Penal Code, 1930

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Jurisdiction: Zambia
Citation: Chapter 87
Date: 31 December 1996
Language: English
Type: Legislation
Download: Download PDF (1.3 MB)

Penal Code, 1930

Chapter 87

Commenced on 1 November 1931
[This is the version of this document as it was at 31 December 1996 to 31 August 2000.]

[Acts No. 42 of 1930; 28 of 1931; 26 of 1933; 10 of 1935; 3 of 1936; 28 of 1937; 15 of 1938; 48 of 1938; 26 of 1940; 25 of 1941; 1 of 1945; 15 of 1946; 43 of 1947; 29 of 1948; 51 of 1948; 28 of 1949; 1 of 1952; 23 of 1952; 28 of 1952; 20 of 1953; 22 of 1953; 70 of 1953; 9 of 1954; 34 of 1954; 2 of 1955; 17 of 1955; 1 of 1956; 8 of 1957; 27 of 1957; 53 of 1957; 60 of 1957; 7 of 1958; 21 of 1958; 39 of 1958; 21 of 1959; 29 of 1959; 33 of 1959; 7 of 1960; 34 of 1960; 36 of 1960; 26 of 1961; 18 of 1962; 18 of 1963; 20 of 1964; 57 of 1964; 6 of 1965; 23 of 1965; 29 of 1965; 48 of 1965; 69 of 1965; 76 of 1965; 20 of 1966; 1 of 1967; 60 of 1967; 9 of 1968; 22 of 1969; 25 of 1969; 36 of 1969; 40 of 1969; 45 of 1969; 39 of 1970; 61 of 1970; 5 of 1972; 32 of 1972; 35 of 1973; 8 of 1974; 9 of 1974; 29 of 1974; 29 of 1976]An Act to establish a Code of Criminal Law.

Part I – General provisions

Chapter I
Preliminary

1. Short title

This Act may be cited as the Penal Code and hereinafter is referred to as "this Code".

2. Saving of certain laws

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.[As amended by No. 10 of 1935 and S.I. No. 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.[No. 5 of 1972]

4. Interpretation

Unless the context otherwise requires—"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 two of the Petroleum Act;[Cap. 435]"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.[As amended by No. 26 of 1940; No. 29 of 1948; No. 53 of 1957; Nos. 7 and 34 of 1960; G.N. No. 268 of 1964; S.I. No. 63 of 1964; Nos. 69 and 76 of 1965; 35 of 1973; No. 20 of 1966; Nos. 25 and 36 of 1969; No. 5 of 1972; No. 29 of 1974; and No. 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 subsection (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 subsection (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.[No. 39 of 1970]

Chapter IV
General rules as to criminal responsibility

7. Ignorance of law

Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless know-ledge of the law by the offender is expressly declared to be an element of the offence.

8. Bona fide claim of right

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.

9. Intention and motive

(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.

10. Mistake of fact

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.

11. Presumption of sanity

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.

12. Insanity

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 subsection (2) of section thirteen 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 subsection 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.[As amended by Act No. 3 of 1990]

13. Intoxication

(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 subsection (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 one hundred and sixty-seven of the Criminal Procedure Code relating to insanity shall apply.[Cap. 88]

(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.[No. 10 of 1935 as amended by No. 3 of 1936]

14. Immature age

(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.[As amended by No. 20 of 1953]

15. Judicial officers

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.[As amended by Act No. 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.[As amended by Act 3 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.

19. ***

[repealed by Act No. 3 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

21. Principal offenders

(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 subsection (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;

(c)corporal punishment;

(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.

[As amended by No. 26 of 1933 and No. 26 of 1940]

25. Sentence of death

(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 subsection (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 three hundred and six 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.[As amended by No. 26 of 1940 and No. 28 of 1952][Cap. 88]

26. Imprisonment

(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.[As amended by No. 26 of 1933 and No. 76 of 1965]

27. Corporal punishment

(1)No person shall be sentenced to undergo corporal punishment for any offence except as provided in subsections (2), (3), (4) and (5).

(2)Where any person under the age of twenty-one years is convicted of any offence punishable by imprisonment for a term of or exceeding three months, a court may, in its discretion, order him to be caned in addition to or in substitution for such imprisonment:Provided always that a court shall not order caning where imprisonment may be ordered only on non-payment of fine or upon insufficient distress.

(3)A court may sentence to caning a person convicted of burglary, housebreaking or theft in circumstances where it is expedient in the interests of the community to order caning, or of an offence specified in the Schedule.

(4)A person may be sentenced to corporal punishment in accordance with the provisions of any written law in force relating to—

(a)the conduct of prisoners in any prison or of persons confined in any reformatory, approved school or other similar institution;

(b)the jurisdiction of local courts;

(c)the care and protection of juveniles;

(d)the prevention of cruelty to animals.

(5)When a person is sentenced to undergo corporal punishment, such sentence shall be a sentence of caning and shall be in accordance with the following provisions:

(a)The sentence of caning shall be to be caned once only and shall specify the number of strokes which shall not exceed twelve in the case of a person under nineteen years of age nor twenty-four in any other case.

(b)No female shall be caned.

(c)The caning shall be carried out with a cane of a type and in a manner approved by the Minister responsible for home affairs.

(d)Caning shall, whenever practicable, be inflicted in the presence of a medical officer after the convicted person has been certified by him to be fit for such punishment. The medical officer shall immediately stop the infliction of further punishment if he considers that the convicted person is not in a fit state of health to undergo the remainder thereof and shall certify the fact in writing.

(e)Whenever under the provisions of paragraph (d) any medical officer has certified that any prisoner sentenced to undergo caning is not in fit state of health to undergo, the whole or the remainder thereof, he shall immediately transmit his certificate to the court which passed the sentence or to a court having jurisdiction which may substitute another penalty in lieu of the sentence of caning. Such prisoner may lawfully be kept in custody pending the decision of the court to which the medical officer has transmitted his certificate as hereinbefore provided.

(f)No person shall receive more than twelve strokes of a cane unless a medical officer be present.

(g)No sentence of caning shall be carried out by instalments.

(h)Where at any one sitting of a court more than one sentence of caning is imposed on any person, the sentences so imposed shall be deemed to be one sentence for the purposes of paragraph (a).

[No. 23 of 1952 as amended by No. 21 of 1958; No. 18 of 1963 and G.N. No. 303 of 1964]

28. Fines

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 150 penalty units but not exceeding 600 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.

[As amended by No. 26 of 1933 and Act No. 13 of 1994]

29. Forfeiture

When any person is convicted of an offence under any of the following sections, namely, sections ninety four, ninety-five, ninety-six, one hundred and thirty, one hundred and fourteen, three hundred and eighty-five and three hundred and eighty-six, 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.[As amended by No. 26 of 1933 and S.I. No. 63 of 1964 and Act No. 29 of 1974]

30. Compensation

In accordance with the provisions of section one hundred and seventy-five 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.[As amended by No. 26 of 1933 and No. 26 of 1940][Cap. 88]

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.[No. 26 of 1933 as amended by No. 18 of 1962]

32. Costs

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.[Act No. 32 of 1972 and No. 8 of 1974][Cap. 464]

34. Deportation within Zambia in cases of felony

(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 peaceWhere 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 conductWhere 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 courtsThe 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 CourtWhere 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)Detention pending deportationAny 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.[As amended by No. 26 of 1933; No. 34 of 1954; G.N. No. 303 of 1964 and S.I. No. 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 licence issued under any written law relating to prisons.[As amended by No. 1 of 1952; No. 34 of 1954; No. 21 of 1959; No. 18 of 1962 and G.N. No. 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 thingWhere 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 thingsIf 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)Corporal punishment in additionNothing in paragraphs (a) and (b) shall prevent the court from ordering in addition caning in respect of any conviction or convictions for which the law allows caning:Provided always that the total number of strokes ordered shall not exceed the maximum number allowed by law in respect of that conviction for which the law allows the greatest number of strokes.

[As amended by No. 23 of 1952]

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.[As amended by Act No. 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 or corporal punishment, shall be executed after the expiration of the sentence imposed under the prior conviction, unless the said court otherwise directs.

(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 twenty-eight or with any part of such sentence.

[No. 18 of 1962 as amended by G.N. No. 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, fine or corporal punishment, 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.

(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.[No. 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.[Cap. 93]

(2)An order discharging a person subject to such a condition as aforesaid is in this section and in section forty-two 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 sixty of the Criminal Procedure Code shall apply in relation to the forfeiture of any such bond.[Cap. 88]

(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 forty-two.

(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;

(b)the revesting or restoration of any property in consequence of the conviction of any such offender.

(7)Where, under the provisions of section forty-two, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.[No. 18 of 1962]

42. Commission of further offences by offender against whom an order for conditional discharge has been made

(1)If it appears to any Judge or magistrate that an offender against whom an order for conditional discharge has been made has been convicted of an offence during the period of conditional discharge, he may issue a summons requiring the offender to appear at the place and time specified therein or may issue a warrant for his arrest:Provided that a magistrate shall not issue such a summons or warrant except on information on oath.

(2)A summons or warrant issued under subsection (1) shall direct the offender to appear or to be brought before the court by which the order for conditional discharge was made.

(3)Where an offender is convicted by a magistrate of an offence committed during the period of conditional discharge, the magistrate may commit the offender to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the order of conditional discharge was made.

(4)Where a magistrate commits an offender to custody, or releases him on bail, under the provisions of subsection (3), he shall transmit to the court by which the order for conditional discharge was made—

(a)such particulars of the matter as he thinks fit; and

(b)a signed certificate of the conviction for the offence committed during the period of conditional discharge;

and for the purposes of the proceedings in the court to which it is transmitted, such certificate, if purporting to be so signed, shall be admitted as evidence of the conviction.

(5)Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the offender has been convicted of an offence committed during the period of conditional discharge, such court may deal with him in respect of the original offence in any manner in which it could deal with him if he had just then been convicted before the court of such original offence.

(6)Where an offender is convicted before the High Court of an offence committed during the period of conditional discharge, the High Court may deal with him in respect of the original offence in any manner in which the court which made the order for conditional discharge could deal with him if he had just then been convicted before that court of such original offence.[No. 18 of 1962]

Part II – Crimes

Division I - Offences against public order

Chapter VII
Treason and other offences

43. Treason

(1)A person is guilty of treason and shall be liable to suffer death who—

(a)prepares or endeavours to overthrow by unlawful means the Government as by law established; or

(b)prepares or endeavours to procure by force any alteration of the law or the policies of the Government; or

(c)prepares or endeavours to procure by force the setting up of an independent state in any part of Zambia or the secession of any part of Zambia from the Republic; or

(d)prepares or endeavours to carry out by force any enterprise which usurps the executive power of the State in any matter of both a public and a general nature; or

(e)incites or assists any person to invade Zambia with armed force or unlawfully to submit any part of Zambia to attack by land, water or air, to assist in the preparation of any such invasion or attack; or

(f)in time of war and with intent to give assistance to the enemy, does any act which is likely to give such assistance.

(2)In paragraphs (b), (c) and (d) of subsection (1), "by force" means either—

(a)by force used in such a manner as, whether by reason of the number of persons involved or the means used or both, to imperil or be likely to imperil the safety of the State or to cause or be likely to cause death or grievous harm or serious damage to property; or

(b)by a show of force calculated to arouse reasonable apprehension that force will be used in such a manner as is described in paragraph (a).

(3)A person who is not a citizen of Zambia shall not be punishable under this section for anything done outside Zambia, but a citizen of Zambia may be tried and punished for an offence under this section as if it had been committed within the jurisdiction of the court.[No. 6 of 1965]

44. Concealment of treason

Any person who—

(a)becomes an accessory after the fact to treason; or

(b)knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the President, the Vice-President, a Minister, a Deputy Minister, an Administrative Officer or a police officer, or use other reasonable endeavours to prevent the commission of the offence;

is guilty of the felony termed misprision of treason and is liable to imprisonment for life.[As amended by No. 6 of 1965]

45. Treason-felony

A person is guilty of treason-felony and shall be liable to imprisonment for twenty years who—

(a)prepares or endeavours to procure by unlawful means any alterations of the law or the policies of the Government; or

(b)prepares or endeavours to carry out by unlawful means any enterprise which usurps the executive power of the State in any matter of both a public and a general nature.[No. 6 of 1965]

46. Promoting tribal war

Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by, or against any chief, or with, for, by, or against any tribal group, is guilty of a felony, and is liable to imprisonment for life.

47. ***

[Repealed by Act No. 35 of 1973]

48. Inciting to mutiny

Any person who advisedly attempts to effect any of the following purposes, that is to say:

(a)to seduce any person serving in the Defence Force or any member of the Zambia Police Force from his duty and allegiance to the President; or

(b)to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or

(c)to incite any such persons to make or endeavour to make a mutinous assembly;

is guilty of a felony, and is liable to imprisonment for life.[As amended by S.I. No. 63 of 1964]

49. Aiding soldiers or police in acts of mutiny

Any person who—

(a)aids, abets, or is accessory to, any act of mutiny by; or

(b)incites to sedition or to disobedience to any lawful order given by a superior officer;

any non-commissioned officer or private of the Defence Force or any member of the Zambia Police Force, is guilty of a misdemeanour.

50. Inducing soldiers or police to desert

Any person who, by any means whatever, directly or indirectly—

(a)procures or persuades or attempts to procure or persuade to desert; or

(b)aids, abets, or is accessory to the desertion of; or

(c)having reason to believe he is a deserter, harbours or aids in concealing;

any non-commissioned officer or private of the Defence Force or any member of the Zambia Police Force, is guilty of a misdemeanour and is liable to imprisonment for six months.

51. Aiding prisoners of war to escape

Any person who—

(a)knowingly and advisedly aids an alien enemy of the Republic, being a prisoner of war in Zambia, whether such prisoner is confined in a prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Zambia, is guilty of a felony and is liable to imprisonment for life;

(b)negligently and unlawfully permits the escape of any such person as is mentioned in paragraph (a), is guilty of a misdemeanour.

52. Definition of overt act

In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.

53. Prohibited publications

(1)If the President is of the opinion that there is in any publication or series of publications published within or without Zambia by any person or association of persons matter which is contrary to the public interest, he may, in his absolute discretion, by order published in the Gazette and in such local newspapers as he may consider necessary, declare that that particular publication or series of publications, or all publications or any class of publication specified in the order published by that person or association of persons, shall be a prohibited publication or prohibited publications, as the case may be.

(2)If an order made under the provisions of subsection (1) specifies by name a publication which is a periodical publication, such order shall, unless a contrary intention be expressed therein, have effect—

(a)with respect to all subsequent issues of such publication; and

(b)not only with respect to any publication under that name, but also with respect to any publication published under any other name if the publishing thereof is in any respect a continuation of, or in substitution for, the publishing of the publication named in the order.

(3)If an order made under the provisions of subsection (1) declares that all publications published by a specified person or association of persons shall be prohibited publications, such order shall, unless a contrary intention be expressed therein, have effect not only with respect to all publications published by that person or association of persons before the date of the order but also with respect to all publications so published on or after such date.

(4)An order made under the provisions of subsection (1) shall, unless a contrary intention is expressed therein, apply to any translation into any language whatsoever of the publication specified in the order.

(5)Where an order has been made under subsection (1) declaring any series of publications or all or any class of publications published by any person or association of persons to be prohibited publications or specifying by name a publication which is a periodical publication, any person who wishes to import into Zambia any particular publication affected by such order may apply to the competent authority for a permit in that behalf and, unless the competent authority is satisfied that the publication contains matter which is contrary to the public interest, he shall grant such a permit and the order shall thereupon cease to have effect with respect to that publication.

