Penal Code of Tanzania - Criminal Defense Wiki

15 of 1981
1. Short title
PART I
GENERAL PROVISIONS (ss 1-38)
CHAPTER I
PRELIMINARY PROVISIONS (ss 1-3)
This Act may be cited as the Penal Code, and hereinafter is referred to as "this Code".
2. Disappplication
[Disapplication of Indian Penal Code.]
3. Saving of certain laws
(1) Nothing in this Code shall affect–
(a) the liability, trial or punishment of a person for an offence against the common law or
against any other law in force in Mainland Tanzania other than this Code;
(b) the liability of a person to be tried or punished for an offence under the provisions of
any law in force in Mainland Tanzania relating to the jurisdiction of the courts in respect
of acts done beyond the ordinary jurisdiction of those courts;
(c) the power of any court to punish a person for contempt of court; or
(d) any power of the President to grant a pardon or to remit or commute in whole or in part
or to respite the execution of any sentence passed or to be passed.
(2) If a person commits an offence which is punishable under this Code and is also
punishable under another law of any of the kinds mentioned in this section, he shall not be
punished for that offence both under that law and also under this Code.
4. General rule of construction
CHAPTER II
INTERPRETATION (ss 4-5)
Subject to the provisions of the Interpretation Act *(2) 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.
5.
Interpretation