CHAPTER 87
PENAL CODE ACT
Arrangement of Sections
Section
PART I
GENERAL PROVISIONS
CHAPTER I
PRELIMINARY
1. Short title
2. Saving of certain laws
CHAPTER II
INTERPRETATION
3. General rule of interpretation
4. Interpretation
CHAPTER III
APPLICATION OF THIS CODE
5. Extent of jurisdiction of local Courts
6. Liability for offences committed partly within and partly beyond the jurisdiction
CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
7. Ignorance of law
8. Bona fide claim of right
9. Intention and motive
10. Mistake of fact
11. Presumption of sanity
12. Insanity
12A. Defence of diminished responsibility
13. Intoxication
14. Immature age
15. Judicial officers
16. Defence of duress or co-ercion
17. Defence of person or property
18. Use of force in effecting arrest
19. Repealed by Act 3 of 1990
20. Person not to be punished twice for same offence
CHAPTER V
PARTIES TO OFFENCES
21. Principal offenders
22. Offences committed by joint offenders in prosecution of common purpose
23. Counselling another to commit an offence
CHAPTER VI
PUNISHMENTS
24. Different kinds of punishment
25. Sentence of death
26. Imprisonment
26A. Sentence of community service
27. Corporal punishment
28. Fines
29. Forfeiture
30. Compensation
31. Security for keeping the peace
32. Costs
33. Court to send particulars of conviction of non-citizens to Minister responsible for home affairs
34. Deportation within Zambia
35. Provisions as to sentences of deportation
36. One act constituting several crimes, etc.
37. Date from which sentence takes effect
38. General punishment for misdemeanours
39. Sentences cumulative unless otherwise directed
40. Escaped convicts to serve unexpired sentences when recaptured
41. Absolute and conditional discharge
42. Commission of further offences by offender against whom an order for conditional discharge has been made
PART II
CRIMES
DIVISION I
OFFENCES AGAINST PUBLIC ORDER
CHAPTER VII
TREASON AND OTHER OFFENCES
43. Treason
44. Concealment of treason
45. Treason-felony
46. Promoting tribal war
47. Repealed
48. Inciting to mutiny
49. Aiding soldiers or police in acts of mutiny
50. Inducing soldiers or police to desert
51. Aiding prisoners of war to escape
52. Definition of overt act
53. Prohibited publications
54. Offences in respect of prohibited publications
55. Delivery of prohibited publication to police station
56. Power to examine packages
57. Offences in respect of seditious practices
58. Legal proceedings
59. Evidence
60. Seditious intention
61. Persons deemed to have published a seditious publication
62. Interpretation
63. Unlawful oaths to commit capital offences
64. Other unlawful oaths to commit offences
65. Compulsion: how far a defence
66. Unlawful drilling
67. Publication of false news with intent to cause fear and alarm to the public
68. Insulting the national anthem
69. Defamation of President
70. Expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of origin or colour
CHAPTER VIII
OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY
71. Defamation of foreign princes
72. Foreign enlistment
73. Piracy
CHAPTER IX
UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILITY
74. Definitions of unlawful assembly and riot
75. Punishment of unlawful assembly
76. Punishment of riot
77. Making proclamation for rioters to disperse
78. Dispersion of rioters after proclamation made
79. Rioting after proclamation
80. Preventing or obstructing the making of proclamation
81. Rioters demolishing buildings, etc.
82. Rioters injuring buildings, etc.
83. Riotously interfering with railway, vehicle, etc.
84. Going armed in public
85. Possession of offensive weapons or materials
86. Forcible entry
87. Forcible detainer
88. Affray
89. Challenge to fight a duel
90. Threatening violence
91. Proposing violence or breaches of the law to assemblies
92. Wrongfully inducing a boycott
93. Assembling for the purpose of smuggling
DIVISION II
CHAPTER X
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
94. Repealed
95. Repealed
96. Repealed
97. Officers charged with administration of property of a special character or with special duties
98. False claims by officials
99. Consent of Director of Public Prosecutions
100. False certificates by public officers
101. False assumption of authority
102. Personating public officers
103. Threat of injury to persons employed in public service
103A. Definition of Public Service.
CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
104. Perjury and subordination of perjury
104A. Conflicting Statements on Oath.
