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Zambia
Penal Code, 1930
Chapter 87
- Commenced on 1 November 1931
- [This is the version of this document from 26 December 2023.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
- [Amended by Penal Code (Amendment) Act, 2000 (Act 12 of 2000) on 1 September 2000]
- [Amended by Penal Code Act, (Amendment) (No. 2) Act, 2000 (Act 20 of 2000) on 29 December 2000]
- [Amended by Penal Code (Amendment) Act, 2003 (Act 10 of 2003) on 16 September 2003]
- [Amended by Penal Code (Amendment) Act, 2005 (Act 15 of 2005) on 7 October 2005]
- [Amended by Penal Code (Amendment) Act, 2007 (Act 17 of 2007) on 31 August 2007]
- [Amended by Penal Code (Amendment) Act, 2010 (Act 2 of 2011) on 15 April 2011]
- [Amended by Penal Code (Amendment) Act, 2022 (Act 13 of 2022) on 11 August 2022]
- [Amended by Penal Code (Amendment) Act, 2022 (Act 23 of 2022) on 27 December 2022]
- [Amended by Penal Code (Amendment) Act, 2023 (Act 20 of 2023) on 26 December 2023]
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—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—"Community service" means a form of punishment as a condition of suspension of sentence of imprisonment requiring an offender to perform unpaid work within the community where the offender resides for the period specified in the order for community service;[definition of "Community service" inserted by section 2 of Act 12 of 2000]"dwelling-house" includes any building or structure or part of a building or structure or any tent, or caravan or vessel which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house if there is a communication between such building or structure and the dwelling-house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise;"explosive" or "explosive substance" means—(a)nitro-glycerine, dynamite, gun-cotton, blasting powders, gunpowder, fulminate of mercury or other metals, and every other substance or mixture, whether similar to those enumerated herein or not, used with a view to producing a practical effect by explosion; and(b)any detonating, igniter or safety fuse, or article of like nature, any detonator, and every adaption or preparation of an explosive as herein defined;“felony” means an offence which is declared by this Act or any other written law to be a felony or, if not declared to be a misdemeanor, is punishable, without proof of previous conviction with life imprisonment or imprisonment with hard labour for three years or more or with life imprisonment;[definition of “felony” substituted by section 2 of Act 23 of 2022]"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
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
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
13. Intoxication
14. Age of criminal responsibility of child
A child under the age of twelve years is not criminally responsible for an act or omission.[As amended by No. 20 of 1953][section 14 substituted by section 2 of Act 13 of 2022]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
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
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:25. ***
[As amended by No. 26 of 1940 and No. 28 of 1952][section 25 repealed by section 4 of Act 23 of 2022]26. Imprisonment
26A. Sentence of community service
Where an offender has been sentenced to community service, the offender shall perform community work for the period specified in the order for community service and the community service shall be performed in an area where the offender resides.[section 26A inserted by section 4 of Act 12 of 2000]27. ***
[section 27 repealed by section 3 of Act 10 of 2003]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:| 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 |
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:Provided that where a person is convicted of an offence under section two hundred and eighty-one A the court which convicts the person may, in addition to any other penalty imposed under that section, order the person convicted to make compensation to any person who has suffered loss or damage from the convicted person's offence and the order of compensation may include the actual loss suffered and any loss arising from the commission of the offence;Provided that, notwithstanding the proviso to subsection (1) of section one hundred and seventy-five of the Criminal Procedure Code, or any other written law, where a person is ordered to pay compensation for the commission of an offence under Division VIA, the Court may determine the amount of compensation to be awarded but the compensation shall not exceed the value of the property damaged or lost.[Cap. 88][As amended by No. 26 of 1933 and No. 26 of 1940][section 30 amended by section 2(a) and (b) of Act 20 of 2000 and by section 2(a) and (b) of Act 17 of 2007]31. Security for keeping the peace
A person convicted of an offence not punishable with life imprisonment 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:Provided that where a person is convicted of an offence under section two hundred and eighty-one A the court which convicts the person may, in addition to any other penalty imposed under that section, order the person convicted to make compensation to any person who has suffered loss or damage from the convicted person's offence and the order of compensation may include the actual loss suffered and any loss arising from the commission of the offence.[No. 26 of 1933 as amended by No. 18 of 1962][section 31 amended by section 2(a) and (b) of Act 20 of 2000 and by section 5 of Act 23 of 2022]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—34. Deportation within Zambia in cases of felony
35. Provisions as to sentences of deportation
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: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
40. Escaped convicts to serve unexpired sentences when recaptured
41. Absolute and conditional discharge
42. Commission of further offences by offender against whom an order for conditional discharge has been made
Part II – Crimes
Division I – Offences against public order
Chapter VII
Treason and other offences
43. Treason
44. Concealment of treason
Any person who—45. Treason-felony
A person is guilty of treason-felony and shall be liable to imprisonment for twenty years who—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:49. Aiding soldiers or police in acts of mutiny
Any person who—50. Inducing soldiers or police to desert
Any person who, by any means whatever, directly or indirectly—51. Aiding prisoners of war to escape
