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   Repealed by Act 3 of 1990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   Repealed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:

 

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

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

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

 

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

   (7) Where, under the provisions of section 42, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

 

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

   (1) If it appears to any Judge or magistrate that an offender against whom an order for conditional discharge has been made has been convicted of an offence during the period of conditional discharge, he may issue a summons requiring the offender to appear at the place and time specified therein or may issue a warrant for his arrest:

Provided that a magistrate shall not issue such a summons or warrant except on information on oath.

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

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

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

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

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

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

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

   (6) Where an offender is convicted before the High Court of an offence committed during the period of conditional discharge, the High Court may deal with him in respect of the original offence in any manner in which the Court which made the order for conditional discharge could deal with him if he had just then been convicted before that Court of such original offence.

PART II
CRIMES

DIVISION I
OFFENCES AGAINST PUBLIC ORDER

CHAPTER VII
TREASON AND OTHER OFFENCES

 

43.   Treason

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

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

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

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

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

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

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

   (2) In paragraphs (b), (c) and (d) of sub-section (1), “by force” means either—

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

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

   (3) A person who is not a citizen of Zambia shall not be punishable under this section for anything done outside Zambia, but a citizen of Zambia may be tried and punished for an offence under this section as if it had been committed within the jurisdiction of the Court.

 

44.   Concealment of treason

Any person who—

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

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

is guilty of the felony termed misprision of treason and is liable to imprisonment for life.

[S 44 am by Act 6 of 1965.]

 

45.   Treason-felony

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

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

      (b)   prepares or endeavours to carry out by unlawful means any enterprise which usurps the executive power of the State in any matter of both a public and a general nature.

 

46.   Promoting tribal war

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

 

47.   …

[S 47 rep by Act 35 of 1973.]

 

48.   Inciting to mutiny

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

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

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

      (c)   to incite any such persons to make or endeavour to make a mutinous assembly; is guilty of a felony, and is liable to imprisonment for life.

[S 48 am by SI 63 of 1964.]

 

49.   Aiding soldiers or police in acts of mutiny

Any person who—

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

      (b)   incites to sedition or to disobedience to any lawful order given by a superior officer; any non-commissioned officer or private of the Defence Force or any member of the Zambia Police Force, is guilty of a misdemeanour.

 

50.   Inducing soldiers or police to desert

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

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

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

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

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

 

51.   Aiding prisoners of war to escape

Any person who—

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

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

 

52.   Definition of overt act

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

 

53.   Prohibited publications

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

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

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

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

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

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

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

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

   (7) For the purpose of this section and of any prosecution in respect of a prohibited publication, any publication which purports to be printed or published outside Zambia by any person or association of persons shall, unless and until the contrary is proved, be deemed to be published outside Zambia by such person or persons.

[S 53 am by Act 9 of 1954, 34 of 1960, 36 of 1960, 18 of 1962; GN 303 of 1964.]

 

54.   Offences in respect of prohibited publications

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

   (2) Any person who, without lawful excuse, has in his possession any prohibited publication or any extract therefrom, is guilty of an offence and is laible for a first offence to imprisonment for one year or to a fine not exceeding one thousand and five hundred penalty units or to both, and for subsequent offence to imprisonment for two years; and such publication or extract therefrom shall be forfeited to the President on behalf of the Government.

[S 54 am by Act 48 of 1938, 9 of 1954; SI 63 of 1964; Act 13 of 1994.]

 

55.   Delivery of prohibited publication to police station

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

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

   (3) A person who complies with the provisions of sub-section (1) or is convicted of an offence under that sub-section shall not be liable to prosecution for an offence under section 54.

[S 55 am by Act 9 of 1954; SI 63 of 1964; Act 24 of 1977, 13 of 1994.]

 

56.   Power to examine packages

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

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

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

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

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

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

   (2) If any such publication or extract therefrom is found in such package or article, the whole package or article may be impounded and retained by the officer, and the person importing, distributing, or posting it, or in whose possession it is found, may forthwith be arrested and proceeded against for the commission of an offence under section 54 and 55, as the case may be.

[S 56 am by Act 48 of 1938, 9 of 1954; GN 303 of 1964; Act 24 of 1977.]

 

57.   Offences in respect of seditious practices

   (1) Any person who—

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

      (b)   utters any seditious words;

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

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

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

   (2) Any person who, without lawful excuse, has in his possession any seditious publication is guilty of an offence and is liable for a first offence to imprisonment for two years or to a fine not exceeding three thousand penalty units or to both, and for a subsequent offence to imprisonment for five years; and

such publication shall be forfeited.

[S 57 am by Act 48 of 1938, 29 of 1959, 6 of 1965, 13 of 1994.]

 

58.   Legal proceedings

A person shall not be prosecuted for an offence under section 57 without the written consent of the Director of Public Prosecutions.

[S 58 am by Act 48 of 1938, 6 of 1965.]

 

59.   Evidence

No person shall be convicted of an offence under section 57 on the uncorroborated testimony of one witness.

 

60.   Seditious intention

   (1) A seditious intention is an intention—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   (3) For the purposes of paragraph (f) of sub-section (1), “community” includes any body or group of persons having a common tribal or racial origin.

[S 60 am by Act 48 of 1938, 2 of 1955, 53 of 1957, 34 of 1960, 20 of 1964, 6 of 1965, 36 of 1969.]

 

61.   Persons deemed to have published a seditious publication

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

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

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

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

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

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

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

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

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

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

   (5) For the purposes of this section, “office-bearer” and “society” shall have the meaning assigned to them in the Societies Act.