105. False statements by interpreters
106. Punishment of perjury and subordination of perjury
107. Evidence on charge of perjury
108. Fabricating evidence
109. False swearing
110. Deceiving witnesses
111. Destroying evidence
112. Conspiracy to defeat justice and interference with witnesses
113. Compounding felonies
114. Compounding penal actions
115. Advertisements for stolen property
116. Contempt of Court
117. Prohibition on taking photographs, etc., in Court
CHAPTER XII
RESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW
118. Rescue
119. Escape from lawful custody
120. Aiding prisoners to escape
121. Removal, etc., of property under lawful seizure
122. Obstructing Court officers
CHAPTER XIII
MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY
123. Frauds and breaches of trust by public officers
124. Repealed
125. False information to public officer
126. Disobedience of statutory duty
127. Disobedience of lawful orders
DIVISION III
OFFENCES INJURIOUS TO THE PUBLIC IN GENERAL
CHAPTER XIV
OFFENCES RELATING TO RELIGION
128. Insult to religion of any class
129. Disturbing religious assemblies
130. Trespassing on burial places
131. Uttering words with the intent to wound religious feelings
131A. Definition of child
CHAPTER XV
OFFENCES AGAINST MORALITY
132. Definition of rape
133. Punishment of rape
134. Attempted rape
135. Abduction
136. Abduction of children
137. Indecent assault
137A. Sexual harassment
138. Defilement of child
139. Defilement of imbecile or person with mental illness
140. Procurring child or other person for prostitution, etc.
141. Procuring defilement of by threats or fraud or administering drugs
142. Householder, etc., permitting defilement of child premises
143. Reapled
144. Detention with intent in premises or in brothel
145. Power of search
146. Person living on earnings of prostitution or persistently soliciting
147. Person living on, aiding, etc., prostitution of another for gain
148. Power of search
149. Brothels
150. Conspiracy to defile
151. Attempts to procure abortion
152. Abortion by pregnant woman or female child
153. Supplying drugs or instruments to procure abortion
154. Knowledge of age of female immaterial
155. Unnatural offences
156. Attempt to commit unnatural offences
157. Harmful cultural practice
158. Indecent practices between persons of the same sex
159. Incest by males
160. Order for guardianship
161. Incest by females
162. Test of relationship
163. Conviction of incest lawful on charge of rape and vice versa
164. Sanction of Director of Public Prosecutions
164A. Consent to incest
CHAPTER XVI
OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS
165. Fraudulent pretence of marriage
166. Bigamy
167. Marriage ceremony fraudulently gone through without lawful marriage
168. Desertion of children
169. Neglecting to provide food, etc., for children
170. Master not providing for servants or apprentices
171. Child stealing
CHAPTER XVII
NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE
172. Common niusance
173. Watching and besetting
174. Gaming houses
175. Betting houses
176. Keeper of premises defined
177. Obscene matters or things
177A. Child pornography
178. Idle and disorderly persons
179. Use of insulting language
180. Nuisances by drunken persons, etc.
181. Rogues and vagabonds
182. Wearing of uniform without authority prohibited
183. Negligent act likely to spread infection
184. Adulteration of food or drink intended for sale
185. Sale of noxious food or drink
186. Adulteration of drugs
187. Sale of adulterated drugs
188. Fouling water
189. Fouling air
190. Offensive trades
CHAPTER XVIII
DEFAMATION
191. Libel
192. Definition of defamatory matter
193. Definition of publication
194. Definition of unlawful publication
195. Cases in which publication of defamatory matter is absolutely privileged
196. Cases in which publication of defamatory matter is conditionally privileged
197. Explanation as to good faith
198. Presumption as to good faith
DIVISION IV
OFFENCES AGAINST THE PERSON
CHAPTER XIX
MURDER AND MANSLAUGHTER
199. Manslaughter
200. Murder
201. Punishment of murder
202. Punishment of manslaughter
203. Infanticide
204. Malice aforethought
205. Killing on provocation
206. Provocation defined
207. Causing death defined
208. When child deemed to be a person
209. Limitation as to time of death
CHAPTER XX
DUTIES RELATING TO THE PRESERVATION OF LIFE AND HEALTH
210. Responsibility of person who has charge of another
211. Duty of head of family
212. Duty of masters and mistresses
213. Duty of persons doing dangerous acts
214. Duty of persons in charge of dangerous things
CHAPTER XXI
OFFENCES CONNECTED WITH MURDER
215. Attempt to murder
216. Attempt to murder by convict
217. Accessory after the fact to murder
218. Written threat to murder
219. Conspiracy to murder
220. Concealing the birth of children
221. Child destruction
CHAPTER XXII
OFFENCES ENDANGERING LIFE OR HEALTH
222. Disabling with intent to commit felony or misdemeanour
223. Stupefying with intent to commit felony or misdemeanour
224. Acts intended to cause grievous harm or prevent arrest
225. Preventing escape from wreck
226. Acts endangering railways and persons travelling thereon
227. Trespass on railway
228. Acts endangering the safety of persons travelling in motor vehicles
229. Grievous harm
230. Attempting to injure by explosive substances
231. Maliciously administering poison with intent to harm
232. Unlawful wounding or poisoning
233. Failure to supply necessaries
234. Responsibility as to surgical operation
235. Criminal responsibility
236. Exception
CHAPTER XXIII
CRIMINAL RECKLESSNESS AND NEGLIGENCE
237. Reckless and negligent acts
238. Unlawful acts causing harm
239. Dealing with poisonous substances in negligent manner
240. Endangering safety of persons travelling by railway
241. Exhibition of false light, mark or buoy
242. Conveying person by water for hire in unsafe or overloaded vessel
243. Obstruction of waterways
244. Danger or obstruction in public way or line of navigation
245. Trespass on aerodromes
246. Obstruction of roads or runways
CHAPTER XXIV
ASSAULTS
247. Common assault
248. Assaults occasioning actual bodily harm
248A. Assaul or battering of child
249. Assaults on persons protecting wrecks
250. Assaults punishable with five years’ imprisonment
CHAPTER XXV
OFFENCES AGAINST LIBERTY
251. Definition of kidnapping from Zambia
252. Definition of kidnapping from lawful guardianship
253. Definition of abduction
254. Punishment for kidnapping
255. Kidnapping or abducting in order to murder
256. Kidnapping or abducting with intent to confine person
257. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.
