THE CRIMINAL PROCEDURE ACT, 1985
ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Limitation of Application.
4. Procedure to be adopted for trial of offences.
PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS
A.-Arrest, Escape and Recapture and Search Warrants and Seizure
(a) Preliminary
5. When person is under restraint and in lawful custody.
6. Application of this Part to Police Officers.
7. Duty to give information on crimes and sudden deaths.
8. Inquiries into death.
9. Information relating to the commission of an offence to be
given orally or in writing.
10. Investigation by police officer.
(b) Arrests and Warrant of Arrest
11. Arrest, how made.
12. No unnecessary restraint.
13. Warrant for arrest.
14. Arrest by police officer without warrant.
15. Procedure when police officer deputes a subordinate to arrest
without warrant.
16. Arrest without warrant by private persons.
17. Arrest by Magistrate.
18. Magistrate may arrest person for an offence committed in
his presence.
19. Right of entry into any place in order to effect arrest.
20. Power to break out of any place for purposes of liberation.
21. Use of force m making arrest.
22. Certain arrests not to be taken to be unlawful.
23. Person to be informed grounds of arrest.
24. Search of arrested person.
25. Power of the police officer to detain and search vehicles.
26. Mode of searching women.
27. Power to seize offensive weapons.
28. Arrest of vagabonds, habitual robbers, etc.
29. Refusal to give name and address.
Disposal of persons arrested by police officer.
Disposal of persons arrested by private persons.
Detention of persons arrested.
Police to report apprehensions.
30.
31.
32.
33.
1
2 No. 9 Criminal Procedure 1985
(c) Escape and Retaking
34. Recapture of persons escaping.
35. Provisions of sections 20 and 21 to apply to arrests under
section 34.
36. Duty to assist magistrate or police officer in prevention of
escape of arrested, person.
37. Compensation for injuries, losses or death resulting from
assisting magistrate, police officer, etc.
(d) Search Warrants and Seizure
38. Power to issue search warrant or authorize search.
Things connected with an offence.
Execution of search warrant.
Search and seizure.
39.
41.
42. 43. Persons in charge of closed places to allow ingress thereto
and egress, therefrom.
44. Detention of property seized.
45. Provisions applicable to search warrants.
B.- Powers and Duties of Police Officers when Investigating
Offences
Requirement to furnish name and address.
Police to prevent breaches of the peace or arrestable offences.
46.
47.
(b) Duration of Custodial Investigation by Police
48.
Restriction on questioning person, etc.
49. When person not to be taken under restraint.
50.
Periods available for interviewing a person.
51.
Where custodial investigation cannot be completed within four
hours.
(c) Duties when Interviewing Suspects
52. Questioning suspect persons.
Persons under restraint to be informed of right.
Communication with lawyer, relative or friend.
Treatment of persons under restraint.
Special duties when interviewing children.
53.
54.
55.
56.
(d) Recording of Interview
Records of interview.
Statements by suspects.
57.
58.
(c) Other Investigative Actions
59. Power to take fingerprints, photos, etc.
60. Identification parades.
Persons convicted on mistaken identity to be compensated.
Minister to make regulations.
Medical examination.
61.
62.
63.
(a) Preliminary Provisions
Searches in emergencies.
40.
No. 9 Criminal Procedure 1985 3
(f) Release and Police Bail
64. Police bail.
Criteria for granting police bail.
Conditions of police bail.
Refusal to grant police bail.
Revocation of police bail.
Breaches of conditions of bail.
65.
66.
67.
68.
69.
PART III
POWER OF THE COURT IN RELATION To PREVENTION OF OFFENCES
(a) Security for Keeping the Peace and for Good Behavior
70. Power of magistrate to require a person to execute a bond.
71. Security for good behaviour from persons disseminating
seditious matters.
Security for good behaviour from suspected persons.
Security for good behaviour from habitual offenders.
72.
73.
74. Order to be made.
75. Procedure in respect of persons present in court.
Procedure in respect of persons; not present in court.
Copy of order to accompany summons or warrant.
Power to dispense with personal attendance.
Inquiry as to truth of information.
76
71.
78.
79.
80. Order to give security.
81. Discharge of persons informed against.
(b) Proceedings Subsequent to Order to Furnish Security
Commencement of period for which security is required.
Contents of the bond.
82.
83.
84. Power to reject sureties.
Procedure on failure to give security.
Power to release persons imprisoned for failure to give security.
Power of the High Court to cancel bond.
Discharge of sureties.
85.
86.
87.
88.
PART IV
CONTROL OF CRIMINAL PROCEEDINGS
A.-The Director of Public Prosecutions
89. Director of Public Prosecutions.
90. Powers of the Director of Public Prosecutions.
91. Power of the Director of Public Prosecutions to enter nolle
prosequi.
92. Delegation of power by the Director of Public Prosecutions.
93. Criminal informations by the Director of Public Prosecutions.
94. Offences by foreigners committed within territorial waters
to be prosecuted only with leave of D.P.P.
4 No. 9 Criminal Procedure 1995
B.-Appointment of Public Prosecutors and Conduct of Prosecutions
95. Power to appoint public prosecutors.
96. Certain offences may be prosecuted by public officers.
97. Powers of public prosecutors.
98. Withdrawal from prosecutions in trial before subordinate courts
99. Permission to conduct prosecutions and title of summary proceedings.
PART V
INSTITUTION OF PROCEEDINGS
A.-Process to Compel the Appearance of Accused Person
(a) Summons
100. Form and contents of summons.
101. Service of summons.
102. Service when person summoned cannot be found.
Procedure when service cannot be affected as before provided.
Service on servant of Government.
103.
104.
105. Service on company.
106. Appearance by corporations/plea of not guilty to be entered
when representative does not appear.
Service outside local limits; of jurisdiction.
Proof of service when serving officer not present.
Appearance by corporation.
107.
108.
109.
(b) Warrants of Arrest
110. Warrant after issue of summons.
111. Disobedience to summons .
Form, contents and duration of warrants.
Power to direct security to be taken.
112.
113.
114. Warrants, to whom directed.
Warrant may be directed to landholders.
Execution of warrants directed to police officer.
115.
116.
117. Modification of substance of warrant.
118. Persons arrested to be brought before the court without delay.
119. Where warrant of arrest may be executed.
120. Forwarding of warrants for execution outside jurisdiction.
121. Procedure in case of warrant directed to police officer for
execution outside jurisdiction.
Procedure on arrest of persons outside jurisdiction.
Irregularities in warrants.
122.
123.
(c) Miscellaneous Provisions Regarding Process
124. Power to take bond appearance.
125. Arrest for breach of bond for appearance.
126. Power of court to order prisoner to be brought before it.
127. Provision of this Part generally applicable to summonses and
warrants, Power of Justices of Peace.
ceedmgs.
No. 9 Criminal Procedure 1985 5
B. -Proceedings
(a) Making a Complaint
Institution of proceedings.
Power of magistrate to reject complaint of formal charge.
Issue of summons of warrant.
128.
129.
130.
(b) The Formal Charge
Persons charged to be cautioned.
Offence to be specified in charge with necessary particulars.
131.
132.
133. Joinder of counts in a charge or information.
134. Joinder of two or more accused in one charge or information.
Mode in which offences are to be charged.
Case of two or more persons charged.
135.
136.
(c) Previous Convictions or Acquittal
137. Persons convicted or acquitted not to be tried again for the
same offence.
Person may be tried again for separate offence.
Consequences supervening or not known at a time of form trial.
138.
139.
140. Where original court was not competent to try subsequent
charge.
141. Previous conviction, bow proved.
(d) Compelling Attendance of Witness
Summons for witness.
Warrant for witness who disobeys summons.
142.
143.
144. Warrant for witness in first appearance.
145. Mode of dealing with witness arrested under warrant.
146. Power of court to order prisoner to be brought up for examination.
147. Penalty for non-attendance of witness.
(e) Provisions as to Ball, Recognizances and Bonds
Bail in certain cases.
Power of the High Court to vary terms of bail by lower court
Change of circumstances after grant of bail.
Execution of bonds.
Discharge from custody.
148.
149.
150.
151.
152.
153. Deposit instead of bond.
Power to order sufficient bail when that first taken is insufficient.
Discharge of sureties.
Death of surety.
154.
155.
156.
157. Persons bound by recognizances absconding or breaking
condition of bail may be arrested.
Persons absconding or breaking condition of bail not to be
considered for further bail.
158.
6 No. 9 Criminal Procedure 1985
159. Punishment for breaking or trying to break condition of bail.
160. Forfeiture of recogzanince.
Appeal from and revision of orders.
Power to direct levy of amount due on certain recognizances.
Reconciliation in certain cases.
116612..
163.
PART VI
TRIALS
1.- GENERAL PROVISIONS RELATING TO TRIALS
A.- Powers of Courts
(a) Powers Generally
Offences, under Penal Code.
Offences under other laws other than the Penal Code.
Sentences which High Court may pass.
164.
165.
166.
167. Combination of sentences.
168. Sentences in cases of conviction of two or more offences at
one trial.
169. Exclusion of evidence illegally obtained.
(b) Subordinate Courts
170. Sentences which a sut ordinate court may pass.
171. When subordinate court may commit to High Court for
sentence.
172. Release on bail pending confirmation and powers of confirming.
(c) Extended Jurisdiction of Subordinate Courts
173. Extended jurisdiction.
174. Trials to be with aid of assessors.
Confirmation of sentences of death In certain cases.
Record and report to be sent to the President.
175.
176.
B -Of Trials Generally
(a) Place of Inquiry of Trial
177. General authority of Courts of Tanzania.
178. Power of High Court.
179. Place and date of sessions of the High Court.
180. Ordinary place of inquiry and trial.
181. Trial at place where act done or where consequence of offence
ensue.
Trial where offence is connected with another offence.
Trial where place of offence is uncertain.
182.
183.
No. 9 Criminal Procedure 1985 7
Offence committed on a journey.
High Court may decide appropriate court in cases of doubt.
184.
185.
186. Court to be open court.
Exclusion of children from attending court proceedings.
Court may prohibit publication of names, etc., of witnesses.
187.
188.
(b) Transfer of Cases
189. Transfer of case where Offence committed outside jurisdiction.
Transfer of cases between magistrates.
Power of High Court to change venue.
190.
191.
(c) Accelerated Trial
192. Preliminary hearing to determine matters not in dispute.
193. Person charged with a warrant offence may plead guilty
without court appearance.
194. Procedure where accused desires to plead guilty to an arrestable
offence.
C.-Examination of Witnesses
(a) General Provisions
195. Power to summon material witness.
196. Evidence to be taken in presence of accused.
Evidence may be given in absence of accused if he is disruptive.
Evidence to be given on oath.
197.
198.
199. Refactory witness.
200. Procedure where accused is the only one called for defence.
201. Right of reply.
202. Certificate regarding the Preparation of photographic prints,
etc. receivable in evidence.
Report of Government analyst.
Report of fingerprint expert.
Report of handwriting expert.
203.
204.
205.
(b) Issue of Commission for Examination of Witness
Issue of Commission.
Parties may examine witnesses.
Return of Commission.
Adjournment of proceedings.
206.
207.
208.
209.
(c) Taking and Recording of Evidence
Manner of recording of evidence before magistrate.
Interpretation of evidence to accused or his advocate.
Remarks respecting demeanor of witness.
210.
211.
212.
213. Procedure in case of minor offenes.
214. Conviction or committal where proceedings heard Partly by one
magistrate and Partly by another
215. Manner of recording evidence in the High Court.
8 No. 9 Criminal Procedure 1985
D.-Procedure in Case of Insanity or incapacity of an Accused Person
216. Prosecutor to give or adduce evidence before inquiry by court
as to insanity of accused.
217. Procedure when accused certified as capable of making defence.
Resumption of trial or inquiry.
Defence of insanity at trial.
218.
229.
Courts power to inquire into insanity.
Procedure when accused does not understand proceedings.
220.
221.
PART VII
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS
(a) Provisions relating to the Hearing and Determination of Cases
Non-appearance of complainant at hearing.
Appearance of both parties.
222.
223.
224. Withdrawal of complaint.
Adjournment and remand of accused.
Non-appearance of parties after adjournment.
225.
226.
227. Accused may be convicted and sentenced notwithstanding his
absence.
228. Accused to be called upon to plead.
229. Procedure on plea of ''not guilty''-
Discharge of accuse 1 person when no case to answer.
The defence
Evidence in reply.
230.
231.
232.
Order of speeches.
Variance between charge and evidence and amendment of
233.
234.
charge.
235. The decision.
Evidence relative to proper sentences or order.
Taking other offences, into consideration.
236.
237.
238. Drawing conviction or order.
Order of dismissal bar to further charge.
Statements by medical witness.
239.
240.
(b) Limitations and. Exceptions Relating and Trial Before Subordinate
Courts
241. Limitation of time for summary trials in certain cases.
242. Procedure in case of offence proving unsuitable for summary
trial.
(iii) Provisions Relating to Committal of Accused Persons for Trial to
the High Court
(a) Committal of Accused Persons By Subordinate Courts
244. Court to hold committal proceedings
245. Procedure on arrest.
246. Committal for trial by Court.
247. Witnesses for prosecution and defence.
248. Adjournment of proceedings.
243. Power to commit for trial.
No. 9 Criminal Procedure 1985 9
249. Accused entitled to copy of proceedings.
250. Court may bind witness to appear at trial.
251. Refusal to be bound over.
(b) Preservation of Testimony in Certain Cases
252. Taking deposition of person dangerously ill or unable to
attend trial.
253. Notice to be given.
254.
statements.
255. Use of statements in evidence.
(c) Proceedings after Committal for Trial
256. Transmission of records to the High Court.
257. Notice of Trial.
258. Copy of information and notice of trial to be served.
259. Returns of service.
260. Postponement of trial.
261. Information to be signed by the Director of Public Prosecutions.
Form of information.
Witnesses to be summoned.
262.
263.
PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT
(a) Practice and Mode
264. Practice of the High Court in its criminal jurisdiction.
265. Trial before High Court to be wit ii assessors.
(h) Assessors
266. Liability to serve as assessor.
267. Exemption.
268. No exemption by sex or marriage from liability to serve as
assessor.
(c) Attendance of Assessors
269. Summoning assessors.
270. Form of summons.
271. Objections to summons to serve as assessor.
272. Excuses.
List of assessors attending.
Penalty for non-attendance of assessors.
273.
274.
(d) Arraignment
275. Pleading to information.
276. Orders for amendment of information, separate trial and
postponement of trial.
Quashing of information.
Procedure in case of Previous convictions.
277.
278.
279. Plea of not ''guilty''.
280. Plea of aurefois acquit and autrefois convict.
10 No. 9 Criminal Procedure 1985
281. Refusal to plead.
282. Plea of guilty.
283. Proceedings after plea of not guilty.
285. Power to postpone or adjourn proceedings.
(c) Selection of Assessors
285. Selection of assessors.
286. The absence of assessor.
287. Assessors to attend at adjourned sittings.
(f) Case for the Prosecution
288. Opening case for prosecution
289. Additional witnesses for prosecution.
290. Cross-examination of witnesses for the prosecution.
Statement by medical witnesses.
Statement or evidence of accused.
Close of case for prosecution.
291.
292.
293.
(g) Case for the Defence
294. The defence.
Additional witnesses for the defence.
Prosecutor's reply.
295.
296.
297. Where accused person does not give evidence.
(h) Close of Hearing
298. Delivery of opinions by assessors and giving of judgment.
299. Conviction where proceedings heard partly by one judge and
partly by another.
PART IX
(i) CONVICTIONS, JUDGMENTS , SENTENCES AND THEIR EXECUTIONS
IN THE
A.-Miscellaneous Provision Relating to Convictions
When offence proved is included in offence charged.
Person charged with any offence may be convicted of attempt.
300.
301.
302. Alternative verdicts in various charges involving the homicide
of children.
303. Alternative verdict tinder Cap. 168 in certain manslaughter
charges.
304. Alternative verdicts in charges of rape and kindred offences.
305. Person charged with burglary, etc, may be convicted of kindred
offence.
306. Alternative verdicts in charges of stealing and kindred offences.
307. Alternative verdicts in charges of being in possession of property
suspected of having been corruptly acquired.
308. Construction of section 312 to 319.
309. Person charged with a warrant offence not to be acquitted if a
warrant offence proved.
310. Right of an accused to be defended.
No. 9 Criminal Procedure 1985 11
Be-Judgment Generally
311. Mode of delivery of judgment.
312. Contents of judgment.
Copy of judgment, etc, to be given to the accused or any
interested party on application.
313.
C.-Sentences
(a) Pawing sentence in the High Court
Calling on the accused.
Motion in arrest of judgment.
314.
315.
316. Sentence.
Power to reserve decisions on questions raised at trial.
Power to reserve questions arising in the course of the trial.
317.
318.
319. Objections cured by judgment.
Evidence for arriving at proper sentence.
Taking other offence into consideration.
320.
321.
(b) Sentence of Death
Sentence of death.
Accused to be informed of right to appeal.
322.
323.
324. Authority for detention.
325. Report and record to be sent to President.
(e) Other Sentences
326. Suspension of sentences in case of first offenders.
(d) Execution of Sentences
Warrant in case of sentence of imprisonment.
Warrant for levy of fine.
327.
328.
329. Objections to attachment.
330. Suspension of execution of sentence of imprisonment in default
of fine.
Commitment for want of distress.
Commitment in lieu of distress.
Payment in full after commitment.
Part payment after commitment.
Who may issue warrant.
Limitation of imprisonment.
331.
332.
333.
334.
335.
336.
D.- Miscellaneous Provisions in dealing with offenders
(a) First Offenders
337. Power to release upon probation instead of sentencing to
punishment.
338. Provisions in case of offender failing to observe conditions
of his recognizance.
Conditions as to abode of offender.
Sections 318, 390 and 350 not to apply in certain circumstances.
339.
340.
12 No. 9 Criminal Procedure 1985
(b) Previously Convicted Offenders
341. Person twice convicted may be subjected to Police supervision
Requirements from person subject to police supervision.
Failure to comply with requirements.
342.
343.
E.-Defects in Order of Warrant
344. Errors and omissions, in order, and Warrants.
F.- Miscellaneous Powers of the Court to order compensations, costs,
forfeiture, etc.
(a) Costs and Compensation
345. Costs against accused.
346. Order to pay costs appealable.
347. Compensation in case of frivolous or vexatious charge.
348. Power to order accused to pay compensation.
349. Costs and compensation to be specified in order, how
recoverable.
