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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

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