 

62.   Interpretation

For the purposes of sections 53 to 61 both inclusive—

“competent authority” means the person appointed as such by the President;

“import” includes—

      (a)   to bring into Zambia; and

      (b)   to bring within the inland waters of Zambia, whether or not the publication is brought ashore, and whether or not there is an intention to bring the same ashore;

“periodical publication” includes every publication issued periodically or in parts or numbers at intervals, whether regular or irregular;

“prohibited publication” means any publication in respect of which an order has been made under the provisions of section 53;

“public interest” means the interest of defence, public safety, public order, public morality or public health;

“publication” includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, or gramophone record, or other similar means of reproducing speech, and every copy and reproduction of any publication;

“seditious publication” means a publication containing any word, sign or visible presentation expressive of a seditious intention; and

“seditious words” means words having a seditious intention.

[S 62 am by Act 48 of 1938, 9 of 1954, 18 of 1962, GN 303 of 1964; Act 6 of 1965.]

 

63.   Unlawful oaths to commit capital offences

Any person who—

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

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

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

 

64.   Other unlawful oaths to commit offences

Any person who—

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

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

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

      (iii)   to disturb the public peace;

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

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

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

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

      (b)   takes any such oath or engagement, not being compelled to do so; is guilty of a felony and is liable to imprisonment for seven years.

 

65.   Compulsion: how far a defence

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

 

66.   Unlawful drilling

   (1) Any person who—

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

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

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

   (2) Any person who, at any meeting or assembly held without the permission of the President, is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour.

[S 66 am by GN 303 of 1964; SI 63 of 1964.]

 

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

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

   (2) It shall be no defence to a charge under sub-section (1) that he did not know or did not have reason to believe that the statement, rumour or report was false, unless he proves that, prior to publication, he took reasonable measures to verify the accuracy of such statement, rumour or report.

[S 67 am by Act 48 of 1938, 7 of 1958.]

 

68.   Insulting the national anthem

Any person who does any act or utters any words or publishes any writing, with intent to insult or bring into contempt or ridicule the official national anthem of Zambia, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding two years.

 

69.   Defamation of President

Any person who, with intent to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, print, word of mouth or in any other manner, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years.

 

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

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

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

CHAPTER VIII
OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILITY

 

71.   Defamation of foreign princes

Any person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to degrade, revile or expose to hatred or contempt any foreign prince, potentate, ambassador or other foreign dignitary with intent to disturb peace and friendship between Zambia and the country to which such prince, potentate, ambassador or dignitary belongs, is guilty of a misdemeanour.

[S 71 am by SI 63 of 1964.]

 

72.   Foreign enlistment

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

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

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

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

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

      (e)   who, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state builds,

agrees to build, causes to be built, equips, despatches, or causes or allows to be despatched, any vessel, or issues or delivers any commission for any vessel:

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

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

      (ii)   he gives such security, and takes and permits to be taken such other measures, if any, as the President or the Minister responsible for foreign affairs may prescribe for ensuring that such vessel shall not be despatched, delivered, or removed without the license of the President until the termination of such war as aforesaid.

[S 72 am by SI 63 of 1964.]

 

73.   Piracy

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

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

 

74.   Definition of riot

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

   (2) When an unlawful assembly has begun to execute a common purpose by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled.

[S 74 am by Act 20 of 1964.]

 

75.   Punishment of unlawful assembly

Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to imprisonment for five years.

[S 75 am by Act 26 of 1961.]

 

76.   Punishment of riot

Any person who takes part in a riot is guilty of a misdemeanour and is liable to imprisonment for seven years.

[S 76 am by Act 26 of 1961.]

 

77.   Making proclamation for rioters to disperse

Any magistrate, or any police officer of or above the rank of Inspector, or any commissioned officer in the Defence Force, in whose view twelve or more persons are riotously assembled, or who apprehends that a riot is about to be committed by twelve or more persons assembled within his view, may make or cause to be made a proclamation in the President’s name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.

[S 77 am by Act 1 of 1956; SI 63 of 1964.]

 

78.   Dispersion of rioters after proclamation made

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

 

79.   Rioting after proclamation

If proclamation is made, commanding the persons engaged in a riot, or assembled with the purpose of committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from the making of such proclamation, takes or continues to take part in the riot or assembly, is guilty of a felony and is liable to imprisonment for ten years.

[S 79 am by Act 26 of 1961.]

 

80.   Preventing or obstructing the making of proclamation

Any person who forcibly prevents or obstructs the making of such proclamation as is in section 77 mentioned, is guilty of a felony and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for ten years.

[S 80 am by Act 26 of 1961.]

 

81.   Rioters demolishing buildings, etc.

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

 

82.   Rioters injuring buildings, etc.

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

 

83.   Riotously interferring with railway, vehicle, etc.

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

 

84.   Going armed in public

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

 

85.   Possession of offensive weapons or materials

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

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

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

   (4) In this section—

“offensive material” means any substance, material or article made or adapted for use for causing or threatening injury to the person or property, or intended by the person in question for such use, and includes—

      (a)   any explosive as defined in the Explosives Act;

      (b)   any ammunition as defined in the Firearms Act;

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

 

86.   Forcible entry

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

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

 

87.   Forcible detainer

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

 

88.   Affray

Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding seven hundred and fifty penalty units.

[S 88 am by Act 13 of 1994.]

 

89.   Challenge to fight a duel

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

 

90.   Threatening violence

Any person who—

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

      (b)   discharges loaded firearms or commits any breach of the peace with intent to alarm any person; is guilty of a misdemeanour and is liable to imprisonment for five years.

[S 90 am by Act 28 of 1937, 26 of 1961.]