Any person who—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
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
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
61. Persons deemed to have published a seditious publication
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—64. Other unlawful oaths to commit offences
Any person who—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
67. Publication of false news with intent to cause fear and alarm to the public
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. ***
[No. 6 of 1965][section 69 repealed by section 11 of Act 23 of 2022]70. Expressing or showing hatred, ridicule or contempt for persons because of race, tribe, place of origin or colour
Chapter VIII
Offences affecting relations with foreign states and external tranquility
71. ***
[As amended by S.I. No. 63 of 1964][section 71 repealed by section 12 of Act 23 of 2022]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: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
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
86. 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—91. 1Proposing violence or breaches of the law to assemblies
92. Wrongfully inducing a boycott
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
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—102. Personating public officers
Any person who—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
104A. Conflicting statements on oath
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—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
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—116. Contempt of court
117. Prohibition on taking photographs, etc., in court
Chapter XII
Rescues, escapes and obstructing officers of court of law
118. Rescue
119. Escape from lawful custody
Any person who, being in lawful custody, escapes from such custody, is guilty of a misdemeanour.120. Aiding prisoners to escape
Any person who—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—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
131A. Definition of child
In this Part "child" means a person below the age of sixteen years.[section 131A inserted by section 2 of Act 15 of 2005]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, upon conviction, to imprisonment for a period of not less than fifteen years and may be liable to imprisonment for life.[As amended by No. 26 of 1933 and No. 20 of 1964][section 133 substituted by section 2 of Act 2 of 2011]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 children
Any person who unlawfully takes a child out of the custody or protection of the child's father, mother or other person having lawful care or charge of the child, and against the will of such father, mother or other person, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding ten years.[section 136 substituted by section 3 of Act 15 of 2005]137. Indecent assault
137A. Sexual harassment
138. Defilement of child
139. Defilement of imbecile or person with mental illness
Any person who, knowing a child or other person to be an imbecile or person with a mental illness, has or attempts to have unlawful carnal knowledge of that child or other person in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the child or other person was an idiot or imbecile commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fourteen years and may be liable to imprisonment for life.[As amended by No. 26 of 1933][section 139 substituted by section 5 of Act 15 of 2005]140. Procurring child or other person for prostitution, etc.
Any person who—141. Procurring defilement by threat or fraud or administering drugs
Any person who—142. Householder, etc., permitting defilement of child on 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 permits any child to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any other person, whether such carnal knowledge is intended to be with any particular person or generally, commits a felony and is liable, upon conviction, to imprisomnent for a term of not less than twenty years and may be liable to imprisomnent for life.[section 142 substituted by section 5 of Act 15 of 2005]143. ***
[section 143 substituted by section 5 of Act 15 of 2005 and repealed by section 5 of Act 2 of 2011]144. Detention with intent in premises or brothel
145. Power of search
146. Person living on earnings of prostitution or persistently soliciting
147. Person living on aiding, etc., prostitution of another for gain
148. Power of search
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 commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty five years.[section 149 substituted by section 6 of Act 15 of 2005]150. Conspiracy to defile
Any person who conspires with another person to induce any person or child, by means of any false pretence or other fraudulent means, to permit any other person to have unlawful carnal knowledge of such person or child, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life.[As amended by No. 26 of 1933][section 150 substituted by section 6 of Act 15 of 2005]151. Attempts to procure abortion
Any person who, with intent to procure the miscarriage of a woman or female child, 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 whatsoever, commits a felony and is liable, upon conviction, to imprisonment for a term no exceeding seven years.[section 151 substituted by section 6 of Act 15 of 2005]152. Abortion by pregnant woman or female child
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 or female child, whether she is or is not with child, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fourteen years.[section 153 substituted by section 6 of Act 15 of 2005]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—156. Attempt to commit unnatural offences
Any person who attempts to commit any of the offences specified in section one hundred and fifty-five commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years but not exceeding fourteen years.[As amended by No. 26 of 1933][section 156 substituted by section 8 of Act 15 of 2005]157. Harmful cultural practice
158. Indecent practices between persons of the same sex
159. Incest by males
[heading amended by section 6(a) of Act 2 of 2011]160. Order for guardianship
On the conviction before any court of any person of an offence under section one hundred and fifty-nine, or of an attempt to commit the same, against any child it shall be in the power of the court to divest the offender of all authority over such child, and, if the offender is the guardian of such chlld, 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 child during the child's 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.[section 160 substituted by section 8 of Act 15 of 2005]161. Incest by females
