CHAPTER 87
PENAL CODE ACT

Arrangement of Sections

   Section

PART I
GENERAL PROVISIONS

CHAPTER I
PRELIMINARY

   1.   Short title

   2.   Saving of certain laws

CHAPTER II
INTERPRETATION

   3.   General rule of interpretation

   4.   Interpretation

CHAPTER III
APPLICATION OF THIS CODE

   5.   Extent of jurisdiction of local Courts

   6.   Liability for offences committed partly within and partly beyond the jurisdiction

CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

   7.   Ignorance of law

   8.   Bona fide claim of right

   9.   Intention and motive

   10.   Mistake of fact

   11.   Presumption of sanity

   12.   Insanity

   12A.   Defence of diminished responsibility

   13.   Intoxication

   14.   Immature age

   15.   Judicial officers

   16.   Defence of duress or co-ercion

   17.   Defence of person or property

   18.   Use of force in effecting arrest

   19.   Repealed by Act 3 of 1990

   20.   Person not to be punished twice for same offence

CHAPTER V
PARTIES TO OFFENCES

   21.   Principal offenders

   22.   Offences committed by joint offenders in prosecution of common purpose

   23.   Counselling another to commit an offence

CHAPTER VI
PUNISHMENTS

   24.   Different kinds of punishment

   25.   Sentence of death

   26.   Imprisonment

   26A.   Sentence of community service

   27.   Corporal punishment

   28.   Fines

   29.   Forfeiture

   30.   Compensation

   31.   Security for keeping the peace

   32.   Costs

   33.   Court to send particulars of conviction of non-citizens to Minister responsible for home affairs

   34.   Deportation within Zambia

   35.   Provisions as to sentences of deportation

   36.   One act constituting several crimes, etc.

   37.   Date from which sentence takes effect

   38.   General punishment for misdemeanours

   39.   Sentences cumulative unless otherwise directed

   40.   Escaped convicts to serve unexpired sentences when recaptured

   41.   Absolute and conditional discharge

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

PART II
CRIMES

DIVISION I
OFFENCES AGAINST PUBLIC ORDER

CHAPTER VII
TREASON AND OTHER OFFENCES

   43.   Treason

   44.   Concealment of treason

   45.   Treason-felony

   46.   Promoting tribal war

   47.   Repealed

   48.   Inciting to mutiny

   49.   Aiding soldiers or police in acts of mutiny

   50.   Inducing soldiers or police to desert

   51.   Aiding prisoners of war to escape

   52.   Definition of overt act

   53.   Prohibited publications

   54.   Offences in respect of prohibited publications

   55.   Delivery of prohibited publication to police station

   56.   Power to examine packages

   57.   Offences in respect of seditious practices

   58.   Legal proceedings

   59.   Evidence

   60.   Seditious intention

   61.   Persons deemed to have published a seditious publication

   62.   Interpretation

   63.   Unlawful oaths to commit capital offences

   64.   Other unlawful oaths to commit offences

   65.   Compulsion: how far a defence

   66.   Unlawful drilling

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

   68.   Insulting the national anthem

   69.   Defamation of President

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

CHAPTER VIII
OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY

   71.   Defamation of foreign princes

   72.   Foreign enlistment

   73.   Piracy

CHAPTER IX
UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILITY

   74.   Definitions of unlawful assembly and riot

   75.   Punishment of unlawful assembly

   76.   Punishment of riot

   77.   Making proclamation for rioters to disperse

   78.   Dispersion of rioters after proclamation made

   79.   Rioting after proclamation

   80.   Preventing or obstructing the making of proclamation

   81.   Rioters demolishing buildings, etc.

   82.   Rioters injuring buildings, etc.

   83.   Riotously interfering with railway, vehicle, etc.

   84.   Going armed in public

   85.   Possession of offensive weapons or materials

   86.   Forcible entry

   87.   Forcible detainer

   88.   Affray

   89.   Challenge to fight a duel

   90.   Threatening violence

   91.   Proposing violence or breaches of the law to assemblies

   92.   Wrongfully inducing a boycott

   93.   Assembling for the purpose of smuggling

DIVISION II

CHAPTER X
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

   94.   Repealed

   95.   Repealed

   96.   Repealed

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

   98.   False claims by officials

   99.   Consent of Director of Public Prosecutions

   100.   False certificates by public officers

   101.   False assumption of authority

   102.   Personating public officers

   103.   Threat of injury to persons employed in public service

   103A.   Definition of Public Service.

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

   104.   Perjury and subordination of perjury

   104A.   Conflicting Statements on Oath.