258. Wrongfully concealing or keeping in confinement kidnapped or abducted person
259. Kidnapping or abducting child under fourteen with intent to steal from its person
260. Punishment for wrongful confinement
261. Buying or disposing of any person as a slave
262. Habitual dealing in slaves
263. Unlawful compulsory labour
DIVISION V
OFFENCES RELATING TO PROPERTY
CHAPTER XXVI
THEFT
264. Things capable of being stolen
265. Definition of theft
266. Special cases
267. Funds, etc., held under direction
268. Funds, etc., received by agents for sale
269. Money received for another
270. Theft by persons having an interest in the thing stolen
271. Husband and wife
272. General punishment for theft
273. Stolen wills
274. Stealing postal matter, etc.
275. Stock theft
275A. Stealing copper cathodes, copperbars, cobalt, lead, zinc or vanadium
276. Stealing from the person; stealing goods in transit, etc.
277. Stealing by persons in public service
278. Stealing by clerks and servants
279. Stealing by directors or officers of companies
280. Stealing by agents, etc.
281. Stealing by tenants or lodgers
281A. Stealing of motor vehicle
281B. Search, seizure and arrest of person in relation to theft of motor vehicle
282. Repealed by Act 29 of 1974
CHAPTER XXVII
OFFENCES ALLIED TO STEALING
283. Concealing registers
284. Concealing wills
285. Concealing deeds
286. Killing animals with intent to steal
287. Severing with intent to steal
288. Fraudulent disposition of mortgaged goods
289. Fraudulent dealing with metals or minerals
289A. Fraudulent dealing with motor vehicles
290. Fraudulent appropriation of power
291. Conversion not amounting to theft
CHAPTER XXVIII
ROBBERY AND EXTORTION
292. Robbery
293. Assault with intent to steal
294. Aggravated robbery
295. Aggravated assault with intent to steal
296. Demanding property by written threats
297. Attempts at extortion by threats
298. Procuring execution of deeds, etc., by threats
299. Demanding property with menaces with intent to steal
CHAPTER XXIX
BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES
300. Definition of breaking and entering
301. Housebreaking and burglary
302. Entering dwelling-house with intent to commit felony
303. Breaking into building and committing felony
304. Breaking into building with intent to commit felony
305. Persons found armed, etc., with intent to commit felony
306. Criminal trespass
307. Forfeiture
CHAPTER XXX
FALSE PRETENCES
308. Definition of false pretence
309. Obtaining goods by false pretences
309A. Obtaining pecuniary advantage by false pretences
310. Obtaining execution of a security by false pretences
310A. Intent to deceive
311. Cheating
312. Obtaining credit, etc., by false pretences
313. Conspiracy to defraud
314. Frauds on sale or mortgage of property
315. Pretending to tell fortunes
316. Obtaining registration, etc., by false pretences
317. False declaration for passport
CHAPTER XXXI
RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES
318. Receiving property stolen or unlawfully obtained
319. Person suspected of having or conveying stolen property
320. Receiving goods stolen outside Zambia
CHAPTER XXXII
ILLEGAL POSSESSION OF DIAMONDS AND EMERALDS
321. Illegal possession of diamonds or emeralds
322. Forfeiture on conviction
CHAPTER XXXIII
FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING
323. Trustees fraudulently disposing of trust property
324. Directors and officers of corporations or companies fraudulently appropriating property or keeping fraudulent accounts or falsifying books or accounts
325. False statements by officials of companies
326. Fraudulent false accounting
327. False accounting by public officer
DIVISION VI
MALICIOUS INJURIES TO PROPERTY
CHAPTER XXXIV
OFFENCES CAUSING INJURY TO PROPERTY
328. Arson
329. Attempts to commit arson
330. Setting fire to crops and growing plants
331. Attempts to set fire to crops, etc.
332. Casting away vessels
333. Attempts to cast away vessels
334. Injuring animals
335. Punishment for malicious damages in general, etc
336. Attempts to destroy property by explosives
337. Communicating infectious diseases to animals
338. Removing boundary marks with intent to defraud
339. Wilful damage, etc., to survey and boundary marks
340. Penalties for nusiance or trespass on railway works, etc
341. Threats to burn or destroy
DIVISION VI A
VANDALISM TO PUBLIC AND PRIVATE PROPERTY
CHAPTER XXXIVA
PUNISHMENT FOR VANDALISM
341A. Interpretation
341B. High Court
341C. Non application of section 26(2) of Penal Code
341D. Vandalism of public or private property necessary or incidental to provisions of necessary service
