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Penal Code of Tanzania - Criminal Defense Wiki

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(4) The standard <strong>of</strong> pro<strong>of</strong> by the accused <strong>of</strong> any <strong>of</strong> the facts or circumstances set out in<br />

subsection (3), shall be on a balance <strong>of</strong> probabilities.<br />

194B. Repealed<br />

[Repealed by Act No. 13 <strong>of</strong> 1984 s. 63.]<br />

195. Manslaughter<br />

Division IV. – Offences against the Person (ss 195-256)<br />

CHAPTER XX<br />

MURDER AND MANSLAUGHTER (ss 195-205)<br />

(1) Any person who by an unlawful act or omission causes the death <strong>of</strong> another person is<br />

guilty <strong>of</strong> manslaughter.<br />

(2) An unlawful omission is an omission amounting to culpable negligence to discharge a<br />

duty tending to the preservation <strong>of</strong> life or health, whether the omission is or is not accompanied<br />

by an intention to cause death or bodily harm.<br />

196. Murder<br />

Any person who, with malice aforethought, causes the death <strong>of</strong> another person by an<br />

unlawful act or omission is guilty <strong>of</strong> murder.<br />

197. Punishment for murder<br />

A person convicted <strong>of</strong> murder shall be sentenced to death.<br />

198. Punishment for manslaughter<br />

Any person who commits manslaughter is liable to imprisonment for life.<br />

199. Conviction for infanticide in certain cases<br />

Where a woman by any wilful act or omission causes the death <strong>of</strong> her child, being a child<br />

under the age <strong>of</strong> twelve months, but at the time <strong>of</strong> the act or omission she had not fully<br />

recovered from the effect <strong>of</strong> giving birth to the child, and for that reason or by reason <strong>of</strong> the<br />

effect <strong>of</strong> lactation consequent upon the birth <strong>of</strong> the child the balance <strong>of</strong> her mind was then<br />

disturbed, she shall, notwithstanding that the circumstances were such that but for this section<br />

the <strong>of</strong>fence would have amounted to murder, be guilty <strong>of</strong> infanticide, and may, be dealt with and<br />

punished for the <strong>of</strong>fence as if she had been guilty <strong>of</strong> manslaughter <strong>of</strong> the child.<br />

200. Malice aforethought<br />

Malice aforethought shall be deemed to be established by evidence proving any one nor

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