   105.   False statements by interpreters

   106.   Punishment of perjury and subordination of perjury

   107.   Evidence on charge of perjury

   108.   Fabricating evidence

   109.   False swearing

   110.   Deceiving witnesses

   111.   Destroying evidence

   112.   Conspiracy to defeat justice and interference with witnesses

   113.   Compounding felonies

   114.   Compounding penal actions

   115.   Advertisements for stolen property

   116.   Contempt of Court

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

CHAPTER XII
RESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW

   118.   Rescue

   119.   Escape from lawful custody

   120.   Aiding prisoners to escape

   121.   Removal, etc., of property under lawful seizure

   122.   Obstructing Court officers

CHAPTER XIII
MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY

   123.   Frauds and breaches of trust by public officers

   124.   Repealed

   125.   False information to public officer

   126.   Disobedience of statutory duty

   127.   Disobedience of lawful orders

DIVISION III
OFFENCES INJURIOUS TO THE PUBLIC IN GENERAL

CHAPTER XIV
OFFENCES RELATING TO RELIGION

   128.   Insult to religion of any class

   129.   Disturbing religious assemblies

   130.   Trespassing on burial places

   131.   Uttering words with the intent to wound religious feelings

   131A.   Definition of child

CHAPTER XV
OFFENCES AGAINST MORALITY

   132.   Definition of rape

   133.   Punishment of rape

   134.   Attempted rape

   135.   Abduction

   136.   Abduction of children

   137.   Indecent assault

   137A.   Sexual harassment

   138.   Defilement of child

   139.   Defilement of imbecile or person with mental illness

   140.   Procurring child or other person for prostitution, etc.

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

   142.   Householder, etc., permitting defilement of child premises

   143.   Reapled

   144.   Detention with intent in premises or in brothel

   145.   Power of search

   146.   Person living on earnings of prostitution or persistently soliciting

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

   148.   Power of search

   149.   Brothels

   150.   Conspiracy to defile

   151.   Attempts to procure abortion

   152.   Abortion by pregnant woman or female child

   153.   Supplying drugs or instruments to procure abortion

   154.   Knowledge of age of female immaterial

   155.   Unnatural offences

   156.   Attempt to commit unnatural offences

   157.   Harmful cultural practice

   158.   Indecent practices between persons of the same sex

   159.   Incest by males

   160.   Order for guardianship

   161.   Incest by females

   162.   Test of relationship

   163.   Conviction of incest lawful on charge of rape and vice versa

   164.   Sanction of Director of Public Prosecutions

   164A.   Consent to incest

CHAPTER XVI
OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS

   165.   Fraudulent pretence of marriage

   166.   Bigamy

   167.   Marriage ceremony fraudulently gone through without lawful marriage

   168.   Desertion of children

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

   170.   Master not providing for servants or apprentices

   171.   Child stealing

CHAPTER XVII
NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE

   172.   Common niusance

   173.   Watching and besetting

   174.   Gaming houses

   175.   Betting houses

   176.   Keeper of premises defined

   177.   Obscene matters or things

   177A.   Child pornography

   178.   Idle and disorderly persons

   179.   Use of insulting language

   180.   Nuisances by drunken persons, etc.

   181.   Rogues and vagabonds

   182.   Wearing of uniform without authority prohibited

   183.   Negligent act likely to spread infection

   184.   Adulteration of food or drink intended for sale

   185.   Sale of noxious food or drink

   186.   Adulteration of drugs

   187.   Sale of adulterated drugs

   188.   Fouling water

   189.   Fouling air

   190.   Offensive trades

CHAPTER XVIII
DEFAMATION

   191.   Libel

   192.   Definition of defamatory matter

   193.   Definition of publication

   194.   Definition of unlawful publication

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

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

   197.   Explanation as to good faith

   198.   Presumption as to good faith

DIVISION IV
OFFENCES AGAINST THE PERSON

CHAPTER XIX
MURDER AND MANSLAUGHTER

   199.   Manslaughter

   200.   Murder

   201.   Punishment of murder

   202.   Punishment of manslaughter

   203.   Infanticide

   204.   Malice aforethought

   205.   Killing on provocation

   206.   Provocation defined

   207.   Causing death defined

   208.   When child deemed to be a person

   209.   Limitation as to time of death

CHAPTER XX
DUTIES RELATING TO THE PRESERVATION OF LIFE AND HEALTH

   210.   Responsibility of person who has charge of another

   211.   Duty of head of family

   212.   Duty of masters and mistresses

   213.   Duty of persons doing dangerous acts

   214.   Duty of persons in charge of dangerous things

CHAPTER XXI
OFFENCES CONNECTED WITH MURDER

   215.   Attempt to murder

   216.   Attempt to murder by convict

   217.   Accessory after the fact to murder

   218.   Written threat to murder

   219.   Conspiracy to murder

   220.   Concealing the birth of children

   221.   Child destruction

CHAPTER XXII
OFFENCES ENDANGERING LIFE OR HEALTH

   222.   Disabling with intent to commit felony or misdemeanour

   223.   Stupefying with intent to commit felony or misdemeanour

   224.   Acts intended to cause grievous harm or prevent arrest

   225.   Preventing escape from wreck

   226.   Acts endangering railways and persons travelling thereon

   227.   Trespass on railway

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

   229.   Grievous harm

   230.   Attempting to injure by explosive substances

   231.   Maliciously administering poison with intent to harm

   232.   Unlawful wounding or poisoning

   233.   Failure to supply necessaries

   234.   Responsibility as to surgical operation

   235.   Criminal responsibility

   236.   Exception

CHAPTER XXIII
CRIMINAL RECKLESSNESS AND NEGLIGENCE

   237.   Reckless and negligent acts

   238.   Unlawful acts causing harm

   239.   Dealing with poisonous substances in negligent manner

   240.   Endangering safety of persons travelling by railway

   241.   Exhibition of false light, mark or buoy

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

   243.   Obstruction of waterways

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

   245.   Trespass on aerodromes

   246.   Obstruction of roads or runways

CHAPTER XXIV
ASSAULTS

   247.   Common assault

   248.   Assaults occasioning actual bodily harm

   248A.   Assaul or battering of child

   249.   Assaults on persons protecting wrecks

   250.   Assaults punishable with five years’ imprisonment

CHAPTER XXV
OFFENCES AGAINST LIBERTY

   251.   Definition of kidnapping from Zambia

   252.   Definition of kidnapping from lawful guardianship

   253.   Definition of abduction

   254.   Punishment for kidnapping

   255.   Kidnapping or abducting in order to murder

   256.   Kidnapping or abducting with intent to confine person

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

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

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

   260.   Punishment for wrongful confinement

   261.   Buying or disposing of any person as a slave

   262.   Habitual dealing in slaves

   263.   Unlawful compulsory labour

DIVISION V
OFFENCES RELATING TO PROPERTY

CHAPTER XXVI
THEFT

   264.   Things capable of being stolen

   265.   Definition of theft

   266.   Special cases

   267.   Funds, etc., held under direction

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

   269.   Money received for another

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

   271.   Husband and wife

   272.   General punishment for theft

   273.   Stolen wills

   274.   Stealing postal matter, etc.

   275.   Stock theft

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

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

   277.   Stealing by persons in public service

   278.   Stealing by clerks and servants

   279.   Stealing by directors or officers of companies

   280.   Stealing by agents, etc.

   281.   Stealing by tenants or lodgers

   281A.   Stealing of motor vehicle

   281B.   Search, seizure and arrest of person in relation to theft of motor vehicle