341E. Vandalism of public buildings, infrastructure, etc
341F. Vandalism of computer or computerised system
341G. Vandalism of traffic signs and traffic signals
341H. Vandalism of navigation signs and signals on water way
341I. Offences by body corporate, etc
341J. Attempts to vandalise property
34IK. Aiding, abetting, soliciting, etc
341L. Threats to vandalise
341M. Cognizable offences
341N. Forfeiture
DIVISION VII
FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES
CHAPTER XXXV
DEFINITIONS
342. Definition of forgery
343. Definition of document
344. Making a false document
344A. Intent to deceive
345. Intent to defraud
CHAPTER XXXVI
PUNISHMENTS FOR FORGERY
346. Definition of currency notes
347. General punishment for forgery
348. Forgeries punishable by imprisonment for life
349. Forgery of judicial or official document
350. Forgeries punishable by imprisonment for seven years
351. Making or having in possession paper or implements for forgery
352. Uttering false documents
353. Uttering cancelled or exhausted documents
354. Procuring execution of documents by false pretences
355. Obliterating crossings on cheques
356. Making documents without authority
357. Demanding property upon forged testamentary instrument
358. Purchasing forged notes
359. Falsifying warrants for money payable under public authority
360. Falsification of register
361. Sending false certificate of marriage to registrar
362. False statements for registers of births, deaths and marriages
CHAPTER XXXVII
OFFENCES RELATING TO COIN
363. Definitions of counterfeit coin and current coin
364. Counterfeiting coin
365. Preparations for coining
366. Clipping
367. Melting down of currency
368. Possession of clippings
369. Uttering counterfeit coin
370. Repeated uttering
371. Uttering foreign coin or metal as current coin
372. Exporting counterfeit coin
373. Forfeiture
CHAPTER XXXVIII
COUNTERFEIT STAMPS
374. Possession of die used for purpose of making stamps
375. Paper and dies for postage stamps
CHAPTER XXXIX
COUNTERFEITING TRADE MARKS
376. Definition of trade mark
377. Counterfeiting trade marks a misdemeanour
CHAPTER XL
PERSONATION
378. Personation in general
379. Falsely acknowledging deeds, recognizances, etc.
380. Personation of person named in certificate
381. Lending, etc., certificate for personation
382. Personation of person named in testimonial of character
383. Lending, etc., testimonial for personation
DIVISION VIII
REPEALED BY ACT 14 OF 1980.
384. Repealed
385. Repealed
386. Repealed
387. Repealed
388. Repealed
DIVISION IX
ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES, AND ACCESSORIES AFTER THE FACT
CHAPTER XLII
ATTEMPTS
389. Definition of attempt
390. Attempts to commit offences
391. Punishment of attempts to commit certain felonies
392. Attempts to procure commission of criminal acts
393. Neglect to prevent commission of a felony
CHAPTER XLIII
CONSPIRACIES
394. Conspiracy to commit felony
395. Conspiracy to commit misdemeanour
396. Other conspiracies
CHAPTER XLIV
ACCESSORIES AFTER THE FACT
397. Definition of accessories after the fact
398. Punishment of accessories after the fact to felonies
399. Punishment of accessories after the fact to misdemeanours
AN ACT
to establish a Code of Criminal Law.
[1st November, 1931]
Act 42 of 1930,
Act 28 of 1931,
Act 26 of 1933,
Act 10 of 1935,
Act 3 of 1936,
Act 28 of 1937,
Act 15 of 1938,
Act 48 of 1938,
Act 26 of 1940,
Act 25 of 1941,
Act 1 of 1945,
Act 15 of 1946,
Act 43 of 1947,
Act 29 of 1948,
Act 51 of 1948,
Act 28 of 1949,
Act 1 of 1952,
Act 23 of 1952,
Act 28 of 1952,
Act 20 of 1953,
Act 22 of 1953,
Act 70 of 1953,
Act 9 of 1954,
Act 34 of 1954,
Act 36 of 1954
Act 2 of 1955,
Act 17 of 1955,
Act 23 of 1955
Act 1 of 1956,
Act 8 of 1957,
Act 27 of 1957,
Act 53 of 1957,
Act 60 of 1957,
Act 7 of 1958,
Act 21 of 1958,
Act 39 of 1958,
Act 21 of 1959,
Act 29 of 1959,
Act 33 of 1959,
Act 7 of 1960,
Act 34 of 1960,
Act 36 of 1960,
Act 26 of 1961,
Act 18 of 1962,
Act 18 of 1963,
Act 20 of 1964,
Act 57 of 1964,
Act 6 of 1965,
Act 23 of 1965,
Act 29 of 1965,
Act 48 of 1965,
Act 69 of 1965,
Act 76 of 1965,
Act 20 of 1966,
Act 1 of 1967,
Act 60 of 1967,
Act 9 of 1968,
Act 22 of 1969,
Act 25 of 1969,
Act 36 of 1969,
Act 40 of 1969,
Act 45 of 1969,
Act 31 of 1970,
Act 39 of 1970,
Act 61 of 1970,
Act 5 of 1972,
Act 32 of 1972,
Act 35 of 1973,
Act 8 of 1974,
Act 9 of 1974,
Act 29 of 1974,
Act 29 of 1976,
Act 14 of 1981,
Act 2 of 1987,
Act 3 of 1990,
Act 7 of 1990,
Act 23 of 1993,
Act 13 of 1994,
Act 12 of 2000,
Act 20 of 2000,
Act 10 of 2003,
Act 15 of 2005,
Act 17 of 2007,
Act 2 of 2011,
Act 1 of 2012,
GN 268 of 1964,
GN 303 of 1964,
GN 493 of 1964,
GN 497 of 1964,
SI 63 of 1964,
SI 152 of 1965.
PART I
GENERAL PROVISIONS
CHAPTER I
PRELIMINARY
This Act may be cited as the Penal Code Act.
Except as hereinafter expressly provided, nothing in this Code shall affect—
(a) the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Zambia other than this Code; or
(b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in Zambia relating to the jurisdiction of the local Courts in respect of acts done beyond the ordinary jurisdiction of such Courts; or
(c) the power of any Court to punish a person for contempt of such Court; or
(d) the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or
(e) any power of the President to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or
(f) any written law for the time being in force for the government of the Defence Force or the Zambia Police Force:
Provided that if a person does an act which is punishable under this Code and is also punishable under another Act or Statute of any of the kinds mentioned in this section, he shall not be punished for that act both under that Act or Statute and also under this Code.
[S 2 am by Act 10 of 1935; SI 63 of 1964.]
CHAPTER II
INTERPRETATION
3. General rule of interpretation
This Code shall be interpreted in accordance with the principles of legal interpretation obtaining in England.
[S 3 am by Act 5 of 1972.]
Unless the context otherwise requires—
“community service” means form of punishment as a condition of suspension of a sentence of imprisonment requiring an offender tyo perform unpaid work within the community where the offender resides for the period specified in the order for community service”
[Ins by s 2 of Act 12 of 2000.]