 

<PW:Popup,2,2,Popup>On the expiry of Act 70 of 1953, the text of this section set out in Act No. 22 of 1953 will be substituted.')191.   Proposing violence or breaches of the law to assemblies

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

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

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

      (c)   to commit an offence against any law in force in Zambia or in any part thereof; is guilty of an offence and is liable to imprisonment for seven years:

Provided that a statement which expresses mere disapproval of a law shall, to that extent only, be held not to be a statement which indicates or implies that it would be incumbent or desirable to commit an offence against such law.

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

   (3) For the purposes of this section, an assembly means a gathering of three or more persons.

[S 91 am by Act 70 of 1953, 26 of 1961; SI 63 of 1964.]

 

92.   Wrongfully inducing a boycott

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

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

      (b)   endangering law and order in the Republic;

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

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

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

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

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

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

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

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

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

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

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

      (a)   by word of mouth; or

      (b)   by making a publication as defined in sub-section (6);

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

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

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

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

   (6) For the purposes of this section, “publication” has the meaning given to it by section 62, and a person is said to make a publication if he prints, publishes, sells, distributes or reproduces such publication.

   (7) For the purposes of this section, “boycott” means the withholding by a combination of persons of all relations or any particular relations from any person or class of persons.

[S 92 am by Act 29 of 1959; GN 268 of 1964; SI 63 of 1964; Act 69 of 1965.]

 

93.   Assembling for the purpose of smuggling

Any persons who assemble together, to the number of two or more, for the purpose of unshipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any written law relating to customs, are guilty of a misdemeanour and each of them is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units.

[S 93 am by Act 13 of 1994.]

DIVISION II
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

CHAPTER X
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

 

94.   …

[S 94 rep by Act 14 of 1980.]

 

95.   …

[S 95 rep by Act 14 of 1980.]

 

96.   …

[S 96 rep by Act 14 of 1980.]

 

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

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

 

98.   False claims by officials

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

 

99.   Consent of Director of Public Prosecutions

A prosecution for an offence under sections 97 or 98 shall not be instituted except by, or with, the sanction of the Director of Public Prosecutions.

[S 99 subs by s 2 of Act 1 of 2012.]

 

100.   False certificates by public officers

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

 

101.   False assumption of authority

Any person who—

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

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

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

 

102.   Personating public officers

Any person who—

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

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

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

 

103.   Threat of injury to persons employed in public service

Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person to be interested, for the purpose of inducing that person to do any act, or to forbear or delay to do any act connected with the exercise of the public functions of such person, is guilty of a misdemeanour.

 

103A.   Definition

In this chapter, “public service” means service of the Government or a local authority, or of a statutory board or body including an institution of higher learning, corporation or company in which the Government has majority interest or control.

[S 103A am by Act 29 of 1976.]

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

 

104.   Subornation of perjury

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

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

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

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

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

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

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

 

104A.   Conflicting statements on oath

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

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

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

[S 104A am by Act 3 of 1990.]

 

105.   False statements by interpreters

Any person who, having been lawfully sworn as an interpreter in a judicial proceeding, wilfully makes a statement material in that proceeding which he knows to be false, or does not believe to be true, is guilty of the misdemeanour termed “perjury”.

 

106.   Punishment of perjury and subordination of perjury

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

 

107.   Evidence on charge of perjury

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

 

108.   Fabricating evidence

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

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

      (b)   knowingly makes use of such fabricated evidence;is guilty of a misdemeanour and is liable to imprisonment for seven years.

 

109.   False swearing

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

 

110.   Deceiving witnesses

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

 

111.   Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a misdemeanour.

[S 111 am by Act 26 of 1940.]

 

112.   Conspiracy to defeat justice and interference with witnesses

   (1) Any person commits a felony who—

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

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

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

   (2) Any person guilty of a felony under sub-section (1) is liable to imprisonment for seven years.

[S 112 am by Act 29 of 1976.]

 

113.   Compounding felonies

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

 

114.   Compounding penal actions

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

 

115.   Advertisements for stolen property

Any person who—

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

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

      (c)   prints or publishes any such offer; is guilty of a misdemeanour.

 

116.   Contempt of Court

   (1) Any person who—

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

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

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

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

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

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

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

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

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

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

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

   (3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of a Court to punish for contempt of Court.

[S 116 am by Act 26 of 1940, 13 of 1994.]

 

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

   (1) No person shall—

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

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

and if any person acts in contravention of this sub-section, he shall be liable to a fine not exceeding one thousand five hundred penalty units in respect of each offence;

Provided that this section shall not apply to photographs being taken on any occasion with the consent of the Chief Justice, or where the occasion is the opening of any session of the High Court, with the consent of the Judge holding that session.

   (2) For the purposes of this section—

      (a)   “Court” means the High Court, any subordinate Court, juvenile Court, Court of a coroner or a local Court as defined in the Local Courts Act;

      (b)   “Judge” includes registrar, magistrate, coroner and officer of such local Court;

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

[S 117 am by Act 53 of 1957, 3 of 1990, 13 of 1994.]

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

 

118.   Rescue

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

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

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

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

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

 

119.   Escape from lawful custody

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

 

120.   Aiding prisoners to escape

Any person who—

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

      (b)   conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner; is guilty of a felony and is liable to imprisonment for seven years.

 

121.   Removal etc., of property under lawful seizure

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

 

122.   Obstructing Court officers

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

CHAPTER XIII
MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY

 

123.   Frauds and breaches of trust by public officers

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

 

124.   …

[S 124 rep by Act 7 of 1990.]

 

125.   False information to public officer

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

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

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

is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine of one thousand and five hundred penalty units or to both.

[S 125 am by Act 26 of 1933, 13 of 1994.]