   282.   Repealed by Act 29 of 1974

CHAPTER XXVII
OFFENCES ALLIED TO STEALING

   283.   Concealing registers

   284.   Concealing wills

   285.   Concealing deeds

   286.   Killing animals with intent to steal

   287.   Severing with intent to steal

   288.   Fraudulent disposition of mortgaged goods

   289.   Fraudulent dealing with metals or minerals

   289A.   Fraudulent dealing with motor vehicles

   290.   Fraudulent appropriation of power

   291.   Conversion not amounting to theft

CHAPTER XXVIII
ROBBERY AND EXTORTION

   292.   Robbery

   293.   Assault with intent to steal

   294.   Aggravated robbery

   295.   Aggravated assault with intent to steal

   296.   Demanding property by written threats

   297.   Attempts at extortion by threats

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

   299.   Demanding property with menaces with intent to steal

CHAPTER XXIX
BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES

   300.   Definition of breaking and entering

   301.   Housebreaking and burglary

   302.   Entering dwelling-house with intent to commit felony

   303.   Breaking into building and committing felony

   304.   Breaking into building with intent to commit felony

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

   306.   Criminal trespass

   307.   Forfeiture

CHAPTER XXX
FALSE PRETENCES

   308.   Definition of false pretence

   309.   Obtaining goods by false pretences

   309A.   Obtaining pecuniary advantage by false pretences

   310.   Obtaining execution of a security by false pretences

   310A.   Intent to deceive

   311.   Cheating

   312.   Obtaining credit, etc., by false pretences

   313.   Conspiracy to defraud

   314.   Frauds on sale or mortgage of property

   315.   Pretending to tell fortunes

   316.   Obtaining registration, etc., by false pretences

   317.   False declaration for passport

CHAPTER XXXI
RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES

   318.   Receiving property stolen or unlawfully obtained

   319.   Person suspected of having or conveying stolen property

   320.   Receiving goods stolen outside Zambia

CHAPTER XXXII
ILLEGAL POSSESSION OF DIAMONDS AND EMERALDS

   321.   Illegal possession of diamonds or emeralds

   322.   Forfeiture on conviction

CHAPTER XXXIII
FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING

   323.   Trustees fraudulently disposing of trust property

   324.   Directors and officers of corporations or companies fraudulently appropriating property or keeping fraudulent accounts or falsifying books or accounts

   325.   False statements by officials of companies

   326.   Fraudulent false accounting

   327.   False accounting by public officer

DIVISION VI
MALICIOUS INJURIES TO PROPERTY

CHAPTER XXXIV
OFFENCES CAUSING INJURY TO PROPERTY

   328.   Arson

   329.   Attempts to commit arson

   330.   Setting fire to crops and growing plants

   331.   Attempts to set fire to crops, etc.

   332.   Casting away vessels

   333.   Attempts to cast away vessels

   334.   Injuring animals

   335.   Punishment for malicious damages in general, etc

   336.   Attempts to destroy property by explosives

   337.   Communicating infectious diseases to animals

   338.   Removing boundary marks with intent to defraud

   339.   Wilful damage, etc., to survey and boundary marks

   340.   Penalties for nusiance or trespass on railway works, etc

   341.   Threats to burn or destroy

DIVISION VI A
VANDALISM TO PUBLIC AND PRIVATE PROPERTY

CHAPTER XXXIVA
PUNISHMENT FOR VANDALISM

   341A.   Interpretation

   341B.   High Court

   341C.   Non application of section 26(2) of Penal Code

   341D.   Vandalism of public or private property necessary or incidental to provisions of necessary service

   341E.   Vandalism of public buildings, infrastructure, etc

   341F.   Vandalism of computer or computerised system

   341G.   Vandalism of traffic signs and traffic signals

   341H.   Vandalism of navigation signs and signals on water way

   341I.   Offences by body corporate, etc

   341J.   Attempts to vandalise property

   34IK.   Aiding, abetting, soliciting, etc

   341L.   Threats to vandalise

   341M.   Cognizable offences

   341N.   Forfeiture

DIVISION VII
FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES

CHAPTER XXXV
DEFINITIONS

   342.   Definition of forgery

   343.   Definition of document

   344.   Making a false document

   344A.   Intent to deceive

   345.   Intent to defraud

CHAPTER XXXVI
PUNISHMENTS FOR FORGERY

   346.   Definition of currency notes

   347.   General punishment for forgery

   348.   Forgeries punishable by imprisonment for life

   349.   Forgery of judicial or official document

   350.   Forgeries punishable by imprisonment for seven years

   351.   Making or having in possession paper or implements for forgery

   352.   Uttering false documents

   353.   Uttering cancelled or exhausted documents

   354.   Procuring execution of documents by false pretences

   355.   Obliterating crossings on cheques

   356.   Making documents without authority

   357.   Demanding property upon forged testamentary instrument

   358.   Purchasing forged notes

   359.   Falsifying warrants for money payable under public authority

   360.   Falsification of register

   361.   Sending false certificate of marriage to registrar

   362.   False statements for registers of births, deaths and marriages

CHAPTER XXXVII
OFFENCES RELATING TO COIN

   363.   Definitions of counterfeit coin and current coin

   364.   Counterfeiting coin

   365.   Preparations for coining

   366.   Clipping

   367.   Melting down of currency

   368.   Possession of clippings

   369.   Uttering counterfeit coin

   370.   Repeated uttering

   371.   Uttering foreign coin or metal as current coin

   372.   Exporting counterfeit coin

   373.   Forfeiture

CHAPTER XXXVIII
COUNTERFEIT STAMPS

   374.   Possession of die used for purpose of making stamps

   375.   Paper and dies for postage stamps

CHAPTER XXXIX
COUNTERFEITING TRADE MARKS

   376.   Definition of trade mark

   377.   Counterfeiting trade marks a misdemeanour

CHAPTER XL
PERSONATION

   378.   Personation in general

   379.   Falsely acknowledging deeds, recognizances, etc.

   380.   Personation of person named in certificate

   381.   Lending, etc., certificate for personation

   382.   Personation of person named in testimonial of character

   383.   Lending, etc., testimonial for personation

DIVISION VIII
REPEALED BY ACT 14 OF 1980.