“dwelling-house” includes any building or structure or part of a building or structure or any tent, or caravan or vessel which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house if there is a communication between such building or structure and the dwelling- house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise;
“explosive” or “explosive substance” means—
(a) nitro-glycerine, dynamite, gun-cotton, blasting powders, gunpowder, fulminate of mercury or other metals, and every other substance or mixture, whether similar to those enumerated herein or not, used with a view to producing a practical effect by explosion; and
(b) any detonating, igniter or safety fuse, or article of like nature, any detonator, and every adaption or preparation of an explosive as herein defined;
“felony” means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with death, or with imprisonment with hard labour for three years or more;
“grevious harm” means any harm which endangers life or which amounts to a maim or which seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense;
“harm” means any bodily hurt, disease or disorder whether permanent or temporary;
“judicial proceeding” includes any proceeding had or taken in or before any Court, tribunal, commission of inquiry, or person in which evidence may be taken on oath,
“knowingly”, used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;
“local authority” means a city council, municipal council, town council, district council;
“maim” means the destruction or permanent disabling of any external or internal organ, member or sense;
“misdemeanour” means any offence which is not a felony;
“money” includes bank notes, currency notes, bank drafts, cheques and other similar orders, warrants or requests for the payment of money;
“night” or “night-time” means the interval between seven o’clock in the evening and six o’clock in the morning;
“offensive weapon” means any article made or adapted for use for causing or threatening injury to the person, or intended by the person in question for such use, and includes any knife, spear, arrow, stone, axe, axe handle, stick or similar article;
“owner” and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the President;
“person employed in the public service” means any person holding any of the following offices or performing the duty thereof, whether as a deputy or otherwise, namely-
(a) any public office; or
(b) any office to which a person is appointed or nominated by Act or Statute; or
(c) any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of the two last preceding paragraphs of this definition; or
(d) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any Court, or in pursuance of any Act;
and the said term further includes—
(i) a member of a commission of inquiry appointed under or in pursuance of any Act;
(ii) any person employed to execute any process of a Court;
(iii) all persons belonging to the Defence Force;
(iv) all persons in the employment of any department of the Government, or a person in the employ of any corporation, body or board, including an institution of higher learning, in which the Government has a majority or controlling interest or any director of any such corporation, body or board;
(v) a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intending marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;
(vi) a councillor of, or a person in the employ of a local authority;
(vii) a person in the employ of a local authority;
“petroleum” has the meaning assigned to it by section 2 of the Petroleum Act;
“possession”, “be in possession of” or “have in possession”—
(a) includes not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to, or occupied by oneself or not) for the use or benefit of oneself or of any other person;
(b) if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;
“property” includes any description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;
“public” refers not only to all persons within Zambia, but also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;
“public place” or “public premises” includes any public way and any building, place or conveyance to which for the time being the public are entitled or permitted to have access, either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings, or assembly or as an open Court;
“public way” includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;
“publicly” when applied to acts done means either—
(a) that they are so done in any public place as to be seen by any person whether such person be or be not in a public place; or
(b) that they are so done in any place, not being a public place, as to be likely to be seen by any person in a public place;
“the State” means the Sovereign Republic of Zambia;
“Statute” means any British Act and includes any orders, rules, regulations, by-laws, or other subsidiary legislation made or passed under the authority of any Statute;
“utter” includes using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question;
“valuable security” includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property;
“vessel” includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;
“wound” means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.
[S 2 am by Act 26 of 1940; 29 of 1948, 53 of 1957, 7 of 1960, 34 of 1960; GN 268 of 1964; SI 63 of 1964; Act 69 of 1965, 76 of 1965, 20 of 1966, 25 of 1969, 36 of 1969, 5 of 1972, 35 of 1973, 29 of 1974, 3 of 1990.]
CHAPTER III
APPLICATION OF THIS CODE
5. Extent of jurisdiction of local Courts
The jurisdiction of the Courts of Zambia for the purposes of this Code extends to every place within Zambia.
6. Liability for offences committed outside the jurisdiction, or partly within and partly beyond the jurisdiction
(1) Subject to sub-section (3), a citizen of Zambia who does any act outside Zambia which, if wholly done within Zambia, would be an offence against this Code, may be tried and punished under this Code in the same manner as if such act had been wholly done within Zambia.
(2) When an act which, if wholly done within Zambia, would be an offence against this Code, is done partly within and partly outside Zambia, any person who within Zambia does any part of such act may be tried and punished under this Code as if such act had been wholly done within Zambia.
(3) Nothing in sub-section (1) shall render any person liable to be tried and punished under this Code in respect of any act done outside Zambia which, if wholly done within Zambia, would be an offence against this Code if such person has been convicted and punished outside Zambia in respect of the same act, but, save as aforesaid, any such conviction shall, for the purposes of any law including this Code, be deemed to be a conviction for the said offence against this Code.
[S 6 am by Act 39 of 1970.]
CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless know-dledge of the law by the offender is expressly declared to be an element of the offence.
A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.
(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident.
(2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.
(3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.
A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.
Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.
A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is, through any disease affecting his mind, incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission. But a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects above mentioned in reference to that act or omission.
12A. Defence of diminished responsibility
(1) Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or is induced by disease or injury) which has substantially impaired his mental responsibility for his acts or omissions in doing or being party to the killing.
(2) The provisions of sub-section (2) of section 13 shall apply with necessary modifications to the defence of diminished responsibility under this section:
Provided that the transient effect of intoxication as described in that sub-section shall be deemed not to amount to disease or injury for purposes of this section.