350. Power of courts to award expenses or compensation out of fine.
(b) Forfeiture
351. Power to order forfeit ire of property.
352. Warrant of search for forfeited or confiscated articles.
(c) Disposal of Exhibits
353. Disposal of exhibits.
354. Disposal of obscene or defamatory publication of noxious or
adulterated food, et c.
355. Person disposed of property may have it restored.
356. Public officer connected with sale of property not to purchase
or bid for the property.
G.- Restitution of Property
357. Property found on accused person.
358. Property stolen.
PART X
APPEALS
(a) Appeals Generally
359. Appeal to High Court.
360. No appeal on a plea of guilty.
361. Limitation.
362. Petition of Appeal.
363. Appellant in Prison.
364. Summary rejection of appeal.
365. Notice of time, place of hearing.
366. Powers of High Court.
367. Order of the High Court to be certified to lower court.
No. 9 Criminal Procedure 1985 13
368. Suspension of sentences and admission to bail pending appeal.
369. Further evidence.
370. Number of Judges on appeal.
371. Abatement of appeals.
(b) Revision
372. Power to the High Court to call for records.
373. Power of the High Court in revision.
374. Discretion of Court as to hearing parties.
375. Number of Judges on revision.
376. High Court Order to be certified to lower court.
(c) Appeals by the Director of Public Prosecutions
377. Interpretation.
378. Appeals by the Director of Public Prosecutions.
379. Limitation.
380. Petition of appeal.
381. Notice of time, place and hearing.
382. Powers of the High Court on an appeal.
383. Non-attendance of parties.
384. Further evidence.
385. Number of Judges on appeal.
386. Abatement of Appeals.
PART XI
SUPPLEMENTARY PROVISIONS
(a) Irregular Proceedings
387. Proceedings in wrong places.
388. Finding or sentence when reversible by reason of error or
omission in charge or other proceedings.
389. Distress not illegal nor distrainer or a trespasser for defector want
of form in proceedings.
(b) Directions in nature of Habeas Corpus and Writs.
390. Power to issue directions of the nature of habeas corpus.
391. Power of the High Court to issue writs.
(c) Miscellaneous
392. Persons before whom affidavits may be sworn.
393. Copies of proceedings.
394. Forms.
395. Expenses of assessors, witnesses, etc
396. Repeal of Cap. 20.
397. Amendment of Police Force ordinance.
398. Probation of Offenders Ordinance amended.
SCHEDULES
16 No. 9 Criminal Procedure 1985
''non-warrant offence'' means an offence for which a police officer may
arrest without a warrant;
"officer in charge of a police station'' includes any officer superior in
rank to an officer in charge of a police station and also includes,
when the officer in charge of the police station is absent from the
station house or unable from illness or other cause to perform his
duties, the police officer present at the station house who is next in
rank to that officer and is above the rank of constable or, when the
Minister for the time being responsible for home affairs so directs,
any police officer so present;
Cap. 16 ''Penal Code'' means Chapter 16 of the Laws of Tanzania;
"police officer'' includes any member of the police force and, includes
any member of the people's militia when exercising police functions
in accordance with the law for the time being in force;
"public prosecutor'' means any person appointed under section 95 and
includes the Director of Public Prosecutions, the Attorney-General,
the Deputy Attorney-General, a Parliamentary Draftsman, a State
Attorney and any other person acting in criminal proceedings under
the directions of the Director of Public Prosecutions;
''subordinate court'' means any court other than a court martial, which
is subordinate to the High Court;
"summary trial" means a trial held by a subordinate court under Part VII
of this Act;
''Village Council'' means a Village Council established under section 22 of
Acts, 1984 the Local Government (District Authorities) Act, 1982;
No. 7
''warrant Offence" means an offence for which a police officer may not
arrest without warrant.
3.-(1) Subject to sub-section (2), nothing in this Act shall apply to
any primary court or primary court magistrate or to the High Court,
a district court or a resident magistrate's in the exercise of their
limitation
of applica.
tion respective appellate, revisional, superv. isory, or other jurisdiction and
Acts, 1984 powers under Part III of the Magistrates' Courts Act, 1984.
No. 2
(2) Notwithstanding the provisions of sub-section (1)-
(a) the reference to a court in sections 27, 29, 30 32 and 141 and the
reference to a subordinate court in section 242 shall include reference
to a primary court;
(b) the reference to a magistrate in sections 36 and 70 to 88 shall
include a reference to a primary court magistrate;
(c) the Director of Public Prosecutions and any person lawfully authorized
by him, may exercise any of the powers conferred on
him by section 90 and 91 in respect of proceedings in a primary
court proceedings in the High Court or a district court under Part
III of the Magistrates' Courts Act, 1984; save that nothing in this
paragraph shall be construed as derogating from the provisions
of section 29 of the Magisrates' Courts Act, 1984;
(d) the provisions of sections 137, 138, 129 and 140 shall apply to,
and the High Court may exercise jurisdiction under section 148 (3),
402 and 403 in respect of, primary courts.
No. 9 Criminal Procedure 1985 17
(3) In this section ''primary court" ''district court'' and ''resident magistrate's
court'' have the meanings respectively assigned to those expressions
in the Magistrates' Courts Act, 1984.
4.-(1) All offences under the Penal Code shall be inquired into, tried cap. 16
and otherwise dealt with according to the provisions of this Act.
(2) All offences under any other law shall be inquired into, tried and Protcoed buree otherwise dealt with according to the provisions of this Act, except where adopted
that other law provides differently for the regulation of the manner or
place of investigation into, trial or dealing in any other way with those
offences.
PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS
A.-Arrest, Escape and Recapture, Search Warrants and
Seizure
(a) Preliminary Provisions
5.-(1) For the purposes of this Act, a person shall be under restraint when person if he is in the company of a police officer for a purpose connected with is under
tthoe l einavvees itfi ghaet iwonis hoef da nto o dffoe snoc,e w ahnedt htheer opro nliocte tohfef ipcoelri cwe oouflfdic nero th aasll o rwea hsoim- l aarwensdftru ailinnt
nable grounds for believing that that person has committed an offence, custody
and whether or not he is in lawful custody in respect of the offence.
(2) For the purposes of this Act, a person shall be in lawful custody if-
(a) he is under restraint as a result of his having been lawfully arrested;
or,
(b) he is under restraint in respect of an of fence and the police officer -
(i) believes on reasonable grounds that he has committed the
offence and
(ii) would be authorized under section 14 to arrest him for the
offence.
(3) A person shall not be under restraint if he is in the company of a police
officer by the road side whether or not he. is in a vehicle, for a purpose
connected with the investigation of an offence, not being a serious offence,
arising out of the use of a motor vehicle.
(4) For the purposes of this section, a person shall be deemed to be in
the company of a police officer for a purpose connected with the investigation
of an offence if the person is waiting at a place at the request of
a police officer for such a purpose.
6.-(1) Every police officer shall, in exercising the powers conferred Application
on him, and in performing the duties imposed on him, as a police officer of this
comply with the provisions of this Part. part to police
officers
for trial
of offences
18 No. 9 Criminal Procedure 1985
(2) Where a police officer contravenes or fails to comply with a provision
of this Part which is applicable to him, the contravention or failure
shall not be punishable as an offence against this Act unless a penalty,
is expressly provided in respect of the contravention or failure.
(3) Nothing in this section shall be construed as a contravention of,
or a failure to comply with, a provision of this Part by a police officer-
Cap. 322 (a) constituting, under the Police Force Ordinance, a breach of discipline
by the police officer for which he may be dealt with under
that Ordinance;
(b) constituting grounds for the exclusion of evidence under section
169; or
(c) constituting grounds for the institution of civil proceedings.
Duty to 7.-(1) Every person who is or becomes awaregive
(a) of the commission of or the intention of any other person to commit
any offence punishable under the Penal Code; or
information
on crimes and sudden
deaths (b) of any sudden or unnatural death or death by violence or of any
death under suspicious circumstances or of the body of any person
being found dead without it being known how that person died,
shall forthwith give information to a police officer or to a person in
authority in the locality who shall convey the information to the officer
in charge of the nearest police station.
(2) No criminal or civil proceedings shall be entertained by any court
against any person for damages resulting from any information given by
him in pursuance of sub-section (1).
(3) When any person dies while in the custody of the police or in a
mental hospital, leprosarium, home for the disabled or prison, the officer
who had the custody of that person or was in charge of that hospital, leprosarium,
home for the disabled or prison shall forthwith give information
regarding the death to a coroner of the court within whose jurisdiction the
body is found and that coroner or person authorized by him shall view the
body and hold an inquiry into the cause of death, subject to any law
for the time being in force governing such inquiries,
8. All inquiries into sudden deaths or other deaths reported under
into deaths section 7 shall be carried out by such person as are authorized under,
Inquiries
Acts, 1980 and in such manner as is provided for by, the Inquests Act, 1980.
9.-(1) Information relating to the commission of an offence may be
No. 17
Information
relating to given orally or in writing to a police officer or to any other person in the
commission authority in the locality concerned.
of an (2) Any information under sub-section (1) shall be recorded in the
manner provided in sub-section (3) of section 10. offence to
be given
orally or
(3) Where in pursuance of any information given under this section
proceedings are instituted in a magistrate's court, the magistrate shall,
if the person giving the information has been named as a witness, cause a
m writing
No. 9 Criminal Procedure 1985 19
copy of the information and of any statement made under sub-section
(3) of section 10 by the person against whom or in respect of whom the
accused is alleged to have committed an offence, to be furnished to the
accused forthwith.
(4) Any information given under this section by any person may be
used in evidence in accordance with the provisions of the law for the time
being in force relating to the procedure for the adduction and reception of
evidence in relation to the proceedings in respect of the offence concerned.
10.-(l) If from the information received or in any other way a police Investigation officer has reason to suspect the commission of an offence or to appre- by police
hend a breach of the peace, he shall, where necessary, proceed in person officers
to the spot to investigate the facts and circumstances of the case and to take
such measures as may be necessary for the discovery and arrest of the offe.
nder where the offence is one for which he may arrest without warrant.
(2) Any police officer making an investigation may by order in writing
require the attendance before himself of any person living within the
limits of the station of that police officer or any adjoining station, who,
from information given or in any other way appears to be acquainted
with the circumstances of the case, and the person shall attend as so
required.
oth(3er) pArnoyv ipsioolnicse o of ftfhicise rP marat,k einxgam ai.nn ei novreaslltyig aantiyo np emrsaoyn, ssuupbpjeocste tdo ttoh ebe
acquainted with the facts and circumstances of the case and shall reduce
into writing any statement made by the person so examined. The
whole of the statement, including any question in clarification asked by
the police officer and the answer to it, shall be recorded in full in Kiswahili
or in English or in any other language in which the person is examined,
and the record shall be shown or read over to hirn or if he does not understand
the language in which it is written it shall be interpreted to him
in a language he understands and he shall be at liberty to explain or add to
his statement. He shall then sign that statement immediately below
the last line of the record of that statement and may call upon any person
in attendance to sign as a witness to his signature. The police officer
recording the statement shall append below each statement recorded
by him the following certificate:-
, hereby declare that I have faithfully and accurately recorded
the statement of the above named ".
(4) It shall be the duty of a police officer before examining a person to
inform him that he is bound to answer truly all questions relating to the
case put to that person by him and that he may not decline to answer any
question on the grounds only that the question has a tendency to expose
him to a criminal charge, penalty or forfeiture.
(5) A police officer or person in authority shall not offer or make or
cause to be offered or made any inducement, threat, or promise to any
person charged with an offence to induce him to make any statement with
reference to the charge against him. But no police officer or person in
" I
20 No. 9 Criminal Procedure 1985
authority shall prevent or discourage by any caution or in any other way
any person from making in the course of any investigation any statement
which he may be disposed to make of his own free will.
(6) A statement by any person to a police officer in the course of any
investigation may be used in accordance with the provisions of the law
for the time being in force relating to the procedure for the adduction and
reception of evidence, but not for the purpose of corroborating the testimony
of that person in court.
(7) In any proceedings under this Act, the production of a certified copy
of the information referred to in section 9 or of any statement recorded
under this section shall be prima facie evidence of the fact that the information
was given or that the statement was made to the police officer by
whom it was recorded; and notwithstanding the provisions of any other
written law, it shall not be necessary to call that police officer as a witness
solely for the purpose of producing the certified copy.
(b) Arrests and Warrant of Arrest
11.-(1) In making an arrest the police officer or other person making
the arrest shall actually touch or confine the body of the person being arrested,
unless there be a submission to the custody by word or action.
Arrest,
how made
(2) If the person , to be arrested forcibly resists the endeavor to arrest
him, or attempts to evade the arrest, the police officer or other person may
use all means necessary to effect the arrest.
12. The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
No unnecessary
restraint
13.-(1) Where an information on oath is laid before a Magistrate,
Ward Secretary or a Secretary of a Village Council, alleging that there
Warrant
for arrest
aorfefe rnecaes-onable grounds for believing that a person has committed an
(a) the Magistrate, the Ward Secretary or the Secretary of a
Village Council, as the case may be, if the person is not then under
restraint, but subject to sub-section (3), issue a warrant for the arrest
of the person and for bringing him before a court specified in the
warrant to answer to the information and to be further dealt with
according to law; or
(b) the Magistrate, the Ward Secretary or the Secretary of a Village
Council, as the case may be, may issue a summons requiring
the person to appear before a court to answer to the information.
(2) At any time after a Magistrate, Ward Secretary or Secretary
of a Village Council has issued a summons requiring a person to
appear before a court to answer to an information under sub-section (1)
and before the summons has been duly served on the person, the Magistrate,
Ward Secretary or Secretary of the Village Council, as the
case may be, may, subject to sub-section (3), issue a warrant for the arrest of
the person and for bringing him before a court specified in the warrant
to answer to the information and to be further dealt with according to law
No. 9 Criminal Procedure 1985 21
(3) A warrant shall not be issued under subsection (1) or (2) in relation
to an information unless-
(a) an affidavit has been furnished setting out the grounds on which the
issue of the warrant is being sought; or
(b) the informant or some other person furnishes such further information
as the Magistrate, Ward Secretary or Secretary of the
Village Council requires concerning the grounds on which the issue
of the warrant is being sought; or
(c) the Magistrate, Ward Secretary or Secretary of the Village Council
is satisfied that there are reasonable grounds for issuing the warrant.
(4) Where an informant furnishes information to a Magistrate, Ward
Secretary or Secretary of the Village Council for the purposes of sub-section
(3) (b) he shall furnish the information on oath.
(5) Where the Magistrate, Ward Secretary or Chairman of the Village
Council issues a warrant under sub-section (1), he shall state on the
affidavit furnished to him in accordance with sub-section (3) which
of the grounds (if any) specified in that affidavit and particulars of any
other grounds on which he has relied to justify the issue of the warrant.
14. A police officer may without a warrant arrest-
(a) any person who commits a breach of the peace in his presence;
Arrest by
police
officer (b) any person who wilfully obstructs a police officer while in the exe- without cation of his duty, or who has escaped or attempts to escape from warrant
lawful custody;
(c) any person in whose possession any thing is found which may
reasonably be suspected to be stolen property or who may reasonably
be suspected of having committed an offence with reference to
such thing;
(d) any person whom he finds lying or loitering in any highway, yard
or garden or other place during the night and whom he suspects
upon reasonable grounds of having committed or being about to
commit an offence or who has in his possession withour lawful
excuse any offensive weapon or house breaking implement;
(e) any person for whom he has reasonable cause to believe a warrant
of arrest has been issued;
(f) any person whom he suspects upon reasonable grounds of having
been concerned in any act committed at any place out of
which, if committed in
offence, and for which he is, under the Fugitive Criminal Surrender Cap. 22
ordinance or the Fugitive Offenders Act, 1881, or otherwise,
liable to be apprehended and detained in
(g) any person who does any act which is calculated to insult the national
emblem or the national flag;
(h) any person whom he suspects of being a loiterer in contravention Acts, 1933
of the provisions of the Human Resources Deployment Act, 1983. No. 4
22 No. 9 Criminal Procedure 1985
(3) Where a person who has been arrested for an offence in accordance
with subsection (1) or (2) is being held under restraint in connection with
an investigation of the offence but has not been charged with the offence,
it shall be lawful to continue to hold the person under restraint for so long
only as the police officer in charge of the investigation believes on reasonable
grounds that it is necessary to hold him under restraint for any one
or more of the reasons specified in sub-section (1) and (2).
Procedure 15. When any officer in charge of a police station requires any officer
when Police subordinate to him to arrest without warrant (otherwise than in such doefpfuicteesr officer's presence) any person who may lawfully be arrested without a
subordinate warrant under section 14, he shall deliver to the officer required to make
to arrest
without
marrant
the arrest an order in writing specifying the person to be arrested and the
offence or other cause for which the arrest is to be made.
16.-(1) Any private person may arrest any person who in his presence
commits any of the offences referred to in section 14.
Arrest
by private
persons
(2) Persons found committing any offence involving injury to property
may be arrested without a warrant by the owner of the property or his servants
or persons authorized by the owner of the property.
17. Any magistrate may at any time arrest or issue a warrant
directing the arrest of any person whom he reasonably believes has
committed an offence within the local limits of his jurisdiction.
Arrest by
magistrate
18. When any offence is committed in the presence of a magistrate within
the local limits of his jurisdiction he may himself arrest or order any
person to arrest the offender, and may thereupon, subject to the provisions
of this Act relating to the granting of bail, commit the offender to custody.
Magistrate
may arrest
person for
an offence
committed
in his
presence
19.- (1) If any person acting under a warrant of arrest, or any police
officer having authority to arrest, has reason to believe that the person to
be arrested has entered in to or is within any house or place, that person or
police officer shall demand of the person residing in or being in charge
of the house or place admission into that house or place, and the person
residing in or in charge of it shall allow him free entrance into and afford
all reasonable facilities for a search, within that house or place.
Right of
entry into
any place
in order
to effect
arrest
(2) If entrance into that house or place cannot be obtained under the
preceding sub-section, it shall be lawful in any case for a person acting
under a warrant, and in any case in which a warrant may issue, but cannot
be obtained without affording the person to be arrested an opportunity
to escape, for a police officer, to enter the house or place and search within
it, and in order to effect an entrance into the house or place, to break open
any outer or inner door or window of any house or place, whether that of
the person to be arrested or of any other person or otherwise effect entry
into such house or place, if after notification of his authority and purpose,
and demand of admittance duly made, he cannot otherwise obtain admittance,
subject to subsection (3).