Any female person of or above the age of sixteen years who with consent permits her grandfather, father, brother, uncle, nephew, son or grandson to have carnal knowledge of her knowing him to be her grandfather, father, brother, uncle, son, nephew, or grandson, as the case may be, commits a felony and liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life.[section 161 substituted by section 8 of Act 15 of 2005 and amended by section 7 of Act 2 of 2011]162. Test of relationship
In sections one hundred and fifty-nine and one hundred and sixty-one, "brother" and "sister", respectively, include half-brother, half-sister, step-brother, step-sister, adoptive brother and adoptive 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.[section 162 amended by section 9 of Act 15 of 2005]163. Conviction of incest lawful on charge of rape
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]164A. Prohibition of disclosure of information
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 child
Any person who being the parent, guardian or other person having the lawful care or charge of a child being able to maintain such child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means of support commits an offence and is liable, upon conviction, for a first offence to imprisonment for a term not exceeding three years, or for a subsequent offence to imprisonment for a term not exceeding seven years.[As amended by No. 20 of 1953][section 168 substituted by section 11 of Act 15 of 2005]169. Neglecting to provide food etc. for children
Any person who being the—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
Chapter XVII
Nuisances and offences against health and convenience
172. Common nuisance
173. Watching and besetting
174. Gaming houses
175. Betting houses
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
177A. Child pornography
178. Idle and disorderly persons
The following persons: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.
181. Rogues and vagabonds
The following persons:182. Offences relating to official uniform
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
194. Definition of unlawful publication
Any publication of defamatory matter concerning a person is unlawful within the meaning of this Chapter, unless—195. Cases in which publication of defamatory matter is absolutely privileged
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: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—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
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:205. Killing on provocation
206. Provocation defined
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: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
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—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
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—225. Preventing escape from wreck
Any person who unlawfully—226. Acts endangering railways and persons travelling thereon
227. Trespass on railway
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—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—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
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
246. Obstruction of roads or runways
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.248A. Assault or battering of child
Any person who commits an assault or battery on a child occasioning actual bodily harm commits an offence and is liable, upon conviction, to a term of imprisonment of not less than five years and not exceeding ten years.[section 248A inserted by section 14 of Act 15 of 2005]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—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
265. Definition of theft
266. Special cases
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. ***
[section 275 repealed by section 2 of Act 20 of 2023]275A. Stealing copper cathodes, copper bars, cobalt, lead, zinc or vanadium
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: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 years280. Stealing by agents etc.
If the thing stolen is any of the things following, that is to say: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
281B. Search, seizure and arrest of person in relation to theft of motor vehicle
282. ***
[repealed by Act No. 29 of 1974]Chapter XXVIA
Offences relating to stock
[chapter XXVIA inserted by section 3 of Act 20 of 2023]282A. Interpretation
In this Chapter, unless the context otherwise requires—“stock” includes a horse, mare, gelding, ass, mule, camel, ostrich, ram, ewe, wether, goat, pig, bull, cow, ox or the young of such animal; and“produce” means the whole or any part of any skins, hides, horns or carcass of stock, any wool, mohair, ostrich egg or ostrich feathers.[section 282A inserted by section 3 of Act 20 of 2023]282B. Theft of stock or produce
282C. Procuring, inciting etc. theft of stock or produce
A person who procures, incites, hires, directs, instigates, or colludes with, another person to steal stock or produce commits an offence and is liable on conviction, to the penalty specified under section 282B as if that person had stolen the stock or produce.[section 282C inserted by section 3 of Act 20 of 2023]282D. Possession of stolen stock or produce
282E. Night delivery of stock
A person who, for the purposes of trade, makes or accepts delivery at night of any produce or stock except pig commits an offence and is liable, on conviction—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
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 1993289A. Fraudulently dealing with motor vehicles
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
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
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—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
301. House-breaking and burglary
Any person who—302. Entering dwelling house or other building with intent to commit felony
303. Breaking into building and committing felony
Any person who—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:306. Criminal trespass
Any person who—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
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—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—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—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.