(3) On a charge of murder, it shall be for the defence to prove the defence of diminished responsibility and the burden of proof shall be on a balance of probabilities.
(4) Where the defence of diminished responsibility is proved in accordance with this section, a person charged with murder shall be liable to be convicted of manslaughter or any other offence which is less than murder.
[S 12A am by Act 3 of 1990.]
(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if, by reason thereof, the person charged at the time of the act or omission
complained of did not know that such act or omission was wrong or did not know what he was doing and—
(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3) Where the defence under sub-section (2) is established, then in a case falling under paragraph (a) thereof the accused person shall be discharged, and in a case falling under paragraph (b) the provisions of section 167 of the Criminal Procedure Code relating to insanity shall apply.
(4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.
(5) For the purposes of this section, “intoxication” shall be deemed to include a state produced by narcotics or drugs.
[S 13 am by Act 10 of 1935, 3 of 1936.]
(1) A person under the age of eight years is not criminally responsible for any act or omission.
(2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.
(3) A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.
[S 14 am by Act 20 of 1953.]
Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done.
16. Defence of duress or coercion
(1) Except as provided in this section, a person shall not be guilty of an offence if he does or omits to do any act under duress or coercion.
(2) For the purpose of this section a person shall be regarded as having done or omitted to do any act under duress if he was induced to do or omit to do the act by any threat of death or grievous harm to himself or another and if at the time when he did or omitted to do the act he believed (whether or not on reasonable grounds)—
(a) that the harm threatened was death or grievous injury;
(b) that the threat would be carried out—
(i) immediately; or
(ii) before he could have any real opportunity to seek official protection, if he did not do or omit to do the act in question; and
(c) that there was no way of avoiding or preventing the harm threatened.
(3) In this section “official protection” means the protection of the police or any authority managing any prison or other custodial institution, or any other authority concerned with the maintenance of law and order.
[S 16 am by Act 13 of 1990.]
17. Defence of person or property
Subject to any other provisions of this Code or any other law for the time being in force, a person shall not be criminally responsible for the use of force in repelling an unlawful attack upon his person or property, or the person or property of any other person, if the means he uses and the degree of force he employs in doing so are no more than is necessary in the circumstances to repel the unlawful attack.
[S 17 am by Act 13 of 1990.]
18. Use of force in effecting arrest
Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the Court shall, in considering whether the means used were necessary or the degree of force used was reasonable for the apprehension of such person, have regard to the gravity of the offence which had been, or was being, committed by such person and the circumstances in which such offence had been, or was being, committed by such person.
[S 19 rep by Act 13 of 1990.]
20. Person not to be punished twice for same offence
A person cannot be punished twice either under the provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.
CHAPTER V
PARTIES TO OFFENCES
(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say-
(a) every person who actually does the act or makes the omission which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence.
(2) In the case of paragraph (d) of sub-section (1), such person may be charged either with committing the offence or with counselling or procuring its commission. A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission.
22. Offences committed by joint offenders in prosecution of common purpose
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.
23. Counselling another to commit an offence
When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel. In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.
CHAPTER VI
PUNISHMENTS
24. Different kinds of punishment
The following punishments may be inflicted by a Court—
(a) death;
(b) imprisonment or an order for community service;
[S 24(b) subs by s 3 of Act 12 of 2000.]
(c) …
[S 24(c) rep by s 2 of Act 10 of 2003.]
(d) fine;
(e) forfeiture;
(f) payment of compensation;
(g) finding security to keep the peace and be of good behaviour, or to come up for judgment;
(h) deportation;
(i) any other punishment provided by this Code or by any other law.
[S 24 am by Act 26 of 1933, 26 of 1940.]
(1) When any person is sentenced to death, the sentence shall direct that he shall be hanged by the neck until he is dead.
(2) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the Court that, at the time when the offence was committed, he was under the age of eighteen years; but in lieu thereof the Court shall sentence him to be detained during the President’s pleasure; and when so sentenced he shall be liable to be detained in such place and under such conditions as the President may direct.
(3) When a person has been sentenced to be detained during the President’s pleasure under sub-section (2), the presiding Judge shall forward to the President a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing such recommendation or observations on the case as he may think fit to make.
(4) Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section 306 of the Criminal Procedure Code to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death.
[S 25 am by Act 26 of 1940, 28 of 1952.]
(1) All imprisonment shall be with or without hard labour in the discretion of the Court, unless the imposition of imprisonment only without hard labour is expressly prescribed by law.
(2) A person liable to imprisonment for life or any other period may be sentenced for any shorter term.
(3) A person convicted of a felony, other than manslaughter, may be sentenced to pay a fine in addition to imprisonment:
Provided that, where such person is a corporation, the corporation may be sentenced to a fine instead of imprisonment.
(4) A person convicted of manslaughter or a misdemeanour may be sentenced to pay a fine in addition to or instead of imprisonment.
[S 26 am by Act 26 of 1933, 76 of 1965.]
26A. Sentence of community service
Where an offender has been sentenced to community service, the offender shall perform community work for the period specified in the order for community service shall be performed in an area where the offender resides.
[S 26A ins by s 4 of Act 12 of 2000.]
[S 27 rep by s 3 of Act 10 of 2003.]
Where a fine is imposed under any written law, then, in the absence of express provisions relating to such fine in such written law, the following provisions shall apply—
(a) Where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive.
(b) In the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the Court.
(c) In the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine, the Court passing sentence may, in its discretion—
(i) direct by its sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also
(ii) issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant:
Provided that if the sentence directs that, in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so.