(6)Any person whose application to the competent authority under subsection (5) has been refused may appeal in writing against such refusal to the President whose decision thereon shall be final.

(7)For the purpose of this section and of any prosecution in respect of a prohibited publication, any publication which purports to be printed or published outside Zambia by any person or association of persons shall, unless and until the contrary is proved, be deemed to be published outside Zambia by such person or persons.[No. 9 of 1954 as amended by Nos. 34 and 36 of 1960; No. 18 of 1962 and G.N. No. 303 of 1964) ]

54. Offences in respect of prohibited publications

(1)Any person who imports, publishes, sells, offers for sale, distributes, or reproduces any prohibited publication or any extract therefrom, is guilty of an offence and is liable for a first offence to imprisonment for two years or to a fine not exceeding three thousand penalty units or to both, and for a subsequent offence to imprisonment for three years; and such publication or extract therefrom shall be forfeited to the President on behalf of the Government.

(2)Any person who, without lawful excuse, has in his possession any prohibited publication or any extract therefrom, is guilty of an offence and is laible for a first offence to imprisonment for one year or to a fine not exceeding one thousand and five hundred penalty units or to both, and for subsequent offence to imprisonment for two years; and such publication or extract therefrom shall be forfeited to the President on behalf of the Government.[No. 48 of 1938 as amended by No. 9 of 1954; S.I. No. 63 of 1964 and Act No. 13 of 1994]

55. Delivery of prohibited publication to police station

(1)Any person to whom any prohibited publication or any extract therefrom is sent without his knowledge or privity or in response to a request made before the publication was declared to be a prohibited publication, or who has in his possession any prohibited publication or extract therefrom at the date when the publication is declared to be a prohibited publication, shall forthwith if or as soon as the nature of the contents thereof have become known to him, or in the case of a publication or extract therefrom which is in the possession of such person before an order declaring it to be a prohibited publication has been made, forthwith upon the making of such an order, deliver such publication or extract therefrom at the nearest police station of which an officer of or above the rank of Sub Inspector is in charge or to the nearest Administrative Officer, and in default thereof he is guilty of an offence and is liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding one year, or to both, and such publication or extract therefrom shall be forfeited.

(2)This section shall not apply to a public officer who receives or is in possession of a prohibited publication or extract therefrom in the course of his duties as such officer.

(3)A person who complies with the provisions of subsection (1) or is convicted of an offence under that subsection shall not be liable to prosecution for an offence under section fifty-four.[No. 9 of 1954 as amended by S.I. No. 63 of 1964; No. 24 of 1977 and Act No. 13 of 1994]

56. Power to examine packages

(1)Any of the following officers, that is to say:

(a)any officer of the General Post Office not below the rank of postmaster;

(b)any officer of the Department of Customs and Excise not below the rank of collector;

(c)any police officer not below the rank of Sub Inspector;

(d)any other officer authorised in that behalf by the President;

may detain, open and examine any package or article which he suspects to contain any prohibited publication or extract therefrom, and during such examination may detain any person importing, distributing, or posting such package or article or in whose possession such package or article is found.

(2)If any such publication or extract therefrom is found in such package or article, the whole package or article may be impounded and retained by the officer, and the person importing, distributing, or posting it, or in whose possession it is found, may forthwith be arrested and proceeded against for the commission of an offence under section fifty-four or fifty-five, as the case may be.[No. 48 of 1938 as amended by No. 9 of 1954; G.N. No. 303 of 1964 and Act No. 24 of 1977]

57. Offences in respect of seditious practices

(1)Any person who—

(a)does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention;

(b)utters any seditious words;

(c)prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication;

(d)imports any seditious publication, unless he has no reason to believe that it is seditious;

is guilty of an offence and is liable for a first offence to imprisonment for seven years or to a fine not exceeding six thousand penalty units or to both; and any seditious publication shall be forfeited.

(2)Any person who, without lawful excuse, has in his possession any seditious publication is guilty of an offence and is liable for a first offence to imprisonment for two years or to a fine not exceeding three thousand penalty units or to both, and for a subsequent offence to imprisonment for five years; and such publication shall be forfeited.[No. 48 of 1938 as amended by No. 29 of 1959; No. 6 of 1965 and Act No. 13 of 1994]

58. Legal proceedings

A person shall not be prosecuted for an offence under section fifty-seven without the written consent of the Director of Public Prosecutions.[No. 48 of 1938 as amended by No. 6 of 1965]

59. Evidence

No person shall be convicted of an offence under section fifty-seven on the uncorroborated testimony of one witness.[No. 48 of 1938]

60. Seditious intention

(1)A seditious intention is an intention—

(a)to advocate the desirability of overthrowing by unlawful means the Government as by law established; or

(b)to bring into hatred or contempt or to excite disaffection against the Government as by law established; or

(c)to excite the people of Zambia to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Zambia as by law established; or

(d)to bring into hatred or contempt or to excite disaffection against the administration of justice in Zambia; or

(e)to raise discontent or disaffection among the people of Zambia; or

(f)to promote feelings of ill will or hostility between different communities or different parts of a community; or

(g)to promote feelings of ill will or hostility between different classes of the population of Zambia; or

(h)to advocate the desirability of any part of Zambia becoming an independent state or otherwise seceding from the Republic; or

(i)to incite violence or any offence prejudicial to public order or in disturbance of the public peace; or

(j)to incite resistance, either active or passive, or disobedience to any law or the administration thereof:

Provided that an intention, not being an intention manifested in such a manner as to effect or be likely to effect any of the purposes mentioned in the aforegoing provisions of this subsection, shall not be taken to be seditious if it is an intention—

(i)to show that the Government have been misled or mistaken in any of their measures; or

(ii)to point out errors or defects in the Government or Constitution as by law established or in legislation or in the administration of justice, with a view to the reformation of such errors or defects; or

(iii)to persuade the people of Zambia to attempt to procure by lawful means the alteration of any matter in Zambia as by law established; or

(iv)to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill will or hostility between different classes of the population of Zambia.

(2)In determining whether the intention with which any act was done, any words were spoken, or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.

(3)For the purposes of paragraph (f) of subsection (1), "community" includes any body or group of persons having a common tribal or racial origin.[No. 48 of 1938 as amended by No. 2 of 1955; No. 53 of 1957; No. 34 of 1960; No. 20 of 1964; No. 6 of 1965 and No. 36 of 1969]

61. Persons deemed to have published a seditious publication

(1)In any prosecution for publishing a seditious publication where it is proved that the publication has been published, the following persons shall be deemed to have published such publication:

(a)in the case of a publication of a society, the office-bearers of the society;

(b)any person referred to in the publication as being the editor, assistant editor or author of such publication;

(c)any person who is proved to be the editor of such publication;

(d)any person who is proved to have published such publication.

(2)Notwithstanding the provisions of subsection (1), where any person mentioned in paragraph (a), (b) or (c) of the said subsection is prosecuted for publishing a seditious publication, it shall be a sufficient defence if he proves to the satisfaction of the court that the seditious publication was published without his consent and that the publication of the seditious publication did not arise from want of due care or caution on his part.

(3)A publication shall be treated as being the publication of a society if—

(a)it professes by name or otherwise to be a publication of or under the sponsorship of the society;

(b)it is published or disseminated by or under the direction or guidance of the society or by any person as an office-bearer of the society.

(4)In any prosecution for publishing a seditious publication, publication by or under the sponsorship of any branch, party or organ of a society shall be deemed to be a publication by the main society and by any headquarters branch of such society.

(5)For the purposes of this section, "office-bearer" and "society" shall have the meaning assigned to them in the Societies Act.[Cap. 119][No. 18 of 1962

62. Interpretation

For the purposes of sections fifty-three to sixty-one both inclusive—"competent authority" means the person appointed as such by the President;"import" includes—(a)to bring into Zambia; and(b)to bring within the inland waters of Zambia, whether or not the publication is brought ashore, and whether or not there is an intention to bring the same ashore;"periodical publication" includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular;"prohibited publication" means any publication in respect of which an order has been made under the provisions of section fifty-three;"public interest" means the interest of defence, public safety, public order, public morality or public health;"publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, or gramophone record, or other similar means of reproducing speech, and every copy and reproduction of any publication;"seditious publication" means a publication containing any word, sign or visible presentation expressive of a seditious intention; and"seditious words" means words having a seditious intention.[No. 48 of 1938 as amended by No. 9 of 1954; No. 18 of 1962; G.N. No. 303 of 1964 and No. 6 of 1965]

63. Unlawful oaths to commit capital offences

Any person who—

(a)administers, or is present at and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable with death; or

(b)takes any such oath or engagement, not being compelled to do so;

is guilty of a felony and is liable to imprisonment for life.

64. Other unlawful oaths to commit offences

Any person who—

(a)administers, or is present at and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to act in any of the ways following, that is to say:

(i)to engage in any mutinous or seditious enterprise;

(ii)to commit any offence not punishable with death;

(iii)to disturb the public peace;

(iv)to be of any association, society or confederacy, formed for the purpose of doing any such act as aforesaid;

(v)to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose;

(vi)not to inform or give evidence against any associate, confederate or other person;

(vii)not to reveal or discovery any unlawful association, society or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of any such oath or engagement; or

(b)takes any such oath or engagement, not being compelled to do so;

is guilty of a felony and is liable to imprisonment for seven years.

65. Compulsion: How far a defence

A person who takes any such oath or engagement as is mentioned in the two last preceding sections cannot set up as a defence that he was compelled to do so, unless within fourteen days after taking it, or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before a magistrate, or, if he is on actual service in the Defence Force or in the Zambia Police Force, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.

66. Unlawful drilling

(1)Any person who—

(a)without the permission of the President, trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions; or

(b)is present at any meeting or assembly of persons, held without the permission of the President, for the purpose of training or drilling any other persons to the use of arms or the practice of military exercises, movements, or evolutions;

is guilty of a felony and is liable to imprisonment for seven years.

(2)Any person who, at any meeting or assembly held without the permission of the President, is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour.[As amended by G.N. No. 303 of 1964 and S.I. No. 63 of 1964]

67. Publication of false news with intent to cause fear and alarm to the public

(1)Any person who publishes, whether orally or in writing or otherwise, any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that such statement, rumour or report is false, is guilty of a misdemeanour and is liable to imprisonment for three years.

(2)It shall be no defence to a charge under subsection (1) that he did not know or did not have reason to believe that the statement, rumour or report was false, unless he proves that, prior to publication, he took reasonable measures to verify the accuracy of such statement, rumour or report.[No. 48 of 1938 as amended by No. 7 of 1958]

68. Insulting the national anthem

Any person who does any act or utters any words or publishes any writing, with intent to insult or bring into contempt or ridicule the official national anthem of Zambia, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding two years.[No. 6 of 1965]

69. Defamation of President

Any person who, with intent to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, print, word of mouth or in any other manner, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years.[No. 6 of 1965]

70. Expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of origin or colour

(1)Any person who utters any words or publishes any writing expressing or showing hatred, ridicule or contempt for any person or group of persons wholly or mainly because of his or their race, tribe, place of origin or colour is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding two years.

(2)A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions.[No. 6 of 1965]

Chapter VIII
Offences affecting relations with foreign states and external tranquility

71. Defamation of foreign princes

Any person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to degrade, revile or expose to hatred or contempt any foreign prince, potentate, ambassador or other foreign dignitary with intent to disturb peace and friendship between Zambia and the country to which such prince, potentate, ambassador or dignitary belongs, is guilty of a misdemeanour.[As amended by S.I. No. 63 of 1964]

72. Foreign enlistment

Any person commits a misdemeanour who does any of the following acts without the authority of the President, that is to say:

(a)who prepares or fits out any naval or military expedition to proceed against the dominions of any friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in such expedition; or

(b)who, being a Zambian subject, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state, or, whether a Zambian subject or not, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any foreign state as aforesaid; or

(c)who, being a Zambian subject, quits or goes on board any vessel with a view of quitting Zambia, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or, whehter a Zambian subject or not, induces any other person to quit or to go on board any vessel with a view of quitting Zambia with the like intent; or

(d)who, being the master or owner of any vessel, knowingly either takes on board, or engages to take on board, or has on board such vessel any illegally enlisted person; or

(e)who, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state builds, agrees to build, causes to be built, equips, despatches, or causes or allows to be despatched, any vessel, or issues or delivers any commission for any vessel:

Provided that a person building, causing to be built or equipping a vessel in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, is not liable to any of the penalties specified in this section in respect of such building or equipping if—

(i)upon a proclamation of neutrality being issued by the President, he forthwith gives notice to the President or the Minister responsible for foreign affairs that he is so building, causing to be built, or equipping such vessel, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the President or the Minister responsible for foreign affairs; and

(ii)he gives such security, and takes and permits to be taken such other measures, if any, as the President or the Minister responsible for foreign affairs may prescribe for ensuring that such vessel shall not be despatched, delivered, or removed without the licence of the President until the termination of such war as aforesaid.[As amended by S.I. No. 63 of 1964]

73. Piracy

Any person who is guilty of piracy or any crime connected with or relating or akin to piracy is liable to be tried and punished according to the law of England for the time being in force.

Chapter IX
Unlawful assemblies, riots and other offences against public tranquility

74. Definition of unlawful assembly

(1)When three or more persons assemble with intent to commit an offence, or being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighbourhood reasonably to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace, they are an unlawful assembly. It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid.

(2)Definition of riotWhen an unlawful assembly has begun to execute a common purpose by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled.[As amended by No. 20 of 1964]

75. Punishment of unlawful assembly

Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for five years.[As amended by No. 26 of 1961]

76. Punishment of riot

Any person who takes part in a riot is guilty of a misdemeanour and is liable to imprisonment for seven years.[As amended by No. 26 of 1961]

77. Making proclamation for rioters to disperse

Any magistrate, or any police officer of or above the rank of Inspector, or any commissioned officer in the Defence Force, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation in the President's name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.[As amended by No. 1 of 1956 and S.I. No. 63 of 1964]

78. Dispersion of rioters after proclamation made

If upon the expiration of a reasonable time after such proclamation is made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make proclamation, or any police officer, or any other person acting in aid of such person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.

79. Rioting after proclamation

If proclamation is made, commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of such proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for ten years.[As amended by No. 26 of 1961]

80. Preventing or obstructing the making of proclamation

Any person who forcibly prevents or obstructs the making of such proclamation as is in section seventy-seven mentioned, is guilty of a felony and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for ten years.[As amended by No. 26 of 1961]

81. Rioters demolishing buildings, etc.

Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy any building, railway, machinery or structures are guilty of a felony and each of them is liable to imprisonment for life.

82. Rioters injuring buildings, etc.

Any persons who, being riotously assembled together, unlawfully damage any of the things in the last preceding section mentioned, are guilty of a felony and each of them is liable to imprisonment for seven years.

83. Riotously interferring with railway, vehicle, etc.

All persons are guilty of a misdemeanour who, being riotously assembled, unlawfully and with force prevent, hinder or obstruct the loading or unloading of any railway, motor or other vehicle or vessel, or the starting or transit of any railway, motor or other vehicle, or the sailing or navigating of any vessel, or unlawfully and with force board any railway, motor or other vehicle or any vessel with intent so to do.

84. Going armed in public

Any person who goes armed in public, without lawful occasion, in such a manner as to cause terror to any person is guilty of a misdemeanour and his arms may be forfeited.