 

126.   Disobedience of statutory duty

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

 

127.   Disobedience of lawful orders

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

DIVISION III
OFFENCES INJURIOUS TO THE PUBLIC IN GENERAL

CHAPTER XIV
OFFENCES RELATING TO RELIGION

 

128.   Insult to religion of any class

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

 

129.   Disturbing religious assemblies

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

 

130.   Trespassing on burial places

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

 

131.   Uttering words with the intent to wound religious feelings

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

 

131A.   Definition of child

In this Part “child” means a person below the age of sixteen years.

[S 131A ins by Act 15 of 2005.]

CHAPTER XV
OFFENCES AGAINST MORALITY

 

132.   Definition of rape

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

 

133.   Punishment of rape

Any person who commits the offence of rape is liable, upon conviction, to imprisonment for a period of not less than fifteen years and may be liable to imprisonment for life.

[S 133 subs by s 2 of Act 2 of 2011.]

 

134.   Attempted rape

Any person who attempts to commit rape is guilty of a felony and is liable to imprisonment for life.

[S 134 am by Act 26 of 1933.]

 

135.   Abduction

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

 

136.   Abduction of children

Any person who unlawfully takes a child out of the custody or protection of the child's father, mother or other of person having lawful care or charge of the child, and against the will of such father, mother or other person, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding ten years.

[S 136 subs by s 3 of Act 15 of 2005.]

 

137.   Indecent assault

   (1) Any person who unlawfully and indecently assaults any child or other person commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty years.

   (2) It shall not be a defence to a charge of an indecent assault on a child to prove that the child consented to the act of indecency.

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

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

      (b)   with intent to annoy or indecently to assault any child or other person who may be therein;

commits an offence and is liable, upon conviction, to imprisonment for a term of not less than two years and not exceeding five years.

[S 137 subs by s 3 of Act 15 of 2005.]

 

137A.   Sexual harassment

   (1) Any person who practices sexual harassment in a work place, institution of learning or elsewhere on a child

commits a felony and is liable, upon conviction, to imprisonment for a term of not less than three years and not

exceeding fifteen years.

   (2) In this section, sexual harassment means—

      (a)   a seductive sexual advance being an unsolicited sexual comment, physical contact or other gesture of a sexual nature which one finds objectionable or offensive or which causes discomfort in one's studies or job and interferes with academic performance or work performance or a conducive working or study environment;

      (b)   sexual bribery in the form of soliciting or attempting to solicit sexual activity by promise of reward;

      (c)   sexual threat or coercion which includes procuring or attempting to procure sexual activity by threat of violence or victimisation; or

[S 137A ins by s 4 of Act 15 of 2005; s 137A(2) rep by s 3(a) and s 137(3) renumbered as s 137A(2) by s 3(b) of Act 2 of 2011.]

 

138.   Defilement of Child

   (1) Any person who unlawfully and carnally knows any child commits a felony and is liable, upon conviction, to a term of imprisonment of not less than fifteen years and may be liable to imprisonment for life:

[S 138(1) subs by s 5 of Act 15 of 2005; am by s 4(a) of Act 2 of 2011.]

Provided that it shall be a defence for a person charged with an offence under this section to show that the person had reasonable cause to believe, and did in fact believe, that the child against whom the offence was committed was of, or above, the age of sixteen.

[S 138 proviso ins by s 4(b) of Act 2 of 2011.]

   (2) Any person who attempts to have unlawful carnal knowledge of any child commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fourteen years and not exceeding twenty years.

[S 138(2) subs by s 5 of Act 15 of 2005.]

   (3) Any person who prescribes the defilement of a child as cure for an ailment commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life.

[S 138(3) subs by s 5 of Act 15 of 2005.]

   (4) A child above the age of twelve years who commits an offence under sub-section (1) or (2) is liable, to such community service or counseling as the Court may determine, in the best interests of both children.

[S 138(4) subs by s 5 of Act 15 of 2005.]

 

139.   Defilement of imbeciles or person with mental illness

Any person who, knowing a child or other person to be an imbecile or person with mental illness, has or attempts to have unlawful carnal knowledge of that chills or other person in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the child or other person was an idiot or imbecile commits a felony and is a liable, upon conviction, to imprisonment for a term of not less than fourteen years and may be liable to imprisonment for life.

[S 139 subs by s 5 of Act 15 of 2005.]

 

140.   Any person who—

      (a)   procures or attempts to procure any child or other person to have unlawful carnal knowledge either in Zambia or elsewhere, with an person or other persons for pornography, bestiality or any other purpose;

      (b)   procures or attempts to procure any child or other person to become, either in Zambia or elsewhere, a common prostitute;

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

      (d)   procures or attempts to procure any child or person to leave that child’s or other person’s usual place of abode in Zambia with intent that the child or other person may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Zambia or elsewhere;

commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life:

Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused. Procuring child or other person for prostitution, etc.

[S 140 subs by s 5 of Act 15 of 2005.]

 

141.   Procuring defilement by threat or fraud administering drugs

Any person who—

      (a)   by threat or intimidation procures or attempts to procure any child or other person to have any unlawful carnal knowledge, either in Zambia or elsewhere;

      (b)   by false pretence or false representation procures any child or other person to have any unlawful carnal knowledge, either in Zambia or elsewhere; or

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

commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life:

Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.

[S 141 subs by s 5 of Act 15 of 2005.]

 

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

Any person who, being the owner or occupier of premises or having or acting or assisting in the management of control thereof, induces or knowingly permits any child to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any other person, whether such carnal knowledge is intended to be with any particular person or generally, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life.

[S 142 subs by s 5 of Act 15 of 2005.]