(d) The term of imprisonment ordered by a Court in respect of the non-payment of any sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as, in the opinion of the Court, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale:
| Amount | Maximum period |
| Not exceeding 15 penalty unit . . . . | 14 days |
| Exceeding 15 penalty units but not exceeding 30 penalty units . . . . | 1 month |
| Exceeding 30 penalty units but not exceeding 150 penalty units . . . . | 3 months |
| Exceeding 150 penalty units but not exceeding 600 penalty units . . . . | 4 months |
| Exceeding 600 penalty units but not exceed ing 1500 penalty units . . . . | 6 months |
| Exceeding 1500 penalty units . . . . | 9 months |
(e) The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.
[S 28 am by Act 26 of 1933, 13 of 1994.]
When any person is convicted of an offence under any of the following sections, namely, sections 94, 95, 96, 130, 114, 385, 386, the count shall, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any property which has passed in connection with the commission of the offence, or, if such property cannot be forfeited or cannot be found, of such sum as the Court shall assess as the value of the property. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same provisions as in the case of the payment of a fine.
[S 29 am by Act 26 of 1933; SI 63 of 1964; Act 29 of 1974.]
In accordance with the provisions of section 175 of the Criminal Procedure Code, any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence. Any such compensation may be either in addition to or in substitution for any other punishment:
[S 30 am by Act 26 of 1933, 26 of 1940, s 2 of Act 20 of 2000.]
Provided that, notwithstanding the proviso to sub-section (1) of section 175 of the Criminal Procedure Code, or any other written law, where a person is ordered to pay compensation for the commission of an offence under Division VIA, the Court may determine the amount of compensation to be awarded but the compensation shall not exceed the value of the property damaged or lost.
[S 30 proviso subs by s 2 of Act 17 of 2007.]
31. Security for keeping the peace
A person convicted of an offence not punishable with death may, instead of or in addition to any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the Court thinks fit, conditioned that he shall keep the peace and be of good behaviour for a time to be fixed by the Court, and may be orderd to be imprisoned until such recognizance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognizance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.
[S 31 am by Act 26 of 1933, 18 of 1962.]
A Court may order any person convicted of an offence to pay the costs of and incidental to the prosecution or any part thereof.
33. Court to send particulars of conviction of non-citizens to Minister responsible for home affairs
Whenever a Court shall sentence to a term of imprisonment any person—
(a) who is not a citizen of Zambia; and
(b) who has been convicted of an offence under this Code, or under any written law other than an offence relating to the driving of a motor vehicle set out in the Roads and Road Traffic Act or in any regulations for the time being in force made thereunder; the public prosecutor shall forth with, forward to the Minister responsible for home affairs the particulars of the conviction and sentence and all other particulars specified in the Second Schedule.
[S 33 am by Act 32 of 1972, 8 of 1974.]
34. Detention pending deportation
(1) Where a person is convicted before the High Court of felony, the High Court may, in addition to or in lieu of any other punishment to which he is liable, recommend to the President that he be deported to such part of Zambia as the President may direct.
(2) In default of security for peace
Where upon any sworn information it appears to the High Court that there is reason to believe that any person is about to commit a breach of the peace or that his conduct is likely to produce or excite to a breach of the peace, the High Court may order him to give security in one or more sureties for peace and good behaviour and in default may order him to be imprisoned until he gives the security ordered, or recommend to the President that he be deported as aforesaid.
(3) In cases of dangerous conduct
Where it is shown on oath to the satisfaction of the High Court that any person is conducting himself so as to be dangerous to peace and good order in any part of Zambia, or is endeavouring to excite enmity between any section of the people of Zambia and the President or the Government, or between any section of the people of Zambia and any other section of the same, or is intriguing against constituted power and authority in Zambia, or has been convicted in any Court of competent jurisdiction within or without Zambia of any offence which would be likely to excite enmity between any section of the people of Zambia and any other section of the same or by any section of the people against such person, the High Court may recommend to the President that an order be made for his deportation to such part of Zambia as may be specified in such order.
(4) Powers of subordinate Courts
The powers conferred by this section on the High Court shall also be exercisable by subordinate Courts:
Provided however that any exercise of such powers by subordinate Courts shall be liable to revision by and must be reported at once to the High Court.
(5) Approval of High Court
Where a Court recommends under this section that a person be deported, the President may make an order in accordance with such recommendation:
Provided however that if such recommendation is made by a subordinate Court, the President shall not make an order for deportation without the approval of the High Court.
(6) Any person for whose deportation a recommendation or an order has been made may be detained in the nearest convenient prison pending confirmation or otherwise of the recommendation or the carrying out of the order, as the case may be.
[S 34 am by Act 26 of 1933, 34 of 1954; GN 303 of 1964; SI 63 of 1964.]
35. Provisions as to sentences of deportation
(1) If a person ordered to be deported to any part of Zambia under the preceding section is sentenced to any term of imprisonment, such sentence of imprisonment shall be served before the order of deportation is carried into effect.
(2) An order for deportation may be expressed to be in force for a time to be limited therein or for an unlimited time and may require the deported person to report himself personally at such place, to such person and at such intervals of time, not being less than thirty days, as may be specified in such order.
(3) If a person leaves or attempts to leave the district or place in Zambia to which he has been deported while the order of deportation is still in force without the written consent of the President, which consent may be given subject to any terms as to security for good behaviour or otherwise as to the President may seem good, or wilfully neglects or refuses to report himself as ordered, such person is liable to imprisonment for six months and to be again deported on a fresh warrant under the original order or under a new order.