319. Person suspected of having or conveying stolen property
Any person who shall be brought before a court charged with—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
322. Forfeiture on conviction
Chapter XXXIII
Frauds by trustees and persons in a position of trust, and false accounting
323. Trustees fraudulently disposing of trust property
324. Directors and officers of corporations or companies fraudulently appropriating property or keeping fraudulent accounts or falsifying books or accounts
Any person who—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: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: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
329. Attempts to commit arson
Any person who—330. Setting fire to crops and growing plants
Any person who wilfully and unlawfully sets fire to—331. Attempts to set fire to crops, etc.
Any person who—332. Casting away vessels
Any person who—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
335. Punishment for malicious damage in general, etc.
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—340. Penalties for nuisance or trespass on railway works, etc.
Any person who—341. Threats to burn or destroy
Any person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim, or wound any cattle, is guilty of a felony and is liable to imprisonment for ten years.Division VIA – Vandalism to public and private property
Chapter XXXIVA
Punishment for vandalism
[chapter XXXIVA inserted by section 6 of Act 17 of 2007]341A. Interpretation
In this Division, unless the context otherwise requires"aerodrome" has the meaning assigned to it under section two of the Aviation Act;[Cap. 444]"aircraft" has the meaning assigned to it under section two of the Aviation Act;[Cap. 444]"computer" has the meaning assigned to it under section two of the Computer Misuse and Crimes Act, 2004;[Act No. 13 of 2004]"necessary service" includes—(a)any service relating to the generation, supply distribution of electricity;(b)any fire brigade or fire service;(c)any sewage, rubbish disposal or other sanitation service;(d)any health, hospital or ambulance service;(e)any service relating to the supply or distribution of water;(f)any service relating to the production, supply, delivery or distribution of fuel;(g)mining;(h)any communications service;(i)any road, railway, bridge, dam, ferry, pontoon, harbour, dock or canal; and(j)any service relating to the aviation of aircraft;"railway" has the meaning assigned to it under section three of the Railways Act;[Cap. 453]"road" has the meaning assigned to it under section two of the Public Roads Act, 2002;"sanitation service" has the meaning assigned to it under section two of the Water Supply and Sanitation Act, 1997;[Act No. 12 of 2002]"sewage" has the meaning assigned to it under section two of the Water Supply and Sanitation Act, 1997;[Act No. 28 of 1997]"traffic signal" has the meaning assigned to it under section two the Public Roads Act, 2002;"traffic sign" has the meaning assigned to it under section two of the Public Roads Act, 2002; and[Act No. 28 of 1997]"vandalise" means wilfully or maliciously destroying, damaging, defacing, disabling, or in any way disrupting the functioning of or impairing public or private property and in the case of a computer includes, but is not limited to, acts such as the interference with, interruption or obstruction of the lawful use of a computer by means of a computer virus or otherwise and the causing of a direct or indirect degradation, failure, or other impairment of function of a computerised system or any part thereof by means of a computer virus or otherwise.[Act No. 28 of 1997; Act No. 12 of 2002][section 341A inserted by section 6 of Act 17 of 2007]341B. Jurisdiction of High Court
The High Court shall have jurisdiction to try offences under this Division.[section 341B inserted by section 6 of Act 17 of 2007]341C. Non-application of section 26(2) of Penal Code
Subsection (2) of section twenty-six shall not apply to this Division[Cap.87][section 341C inserted by section 6 of Act 17 of 2007]341D. Vandalism of public or private property necessary or incidental to provision of necessary service
341E. Vandalism of public buildings, infrastructure, etc.
Any person who vandalises—341F. Vandalism of computer or computerised system
Notwithstanding the provisions of the Computer Misuse and Crimes Act, 2004, any person who for any purpose vandalises a computer or a computerised system commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding fifteen years:Provided that where a computer is vandalised and such computer contains programs or data which the offender knew or ought reasonably to have known is necessary for or used directly in connection with341G. Vandalism of traffic signs and traffic signals
Any person who vandalises any traffic sign or traffic ignal commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years:Provided that where the vandalism causes the death of any person, the offender shall, on conviction, be liable to imprisonment for life.[section 341G inserted by section 6 of Act 17 of 2007]341H. Vandalism of navigation signs and signals on water way
341I. Offence by body corporate, etc.