85. Possession of offensive weapons or materials

(1)Any person who, without lawful authority or excuse, the proof whereof shall lie upon him, has in his possession or in or upon any premises occupied by him any offensive weapon or any offensive material is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding seven years.

(2)A police officer may arrest without warrant any person whom he has reasonable cause to believe to be committing an offence under this section.

(3)A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions.

(4)In this section—"offensive material" means any substance, material or article made or adapted for use for causing or threatening injury to the person or property, or intended by the person in question for such use, and includes—

(a)any explosive as defined in the Explosives Act;[Cap. 115]

(b)any ammunition as defined in the Firearms Act;[Cap. 110]

(c)any inflammable liquid or substance, and any acid or gas.

[No. 36 of 1969]

86. Forcible entry

(1)Any person who, in order to take possession thereof, enters on any land or tenements in a violent manner, whether such violence consists in actual force applied to any other person or in threats or in breaking open any house or in collecting an unusual number of people, is guilty of the misdemeanour termed "forcible entry".

(2)It is immaterial whether he is entitled to enter on the land or not, provided that a person who enters upon lands or tenements of his own, but which are in the custody of his servant or bailiff, does not commit the offence of forcible entry.

87. Forcible detainer

Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land, is guilty of the misdemeanour termed "forcible detainer".

88. Affray

Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding seven hundred and fifty penalty units.[As amended by Act No. 13 of 1994]

89. Challenge to fight a duel

Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour.

90. Threatening violence

Any person who—

(a)threatens another with any injury to his person or property with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as a means of avoiding the execution of such threat; or

(b)discharges loaded firearms or commits any breach of the peace with intent to alarm any person;

is guilty of a misdemeanour and is liable to imprisonment for five years.[No. 28 of 1937 as amended by No. 26 of 1961]

91. ¹Proposing violence or breaches of the law to assemblies

¹On the expiry of Act No. 70 of 1953, the text of this section set out in Act No. 22 of 1953 will be substituted.

(1)Any person who, without lawful excuse, to any assembly makes any statement indicating or implying that it would be incumbent or desirable—

(a)to do any acts calculated to bring death or physical injury to any person or to any class or community of persons; or

(b)to do any acts calculated to lead to destruction or damage to any property; or

(c)to commit an offence against any law in force in Zambia or in any part thereof;

is guilty of an offence and is liable to imprisonment for seven years:Provided that a statement which expresses mere disapproval of a law shall, to that extent only, be held not to be a statement which indicates or implies that it would be incumbent or desirable to commit an offence against such law.

(2)A person shall not be prosecuted for an offence under paragraph (c) of subsection (1) without the written consent of the Director of Public Prosecutions.

(3)For the purposes of this section, an assembly means a gathering of three or more persons.[No. 70 of 1953 as amended by No. 26 of 1961 and S.I. No. 63 of 1964]

92. Wrongfully inducing a boycott

(1)Whenever the President is satisfied that any boycott is being conducted or is threatened or likely to be conducted in Zambia with the intention or effect of—

(a)bringing into hatred or contempt, exciting disaffection against or undermining the lawful authority of the Government, or a local authority, or of persuading any such body to alter any law or rule, to appoint or dissolve any commission or committee or to take any action which it is not by law required to take;

(b)endangering law and order in the Republic;

(c)bringing the economic life of the Republic into jeopardy; or

(d)raising discontent or disaffection among the inhabitants of Zambia or engendering feelings of ill will or hostility between different classes or different races of the population of Zambia;

he may, by statutory notice, designate such boycott for the purposes of this section and may, by the same or in a subsequent such notice, specify in relation to a designated boycott any action which he is satisfied is likely to further that boycott, including (but without prejudice to the generality of the foregoing power) any action falling within any of the following classes of action, that is to say:

(i)abstaining from buying goods from or selling goods to any person or class of persons; or

(ii)abstaining from buying or selling any goods or class of goods; or

(iii)abstaining from entering or approaching or dealing at any premises at which any person or class of person carries on trade or business; or

(iv)abstaining from dealing with any person or class of person in the course of his trade or business or abstaining from using or providing any service or class of service; or

(v)abstaining from working for or employing any person or class of person; or

(vi)abstaining from letting, hiring or allowing the use of any land or building to any person or class of person; or

(vii)abstaining from doing any other act which may lawfully be done.

(2)Any person who, with intent to further any designated boycott—

(a)by word of mouth; or

(b)by making a publication as defined in subsection (6);

advises, induces or persuades or attempts to advise, induce or persuade any person or class of person to take any action which has been specified in relation to such boycott under the provisions of subsection (1), is guilty of an offence and is liable to imprisonment for a period not exceeding six months.

(3)For the purposes of this section, in determining whether any words were spoken or any publication was made with intent to further a designated boycott, every person shall, unless the contrary be proved, be deemed to intend the consequences which would naturally follow from his conduct at the time and the circumstances in which he so conducts himself.

(4)Nothing in this section shall be construed so as to make unlawful any action lawfully taken by a party to a trade dispute as defined in the Industrial and Labour Relations Act, in contemplation or in furtherance of such dispute.[Cap. 269]

(5)Where any person is charged before any court with an offence under this section, no further proceedings in respect thereof shall be taken against him without the consent of the Director of Public Prosecutions, except such as the court may think necessary by remanding (whether in custody or on bail) or otherwise to secure the due appearance of the person charged, so however, that if such person is remanded in custody, he shall, after the expiration of a period of fourteen days from the date on which he was so remanded, be entitled to be discharged from custody on entering a recognizance without sureties, unless within such period the Director of Public Prosecutions has consented to such further proceedings as aforesaid.

(6)For the purposes of this section, "publication" has the meaning given to it by section sixty-two, and a person is said to make a publication if he prints, publishes, sells, distributes or reproduces such publication.

(7)For the purposes of this section, "boycott" means the withholding by a combination of persons of all relations or any particular relations from any person or class of persons.[No. 29 of 1959 as amended by G.N. No. 268 of 1964; S.I. No. 63 of 1964 and No. 69 of 1965]

93. Assembling for the purpose of smuggling

Any persons who assemble together, to the number of two or more, for the purpose of unshipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any written law relating to customs, are guilty of a misdemeanour and each of them is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units.[As amended by Act No. 13 of 1994]

Division II - Offences against the administration of lawful authority

Chapter X
Offences against the administration of lawful authority

94. ***

[repealed by Act 14 of 1980]

95. ***

[repealed by Act 14 of 1980]

96. ***

[repealed by Act 14 of 1980]

97. Officers charged with administration of property of a special character of with special duties

Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour and is liable to imprisonment for one year.

98. False claims by officials

Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of a misdemeanour.

99. Abuse of authority of office

(1)Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights or interests of the Government or any other person, is guilty of a misdemeanour. If the act is done or directed to be done for purposes of gain, he is guilty of a felony and is liable to imprisonment for three years.

(2)A prosecution for any offence under this or either of the two last preceding sections shall not be instituted except by or with the sanction of the Director of Public Prosecutions.[As amended by S.I. No. 63 of 1964 and Act No 29 of 1976]

100. False certificates by public officers

Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular, is guilty of a misdemeanour.

101. False assumption of authority

Any person who—

(a)not being a judicial officer, assumes to act as a judicial officer; or

(b)without authority, assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorised by law to do so; or

(c)represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised;

is guilty of a misdemeanour.

102. Personating public officers

Any person who—

(a)personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or

(b)falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment;

is guilty of a misdemeanour and is liable to imprisonment for three years.

103. Threat of injury to persons employed in public service

Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person to be interested, for the purpose of inducing that person to do any act, or to forbear or delay to do any act connected with the exercise of the public functions of such person, is guilty of a misdemeanour.[No. 26 of 1940]

103A. Definition

In this chapter, "public service" means service of the Government or a local authority, or of a statutory board or body including an institution of higher learning, corporation or company in which the Government has majority interest or control.[As amended by Act No. 29 of 1976]

Chapter XI
Offences relating to the administration of justice

104. Perjury

(1)Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then pending in that proceeding or intended to be raised in that proceeding, is guilty of the misdemeanour termed "perjury".

(2)It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.

(3)The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assent to the forms and ceremonies actually used.

(4)It is immaterial whether the false testimony is given orally or in writing.

(5)It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

(6)It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

(7)Subornation of perjuryAny person who aids, abets, counsels, procures, or suborns another person to commit perjury is guilty of the misdemeanour termed "subornation of perjury".

104A. Conflicting statements on oath

(1)Where a witness in any judicial proceeding, other than a person accused of an offence in a criminal proceeding, makes a statement on oath or affirmation on some fact relevant in the proceeding contradicting a material detail in a previous statement made on oath or affirmation by the same witness before any court or tribunal and, the court or tribunal is satisfied that either of the statements whether false or not was made with intent to deceive, shall be guilty of an offence and liable to imprisonment for two years.

(2)At the trial of any person for an offence under this section, the record of a court or tribunal containing any statement made on oath or affirmation by the person charged shall be prima facie evidence of such statement.

(3)A person shall be liable to be convicted of an offence under this section notwithstanding that any statement made by him before a court or tribunal was made in reply to a question which he was bound by law to answer, any such statement shall be admissible in any proceeding under this section.[As amended by Act 3 of 1990]

105. False statements by interpreters

Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, is guilty of the misdemeanour termed "perjury".[No. 26 of 1940]

106. Punishment of perjury and subordination of perjury

Any person who commits perjury or suborns perjury is liable to imprisonment for seven years.

107. Evidence on charge of perjury

A person cannot be convicted of committing perjury or of subordination of perjury solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

108. Fabricating evidence

Any person who, with intent to mislead any tribunal in any judicial proceeding—

(a)fabricates evidence by any means other than perjury or subordination of perjury; or

(b)knowingly makes use of such fabricated evidence;

is guilty of a misdemeanour and is liable to imprisonment for seven years.

109. False swearing

Any person who swears falsely or makes a false affirmation or declaration before any person authorised to administer an oath or take a declaration upon a matter of public concern under such circumstances that the false swearing or declaration if committed in a judicial proceeding would have amounted to perjury, is guilty of a misdemeanour.

110. Deceiving witnesses

Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour.

111. Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour.[As amended by No. 26 of 1940]

112. Conspiracy to defeat justice and interference with witnesses

(1)Any person commits a felony who—

(a)conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or

(b)in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or

(c)obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal.

(2)Any person guilty of a felony under sub-section (1) is liable to imprisonment for seven years.[As amended by Act No. 29 of 1976]

113. Compounding felonies

Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue, or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of a misdemeanour.

114. Compounding penal actions

Any person who, having brought, or under pretence of bringing, an action against another person upon a Penal Act or Statute in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour.

115. Advertisements for stolen property

Any person who—

(a)publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested; or

(b)publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced or any other sum of money or reward for the return of such property; or

(c)prints or publishes any such offer;

is guilty of a misdemeanour.

116. Contempt of court

(1)Any person who—

(a)within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or

(b)having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or

(c)causes an obstruction or disturbance in the course of a judicial proceeding; or

(d)while a judicial proceeding is pending, makes use of any speech or writing, misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or

(e)publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or

(f)attempts wrongfully to interfere with or influence a witness in a judicial proceeding either before or after he has given evidence, in connection with such evidence; or

(g)dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or

(h)retakes possession of land from any person who has recently obtained possession by a writ of court; or

(i)commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken;

is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding seven hundred and fifty penalty units.

(2)When any offence against paragraph (a), (b), (c), (d) or (i) of subsection (1) is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine not exceeding six hundred penalty units or, in default of payment, to imprisonment without hard labour for one month.

(3)The provisions of this section shall be deemed to be in addition to and not in derogation from the power of a court to punish for contempt of court.[As amended by No. 26 of 1940 and Act No. 13 of 1994]

117. Prohibition on taking photographs, etc., in court

(1)No person shall—

(a)take or attempt to take in any court any photograph, or, with a view to publication, make or attempt to make in any court any portrait or sketch, of any person, being a Judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or

(b)publish any photograph, portrait or sketch taken or made in contravention of the provisions of this subsection or any reproduction thereof;

and if any person acts in contravention of this subsection, he shall be liable to a fine not exceeding one thousand five hundred penalty units in respect of each offence;Provided that this section shall not apply to photographs being taken on any occasion with the consent of the Chief Justice, or where the occasion is the opening of any session of the High Court, with the consent of the Judge holding that session.

(2)For the purposes of this section—

(a)"court" means the High Court, any subordinate court, juvenile court, court of a coroner or a local court as defined in the Local Courts Act;[Cap. 29]

(b)"Judge" includes registrar, magistrate, coroner and officer of such local court;

(c)a photograph, portrait or sketch shall be deemed to be a photograph, portrait or sketch taken or made in court if it is taken or made in the court-room or in the building or in the precincts of the building in which the court is held, or if it is a photograph, portrait or sketch taken or made of the person while he is entering or leaving the court-room or any such building or precincts as aforesaid.

[As amended by No. 53 of 1957; Act No. 3 of 1990 and No. 13 of 1994]

Chapter XII
Rescues, escapes and obstructing officers of court of law

118. Rescue

(1)Any person who by force rescues or attempts to rescue from lawful custody any other person—

(a)is, if such last-named person is under sentence of death or imprisonment for life or charged with an offence punishable with death or imprisonment for life, guilty of a felony and is liable to imprisonment for life; and

(b)is, if such other person is imprisoned on a charge or under sentence for any offence other than those specified above, guilty of a felony and is liable to imprisonment for seven years; and

(c)is, in any other case, guilty of a misdemeanour.

(2)If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in custody.

119. Escape from lawful custody

Any person who, being in lawful custody, escapes from such custody, is guilty of a misdemeanour.

120. Aiding prisoners to escape

Any person who—

(a)aids a prisoner in escaping or attempting to escape from lawful custody; or

(b)conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner;

is guilty of a felony and is liable to imprisonment for seven years.

121. Removal etc., of property under lawful seizure

Any person who, when any property has been attached or taken under the process of authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of such property, is guilty of a felony and is liable to imprisonment for three years.

122. Obstructing court officers

Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court, is guilty of a misdemeanour and is liable to imprisonment for one year.

Chapter XIII
Miscellaneous offences against public authority

123. Frauds and breaches of trust by public officers

Any person employed in the public service who, in the discharge of the duties of his office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person, is guilty of a misdemeanour.

124. ***

[repealed by Act No. 7 of 1990]

125. False information to public officer

Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause or knowing it to be likely that he will thereby cause such person—

(a)to do or omit anything which such person ought not to do or omit if the true state of facts respecting which such information is given were known to him; or

(b)to use the lawful power of such person to the injury or annoyance of any person;

is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine of one thousand and five hundred penalty units or to both.[As amended by No. 26 of 1933 and Act No. 13 of 1994]

126. Disobedience of statutory duty

Everyone who wilfully disobeys any Statute or Act by doing any act which it forbids, or by omitting to do any act which it requires to be done, and which concerns the public or any part of the public, is guilty of a misdemeanour and is liable, unless it appears from the Statute or Act that it was the intention of Parliament to provide some other penalty for such disobedience, to imprisonment for two years.

127. Disobedience of lawful orders

Everyone who disobeys any order, warrant or command duly made, issued or given by any court, officer or person acting in any public capacity and duly authorised in that behalf, is guilty of a misdemeanour and is liable, unless any other penalty or mode of proceeding is expressly prescribed in respect of such disobedience, to imprisonment for two years.