(4) For the purposes of this section, a person shall be deemed to have served a sentence of imprisonment immediately upon his release after earning remission for good behaviour or on license issued under any written law relating to prisons.
[S 35 am by Act 1 of 1952, 34 of 1954, 21 of 1959, 18 of 1962; GN 303 of 1964.]
36. One act constituting several crimes, etc.
With respect to cases where one act constitutes several crimes or where several acts are done in execution of one criminal purpose, the following provisions shall have effect, that is to say—
(a) Against one person or thing
Where a person does several acts against or in respect of one person or thing, each of which acts is a crime but the whole of which acts are done in the execution of the same design and in the opinion of the Court before which the person is tried form one continuous transaction, the person shall be punished for each act so charged as a separate crime and the Court shall upon conviction award a separate punishment for each act. If the Court orders imprisonment the order may be for concurrent or consecutive terms of imprisonment:
Provided always that—
(i) if the terms of imprisonment ordered are consecutive, the total of the terms so ordered shall not exceed the maximum term of imprisonment allowed by law in respect of that conviction for which the law allows the longest term; and, if the Court orders the payment of fines, the fines may or may not be cumulative;
(ii) where the Court orders cumulative fines, the total of the fines so ordered shall not exceed the maximum fines allowed by law in respect of that conviction for which the law allows the largest fine.
(b) Against several persons or things
If a person by one act assaults, harms or kills several persons or in any manner causes injury to several persons or things, he shall on conviction be punished in respect of each person so assaulted, harmed or killed or each person or thing injured; in such case the Court shall order a separate punishment in respect of each person assaulted, harmed or killed or in respect of each person or thing injured. If the Court orders imprisonment, the order may be for concurrent or consecutive terms of imprisonment:
Provided always that—
(i) if the terms of imprisonment ordered are consecutive, the total of the terms of imprisonment so ordered shall not exceed the maximum term allowed by law in respect of that conviction for which the law allows the longest term; and, if the Court orders the payment of fines, the fines may or may not be cumulative;
(ii) where the Court orders cumulative fines, the total of such fines shall not exceed the maximum allowed by law in respect of that conviction for which the law allows the largest fine.
(c) …
[S 36 am by Act 23 of 1952, s 36(c) rep by s 4 of Act 10 of 2003.]
37. Date from which sentence takes effect
Except as otherwise in this Coe or in any other written law provided, a sentence of imprisonment takes effect from and includes the whole of the day on which it was pronounced unless the Court shall, at the time of passing sentence, expressly order that it shall take effect from some day prior to that on which it was pronounced;
Provided that such prior day shall not be earlier than the day on which the arrested person was taken into custody for the offence for which sentence is pronounced.
[S 37 am by Act 3 of 1990.]
38. General punishment for misdemeanours
When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.
39. Sentences cumulative unless otherwise directed
(1) Where any person is convicted of an offence by a Court and at the date of such conviction he has not been sentenced under a prior conviction or his sentence under a prior conviction has not expired, then any sentence imposed by the said Court, other than a sentence of death, shall be executed after the expiration of the sentence imposed under the prior conviction, unless the said Court otherwise directs.
[S 39(1) am by s 5 of Act 10 of 2003.]
(2) A Court may direct that a sentence imposed by it on any person shall be executed concurrently with a sentence or with any part of a sentence imposed on such person under a prior conviction:
Provided that it shall not be lawful for a Court to direct that a sentence of imprisonment in default of payment of a fine shall be executed concurrently with a sentence imposed in respect of a prior conviction under sub-paragraph (i) of paragraph (c) of section 28 or with any part of such sentence.
[S 39 am by Act 18 of 1962, GN 268 of 1964.]
40. Escaped convicts to serve unexpired sentences when recaptured
(1) When sentence is passed under this Code on an escaped convict, such sentence, if of death or fine, shall, subject to the provisions of this code, take effect immediately, and if of imprisonment, shall take effect according to the following rules, that is to say—
(a) if the new sentence is severer than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately and he shall serve any period of imprisonment in respect of his former sentence which remained unexpired at the time of his escape after he has completed serving his new sentence;
(b) when the new sentence is not severer than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that part of his former sentence which remained unexpired at the time of his escape.
[S 40(1) am by s 6 of Act 10 of 2003.]
(2) For the purposes of this section, a sentence of imprisonment for whatever period with hard labour shall be deemed severer than a sentence of imprisonment for whatever period without hard labour and, where the conditions as to labour are the same, a longer sentence shall be deemed severer than a shorter sentence.
[S 40 am by Act 26 of 1940.]
41. Absolute and conditional discharge
(1) Where a Court by or before which a person is convicted of an offence, not being an offence the sentence for which is fixed by law, is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order under the Probation of Offenders Act is not appropriate, the Court may make an order discharging him absolutely or subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified therein.
(2) An order discharging a person subject to such a condition as aforesaid is in this section and in section 42 referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.
(3) Before making an order for conditional discharge, the Court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.
(4) A Court may, on making an order for conditional discharge, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to execute a bond for the good behaviour of the offender; and the provisions of section 60 of the Criminal Procedure Code shall apply in relation to the forfeiture of any such bond.
(5) Subject as hereinafter provided, a conviction for an offence for which an order is made under this section discharging the offender absolutely or conditionally shall not be deemed to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any further proceedings which may be taken against the offender under section 42.
(6) The foregoing provisions of this section shall not affect—
(a) any right of any such offender as aforesaid to appeal against his conviction, or to rely thereon in bar of any subsequent proceedings for the same offence;
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