No. 9 Criminal Procedure 1985 23
(3) If any such house or place is in an appartment in the actual occupancy
of a woman (not the person to be arrested) who, according to custom,
does not appear in public, such person or police officer shall, before entering
such apartment, give notice to the woman that she is at liberty to
withdraw and shall afford her every reasonable facility for withdrawing,
and may then break open the appartment and enter it.
20. Any police officer or other person authorized to make an arrest Power to
may break out of any place in order to liberate himself or any other person break out who, having lawfully entered for the purpose of making an arrest, is detai- of any
ned inside the place. place for
purposes of
liberation.
21.-(1) A police officer or other person shall not, in the course of Use of arresting a person, use more force, or subject the person to greater indig- force in
nity, than is necessary to make the arrest or to prevent the escape of the m aarkreinsgt
person after he has been arrested.
(2) Without limiting the application of sub-section (1), a police officer
shall not, in the course of arresting a person, do an act likely to cause
the death of that person, unless the police officer believes on reasonable
grounds that the doing of that act is necessary to protect life or to prevent
serious injury to some other person.
wi2se2 .t hWanh einre p au rpseurasnocne w ohf oa awrraersratsn at nboutth ienr cpiercrsuomns ftaonr caens orefffeenrrceed o ttoh ienr - tCoar ebrreeta stitansk nenot section 16, the arrest shall not the taken to be unlawful by reason only to be that it subsequently appears, or is found by a court, that the other person unlawful
did not commit the offence.
21.-(1) A person who arrests another person shall at the time of the Person to
be informed arrest, inform that other person of the offence for which he is arrested. of grounds
(2) A person who arrests another person shall be taken to have complied of arrest
with sub-section (1) if he informs the other person of the substance of the
offence for which he is arrested, and it is not necessary for him to do so in
a language of a precise or technical nature.
(3) Sub-section (1) does not apply to or in, relation to the arrest of a
person-
(a) if, by reason of the circumstances in which he is arrested, that
person ought to know the substance of the offence for which he is
arrested; or
(b) if by reason of his actions the person arrested make sit impracticable
for the person effecting the arrest to inform him of the offence for
which he is arrested.
24. Whenever a person is arrested- Search of (a) by a police officer under a warrant which does not provide for the arrested
taking of bail, or under a warrant which provides for the taking of person
bail but the person arrested cannot furnish bail; or
(b) without warrant, or by a private person under a warrant, and the
person arrested cannot legally be admitted to bail or cannot furnish
bail,
24 No. 9 Criminal procedure 1985
the police officer making the arrest or, when the arrest is made by a
private person, the police officer to whom that private person makes over the
person arrested, may search such person and place in safe custody all
articles, other than necessary wearing apparel, found upon him.
25.-(1) Subject to the provisions of sections 50 and 51 of this Act any ,
police officer may do any or ail of the following things namely, stop, search
and detain:-
Power of
the police
taon dd esteaairnch
vehicles (a) any vessel, boat, aircraft or vehicle in or upon which there is
reasonable cause to suspect that there are-
(i) any stolen goods;
(ii) any things used or intended to be used in the commission of an
offence;
(iii) without lawful excuse, any offensive weapons, an article of
disguise or any article prohibited under any law;
(b) any person who is reasonably suspected of having or conveying in
any manner any of the articles mentioned in paragraph (a).
(2) Subject to the provisions of subsection (3), if at the expiry of the
time referred to in section 50, for interviewing a person no application for
extension of time is made or if the application is made and refused, the
vessel, boat, aircraft, vehicle, or the person, as the case may be, shall be
released and in the case of the latter, any goods seized from him shall be
restored to him.
(3) Where the time for interviewing a person is extended pursuance to an,
appropriate application referred to in sub-section (2), a magistrate shall,
where it is necessary, order that any vessel, boat, aircraft or vehicle be
detained in order to facilitate further investigation or for use as exhibits in
any court proceedings.
26. Whenever it is necessary to cause a woman to be searched, the
search shall be made by another woman with strict regard to decency.
Made of
searching
women
27. The officer or other person making an arrest may take from the
person arrested any offensive weapons which he has about his person,
and shall deliver to the court or officer before which or whom the officer or
person making the arrest is required by law to produce the person arrested
all weapons taken.
Power to
seize
offensive
weapons
Arrest of 28. Any officer in charge of a police station may in like manner arrest
vagabonds, or cause to be arrested:-
hroabbbiteurasl, etc- (a) anthye p leimrsoitns ofofu snudc hta sktiantgio pnr eucnaduetri ocnirsc tuom csotnacnecaels h wish picrehs aenffcoer dw ritehaisnon
to believe that he is taking such precautions with a view of committing
an arrestable offence
(b) any person within the limits of such station who has no ostensible
means of subsistence or who cannot give satisfactory account of
himself;
(c) any person who is by repute an habitual robber, housebreaker, or
thief or an habitual receiver of stolen property knowing it to be
stolen, or who by repute liabitually commits extortion or in order
to commit extortion habitually puts or attempts to put persons in
fear of injury.
No. 9 Criminal Procedure 1985 25
29.-(1) When any person who in the presence of a police officer has Refusal to
give name committed or has been accused of committing a warrant offence and refuses on the demand of such officer to give his name and residence, or residence
gives a name or residence which such officer has reason to believe to be
false, he may be arrested by such officer in order that his name or residence
may be ascertained.
(2) When the true name and residence of such person have been ascertained
he shall be released on his executing a bond, with or without sureties,
to appear before a court if so required; save that if such person is not
resident in
resident in
(3) Should the true name and residence of that person not be ascertained
within twenty-four hours from the time of arrest, or should he fail to
execute the bond or, if so required, to furnish sufficient sureties, he shall
forthwith be taken to a court having jurisdiction.
30. A police officer making an arrest without a warrant shall, Without Disposal of
persons
bail take or send the person arrested before a court having jurisdiction Police
in the area of the police station. officer
31.-(1) Any private person arresting any person without a warrant Disposal of
shall without unnecessary delay hand over the person so arrested to a persons
arrested by police officer or in the absence of a police officer, shall take such person to private
the nearest police station. persons
(2) If there is no reason to believe that such person comes under the
provisions of section 14, a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a warrant
offence, and he refuses on the demand of a police officer to give his name
and residence, or gives a name or residence which such officer has reason
to believe to be false, he shall be dealt with under the provisions of section
29. If there is no sufficient reason to believe that he has committed any
offence he shall be at once released.
32.-(1) When any person has been taken into custody without a warrant Detention of
for an offence other than an offence punishable with death, the officer in persons
charge of the police station to which such person is brought may in any arrested
case and shall if it does not appear practicable to bring such person before
an appropriate court within twenty-four hours after he was so taken into
custody, inquire into the case and, unless the offence appears to that
officer to be of a serious nature release the person on his executing a bond
which or without sureties, for a reasonable amount to appear before a
court at a time and place to be named in the bond; but where such person
is retained in custody he shall be brought before a court as soon as practicable.
(2) Where any person has been taken into custody without a warrant
for an offence punishable with death, he shall be brought before a court
as soon as practicable.
(3) Where any person is arrested under a warrant of arrest be shall be
brought before a court as soon as practicable.
arrested by
26 No. 9 Criminal Procedure 1985
(4) Notwithstanding anything contained in sub-sections (1), (2) and (3),
an officer in charge of a police station may release a person arrested on
suspicion of committing any offence if after due police inquiry insufficient
evidence is, in his opinion disclosed on which to proceed with the charge.
33. Officers in charge of police stations shall report to the nearest
magistrate, within twenty-four hours or as soon as practicable, the cases
of all persons arrested without warrant within the limits of their respective
stations, whether or not such persons have been admitted to bail.
Police to
report
apprehensions
(c) Escape and Retaking
34. If a person in lawful custody escapes or is rescued, the person from
whose custody he escapes or is rescued may immediately pursue and
arrest him in any place in
Recapture
of persons
escaping
35. The provisions of sections 19 and 20 shall apply to arrests under the
last preceding section, although the person making any such arrest is not
acting under a warrant and is not a police officer having authority to
arrest.
Provision
sections 19
and 20
aarprpelsyt to
under
section 34 36. Every person is bound to assist a magistrate or police officer
reasonably demanding his aid- Duty to
assist
magistrate (a) in taking or preventing the escape of any person whom such
magistrate or police officer is authorized to arrest; or police
officer in
prevention of escape (b) in the prevention or suppression of a breach of the peace, or in the
prevention of any injury attempted to be committed to any railway,
canal, telegraph or other public property.
of arrested
person
37.-(l) Where any person suffers material loss or personal injury,
or dies in consequence of taking step or in the cause of assisting a magi-
Compensation
for
injuries strate, a police officer,or any other officer of the law to stop the commission
of an offence or in arresting a person who has or is reasonably suspected
to have committed an offence, such person shall be entitled to receive
compensation for such loss or injury and where such person dies, his
dependants or legal representative shall be entitled to receive the
compensation that person would have received had he not died.
losses or
death
resulting
from
assisting
police, etc.
(2) The amount of compensation to be paid under sub-section (1)
shall be assessed, and all other matters regarding the payment of compensation
shall be dealt with, in accordance with the provisions of the law for
tohfe c trii.mmee .being in force regarding the payment of compensation to victims
(3) Any compensation to be paid under this section shall be paid in such
manner and out of such funds as may be prescribed by the law referred to
in sub-section (2).
(d) Search Warrants and Seizure
38.-(1) If a police officer in charge of a police station is satisfied that
there is reasonable ground for suspecting that there is in any building,
vessel, carriage, box, receptacle or place-
Power to
issue
search
warrant or
aseuathrcohrize (i) anything with respect to which any offence has been committed;
(ii) anything in respect of which there are reasonable grounds to believe
that it will afford evidence as to the commission of any offence;
No. 9 Criminal Procedure 1985 27
(iii) anything in respect of which there are reasonable grounds to
believe that it is intended to be used for the purpose of committing
any offence,
and the officer is satisfied that any delay would result in the removal or
destruction of that thing, or would endanger life or property, he may
search or issue a written authority to any police officer under him to
search the building, vessel, carriage, box, receptacle or place as the case
may be.
(2) When any authority referred to in sub-section (1) is issued, the police
officer concerned shall, as soon as practicable, report the issue of the authority,
the grounds on which it was issued and the result of any search made
under it to a magistrate.
(3) Where anything is seized in pursuance of the powers conferred by
sub-section (1), the officer seizing the thing tall issue a receipt aknowleging
the seizure of that thing, bearing the signature of the owner of the
premises and those of witnesses to the search, if any.
(4) No prosecution resulting from the exercise of powers under this
section shall be commenced without the consent of the Director of Public
Prosecution.
39. For the purpose of this Part-
(a) anything with respect to which an offence has been or is purported Things
on reasonable grounds to have been committed; connected
with an (b) anything as to which there are reasonable grounds for believing offence that it will afford evidence of the commission of any offence and
(c) anything as to which there are reasonable grounds for believing that
it is intended to be used for the purpose of committing any offence,
shall be deemed to be a thing connected with the offence.
40. Every search warrant may be isued and executed on any day (inclu- Execution ding Sunday) and may be executed between the hours of sunrise and sunset of search
but the court may, upon application by a police officer or other person to warrant
whom it is addressed permit him to execute it at any hour.
41. A police officer may search the person of the clothing that is Search and
being worn by or property in the immediate control of, a person and may seizure
seize any thing relating to an offence that is found in the course of the
search, if the search and seizure is made by the police officer-
(a) in pursuance of a warrant issued under this Part;
(b) in accordance with section 24 upon taking the person into lawful
custody in respect of an offence;
(c) upon stopping the person in accordance with subsection (2) of
section 42;
(d) in pursuance of an order made by a court.
42.-(l) A police officer may- Search in
emerge- (a) search a person suspected by him to be carrying anything concerned ncies
with an offence, or
28 No. 9 Criminal Procedure 1985
(b) enter upon any land, or into any premises vessel or vehicle, an or
in which he believes on reasonable grounds that anything connected
with an offence is situated,
and may seize any such thing that he finds in the course of that search,
or upon the land or in the premises, vessel or vehicle as the case may be-
(i) if the police officer believes on reasonable grounds that it is necessary
to do so in order to prevent the loss or destruction of anything
connected with an offence; and
(ii) the search or entry is made under circumstances of such seriousness
and urgency as to require and justify immediate search or entry
without the authority of an order of a court or of a warrant issued
under this Part.
(2) A police officer who believes on reasonable grounds that a person
is carrying an offensive weapon or anything connected with an offence may
stop that person and seize any such weapon or thing that is found on the
person.
(3) A police officer who believes on reasonable grounds that an offensive
weapon, or anything connected with an offence is being carried in a
vessel or vehicle, may stop and seize any such weapon or thing found in
the vessel or vehicle.
43.-(1) Whenever any building or other place liable to search is closed,
any person residing in or being in charge of such building or place shall,
on demand of the police officer or other person executing the search warrant,
and on production of the warrant, allow him free ingress into, afford all
reasonable facilities for a search inside and allow him free egress from it.
Persons in
charge of
closed place
to allow
ingres
thereto and
egress (2) If ingress into or egress from such building or other place cannot be
so obtained, the police officer or. other person executing the search warrant
may proceed in the manner prescribed by section 19 or section 20.
there
from
(3) Where any person in or at out such building or such place is reasonably
suspected of concealing about his person any article for which search
should be or is being made, such person may be searched. If that person
is a woman, the provisions of section 26 shall be complied with.
Detention 44.-(1) When any article is seized and is brought before a court it may,
of property subject to section 353 be detained until the conclusion of the case or the
seized investigation, reasonable care being taken for its preservation.
(2) If any appeal is made, or if any person is committed for trial, the
court may order the article to t a further detained for the purpose of the
appeal or the trial.
(3) If no appeal is made, or if no person is committed for trial, the court
shall direct such article to be restored to the person from whom it was
taken, unless the court sees fit or is authorized or required by law to dispose
of it in any other manner.
Provisions 45.-(1) The provisions of sections 112(l) and (3), 114, 116, 119, 120
applicable and 121 shall, so far as may be, apply to all search warrants issued under
to search section 38.
warrants
No. 9 Criminal Procedure 1985 29
(2) Every search warrant shall be returned to the court, with an endorsement
in it showing the time and manner of its execution and what has
been done under it.
B. Powers and Duties of Police Officers when Investigating Offences
(a) Preliminary Provisions
46.-(1) Where a police officer believes on reasonable grounds that a
person whose name and address is unknown to him may be able to assist
him in his inquiries in connection with an offence that has been, may
have been. or may be committed, the police officer may request the person
to furnish to him his name and address.
(2) Where a police officer requests a person, under sub-section (1),
to furnish his name and address and informs the person of his reason for
the request, the person-
(a) shall not refuse or fail to comply with the request;
(b) shall not furnish to the police officer a name or address that is
false in any material particular; and
(c) may request the police officer to furnish to him his name, rank and
ordinary place of duty.
(3) Where a police officer who makes a request of a person under
subsection (1) is requested by the person, pursuant to sub-section (2) (c)
to furnish to the person his name, rank , and place of duty the police
officer-
(a) shall not refuse or fail to comply with i lie request;
(b) shall not furnish to the person a name or rank that is false in a
material particular; and
(c) shall not furnish to the person as his place of duty an address other
than the full and correct address of , he place that is his ordinary
Place of duty.
(4) Any person who contravenes this sect on is guilty of an offence and
shall, on conviction, be liable to Imprisonment for a term not exceeding
six months or to a fine not exceeding two thousand shillings or to both
such fine and imprisonment.
47. Every police officer may intervene for the purpose of Preventing,
and shall to the best of his ability prevent, a breach of the peace or the
commission of any arrestable offence.
(b) Duration of custodial investigation by police
48.-(1) Where a person is, or has been, under restraint in respect of Restriction
an offence, a police officer may-
(a) ask the Person questions; or
(b) take other investigative action,
in connection with the investigation of the offence, during a period
available for interviewing the person but not otherwise
(2) The Provisions of this Act relating to a period available for interviewing
a person shall not be taken -
Requirement
to
furnish
names and
adreess
Police to
prevent
breaches of
the peace
or arrestable
offence
Restricting
on questioning
persons, ect.
30 No. 9 Criminal Procedure 1985
(a) to make lawful the holding of the person under restraint during any
period during which it would, but for those provisions, be unlawful
to hold him under restrai nt; or
(b) to authorize the asking of any questions or the taking of other
investigative action in relation to the person during a period during
which it would, but for those provisions, be unlawful to hold him
under restraint.
When 49. A police officer shall not take under restraint in respect of any offeperson
not to be nce a person who has previously been under restraint in respect of the
taken under offencerestraint
(a) unless he does so in consequence of matters that have come to the
knowledge of the police officer in charge of investigation of the
offence only after the person last ceased to be under restraint; or
(b) unless a reasonable period has elapsed since the person last ceased
to be under restraint.
50.-(1) For the purposes of this Act, the period available for interviewing
the person who is in restraint in respect of an offence is-
Periods
available
for
pinetresrovnie.wing (a) sutbhjee cpte tros opanr,a tghraatp his ( tbo), stahye ,b tahseic p peerriioodd oavf afiolaubrl eh ofourr isn cteormviemweinncging
at the time when he was taken under restraint in respect of the offence;
(b) if the basic period available for interviewing the person is extended
under section 51 the basic period as so extended.
(2) In calculating a period available for interviewing a person who is
under restraint in respect of an offence, there shall not be reckoned as part
of that period any time while Vie police officer investigating the offence
refrains from interviewing the person, or causing the person to do any
act connected with the investigation of the offence-
(a) while the person is, after being taken under restraint, being conveyed
to a police station or other place for any purpose connected
with the investigation;
(b) for the purpose
(i) of enabling the person to arrange, or attempt to arrange, for
the attendance of a lawyer;
(ii) of enabling the police officer to communicate, or attempt to
communicate with any person whom he is required by section
54 to communicate in connection with the investigation of the
offence;
(iii) of enabling the person to communicate, or attempt to communicate,
with any person with whom he is, under this Act, entitled
to communicate; or
(jv) of arranging, or attempting to arrange, for the attendance of a
person who, under the provision of this Act is required to be
present during an. interview with the person under restraint
or while the person under restraint is doing an act in connection
with the investigation;
No. 9 Criminal Procedure 1985 31
(c) while awaiting the arrival of a person referred to in paragraph (b)
(iv); or
(d) while the person under restraint is consulting with a lawyer.