   384.   Repealed

   385.   Repealed

   386.   Repealed

   387.   Repealed

   388.   Repealed

DIVISION IX
ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES, AND ACCESSORIES AFTER THE FACT

CHAPTER XLII
ATTEMPTS

   389.   Definition of attempt

   390.   Attempts to commit offences

   391.   Punishment of attempts to commit certain felonies

   392.   Attempts to procure commission of criminal acts

   393.   Neglect to prevent commission of a felony

CHAPTER XLIII
CONSPIRACIES

   394.   Conspiracy to commit felony

   395.   Conspiracy to commit misdemeanour

   396.   Other conspiracies

CHAPTER XLIV
ACCESSORIES AFTER THE FACT

   397.   Definition of accessories after the fact

   398.   Punishment of accessories after the fact to felonies

   399.   Punishment of accessories after the fact to misdemeanours

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to establish a Code of Criminal Law.

[1st November, 1931]

Act 42 of 1930,

Act 28 of 1931,

Act 26 of 1933,

Act 10 of 1935,

Act 3 of 1936,

Act 28 of 1937,

Act 15 of 1938,

Act 48 of 1938,

Act 26 of 1940,

Act 25 of 1941,

Act 1 of 1945,

Act 15 of 1946,

Act 43 of 1947,

Act 29 of 1948,

Act 51 of 1948,

Act 28 of 1949,

Act 1 of 1952,

Act 23 of 1952,

Act 28 of 1952,

Act 20 of 1953,

Act 22 of 1953,

Act 70 of 1953,

Act 9 of 1954,

Act 34 of 1954,

Act 36 of 1954

Act 2 of 1955,

Act 17 of 1955,

Act 23 of 1955

Act 1 of 1956,

Act 8 of 1957,

Act 27 of 1957,

Act 53 of 1957,

Act 60 of 1957,

Act 7 of 1958,

Act 21 of 1958,

Act 39 of 1958,

Act 21 of 1959,

Act 29 of 1959,

Act 33 of 1959,

Act 7 of 1960,

Act 34 of 1960,

Act 36 of 1960,

Act 26 of 1961,

Act 18 of 1962,

Act 18 of 1963,

Act 20 of 1964,

Act 57 of 1964,

Act 6 of 1965,

Act 23 of 1965,

Act 29 of 1965,

Act 48 of 1965,

Act 69 of 1965,

Act 76 of 1965,

Act 20 of 1966,

Act 1 of 1967,

Act 60 of 1967,

Act 9 of 1968,

Act 22 of 1969,

Act 25 of 1969,

Act 36 of 1969,

Act 40 of 1969,

Act 45 of 1969,

Act 31 of 1970,

Act 39 of 1970,

Act 61 of 1970,

Act 5 of 1972,

Act 32 of 1972,

Act 35 of 1973,

Act 8 of 1974,

Act 9 of 1974,

Act 29 of 1974,

Act 29 of 1976,

Act 14 of 1981,

Act 2 of 1987,

Act 3 of 1990,

Act 7 of 1990,

Act 23 of 1993,

Act 13 of 1994,

Act 12 of 2000,

Act 20 of 2000,

Act 10 of 2003,

Act 15 of 2005,

Act 17 of 2007,

Act 2 of 2011,

Act 1 of 2012,

GN 268 of 1964,

GN 303 of 1964,

GN 493 of 1964,

GN 497 of 1964,

SI 63 of 1964,

SI 152 of 1965.

PART I
GENERAL PROVISIONS

CHAPTER I
PRELIMINARY

1.   Short title

This Act may be cited as the Penal Code Act.

2.   Saving of certain laws

Except as hereinafter expressly provided, nothing in this Code shall affect—

      (a)   the liability, trial or punishment of a person for an offence against the common law or against any other law in force in Zambia other than this Code; or

      (b)   the liability of a person to be tried or punished for an offence under the provisions of any law in force in Zambia relating to the jurisdiction of the local Courts in respect of acts done beyond the ordinary jurisdiction of such Courts; or

      (c)   the power of any Court to punish a person for contempt of such Court; or

      (d)   the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code; or

      (e)   any power of the President to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or

      (f)   any written law for the time being in force for the government of the Defence Force or the Zambia Police Force:

Provided that if a person does an act which is punishable under this Code and is also punishable under another Act or Statute of any of the kinds mentioned in this section, he shall not be punished for that act both under that Act or Statute and also under this Code.

[S 2 am by Act 10 of 1935; SI 63 of 1964.]

CHAPTER II
INTERPRETATION

3.   General rule of interpretation

This Code shall be interpreted in accordance with the principles of legal interpretation obtaining in England.

[S 3 am by Act 5 of 1972.]

4.   Interpretation

Unless the context otherwise requires—

“community service” means form of punishment as a condition of suspension of a sentence of imprisonment requiring an offender tyo perform unpaid work within the community where the offender resides for the period specified in the order for community service”

[Ins by s 2 of Act 12 of 2000.]