 

143.   …

[S 143 rep by s 5 of Act 2 of 2011.]

 

144.   Detention with intent in premises or brothel

   (1) Any person who detains any child or other person against that child or other person’s will—

      (a)   in or upon any premises with intent that the child or other person may be unlawfully and carnally known by any third person, whether particularly or generally or for rituals or any other purpose; or

      (b)   in any brothel;

commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life.

   (2) When a child or person is in or upon any premises for the purposes of having any lawful carnal knowledge or in any brothel, another person shall be deemed to detain such a child or person in or upon such premises or in such brothel, if, with intent to compel or induce the child or person to remain in or upon such premises or in such brothel, such other person withholds from the child or person any wearing apparel or other property belonging to the child or person, or where wearing apparel has been lent or otherwise supplied to such child or person or by directions of such person, such other person threatens such person with legal proceedings for taking away the wearing apparel so lent or supplied.

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

[S 144 subs by s 5 of Act 15 of 2005.]

 

145.   Power of search

   (1) If it appears to any magistrate, on information made before the magistrate, on oath, by any parent, relative or guardian of any child or other person who, in the opinion of the magistrate, is acting bona fide in the interests of any child or person, that there is reasonable cause to suspect that such child or other person is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such magistrate, such magistrate may issue a warrant authorizing the person named therein to search for, and when found to take to and detain in a place of safety such child or person until the child or person can be brought before a magistrate.

   (2) The magistrate before whom the child or person is brought in accordance with sub-section (1) may cause the child or person to be delivered up to the child’s parents or guardians, or be otherwise dealt with as circumstances may permit and require.

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

   (4) A child or person shall be deemed to be unlawfully detained for the purpose of being unlawfully and carnally known by any other person, whether any particular third person or generally; and

      (a)   in the case of the child whether the child consented to the detention or not; or

      (b)   if the person is of, or above the age of, sixteen years and is so detained against the person’s will or against the will of the person’s father or mother or of any person having the lawful care or charge of that person.

   (5) Any person authorised by warrant under this section to search for any child so detained as aforesaid may enter if need be by force, any house, building or other place mentioned in the warrant, and may remove such child or person from there.

[S 145 subs by s 5 of Act 15 of 2005.]

 

146.   Person living on earnings of prostitution or persistently soliciting

   (1) A person who—

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

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

commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fifteen years;

Provided that a child who commits an offence under sub-section is liable to such community service or counseling as the Court may determine in the best interests of the child.

   (2) Where a person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movements of a prostitute in such manner as to show that the person is aiding, abetting or compelling the prostitution with any other person, or generally, that person shall, unless the person shall satisfy the Court to the contrary, be deemed to be knowingly living on the earnings of prostitution.

[S 146 subs by s 5 of Act 15 of 2005.]

 

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

   (1) Every person who knowingly lives wholly or in part on the earnings of the prostitution of another or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such manner as to show that such person is aiding, abetting or compelling that person’s prostitution with any other person, or generally, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fifteen years.

   (2) Where a person compels a child to become a prostitute that person commits an offence and is liable, upon conviction, to imprisonment for life.

[S 147 subs by s 5 of Act 15 of 2005.]

 

148.   Power of search

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

 

149.   Brothels

Any person who keeps a house, room, set of rooms, or place of any kind whatsoever for purposes of prostitution commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty five years.

[S 149 subs by s 6 of Act 15 of 2005.]

 

150.   Conspiracy to defile

Any person who conspires with another person to induce any person or child, by means of any false pretence or other fraudulent means, to permit any other person to have unlawful carnal knowledge of such person or child, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and may be liable to imprisonment for life.

[S 150 subs by s 6 of Act 15 of 2005.]

 

151.   Attempts to procure abortion

Any person who, with intent to procure the miscarriage of a woman or female child, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding seven years.

[S 151 subs by s 6 of Act 15 of 2005.]

 

152.   Abortion by pregnant woman or female child

   (1) Every woman being pregnant who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or uses force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used, commits a felony and is liable, upon conviction, to imprisonment for a term of fourteen years.

   (2) Any female child being pregnant who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing or uses any force of any kind commits an offence and is liable to such community service or counseling as the Court may determine, in the best interests of the child:

Provided that where a female child is raped or defiled and becomes pregnant, the pregnancy may be terminated in accordance with the Termination of Pregnancy Act.

[S 152 subs by s 6 of Act 15 of 2005.]

 

153.   Supplying drugs or instruments to procure abortion

Any person who unlawfully supplies to or procures for any person any thing whatsoever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman or female child, whether she is or is not with child, commits a felony and is liable, upon conviction, to imprisonment for a term not exceeding fourteen years.

[S 153 subs by s 6 of Act 15 of 2005.]

 

154.   Knowledge of age of female immaterial

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

 

155.   Unnatural offences

Any person who—

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

      (b)   has carnal knowledge of an animal; or

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

commits a felony and liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life:

Provided that where a person—

      (i)   has carnal knowledge of a child against the order of nature;

      (ii)   causes a child to have carnal knowledge of an animal; or

      (iii)   permits a male person to have carnal knowledge of a male or female child against the order of nature;

that person commits an offence and is liable, upon conviction, to imprisonment for not less than twenty- five years and may be liable to imprisonment for life.

[S 155 am by s 7 of Act 15 of 2005.]

 

156.   Attempt to commit unnatural offences

Any person who attempts to commit any of the offences specified in section 155 commits a felony and is liable, upon conviction of not less than seven years but not exceeding fourteen years.

[S 156 subs by s 8 of Act 15 of 2005.]

