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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person <strong>of</strong> the community to which the accused belongs.<br />
203. Causing death defined<br />
A person is deemed to have caused the death <strong>of</strong> another person, although his act is not the<br />
immediate or sole cause <strong>of</strong> death, in any <strong>of</strong> the following cases–<br />
(a) if he inflicts bodily injury on another person in consequence <strong>of</strong> which that other person<br />
undergoes surgical or medical treatment which causes death; in which case it is<br />
immaterial whether the treatment was proper or mistaken if it was employed in good<br />
faith and with common knowledge and skill; but the person inflicting the injury is not<br />
deemed to have caused the death if the treatment which was its immediate cause was<br />
not employed in good faith or was so employed without common knowledge or skill;<br />
(b) if he inflicts bodily injury on another which would not have caused death if the injured<br />
person had submitted to proper surgical or medical treatment or had observed proper<br />
precautions as to his mode <strong>of</strong> living;<br />
(c) if by actual or threatened violence he causes that other person to perform an act which<br />
causes the death <strong>of</strong> that person, the act being a means <strong>of</strong> avoiding the violence which<br />
in the circumstances would appear natural to the person whose death is so caused;<br />
(d) if by any act or omission he hastens the death <strong>of</strong> a person suffering under any disease<br />
or injury which, apart from that act or omission, would have caused death;<br />
(e) if his act or omission would not have caused death unless it had been accompanied by<br />
an act or omission <strong>of</strong> the person killed or <strong>of</strong> another person.<br />
204. When child deemed to be a person<br />
A child becomes a person capable <strong>of</strong> being killed when it has completely proceeded in a<br />
living state from the body <strong>of</strong> its mother, whether it has breathed or not, and whether it has an<br />
independent circulation or not, and whether the navelstring is severed or not.<br />
205. Limitation as to time <strong>of</strong> death<br />
(1) A person is not deemed to have killed another if the death <strong>of</strong> that person does not take<br />
place within a year and a day <strong>of</strong> the cause <strong>of</strong> death.<br />
(2) For the purpose <strong>of</strong> reckoning the period referred to in subsection (1)–<br />
(a) the period shall include the day on which the last unlawful act contributing to the cause<br />
<strong>of</strong> death was done;<br />
(b) when the cause <strong>of</strong> death is an omission to observe or perform a duty, the period is<br />
reckoned inclusive <strong>of</strong> the day on which the omission ceased; and<br />
(c) when the cause <strong>of</strong> death is in part an unlawful act and in part an omission to observe