51.-(1) Where a person is in lawful custody in respect of an offence
during the basic period available for interviewing a person, but has not
been charged with the offence, and it appears to the police officer in charge
of investigating the offence, for reasonable cause, that is necessary that the
person be further interviewed, he may-
(a) extend the interview for a period not exceeding eight hours, and
inform the person concerned accordingly; or
(b) either before the expiration of the original period or that of the
extended period, make application to a magistrate for a further
extension of that period.
(2) A police officer shall not frivolously or vexatiously extend the basic
period available for interviewing a person, but any person in respect
of whose interview the basic period is extended pursuant to sub-section
(1) (a), may petition for damages or compensation against frivolous or
vexatious extension of the basic period, the burden of proof of which shall
lie upon him.
(3) Where a magistrate to whom application has been made by a police
officer under sub-section (1), after having afforded the person, or a
lawyer acting on his behalf, an opportunity to make submissions m
relation to the application, is satisfied-
(a) that the person is in lawful custody;
(b) that the investigation of the offence by the police officer has been,
and is being carried out as expeditionary as possible; and
(c) that is would be proper in all circumstances to extend the relevant
period,
the magistrate may extend that period for such further period as he may
deem reasonable.
(c) Duties when Interviewing Suspects
52.-(1) Where a police officer suspects that a person may have committed
a serious offence, or believes that information has been received by the
police that may implicate a person in the commission of a serious offence,
but that that suspicion or belief is not such as would, under section 14,
justify the arrest of the person without warrant, the police officer shall
not ask him any questions, unless he has first informed him that he may
refuse to answer any questions put to him by the police officer.
(2) A police officer who informs a person as provided under sub-section
(1) shall ask him to sign or thumb print an acknowledgement, in accordance
with a prescribed form, of the fact that he has been so informed and
of the date on which, and the time at which, he is so informed.
(3) Where it is necessary for a court, in any proceedings, to determine
whether a police officer has informed a person as required by section (1),
and an acknowledgement referred to in subsection (2) and signed by the
person is not produced in evidence, the court shall assume, unless the contrary
is proved, that the person was not so informed.
Questioning
suspect
persons
Where
custodial
investigation
cannot be
completed
within four
hours
32 No. 9 Criminal Procedure 1985
(4) Notwithstanding the preceding provisions of this section, where a
police officer in the course of interrogating any person under this section,
believes that there is sufficient evidence to warrant that person being
charged with offence, he shall proceed to charge him accordingly
and to caution him in writing and if practicable orally in the prescribed
manner, and to inform him that an inference adverse to him may be
drawn from his failure or refusal to answer any question or from his
failure or refusal to disclose what stage any matter which may be material
to the charge.
53. Where a person is under restraint, a police officer shall not ask him
any questions, or ask him to do anything, for a purpose connected with
Persons
under
rteos tbreaint the investigation of an offence, unless-
informed (a) the police officer has told him his name and rank;
of rights (b) the person has been informed by a police officer, in a language in
which he is fluent, in writing and, if practicable orally, of the fact
that he is under restraint and of the offence in respect of which he is
under restraint; and
(c) the person has been cautioned by a police officer in the following
manner, namely, by informing him, or causing him to be informed,
in a language in which he is fluent, in writing in accordance with
the prescribed form and, if practicable, orally-
(i) that he is not obliged to answer any question asked of him by a
police officer, other than a question seeking particulars of his
name and address; and
(ii) that, subject to this Act, he may communicate with a relative
or a friend.
54.-(1) Subject to sub-section (2), a police officer shall, upon request
by a person who is under restraint cause reasonable facilities to be
provided to enable the person t ) communicate with lawyer, a relative or
friend of his choice.
Conummication
with
lawyer
relative or
friend
(2) A police officer may refuse a request under sub-section (1) for the
prevision of facilities for communicating with a person being a relative
or friend of a person under restraint, if the police officer believes on reasonable
grounds that it is necessary to prevent the person under restraint
from communicating with the person for the purpose of preventing-
(a) the escape of an accomplice of the person under restraint; or
(b) the loss, destruction or fabrication of evidence relating to the
offence
55.-(1) A person shall, while under restraint, be treated with humanity
and with respect for human dignity
Treatment
of persons
under
(2) No person shall, while under restraint be subjected to cruel, inhuman
or degrading treatment.
restraint
(3) Where a person under restraint-
(a) makes a request to a police officer to be provided with medical treatment,
advice or assistance in respect of an illness or an injury; or
(b) appears to the police officer to require medical treatment, advice or
assistance in respect of illness or injury,
No. 9 Criminal Procedure 1985 33
the police officer shall forthwith take such reasonable action as is necessary
to ensure that the person is provided with medical treatment, advice
or assistance.
56.-(1) A police officer in charge of investigating an offence in respect
of which a child is under restraint shall, forthwith after the child becomes
under restraint, cause a parent or guardian of the child to be informed
that he is under restraint and of the offence for which he is under restraint.
(2) In this section ''child'' means a person a who has not attained the age
of sixteen years.
(d) Recording of Interview
57.-(1) A police officer who interviews a person for the purpose of
ascertaining whether the person has committed an offence shall, unless it
is in all circumstances impracticable to do so, cause the interview to be
recorded.
(2) Where a person who is being interviewed by a police officer for the
purpose of ascertaining whether he has committed an offence makes,
during the interview, either orally or in writing, a confession relating to an
offence, the police officer shall make, or cause to be made, while the interview
is being held or as soon as practicable, after the interview is completed,
a record in writing, setting out-
(a) so far as it is practicable to do so, the questions asked of the person
during the interview and the answers given by the person to those
questions;
(b) particulars of any statement made by the person orally during the
interview otherwise than in answer to a question;
(c) whether the person wrote out any statement during the interview
and, if so, the times when he commenced to write out the statement;
(d) whether a caution was given to the person before be made the confesion
and, if so, the terms in which the caution was given, the time
when it was given and any response made by the person to the
caution;
(e) the times when interview was commenced completed:
(f) if the interview was interrupted, the time when it was interrupted
and recommenced.
(3) A police officer who makes a record of an interview with a person in
accordance with sub-section (2) shall write, or cause to be written, at the
end of the record a form of certificate in accordance with a prescribed
form and shall then, unless the person is unable to read-
(a) show the record to the person and ask him-
(i) to read the record and make any alteration or correction to it
he wishes to make and add to it any further statement that he
wishes to make;
(ii) to sign the certificate set out at the end of the record; and
(iii) if the record extends over more than one page, to initial each
page that is not signed by him; and
(b) if the person refuses, fails or appears to fail to comply with that
request, certify on the record under hi i hand what he has done and
in respect of what matters the person refused, failed or appeared to
fail to comply with the request.
Special
duties when
interviewing
children
Records
of interviewing
34 No. 9 Criminal Procedure 1995
(4) Where the person who is interviewed by a police officer is unable to
read the record or the interview or refuses to read, or appears to the police
officer not to read the record when it is shown to him in accordance with
subsection (3) the police officer shall-
(a) read the record to him, or cause the record to be read to him;
(b) ask him whether he would like to correct or add anything to the
record;
(c) permit him to correct, alter or add to the record, or make any
corrections, alterations or additions to the record that he requests
the police officer to make;
(d) ask him to sign the certificate at the end of the record; and
(e) certify under his hand, at the end of the record, what he has done in
pursuance of this subsection.
58.-(1) Where a person under restraint informs a police officer that he
wishes to write out a statement the police officer-
(a) shall cause him to be furnished with any writing materials he requires
for writing out the statement; and
(b) shall ask him, if he has been cautioned as required by paragraph (c)
of subsection (1) of section 53, to set out at the commencement of
the statement the terms of the caution given to him, so far as he
recalls them.
(2) Where a person under restraint furnishes to the police officer a
statement that he has written out, the police officer shall write, or cause to
be written, at the end of the statement a form of certificate in accordance
with the prescribed form, and shall then-
(a) show the statement to the person and ask him-
(i) to read the statement and make any alteration or correction
to it that he wishes to make and add to it any further statement
that he wishes to make;
(ii) to sign the certificate set out at the end of the certificate;
and
(iii) if the statement extend to more than out page, to initial
each page that is not signed by him; and
(b) if the person refuses, fails or appears to fail to comply with that
request, certify, under his hand, on the statement what he has
done and in respect of what matters the person refused, failed or
appeared to fail to comply with the request.
(3) Where a person under restrain refuses to read, or appears to the
police officer not to read a statement when it is shown to him in accordance
with sub-section (2), the police officer shall-
(a) read the statement to him, or cause the statement to be read to him;
(b) ask him whether he would like to correct or add anything to the
statement;
(p) permit him to correct, alter or add to the statement, or make any
corrections, alterations or additions to the statement that he requests
the police officer to make;
(d) ask him to sip the certificate at the end of the statement; and
Statement
by suspects
No. 9 Criminal Procedure 1985 35
(c) certify under his hand, at the end of the statement, what he has
done in pursuance of this sub-section.
(e) Other Investigative Actions
59.-(I) Any police officer in charge of a police station or any police
officer investigating an offence may take or cause to be taken measurement
of prints of the hand, fingers, feet or toes of, or recordings of the voice or,
photographs of, or samples of the handwriting of any person who is
charged with an offence, whether such pen; on is in lawful custody of the
police or otherwise where such measurements, prints, recordings,
photographs or samples, as the case may be, are reasonably believed to be
necessary for the identification of the person with respect to, or for
affording evidence as to the commission of an offence for which he is in
custody or charged.
(2) Any police officer in charge of a police: station or any police officer
Investigating an offence may, take or cant a to be taken measurements,
prints of the hands, fingers, feet or toes of recordings of the voice, photographs
of or samples of the handwriting, of any person who is not charged with
any crime where such measurements, prints recordings, photographs
or samples, as the case may be, are reasonably believed to be necessary
for facilitating the investigation of any crime
(3) No person who is charged or who is not with any crime charged;
shall be entitled to refuse or object to having his measurements, prints,
recordings, photographs or samples taken, and where he so refuses or
objects, the police officer concerned may take such reasonable steps,
including the use of reasonable force, as may be necessary to secure
that the measurements, prints, recordings, photographs or samples as
the case may be, are taken.
(4) Any person who refuses to have his measurements, prints, recordings,
photographs or samples taken as required under sub-section (1) and (2)
is guilty of an offence and shall be liable on conviction to a fine not exceeding
ten thousand shillings or to imprisonment for a term not exceeding
twenty-four months or to both such fine and imprisonment.
(5) Subject to the provisions of subsection (10), a person having the
custody of measurements, prints, recordings, photographs or samples and
each person having the custody of copies of measurements, prints, recordings,
photographs or samples shall destroy them-
(a) in the case of a person who is in lawful custody upon a charge of
committing an offence-
(i) if the prosecution of that person is not proceeded with; or
(ii) where the prosecution is proceeded with, but he is acquitted;
(b) in the case of a person referred to in subsection (2), if those measurements,
prints, recordings, photographs or samples, as the case
may be, are no longer required for the purpose of facilitating the
investigation,
(6) There shall be established at a place to be approved by the Minister
responsible for criminal investigations, an office to be known as the Criminal
Records Office for the preservation, comparison and indexing of fingerprint
or forms.
Power to
take
fingerprints,
photos, ect
of suspects
36 No. 9 Criminal Procedure 1985
(7) The Criminal Records office shall, subject to the general supervision
of the Inspector-General of Police, be under the control of a senior police
officer, expert in comparison of fingerprints who shall be appointed from
time to time by the Attorney-General by notice published in the Gazette.
(8) Completed finger-prints forms shall be sent to and preserved at the
Criminal Records Office.
(9) All finger print forms shall be of the prescribed pattern.
(10) Notwithstanding the provisions of sub-section (5) it shall be lawful
to retain all records obtained pursuant to sub-sections (1) and (2) of this
section in respect of any person with regard to whom a removal order
under the Township (Removal of Undesirable Persons Ordinance) or an
expulsion order under the (Expulsion of Undesirable Persons Ordinance)
has been made and has been cancelled or rescinded.
Cap. 104
Cap. 39
60.-(1) Any police officer in charge of a police station or any police
officer investigating an offence may hold an identification parade for
the purpose of ascertaining whether a witness can identify a person suspected
of the commission of an offence.
Identifialtion
parades
(2) Any police officer in chat go of a police station or any police officer
investigating an offence may require any person whose participation is
necessary for the investigation of an offence to attend and participate in an
identification parade.
(3) No person who is required under sub-section (2) to attend and participate
in an identification parade shall be entitled to refuse or object to
attend and participate in an identification parade.
(4) Any person who without just cause, or who unreasonably refuses
to attend and participate in an identification parade is guilty of an offence
and shall be liable on conviction to a fine not exceeding two thousand
shillings or to imprisonment for a term not exceeding six months or to
both such fine and imprisonment.
61.-(1) Where it is established on evidence that a person has been
convicted on a mistaken identification as a result of which he is proseculed,
punished or he suffers any loss or injury, such person or his legal representative
if that person dies shall be entitled to such reasonable compensation
as if he were a victim of crime.
Persons
convicted
on
mistaken
identity
to be
compensa-
(2) The compensation payable under this section and all other matters
regarding the amount of compensation, its assessment and manner of payment
shall be governed by section 37.
ted
62. The Minister shall make regulations providing for the procedure
to be followed in the conduct of identification parades, and the taking of
finger-prints and photographs of suspect or accused persons.
Mto imnisatkeer
Regulations
to
provide for
on holding
identification
parades
etc
63.-(1) A magistrate may, on the application of a police officer, allow
a Medical Officer to examine the person of a person in lawful custody
in respect of an offence or may allow a medical officer to take and analyze
Medical
examinaties
No. 9 Criminal Procedure 1985 37
any specimen from such a person if he has reasonable grounds for believing
that the examination or analysis would provide evidence relating to the
offence.
(2) After the Medical Officer has made the examination and analysis
as provided under sub-section (1) he shall submit a written report on it
to the court.
(3) In any proceedings, a court may order that any person who is a
party to or a witness in the proceedings submits himself for medical examination
and that person shall so submit himself.
(4) The Medical Officer shall, after examining a person in respect of
whom the court has ordered that he submit himself for medical examination
in accordance with the provisions of sub-section (3) transmit to the
court ordering the examination a written report pertaining to the examination
(f) Release and Ball
64.-(1) Without prejudice to the provisions of any other written law
for the time being in force relating to the grant of bail by police officers,
a person brought under the custody of a police officer on reasonable
suspicion of having committed an offence shall be released immediately,
where-
(a) the police officer who arrested him believes that that person has in
fact committed no offence; or that the police officer has no reasonable
grounds on which to continue holding that person in custody;
(h) the police officer who arrested him believes that he arrested the
wrong person;
(c) after twenty-four hours after the person was arrested, no formal
charge has been laid against that person unless the police officer
in question reasonably believes that the offence suspected to have
been committed is a serious one.
(2) Where a formal charge has been laid against any person under the
custody of the police, it police officer in charge of a police station may,
upon that person executing a bond, with or without sureties, to appear
before a court if so required, release the person where-
(a) the person, though subject to prosecution, was arrested without
warrant;
(b) after due inquiry, insufficient evidence is in his opinion disclosed
upon which to proceed with the charge
(c) the offence, though arrestable, is not of a serious nature; or
(d) it appears that further inquiries must be carried out and they cannot
be completed within a reasonably short time.
(3) Where the person arrested is under the age of fifteen years, that
person may be released after his parent, guardian, relative or any other
liliable person has entered into a recognizance on his behalf.
Police bail
of suspect
if deficient
38 No. 9 Criminal Procedure 1995
(4) Notwithstanding any other written law for the time being in force
relating to the grant of bail by police officers, no fee or duty shall be
chargeable upon bail bonds in criminal cases, recognizance to prosecute
or give evidence or recognizance for personal appearance or otherwise
issued or taken by a police officer.
(5) Every police officer arresting a person reasonably suspected of
committing any offence shalt inform that person of his right to bail
under this section.
65. Matters relevant to the granting of bail by a police officer to a
person charged with an offence are-
Criteria for
granting
police bail
(a) matters related to the probability of the person appearing in court
in respect of the offence if granted bail, that is to say-
(i) the background and community ties of the residence,
employment and family situation and to his police record.
if known and
(ii) the circumstance in which the offence was committed, the
nature and seriousness of the offence, the strength of the
evidence against the person and other information relevant
to the likelihood of his absconding;
(b) matters related to the interests of the person, that is to say-
(i) the period that the person may be obliged to spend in
custody if bail is refused, and the conditions under which
he would beheld a custody;
(ii) the needs of the person to be free to prepare for his appearance
before the court to obtain legal advice and for other
purposes; or
(iii the need of the person for physical protection, whether
the need arises because he is incapacitated by intoxication
injury or the use of drugs or arises from other causes; and,
(c) matters related to the protection of the communit.y, that is to say,
the likelihood of the person interfering with evidence through
intimidating witnesses or hindering police inquiries in any other
way.
Conditions 66. A person shall be entitled to be granted police bail ifof
police bail (a) he undertakes in writing to appear before a specified court
at a specified time and place, or at such other time and place as is
notified to him by a police officer;
(b) he undertakes in writing to observe specified requirements as to
hriess pceocntd tuoc tth we ghiivlein rge loefa sseecdu orin.ty b, atihle, ndoetp obseiitningg r eoqf umiroenmeye notrs twheith
forfeiture of money;
No. 9 Criminal Procedure 1985 39
(c) another person acceptable to the police officer acknowledges
in writing, that he is acquainted with the person charged and
regards him as a responsible person who is likely to appear in court
to answer the charge;
(d) the person charged, or another person acceptable to the police
officer, enters into an agreement, without security, to forfeit
a specified sum of money if the person charged fails to appear in
court to answer the charge;
(c) the person charged, or another pox son acceptable to the police
officer, enters into agreement, and gives security acceptable to the
police officer, to forfeit a specified sum of money if the person charged
fails to appear in court to answer the charge;
(f) the person charged, or another person acceptable to the police
officer, deposits with the police officer, a specified sum of money
to be forfeited if the person charged fails to appear in court to answer
the charge.
67.-(1) Where a police officer refuses to grant bail he shall record Refusal to
in writing the reasons for so refusing. grant
(2) Where a police officer refuses, under section 64, to grant bail to police bail
a person charged with an offence or grants bail to such a person but the
person is unable or unwilling to comply or arrange for another person
to comply, with any of the conditions subject to which bail was granted,
the person shall be brought before a magistrate to be dealt with according
to law as soon as it is practicable to do so and not later than the first
sitting of a court at a place to which it is practicable to take the person for
that purpose.