 

157.   Harmful cultural practice

   (1) Any person who conducts or causes to be conducted a harmful cultural practice on a child commits a felony and is liable, upon conviction, to imprisonment for a term not less than fifteen years and may be liable to imprisonment for life.

   (2) In this section “harmful cultural practice” includes sexual cleansing, female genital mutilation or in initiation ceremony that results in injury, the transmission of an infectious or life threatening disease or loss of life to a child but does not include circumcision on a male child.

[S 157 subs by s 8 of Act 15 of 2005.]

 

158.   Indecent practices between persons of the same sex

   (1) Any male who, whether in public or private, commits any act of gross indecency with a male child or person, or procures a male child or person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male child or person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years.

   (2) Any female who, whether in public or private, commits any act of gross indecency with a female child or person, or procures a female child or person to commit any act of gross indecency with her, or attempts to procure the commission of any such act by any female person with himself or with another female child or person, whether in public or private, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than seven years and not exceeding fourteen years.

   (3) A child who, whether in public or private, commits any act of gross indecency with another child of the same sex or attempts to procure the commission of any such act by any person with the child’s self or with another child or person of the same sex, whether in public or private, commits an offence and is liable, to such community service or counseling as the Court may determine in the best interests of the child.

[S 158 subs by s 8 of Act 15 of 2005.]

 

159.   Incest by males

   (1) Any male person who has carnal knowledge of a female person who is to that person’s knowledge his grandmother, mother, sister, daughter, grand-daughter, aunt or niece commits a felony and is liable, upon conviction, for a term of not less than twenty years and may be liable to imprisonment for life.

[S 159(1) subs by s 8 of Act 15 of 2005.]

   (2) For the purposes of this section, it is immaterial that carnal knowledge was had with consent of the other person.

[S 159(3) subs by s 8 of Act 15 of 2005; s 159(2) rep by s 6(b); s 159(3) renumbered as s 159(2) by s 6(c) of Act 2 of 2011.]

   (3) Any person who attempts to commit incest commits a felony and is liable to imprisonment for a term of not less than ten years and not exceeding twenty-five years.

[S 159(4) subs by s 8 of Act 15 of 2005; s 159(4) renumbered as s 159(3) by s 6(c) of Act 2 of 2011.]

 

160.   Order for guardianship

On the conviction before any Court of any person of an offence under section 159, or of an attempt to commit the same, against any child it shall be in the power of the Court to divest the offender of all authority over such child, and, if the offender is the guardian of such child, to remove the offender from such guardianship, and in any case to appoint any person or persons to be the guardian or guardians of such child during the child’s minority or any less period:

Provided that the High Court may at any time vary or rescind the order by the appointment of any other person as such guardian or in any other respect.

[S 160 subs by s 8 of Act 15 of 2005.]

 

161.   Incest by females

Any female person of or above the age of sixteen years who with consent permits her grandfather, father, brother, uncle, nephew, son or grandson to have carnal knowledge of her knowing him to be her grandfather, father, brother, uncle, nephew, son or grandson, as the case may be, commits a felony and is liable, upon conviction, to imprisonment for a term of not less than twenty years and may be liable to imprisonment for life.

[S 161 subs by s 8 of Act 15 of 2005; am by s 7 of Act 2 of 2011.]

 

162.   Test of relationship

In sections 159 and 161, “brother” and “sister”, respectively, include half-brother, half-sister, step brother, step-sister, adoptive brother, adoptive sister and the provisions of the said sections shall apply whether the relationship between the person charged with an offence and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

[S 162 am by s 9 of Act 15 of 2005.]

 

163.   Conviction of incest lawful on charge of rape

   (1) If, on the trial of any information for or charge of rape, the Court is satisfied that the defendant is guilty of an offence under section 159, but is not satisfied that the defendant is guilty of rape, the Court may acquit the defendant of rape and find him guilty of an offence under section 159, and he shall be liable to be punished accordingly.

   (2) If, on the trial of any information for or charge of an offence under section 159, the Court is satisfied that the defendant is guilty of an offence under section 138 or 139, but is not satisfied that the defendant is guilty of an offence under section 159, the Court may acquit the defendant of an offence under section 159 and find him guilty of an offence under section 138 or 139, and he shall be liable to be punished accordingly.

Conviction of unlawful carnal knowledge on charge of incest

 

164.   Prohibition of disclosure of information

   (1) A person shall not without the consent, in writing, given by or on behalf of a child or person publish or disclose to any person otherwise than in the course of duty, the contents of any documents, communication or information which relates to and which has come to that person’s knowledge in the course of duty performed in relation to offences under this Part, including the handling, medical treatment or counseling of victims.

   (2) A person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine of not less than fifty thousand penalty units or to imprisonment for six months, or to both.

 

164A.   Consent to incest

   (1) A person shall not without the consent, in writing, given by or on behalf of a child or person publish or disclose to any person otherwise than in the course of duty, the contents of any documents, communication or information which relates to and which has come to that person’s knowledge in the course of duty performed in relation to offences under this Part, including the handling, medical treatment or counseling of victims.

   (2) A person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine of not less than fifty thousand penalty units or to imprisonment for six months, or to both.

[S 164A ins by s 10 of Act 15 of 2005.]

CHAPTER XVI
OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS

 

165.   Fraudulent pretence of marriage

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

 

166.   Bigamy

Any person who, having a husband or wife living, goes through a ceremony of marriage which is void by reason of its taking place during the life of such husband or wife, is guilty of a felony and is liable to imprisonment for five years:

Provided that this section shall not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time.