Division III - Offences injurious to the public in general

Chapter XIV
Offences relating to religion

128. Insult to religion of any class

Any person who destroys, damages or defiles any place of worship or any object which is held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, is guilty of a misdemeanour.

129. Disturbing religious assemblies

Any person who voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremony, is guilty of a misdemeanour.

130. Trespassing on burial places

Every person who, with the intention of wounding the feelings of any person or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of sepulture or in any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the purpose of funeral ceremonies, is guilty of a misdemeanour.

131. Uttering words with the intent to wound religious feelings

Any person who, with the deliberate intention of wounding the religious feelings of any person, utters any word, or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person, is guilty of a misdemeanour and is liable to imprisonment for one year.

Chapter XV
Offences against morality

132. Definition of rape

Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false representations as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of the felony termed "rape".

133. Punishment of rape

Any person who commits the offence of rape is liable to imprisonment for life.[As amended by No. 26 of 1933 and No. 20 of 1964]

134. Attempted rape

Any person who attempts to commit rape is guilty of a felony and is liable to imprisonment for life.[As amended by No. 26 of 1933]

135. Abduction

Any person who with intent to marry or carnally know a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony and is liable to imprisonment for seven years.

136. Abduction of girls under sixteen

Any person who unlawfully takes an unmarried girl under the age of sixteen years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour.

137. Indecent assaults on females

(1)Any person who unlawfully and indecently assaults any woman or girl is guilty of a felony and is liable to imprisonment for fourteen years.

(2)It shall be no defence to a charge for an indecent assault on a girl under the age of twelve years to prove that she consented to the act of indecency:Provided that it shall be a sufficient defence to any charge under this subsection if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe, and did in fact believe, that the girl was of or above the age of twelve years.

(3)Indecently insulting or annoying femalesAny person who is found in any building or dwelling-house or in any verandah or passage attached thereto or in any yard, garden or other land adjacent to or within the curtilage of such building or dwelling-house not being a public place—

(a)for the purpose of and from motives of indecent curiosity gazing at or observing any woman or girl who may be therein while in a state of undress or semi-undress; or

(b)with intent to annoy or indecently to insult any woman or girl who may be therein;

is guilty of a misdemeanour and is liable to imprisonment for one year.[As amended by No. 26 of 1933]

138. Defilement of girls under sixteen

(1)Any person who unlawfully and carnally knows any girl under the age of sixteen years is guilty of a felony and is liable to imprisonment for life.

(2)AttemptAny person who attempts to have unlawful carnal knowledge of any girl under the age of sixteen years is guilty of a felony and is liable to imprisonment for fourteen years:Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe, and did in fact believe, that the girl was of or above the age of sixteen years.[As amended by No. 26 of 1933 and No. 25 of 1941]

139. Defilement of idiots or imbeciles

Any person who, knowing a woman or girl to be an idiot or imbecile, has or attempts to have unlawful carnal knowledge of her in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the woman or girl was an idiot or imbecile, is guilty of a felony and is liable to imprisonment for fourteen years.[As amended by No. 26 of 1933]

140. Procuration

Any person who—

(a)procures or attempts to procure any girl or woman under the age of twenty-one years to have unlawful carnal connection, either in Zambia or elsewhere, with any person or persons; or

(b)procures or attempts to procure any woman or girl to become, either in Zambia or elsewhere, a common prostitute; or

(c)procures or attempts to procure any woman or girl to leave Zambia, with intent that she may become an inmate of or frequent a brothel elsewhere; or

(d)procures or attempts to procure any woman or girl to leave her usual place of abode in Zambia with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Zambia or elsewhere;

is guilty of a misdemeanour:Provided that no person shall be convicted of any offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.[As amended by No. 26 of 1933 and No. 9 of 1954]

141. Procuring defilement of women by threats or fraud or administering drugs

Any person who—

(a)by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either in Zambia or elsewhere; or

(b)by false pretences or false representations procures any woman or girl to have any unlawful carnal connection, either in Zambia or elsewhere; or

(c)applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl;

is guilty of a misdemeanour:Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.[As amended by No. 9 of 1954]

142. House-holder, etc., permitting defilement of girl under twelve on his premises

Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any girl under the age of twelve years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, is guilty of a felony and is liable to imprisonment for five years:Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe, and did in fact believe, that the girl was of or above the age of twelve years.

143. Householder, etc., permitting defilement of girl under sixteen on his premises

Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any girl above the age of twelve years and under the age of sixteen years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, is guilty of a misdemeanour:Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court before whom the charge shall be brought that the person so charged had reasonable cause to believe, and did in fact believe, that the girl was of or above the age of sixteen years.

144. Detention with intent or in brothel

(1)Any person who detains any woman or girl against her will—

(a)in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or generally; or

(b)in any brothel;

is guilty of a misdemeanour.

(2)Constructive detention by withholding clothesWhen a woman or girl is in or upon any premises for the purposes of having any unlawful carnal connection or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the directions of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

(3)No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.

145. Power of search

(1)If it appears to any magistrate, on information made before him on oath by any parent, relative or guardian of any woman or girl or other person who, in the opinion of the magistrate, is acting bona fide in the interests of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such magistrate, such magistrate may issue a warrant authorising the person named therein to search for, and, when found, to take to and detain in a place of safety such woman or girl until she can be brought before a magistrate; and the magistrate before whom such woman or girl is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.

(2)A magistrate issuing a warrant under this section may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a magistrate and proceedings to be taken for punishing such person according to law.

(3)A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of being unlawfully and carnally known by any man, whether any particular man or generally; and—

(a)either is under the age of sixteen years; or

(b)if she is of or over the age of sixteen years and under the age of eighteen years, is so detained against her will or against the will of her father or mother or of any person having the lawful care or charge of her; or

(c)if she is of or over the age of eighteen years and is so detained against her will.

(4)Any person authorised by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be by force) any house, building, or other place mentioned in the warrant, and may remove such woman therefrom.[As amended by S.I. No. 63 of 1964]

146. Male person living on earnings of prostitution or persistently soliciting

(1)Every male person who—

(a)knowingly lives wholly or in part on the earnings of prostitution; or

(b)in any public place persistently solicits or importunes for immoral purposes;

is guilty of a misdemeanour.

(2)Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person, or generally, he shall, unless he shall satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution.[As amended by No. 26 of 1933]

147. Woman living on, aiding, etc., for gain prostitution of another woman

Every woman who knowingly lives wholly or in part on the earnings of the prostitution of another or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of a misdemeanour.

148. Power of search

If it is made to appear to a magistrate, by information on oath, that there is reason to suspect that any house or any part of a house is used by a woman or girl for purposes of prostitution, and that any person residing in or frequenting the house is knowingly living wholly or in part on the earnings of the prostitute, or is exercising control, direction or influence over the movements of the prostitute, the magistrate may issue a warrant authorising any police officer to enter and search the house and to arrest such person.

149. Brothels

Any person who keeps a house, room, set of rooms, or place of any kind whatsoever for purposes of prostitution is guilty of a misdemeanour.

150. Conspiracy to defile

Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her, is guilty of a felony and is liable to imprisonment for three years.[As amended by No. 26 of 1933]

151. Attempts to procure abortion

Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

152. Abortion by woman with child

Every woman being with child who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used, is guilty of a felony and is liable to imprisonment for seven years.

153. Supplying drugs or instruments to procure abortion

Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony and is liable to imprisonment for three years.

154. Knowledge of age of female immaterial

Except as otherwise expressly stated, it is immaterial in the case of any of the offences committed with respect to a woman or girl under a specified age, that the accused person did not know that the woman or girl was under that age, or believed that she was not under that age.

155. Unnatural offences

Any person who—

(a)as carnal knowledge of any person against the order of nature; or

(b)has carnal knowledge of an animal; or

(c)permits a male person to have carnal knowledge of him or her against the order of nature;

is guilty of a felony and is liable to imprisonment for fourteen years.[As amended by No. 26 of 1933]

156. Attempt to commit unnatural offences

Any person who attempts to commit any of the offences specified in the last preceding section is guilty of a felony and is liable to imprisonment for seven years.[As amended by No. 26 of 1933]

157. Indecent assault of boys under fourteen

Any person who unlawfully and indecently assaults a boy under the age of fourteen years is guilty of a felony and is liable to imprisonment for seven years.[As amended by No. 26 of 1933]

158. Indecent practices between males

Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.[As amended by No. 26 of 1933]

159. Incest by males

(1)Any male person who has carnal knowledge of a female person, who is to his knowledge his grand-daughter, daughter, sister, or mother, is guilty of a felony and is liable to imprisonment for five years:Provided that if it is alleged in the information or charge and proved that the female person is under the age of twelve years, the offender shall be liable to imprisonment for life.

(2)Consent immaterialIt is immaterial that the carnal knowledge was had with the consent of the female person.

(3)AttemptIf any male person attempts to commit any such offence as aforesaid he is guilty of a misdemeanour.

160. Order for guardianship

On the conviction before any court of any male person of an offence under section one hundred and fifty-nine, or of an attempt to commit the same, against any female under the age of twenty-one years, it shall be in the power of the court to divest the offender of all authority over such female, and, if the offender is the guardian of such female, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such female during her minority or any less period:Provided that the High Court may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect.

161. Incest by females

Any female person of or above the age of sixteen years who with consent permits her grandfather, father, brother, or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother, or son, as the case may be) is guilty of a felony and is liable to imprisonment for five years.

162. Test of relationship

In sections one hundred and fifty-nine and one hundred and sixty-one, "brother" and "sister", respectively, include half-brother and half-sister, and the provisions of the said sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

163. Conviction of incest lawful on charge of rape

(1)If, on the trial of any information for or charge of rape, the court is satisfied that the defendant is guilty of an offence under section one hundred and fifty-nine, but is not satisfied that the defendant is guilty of rape, the court may acquit the defendant of rape and find him guilty of an offence under section one hundred and fifty-nine, and he shall be liable to be punished accordingly.

(2)Conviction of unlawful carnal knowledge on charge of incestIf, on the trial of any information for or charge of an offence under section one hundred and fifty-nine, the court is satisfied that the defendant is guilty of an offence under section one hundred and thirty-eight or one hundred and thirty-nine, but is not satisfied that the defendant is guilty of an offence under section one hundred and fifty-nine, the court may acquit the defendant of an offence under section one hundred and fifty-nine and find him guilty of an offence under section one hundred and thirty-eight or one hundred and thirty-nine, and he shall be liable to be punished accordingly.

164. Sanction of Director of Public Prosecutions

No prosecution for an offence under section one hundred and fifty-nine or one hundred and sixty-one shall be commenced without the sanction of the Director of Public Prosecutions.[As amended by S.I. No. 152 of 1965]

Chapter XVI
Offences relating to marriage and domestic obligations

165. Fraudulent pretence of marriage

Any person who wilfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, is guilty of a felony and is liable to imprisonment for ten years.

166. Bigamy

Any person who, having a husband or wife living, goes through a ceremony of marriage which is void by reason of its taking place during the life of such husband or wife, is guilty of a felony and is liable to imprisonment for five years:Provided that this section shall not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time.

167. Marriage ceremony fraudulently gone through without lawful marriage

Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony and is liable to imprisonment for five years.

168. Desertion of children

Any person who, being the parent, guardian or other person having the lawful care or charge of a child under the age of sixteen years, and being able to maintain such child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of a misdemeanour.[As amended by No. 20 of 1953]

169. Neglecting to provide food, etc., for children

Any person who, being the parent or guardian or other person having the lawful care or charge of any child of tender years and unable to provide for itself, refuses or neglects to provide (being able to do so) sufficient food, clothes, bedding and other necessaries for such child, so as thereby to injure the health of such child, is guilty of a misdemeanour.

170. Master not providing for servants or apprentices

Any person who, being legally liable either as master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to such apprentice or servant so that the life of such apprentice or servant is endangered or that his health has been or is likely to be permanently injured, is guilty of a misdemeanour.

171. Child stealing

(1)Any person who, with intent to deprive any parent, guardian or other person who has the lawful care or charge of a child under the age of sixteen years, of the possession of such child—

(a)forcibly or fraudulently takes or entices away, or detains the child; or

(b)receives or harbours the child, knowing it to have been so taken or enticed away or detained;

is guilty of a felony and is liable to imprisonment for fourteen years.

(2)It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be its father.[As amended by No. 20 of 1953 and Act No. 14 of 1981]

Chapter XVII
Nuisances and offences against health and convenience

172. Common nuisance

(1)Any person who does an act not authorised by law or omits to discharge a legal duty and thereby causes any common injury, or danger or annoyance, or obstructs or causes inconvenience to the public in the exercise of common rights, commits the misdemeanour termed a "common nuisance" and is liable to imprisonment for one year.

(2)It is immaterial that the act or omission complained of is convenient to a larger number of the public than it inconveniences, but the fact that it facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.

173. Watching and besetting

(1)Every person who, with a view to compelling any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority—

(a)uses violence to or intimidates such other person or members of his household, or injures his property; or

(b)persistently follows such other person about from place to place; or

(c)hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof; or

(d)follows such other person in a disorderly manner; is guilty of an offence.

(2)Every person who, wrongfully and without legal authority, watches or besets—

(a)any premises or the approaches to such premises with a view to preventing any other person from doing any act which such other person has a legal right to do thereat; or

(b)the house or other place where any other person resides or works or carries on business, or happens to be, or the approaches to such house or place with a view to preventing such other person from doing or compelling him to do any act which such other person has a legal right to do or abstain from doing;

is guilty of an offence.

(3)Every person who is guilty of an offence under the provisions of this section is liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both.[No. 60 of 1957 and Act No. 13 of 1994]

174. Gaming houses

(1)Any person being the owner or occupier, or having the use of, any house, room or place, who shall open, keep or use the same for the purpose of unlawful gaming being carried on therein, and any person who, being the owner or occupier of any house, room or place, shall knowingly and wilfully permit the same to be opened, kept or used by any other person for the purpose aforesaid, and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for the purpose aforesaid, is said to keep a common gaming house.

(2)In this section, "unlawful gaming" means any game the chances of which are not alike favourable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet.

(3)Any person who keeps a common gaming house is guilty of a misdemeanour.

(4)Any person, other than the persons mentioned in subsection (1), who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming, and is guilty of a misdemeanour and is liable to a fine of one hundred and fifty penalty units for the first offence, and for each subsequent offence to a fine of six hundred penalty units or imprisonment for three months, or to both.[As amended by Act No. 13 of 1994]

175. Betting houses

(1)Any house, room or place which is used for any of the purposes following, that is to say:

(a)for the purpose of bets being made therein between persons resorting to the place and—

(i)the owner, occupier, or keeper of the place, or any person using the place; or

(ii)any person procured or employed by or acting for or on behalf of any such owner, occupier or keeper, or person using the place; or

(iii)any person having the care or management, or in any manner conducting the business, of the place; or

(b)for the purpose of any money or other property being paid or received therein by or on behalf of any such owner, occupier, or keeper, or person using the place, as, or for the consideration—

(i)for an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise; or

(ii)for securing the paying or giving by some other person of any money or other property on any such event or contingency;

is called a common betting house.

(2)Any person who, being the owner or occupier of any house, room or place, knowingly and wilfully permits it to be opened, kept, or used as a common betting house by another person, or who has the use or management, or assists in conducting the business, of a common betting house, is guilty of a misdemeanour and is liable to imprisonment for one year:Provided that—

(i)nothing herein contained shall make illegal the use of a totalisator by a race club, gymkhana club or sports club recognised by the Government, with the approval in each case of the Commissioner of Police. In this proviso, "totalisator" means and includes the instrument, machine or contrivance, commonly known as the totalisator and any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles;

(ii)nothing in this section shall be deemed to prohibit any lottery lawfully promoted and conducted under the provisions of the Lotteries Act.