“dwelling-house” includes any building or structure or part of a building or structure or any tent, or caravan or vessel which is for the time being kept by the owner or occupier for the residence therein of himself, his family or servants or any of them, and it is immaterial that it is from time to time uninhabited; a building or structure adjacent to or occupied with a dwelling-house is deemed to be part of the dwelling-house if there is a communication between such building or structure and the dwelling- house, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise;

“explosive” or “explosive substance” means—

      (a)   nitro-glycerine, dynamite, gun-cotton, blasting powders, gunpowder, fulminate of mercury or other metals, and every other substance or mixture, whether similar to those enumerated herein or not, used with a view to producing a practical effect by explosion; and

      (b)   any detonating, igniter or safety fuse, or article of like nature, any detonator, and every adaption or preparation of an explosive as herein defined;

“felony” means an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with death, or with imprisonment with hard labour for three years or more;

“grevious harm” means any harm which endangers life or which amounts to a maim or which seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, member or sense;

“harm” means any bodily hurt, disease or disorder whether permanent or temporary;

“judicial proceeding” includes any proceeding had or taken in or before any Court, tribunal, commission of inquiry, or person in which evidence may be taken on oath,

“knowingly”, used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used;

“local authority” means a city council, municipal council, town council, district council;

“maim” means the destruction or permanent disabling of any external or internal organ, member or sense;

“misdemeanour” means any offence which is not a felony;

“money” includes bank notes, currency notes, bank drafts, cheques and other similar orders, warrants or requests for the payment of money;

“night” or “night-time” means the interval between seven o’clock in the evening and six o’clock in the morning;

“offensive weapon” means any article made or adapted for use for causing or threatening injury to the person, or intended by the person in question for such use, and includes any knife, spear, arrow, stone, axe, axe handle, stick or similar article;

“owner” and other like terms, when used with reference to property, include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the President;

“person employed in the public service” means any person holding any of the following offices or performing the duty thereof, whether as a deputy or otherwise, namely-

      (a)   any public office; or

      (b)   any office to which a person is appointed or nominated by Act or Statute; or

      (c)   any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in either of the two last preceding paragraphs of this definition; or

      (d)   any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any Court, or in pursuance of any Act;

and the said term further includes—

      (i)   a member of a commission of inquiry appointed under or in pursuance of any Act;

      (ii)   any person employed to execute any process of a Court;

      (iii)   all persons belonging to the Defence Force;

      (iv)   all persons in the employment of any department of the Government, or a person in the employ of any corporation, body or board, including an institution of higher learning, in which the Government has a majority or controlling interest or any director of any such corporation, body or board;

      (v)   a person acting as a minister of religion of whatsoever denomination in so far as he performs functions in respect of the notification of intending marriage or in respect of the solemnisation of marriage, or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;

      (vi)   a councillor of, or a person in the employ of a local authority;

      (vii)   a person in the employ of a local authority;

“petroleum” has the meaning assigned to it by section 2 of the Petroleum Act;

“possession”, “be in possession of” or “have in possession”

      (a)   includes not only having in one’s own personal possession, but also knowingly having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to, or occupied by oneself or not) for the use or benefit of oneself or of any other person;

      (b)   if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;

“property” includes any description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;

“public” refers not only to all persons within Zambia, but also to such indeterminate persons as may happen to be affected by the conduct in respect to which such expression is used;

“public place” or “public premises” includes any public way and any building, place or conveyance to which for the time being the public are entitled or permitted to have access, either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings, or assembly or as an open Court;

“public way” includes any highway, market place, square, street, bridge or other way which is lawfully used by the public;

“publicly” when applied to acts done means either—

      (a)   that they are so done in any public place as to be seen by any person whether such person be or be not in a public place; or

      (b)   that they are so done in any place, not being a public place, as to be likely to be seen by any person in a public place;

“the State” means the Sovereign Republic of Zambia;

“Statute” means any British Act and includes any orders, rules, regulations, by-laws, or other subsidiary legislation made or passed under the authority of any Statute;

“utter” includes using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question;

“valuable security” includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property;

“vessel” includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;

“wound” means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.

[S 2 am by Act 26 of 1940; 29 of 1948, 53 of 1957, 7 of 1960, 34 of 1960; GN 268 of 1964; SI 63 of 1964; Act 69 of 1965, 76 of 1965, 20 of 1966, 25 of 1969, 36 of 1969, 5 of 1972, 35 of 1973, 29 of 1974, 3 of 1990.]

CHAPTER III
APPLICATION OF THIS CODE

5.   Extent of jurisdiction of local Courts

The jurisdiction of the Courts of Zambia for the purposes of this Code extends to every place within Zambia.

6.   Liability for offences committed outside the jurisdiction, or partly within and partly beyond the jurisdiction

   (1) Subject to sub-section (3), a citizen of Zambia who does any act outside Zambia which, if wholly done within Zambia, would be an offence against this Code, may be tried and punished under this Code in the same manner as if such act had been wholly done within Zambia.

   (2) When an act which, if wholly done within Zambia, would be an offence against this Code, is done partly within and partly outside Zambia, any person who within Zambia does any part of such act may be tried and punished under this Code as if such act had been wholly done within Zambia.

   (3) Nothing in sub-section (1) shall render any person liable to be tried and punished under this Code in respect of any act done outside Zambia which, if wholly done within Zambia, would be an offence against this Code if such person has been convicted and punished outside Zambia in respect of the same act, but, save as aforesaid, any such conviction shall, for the purposes of any law including this Code, be deemed to be a conviction for the said offence against this Code.

[S 6 am by Act 39 of 1970.]

CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

7.   Ignorance of law

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

8.   Bona fide claim of right

A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.

9.   Intention and motive

   (1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident.

   (2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.

   (3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.

10.   Mistake of fact

A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.

11.   Presumption of sanity

Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.

12.   Insanity

A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is, through any disease affecting his mind, incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission. But a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects above mentioned in reference to that act or omission.

12A.   Defence of diminished responsibility

   (1) Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or is induced by disease or injury) which has substantially impaired his mental responsibility for his acts or omissions in doing or being party to the killing.

   (2) The provisions of sub-section (2) of section 13 shall apply with necessary modifications to the defence of diminished responsibility under this section:

Provided that the transient effect of intoxication as described in that sub-section shall be deemed not to amount to disease or injury for purposes of this section.

   (3) On a charge of murder, it shall be for the defence to prove the defence of diminished responsibility and the burden of proof shall be on a balance of probabilities.

   (4) Where the defence of diminished responsibility is proved in accordance with this section, a person charged with murder shall be liable to be convicted of manslaughter or any other offence which is less than murder.

[S 12A am by Act 3 of 1990.]