(3) A person who is waiting in custody to be brought before a magistrate
in accordance with subsection (1) may, at any time, request a police officer
for facilities to make an application to magistrate for bail and, if he does
so, the police officer shall, within twenty four hours, or within such
reasonable time as it is practicable after he makes the requests, bring him
before a magistrate.
68. Where a prescribed police officer believes on reasonable grounds Revocation
that a person who has been released on bail granted under section 64- P oolfice bail
(a) is absconding; or
(b) has failed to comply with, or is about or likely to fail to comply
with an undertaking given by him as a condition of his release.
the police officer may revoke the bail, and the person may then be arrested
by a police officer.
69.-(1) Subject to sub-sections (2) and (3), where the person who has
been released on bail granted by a police officer wilfully and unreasonably of
fails to comply with an undertaking given by him as a condition of his
release, the person is guilty of an offence and shall be liable, on conviction,
to a penalty not exceeding the maximum penalty that could be imposed
on him upon conviction for the offence in respect of which he was arrested
and then released on bail.
Breaches
of condition
of bail
40 No. 9 Criminal Procedure 1985
(2) Where a person who has been released on bail granted by a police
officer in respect of two or more offences wilfully and unreasonably fails
to comply with an undertaking given by him as a condition of his release,
sub-section (1) shall apply as if the reference to the offence in respect of
which he was released on bail was a reference to the offence in relation to
which he failed to comply with the undertaking or if he has failed to comply
with the undertaking in relation to two or more offences, to the more or
most serious of those offences.
(3) A court shall not impose on a person who is convicted of an offence
under sub-section (1) a fine in excess of one thousand shillings or a period of
imprisonment in excess of six mouths.
PART III
PREVENTION ON OF OFFENCES
(a) Security for Keeping the Peace and for Goods Behaviors
70.-(1) Whenever a magistrate is informed on oath that any person is
likely to commit a breach of the peace or disturb the public tranquility, or
to do any wrongful act that may probably occasion a breach of the
peace or disturb the public tranquility the magistrate may, in the manner
provided in this Part, require that person to show cause why he should
not be ordered to execute a bond with or without sureties, for keeping
the peace for such
Powers of
magistrate
to require
persons to
execute
bonds
period, not exceeding one year, as the magistrate deems
fit.
(2) Proceedings shall not be taken under this section unless either the
person informed against, or the place where the breach of the peace or
disturbance is apprehended, is within the local limits of the magistrate's
jurisdiction.
71. Whenever a magistrate is informed on oath that a person is within
the limits of his jurisdiction and that that person, within or without those
limits either orally or in writing., or in any other manner, is disseminating
or attempting to disseminate, or in any way abetting the dissemination of-
Security
for good
behaviour
from
persons
disseminating (a) any seditious matter, that is to say, any matter the publication of
which is punishable under section 32 of the Newspapers Act, 1976; seditious
matter
(b) any matter concerning a judge which amounts to libel under the
Acts, 1976 Penal code
No. 6 that magistrate may, in the manner provided in this part, require that
person to show cause why he should not be ordered to execute a bond
with or without sureties for his good behaviour for such period, not
exceeding one year, as the magistrate deems fit to fix.
72. Whenever a magistrate is informed on oath that any person
is taking precautions to conceal his presence within the local limits
of such magistrate's jurisdiction , and that there is reason to believe
Security
for good
behavior
from
suspected
parsons
No. 9 Criminal Procedure 1985 41
that such person is taking such Precautions with a view to committing any
offence, such magistrate may, in manner hereinafter provided, require
such person to show cause why he should not be ordered to execute a bond,
with sureties, for his good behaviour for such period, not exceeding one
year, as the magistrate deems fit.
73. Whenever a magistrate is informed on oath that any person within Security
the local limits of his jurisdiction-
(a) is by habit a robber, housebreaker or thief, or
for good
behaviour
from
habitual
(b) is by habit a receiver of stolen property, knowing the same to have offenders
been stolen; or
(c) habitually protects or harbours thieves, or aids in the concealment
or disposal of stolen property; or
(d) habitually commits or attempts to commit, or aids or abets in the
commission of, any offence punishable under Chapters Xxx,
XXXIII or XXXIV of the Penal Code ; or
(e) habitually commits or attempts to commit or aids or abets in the
commission of, offences involving a breach of the peace; or
(f) is a loiterer or vagabond in terms of he Human Resources Deployment
Act, 1983; or No. 6
(g) is so desperate and dangerous as to render his being at large without
security hazardous to the community,
that magistrate may, in the manner in this Part provided, require such
person to show cause why he should not be ordered to execute a bond,
with sureties, for his good behaviour for such period, not exceeding three
years, as the magistrate deems fit.
74. When a magistrate acting under section is 70, 71, 72 or 73 of this Act Order to be
deems it necessary to require any person to show cause under such section, made
he shall make an order in writing setting forth-
(a) the substance of the information received
(b) the amount of the bond to be executed;
(c) the term for which it is to be in force; and
(d) the number, character and class of sureties if any, required.
75. If the person in respect of whom the order is made is Present in con- Procedure
rt, it shall be read over to him or, if he so desires, the substance of it shall be in respect
explained to him. of person
present
in court
76.-(1) Subject to sub-section (2), if that person is not present in court, Procedure
the magistrate shall issue a summons requiring him to appear or, when in respect
such person is in custody, a warrant directing, the officer in whose custody of persons
he is to bring him before the court. nino tc opruerstent
(2) Whenever it appears to the magistrate, upon the report of a police
officer or upon other information given on oath (the substance of which
report or information shall be recorded by the by the magistrate), that there is
Acts, 1983
42 No. 9 Criminal Procedure 1985
reason to apprehend the commission of a breach of the peace, and that
such breach of the peace cannot be prevented in any way other than by the
immediate arrest of that person, the magistrate may at any time issue a
warrant for his arrest.
Copy of 77. Every summons or warrant issued under section 76 shall be accompa-
Order to nied by a copy of the order made under section 74, and that copy shall be
asuccmommopnasny delivered by the officer serving or executing the summons or warrant UP
or warrant the person served with or arrested under it.
Power to 78. A magistrate other than a primary court magistrate may, if he sees
dispense with sufficient cause, dispense with the personal attendance of any person ca- personal
attendance Red upon to show cause why he should not be ordered to execute a bond
for keeping the peace, and may permit him to appear by an advocate.
Inquiry as 79.-(1) When an order under section 74 has been read or explained
to truth of under section 75 to a person present in court, or when any person appears
information or is brought before a magistrate in compliance with or in execution of a
summons or warrant issued under section 76, the magistrate shall proceed
to inquire into the truth of the. information upon which the action has
been taken, and to take such further evidence as may appear necessary.
(2) such inquiry shall be made, as nearly as may be practicable, in the
manner prescribed by or under this Act, or the Magistrates Courts Act, 1984
for conducting trials and recording evidence in trials before subordinate
courts or primary courts.
(3) For the purposes of this section the fact that a person comes within
the provisions of section 73 may be proved by evidence of general repute
or otherwise.
(4) Where two or more persons have been associated together in the
matter under inquiry, they may be dealt with in the same or separate
inquiries as the magistrate thinks just.
80.-(1) if upon such inquiry it is proved that it is necessary for keeping
the peace or maintaining good behaviour, as the case may be, that the
person in respect of whom the inquiry is made should execute a bond,
with or without sureties, the magistrate shall make. an order accordingly,
save that-
Order to
give
security
(a) no person shall be ordered to give security of a nature different from,
or of an amount larger than, or for a period longer than that
specified in the order made under section 74;
(b) the amount of every bond shall be fixed with due regard to the
circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a minor.
the bond shall be executed only by his sureties.
(2) Any person ordered to give security for keeping the peace or
maintaining good behaviour under this section may appeal to the High
Court or the District Court, and the provisions of Part X of this Act
(relating to appeals) or Part III of the Magistrates Courts Act, 1984, as
the case may be shall apply to every such appeal.
No. 9 Criminal Procedure 1985 43
81. If on an inquiry under section 79, it is not proved that it is necessary Discharge
for keeping the peace or maintaining good behaviour, as the case may be, of person
that the person in respect of whom the inquiry is made should execute a informed
bond, the magistrate shall make an entry on the record to that effect, against
and if such person is in custody only for the purposes of the inquiry, shall
release him, or if such person is not in custody, shall discharge him.
(b) Proceedings Subsequent to order to Furnish Security
82.-(1) If the person in respect of whom an order requiring security Commenceis
made under section 74 or section 80 is, at the time the order is made, ment of sentenced to or undergoing a sentence of imprisonment, the period for period for
which which the security is required shall commence on the expiration of the security is
sentence. required
(2) In other cases the period shall commence on the date of the order
unless the magistrate for a sufficient reason fixes a latter date.
83. The bond to be executed by any such person shall bind him to keep Contents
the peace or to be of good behaviour, as the case may be, and in the latter of bond
case the commission or attempt to commit or the aiding, abetting,
counseling or procuring the commission of any offence punishable
with imprisonment, wherever it may be committed , shall be a breach of
the bond.
84. A magistrate may refuse to accept any surety offered under any of Power to
the preceding sections on the ground that, for reasons to be recorded by reject
the magistrate, that surety is an unfit person. sureties
85.-(1) If any person ordered to give security as aforesaid does not give Procedure
such security on or before the date on which the period for which such on failure
security is to be given commences, he shall, except in the case mentioned to five
in the next succeeding subsection, be committed prison or, if he is security
already in prison, be detained in prison until such period expires or until
within such period he gives the security to the court or magistrate who
made the order requiring it.
(2) When such person has been ordered by a magistrate to give security
for a period exceeding one year, such magistrate shall, if such person does
not give such security as aforesaid, issue a warrant directing him to be
detained in prison pending the orders of the District Court or the
High Court, as the case may be and the proceedings shall within one
month be laid as soon as conveniently may be before such court.
(3) The district court or High Court as the case may be, after examining
such proceedings and requiring from the magistrate any further information
or evidence which it thinks necessary may make such order in the case as
it thinks fit.
(4) The period, if any, for which any person is imprisoned for failure to
give security shall not exceed three years.
(5) If the security is tendered to the officer in charge of the prison, he
shall forthwith refer the matter to the court or magistrate who made the
order and shall await the orders of such court or magistrate.
44 No. 9 Criminal Procedure 1985
86. Whenever a district magistrate is of opinion that any person impri -
soned for failure to give security may be released without hazard to the
community, he shall make an immediate report of the case for the orders of
the High Court, and such court may, if it thinks fit, order such person to
be discharged.
Power of 87. The High Court may, at any time, for sufficient reasons to be
High court recorded in writing, cancel any bond for keeping the peace or for good
to cancel
bond behaviour executed under any of the preceding sections by order of any
court.
88.-(1) Any surety for the peaceable conduct or good behaviour of
another person may at any time apply to a magistrate to cancel any bond
executed under any of the preceding sections within the local limits of his
Discharge
of
sureties
jurisdiction.
(2) On such application being made, the magistrate shall issue his
summons or warrant, as he thinks fit, requiring the person for whom such
surety is bound to appear or to be brought before him.
(3) When such person appears or is brought before the magistrate such
magistrate shall cancel the bond and shall order such person to give, for
the unexpired portion of the term of such bond, fresh security of the same
description as the original security. Every such order shall for the
purposes of sections 83, 84, 85 and 86 be deemed to be an order made under
section 80.
PART IV
CONTROL OF CRIMINAL PROCEEDING
(a) The Director of Public Prosecutions
Director 89.-(1) There shall be a Director or of Public Prosecutions for the United
of Public Republic who shall be a public officer in the Government of the United
Prosecution Republic, and who shall be appointed by the President.
(2) A person shall not be qualified for appointment to hold or to act in
the office of Director of Public Prosecutions unless he is qualified to practice
as an advocate of the High Court of the United Republic and has been
so qualified for not less than five years.
Powers of 90.(1) The Director of Public Prosecutions shall have powers in any
the Director case in which he considers it desirable so to dooPfr
oPsuebcluictions (a) tboe ifnosrtei tauntey acnodu rut n(doethrteark teh acnri ma cinoaulr tp-rmoacreteiadli)n igns raegsapiencstt oafn ayn pye orsfofennce
alleged to have been committed by that person;
(b) to take over and continued any such criminal proceedings that have
been instituted or undertaken by any other person or authority and
(c) to discontinue any such criminal proceedings instituted or undertaken
by him or any other authority or person.
(2) The powers of the Director of Public Prosecutions under sub-section
(1) of this section may be exercised by him in person or through officers
of his department acting in accordance with his general or special instruction.
(3) The powers conferred on the Director of Public Prosecution
by paragraphs (a) and (b) of sub-section (1) shall be vested in him to
the exclusion of any other person or authority, save that where any other
person or authority has instituted criminal proceedings, nothing in this
sub-section shall prevent the withdraw of those proceedings by or at the
instance of that person or authority and with the leave of the Court.
Power to release
persons
imprisoned
for failure to
give security
No. 9 Criminal Procedure 1985 45
(3) In the exercise of his powers under this Act the Director of Public
Prosecutions shall have regard to the public interest, the interests of justice
and the need to prevent abuse of the legal process.
(4) For the purposes of this section, any appeal from any judgment
in any criminal proceedings before any court or any question of law reserved
for the purpose of any such proceedings to any other court in Tanzania
shall be deemed to be part of the proceedings; save that the power conferred
upon the Director of Public Prosecutions by paragraph (c) of sub-section (1)
of this section shall not be exercised in relation to any appeal by a person
convicted in any criminal proceedings or to any question of law reserved
at the instance of such person.
(5) In the exercise of the powers conferred on him by this section, the
Director of Public Prosecutions shall have and exercise his own discretion
and shall not be subject to the directions or control of any person except
the President.
91- (l) In any criminal case and at any stage thereof before verdict or
judgment, as the case may be, the Director of Public Prosecutions may of Public
enter a nolle prosequi, either by standing in court or by informing the court Prosecutions concerned in writing on behalf of the Republic that the proceedings shall to enter
not continue, and thereupon the accused shall at once be discharged in nolle
respect of the charge for which the nolle proseque is entered, and if he has prosequi
been committed to prison shall be released, or if on bail his recognizances
shall be discharged; but such discharge of an accused person shall not
operate as a bar to any subsequent proceedings against him on account of
the same facts.
(2) If the accused shall not be before the court when such nolle prosequi
is entered, the registrar or clerk of such court shall forthwith cause notice
in writing of the entry of such nolle prosequi to be given to the keeper of the
prison in which such accused person may be detained, and also, if the
accused person has been committed for trial, to the subordinate court by
which he was so committed, and such subordinate court shall forthwith
cause a similar notice in writing to be given to any witnesses bound over to
give evidence and to their sureties (if any) and also to the accused and his
sureties in case he shall have been admitted to bail.
92. The Director of Public Prosecutions may order in writing that all or Delegation any of the powers vested in him by the last two preceding sections and by of power by
Part VII of this Act may be exercised also by the Law Officers, a State Attor- Director
ney or a Parliamentary Draftsman and the exercise of these powers by the of Public
Law officers, a State Attorney or a Parliamentary Draftsman shall then operate
as if they had been exercised by the Director of Public Prosecutions,
save that the Director of Public Prosecutions may, in writing, revoke any
order made by him under this section.
93.-(1) Notwithstanding anything in this Act contained, the Director Criminal
of Public Prosecutions may, with the previous sanction of the President, informations
exhibit to the High Court, against persons subject to the jurisdiction of by DPP
the High Court informations for all purposes for which the Director of
Public Prosecutions may exhibit information on behalf of the Republic
in the High Court in Tanzania has instituted criminal proceedings, nothing
in this sub-section shall prevent the withdrawal of those proceedings by or at
the instance of that person or authority and with the leave of the Court.
Power of
the Director
Prosecutions
46 No. 9 Criminal Procedure 1985
(2) Such proceedings may be taken upon every such information exhibited
by the Director of Public Prosecutions.
(3) The High Court may make rules for carrying into effect the provisions
of this section.
94. (1) Proceedings for the trial of any person, who is not a citizen of
the United Republic, for an offence committed on the open sea within two
hundred nautical miles of the coast of the United Republic measured
Offence by
foreigners
committed within from the low-water mark, shall not be instituted in any court except with
territorial the leave of the Director of Public Prosecutions and upon his certificate
waters to be that it is expedient that such proceedings should be instituted.
pornolyse wcuitthed (2) This section is subject to the following ProvisionsDleaPvPe
of the (a) Paronc eaecdciunsgesd b pefeorrseo an sfuobro trrdiainl aoter tcoo uthrte p dreevteiorumsi tnoa tthioen c oomf mthiett calo oufrt
that the offender is to be put upon his trial shall not be deemed
proceedings for the trial of the offence committed by such offender
for the purposes of the said consent and certificate under
this section;
(b) it shall not be necessary to aver in any charge or information that
the consent or certificate of the Director of Public Prosecutions
required by this section has been given, and that fact of the same
having been given shall be presumed unless disputed by the accused
person at the trial. The production of a document purporting
to be signed by the Director of Public Prosecutions and containing
such consent and certificate shall be sufficient evidence for all the
purposes of this section of the consent and certificate required by
this section;
(c) this section shall not prejudice or affect the trial of any act of
piracy as defined by the Law of Nations.
(3) The term "offence" as used in this section means an act, neglect
or default of such a description as would, if committed on any part of the
territory of the United Republic, be punishable on indictment according
to the law of Tanzania for the time being in force.
(b) Appointment of Public Prosecutors and Conduct of Prosecutions
95.-(1) The Director of Public Prosecutions may, by notice published
in the Gazette, appoint public prosecutors for Tanzania or for any specified Power to
appoint
public area of Tanzania, and either generally or for any specified case or category
prosecutors of cases.
(2) The Director of Public Prosecutions may, by writing under his hand,
appoint any advocate of the High Court or person employed in the
public service to be a public prosecutor for the purposes of any Proceedings
instituted on behalf of the Republic.
(3) Every public prosecutor shall be subject to the express directions of
the Director of Public Prosecutions.
96. In any prosecution for an offence under any law other than the
Penal Code, the court may permit, either generally or in relation to any
particular case, a public officer having legal or administrative responsibility
for the enforcement of such law to conduct the prosecution, notwith-
Certain
offences
may be
prosecuted
by public
officers
No. 9 Criminal Procedure 1985 47
standing that he has not been appointed a public Prosecutor; save that
such officer shaft be subject to the directions of the Director of Public
Prosecutions in the conduct of the prosecution.