[As amended by No. 15 of 1946 and Nos. 8 and 27 of 1957][Cap. 163]

176. Keeper of premises defined

Any person who appears, acts, or behaves as master or mistress, or as the person having the care or management of any such house, room, set of rooms, or place as is mentioned in sections one hundred and seventy-four and one hundred and seventy-five is to be taken to be the keeper thereof, whether he is or is not the real keeper.

177. Obscene matters or things

(1)Any person who—

(a)makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films or any other object tending to corrupt morals; or

(b)imports, conveys or exports, or causes to be imported conveyed or exported, any such matters or things, or in any manner whatsoever puts any of them in circulation; or

(c)carries on or takes part in any business, whether public or private, concerned with any such matters or things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or exhibits any of them publicly, or makes a business of lending any of them; or

(d)advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic in, any such matters or things, that a person is engaged in any of the acts referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured either directly or indirectly; or

(e)publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals;

is guilty of a misdemeanour and is liable to imprisonment for five years or to a fine of not less than fifteen thousand penalty units nor more than seventy-five thousand penalty units.

(2)If, in respect of any of the offences specified in paragraph (a), (b), (c) or (d) of subsection (1), any constituent element thereof is committed in Zambia, such commission shall be sufficient to render the person accused of such offence triable therefor in Zambia.

(3)A court, on convicting any person of an offence against this section, may order to be confiscated or destroyed any matter or thing made, possessed or used for the purpose of such offence.

(4)Any court may, on the application of a public prosecutor, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under the provisions of this section in respect of such obscene matter or thing.

(5)No prosecution for an offence under this section shall be instituted without the written consent of the Director of Public Prosecutions.[No. 61 of 1970 and Act No. 13 of 1994]

178. Idle and disorderly persons

The following persons:

(a)every common prostitute behaving in a disorderly or indecent manner in any public place;

(b)every person wandering or placing himself in any public place to beg or gather alms, or causing or procuring or encouraging any child or children so to do;

(c)every person playing at any game of chance, not being an authorised lottery, for money or money's worth in any public place;

(d)every person wandering abroad and endeavouring by the exposure of wounds or deformity to obtain or gather alms;

(e)every person who, without lawful excuse, publicly does any indecent act;

(f)every person who publicly conducts himself in a manner likely to cause a breach of the peace; and

(g)every person who in any public place solicits for immoral purposes;

are deemed idle and disorderly persons, and are liable to imprisonment for one month or to a fine not exceeding sixty penalty units or to both.[As amended by No. 15 of 1938; No. 26 of 1940; No. 29 of 1948 and Act No. 13 of 1994]

179. Use of insulting language

Every person who uses insulting language or otherwise conducts himself in a manner likely to give such provocation to any person as to cause such person to break the public peace or to commit any offence against the person, is liable to imprisonment for three months or to a fine not exceeding four hundred and fifty penalty units or to both.[No. 15 of 1938 and Act No. 13 of 1994]

180. Nuisances by drunken persons, etc.

(1)Every person found drunk and incapable in any highway or other public place, or on any premises licensed under the Liquor Licensing Act, may be arrested without warrant and is liable to a penalty not exceeding one hundred and fifty penalty units, and on a second conviction within a period of twelve months is liable to a penalty not exceeding three hundred penalty units, and on a third or subsequent conviction within the said period of twelve months is liable to a penalty not exceeding six hundred penalty units.

(2)Every person who, in any highway or other public place or on any premises licensed under the Liquor Licensing Act, is guilty while drunk of riotous or disorderly behaviour or who is drunk while in charge on any highway or railway or other public place of any horse, cattle, steam engine, locomotive, wagon, van, carriage or any other vehicle, other than a motor vehicle, or who is drunk when in possession of any loaded firearms, may be arrested without warrant and is liable to a penalty not exceeding seven hundred and fifty penalty units, or to imprisonment with or without hard labour for a period not exceeding three months.[No. 21 of 1958 and Act No. 13 of 1994][Cap. 167]

181. Rogues and vagabonds

The following persons:

(a)every person convicted of an offence under section one hundred and seventy-eight after having been previously convicted as an idle and disorderly person:

(b)every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence;

(c)every suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself; and

(d)every person found wandering in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose;

shall be deemed to be a rogue and vagabond, and are guilty of a misdemeanour and are liable for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year.

182. Offences relating to official uniform

(1)In this section, unless the context otherwise requires—"official uniform" means any uniform prescribed for or used by the Defence Force, the Zambia Police Force or any other force or service in Zambia, or such department of the Government as the President may, by statutory instrument, prescribe;"uniform" includes any distinctive part of such uniform.

(2)Wearing of official uniform with intent to commit offenceAny person who unlawfully wears any official uniform, or any dress bearing any of the distinctive marks of any such official uniform—

(a)with intent to commit a felony is guilty of an offence and is liable upon conviction to imprisonment for a term not exceeding seven years; or

(b)with intent to commit any offence other than a felony is guilty of an offence and is liable upon conviction to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both.

(3)Unauthorised wearing of official uniformAny person who, without authority, wears an official uniform, or any dress having the appearance or distinctive marks of such official uniform, is guilty of an offence and is liable upon conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding two months, or to both.Provided that nothing in this section shall prevent any person from wearing any official uniform or dress in the course of a stage play performed in any place in which stage plays may lawfully and publicly be performed, or in the course of a music-hall or circus performance, or in the course of any bona fide military representation.

(4)Unauthorised importation, manufacture or sale of official uniform, etc.Any person who, not being in the service of the Republic or having previously received the written permission of the President or other appropriate authority so to do, imports, manufacturers or sells or has in his possession for sale any official uniform is guilty of an offence and is liable upon conviction to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both.

(5)Unauthorised wearing of badges, etc.Any person who wears or uses without authority any badge or insignia of office, decoration, medal or ribbon supplied to or authorised for use by any member of the Defence Force, the Zambia Police Force or any other force or service in Zambia, or of such department of the Government as is prescribed under subsection (1), is guilty of an offence and is liable upon conviction to a fine not exceeding seven hundred and fifty penalty units, or to imprisonment for a term not exceeding two months, or to both.

(6)Bringing contempt on official uniformAny person who unlawfully wears any official uniform, or any dress having the appearance of or bearing any of the distinctive marks of any such official uniform, in such manner or in such circumstances as to be likely to bring contempt on that uniform or dress is guilty of an offence and is liable upon conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding two months, or to both such fine and imprisonment.

(7)Forfeiture of official uniform, etc.Any uniform, dress, button, badge or other thing which is the subject of an offence under this section is liable to forfeiture, unless the President otherwise directs.[As amended by Federal Act No. 23 of 1955; G.N. No. 303 of 1964; S.I. No. 63 of 1964; Act No. 2 of 1987 and No. 13 of 1994]

183. Negligent act likely to spread infection

Any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, is guilty of a misdemeanour.

184. Adulteration of food or drink intended for sale

Any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanour.

185. Sale of noxious food or drink

Any person who sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, is guilty of a misdemeanour.

186. Adulteration of drugs

Any person who adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, is guilty of a misdemeanour.

187. Sale of adulterated drugs

Any person who, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, is guilty of a misdemeanour.

188. Fouling water

Any person who voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour.

189. Fouling air

Any person who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, is guilty of a misdemeanour.

190. Offensive trades

Any person who, for the purposes of trade or otherwise, makes loud noises or offensive or unwholesome smells in such places and circumstances as to annoy any considerable number of persons in the exercise of their common rights, commits and is liable to be punished as for a common nuisance.

Chapter XVIII
Defamation

191. Libel

Any person who, by print, writing, painting, effigy, or by any means otherwise than solely by gestures, spoken words, or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed "libel".

192. Definition of defamatory matter

Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation. It is immaterial whether at the time of the publication of the defamatory matter the person concerning whom such matter is published is living or dead:Provided that no prosecution for the publication of defamatory matter concerning a dead person shall be instituted without the consent of the Director of Public Prosecutions.[As amended by S.I. No. 63 of 1964]

193. Definition of publication

(1)A person publishes a libel if he causes the print, writing, painting, effigy or other means by which the defamatory matter is conveyed, to be dealt with, either by exhibition, reading, recitation, description, delivery, or otherwise, so that the defamatory meaning thereof becomes known or is likely to become known to either the person defamed or any other person.

(2)It is not necessary for libel that a defamatory meaning should be directly or completely expressed; and it suffices if such meaning and its application to the person alleged to be defamed can be collected either from the alleged libel itself or from any extrinsic circumstances, or partly by the one and partly by the other means.

194. Definition of unlawful publication

Any publication of defamatory matter concerning a person is unlawful within the meaning of this Chapter, unless—

(a)the matter is true and it was for the public benefit that it should be published; or

(b)it is privileged on one of the grounds hereafter mentioned in this Chapter.

195. Cases in which publication of defamatory matter is absolutely privileged

(1)The publication of defamatory matter is absolutely privileged, and no person shall, under any circumstances, be liable to punishment under this Code in respect thereof, in any of the following cases, namely:

(a)if the matter is published by the President, or by the Cabinet or the National Assembly in any official document or proceeding; or

(b)if the matter is published in the Cabinet or the National Assembly by a Minister or by any member of the National Assembly; or

(c)if the matter is published concerning a person subject to military or naval discipline for the time being, and relates to his conduct as a person subject to such discipline, and is published by some person having authority over him in respect of such conduct, and to some person having authority over him in respect of such conduct; or

(d)if the matter is published in the course of any judicial proceedings by a person taking part therein as a Judge or magistrate or commissioner or counsel or solicitor or assessor or witness or party thereto; or

(e)if the matter published is in fact a fair report of anything said, done, or published in the Cabinet or the National Assembly; or

(f)if the person publishing the matter is legally bound to publish it.

(2)Where a publication is absolutely privileged, it is immaterial for the purposes of this Chapter whether the matter be true or false, and whether it be or be not known or believed to be false, and whether it be or be not published in good faith:Provided that nothing in this section shall exempt a person from any liability to punishment under any other Chapter of this Code or under any other Act or Statute in force within Zambia.[As amended by No. 26 of 1940 and G.N. No. 303 of 1964]

196. Cases in which publication of defamatory matter is conditionally privileged

A publication of defamatory matter is privileged, on condition that it was published in good faith, if the relation between the parties by and to whom the publication is made is such that the person publishing the matter is under some legal, moral or social duty to publish it to the person to whom the publication is made or has a legitimate personal interest in so publishing it, provided that the publication does not exceed either in extent or matter what is reasonably sufficient for the occasion, and in any of the following cases, namely:

(a)if the matter published is in fact a fair report of anything said, done, or shown in a civil or criminal inquiry or proceedings before any court:Provided that if the court prohibits the publication of anything said or shown before it, on the ground that it is seditious, immoral, or blasphemous, the publication thereof shall not be privileged; or

(b)if the matter published is a copy or reproduction, or in fact a fair abstract, of any matter which has been previously published, and the previous publication of which was or would have been privileged under the last preceding section; or

(c)if the matter is an expression of opinion, in good faith as to the conduct of a person in a judicial, official, or other public capacity, or as to his personal character so far as it appears in such conduct; or

(d)if the matter is an expression of opinion in good faith as to the conduct of a person in relation to any public question or matter, or as to his personal character so far as it appears in such conduct; or

(e)if the matter is an expression of opinion in good faith as to the conduct of any person as disclosed by evidence given in a public legal proceeding, whether civil or criminal, or as to the conduct of any person as a party, witness, or otherwise in any such proceeding, or as to the character of any person so far as it appears in any such conduct as in this paragraph mentioned; or

(f)if the matter is an expression of opinion in good faith as to the merits of any book, writing, painting, speech, or other work, performance, or act published, or publicly done or made, or submitted by a person to the judgment of the public, or as to the character of the person so far as it appears therein; or

(g)if the matter is a censure passed by a person in good faith on the conduct of another person in any matter in respect of which he has authority, by contract or otherwise, over the other person, or on the character of the other person, so far as it appears in such conduct; or

(h)if the matter is a complaint or accusation made by a person in good faith against another person in respect of his conduct in any matter, or in respect of his character so far as it appears in such conduct, to any person having authority, by contract or otherwise, over that other person in respect of such conduct or matter, or having authority by law to inquire into or receive complaints respecting such conduct or matter; or

(i)if the matter is published in good faith for the protection of the rights or interests of the person who publishes it, or of the person to whom it is published, or of some person in whom the person to whom it is published is interested.

197. Explanation as to good faith

A publication of defamatory matter shall not be deemed to have been made in good faith by a person, within the meaning of the last preceding section, if it is made to appear either—

(a)that the matter was untrue, and that he did not believe it to be true; or

(b)that the matter was untrue, and that he published it without having taken reasonable care to ascertain whether it was true or false; or

(c)that, in publishing the matter, he acted with intent to injure the person defamed in a substantially greater degree or substantially otherwise than was reasonably necessary for the interest of the public or for the protection of the private right or interest in respect of which he claims to be privileged.

198. Presumption as to good faith

If it is proved, on behalf of the accused person, that the defamatory matter was published under such circumstances that the publication would have been justified if made in good faith, the publication shall be presumed to have been made in good faith until the contrary is made to appear, either from the libel itself, or from the evidence given on behalf of the accused person, or from evidence given on the part of the prosecution.

Division IV - Offences against the person

Chapter XIX
Murder and manslaughter

199. Manslaughter

Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed "man-slaughter". An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.

200. Murder

Any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder.

201. Punishment for murder

(1)Any person convicted of murder shall be sentenced—

(a)to death; or

(b)where there are extenuating circumstances, to any sentence other than death:

Provided that paragraph (b) of this subsection shall not apply to murder commited in the course of aggravated robbery with a firearm under section two hundred and ninety-four.

(2)For the purpose of this section—

(a)an extenuating circumstance is any fact associated with the offence which would diminish morally the degree of the convicted person's guilt;

(b)in deciding whether or not there are extenuating circumstances, the court shall consider the standard of behaviour of an ordinary person of a class of the community to which the convicted person belongs.

[As amended by Act No. 3 of 1990]

202. Punishment of manslaughter

Any person who commits the felony of manslaughter is liable to imprisonment for life.

203. Infanticide

Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.[No. 26 of 1940]

204. Malice aforethought

Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances:

(a)an intention to cause the death of or to do grievous harm to any person, whether such person is the person actually killed or not;

(b)knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether such person is the person actually killed or not, although such knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused;

(c)an intent to commit a felony;

(d)an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony.

205. Killing on provocation

(1)When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion, caused by sudden provocation as hereinafter defined, and before there is time for his passion to cool, he is guilty of manslaughter only.

(2)The provisions of this section shall not apply unless the court is satisfied that the act which causes death bears a reasonable relationship to the provocation.[As amended by No. 28 of 1952]

206. Provocation defined

(1)The term "provocation" means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done or offered to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial, or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to assult the person by whom the act or insult is done or offered. For the purposes of this section, "an ordinary person" shall mean an ordinary person of the community to which the accused belongs.

(2)When such an act or insult is done or offered by one person to another, or in the presence of another to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give the latter provocation for an assault.

(3)A lawful act is not provocation to any person for an assault.

(4)An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault is not provocation to that other person for an assault.