 

167.   Marriage ceremony fraudulently gone through without lawful marriage

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

 

168.   Desertion of children

Any person who being the parent, guardian or other person having the lawful care or charge of a child being able to maintain such child, willfully and without lawful or reasonable cause deserts the child and leaves it without means of support commits an offence and is liable, upon conviction, for a first offence to imprisonment for a term not exceeding three years, or for a subsequent offence to imprisonment for a term not exceeding seven years.

[S 168 subs by s 11 of Act 15 of 2005.]

 

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

Any person who being the—

      (a)   parent;

      (b)   guardian; or

      (c)   person in charge;

of a child that is unable to provide for itself, refuses or willfully neglects to provide, being able to do so, sufficient food, clothes, bedding or other necessities for such child, and thereby injures the health of such child, commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding three years or to both.

[S 169 subs by s 12 of Act 15 of 2005.]

 

170.   Master not providing for servants or apprentices

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

 

171.   Child stealing

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

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

      (b)   receives or harbours the child, knowing it to have been so taken or enticed away or detained; is guilty of a felony and is liable to imprisonment for fourteen years.

   (2) It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be its father.

[S 171 am by Act 20 of 1953, 14 of 1981.]

CHAPTER XVII
NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE

 

172.   Common nuisance

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

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

 

173.   Watching and besetting

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

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

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

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

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

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

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

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

   (3) Every person who is guilty of an offence under the provisions of this section is liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 173 am by Act 60 of 1957, 13 of 1994.]

 

174.   Gaming houses

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

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

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

   (4) Any person, other than the persons mentioned in sub-section (1), who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming, and is guilty of a misdemeanour and is liable to a fine of one hundred and fifty penalty units for the first offence, and for each subsequent offence to a fine of six hundred penalty units or imprisonment for three months, or to both.

[S 174 am by Act 13 of 1994.]

 

175.   Betting houses

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

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

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

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

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

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

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

      (ii)   for securing the paying or giving by some other person of any money or other property on any such event or contingency; is called a common betting house.

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

Provided that—

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

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

[S 175 am by Act 15 of 1946, 8 of 1957, 27 of 1957.]

 

176.   Keeper of premises defined

Any person who appears, acts, or behaves as master or mistress, or as the person having the care or management of any such house, room, set of rooms, or place as is mentioned in sections 174 and 175 is to be taken to be the keeper thereof, whether he is or is not the real keeper.

 

177.   Obscene matters or things

   (1) Any person who—

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

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

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

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

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

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

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

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

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

   (5) No prosecution for an offence under this section shall be instituted without the written consent of the Director of Public Prosecutions.

[S 177 am by Act 61 of 1970, 13 of 1994.]

 

177A.   Child pornography

   (1) Any person who engages a child or other person—

      (a)   in a pornographic performance;

      (b)   in the production of a pornographic film or other material; or

      (c)   in a pornographic activity of any nature;

commits an offence and is liable, upon conviction, to a term of imprisonment of not less than fifteen years and may be liable to imprisonment for life.

   (2) Any person who—

      (a)   sells or gives to a child pornographic material;

[S 177A(2)(a) am by s 8(a)(i) of Act 2 of 2011.]

      (b)   compels, invites or allows a child to watch a pornographic film or view pornography on the internet or elsewhere or in any form intended to corrupt a child’s morals;

[S 177A(2)(b) am by s 8(a)(ii) of Act 2 of 2011.]

commits an offence and is liable, upon conviction, to a term of imprisonment of not less than fifteen years.

   (3) ...

[S 177A ins by s 13 of Act 15 of 2005; s 177A(3) rep by s 8(b) of Act 2 of 2011.]

 

178.   Idle and disorderly persons

The following persons—

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

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

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

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

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

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

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

are deemed idle and disorderly persons, and are liable to imprisonment for one month or to a fine not exceeding sixty penalty units or to both.

[S 178 am by Act 15 of 1938, 26 of 1940, 29 of 1948, 13 of 1994.]

 

179.   Use of insulting language

Every person who uses insulting language or otherwise conducts himself in a manner likely to give such provocation to any person as to cause such person to break the public peace or to commit any offence against the person, is liable to imprisonment for three months or to a fine not exceeding four hundred and fifty penalty units or to both.

[S 179 am by 15 of 1938; 13 of 1994.]

 

180.   Nuisances by drunken persons, etc.

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

   (2) Every person who, in any highway or other public place or on any premises licensed under the Liquor Licensing Act, is guilty while drunk of riotous or disorderly behaviour or who is drunk while in charge on any highway or railway or other public place of any horse, cattle, steam engine, locomotive, wagon, van, carriage or any other vehicle, other than a motor vehicle, or who is drunk when in possession of any loaded firearms, may be arrested without warrant and is liable to a penalty not exceeding seven hundred and fifty penalty units, or to imprisonment with or without hard labour for a period not exceeding three months.

[S 180 am by Act 21 of 1958, 13 of 1994.]

 

181.   Rogues and vagabonds

The following persons—

      (a)   every person convicted of an offence under section 178 after having been previously convicted as an idle and disorderly person;

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

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

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

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

 

182.   Forfeiture of official uniform, etc.

   (1) In this section, unless the context otherwise requires—

“official uniform” means any uniform prescribed for or used by the Defence Force, the Zambia Police Force or any other force or service in Zambia, or such department of the Government as the President may, by statutory instrument, prescribe;

“uniform” includes any distinctive part of such uniform.

