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Penal Code of Tanzania - Criminal Defense Wiki

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Provided that it shall be a sufficient defence to a charge under this section if it is made to<br />

appear to the court before which that person is charged that he had reasonable cause to<br />

believe and did in fact believe that the woman was <strong>of</strong> or above the age <strong>of</strong> sixteen years.<br />

143. Detention in any premises with intent, or in brothel<br />

(1) Any person who detains a woman against her will–<br />

(a) in or upon any premises with intent that she may have unlawful sexual intercourse with<br />

any man, whether any particular man or generally; or<br />

(b) in any brothel,<br />

is guilty <strong>of</strong> an <strong>of</strong>fence.<br />

(2) When a woman is in or upon any premises for the purpose <strong>of</strong> having unlawful sexual<br />

intercourse or is in any brothel, a person shall be deemed to detain her there if, with intent to<br />

compel or induce her to remain in or upon the premises or in the brothel, that person withholds<br />

from her any wearing apparel or other property belonging to her, or where wearing apparel has<br />

been lent or otherwise supplied to her by or by the directions <strong>of</strong> that person, that person<br />

threatens her with legal proceedings if she takes away with her the wearing apparel so lent or<br />

supplied.<br />

(3) No legal proceedings, whether civil or criminal, shall be taken against any woman<br />

referred to in this section for taking away or being found in possession <strong>of</strong> any wearing apparel<br />

as was necessary to enable her to leave the premises or brothel.<br />

144. Power <strong>of</strong> search<br />

(1) If it appears to a magistrate, on information made before him on oath by a parent, relative<br />

or guardian <strong>of</strong> a woman or any other person who, in the opinion <strong>of</strong> the magistrate, is acting<br />

bona fide in the interests <strong>of</strong> the woman or person that there is reasonable cause to suspect that<br />

that woman is unlawfully detained for immoral purposes by any person in any place within the<br />

jurisdiction <strong>of</strong> the magistrate, the magistrate may issue a warrant authorising the person named<br />

therein to search for, and, when found, to take to and detain her in a place <strong>of</strong> safety until she<br />

can be brought before a magistrate; and the magistrate before whom she is brought may cause<br />

her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances<br />

may permit and require.<br />

(2) A magistrate issuing the warrant may, by the same or any other warrant, cause any<br />

person accused <strong>of</strong> so unlawfully detaining the woman to be apprehended and brought before a<br />

magistrate and proceedings to be taken for punishing that person according to law.<br />

(3) A woman shall be deemed to be unlawfully detained for immoral purposes if she is so<br />

detained for purposes <strong>of</strong> unlawful sexual intercourse whether with any particular man or<br />

generally; and–

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