(5)An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.[As amended by No. 26 of 1933 and No. 26 of 1940]

207. Causing death defined

A person is deemed to have caused the death of another person although his act is not the immediate or sole cause of death in any of the following cases:

(a)If he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death. In this case it is immaterial whether the treatment was proper or mistaken, if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill;

(b)If he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living;

(c)If by actual or threatened violence he causes that other person to perform an act which causes the death of that person, such act being a means of avoiding such violence which in the circumstances would appear natural to the person whose death is so caused;

(d)If by any act or omission he hastens the death of a person suffering under any disease or injury which apart from such act or omission would have caused death;

(e)If his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of other persons.

208. When child deemed to be a person

A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.

209. Limitation as to time of death

(1)A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death.

(2)Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done.

(3)When the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased.

(4)When the cause of death is in part an unlawful act, and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later.

Chapter XX
Duties relating to the preservation of life and health

210. Responsibility of person who has charge of another

It is the duty of every person having charge of another who is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he shall be deemed to have caused any consequences which adversely affect the life or health of the other person by reason of any omission to perform that duty.

211. Duty of head of family

It is the duty of every person who, as head of a family, has charge of a child under the age of fourteen years, being a member of his household, to provide the necessaries of life for such child; and he shall be deemed to have caused any consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not.

212. Duty of masters and mistresses

It is the duty of every person who as master or mistress has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of sixteen years to provide the same; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty.

213. Duty of persons doing dangerous acts

It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty.

214. Duty of persons in charge of dangerous things

It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationery, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty.

Chapter XXI
Offences connected with murder

215. Attempt to murder

Any person who—

(a)attempts unlawfully to cause the death of another; or

(b)with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life;

is guilty of a felony and is liable to imprisonment for life.

216. Attempt to murder by convict

Any person who, being under sentence of imprisonment for three years or more, attempts to commit murder, is liable to imprisonment for life.[As amended by No. 26 of 1933]

217. Accessory after the fact to murder

Any person who becomes an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for seven years.

218. Written threat to murder

Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening to kill any person, is guilty of a felony and is liable to imprisonment for seven years.

219. Conspiracy to murder

Any person who conspires with any other person to kill any person, whether such person is in Zambia or elsewhere, is guilty of a felony and is liable to imprisonment for fourteen years.

220. Concealing the birth of children

Any person who, when a woman is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at, or after its birth, is guilty of a misdemeanour.

221. Child destruction

(1)Subject as hereinafter in this subsection provided, any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother, is guilty of felony, to wit, of child destruction, and is liable on conviction thereof to imprisonment for life:Provided that no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.

(2)For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive.[No. 28 of 1931]

Chapter XXII
Offences endangering life or health

222. Disabling with intent to commit felony or misdemeanor

Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanor, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanor, renders or attempts to render any person incapable of resistance, is guilty of a felony and is liable to imprisonment for life.[As amended by No. 26 of 1933]

223. Stupefying with intent to commit felony or misdemeanor

Any person who, with intent to commit or to facilitate the commission of a felony or misdemeanor, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanor, administers or attempts to administer any stupefying or overpowering drug or thing to any person, is guilty of a felony and is liable to imprisonment for life.

224. Acts intended to cause grievous harm or prevent arrest

Any person who, with intent to maim, disfigure or disable any person, or to do some grievous harm to any person, or to resist or prevent the lawful arrest or detention of any person—

(a)unlawfully wounds or does any grievous harm to any person by any means whatever; or

(b)unlawfully attempts in any manner to strike any person with any kind of projectile or with a spear, sword, knife, or other dangerous or offensive weapon; or

(c)unlawfully causes any explosive substance to explode; or

(d)sends or delivers any explosive substance or other dangerous or noxious thing to any person; or

(e)causes any such substance or thing to be taken or received by any person; or

(f)puts any corrosive fluid or any destructive or explosive substance in any place; or

(g)unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person;

is guilty of a felony and is liable to imprisonment for life.

225. Preventing escape from wreck

Any person who unlawfully—

(a)prevents or obstructs any person who is on board of, or is escaping from a vessel which is in distress or wrecked, in his endeavours to save his life; or

(b)obstructs any person in his endeavours to save the life of any person so situated;

is guilty of a felony and is liable to imprisonment for life.

226. Acts endangering railways and persons travelling thereon

(1)Any person who, with intent either to injure or endanger the safety of any person travelling by any railway, whether a particular person or not, or to affect or endanger the free and safe use of any railway or who, with intent to derail or cause to be derailed any railway engine, tender, wagon or carriage—

(a)places anything on such railway; or

(b)interferes with such railway or with anything whatsoever upon or near such railway; or

(c)shoots or throws anything at, into or upon, or causes anything to come into contact with, any person or thing on such railway; or

(d)shows any light or signal or in any way deals with any existing light or signal upon or near such railway; or

(e)wilfully fails to do any act which it is his duty to do;

is guilty of a felony and is liable to imprisonment for life.

(2)Subject to the provisions of the Juveniles Act, where a person has been convicted of an offence under subsection (1) and his intent was to derail or cause to be derailed any railway engine, tender, wagon or carriage, he shall be sentenced to not less than five years' imprisonment.[Cap. 53][No. 34 of 1960]

227. Trespass on railway

(1)Any person who, save with the express authority of the Zambia Railways or with some other lawful authority or lawful excuse, enters or remains or is found upon any portion of the railway reserve is guilty of a misdemeanour and is liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

(2)Any person guilty of an offence under the provisions of subsection (1) who was, at the time such offence was committed, in possession without lawful excuse of any article or implement capable of being used to destroy, damage or dismantle any railway line or part thereof or any railway engine or rolling stock using such railway line, is guilty of a felony and is liable to imprisonment for a period not exceeding fourteen years.

(3)Without prejudice to any other defence which may be open to him, a person shall be deemed to have lawful authority for the purposes of this section if he proves—

(a)that he was on a public way or an authorised path; or

(b)that he was on a portion of the railway reserve upon which members of the public are admitted for the purposes of the Zambia Railways.

(4)A Divisional Commander of Police may, in his discretion and after consultation with the Zambia Railways, authorise such paths across the railway reserve as he deems necessary for the passage of persons across such reserve, and any path so authorised—

(a)shall be entered in a register kept or caused to be kept by the Divisional Commander of Police concerned; and

(b)shall be signposted by the Zambia Railways in such manner as the Minister responsible for power, transport and works may from time to time, by statutory notice, prescribe.

(5)In any proceedings under the provisions of this section—

(a)the onus of proving that any person had express or other authority or had lawful excuse shall lie upon such person; and

(b)every railway line, other than the Zambesi Sawmills Railway Line, over which goods and passengers are carried for fee or reward shall be presumed to be owned by the Zambia Railways unless the contrary is proved; and

(c)any document purporting to be an extract or copy of any entry in a register kept under the provisions of subsection (4) and to be certified under the hand of a police officer of or above the rank of Sub-Inspector shall be received in evidence as to the matters stated therein.

(6)For the purposes of this section—"authorised path" means a path entered in any register kept under the provisions of subsection (4);"railway reserve" means the strip of land along any railway line owned by the Zambia Railways extending—

(a)where the said line consists of a single track, for a distance of one hundred feet outwards from each rail; and

(b)where the said line consists of two or more tracks, for a distance of one hundred feet outwards from the outermost rail on each side of such tracks;

and including all the land between the outermost rails.[No. 34 of 1960 as amended by G.N. No. 493 of 1964 and No. 24 of 1977]

228. Acts endangering the safety of persons travelling in motor vehicles

Any person who, with intent either to injure or to endanger the safety of any person travelling in any motor vehicle as defined in the Roads and Road Traffic Act, shoots or throws anything at, into or upon or causes anything to come into contact with any such person or any such vehicle, is guilty of a felony and is liable to imprisonment for life.[No. 26 of 1961][Cap. 464]

229. Grievous harm

Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for seven years.

230. Attempting to injure by explosive substances

Any person who unlawfully, and with intent to do any harm to another, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

231. Maliciously administering poison with intent to harm

Any person who unlawfully, and with intent to injure or annoy another, causes any poison or noxious thing to be administered to, or taken by, any person, and thereby endangers his life, or does him some grievous harm, is guilty of a felony and is liable to imprisonment for fourteen years.

232. Unlawful wounding on poisoning

Any person who—

(a)unlawfully wounds another; or

(b)unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person;

is guilty of a felony and is liable to imprisonment for three years.

233. Failure to supply necessaries

Any person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered, or his health is or is likely to be permanently injured, is guilty of a felony and is liable to imprisonment for three years.

234. Responsibility as to surgical operation

A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable, having regard to the patient's state at the time, and to all the circumstances of the case.

235. Criminal responsibility

Any person authorised by law or by the consent of the person injured by him to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess.

236. Exception

Notwithstanding anything contained in section two hundred and thirty-five, consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom such death or maim is caused.

Chapter XXIII
Criminal recklessness and negligence

237. Reckless and negligent acts

Any person who in a manner so rash or negligent as to en-danger human life or to be likely to cause harm to any other person—

(a)drives any vehicle or rides on any public way; or

(b)navigates, or takes part in the navigation or working of any vessel; or

(c)does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession; or

(d)omits to take precautions against any probable danger from any animal in his possession; or

(e)gives medical or surgical treatment to any person whom he has undertaken to treat; or

(f)dispenses, supplies, sells, administers, or gives away any medicine or poisonous or dangerous matter; or

(g)does any act with respect to, or omits to take proper precautions against any probable danger from any machinery of which he is solely or partly in charge;

is guilty of a misdemeanour.[As amended by No. 45 of 1969]

238. Unlawful acts causing harm

Any person who unlawfully does any act, or omits to do any act which it is his duty to do, not being an act or omission specified in the preceding section, by which act or omission harm is caused to any person, is guilty of a misdemeanour and is liable to imprisonment for six months.

239. Dealing with poisonous substances in negligent manner

Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units.[No. 26 of 1940 and Act No. 13 of 1994]

240. Endangering safety of persons travelling by railway

Any person who, by any unlawful act or omission not specified in section two hundred and twenty-six, causes the safety of any person travelling by any railway to be endangered, is guilty of a misdemeanour.

241. Exhibition of false light, mark or buoy

Any person who exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, is liable to imprisonment for seven years.

242. Conveying person by water for hire in unsafe or overloaded vessel

Any person who knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to be unsafe, is guilty of a misdemeanour.

243. Obstruction of waterways

(1)Any person who, without lawful cause or reasonable excuse, does any act with intent to obstruct or impede the navigation by any vessel of any waters capable of being used for navigation is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years.

(2)For the purposes of this section, "vessel" includes any canoe, boat, ship or raft.[No. 18 of 1962]

244. Danger or obstruction in public way or line of navigation

Any person who, by doing any act, or by omitting to take reasonable care with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, is liable to a fine.

245. Trespass on aerodromes

(1)Any person who enters upon an aerodrome is guilty of a misdemeanour unless such person proves—

(a)that he did not know that the land on which he entered was an aerodrome; or

(b)that he had reasonable cause for being on such aerodrome.

(2)Any person who, being in charge of an animal, causes or permits such animal to trespass on an aerodrome is guilty of a misdemeanour.

(3)A misdemeanour under this section is punishable with imprisonment for a period not exceeding one month or with a fine not exceeding seven hundred and fifty penalty units, or both.

(4)For the purposes of this section, "aerodrome" includes an airport, landing ground, or other place normally used by aircraft for landing and taking off.[No. 28 of 1949 and Act No. 13 of 1994]

246. Obstruction of roads or runways

(1)Any person who, without lawful cause or reasonable excuse, does any act with intent to obstruct, whether partially or otherwise, any road or runway is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years.

(2)For the purposes of this section—"road" shall have the meaning assigned to it by section two of the Roads and Road Traffic Act;[Cap. 464]"runway" includes any landing ground or other place ordinarily used by aircraft for landing or taking off.

[No. 18 of 1962]

Chapter XXIV
Assaults

247. Common assault

Any person who unlawfully assaults another is guilty of a misdemeanour and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for one year.

248. Assaults occasioning actual bodily harm

Any person who commits an assault occasioning actual bodily harm is guilty of a misdemeanour and is liable to imprisonment for five years.

249. Assaults on persons protecting wrecks

Any person who assaults and strikes or wounds any magistrate, officer, or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any vessel in distress, or of any vessel or goods or effects wrecked, stranded, or cast on shore, or lying under water, is guilty of a felony and is liable to imprisonment for seven years.

250. Assaults punishable with five years' imprisonment

Any person who—

(a)assaults any person with intent to commit a felony or to resist or prevent the lawful apprehensive or detainer of himself or of any other person for any offence; or

(b)assaults, resists, or wilfully obstructs any police officer in the due execution of his duty, or any person acting in aid of such officer; or

(c)assaults any person in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or respecting any trade, business, or manufacture or respecting any person concerned or employed therein; or

(d)assaults, resists, or obstructs any person engaged in lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under such process or distress; or

(e)assaults any person on account of any act done by him in the execution of any duty imposed on him by law;

is guilty of a misdemeanour and is liable to imprisonment for five years.

Chapter XXV
Offences against liberty

251. Definition of kidnapping from Zambia

Any person who conveys any person beyond the limits of Zambia without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Zambia.

252. Definition of kidnapping from lawful guardianship

Any person who takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

253. Definition of abduction

Any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

254. Punishment for kidnapping

Any person who kidnaps any person from Zambia or from lawful guardianship, is guilty of a felony and is liable to imprisonment for seven years.

255. Kidnapping or abducting in order to murder

Any person who kidnaps or abducts any person in order that such person may be murdered, or may be so disposed of as to be put in danger of being murdered, is guilty of a felony and is liable to imprisonment for ten years.

256. Kidnapping or abducting with intent to confine person

Any person who kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, is guilty of a felony and is liable to imprisonment for seven years.

257. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.

Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony and is liable to imprisonment for ten years.

258. Wrongfully concealing or keeping in confinement kidnapped or abducted person

Any person who, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, is guilty of a felony and shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose, as that with or for which he conceals or detains such person in confinement.

259. Kidnapping or abducting child under fourteen with intent to steal from its person

Any person who kidnaps or abducts any child under the age of fourteen years with the intention of taking dishonestly any movable property from the person of such child, is guilty of a felony and is liable to imprisonment for seven years.

260. Punishment for wrongful confinement

Whoever wrongfully confines any person is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine not exceeding six thousand penalty units.[No. 26 of 1940 and Act No. 13 of 1994]

261. Buying or disposing of any person as a slave

Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony and is liable to imprisonment for seven years.

262. Habitual dealing in slaves

Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony and is liable to imprisonment for ten years.

263. Unlawful compulsory labour

Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.

Division V - Offences relating to property

Chapter XXVI
Theft

264. Things capable of being stolen

(1)Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen.

(2)Every inanimate thing which is the property of any person, and which is capable of being made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it.

(3)Every tame animal, whether tame by nature or wild by nature and tamed, which is the property of any person, is capable of being stolen.

(4)Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Zambia, which are the property of any person, and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement.

(5)Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Zambia, which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time.

(6)An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank, or other small enclosure, or is otherwise so placed that it cannot escape, and that its owner can take possession of it at pleasure.

(7)Wild animals in the enjoyment of their natural liberty are not capable of being stolen, but their dead bodies are capable of being stolen.

(8)Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen.

265. Definition of theft

(1)A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person other than the general or special owner thereof anything capable of being stolen, is said to steal that thing.

(2)A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if he does so with any of the following intents, that is to say:

(a)an intent permanently to deprive the general or special owner of the thing of it;

(b)an intent to use the thing as a pledge or security;

(c)an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;

(d)an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion;

(e)in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner.

