or unlawfully obtained and like offences
311. Receiving property stolen or unlawfully obtaining etc.,
Any person who receives or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe it to have been stolen, extorted, wrongfully or unlawfully taken, obtained, converted or disposed of, is guilty of an offence and is liable to imprisonment for ten years.[Acts Nos. 2 of 1972]312. Persons conveying or having possession of goods suspected of having been stolen or unlawfully acquired
312A. Unlawful possession or conveying of public stores
313. Receiving goods stolen from outside Mainland Tanzania
Every person who, without lawful excuse, knowing anything to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Mainland Tanzania the person committing it would have been guilty of an offence, receives or has in his possession anything so stolen or obtained outside Mainland Tanzania, is guilty of an offence and is liable to imprisonment for seven years.Chapter XXXIII
Frauds by trustees and persons in a position of trust, and false accounting
314. Trustees fraudulently disposing of trust property
315. Misappropriation and fraud by directors and officers of corporations, etc
Any person who—316. False statements by official of companies
Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the following, purposes—317. Fraudulent or false accounting by clerk
Any person who, being a clerk or servant or being employed or acting in the capacity or a clerk or servant, does any of the following acts with intent to defraud—318. False accounting by public officer
Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of an offence and liable to imprisonment for seven years.[Act No 2 of 1972 Sch.]Chapter XXXIV
Offences against the safety of aviation
318A. Endangering safety of aviation
Division VI – Malicious injuries to property
Chapter XXXV
Offences causing injury to property
319. Arson
Any person who wilfully and unlawfully sets fire to—320. Attempts to commit arson
Any person who—321. Setting fire to crops and growing plants
Any person who wilfully and unlawfully sets fire to—322. Attempting to set fire to crops, etc.
Any person who—323. Casting away vessels
Any person who-324. Attempts to cast away vessels
Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress is guilty of an offence, and is liable to imprisonment for seven years.[Ord. No. 47 of 1954 s. 3]325. Injuring animals
Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen is guilty of an offence.326. Punishment for malicious injuries to property
327. Attempts to destroy property by explosives
Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatever is guilty of an offence and is liable to imprisonment for fourteen years.328. Communicating infectious diseases to animal
Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen is guilty of an offence and is liable to imprisonment for seven years329. Removing boundary marks with intent to defraud
Any person who, willfully and unlawfully and with intent to defraud, removes or defaces any object or mark which has lawfully erected or made as an indication of the boundary of any land is guilty of an offence and is liable to imprisonment for three years.330. ***
[repealed. R.L. Cap. 390 s. 33]331. Causing damage, etc., to railway works
Any person who—332. Threats to burn or destroy
Any person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn or other building or any rick or stack of grain, hay or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim or wound any cattle, is guilty of an offence and is liable to imprisonment for seven years.332A. Defacing bank notes
Any person who, without authority, wilfully defaces, tears, cuts or otherwise mutilates any bank note or currency note which is legal tender, is guilty of an schedule offence and is liable on conviction to a fine of five hundred thousand shillings for each note defaced or, in default, to imprisonment for a term of one year.[Act No. 23 of 2019 s. 65]332B. Kite-flying
Division VII — Forgery, coining, counterfeiting and similar offences
Chapter XXXVI
Definitions
333. Definition of forgery
Forgery is the making of a false document with intent to defraud or to deceive.[Act No. 5 of 1990 Sch.]334. Interpretation of document
The term "document" in this Division of this Code does not include a trade mark or any other sign used in connection with articles of commerce though they may be written or printed.335. Making false documents
Any person makes a false document who—336. Intent to defraud
An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent that person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document.Chapter XXXVII
Punishment for forgery
337. Offence of and general punishment for, forgery
Any person who forges any document is guilty of an offence, and liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for seven years.[Act No. 2 of 1972 Sch.]338. Forgeries punishable by imprisonment for life
Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for life and the court may in addition order that any such document be forfeited to the United Republic.[R.L. Cap. 500 s. 12]339. Forgery of judicial or official document
Any person who forges any judicial or official document is liable to imprisonment for seven years.340. Forgeries punishable by imprisonment for seven years
341. Making or having in possession paper or implements for forgery
Any person who without lawful authority or excuse, proof whereof lies upon him—342. Uttering false documents
Any person who knowingly and fraudulently utters a false document is guilty of an offence and is liable to the punishment, provided for in respect of the offence of forgery in relation to that document.343. Uttering cancelled or exhausted documents
Any person who knowingly utters for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by affluxion of time, or by death, or by the happening of any other event, is guilty of an offence and is liable to the same punishment, as if he had forged the document.344. Procuring execution of documents by false pretences
Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another person to sign or execute the document, is guilty of an offence and is liable to the same punishment, as if he had forged the document.345. Obliterating crossing on cheques
Any person who, with intent to defraud—346. Making documents without authority
Any person who, with intent to defraud or to deceive—347. Demanding property upon forged testamentary instrument
Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence and is liable to the same punishment as if he had forged the document by virtue whereof he procures the delivery or payment.348. Purchasing forged notes
Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession, a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of an offence, and is liable to imprisonment for seven years.349. Falsifying warrants for money payable under public authority
Any person who, being employed in the public service, knowingly and with intent to defraud, makes out or delivers to any person a warrant for the payment of any money payable by a public authority for a greater or lesser amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of an offence and is liable to imprisonment for seven years.350. Falsification of register
Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of an offence and is liable to imprisonment for seven years351. Sending false certificate of marriage to registrar
Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be certificate of marriage, which in any material particular is to his knowledge false, is guilty of an offence and is liable to imprisonment for seven years.352. False statements for registers of births, deaths and marriages
Any person who knowingly and with intent to procure the same to be inserted in a register of births, deaths or marriages, makes any false statement touching any matter required by law to be registered in any such register, is guilty of an offence and is liable to imprisonment for three years.352A. Wrongful issue of notes
Any person who issues or is a party to issuing—Chapter XXXVIII
Offences relating to coin
353. Definitions–
In this Chapter"coin" includes any coin coined in a mint for use in Tanzania, or lawfully current in Tanzania or in any part of the Commonwealth; and any coin of a foreign sovereign or state, and coin which was at any time legal tender in Tanzania or in any other country and which is convertible into coin of legal tender therein;"counterfeit coin" means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin; and includes genuine coin prepared or altered so as to pass for coin of a higher denomination.[R. L. Cap. 500 s. 36; Act No. 12 of 1966 Sch.]354. Counterfeiting coins
Any person who makes or attempts to make any counterfeit coin is guilty of an offence and is liable to imprisonment for life.355. Preparations for coining
Any person who—356. Clipping
Any person who deals with any coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as coin, is guilty of an offence and is liable to imprisonment for seven years.357. Melting down of coin
Any person who melts down, breaks up or defaces by stamping thereon any name, word or mark any coin current for the time being in Tanzania is guilty of an offence, and is liable to imprisonment for two years or to a fine of fifty thousand shillings or to both.[Act No. 5 of 1990 Sch.]358. Impounding and destruction of counterfeit coin
359. Possession of clippings
Any person who unlawfully has in his possession, or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of an offence and is liable to imprisonment for seven years.360. Uttering counterfeit coin
Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of an offence.361. Repeated uttering
Any person who—362. Uttering medal or metal as coin
Any person who, with intent to defraud, utters as and for coin any medal or piece of metal, whether a coin or not, which is of less value than the coin as and for which it is uttered, is guilty of an offence and is liable to imprisonment for one year.363. Exporting counterfeit coin
Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board a vessel or vehicle of any kind for the purposes of being exported from Tanzania, any counterfeit coin whatever, knowing it to be counterfeit, is guilty of an offence.364. Forfeiture
When any person is convicted of an offence under this Chapter, or Chapter XXXVII, the court shall order the forfeiture to the Republic of any forged bank note, currency note, counterfeit coin, stamp, mould, tool, instrument, machine, press or any coin, bullion or metal used or employed in the commission of the offence.[R.L. Cap. 500 s. 12]Chapter XXXIX
Counterfeit stamps
365. Possession of die used for purposes of marking stamps
Any person who, without lawful authority or excuse, the proof of which lies on him—366. Paper and dyes for postage stamps
Any person who, without lawful authority or excuse, the proof of which lies on him—(a)makes or begins or prepares to make, or uses for any postal purposes, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of Tanzania or of any foreign country; or(b)makes or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of any die, plate, instrument or material for making any such imitation or representation,is guilty of an offence, and is liable to imprisonment for one year, or to a fine of one hundred thousand shillings and any stamps or other things referred to in this section which are found in his possession, shall be forfeited to the United Republic.Chapter XL
Counterfeiting trade marks
367. ***
[repealed by Act No 20 of 1963 s. 19]368. ***
[repealed by Act No 20 of 1963 s. 19]22 Note: Chapter XL repealed by the Merchandise Marks Act, 1963 (Act No. 20 0f 1963 s. 19) was retained under the R.E 2002 but is now omitted after the coming into operation of the Merchandise Marks vide G.N 94/2005Chapter XLI
