Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
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to an innocent person or property, his right <strong>of</strong> defence extends to the running <strong>of</strong> that risk.<br />
19. Use <strong>of</strong> force in effecting arrest<br />
Where any person is charged with a criminal <strong>of</strong>fence arising out <strong>of</strong> the arrest, or attempted<br />
arrest, by him <strong>of</strong> a person who forcibly resists such arrest or attempts to evade being arrested,<br />
the court shall, in considering whether the means used were necessary or the degree <strong>of</strong> force<br />
used was reasonable for the apprehension <strong>of</strong> such person, have regard to the gravity <strong>of</strong> the<br />
<strong>of</strong>fence which had been, or was being, committed by that person and the circumstances in<br />
which such <strong>of</strong>fence had been, or was being, committed by that person.<br />
20. Compulsion by husband<br />
A married woman is not free from criminal responsibility for doing or omitting to do an act<br />
merely because the act or omission takes place in the presence <strong>of</strong> her husband; but on a<br />
charge against a wife for any <strong>of</strong>fence other than treason or murder, it shall be a good defence<br />
to prove that the <strong>of</strong>fence was committed in the presence and under the coercion <strong>of</strong> the<br />
husband.<br />
21. Person not to be punished twice for same <strong>of</strong>fence<br />
A person shall not be punished twice, either under the provisions <strong>of</strong> this <strong>Code</strong> or under the<br />
provisions <strong>of</strong> any other law, for the same <strong>of</strong>fence.<br />
22. Principal <strong>of</strong>fenders<br />
CHAPTER V<br />
PARTIES TO OFFENCES (ss 22-24)<br />
(1) When an <strong>of</strong>fence is committed, each <strong>of</strong> the following persons is deemed to have taken<br />
part in committing the <strong>of</strong>fence and to be guilty <strong>of</strong> the <strong>of</strong>fence, and may be charged with actually<br />
committing namely–<br />
(a) every person who actually does the act or makes the omission which constitutes the<br />
<strong>of</strong>fence;<br />
(b) every person who does or omits to do any act for the purpose <strong>of</strong> enabling or aiding<br />
another person to commit the <strong>of</strong>fence;<br />
(c) every person who aids or abets another person in committing the <strong>of</strong>fence;<br />
(d) any person who counsels or procures any other person to commit the <strong>of</strong>fence, in which<br />
case he may be charged either with committing the <strong>of</strong>fence or with counselling or<br />
procuring its commission.<br />
(2) A conviction <strong>of</strong> counselling or procuring the commission <strong>of</strong> an <strong>of</strong>fence entails the same