(3)When a thing stolen is converted, it is immaterial whether it is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it. It is also immaterial that the person who converts the thing in question is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of it.

(4)When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes on reasonable grounds that the owner cannot be discovered.

(5)A person shall not be deemed to take a thing unless he moves the thing or causes it to move.

(6)For the purposes of this section, "special owner" includes any person who has any charge or lien upon the thing in question, or any right arising from or dependent upon holding possession of the thing in question.

266. Special cases

(1)When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be theft.

(2)When a servant, contrary to his mater's orders, takes from his possession any food in order that it may be given to an animal belonging to or in the possession of his master, such taking is not deemed to be theft.

267. Funds, etc., held under direction

When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge, or other disposition of any property, whether capable of being stolen or not with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with.[As amended by No. 9 of 1968]

268. Funds, etc., received by agents for sale

When a person receives, either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it, and requiring him to pay or account for the proceeds of the property, or any part of such proceeds, or to deliver anything received in exchange for the property, to the person from whom it is received, or some other person, then the proceeds of the property, and anything so received in exchange for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them, and that the relation of debtor and creditor only shall exist between them in respect thereof.

269. Money received for another

When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between, the parties in respect of it.

270. Theft by persons having an interest in the thing stolen

When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to theft, it is immaterial that he himself has a special property or interest therein, or that he himself is the owner of the thing taken or converted subject to some special property or interest of some other person therein, or that he is lessee of the thing, or that he himself is one of two or more joint owners of the thing, or that he is a director or officer of a corporation or company or society who are the owners of it.

271. Husband and wife

A person who, while a man and his wife are living together, procures either of them to deal with anything which is, to his knowledge, the property of the other in a manner which would be theft if they were not married, is deemed to have stolen the thing, and may be charged with theft.

272. General punishment for theft

Any person who steals anything capable of being stolen is guilty of the felony termed "theft", and, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, is liable to imprisonment for five years.[As amended by Act No. 29 of 1974]

273. Stolen wills

If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years.[As amended by No. 28 of 1931]

274. Stealing postal matter, etc.

If the thing stolen is postal matter or any chattel, money, or valuable security contained in any postal matter, the offender is liable to imprisonment for ten years.

275. Stock theft

(1)If the thing stolen is any of the following, that is to say: a horse, mare, gelding, ass, mule, camel, ostrich, ram, ewe, wether, goat or pig, or the young of any such animal, the offender is liable—

(a)in the case of a first offence, to imprisonment not exceeding fifteen years;

(b)in the case of a second and subsequent offence to imprisonment for a period of not less than seven years and not exceeding fifteen years.

(2)If the thing stolen is a bull, cow or ox, or the young of any such animal, the offender is liable to imprisonment for a period—

(a)in the case of a first offence, of not less than five years and not exceeding fifteen years;

(b)in the case of a second or subsequent offence, of not less than seven years and not exceeding fifteen years.

275A. Stealing copper cathodes, copper bars, cobalt, lead, zinc or vanadium

(1)Nothwithstanding subsection (2) of section twenty-six, if the thing stolen is copper cathodes, copper bars, cobalt, lead, zinc or vanadium the offender is liable to imprisonment for a period not exceeding fifteen years.

(2)Where a person is convicted of an offence under this Act the court which convicts him shall, in addition to any other penalty imposed under subsection (1), order the forfeiture of all the property which is the subject of that offence or which has been used for the commission of that offence:Provided that no conveyance which has been used for the commission of the offence shall be forfeited if the offence was committed by a person other than the owner or person in charge of the conveyance and it is proved to the court that the use of the conveyance for the commission of the offence was without the consent and knowledge of the owner or person in charge of the conveyance and was not due to any neglect, default or lack of reasonable care by the owner or the person in charge of the conveyance.

(3)Where it is proved to the satisfaction of the court that an offence has been committed under this Section, the court shall make an order for the forfeiture of all property which is the subject matter of that offence or which has been used for the commission of that offence, notwithstanding that no person may have been convicted of the offence:Provided that the proviso to subsection (2) shall apply in relation to an order for forfeiture under this subsection.[As amended by Act No. 23 of 1993]

276. Stealing from the person; stealing goods in transit, etc.

If a theft is committed under any of the circumstances following, that is to say:

(a)if the thing is stolen from the person of another;

(b)if the thing is stolen in a dwelling-house and its value exceeds one hundred and fifty fee units or the offender, at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling-house;

(c)if the thing is stolen from any kind of vessel or vehicle or place of deposit used for the conveyance or custody of goods in transit from one place to another;

(d)if the thing stolen is attached to or forms part of a railway;

(e)if the thing is stolen from a vessel which is in distress or wrecked or stranded;

(f)if the thing is stolen from a public office in which it is deposited or kept;

(g)if the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument;

the offender is liable to imprisonment for seven years.As amended by Act No. 13 of 1994]

277. Stealing by persons in public service

If the offender is a person employed in the public service and the thing stollen is the property of the Government, a local authority or a corporation, body or board, including an institution of higher learning in which the Government has a majority or con-trolling interest, or came into his possession by virtue of his employment, he is liable to imprisonment for fifteen years.[As amended by Act No. 29 of 1974]

278. Stealing by clerks and servants

If the offender is a clerk or servant and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for seven years.

279. Stealing by directors or officers of companies

If the offender is a director or officer of a corporation or company and the thing stolen is the property of the corporation or company, he is liable to imprisonment for seven years

280. Stealing by agents etc.

If the thing stolen is any of the things following, that is to say:

(a)property which has been received by the offender with a power of attorney for the deposition thereof;

(b)property which has been entrusted to the offender either alone or jointly with any other person for him to retain in safe custody or to apply, pay, or deliver for any purpose or to any person the same or any part thereof or any proceeds thereof;

(c)property which has been received by the offender either alone or jointly with any other person for or on account of any other person;

(d)the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;

(e)the whole or part of the proceeds arising from any disposition of any property which has been received by the offender by virtue of a power of attorney for such disposition, such power of attorney having been received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction;

the offender is liable to imprisonment for seven years.

281. Stealing by tenants or lodgers

If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging and its value exceeds one hundred and fifty fee units, he is liable to imprisonment for seven years.[As amended by Act No. 13 of 1994]

281A. Stealing of motor vehicle

(1)If the thing stolen is a motor vehicle, the offender is liable to imprisonment for a period—

(a)in the case of a first offence, of not less than five years and not exceeding fifteen years;

(b)in the case of a second or subsequent offence, of not less than seven years and not exceeding fifteen years.

(2)In this section, "motor vehicle" means a motor vehicle or trailer—

(a)which is registered or registrable under the provisions of section sixty-six of the Roads and Road Traffic Act; or[Cap. 464]

(b)which is exempted from the need for registration under any of the provisions of the Roads and Road Traffic Act or any regulation made thereunder.

[As amended by Act No. 9 of 1974][Cap. 464]

282. ***

[repealed by Act No. 29 of 1974]

Chapter XXVII
Offences allied to stealing

283. Concealing registers

Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any such register which is required by law to be sent to any public office, is guilty of a felony and is liable to imprisonment for ten years.

284. Concealing wills

Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, is guilty of a felony and is liable to imprisonment for ten years.

285. Concealing deeds

Any person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land, is guilty of a felony and is liable to imprisonment for three years.

286. Killing animals with intent to steal

Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of an offence and is liable to the same punishment as if he had stolen the animal.

287. Severing with intent to steal

Any person who makes anything movable with intent to steal it is guilty of an offence and is liable to the same punishment as if he had stolen the thing after it had become movable.

288. Fraudulent disposition of mortgaged goods

(1)Any person who, being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee, and with intent to defraud, is guilty of a misdemeanour.

(2)In this section, "mortgaged goods" includes any goods and chattels of any kind, and any animals, and any progeny of any animals, and any crops or produce of the soil, whether growing or severed, which are subject for the time being, by virtue of the provisions of any Act or of any written instrument, to a valid charge or lien by way of security for any debt or obligation.

289. Fraudulently dealing with metals or minerals

Notwithstanding subsection (2) of section twenty-six, any person who takes, conceals, or otherwise disposes of any ore or any metal or mineral with intent to defraud any person, is guilty of a felony and is liable to imprisonment for a period not exceeding fifteen years.[As amended by Act No. 23 of 1993

290. Fraudulent appropriation of power

Any person who fraudulently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating, or electrical power derived from any machine, apparatus, or substance, the property of another person, is guilty of a felony and is liable to imprisonment for five years.

291. Conversion not amounting to theft

Any person who unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any draught or riding animal or any vehicle or cycle however propelled, or any vessel, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding one thousand five hundred penalty units, or to both.[As amended by Act No. 13 of 1994]

Chapter XXVIII
Robbery and extortion

292. Robbery

Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony of robbery and is liable on conviction to imprisonment for fourteen years.[No. 18 of 1963]

293. Assault with intent to steal

Any person who assaults any person with intent to steal anything is guilty of a felony and is liable on conviction to imprisonment for seven years.[No. 18 of 1963]

294. Aggravated robbery

(1)Any person who, being armed with any offensive weapon or instrument, or being together with one person or more, steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony of aggravated robbery and is liable on conviction to imprisonment for life, and, notwithstanding subsection (2) of section twenty-six, shall be sentenced to imprisonment for a period of not less than fifteen years.

(2)Notwithstanding the provisions of subsection (1), the penalty for the felony of aggravated robbery under subsection (1) shall be death—

(a)where the offensive weapon or instrument is a firearm, unless the court is satisfied by the evidence in the case that the accused person was not armed with a firearm and—

(i)that he was not aware that any of the other persons involved in committing the offence was so armed; or

(ii)that he dissociated himself from the offence immediately on becoming so aware; or

(b)where the offensive weapon or instrument is not a firearm and grievous harm is done to any person in the course of the offence, unless the court is satisfied by the evidence in the case that the accused person neither contemplated nor could reasonably have contemplated that grievous harm might be inflicted in the course of the offence.

(3)In this section "firearm" has the meaning assigned to it in section two of the Firearms Act.[Cap. 110][No. 18 of 1963 as amended by No. 40 of 1969 and Act No. 29 of 1974]

295. Aggravated assault with intent to steal

Any person who, being armed with any offensive weapon or instrument, or being together with one person or more, assaults any person with intent to steal anything, is guilty of a felony and is liable on conviction to imprisonment for a period (notwithstanding subsection (2) of section twenty-six) of not less than ten years and not exceeding twenty years.[No. 18 of 1963 as amended by No. 40 of 1969]

296. Demanding property by written threats

Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, is guilty of a felony and is liable to imprisonment for fourteen years.

297. Attempts at extortion by threats

(1)Any person who, with intent to extort or gain anything from any person—

(a)accuses or threatens to accuse any person of committing any felony or misdemeanour, or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any felony or misdemeanour; or

(b)threatens that any person shall be accused by any other person of any felony or misdemeanour, or of any such act; or

(c)knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threat as aforesaid;

is guilty of a felony, and if the accusation or threat of accusation is of—

(i)an offence for which the punishment of death or imprisonment for life may be inflicted; or

(ii)any of the offences defined in Chapter XV, or an attempt to commit any of such offences; or

(iii)an assault with intent to have carnal knowledge of any person against the order of nature, or an unlawful and indecent assault upon a male person; or

(iv)a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences aforesaid;

the offender is liable to imprisonment for fourteen years. In any other case the offender is liable to imprisonment for three years.

(2)It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused.

298. Procuring execution of deeds, etc., by threats

Any person who, with intent to defraud, and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing any felony or misdemeanour, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any offence, compels or induces any person—

(a)to execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security; or

(b)to write any name or impress or affix any seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security;

is guilty of a felony and is liable to imprisonment for fourteen years.

299. Demanding property with menaces with intent to steal

Any person who, with intent to steal any valuable thing, demands it from any person with menaces or force, is guilty of a felony and is liable to imprisonment for five years.

Chapter XXIX
Burglary, housebreaking and similar offences

300. Definition of breaking and entering

(1)A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar flap, or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is deemed to break the building.

(2)A person is deemed to enter a building as soon as any part of his body or any part of any instrument used by him is within the building.

(3)A person who obtains entrance into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.

301. House-breaking and burglary

Any person who—

(a)breaks and enters any dwelling house with intent to commit a felony therein; or

(b)having entered any dwelling house with intent to commit a felony therein, or having committed a felony in any such dwelling house, breaks out thereof;

is guilty of the felony termed "housebreaking" and is liable to imprisonment for seven years. If the offence is committed in the night, it is termed "burglary" and the offender is liable to imprisonment for ten years.[As amended by Act No. 3 of 1990]

302. Entering dwelling house or other building with intent to commit felony

(1)Any person who enters or is in any dwelling house with intent to commit a felony in it is guilty of a felony and liable upon conviction to imprisonment for a period not exceeding five years or if the offence is committed at night to imprisonment for a period not exceeding seven years.

(2)Any person who enters or is in any building other than a dwelling house, with intent to commit a felony in it is guilty of a felony and liable upon conviction to imprisonment for a period not exceeding five years or if the offence is committed at night to imprisonment for a period not exceeding seven years.[As amended by Act No. 3 of 1990]

303. Breaking into building and committing felony

Any person who—

(a)breaks and enters into any building other than a dwelling house and commits a felony in it; or

(b)having committed a felony in any building other than a dwelling house, breaks out of it, is guilty of a felony and is liable to imprisonment for seven years;

is guilty of a felony and is liable to imprisonment for seven years.[As amended by Act No. 3 of 1990]

304. Breaking into building with intent to commit felony

Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, or counting-house, or a building which is adjacent to a dwelling-house and occupied with it but is not part of it, or any building used as a place of worship with intent to commit a felony therein, is guilty of a felony and is liable to imprisonment for five years.

305. Persons found armed, etc., with intent to commit felony

Any person who is found under any of the circumstances following, that is to say:

(a)being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to break or enter a dwelling-house, and to commit a felony therein;

(b)being armed as aforesaid by night, and being so armed with intent to break or enter any building whatever, and to commit a felony therein;

(c)having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking, explosive or petroleum;

(d)having in his possession by day any such instrument, explosive or petroleum with intent to commit a felony;

(e)having his face masked or blackened or being otherwise disguised with intent to commit a felony;

(f)being in any building whatever by night with intent to commit a felony therein;

(g)being in any building whatever by day with intent to commit a felony therein, and having taken precautions to conceal his presence;

is guilty of a felony and is liable to imprisonment for three years. If the offender has been previously convicted of a felony relating to property, he is liable to imprisonment for seven years.[As amended by No. 7 of 1960]

306. Criminal trespass

Any person who—

(a)unlawfully enters into or upon any property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property;

(b)having lawfully entered into or upon such property unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit any offence;

is guilty of the misdemeanour termed "criminal trespass" and is liable to imprisonment for three months. If the property upon which the offence is committed is any building, tent or vessel used as a human dwelling or any building used as a place of worship or as a place for the custody of property, the offender is liable to imprisonment for one year.[No. 26 of 1940]

307. Forfeiture

When any person is convicted of an offence under this Chapter, the court shall order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connection with any such offence shall be forfeited.[As amended by S.I. No. 63 of 1964 and No. 5 of 1972]

Chapter XXX
False pretences

308. Definition of false pretence

Any representation made by words, writing or conduct, of a matter of fact or of law, either past or present, including a representation as to the present intentions of the person making the representation or of any other person, which representation is false in fact, and which the person making it knows to be false or does not believe to be true, is a false pretence.[As amended by No. 5 of 1972]

309. Obtaining goods by false pretences

Any person who, by any false pretence and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanour and is liable to imprisonment for three years.

