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Penal Code of Tanzania - Criminal Defense Wiki

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over the woman and, if the <strong>of</strong>fender is her guardian, remove from <strong>of</strong>fender's guardianship, and<br />

in any such case may appoint any person or persons to be the guardian or guardians <strong>of</strong> the<br />

woman during her minority or for any lesser period:<br />

Provided that the High Court may at any time vary or rescind the order by the appointment <strong>of</strong><br />

any other person as a guardian or in any other respect.<br />

160.<br />

Incest by females<br />

Any female person <strong>of</strong> or above the age <strong>of</strong> eighteen years who with consent permits her<br />

grandfather, father, brother or son to have carnal knowledge <strong>of</strong> her (knowing him to be her<br />

grandfather, father, brother or son as the case may be) commits the <strong>of</strong>fence <strong>of</strong> incest and is<br />

liable to imprisonment for life or for imprisonment <strong>of</strong> not less than thirty years and shall, in<br />

addition, be ordered to pay compensation <strong>of</strong> an amount determined by the court to the victim in<br />

respect <strong>of</strong> whom the <strong>of</strong>fence was committed:<br />

Provided that if the male person is below the age <strong>of</strong> ten years, to imprisonment <strong>of</strong> not less<br />

than thirty years.<br />

160A. Punishment for sexual <strong>of</strong>fences<br />

Where any person is convicted <strong>of</strong> any sexual <strong>of</strong>fence specified under Chapter XV <strong>of</strong> this<br />

<strong>Code</strong>, as amended by the Sexual Offences Special Provisions Act *(14), the court shall<br />

sentence such person to imprisonment for a term prescribed under the Chapter.<br />

161. Test <strong>of</strong> relationship<br />

In sections 158 and 160 the expressions "brother" and "sister", respectively, include<br />

half-brother and half-sister and the provisions <strong>of</strong> those sections shall apply whether the<br />

relationship between the person charged with an <strong>of</strong>fence and the person with whom the <strong>of</strong>fence<br />

is alleged to have been committed is or is not traced through lawful wedlock.<br />

162. Sanction <strong>of</strong> Director <strong>of</strong> Public Prosecutions<br />

No prosecution for an <strong>of</strong>fence under sections 158 or 160 <strong>of</strong> this <strong>Code</strong> shall be commenced<br />

without the sanction <strong>of</strong> the Director <strong>of</strong> Public Prosecutions.<br />

CHAPTER XVI<br />

OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS (ss 163-169A)<br />

163. Fraudulent pretence <strong>of</strong> marriage<br />

Any person who wilfully and by fraud causes a woman who is not lawfully married to him to<br />

believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in<br />

that belief is guilty <strong>of</strong> an <strong>of</strong>fence and liable to imprisonment for ten years.

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