97. A public prosecutor may appear a ad plead without any written
authority before any court in which any case of which he has charge is
under inquiry, trial or appeal; and if any private person instructs an
advocate to prosecute in any such case the public prosecutor may conduct
the prosecution, and the advocate so instructed shall act therein under his
directions.
98. In any trial before a subordinate court any public prosecutor may,
with the consent of the court or on the instructions of the Director of
Public Prosecutions, at any time before judgment is pronounced, withdraw
from the prosecution of any person either generally or in respect of
one or more of the offences with which such person is charged; and upon
such withdrawal.-
(a) if it is made before the accused person is called upon to make his
defence, he shall be discharged, but such discharge of an accused
person shall not operate as a bar to subsequent proceedings against
him on account of the same facts;
(b) if it Is made after the accused person a is called upon to make his
defence, he shall be acquitted.
99.-(1) Any magistrate inquiring into or trying any case may permit
the prosecution to be conducted by any person, but no person other than
a public prosecutor or other r officer generally or specially authorized by the
President in this behalf shall be entitled to conduct the prosecution without
such permission.
(2) Any such person or officer shall have the like power of withdrawing
from the prosecution as if provided by the last preceding section, and the
provisions of that section shall apply to any withdrawal by such person or
officer.
(3) Any person conducting the prosecutor a may do so personally or by
an advocate.
(4) In a summary trial, if the prosecutor is a private person, his name
shall appear in the title of the proceedings as the prosecutor and, if the
prosecutor is a police officer, it shall be sufficient if, in the title of
the proceedings, the prosecutor is described as the Inspector-General of
Police.
PART V
INSTITUTION OF PROCEEDINGS
A. Process to Compel the Appearance of Accused Persons
(a)- Summons
100.-(1) Every summons issued by a court under this Act shall be in
writing, in duplicate, signed and scaled by the presiding officer of such
court or by such other officer as the High Court may from time to time, by
rules direct.
Power of
public
prosecutors
Withdrawal
from
prosecution
in trials
before
subordinate
courts
Permission
to conduct
prosecution
and title
of summary
proceedings
Form and
contents
of summons
48 No. 9 Criminal Procedure 1985
(2) Every summons shall be directed to the person summoned and shall
require him to appear at a time and place to be appointed in the summons
before a court having jurisdiction to inquire into or try the offence alleged
to have been committed. It shall state shortly the offence with which the
person against whom it is issued is charged.
101.-(1) Every summons shall be served by a police officer or by an
officer of the court issuing it or other public servant or such other person
Service of
summons
as the court may direct and shall, if practicable, be served personally. on
the person summoned by delivering or tendering to him one of the duplicates
of the summons.
(2) Every person on whom a summons is so served shall, if so required
by the serving officer, sign a receipt for it on the back of the other duplicate.
Service 102. Where the person summoned cannot by the exercise of due diliwhen
person gence be found, the summons may be served by leaving one of the duplicasummoned
cannot be found
tes for him with some adult member of his family or with an adult servant
residing with him or with his employer; and the person with whom the
summons is so left shall, if so required by the serving officer, sign a receipt
for it on the back of the other duplicate
Procedure 103. if the service In the manner provided by the two preceding sections
cannot by the exercise of due diligence be effected, the serving officer shall
affix one of the duplicates of the summons to some conspicuous part of the
house or homestead in which the person summoned ordinarily resides, and
thereupon the summons shall be deemed to have been duly served.
when
service
cannot be
effected
as before
provided
104. Where the person summoned is in the active service of any department
of the Government, or of a public corporation, the court issuing the
summons shall ordinarily send it in duplicate to the head of the department
of public corporation, as the case may be, in which such person is so
employed, and such head shall thereupon cause the summons to be served
in the manner provided by section 102 and shall return it to the court under
his signature with the endorsement required by that section.
Service
on servant
of Government
105. Service of summons on an incorporated company may be effected
by serving it on the secretary, local manager or other principal officer of the
company at the registered offices of such company or by registered letter
addressed to the chief executive, officer of the company. In the latter
case service shall be deemed to have been effected when the letter would
arrive in ordinary course of post.
Service
on
company
106. Where, at the trial of a corporation, a representative does not appear
at the time appointed in and by the summons or information or such
representative having appeared failed to enter any plea, the court shall order
a plea of not guilty'' to be entered and the trial shall proceed as though
entered when the corporation had duly entered a plea of ''not guilty''.
107. When a court desires that a summons issued by it shall be served
at any place outside the local limits of its jurisdiction, it shall send such
summons in duplicate to a magistrate within the local limits of whose jurisdiction
the person summoned resides or is to be served.
Service
outside
local limits
of
jurisdiction
Appearance by
corporation
plea of not
guilty to be
entered when
representative
does
not appear
No. 9 Criminal Procedure 1985 49
108. Where the officer who has served a summons is not present at the
hearing of the case, and in any case where a summons issued by a court
has been served outside the local limits of its jurisdiction, an affidavit
purporting to be made before a magistrate that such summons has been
served, and a duplicate of the summons purporting to be endorsed in the
manner previously provided by the person to whom it was delivered or
tendered or with whom it was left, shall be admissible in evidence, and the
statements made therein shall be deemed to be correct unless and until
the contrary is proved.
109.-(1) Appearance before a court by a corporation shall be by an
advocate or by any officer of the corporation.
(2) Notwithstanding anything contained in the Articles of Association,
By-laws or other documents governing the constitution of the corporation,
and notwithstanding anything in any other law contained, an officer of the
corporation appearing in court on behalf of such corporation under the
provisions of this section shall be deemed so to appear with the full
authority of such corporation and to have full powers to represent such
corporation.
(3) in this section and in section 111 "officer" in relation to a corporation
means any director, any member of the board of management by
whatsoever name or style designated, the local manager or other principal
officer of the corporation and the secretary.
(b) Warrant of Arrest
110. Notwithstanding the issue of summons, a warrant may be issued
at any time before or after the time appointed in the summons for the a
appearance of the accused. But no such warrant shall be issued unless
a complaint has been made upon oath, or by a police officer or an authorized
officer of a local government authority-
111.-(1) If the accused person, other than a corporation, does not
appear at the time and place appointed in and by the summons and his
personal attendance has not been dispensed with under section 193, the
court may issue a warrant to apprehend him and cause him to be brought
before it.
(2) If the accused, being a corporation, does not appear in the manner
provided for by section 109, the court may cause any officer of the corporation
to be brought before it in the manner provided under this Act for
the compelling the attendance of witnesses.
(3) No warrant of arrest shall be issued under this section unless a complaint
has been made on oath, or by a police officer or any authorized
officer of a local government authority.
(4) Nothing in this section shall affect the power of the court to deal
with any case in the absence of the accused, in the manner provided for
by section 193, whether the accused is an individual or a corporation.
Warrants
after
issued of
summons
Disobedience
to
summons
ord. 1960
No. 24
s. 19
Proof of
service
when
serving
officer not
present
Appearance
by
Corporation
50 No. 9 Criminal Procedure ______ 1985
112.-(1) Every warrant of arrest shall be under the hand of the judge
or the magistrate issuing the same and shall bear the seal of the court.
Form,
contents
and duration
of (2) Every warrant shall state shortly the offence with which, the person
against whom it is issued is charged and shall name or otherwise describe
such person, and it shall order the person or persons to whom it is directed
to apprehend the person against whom it is issued and bring him before
the court issuing the warrant or before some other court having jurisdiction
in the case to answer to the charge mentioned in the warrant and to be
further dealt with according to law
warrant of
arrest
(3) Every such warrant shall remain in force until it is executed or until
it is Canceled by the court which issued it.
113.-(1) Any court issuing a warrant for the arrest of any person in
respect of any offence other than murder or treason, may in its discretion
direct by endorsement on the warrant that, if such person executes a bond
with sufficient sureties for his attendance before the court at a specified
time and thereafter until otherwise directed by the court, the officer to
whom the warrant is directed shalt take such security and shall release
such person from custody.
Power to
direct
security
to be
taken
(2) The endorsement shall state-
(a) the number of sureties;
(b) the amount in which they and the persons for whose arrest the
warrant is issued d are to t e respectively bound; and
(c) the time at which he has to attend before the court.
(3) Whenever security is taken under this section the officer to whom the
warrant is directed shall forward the bond to the court.
Warrants, 114.-(1) A warrant of arrest may be directed to one or more police
tdoir ewchteodm owfiftihcienr sw, hoirc tho tohnee c pooulritc hea osf jfuicreisrd oicr ttioo na,l lo or tgheenr eproallilcye t oo faflilc eprosl iocfe tohfef iacreeras
of such area. But any court issuing such a warrant may, if its immediate
execution is necessary, and no police officer is immediately available,
direct it to an authorized officer of any local government within its jurisdiction,
or to any other person or persons, and such person or persons shall
execute the warrant forthwith.
(2) When a warrant is directed to more officers or persons than one,
it may be executed by all or by any one or more of them.
115.-(1) Any district or resident magistrate may direct a warrant to
any landholder, manager of land or farmer within the local limits of his
jurisdiction for the arrest of any escaped convict or person who has been
accused of an arrestable offence has eluded pursuit.
Warrant
may be
directed
to land
holders
etc. (2) Such landholder, manager or farmer shall acknowledge in writing
the receipt of the warrant and shall execute it if the person for whose arrest
it was issued is in or enters on his land or farm or the land under his charge.
No. 9 Criminal Procedure 1985 51
(3) When the person against whom such warrant is issued is arrested,
he shall be handed over with the warrant to the nearest police officer, who
shall cause him to be taken before a magistrate having jurisdiction unless
security is taken under section 113.
116. A warrant directed to any police officer may also be executed by
aonffyic oetrh teor wphoolimce i to ifsf idcierre cwtehdo soer ennadmoers iesd e.ndorsed upon the warrant by the
117. The police officer or other person executing a warrant of arrest shall
notify the substance of the warrant to the person to be arrested and if so
required, shall show him the warrant.
118. The police officer or other person executing a warrant of arrest
shall, without unnecessary delay, and subject to the provisions of section
1 13 as to security; bring the person arrested before the court before which
he is required by law to produce the person, and shall return the warrant
to the court with an endorsement on it showing the time and manner of
execution.
119. A warrant of arrest may be executed it any place within the United
Republic of Tanzania.
120.-(1) When a warrant of arrest is to be executed outside the local
limits of the jurisdiction of the court issuing it, such court may, instead of
directing such warrant to a police officer, forward the same by post or
otherwise to any magistrate within the local limits of whose jurisdiction
it is to be executed.
(2) The magistrate to whom such warrant is so forwarded shall endorse
his name on it and, if practicable, cause it to be executed in the manner
previously provided for within the local limits of his jurisdiction.
121.-(1) When a warrant of arrest directed to a police officer is to be
executed outside the local limits of the jurisdiction of the court issuing
the same, he shall take it for endorsement to a magistrate within the local
limits of whose jurisdiction it is to be executed.
(2) Such magistrate shall endorse his name on it, and such endorsement
shall be sufficient authority to the police officer to whom the warrant is
directed to execute it within such limits and local police officers shall,
if so required, assist such officer in executing that warrant.
(3) Whenever there is reason to believe that the delay to be occasioned
by obtaining the endorsement of the magistrate within the local limits of
whose jurisdiction the warrant is to be executcd will prevent such execution
the police officer to whom it is directed may execute the warrant without
such endorsement in any place outside the local limits of jurisdiction of
the court which issued it.
Execution
of warrant
directed
to police
officer
Notification
of
substance
of warrant
Person
arrested
to be
brought
before the
court
without
delay
Where
warrant
of arrest
may be
executed
Forwarding
of warrants
for
execution
outside
jurisdiction
Procedure
in case of
warrant
directed to
police
officer for
execution
outside
jurisdiction
52 No. 9 Criminal Procedure 1985
Procedure 122.-(1) When a warrant of arrest is executed outside the local limits
of the jurisdiction of the court by which it was issued, the person arrested
shall, unless the court which issued the warrant is within twenty miles of
on arrest
of person
outside
jurisdiction the place of arrest, or is nearer than the magistrate within the local limits
of whose jurisdiction the arrest was made, or unless security is taken under
section 113, be taken before the magistrate within the local limits of whose
jurisdiction the arrest was made.
(2) Such magistrate shall, if the person arrested appears to be the person
intended by the court which issued the warrant, direct the removal in custody
to such court.
(3) Subject to subsection (2), if such person has been arrested for an
offence other than murder or treason, and he is ready and willing to
give ball to the satisfaction of such magistrate or if the direction has been
endorsed under section 113 on the warrant and such person is ready and
willing to give security required by such direction, the magistrate shall
take such bail or security, as the case may be, and shall forward the bond
to the court which issued the warrant.
(4) Nothing in this section shall be deemed to prevent a police officer
from taking security under section 113.
123. Any irregularity or defect in the substance or form of the warrant
of arrest and any variance between en it and any written complaint or between
such complaint and the evidence produced on the part of the prosecution
at any inquiry or trial, shall not affect the validity of any proceedings at or
subsequent to the hearing of the case, but if any such variance appears
to the court to be such that the accused has been thereby deceived or misled,
the court may, at the request of the accused, adjourn the hearing of the case
to some future date, and in the meantime remand the accused or admit
him to bail.
Irregularities
in
warrant
(c) Miscellaneous Provisions Regarding Processes
Power to 124. When any person for whose appearance or arrest the officer presitake
bond ding in any court is empowered to issue a summons or warrant is present
for appear- in such court, such officer may require such person to execute a bond, with
or without sureties, for his appearance in such court.
125. Where any person who is bound by any bond taken under this
Act to appear before a court does not so appear, the officer presiding in Arrest for
breach of
bond for such court may issue a warrant directing that such person be arrested and
appearance produced before him.
126. (1) When any person for whose appearance or arrest a court is
empowered to issue summons or warrant is confined in any prison within
she local limits of the jurisdiction of such court, the court may issue an
order to the officer in charge of such prison requiring him to bring such
prisoner in proper custody, at a time to be specified in the order, before
such court.
Power of
court to
order
prisoner
to be
brought
before it
(2) The officer so in charge, on receipt of such order. shall act in accordance
with it, and shall provide for the safe custody of the prisoner during
the absence from the prison for the purpose aforesaid
ance
No. 9 Criminal Procedure 1985 53
127. The provisions contained in this part relating to summons and
warrant, and their issue, service and execution, shall, so far as may be,
apply to every summons and every warrant of arrest issued under this
Act or by a justice of the peace, and, save in so far or the same may be
inconsistent with any other law, the powers of a magistrate or court in
relation to the issuing or endorsing of summons or warrant may be exercised
by a justice of the peace.
B. Proceedings
(a) Making a Complaint
128.-(1) Proceedings may be instituted either by the making of a
complaint or by the bringing before a magistrate of a person who has been of
arrested with or without warrant.
(2) Any person who believes from a reasonable and probable cause
that an offence has been committed by any person may make a complaint
of the offence to a magistrate having competent jurisdiction.
(3) Where a complaint made under subsection (2) is made to a magistrate
who is not competent to take cognizance of the offence, he shall-
(a) if the complaint is in writing, return in for presentation to the
court with an endorsement to that effect;
(b) if the complaint is not in writing , direct the complainant to
present the complaint to the proper court.
(4) A complaint may be made orally or in writing, but if made orally.
shall be reduced to writing by the magistrate and, in either case, shall be
signed by the complainant and the magistrate
(5) The magistrate, upon receiving any such complaint, shall, subject
to section 129, draw up or cause to be drawn up, and shall sign, a formal
charge containing a statement of the offence with which the accused is
charged, unless such a charge shall be signed and presented by a police
officer.
is (b6r)o Wughhetn b aenfo arcec au smeda gpiesrtsroante w, ah ofo hrmasa bl ecehna ragrree sctoendt awinitihnogu ta as twataermraenntt
of the offence with which the accused is charged shall be signed and presented
by the police officer preferring the charge
Provisions
of this part
generally
applicable
to
summonses
and warrant
Power of
Justices of
Peace
129. Where the magistrate is of the opinion that any complaint
formal charge made or presented under section 128 does not disclosed any
offence, the magistrate shall make an order refusing to admit such
complaint or formal charge and shall record his reasons for such order.
Power of
magistrate
to reject
complaint
or formal
charge
Institution
of
proceedings
54 No. 9 Criminal Procedure 1985
130. Upon receiving a complaint and having signed the charge in
accordance with section 128, the magistrate may, in his discretion, issue
either a summons or a warrant to compel the attendance of the accused
Issue of
summons
or warrant
person before a subordinate court having jurisdiction to inquire into or
try the offence alleged to have been committed; save that a warrant shall
not be issued in the first instance unless the complaint has been made
upon oath either by the complainant or by a witness or witnesses
(b) The Formal Charge
131. Immediately after police officer charges a suspect with an offence,
the police officer shall caution the person in writing and if practicable
orally, in the prescribed manner
Persons
charged
to be
cautioned
132. Every charge or information shall contain, and shall be sufficient
if it contains, a statement of the specific offence or offences with which the
accused person is charged, together with such particulars as may be
necessary for giving reasonable information as to the nature of the offence
charged.
Offences
to be
specified
in charge
with necessary
particulars
Joinder or 133.-(1) Any offences may be charged together in the same charge
counts in or information if the offences charged are founded on the same facts or
a charge or form or are a part of a series of offences of the same or a similar character.
information (2) Where more than one offince is charged in a charge or information,
a description of each offence charged shall be set out in a separate
paragraph of file charge or information called a count.
(3) Where, before trial, or at any stage of a trial, the court is of the
opinion that a person accused may be embarrassed or prejudiced in his
defence by reason of being charged with more than one offence in the same
charge or information or that for any other reason it is desirable to direct
that the person should be tried separately for any one or more offences
charged in a charge or information , the court may order a separate trial of
any count or count of such charge or information
Joinder of 134.-(1) The following persons may be joined in one charge or
two or more information and may be tried to together namelyaccused
in (a) Persons accused of the some offence committed in the course of the
one charge same transaction
or
information
(b) person accused of an offence and person accused of a betting, or
an attempt to commit such an offence
(e) person accused of any different offence committed in the course of the
same transaction;
(d) person accused of any offence under Chapter XXIV to XXX
of the Penal Code and person accused of receiving or retaining
property, possession of which is alleged to have been transferred
by any such offence committed by the first-named persons, or on
abetment of or attempting to commit either of such last-named
offences;
No. 9 Criminal Procedure 1985 55
(c) persons accused of any offence relating to counterfeit coin under
Chapter XXXVI of the Penal Code, and persons accused of any
other offence under the said Chapter relating to the same coin,
or of abetment of or attempting to commit any such offence;
(f) persons accused of any economic offence under the Economic
and Organized Crimes Control Act, 1984.