Personation
369. Personation in general
370. Falsely acknowledging deeds, recognisances, etc
Any person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person before any court or person lawfully authorized to take such an acknowledgement, an acknowledgement of liability of any kind, or an acknowledgement of a deed or other instrument, is guilty of an offence.371. Personation of person named in certificate
Any person who utters any document which has been issued by lawful authority to another person and whereby that other person is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled exercise any profession, trade or business, or to be entitled to any right of privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.372. Lending, etc., certificate for personation
Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right of privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that, that other person may represent himself to be the person named therein, is guilty of an offence.373. Personation of person named in testimonial of character
Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial character given to another person, is guilty of an offence, and is liable to imprisonment for one year.374. Lending etc., testimonial for personation
Any person who, being a person to whom any such document as is mentioned in section 373 has been given, gives, sells or lends such document to another person with intent that other person may utter the document for the purpose of obtaining any employment, is guilty of an offence.Chapter XLII
Secret commissions
375. ***
[repealed by R.L. Cap. 400 s. 15]376. ***
[repealed by R.L. Cap. 400 s. 15]377. ***
[repealed by R.L. Cap. 400 s. 15]378. ***
[repealed by R.L. Cap. 400 s. 15]379. ***
[repealed by R.L. Cap. 400 s. 15]Division VIII - Attempts, conspiracies to commit crimes, accessories after the fact, and solicitation and incitement
Chapter XLIII
Attempts
380. Attempt defined
381. Attempt to commit offence
Any person who attempts to commit an offence is guilty of an offence for which, unless a different punishment is provided, he is liable to imprisonment for two years or a fine or both.382. Punishment of attempts to commit offence
Any person who attempts to commit an offence of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of fourteen years or more with or without other punishment, is guilty of an offence and is liable, if no other punishment is provided, to imprisonment for seven years.383. Neglect to prevent offence
Every person who knowing that a person designs to commit or is committing an offence, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of an offence.Chapter XLIV
Conspiracies
384. Conspiracy to commit an offence punishable with imprisonment for three or more years of imprisonment
Any person who conspires with another to commit any offence, punishable with imprisonment for a term of three years or more, or to do any act in 'any part of world which if done in Tanzania would be an offence so punishable, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of an offence, and is liable if no other punishment is provided, to imprisonment for seven years or, if the greatest punishment to which a person convicted of the offence in question is liable is less than imprisonment for seven years, then to such lesser punishment.385. Conspiracy to commit an offence punishable with imprisonment for less than three years
Any person who conspires with another to commit an offence punishable with imprisonment for a term of less than three years, or to do any act in any part of the world which if done in Tanzania would be, an offence so punishable, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of an offence.386. Other conspiracies
Chapter XLV
Accessories after the fact
387. Definition of accessories after the fact
388. Punishment of accessories after the fact to offences punishable with three or more years imprisonment
Any person who becomes an accessory after the fact to an offence punishable with imprisonment for three years or more, is guilty of an offence, and is liable, if no other Punishment is provided, to imprisonment for seven years.[Act No. 2 of 1972 Sch.]389. Punishment of accessories after the fact to offences punishable with less than three years imprisonment
Any person who becomes an accessory after the fact to an offence punishable with imprisonment for less than three years is guilty of an offence.Chapter XLVI
Solicitation and incitement
390. Soliciting or inciting commission of offence
Any person who solicits or incites another to commit an offence is guilty of an offence notwithstanding that the solicitation or incitement has no effect.[Ord. No. 47 of 1954 s. 2]History of this document
21 February 2020 amendment not yet applied
30 November 2019 this version
Consolidation
31 July 2002
Consolidation
Read this version
28 September 1945
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Importation of Publications (Prohibition) Order, 1976 | Government Notice 105 of 1976 |
Penal Code (Anatomy) Rules, 1962 | Government Notice 192 of 1962 |
Cited documents 15
Legislation 10
1. | Magistrates’ Courts Act | 57 citations |
2. | Criminal Procedure Act | 50 citations |
3. | Civil Procedure Code | 43 citations |
4. | Local Government (District Authorities) Act, 1982 | 28 citations |
5. | Public Corporations Act | 22 citations |
6. | Executive Agencies Act | 13 citations |
7. | Interpretation of Laws Act | 13 citations |
8. | Minimum Sentences Act | 5 citations |
9. | Advocates Act | 2 citations |
10. | Newspapers Act | 2 citations |
Documents citing this one 5
Legislation 5
1. | Criminal Procedure Act | 50 citations |
2. | Stock Theft (Prevention) Act | 1 citation |
3. | Merchandise Marks Act | |
4. | Specified Officers (Recovery of Debts) (Appeals) Rules, 1970 | |
5. | Tax Reserve Certificates Act |