13.   Intoxication

   (1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.

   (2) Intoxication shall be a defence to any criminal charge if, by reason thereof, the person charged at the time of the act or omission

complained of did not know that such act or omission was wrong or did not know what he was doing and—

      (a)   the state of intoxication was caused without his consent by the malicious or negligent act of another person; or

      (b)   the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.

   (3) Where the defence under sub-section (2) is established, then in a case falling under paragraph (a) thereof the accused person shall be discharged, and in a case falling under paragraph (b) the provisions of section 167 of the Criminal Procedure Code relating to insanity shall apply.

   (4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.

   (5) For the purposes of this section, “intoxication” shall be deemed to include a state produced by narcotics or drugs.

[S 13 am by Act 10 of 1935, 3 of 1936.]

14.   Immature age

   (1) A person under the age of eight years is not criminally responsible for any act or omission.

   (2) A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.

   (3) A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.

[S 14 am by Act 20 of 1953.]

15.   Judicial officers

Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done.

16.   Defence of duress or coercion

   (1) Except as provided in this section, a person shall not be guilty of an offence if he does or omits to do any act under duress or coercion.

   (2) For the purpose of this section a person shall be regarded as having done or omitted to do any act under duress if he was induced to do or omit to do the act by any threat of death or grievous harm to himself or another and if at the time when he did or omitted to do the act he believed (whether or not on reasonable grounds)—

      (a)   that the harm threatened was death or grievous injury;

      (b)   that the threat would be carried out—

      (i)   immediately; or

      (ii)   before he could have any real opportunity to seek official protection, if he did not do or omit to do the act in question; and

      (c)   that there was no way of avoiding or preventing the harm threatened.

   (3) In this section “official protection” means the protection of the police or any authority managing any prison or other custodial institution, or any other authority concerned with the maintenance of law and order.

[S 16 am by Act 13 of 1990.]

17.   Defence of person or property

Subject to any other provisions of this Code or any other law for the time being in force, a person shall not be criminally responsible for the use of force in repelling an unlawful attack upon his person or property, or the person or property of any other person, if the means he uses and the degree of force he employs in doing so are no more than is necessary in the circumstances to repel the unlawful attack.

[S 17 am by Act 13 of 1990.]

18.   Use of force in effecting arrest

Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the Court shall, in considering whether the means used were necessary or the degree of force used was reasonable for the apprehension of such person, have regard to the gravity of the offence which had been, or was being, committed by such person and the circumstances in which such offence had been, or was being, committed by such person.

19.   …

[S 19 rep by Act 13 of 1990.]

20.   Person not to be punished twice for same offence

A person cannot be punished twice either under the provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.

CHAPTER V
PARTIES TO OFFENCES

21.   Principal offenders

   (1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say-

      (a)   every person who actually does the act or makes the omission which constitutes the offence;

      (b)   every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

      (c)   every person who aids or abets another person in committing the offence;

      (d)   any person who counsels or procures any other person to commit the offence.

   (2) In the case of paragraph (d) of sub-section (1), such person may be charged either with committing the offence or with counselling or procuring its commission. A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission.

22.   Offences committed by joint offenders in prosecution of common purpose

When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

23.   Counselling another to commit an offence

When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel. In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.

CHAPTER VI
PUNISHMENTS

24.   Different kinds of punishment

The following punishments may be inflicted by a Court—

      (a)   death;

      (b)   imprisonment or an order for community service;

[S 24(b) subs by s 3 of Act 12 of 2000.]

      (c)   …

[S 24(c) rep by s 2 of Act 10 of 2003.]

      (d)   fine;

      (e)   forfeiture;

      (f)   payment of compensation;

      (g)   finding security to keep the peace and be of good behaviour, or to come up for judgment;

      (h)   deportation;

      (i)   any other punishment provided by this Code or by any other law.

[S 24 am by Act 26 of 1933, 26 of 1940.]

25.   Sentence of death

   (1) When any person is sentenced to death, the sentence shall direct that he shall be hanged by the neck until he is dead.

   (2) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the Court that, at the time when the offence was committed, he was under the age of eighteen years; but in lieu thereof the Court shall sentence him to be detained during the President’s pleasure; and when so sentenced he shall be liable to be detained in such place and under such conditions as the President may direct.

   (3) When a person has been sentenced to be detained during the President’s pleasure under sub-section (2), the presiding Judge shall forward to the President a copy of the notes of evidence taken at the trial, with a report in writing signed by him containing such recommendation or observations on the case as he may think fit to make.

   (4) Where a woman convicted of an offence punishable with death is found in accordance with the provisions of section 306 of the Criminal Procedure Code to be pregnant, the sentence to be passed on her shall be a sentence of imprisonment for life instead of a sentence of death.

[S 25 am by Act 26 of 1940, 28 of 1952.]

26.   Imprisonment

   (1) All imprisonment shall be with or without hard labour in the discretion of the Court, unless the imposition of imprisonment only without hard labour is expressly prescribed by law.

   (2) A person liable to imprisonment for life or any other period may be sentenced for any shorter term.

   (3) A person convicted of a felony, other than manslaughter, may be sentenced to pay a fine in addition to imprisonment:

Provided that, where such person is a corporation, the corporation may be sentenced to a fine instead of imprisonment.

   (4) A person convicted of manslaughter or a misdemeanour may be sentenced to pay a fine in addition to or instead of imprisonment.

[S 26 am by Act 26 of 1933, 76 of 1965.]

26A.   Sentence of community service

Where an offender has been sentenced to community service, the offender shall perform community work for the period specified in the order for community service shall be performed in an area where the offender resides.

[S 26A ins by s 4 of Act 12 of 2000.]

27.   …

[S 27 rep by s 3 of Act 10 of 2003.]

28.   Fines

Where a fine is imposed under any written law, then, in the absence of express provisions relating to such fine in such written law, the following provisions shall apply—

      (a)   Where no sum is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive.

      (b)   In the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be a matter for the discretion of the Court.