309A. Obtaining pecuniary advantage by false pretences

(1)Any person who, by any false pretence, dishonestly obtains for himself or another any pecuniary advantage, is guilty of a misdemeanour and is liable to imprisonment for five years.

(2)The cases in which a pecuniary advantage within the meaning of this section is to be regarded as obtained for a person are cases where—

(a)any debt or charge for which he makes himself liable or is or may become liable (including one not legally enforceable) is reduced or in whole or in part evaded or deferred; or

(b)he is allowed to borrow by way of overdraft, or to take out any policy of insurance or annuity contract, or obtains an improvement of the terms on which he is allowed to do so; or

(c)he is given the opportunity to earn remuneration or greater remuneration in an office or employment, or to win money by betting.

[No. 5 of 1972]

310. Obtaining execution of a security by false pretences

Any person who, by any false pretence and with intent to defraud, induces any person to execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security, or to write any name or impress or affix any seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of a misdemeanour and is liable to imprisonment for three years.

310A. Intent to deceive

An intent to deceive exists where one person induces another person—

(a)to believe that a thing is true which is false, and which the person practising the deceipt knows or believes to be false; or

(b)to believe a thing to be false which is true, and which the person practising the deceipt knows or believes to be true;

and in consequence of having been so induced does or omits to do an act whether or not any injury or loss is thereby suffered by any person.[As amended by Act No. 5 of 1972]

311. Cheating

Any person who, by means of any fraudulent trick or device, obtains from any other person anything capable of being stolen or induces any other person to deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device, is guilty of a misdemeanour and is liable to imprisonment for three years.

312. Obtaining credit, etc., by false pretences

Any person who—

(a)in incurring any debt or liability, obtains credit by any false pretence or by means of any other fraud; or

(b)with intent to defraud his creditors or any of them, makes or causes to be made any gift, delivery, or transfer of or any charge on his property; or

(c)with intent to defraud his creditors or any of them, conceals, sells or removes any part of his property after or within three months before the date of any unsatisfied judgment or order for payment of money obtained against him;

is guilty of a misdemeanour and is liable to imprisonment for one year.

313. Conspiracy to defraud

Any person who conspires with another by deceit or any fraudulent means to affect the market price of anything publicly sold, or to defraud the public, or any person, whether a particular person or not, or to extort any property from any person, is guilty of a misdemeanour and is liable to imprisonment for three years.

314. Frauds on sale or mortgage of property

Any person who, being a seller or mortgagor of any property, or being the solicitor or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud—

(a)conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or

(b)falsifies any pedigree on which the title depends or may depend; or

(c)makes any false statement as to the title offered or conceals any fact material thereto;

is guilty of a misdemeanour.

315. Pretending to tell fortunes

Any person who for gain or reward undertakes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, is guilty of a misdemeanour.

316. Obtaining registration, etc., by false pretences

Any person who wilfully procures or attempts to procure for himself or any other person any registration, licence or certificate under any Act by any false pretence, is guilty of a misdemeanour and is liable to imprisonment for one year.

317. False declaration for passport

Any person who makes a statement which is to his know-ledge untrue for the purpose of procuring a passport, whether for himself or for any other person, is guilty of a misdemeanour.

Chapter XXXI
Receiving property stolen or unlawfully obtained and like offences

318. Receiving stolen property, etc.

(1)Any person who receives or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe the same to have been feloniously stolen, taken, extorted, obtained or disposed of, is guilty of a felony and is liable to imprisonment for seven years.

(2)Receiving property unlawfully obtainedAny person who received or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe the same to have been unlawfully taken, obtained, converted or disposed of in a manner which constitutes a misdemeanour, is guilty of a misdemeanour and is liable to the same punishment as the offender by whom the property was unlawfully obtained, converted or disposed of.[As amended by No. 26 of 1940]

319. Person suspected of having or conveying stolen property

Any person who shall be brought before a court charged with—

(a)having in his possession anything which may be reasonably suspected of having been stolen or unlawfully obtained; or

(b)conveying in any manner anything which may be reasonably suspected of having been stolen or unlawfully obtained;

and who shall not give an account to the satisfaction of such court of how he came by the same, is guilty of a misdemeanour.[No. 22 of 1969]

320. Receiving goods stolen outside Zambia

Every person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Zambia the person committing it would have been guilty of felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside Zambia, is guilty of an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for seven years.[No. 26 of 1940]

Chapter XXXII
Illegal possession of diamonds or emeralds

321. Illegal possession of diamonds or emeralds

(1)Any person who, without the written permission of the Chief Mining Engineer, has in his possession or disposes of any diamond or emerald shall be guilty of a misdemeanour.

(2)For the purposes of this section—"Chief Mining Engineer" means the person appointed as such in pursuance of section six of the Mines and Minerals Act, 1969;"diamond" means any rough or uncut diamond and includes any diamond which has been partially cut, shaped or polished out of the rough;"emerald" means any rough or uncut emerald and includes any emerald which has been partially cut, shaped or polished out of the rough.[Cap. 213]

(3)Any police officer of or above the rank of Sub Inspector may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section.

322. Forfeiture on conviction

(1)When a person has been found guilty by a court of an offence under section three hundred and twenty one in addition to any other punishment imposed on the accused person, the diamonds or emeralds in respect of which the offence has been committed shall be forfeited to the state upon such finding by the court.

(2)Any diamonds or emeralds which have been forfeited under subsection (1) shall be released to the Minister of Finance or such other person as may be authorised by him in writing.

[As amended by Act No. 5 of 1972]

Chapter XXXIII
Frauds by trustees and persons in a position of trust, and false accounting

323. Trustees fraudulently disposing of trust property

(1)Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use not authorised by the trust, is guilty of a felony and is liable to imprisonment for seven years.

(2)For the purposes of this section, "trustee" includes the following persons and no others, that is to say:

(a)trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose;

(b)trustees appointed by or under the authority of an Act or Statute for any such purpose;

(c)persons upon whom the duties of any such trust as aforesaid devolve;

(d)executors and administrators.

324. Directors and officers of corporations or companies fraudulently appropriating property or keeping fraudulent accounts or falsifying books or accounts

Any person who—

(a)being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct such an entry to be made therein; or

(b)being a director, officer, or member of a corporation or company, does any of the following acts with intent to defraud, that is to say:

(i)destroys, alters, mutilates or falsifies any book, document, valuable security or account, which belongs to the corporation or company, or any entry in any such book, document, or account, or is privy to any such act; or

(ii)makes, or is privy to making, any false entry in any such book, document, or account; or

(iii)omits, or is privy to omitting, any material particular from any such book, document or account;

is guilty of a felony and is liable to imprisonment for seven years.

325. False statements by officials of companies

Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating, or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the purposes following, that is to say:

(a)to deceive or to defraud any member, shareholder, or creditor of the corporation or company, whether a particular person or not;

(b)to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to, the corporation or company, or to enter into any security for the benefit thereof;

is guilty of a felony and is liable to imprisonment for seven years.

326. Fraudulent false accounting

Any person who, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, does any of the acts following with intent to defraud, that is to say:

(a)destroys, alters, mutilates or falsifies any book, document, valuable security or account, which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document or account, or is privy to any such act; or

(b)makes, or is privy to making, any false entry in any such book, document, or account; or

(c)omits, or is privy to omitting, any material particular from any such book, document or account;

is guilty of a felony and is liable to imprisonment for seven years.

327. False accounting by public officer

Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of a misdemeanour.

Division VI - Malicious injuries to property

Chapter XXXIV
Offences causing injury to property

328. Arson

Any person who wilfully and unlawfully sets fire to—

(a)any building or structure whatever, whether completed or not; or

(b)any vessel or any motor vehicle as defined in the Roads and Road Traffic Act, whether completed or not; or

(c)any stack of cultivated vegetable produce, or of mineral or vegetable fuel; or

(d)a mine, or the workings, fittings, or appliances of a mine;

is guilty of a felony and is liable to imprisonment for life.[As amended by No. 26 of 1961][Cap. 464]

329. Attempts to commit arson

Any person who—

(a)attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or

(b)wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it;

is guilty of a felony and is liable to imprisonment for fourteen years.

330. Setting fire to crops and growing plants

Any person who wilfully and unlawfully sets fire to—

(a)a crop of cultivated produce, whether standing, picked or cut; or

(b)a crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut; or

(c)any standing trees, saplings, or shrubs, whether indigenous or not, under cultivation;

is guilty of a felony and is liable to imprisonment for fourteen years.[As amended by No. 26 of 1940]

331. Attempts to set fire to crops, etc.

Any person who—

(a)attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or

(b)wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it;

is guilty of a felony and is liable to imprisonment for seven years.

332. Casting away vessels

Any person who—

(a)wilfully and unlawfully casts away or destroys any vessel, whether completed or not; or

(b)wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or

(c)with intent to bring a vessel into danger, interferes with any light, beacon, buoy, mark, or signal used for purposes of navigation, or exhibits any false light or signal;

is guilty of a felony and is liable to imprisonment for life.[As amended by No. 26 of 1933]

333. Attempts to cast away vessels

Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress, is guilty of a felony and is liable to imprisonment for fourteen years.[As amended by No. 26 of 1933]

334. Injuring animals

(1)Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen is guilty of an offence.

(2)If the animal in question is a horse, mare, gelding, ass, mule, camel, bull, cow, ox, goat, pig, ram, ewe, wether, or ostrich, or the young of any such animal, the offender is guilty of a felony and is liable to imprisonment for seven years. In any other case the offender is guilty of a misdemeanour.

335. Punishment for malicious injuries in general

(1)Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanour and he is liable, if no other punishment is provided, to imprisonment for two years.

(2)In special cases-destroying or damaging an inhabited house or a vessels with explosivesIf the property in question is a dwelling-house or a vessel, and the injury is caused by the explosion of any explosive substance, and if—

(a)any person is in the dwelling-house or vessel; or

(b)the destruction or damage actually endangers the life of any person;

the offender is guilty of a felony and is liable to imprisonment for life.

(3)River bank or wall, or navigation works, or bridgesIf the property in question—

(a)is a bank or wall of a river, canal, aqueduct, reservoir, or inland water, or work which appertains to a dock, reservoir, or inland water, and the injury causes actual danger of inundation or damage to any land or building; or

(b)is a railway or is a bridge, viaduct, or aqueduct which is constructed over a highway, railway, or canal, or over which a railway, highway, or canal passes, and the property is destroyed; or

(c)being a railway or being any such bridge, viaduct, or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct, or aqueduct, or the highway, or canal passing over or under the same or any part thereof, dangerous or impassable, and the same or any part thereof is thereby rendered dangerous or impassable;

the offender is guilty of a felony and is liable to imprisonment for life.

(4)Wills and registersIf the property in question is a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender is guilty of a felony and is liable to imprisonment for fourteen years.

(5)WrecksIf the property in question is a vessel in distress or wrecked, or stranded, or anything which belongs to such vessel, the offender is guilty of a felony and is liable to imprisonment for seven years.

(6)RailwaysIf the property in question is any part of a railway, or any work connected with a railway, the offender is guilty of a felony and is liable to imprisonment for fourteen years.

(7)Other things of special valueIf the property in question—

(a)being a vessel, whether completed or not, is destroyed; or

(b)being a vessel, whether completed or not, is damaged, and the damage is done with intent to destroy it or render it useless; or

(c)is a light, beacon, buoy, mark, or signal, used for the purposes of navigation, or for the guidance of persons engaged in navigation; or

(d)is a bank or wall of a river, canal, aqueduct, reservoir, or inland water, or a work which appertains to a dock, canal, aqueduct, reservoir, or inland water, or which is used for the purposes of lading or unlading goods; or

(e)being a railway, or being a bridge, viaduct, or aqueduct which is constructed over a highway, railway, or canal, or over which a highway, railway, or canal passes, is damaged, and the damage is done with intent to render the railway, bridge, viaduct, or aqueduct, or the highway, railway, or canal passing over or under the same, or any part thereof, dangerous or impassable; or

(f)being anything in process of manufacture, or an agricultural or manufacturing machine, or a manufacturing implement, or a machine or appliance used or intended to be used for performing any process connected with the preparation of any agricultural or pastoral produce, is destroyed; or

(g)being any such thing, machine, implement, or appliance, as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or

(h)is a shaft or a passage of a mine, and the injury is done with intent to damage the mine or to obstruct its working; or

(i)is a machine, appliance, apparatus, building, erection, bridge, or road, appertaining to or used with a mine, whether the thing in question is completed or not; or

(j)being a rope, chain, or tackle, of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed; or

(k)being any such rope, chain, or tackle, as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or

(l)is a well, or bore for water, or the dam, bank, wall, or floodgate of a millpond or pool;

the offender is guilty of a felony and is liable to imprisonment for seven years.

(8)Deeds and recordsIf the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is guilty of a felony and is liable to imprisonment for seven years.[As amended by No. 26 of 1933]

336. Attempts to destroy property by explosives

Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

337. Communicating infectious diseases to animals

Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a felony and is liable to imprisonment for seven years.

338. Removing boundary marks with intent to defraud

Any person who wilfully and unlawfully, and with intent to defraud, removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land, is guilty of a felony and is liable to imprisonment for three years.

339. Wilful damage, etc., to survey and boundary marks

Any person who—

(a)wilfully removes, defaces or injuries any survey mark or boundary mark which shall have been made or erected by or under the direction of any Government department or in the course of or for the purposes of a Government survey; or

(b)being under an obligation to maintain in repair any boundary mark made or erected as aforesaid, neglects or refuses to repair the same; or

(c)wilfully removes, defaces or injures any mark erected by an intending applicant for any lease, licence or right under an Act relating to mines or minerals;

is guilty of a misdemeanour and is liable to imprisonment for three months or to a fine

Penal Code, 1930

Related documents

Penal Code, 1930

Chapter 87

Part I – General provisions

Chapter IPreliminary

1. Short title

2. Saving of certain laws

Chapter IIInterpretation

3. General rule of interpretation

4. Interpretation

Chapter IIIApplication of this Code

5. Extent of jurisdiction of local courts

6. Liability for offences committed outside the jurisdiction, or partly within and partly beyond the jurisdiction

Chapter IVGeneral 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 coercion

17. Defence of person or property

18. Use of force in effecting arrest

19. ***

20. Person not to be punished twice for same offence

Chapter VParties to offences

21. Principal offenders

22. Offences committed by joint offenders in prosecution of common purpose

23. Counselling another to commit an offence

Chapter VIPunishments

24. Different kinds of punishment

25. Sentence of death

26. Imprisonment

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 in cases of felony

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 VIITreason and other offences

43. Treason

44. Concealment of treason

45. Treason-felony

46. Promoting tribal war

47. ***

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

Chapter I
Preliminary

Chapter II
Interpretation

Chapter III
Application of this Code

Chapter IV
General rules as to criminal responsibility

Chapter V
Parties to offences

Chapter VI
Punishments

Chapter VII
Treason and other offences

Chapter VIII
Offences affecting relations with foreign states and external tranquility

Chapter IX
Unlawful assemblies, riots and other offences against public tranquility

91. ¹Proposing violence or breaches of the law to assemblies

Chapter X
Offences against the administration of lawful authority

Chapter XI
Offences relating to the administration of justice

Chapter XII
Rescues, escapes and obstructing officers of court of law

Chapter XIII
Miscellaneous offences against public authority