(2) For the avoidance of doubts, it is hereby declared that nothing in
this section or in this Act shall be construed as preventing persons who
have been committed for trial separately from being joined in one charge
or information and being tried together if they are persons who fall under
any of the categories specified in subsection (1).
135. The following provisions shall apply to all charges and informations
and, notwithstanding any rule of law or practice, a charge or an
information shall, subject to the provisions of this Act, not be open to
objection in respect of its form or contents if it is framed in accordance
with the provision S or this section of this Act -
(a) (i) a count of a charge or information shall commence with a
statement of the offence changed called the statement of the
offence;
(ii) the statement of offence shall describe the offence shortly in
ordinary language avoiding as far as possible the use of technical
terms, and without necessarily stating all the essential
elements of the offence and, if the offence charged is one
created by enactment, shall contain a reference to the section
of the enactment creating the offences;
(iii) asfhtaelrl tbhee ssetta toeumt einn to ordf itnhaer yo flfaenngcuea g pea ,r tiinc uwlahrics ho fth seu uchse o offf etnecchenical
terms shall not be necessary , save that where any rule of
law limits the particulars of an offence which are required to
be given in a charge or an information , nothing in this paragnical
shall require any more particular to be given than those
so required;
(iv) the forms set out in the Second schedule to this Act, or forms
conforming to them as nearly as may be, shall be used in cases
to which they are applicable; and in other cases forms to the
like effect, or conforming to conforming as nearly as may be, shall
be used, the statement of offence and the particulars of offence
being varied according to the circumstances in each case;
(v) where a charge or an information contains more than one
count, the counts shall be numbered consecutively.
(b) (i) wtoh beere t haen deoniancgtm ofe notr cthoen sotmituistisniogn a tno odfof eanncye osntaet eosf tahney odfiffefnerceent
acts in the alternative, or the doing of or the omission to do
any act in any one of any different t capacities, or with any one
of different intentions, or states any part of the offence in the
alternative, the acts, omissions, capacities or intentions, or
other matters stated in the alternative in the enactment, may be
stated in the alternative in the count charging the offence;
Mode in
which
offences
are to be
charged
Acts 1984
No. 13
56 No. 9 Criminal Procedure 1985
(ii) it shall not be necessary, in any count charging an offence
constituted by an enactment, to negative any exception or
exemption from, or qualification to, the operation of the
enactment creating the offence.
(c) (i) the description of property in a charge or an information shall
be in ordinary language and such as to indicate with reasonable
clarity the property referred to, and, if the property is so described,
it shall not be necessary (except when required for the
purpose of describing an offence depending on any special
ownership of properly or special value of property) to name the
person to whom the property belongs or the value of the
property;
(ii) where property is vested in more than one person, and the
owners of the property are referred to in a charge or an information,
it shall be sufficient to describe the property as owned
by one of those persons by name with the others, and if the
persons owning the property are a body of persons with a
collective name, such as a joint stock company or ''Inhabi-
tants" , "Trustees", ''Commissioners" or a ''Cluba" or other
such name, it shall be sufficient to use the collective name
without naming any individual;
(iii) property belonging to or provided for the use of, any public
establishment, service or department may be described as the
property of the United Republic;
(iv) coin, bank notes and currency notes may be described as
money, so far as regards the description of the property, shall
be sustained by proof of any amount of coin or of any bank or
currency note (although the particular species of coin of
which such amount was composed, or the particular nature of
the bank or currency note, shall not be proved); and in cases of
stealing and defrauding by false pretences, by proof that the
accused persons dishonestly appropriated or obtained any
coin or any bank or currency note, or any portion of the value
thereof, although such coin or bank or currency note may
have been delivered to him in order that some part of the
value thereof should be returned to the party delivering the
same or to any other person, and such part shall have been
returned accordingly,
(v) where a person is charged with stealing money or any other
thing, it shall be sufficient to specify the gross sum or the
total number or quantity of thing as the case may be, in respect
of which the offence is alleged to have been committed and the
dates between which the offence is alleged to have been
committed, without specifying particular items or exact dates.
(d) the description or designation in a charge or an information of the
accused person, or any other person to whom reference is made
in the charge or information, shall be such as is reasonably sufficient
to identify him, without necessarily stating his correct name,
or his abode, style, degree or occupation, and, if, owing to the
name of the person not being known or for any other reason, it is
No. 9 Criminal Procedure 1985 57
impracticable to give such a description or designation, shall be
given as is reasonably practicable in the circumstances, or such
person may be described as ''a person unknown'';
(e) where it is necessary to refer to any document or instrument in
a charge or an information, it shall be sufficient to describe it by
any name or designation by which it is usually known, or by the
purport of it, without setting out any copy of it;
(f) subject to any other provision of this section, it shall be sufficient to
describe any place, time, thing, matter, act or omission of any kind
to which it is necessary to refer in any charge or information in
ordinary language in such manner as to indicate with reasonable
clarity the place, time, thing, matter, act or omission referred to;
(g) it shall not be necessary in stating any intent to defraud, deceive or
injure to state an intent to defraud, deceive or injure any particular
person, where the enactment creating the offence does not make
an intent to defraud, deceive or injure a particular person an
essential ingredient of the offence;
(h) where a previous conviction of an offence is charged in a charge
or an information, it shall be charged at the end of the charge or
information by means of a statement that the accused person has
been previously convicted of that offence at a certain time and
place without stating the particulars of the offence;
(i) figures and abbreviations may be used for expressing anything
which is commonly expressed by them.
136. When in any charge two or more persons are charged together Case of two
with committing a crime, it shall not be necessary to allege that ''both and or more
each'' or ''one or other'', or that ''all and each" or ''one or more'' of them persons
committed the crime, or did or failed to do any particular act; but such charged
alternatives shall be implied in all such charges.
(c) Previous Conviction or Acquittal
137. A person who has once been tried by a court of competent jurisdi- Persons ction for an offence and convicted or acquitted of such offence shall, convicted or
while such conviction or acquittal has not been reversed or set aside, acquitted
not be liable to be tried again on the same facts for the same offence. tnroietd t oa gbaein
for the
same
offence
138. A person convicted or acquitted of any offence may be afterwards Person
tried for any other offence with which he might have been charged on the may be
former trial under subsection (1) of section 13 4. tried again
for separate
offences
58 No. 9 Criminal Procedure 1985
Conseque- 139. A person convicted or acquitted of any act causing consequences
nces which together with such act constitute a different offence from that for
supervening which such person was convicted or acquitted, may be afterwards tried for
or not known such last-mentioned offence, if the consequences had not happened or at time of
former trial were not known to the court to have happened at the time when he was
convicted or acquitted.
140. A person convicted or acquitted of any offence constituted by
any act may, notwithstanding such conviction or acquittal, be subsequently
charged with and tried for any other offence constituted by the same acts
which he may have committed, if the court by which he was first tried
was not competent to try the offence with which he is subsequently
Where
original
court was
not
competent
to try
subsequent charged.
charge
141.-(1) In any inquiry, trial or other proceeding under this Act,
a previous conviction may be proved, in addition to any other mode
provided by any law for the time being in force-
Previous
conviction
how proved
(a) by an extract certified, under the hand of the officer having the
custody of the records of the court in which such conviction was
had, to be a copy of the sentence or order; or
(b) by a certificate signed by the officer in charge of the prison in which
the punishment or any pa rt of it was inflicted; or
(c) by production of the warrant of commitment under which the
punishment was suffered; or
(d) by production of a final judgment of a competent court finally
declaring a person to be guilty of the offence;
together with, in each of such cases, evidence as to the identity of the
accused person with the person so convicted.
(2) A certificate in the form prescribed by the Director of Public Prosecutions
given under the hand of an officer appointed by the Director of
Public Prosecutions in that behalf, who shall have compared the finger
prints of an accused person with the finger prints of a person previously
convicted, shall be prima facie evidence of all facts set forth in it provided
it is produced by the person who took the finger prints or the accused.
(3) A previous conviction in any place outside Tanzania may be proved
by the production of a certificate purporting to be given under the hand
of a pohce officer in the country where the conviction was had, containing
a copy of the sentence or order and the finger prints, or photographs of
the finger prints, of the person so convicted, together with either-
(a) evidence that the finger prints, or the photographs, of the person
previously convicted are t hose of the accused person ; or
(b) a certificate given under the hand of an officer appointed by the
Director of Public Prosecutions under subsection (2) that he has
compared the finger prints, or the photographs, of the person previously
convicted with the finger prints or the photographs of the
accused person and that they are those of one and the same person.
No. 9 Criminal Procedure 1985 59
A certificate purporting to be given under the hand of a police officer in
the country where the conviction was had and a certificate given in accordance
with the provisions of paragraph (b) of this subsection shall, if in
the case of the latter certificate it is produced by the person who took the
finger prints of the accused persons, be prima facie evidence of all facts
set forth in it without proof that the offence purporting to sign it did in
fact sign it and was empowered to do so.
(d) Compelling Attendance of Witnesses
142.-(1) If it is made to appear that material evidence can be given by Summons
or Is in the possession of any person, it shall be lawful for a court to issue for
summons to such person requiring his attendance before such court or witness
requiring him to bring and produce to such court for the purpose of evidence
all documents and writings in his possession or power which may
be specified or otherwise sufficiently described in the summons.
(2) Nothing in this section shall be deemed to affect the provisions of Acts, 1967
section 132 of the Evidence Act, 1967. No. 6.
143. If, without sufficient excuse, a witness does not appear in obedi- Warrant
ence to a summons, the court, on proof of the proper service of the for witness
summons a reasonable time before, may issue a warrant to bring him who disobeys
before the court at such time and place as shall be specified in the warrant. summons
144. If the court is satisfied by evidence on oath that such person will Warrant for not attend unless compelled to do so, it may at once issue a warrant for witness in
tthoe b aer rsepsetc aifnide dp rino dtuhcet iwoanr orafn tth oe fw airtrneessts. before the court at a time and place afinrcset appear-
145. When any witness is arrested under a warrant the court may, on Mode of
his furnishing security by recognizance to the satisfaction of the court for dealing with
chuiss taopdpye,a orar nschea lalt, tohne hhiesa frainilgin ogf ttoh efu cransiesh, o srudcehr hseimcu rtoit yb,e o rredleera sheidm f rtoo mbe w auirntrndeeesstrsed detained for the production at such hearing. warrant
146.-(1) Any court desirous of examining as a witness, in any case Power of
pending before it, any person confined in any prison within the local limits ocroduerr tp troisoner
of its jurisdiction may issue an order to the officer in charge of the prison to be brought
.
requiring him to bring that prisoner in proper custody, at a time to be up for
named in the order, before the court for examination. examination
(2) The officer so in charge, on receipt of such order, shall act in accordance
'with it and shall provide for the safe custody of the prisoner during
his absence from the prison for the purpose specified in the order.
147.-(1) Any person summoned to attend as a witness who, without Penalty
lawful excuse, fails to attend as required by the summons, or who, having for nonattended,
departs without having obtained the permission of the court, or attendance
fails to attend after adjournment of the court after being ordered to attend, of witness
shall be liable by order of the court to a fine not exceeding five hundred
shillings
(2) Such fine shall be levied by attachment and sale of any movable
property belonging to such witness which is within the local limits of the
jurisdiction of the court.
60 No. 9 Criminal Procedure 1985
(3) In default of recovery of tile fine by attachment and sale the witness
may, by order of the court, be imprisoned as a civil prisoner for a term of
fifteen days unless such fine is paid before the end of the said term.
(4) For good cause shown, the High Court may remit or reduce any fine
imposed under this section by a subordinate court.
(e)- Provisions as to Bill Recognizances and Bonds
148.-(1) When any person is arrested or detained without warrant by
an officer in charge of a police station, or appears or is brought before a
court, and is prepared at any time while in the custody of that officer or at
any stage of the proceedings before that court to give bail, the officer or
the court, as the case may be, may, subject to the following provisions of
this section, admit that person to bail; save that the officer or the court
may, instead of taking bail from that person, release him on his executing a
bond with or without sureties for his appearance as provided in this section.
(2) The amount of bail shall be fixed with due regard to the gravity and
other circumstances of the case, but shall not be excessive.
(3) The High Court may, subject to sub-section (4) and (5) of this section,
in any case direct that any person be admitted to bail or that the bail
required by a subordinate court or police officer be reduced.
(4) Notwithstanding any thin,, in this section contained no person shall,
for such period as the court shall consider necessary in the circumstances
of the, case concerned, be admitted to bail, either pending trial or pending
appeal, if the Director of Public Prosecutions certifies in writing that
it is likely that the safety or interests of the Republic would thereby be
prejudiced.
(5) A police officer in charge c f a police station, or a court before whom
an accused person is brought or appears, shall not admit that person to
bail if-
(a) that person is accused of reorder or treason;
(b) it appears that the accused person has previously been sentenced
to imprisonment for a term exceeding three years;
(c) it appears that the accused person has previously been granted
bail by a court and failed to comply with the conditions of the bail
or absconded;
(d) the accused person is charged with an offence alleged to have been
committed while he was released on bail by a court of law;
(c) the act or any of the acts constituting the offence with which a
person is charged consists of a serious assault on or threat of
violence to another person, or of having or possessing a firearm or
an explosive;
(f) it appears to the court that it is necessary that the accused person be
kept in custody for his own protection or safety.
(6) Where a court decides to admit an accused person to bail, it shall
impose the following conditions on the bail namely-
Bail
No. 9 Criminal Procedure 1985 61
(a) surrender by the accused person to the police of his passport or any
other travel document; and
(b) restriction of the movement of the accused to the area of the town,
village or other area of his residence.
su(b7s)e Act icoonu r(t6 m), aiym, pino saed daintiyo no ntoe tohre mmoarned aotfo rthy ec ofonldliotiwoninsg p rceosncdriibtieodn isn,
namely-
(i) requiring the accused to report at specified intervals to a police
station or other authority within the area of his residence;
(ii) requiring the accused to abstain from visiting a particular locality
or premises, or association with certain specified persons;
(iii) any other condition which the court may deem proper and just to
impose in addition to the preceding conditions,
which appear to the court to be likely to result in the appearance of the
accused for the trial or resumption of the trial at the time and place
required or as may be necessary in the interests of justice or for the prevention
of crime.
149. Where in connection with any criminal proceedings a subordinate
court has power to admit any person to be it, but either refuses to do to
or does so or offers to do so on terms unacceptable to him, the High
Court may admit him or direct ins admission to bail or, where he has been
admitted to bail, may vary any conditions on which he was so admitted
or reduce the amount in which he or any surety is bound to discharge any
of the sureties.
150. Where an accused person has been admitted to bail and cireumstances
arise which, if the accused person had not been admitted to bail
would, in the opinion of a prosecutor or police officer justify the court in after grant
refusing bail or in requiring bail of greater amount, the judge or magistrate,
as the case may be, on the circumstances being brought to his notice by
a prosecutor or police officer, issue his warrant for the arrest of the accused
person and, after giving the accused person opportunity of being heard,
may either commit him to prison to await trial or admit him to bail for
the same or on increased amount as the judge or magistrate may think
just.
151. Before any person is released on bail, or on his own recognizance,
a bond for such sum as the court or police, officer, as the case may be,
thinks sufficient shall be executed by such person, and when he is released
on bail, by one or more sufficient sureties, conditioned that such person
shall attend at the time and place mentioned in the bond and shall continue
so to attend until otherwise directed by the court or police officer, as the
case may be.
152.-(1) As soon as the bond has been executed the person for whose
appearance it has been executed shall be released, and when he is in
prison the court admitting him to bail shall issue an order of release to the
officer in charge of the prison, and such officer on receipt of the order shall
release him.
Power of
the High
Court to
vary terms
of bail by
lower court
Charge of
circumstances
after grant
of bail
Executive
of
bonds
Discharge
from
custody
62 No. 9 Criminal Procedure 1985
(2) Nothing in this section or section 146 shall be deemed to require
the release of any person liable to be detained for some matter other than
that in respect of which the bond was executed.
153. When any person is required by any court or officer to execute
a bond, with or without sureties, Such court or officer may, except in the
case of a bond for good behaviour, permit him to deposit a sum of money
of such amount as the court or officer may fix in lieu of executing such a
bond.
Deposit
instead
of bond
154. if, through mistake, fraud or otherwise, insufficient sureties have
been accepted, or if they afterwards become insufficient, the court may
issue a warrant of arrest directing that the person released on bail be
brought before it and may order him to find sureties, and on his failing
to do so may commit him to prison
Power to
order
sufficient
bail when
that first
taken is
insufficient
155.-(1) All or any of the sureties for the appearance and attendance
of a person released on bail may at any time apply to a magistrate to
discharge the bond either wholly or so far as it relates to the applicant or
applicants.
Discharge
of
sureties
(2) On such application being made the magistrate shall issue his
warrant of arrest directing that the person so released be brought before
him.
(3) On the appearance of such person pursuant to the warrant, or on
his voluntary surrender, the magistrate shall direct the bond to be discharged
either wholly or so far as it relates to the applicant or applicants,
and shall call -upon such person to find other sufficient sureties, and if he
fails to do so may commit him to prison.
156. Where a surety to a bond dies before the bond is forfeited, his
estate shall be discharged from all liability in respect of the bond, but the
party who gave the bond may be required to find a new surety.
Death of
of surety
1.57.-(1) A police officer may , arrest without warrant any person who
has been admitted to bail- Person
bound by
recognizance
absconding (a) if the police officer has reasonable grounds for believing that that
person is likely to break the condition that he will appear at the time
and place required or any other condition on which he was admitted
to bail, or has cause to suspect that that person is breaking or has
broken any such other conditions
or breaking
condition
of bail may
be arrested
(2) A person arrested under subsection (1)-
(b) on being notified in writing by any surety for that person that the
surety believes that person is likely to break the first mentioned
condition and for that reason the surety wishes to be relieved of
his obligation as surety
No. 9 Criminal Procedure 1985 63
(a) shall, unless he is arrested within the period of twenty-four hours
immediately preceding an occasion on which he is required by virtue
of a condition of his bail to appear before any court, be brought
as soon as practicable, and in any event within twenty-four hours
after his arrest, before a magistrate with jurisdiction of the area in
which he was arrested; and
(b) in the excepted case shall be brought before the court before which
he is required for resumption of the trial
158. Any person who is on bail and who is arrested on the reasonable
suspicion that he is preparing or is in the process of jumping bail shall,
the court is satisfied that he was justly arrested not be considered again for
any further bail in the same case.