341J. Attempts to vandalise property
Any person who attempts to commit an offence under this Division, commits a felony, and is liable, on conviction, to imprisonment for eight years.[section 341J inserted by section 6 of Act 17 of 2007]341K. Aiding, abetting, soliciting, etc.
Any person who aids, abets, counsels, procures, incites or solicits the commission of an offence under this Division, commits a felony and is liable, on conviction, to the same penalties as if that person had been convicted of the offence.[section 341K inserted by section 6 of Act 17 of 2007]341L. Threats to vandalise
Except as provided under section three hundred and forty one, any person who, in any manner, threatens to vandalise any property commits a felony and is liable, on conviction, to imprisonment for five years.[section 341L inserted by section 6 of Act 17 of 2007]341M. Cognizable offences
Any person who commits an offence under this Division commits a cognizable offence.[section 341M inserted by section 6 of Act 17 of 2007]341N. Forfeiture
Division VII – Forgery, coining, counterfeiting and similar offences
Chapter XXXV
Definitions
342. Definition of forgery
Forgery is the making of a false document with intent to defraud or to deceive.[As amended by No. 26 of 1940]343. Definition of document
In this Division, "document" does not include a trade mark or any other sign used in connection with articles of commerce though they may be written or printed.344. Making a false document
Any person makes a false document who—344A. Intent to deceive
An intent to deceive exists where one person induces another person—345. Intent to defraud
An intent to defraud is presumed to exist if it appears that, at the time when the false document was made, there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document.Chapter XXXVI
Punishments for forgery
346. Definition of currency notes
In this Chapter, "currency notes" includes any notes (by whatever name called) which are legal tender in the country in which they are issued.[No. 48 of 1938]347. General punishment for forgery
Any person who forges any document is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for three years.348. Forgeries punishable by imprisonment for life
Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for life and the court may in addition order that any such document as aforesaid shall be forfeited.[As amended by S.I. No. 63 of 1964]349. Forgery of judicial or official document
Any person who forges any judicial or official document is liable to imprisonment for seven years.350. Forgeries punishable by imprisonment for seven years
Any person who—351. Making or having in possession paper or implements for forgery
Any person who, without lawful authority or excuse, the proof whereof lies upon him—352. Uttering false documents
Any person who knowingly and fraudulently utters a false document is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the thing in question.353. Uttering cancelled or exhausted documents
Any person who knowingly utters as and for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.354. Procuring execution of documents by false pretences
Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another to sign or execute the document, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.355. Obliterating crossings on cheques
Any person who, with intent to defraud—356. Making documents without authority
Any person who, with intent to defraud or to deceive—357. Demanding property upon forged testamentary instrument
Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document or thing by virtue whereof he procures the delivery or payment.358. Purchasing forged notes
Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of a felony and is liable to imprisonment for seven years.359. Falsifying warrants for money payable under public authority
Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of a felony and is liable to imprisonment for seven years.360. Falsification of register
Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of a felony and is liable to imprisonment for seven years.361. Sending false certificate of marriage to registrar
Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of a felony and is liable to imprisonment for seven years.362. False statements for registers of births, deaths and marriages
Any person who, knowingly and with intent to procure the same to be inserted in a register of births, deaths, or marriages, mato any false statement touching any matter required by law to be registered in any such register, is guilty of a felony and is liable to imprisonment for three years.Chapter XXXVII
Offences relating to coin
363. Definitions of counterfeit coin and current coin
In this Chapter—"counterfeit coin" means coin not genuine but resembling or apparently intended to resemble or pass for genuine current coin; and includes genuine current coin prepared or altered so as to pass for current coin of a higher denomination;"current", applied to any coin, includes any coin coined in Zambia or lawfully current in Zambia or any coin lawfully current in any foreign country.[No. 48 of 1938 as amended by S.I. No. 63 of 1964]364. Counterfeiting coin
Any person who makes or begins to make any counterfeit coin is guilty of a felony and is liable to imprisonment for life.[As amended by No. 48 of 1938]365. Preparations for coining
Any person who—366. Clipping
Any person who deals with any current coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as current coin is guilty of a felony and is liable to imprisonment for seven years.[As amended by No. 48 of 1938]367. Melting down of currency
Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark, or uses otherwise than as currency, any silver coin current for the time being in Zambia, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units, or to both.[As amended by Act No. 26 of 1940 and No. 13 of 1994]368. Possession of clippings
Any person who unlawfully has in his possession, or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with current gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of a felony and is liable to imprisonment for seven years.369. Uttering counterfeit coin
Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of a misdemeanour.[As amended by No. 48 of 1938]370. Repeated uttering
Any person who—371. Uttering foreign coin or metal as current coin
Any person who, with intent to defraud, utters as and for current coin—372. Exporting counterfeit coin
Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board of a vessel or vehicle of any kind for the purpose of being exported from Zambia, any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a felony and is liable to imprisonment for fourteen years.[As amended by No. 48 of 1938]373. Forfeiture
When any person is convicted of an offence under this Chapter, or Chapter XXXVI, the court shall order the forfeiture of any forged bank note or currency note or of any counterfeit coin, or any stamp, mould, tool, instrument, machine, press, or any coin, bullion or metal used or employed in the commission of any such offence.[As amended by No. 48 of 1938 and S.I. No. 63 of 1964]Chapter XXXVIII
Counterfeit stamps
374. Possession of die used for purpose of making stamps
Any person who, without lawful authority or excuse, the proof of which lies on him—375. Paper and dies for postage stamps
Chapter XXXIX
Counterfeiting trade marks
376. Definition of trade mark
A trade mark is—377. Counterfeiting trade marks a misdemeanour
Chapter XL
Personation
378. Personation in general
379. Falsely acknowledging deeds, recognizances, etc.
Any person who, without lawful authority or excuse, the proof of which lies on him, makes in the name of any other person, before any court or person lawfully authorised to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, is guilty of a misdemeanour.380. Personation of person named in certificate
Any person who utters any document which has been issued by lawful authority to another person, and whereby that other person is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.381. Lending, etc., certificate for personation
Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives, or lends the document to another person with intent that that other may represent himself to be the person named therein, is guilty of a misdemeanour.382. Personation of person named in testimonial of character
Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, is guilty of a misdemeanour and is liable to imprisonment for one year.383. Lending, etc., testimonial for personation
Any person who, being a person to whom any such document as is mentioned in the last preceding section has been given, gives, sells, or lends such document to another person with the intent that that other person may utter such document for the purpose of obtaining any employment, is guilty of a misdemeanour.Division VIII
Chapter XLI
384. ***
[repealed by Act 14 of 1980]385. ***
[repealed by Act 14 of 1980]386. ***
[repealed by Act 14 of 1980]387. ***
[repealed by Act 14 of 1980]388. ***
[repealed by Act 14 of 1980]Division IX – Attempts and conspiracies to commit crimes, and accessories after the fact
Chapter XLII
Attempts
389. Definition of attempt
390. Attempts to commit offences
Any person who attempts to commit a felony or misdemeanour is guilty of an offence which, unless otherwise stated, is a misdemeanour.391. Punishment of attempts to commit certain felonies
Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of life imprisonment imprisonment for a term of fourteen years or upwards, with or without other punishment, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years.[section 391 amended by section 17 of Act 23 of 2022]392. Attempts to procure commission of criminal acts
393. Neglect to prevent commission of a felony
Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour.Chapter XLIII
Conspiracies
394. Conspiracy to commit felony
Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Zambia would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.395. Conspiracy to commit misdemeanour
Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Zambia would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour.396. Other conspiracies
Any person who conspires with another to effect any of the purposes following, that is to say:Chapter XLIV
Accessories after the fact
397. Definition of accessories after the fact
398. Punishment of accessories after the fact to felonies
Any person who becomes an accessory after the fact to a felony is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for three years.399. Punishment of accessories after the fact to misdemeanours
Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour.History of this document
26 December 2023 this version
Amended by
Penal Code (Amendment) Act, 2023
27 December 2022
11 August 2022
15 April 2011
31 August 2007
07 October 2005
16 September 2003
29 December 2000
01 September 2000
31 December 1996
Consolidation
Read this version
01 November 1931
Commenced
Subsidiary legislation
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Title
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| Prohibited Publication Order, 1996 | Statutory Instrument 33 of 1996 |
| Prohibited Publication Order | Statutory Instrument 46 of 1981 |