      (c)   In the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine, the Court passing sentence may, in its discretion—

      (i)   direct by its sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of sentence; and also

      (ii)   issue a warrant for the levy of the amount on the immovable and movable property of the offender by distress and sale under warrant:

         Provided that if the sentence directs that, in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so.

      (d)   The term of imprisonment ordered by a Court in respect of the non-payment of any sum of money adjudged to be paid by a conviction or in respect of the default of a sufficient distress to satisfy any such sum shall be such term as, in the opinion of the Court, will satisfy the justice of the case, but shall not exceed in any case the maximum fixed by the following scale:

AmountMaximum period
Not exceeding 15 penalty unit . . . .14 days
Exceeding 15 penalty units but not exceeding 30 penalty units . . . .1 month
Exceeding 30 penalty units but not exceeding 150 penalty units . . . .3 months
Exceeding 150 penalty units but not exceeding 600 penalty units . . . .4 months
Exceeding 600 penalty units but not exceed ing 1500 penalty units . . . .6 months
Exceeding 1500 penalty units . . . .9 months

      (e)   The imprisonment which is imposed in default of payment of a fine shall terminate whenever the fine is either paid or levied by process of law.

[S 28 am by Act 26 of 1933, 13 of 1994.]

29.   Forfeiture

When any person is convicted of an offence under any of the following sections, namely, sections 94, 95, 96, 130, 114, 385, 386, the count shall, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any property which has passed in connection with the commission of the offence, or, if such property cannot be forfeited or cannot be found, of such sum as the Court shall assess as the value of the property. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same provisions as in the case of the payment of a fine.

[S 29 am by Act 26 of 1933; SI 63 of 1964; Act 29 of 1974.]

30.   Compensation

In accordance with the provisions of section 175 of the Criminal Procedure Code, any person who is convicted of an offence may be adjudged to make compensation to any person injured by his offence. Any such compensation may be either in addition to or in substitution for any other punishment:

[S 30 am by Act 26 of 1933, 26 of 1940, s 2 of Act 20 of 2000.]

Provided that, notwithstanding the proviso to sub-section (1) of section 175 of the Criminal Procedure Code, or any other written law, where a person is ordered to pay compensation for the commission of an offence under Division VIA, the Court may determine the amount of compensation to be awarded but the compensation shall not exceed the value of the property damaged or lost.

[S 30 proviso subs by s 2 of Act 17 of 2007.]

31.   Security for keeping the peace

A person convicted of an offence not punishable with death may, instead of or in addition to any punishment to which he is liable, be ordered to enter into his own recognizance, with or without sureties, in such amount as the Court thinks fit, conditioned that he shall keep the peace and be of good behaviour for a time to be fixed by the Court, and may be orderd to be imprisoned until such recognizance, with sureties, if so directed, is entered into; but so that the imprisonment for not entering into the recognizance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine.

[S 31 am by Act 26 of 1933, 18 of 1962.]

32.   Costs

A Court may order any person convicted of an offence to pay the costs of and incidental to the prosecution or any part thereof.

33.   Court to send particulars of conviction of non-citizens to Minister responsible for home affairs

Whenever a Court shall sentence to a term of imprisonment any person—

      (a)   who is not a citizen of Zambia; and

      (b)   who has been convicted of an offence under this Code, or under any written law other than an offence relating to the driving of a motor vehicle set out in the Roads and Road Traffic Act or in any regulations for the time being in force made thereunder; the public prosecutor shall forth with, forward to the Minister responsible for home affairs the particulars of the conviction and sentence and all other particulars specified in the Second Schedule.

[S 33 am by Act 32 of 1972, 8 of 1974.]

34.   Detention pending deportation

   (1) Where a person is convicted before the High Court of felony, the High Court may, in addition to or in lieu of any other punishment to which he is liable, recommend to the President that he be deported to such part of Zambia as the President may direct.

   (2) In default of security for peace

Where upon any sworn information it appears to the High Court that there is reason to believe that any person is about to commit a breach of the peace or that his conduct is likely to produce or excite to a breach of the peace, the High Court may order him to give security in one or more sureties for peace and good behaviour and in default may order him to be imprisoned until he gives the security ordered, or recommend to the President that he be deported as aforesaid.   

   (3) In cases of dangerous conduct

Where it is shown on oath to the satisfaction of the High Court that any person is conducting himself so as to be dangerous to peace and good order in any part of Zambia, or is endeavouring to excite enmity between any section of the people of Zambia and the President or the Government, or between any section of the people of Zambia and any other section of the same, or is intriguing against constituted power and authority in Zambia, or has been convicted in any Court of competent jurisdiction within or without Zambia of any offence which would be likely to excite enmity between any section of the people of Zambia and any other section of the same or by any section of the people against such person, the High Court may recommend to the President that an order be made for his deportation to such part of Zambia as may be specified in such order.

   (4) Powers of subordinate Courts

The powers conferred by this section on the High Court shall also be exercisable by subordinate Courts:

Provided however that any exercise of such powers by subordinate Courts shall be liable to revision by and must be reported at once to the High Court.

   (5) Approval of High Court

Where a Court recommends under this section that a person be deported, the President may make an order in accordance with such recommendation:   

Provided however that if such recommendation is made by a subordinate Court, the President shall not make an order for deportation without the approval of the High Court.

   (6) Any person for whose deportation a recommendation or an order has been made may be detained in the nearest convenient prison pending confirmation or otherwise of the recommendation or the carrying out of the order, as the case may be.

[S 34 am by Act 26 of 1933, 34 of 1954; GN 303 of 1964; SI 63 of 1964.]

35.   Provisions as to sentences of deportation

   (1) If a person ordered to be deported to any part of Zambia under the preceding section is sentenced to any term of imprisonment, such sentence of imprisonment shall be served before the order of deportation is carried into effect.

   (2) An order for deportation may be expressed to be in force for a time to be limited therein or for an unlimited time and may require the deported person to report himself personally at such place, to such person and at such intervals of time, not being less than thirty days, as may be specified in such order.