159. Where a person absconds while lie is on bail or not being on bail,
fails to appear before the court on the date fixed and conceals himself so
that a warrant of arrest may not be executed-
(a) such of his property, movable or immovable, as is commensurate
to the monetary value of any property involved in the case may be
confiscated by attachment; and
(b) the trial in respect of that person shall continue irrespective of the
stage of the trial when the accused absconds, after sufficient efforts
have been made to trace him and compel his attendance
160.-(1) Whenever it is proved to the satisfaction of a court by which
a recognizance under this Act or the Penal Code has been taken or when
the recognizance has been taken by a police officer for appearance before
the court to the satisfaction of the court that such recognizance has been
forfeited, the court shall record the grounds of such proof and may call
upon any person bound by such recognizance to pay the penalty thereof
or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid, the court
may proceed to recover the same by issuing a warrant for the attachment
and sale of the movable property belonging to that person or his estate if
he be dead.
(3) The warrant may be executed within the local limits of the jurisdiction
of the court which issued it and it shall authorise the attachment and
sale of the movable property belonging to that person without such limits
when endorsed by any magistrate within the local limits of whose jurisdiction
that property is found.
(4) If that penalty is not paid and cannot be recovered by that attachment
and sale, the person so bound shall be liable by order of the court
which issued the warrant to imprisonment for six months.
(5) The court may at its discretion remit any portion of the penalty
mentioned and enforce payment in part only.
Person
absconding
or breaking
condition
of bail not
to be
considered
for further
bail
Punishment
for breaking
or trying to
break conditions
of bail.
Forfeiture
of
recognizance
64 No. 9 Criminal Procedure 1985
(6) Where a surety to a recognizance dies before the. recognizance is
forfeited his estate shall be discharged from all liability in respect of the
recognizance.
(7) When any person who has furnished security is convicted of an
offence the commission of which constitutes a breach of the condition of
his recognizance a certified copy of the judgment of the court by which he
was convicted of such offence may be used as evidence in the proceedings
under this section against his surety or sureties and if such certified
is so used the court shall presume that such offence was committed by
him unless the contrary is proved.
161. All orders passed under sections 148 to 160 by any magistrate
shall be appealable to and may be reviewed by the High Court.
Appeal
from and
Prevision
of orders
162. The High Court may direct any magistrate to levy the amount
due on the recognizance to appear and attend at the High Court.
163. In the case of proceeding for common assault or for any other
offence of personal or private nature the court may, if is of the opinion
that the public interest does not demand the infliction of the penalty,
promote reconciliation, and encourage and facilitate the settlement, in
an amicable way, of the proceedings or on terms of payment of compensation
or other term approved by the court, and may thereupon order the
proceedings to be stayed.
PART VI
TRIALS
GENERAL PROVISIONS RELATING TO TRIALS
A.-POWERS OF COURTS
(a) Towers Generally
Offences 164.-(1) Subject to the other provisions of this Act, any offence
under under the Penal Code may be tried by the High Court or, where the
Penal Code offence is shown in the fifth column of Part A of the First Schedule to
this Act, to be triable by a subordinate court, by a subordinate court
(2) Notwithstanding subsection (1), where no provision is made m
Part A of the First Schedule to this Act m respect of offence under
have always been triable, by the High Court as well as by a subordinate
court.
165.-(1) Any offence under any law other than the Penal Code shall.
when any court is mentioned in that behalf in that law, be tried by that
court.
Offences
under
other
laws other
than the
Penal Code
the panel Code, such offence shall be triable, and shall be deemed to
on certain
recognizances
Reconciliation
in certain cases
Power to
direct levy of
amount due
No. 9 Criminal Procedure 1985 65
(2) Where no court is so mentioned it may, subject to the other provisions
of this Act, be tried by the High Court or, where the offence is
shown in the fifth column of Part B of the First Schedule to this Act to
be an offence triable by subordinate court, by a subordinate court
166. The High Court may pass any sentence or make any other order Sentences
authorised by law. which High
Court may
pass
167.-(1) Any court may pass any lawful sentence combining any of
the sentences which it is authorized by law to pass; but where a subordinate
court presided over by a magistrate other than a resident magistrate or
senior district magistrate, imposes a sentence of corporal punishment in
addition to a sentence of imprisonment, no such sentence of corporal
punishment shall be carried into effect until confirmed by the High Court.
(2) In determining the extent of the court's jurisdiction under. section
164 to pass a sentence of imprisonment the court shall be deemed to have
Jurisdiction to pass the full sentence of imprisonment mentioned in the said
section in addition to any term imprisonment which may be awarded in
168.-(1) Where a person is, at one trial by the High Court, convicted
of two or more offences, the High Court may sentence him for those
offences to the several punishments prescribed for them; and when consisting
of imprisonment, such punishment shall commerce the one after
the expiration of the other in such order as the High Court may direct
unless the High Court directs that those punishments shall run concurrently.
(2) Where a person is convicted at one trial of two or more offences by a
subordinate court the court may, subject to the provisions of subsection (3),
sentence him for those offences to the several punishments prescribed for
them and which the court is competent to impose and those punishments
when consisting of imprisonment, shall commence the one after the expiration
of the other, m such order as the court may direct, unless the court
directs that the punishments shall run concurrently
(3) Notwithstanding the provisions of subsection (2), a subordinate
court shall not, m any case in which it has convicted a person at one trial
of two or more offences, be competent-
(a) where the court imposes substantive sentences of imprisonments
only, to impose consecutive sentences of imprisonment which
exceed in aggregate-
(i) in any case in which any of the offences of which the offender
has been convicted is an offence m respect of which a subordinate
court may lawfully pass a sentence of imprisonment for
a term exceeding five years, a term, of imprisonment for ten
years;
(ii) in any other case, a term of imprisonment for eight years;
(b) where the court imposes sentence of fines only, to impose sentences
of fines which exceed in aggregatedefault
of payment of a fine
Combination
of
sentences
Sentences in
cases of
conviction
of two or
more offences
at one
trial
66 No. 9 Criminal procedure 1985
(i) in any case in which any of the offences of which the offender
of which a subordinate
exceeding ten thousand
is convicted is an offence in respect
court may lawfully impose a fine
shillings, a sum equal to thrice the amount of which the subordinate
court may so lawfully impose;
(ii) in any other case, a sum of thirty thousand shillings; save
that the aggregate of consecutive sentences of imprisonment
in default of payment of fines shall not exceed a term of irnprisonment
of eight years;
(c) where the court passes a combination of a substantive sentence
or sentences of imprisonment and a fine or fines, to impose sentences
which exceed-
(i) an aggregate of consecutive sentences of imprisonment whether
substantive sentences of imprisonment or sentences of
imprisonment in default of payment of fine, of ten years; and
(ii) a total of fines of thirty thousand shillings or where any of the
offences of which the offender is convicted is an offence in
respect of which a subordinate court may lawfully impose a
fine exceeding ten thousand shillings, a sum equal to twice
the amount of fine which the subordinate court may so lawfully
impose.
(4) For the purpose of appeal or confirmation, the aggregate imposed
under this section in cases of convictions for two or more offences at one
trial shall be deemed to be a single sentence.
(5) Notwithstanding subsection (4), where two or more sentences of
imprisonment are directed to run concurrently, only the longer term of
those sentences of imprisonment shall be taken into account for computing
the aggregate of sentences of imprisonment for the purposes of this section
Exclusion 169.-(1) Where, in any proceedings in a court in respect of an offence,
of evidence objection is taken to the admission of evidence on the ground that the
illegally
obtained
evidence was obtained in contravention of, or in consequences of a Contravention
of, or of a failure to comply with a provision of this or any other
Act or law, in relation to a person the court shall, in its absolute discretion,
not admit the evidence unless it is on the balance of probabilities, satisfied
that the admission of the evidence would specifically and substantially
benefit the public interest without unduly prejudicing the rights and
freedom of any person.
(2) The matters that a court may have regard to in deciding whether,
in proceeding in respect of any offence,it is satisfied as required by sub
section (1) include-
(a) the seriousness of the offence in the course of the investigation of
which the provision was contravened, or was no complied with
the urgency and difficulty of detecting the offender and urgency
or the n to preserve evidence of the fact;
(b) the nature and seriousness of the contravention or failure; and
(c) the extent to which the evidence that was obtained in contravention
of in consequence of the contravention of or in consequence of
the failure to comply with the provision of any law, might have
been lawfully obtained.
No. 9 Criminal Procedure 1985 67
(3) The burden of satisfying the court that evidence obtained in contravention
of, m consequence of the contravention of, or in consequence of
the failure to comply with a provision of this Act should be admitted in
proceedings lies on the party who seeks to have the evidence admitted-
(4) This section is in addition to, and not in derogation of, any other
law or rule under which a court may refuse to admit evidence in
proceedings.
(b) Subordinate Courts
170.-(l) A subordinate Court may, in the cases in which such sentences
are authorized by law, pass the following sentences
(a) imprisonment for a term not exceeding five years; save that where
a court convicts a person for a schedule offence, it may, if such
sentence is authorized by law, pass a sentence of imprisonment for
such offence for a term not exceeding eight years;
(b) a fine not exceeding twenty thousand shilling
(c) subject to the provisions of the Corporal Punishment Ordinance,
corporal punishment;
(2) Notwithstanding the provisions of subsection (1)-
(a) a sentence of imprisonment-
(i) for a scheduled offence, which exceeds the minimum term of
imprisonment prescribed in respect of it by the Minimum
Sentences Act, 1972;
(ii) for any other offence, which exceeds twelve months;
(b) a sentence of corporal punishment which exceeds twelve strokes;
(c) a sentence of a fine or for the payment of money (other than payment
of compensation under the Minimum Sentences Act, 1972)
which exceeds six thousand shillings;
shall not be carried into effect, executed or levied until the record of the
case, or a certified copy of it, has been transmitted to the High Court
and the sentence or order has been confirmed by a Judge.
save that this section shall not apply in respect of any sentence passed by
a Senior Resident Magistrate of any grade or bank
(3) The provisions of subsection (2) shall apply in relation to a sentence
of imprisonment whether such sentence is a substantive sentence of imprisonment
in default of a payment of a fine or a or a combination of two sentences.
(4) The provisions of subsection (1) shall. be without prejudice to the
provisions of any written law authorizing a subordinate court to impose
in relation to any offence specified in such written law, a sentence in excess
of the sentences provided for in that subsection.
(5) In this section ''scheduled offence'' shall have the meaning assigned
to that expression by the Minimum Sentences Act, 1972.
Sentences
which a
subordinate
court may pass
68 No. 9 Criminal Procedure 1985
171.-(1) Where under the provisions of this Act a subordinate court;
presided over by a District Magistrate convicts any adult of an offence;
then, if on obtaining information as to the character and antecedents of
such adult or as to the circumstances of the offence, the court is of opinion
that they are such that greater punishment should be inflicted for the
offence than the court has power to inflict, the court may, instead, of
dealing with him in any other manner, commit the offender in custody to
the High Court for sentence in accordance with the following provisions,
of this section.
(2) Where an offender is committed to the High Court for sentence
under the provisions of this section, the High Court shall inquire into the
circumstances of the case and shall deal with the offender in any manner
in which he could have been dealt with by the High Court if he had beenconvicted
by the High Court of the offence in question.
(3) If the High Court imposes a sentence on the offender, the provisions
of this Act with regard to an appeal against conviction only shall apply as
for any other case tried by a subordinate court.
(4) The High Court may in its discretion postpone its inquiry under
the provisions of subsection (2) of this section until the expiration of the
time for filing notice of appeal against conviction, and if such notice has
been filed before the High Court commences such inquiry until final determination
of such appeal or subsequent appeals or for such lesser period
as the court may deem fit.
(5) Where a person, who has been committed in custody to the High
Court for sentence in accordance with the provisions of subsection (1),
files a notice of appeal against his conviction, the High Court or the subordinate
court which convicted such person may, for reasons to be recorded
by it in writing, grant bail with or without sureties pending the hearing of
such appeal.
(6) The provisions of this section shall be so construed as to enable the
High Court in its consideration of any case thereunder to exercise its power
of revision under section 373 of this Act in the same manner as if the
record of the proceedings had under that section been reported to the
High Court for orders.
172.-(1) Whenever a subordinate court passes a sentence which rebail
pending quires confirmation, the court imposing such sentence may in its discretion- Release on
confirmation release the person sentenced on bail pending confirmation or such order, and powers
of confirm. as the confirming court may wake.
ing court (2) Where-
(a) a person is committed in custody for sentence by the High Court; or
(b) a person is remanded in custody awaiting the confirmation of his
sentence by a higher court;
(c) a person has been in remand custody for a period awaiting his trial;
his sentence whether it is under the Minimum Sentence Act, 1972 or
otherwise, shall start to run when such sentence is imposed confirmed,
as the case may be, and such sentence shall take into account the period
the person spent in remand.
When
subordinate
court may
commit to
High Court
for sentence
No. 9 Criminal Procedure 1985 69
(4) If the person sentenced is at the time sentence is passed serving a
sentence of imprisonment for another offence the term of imprisonment
to which he is sentenced shall, unless the court otherwise orders, run from
the date of the expiry of the sentence for such other offence, subject to
subsection (5).
(5) The High Court may exercise the same powers in confirmation as
are conferred upon it in revision by Part X of this Act.
(6) The confirming court may in its discretion where no order has been
made under subsection (1) of this section by the convicting court, release
the person sentenced on bail pending an order in revision made by the
High Court in exercise of its power under section 385 of this Act.
(7) Where a person is convicted of an offence specified in any of the
Schedules to the Minimum Sentences Act, 1972, the provisions of this
section shall have effect subject to provision; of section 8 of that Act.
(c) Extended jurisdiction of Subordinate Courts
173.-(1) The Minister lay, on the recommendation of the Chief
Justice or, in his absence, the Senior Puisne Judge then being in Dar es
Salaam by order-
(a) invest any resident magistrate with power to try any category of
offences which, but for the provisions of this section, would ordinarily
be tried by the High Court and may specify the area within
which he may exercise such extended powers, or
(b) invest any such magistrate with power to try any specified case
or cases of such offences,
and such magistrate shall, by virtue of such order, have power, in respect
of the offences, specified in the order, to impose any sentence which could
lawfully be imposed by the High Court.
(2) Nothing in this section shall effect the power of the High Court to
order the transfer of cases.
174. All offences tried under the provisions of section 173 shall be tried
with the aid of two or more assessors and in the manner prescribed for the
trial of offences by the High Court.
175.-(1) Every sentence of death passed by a subordinate court exercising
power conferred upon it under section 173, shall, if the accused
person does not appeal to the Court of Appeal, be subject to confirmation
by the High Court, and whenever such subordinate court imposed such
a sentence, the record of the case, or a certified copy of it, shall if no appeal
is preferred within the time prescribed for the lodging of the appeal, without
delay be transmitted to the High Court for confirmation; such sentence
of death shall not be carried out until the sentence has been confirmed.
(2) The High Court may exercise the same powers in confirmation
under this section as are conferred upon it in revision n by Part X of this Act.
Confirmation
of sentences
of
death in certion
cases
Trials to be
with aid of
assessors
Extended
jurisdiction
70 No. 9 Criminal Procedure 1985
176. In every case where a sentence of death is confirmed, by the High
Court, the judge confirming the sentence shall as soon as maybe transmit
the record of the case or a certified true copy of it to the President together
with a report in writing signed by him containing any recommendation
or observations which he may think fit to make and forwarding with it
any recommendation or observations made by the Court which sentenced
the accused, and after that the matter shall be dealt with under Part VIII
of this Act.
B. Of Trials Generally
(a) Place of Inquiry or Trial
General 177. Every court has authority to cause to be brought before it any
person who is within the local limit of its jurisdiction and is charged with
an offence committed within Tanzania or which according to law may be
dealt with as if it had been committed within Tanzania and to deal with
the accused person according to its jurisdiction.
authority
courts of
Tanzania
178. The High Court may inquire into and try any offence, subject to
its jurisdiction in any place where it has power to hold sittings; save that
except under section 93, no criminal case shall be brought under cognizance
of the High Court unless the same shall have been previously investigated
by a subordinate court and the accused person shall have been
committed for trial before the High Court.
Power of
the High
Court
Place and 179.-(1) For the exercise of its original criminal jurisdiction the High
date of Court shall hold sittings at such places and on such days as the Chief
sessions of Justice may direct.
the High
Court (2) The Registrar of the High Court shall ordinarily give notice before
hand of all such sittings.
180.. Subject to the provisions of section 178 and to the powers of transfer
conferred by section 189, 190 and 191, every offence shall be inquired Ordinary
place of
tirniqaluiry and winhtoo saen jdu rtirsieddic, taiosn t hite wcaasse c ommaym bitete, db yo ra w ciothuirnt wthieth lionc athl eli mloictas lo lfi mwihtso soef
jurisdiction the accused was apprehended, or is in custody on a charge for
the offence, or has appeared in answer to a summons lawfully issued charging
him with the offence.
181. When a person is accused of the commission of any offence by
reason of anything which has been done or of any consequence which has
ensued, such offence may be inquired into or tried as the case may be by
Trial at Place
where act
done or
where conse a court within the local limits of whose jurisdiction any such thing has quence of been done or any such consequence has ensued.
offence
ensued
Trials where 182. When an act is an offence by reason of its relation to any other
offence is act which is also an offence or which would be an offence if the doer were
connected capable of committing an offence charge of the mentioned offence may
with another be inquired into or tried by a court within the local limits of whose jurisoffence
diction either act was done.
Record and
report to be
sent to be
President
No. 9 Criminal Procedure 1985 71
183. When it is uncertain in which of several local areas an offence was
committed; or when an offence is committed partly in one local area and
partly in another; or when it consists of several acts done in different local
areas, it may be inquired into or tried by a court having jurisdiction Over
any of such local areas.
184. An offence committed whilst the offender is in the course of performing
a journey or voyage may be inquired into or tried by a court through
or into the local limits of whose jurisdiction the offender or the person
against whom or the thing in respect of which the offence was committed
passed in the course of that journey or voyage.
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