   (3) If a person leaves or attempts to leave the district or place in Zambia to which he has been deported while the order of deportation is still in force without the written consent of the President, which consent may be given subject to any terms as to security for good behaviour or otherwise as to the President may seem good, or wilfully neglects or refuses to report himself as ordered, such person is liable to imprisonment for six months and to be again deported on a fresh warrant under the original order or under a new order.

   (4) For the purposes of this section, a person shall be deemed to have served a sentence of imprisonment immediately upon his release after earning remission for good behaviour or on license issued under any written law relating to prisons.

[S 35 am by Act 1 of 1952, 34 of 1954, 21 of 1959, 18 of 1962; GN 303 of 1964.]

36.   One act constituting several crimes, etc.

With respect to cases where one act constitutes several crimes or where several acts are done in execution of one criminal purpose, the following provisions shall have effect, that is to say—

      (a)   Against one person or thing

Where a person does several acts against or in respect of one person or thing, each of which acts is a crime but the whole of which acts are done in the execution of the same design and in the opinion of the Court before which the person is tried form one continuous transaction, the person shall be punished for each act so charged as a separate crime and the Court shall upon conviction award a separate punishment for each act. If the Court orders imprisonment the order may be for concurrent or consecutive terms of imprisonment:

Provided always that—

      (i)   if the terms of imprisonment ordered are consecutive, the total of the terms so ordered shall not exceed the maximum term of imprisonment allowed by law in respect of that conviction for which the law allows the longest term; and, if the Court orders the payment of fines, the fines may or may not be cumulative;

      (ii)   where the Court orders cumulative fines, the total of the fines so ordered shall not exceed the maximum fines allowed by law in respect of that conviction for which the law allows the largest fine.

      (b)   Against several persons or things

If a person by one act assaults, harms or kills several persons or in any manner causes injury to several persons or things, he shall on conviction be punished in respect of each person so assaulted, harmed or killed or each person or thing injured; in such case the Court shall order a separate punishment in respect of each person assaulted, harmed or killed or in respect of each person or thing injured. If the Court orders imprisonment, the order may be for concurrent or consecutive terms of imprisonment:

Provided always that—

      (i)   if the terms of imprisonment ordered are consecutive, the total of the terms of imprisonment so ordered shall not exceed the maximum term allowed by law in respect of that conviction for which the law allows the longest term; and, if the Court orders the payment of fines, the fines may or may not be cumulative;

      (ii)   where the Court orders cumulative fines, the total of such fines shall not exceed the maximum allowed by law in respect of that conviction for which the law allows the largest fine.

      (c)   …

[S 36 am by Act 23 of 1952, s 36(c) rep by s 4 of Act 10 of 2003.]

37.   Date from which sentence takes effect

Except as otherwise in this Coe or in any other written law provided, a sentence of imprisonment takes effect from and includes the whole of the day on which it was pronounced unless the Court shall, at the time of passing sentence, expressly order that it shall take effect from some day prior to that on which it was pronounced;

Provided that such prior day shall not be earlier than the day on which the arrested person was taken into custody for the offence for which sentence is pronounced.

[S 37 am by Act 3 of 1990.]

38.   General punishment for misdemeanours

When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.

39.   Sentences cumulative unless otherwise directed

   (1) Where any person is convicted of an offence by a Court and at the date of such conviction he has not been sentenced under a prior conviction or his sentence under a prior conviction has not expired, then any sentence imposed by the said Court, other than a sentence of death, shall be executed after the expiration of the sentence imposed under the prior conviction, unless the said Court otherwise directs.

[S 39(1) am by s 5 of Act 10 of 2003.]

   (2) A Court may direct that a sentence imposed by it on any person shall be executed concurrently with a sentence or with any part of a sentence imposed on such person under a prior conviction:

Provided that it shall not be lawful for a Court to direct that a sentence of imprisonment in default of payment of a fine shall be executed concurrently with a sentence imposed in respect of a prior conviction under sub-paragraph (i) of paragraph (c) of section 28 or with any part of such sentence.

[S 39 am by Act 18 of 1962, GN 268 of 1964.]

40.   Escaped convicts to serve unexpired sentences when recaptured

   (1) When sentence is passed under this Code on an escaped convict, such sentence, if of death or fine, shall, subject to the provisions of this code, take effect immediately, and if of imprisonment, shall take effect according to the following rules, that is to say—

      (a)   if the new sentence is severer than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately and he shall serve any period of imprisonment in respect of his former sentence which remained unexpired at the time of his escape after he has completed serving his new sentence;

      (b)   when the new sentence is not severer than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that part of his former sentence which remained unexpired at the time of his escape.

[S 40(1) am by s 6 of Act 10 of 2003.]

   (2) For the purposes of this section, a sentence of imprisonment for whatever period with hard labour shall be deemed severer than a sentence of imprisonment for whatever period without hard labour and, where the conditions as to labour are the same, a longer sentence shall be deemed severer than a shorter sentence.

[S 40 am by Act 26 of 1940.]

41.   Absolute and conditional discharge

   (1) Where a Court by or before which a person is convicted of an offence, not being an offence the sentence for which is fixed by law, is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order under the Probation of Offenders Act is not appropriate, the Court may make an order discharging him absolutely or subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified therein.

   (2) An order discharging a person subject to such a condition as aforesaid is in this section and in section 42 referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.

   (3) Before making an order for conditional discharge, the Court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

   (4) A Court may, on making an order for conditional discharge, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to execute a bond for the good behaviour of the offender; and the provisions of section 60 of the Criminal Procedure Code shall apply in relation to the forfeiture of any such bond.

   (5) Subject as hereinafter provided, a conviction for an offence for which an order is made under this section discharging the offender absolutely or conditionally shall not be deemed to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any further proceedings which may be taken against the offender under section 42.

   (6) The foregoing provisions of this section shall not affect—

      (a)   any right of any such offender as aforesaid to appeal against his conviction, or to rely thereon in bar of any subsequent proceedings for the same offence;

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