   (2) Offences relating to official uniform

Any person who unlawfully wears any official uniform, or any dress bearing any of the distinctive marks of any such official uniform- (a)   with intent to commit a felony is guilty of an offence and is liable upon conviction to imprisonment for a term not exceeding seven years; or

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

   (3) Wearing of official uniform with intent to commit offence

Any person who, without authority, wears an official uniform, or any dress having the appearance or distinctive marks of such official uniform, is guilty of an offence and is liable upon conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding two months, or to both:

Provided that nothing in this section shall prevent any person from wearing any official uniform or dress in the course of a stage play performed in any place in which stage plays may lawfully and publicly be performed, or in the course of a music-hall or circus performance, or in the course of any bona fide military representation.

   (4) Unauthorised wearing of official uniform

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

   (5) Unauthorised importation, manufacture or sale of official uniform, etc.

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

   (6) Unauthorised wearing of badges, etc.

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

   (7) Bringing contempt on official uniform

Any uniform, dress, button, badge or other thing which is the subject of an offence under this section is liable to forfeiture, unless the President otherwise directs.

[S 182 am by Act 23 of 1955; GN 303 of 1964; SI 63 of 1964; Act 2 of 1987, 13 of 1994.]

 

183.   Negligent act likely to spread infection

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

 

184.   Adulteration of food or drink intended for sale

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

 

185.   Sale of noxious food or drink

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

 

186.   Adulteration of drugs

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

 

187.   Sale of adulterated drugs

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

 

188.   Fouling water

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

 

189.   Fouling air

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

 

190.   Offensive trades

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

CHAPTER XVIII
DEFAMATION

 

191.   Libel

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

 

192.   Definition of defamatory matter

Defamatory matter is matter likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation. It is immaterial whether at the time of the publication of the defamatory matter the person concerning whom such matter is published is living or dead:

Provided that no prosecution for the publication of defamatory matter concerning a dead person shall be instituted without the consent of the Director of Public Prosecutions.

[S 192 am by SI 63 of 1964.]

 

193.   Definition of publication

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

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

 

194.   Definition of unlawful publication

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

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

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

 

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

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

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

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

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

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

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

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

   (2) Where a publication is absolutely privileged, it is immaterial for the purposes of this Chapter whether the matter be true or false, and whether it be or be not known or believed to be false, and whether it be or be not published in good faith:

Provided that nothing in this section shall exempt a person from any liability to punishment under any other Chapter of this Code or under any other Act or Statute in force within Zambia.

[S 195 am by Act 26 of 1940; GN 303 of 1964.]

 

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

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

      (a)   if the matter published is in fact a fair report of anything said, done, or shown in a civil or criminal inquiry or proceedings before any Court:

Provided that if the Court prohibits the publication of anything said or shown before it, on the ground that it is seditious, immoral, or blasphemous, the publication thereof shall not be privileged; or

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

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

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

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

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

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

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

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

 

197.   Explanation as to good faith

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

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

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

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

 

198.   Presumption as to good faith

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

DIVISION IV
OFFENCES AGAINST THE PERSON

CHAPTER XIX
MURDER AND MANSLAUGHTER

 

199.   Manslaughter

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

 

200.   Murder

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

 

201.   Punishment for murder

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

      (a)   to death; or

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

Provided that paragraph (b) of this sub-section shall not apply to murder commited in the course of aggravated robbery with a firearm under section 294.

   (2) For the purpose of this section—

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

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

[S 201 am by Act 3 of 1990.]

 

202.   Punishment of manslaughter

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

 

203.   Infanticide

Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, she shall be guilty of felony, to wit of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child.

 

204.   Malice aforethought

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

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

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

      (c)   an intent to commit a felony;

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

 

205.   Killing on provocation

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

   (2) The provisions of this section shall not apply unless the Court is satisfied that the act which causes death bears a reasonable relationship to the provocation.

[S 205 am by Act 28 of 1952.]

 

206.   Provocation defined

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

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

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

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

   (5) An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.

[S 206 am by Act 26 of 1933, 26 of 1940.]

 

207.   Causing death defined

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

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

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

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

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

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

 

208.   When child deemed to be a person

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

 

209.   Limitation as to time of death

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

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

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

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

CHAPTER XX
DUTIES RELATING TO THE PRESERVATION OF LIFE AND HEALTH

 

210.   Responsibility of person who has charge of another

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

 

211.   Duty of head of family

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

 

212.   Duty of masters and mistresses

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

 

213.   Duty of persons doing dangerous acts

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

 

214.   Duty of persons in charge of dangerous things

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

CHAPTER XXI
OFFENCES CONNECTED WITH MURDER

 

215.   Attempt to murder

Any person who—

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

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

 

216.   Attempt to murder by convict

Any person who, being under sentence of imprisonment for three years or more, attempts to commit murder, is liable to imprisonment for life.

[S 216 am by Act 26 of 1933.]

 

217.   Accessory after the fact to murder

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

 

218.   Written threat to murder

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

 

219.   Conspiracy to murder

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

 

220.   Concealing the birth of children

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

 

221.   Child destruction

   (1) Subject as hereinafter in this sub-section provided, any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother, is guilty of felony, to wit, of child destruction, and is liable on conviction thereof to imprisonment for life:

Provided that no person shall be found guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.

   (2) For the purposes of this section, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive.

CHAPTER XXII
OFFENCES ENDANGERING LIFE OR HEALTH

 

222.   Disabling with intent to commit felony or misdemeanour

Any person who, by any means calculated to choke, suffocate or strangle, and with intent to commit or to facilitate the commission of a felony or misdemeanour, or to facilitate the flight of an offender after the commission or attempted commission of a felony or misdemeanour, renders or attempts to render any person incapable of resistance, is guilty of a felony and is liable to imprisonment for life.

[S 222 am by Act 26 of 1933.]

 

223.   Stupefying with intent to commit felony or misdemeanour

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

 

224.   Acts intended to cause grievous harm or prevent arrest

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

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

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

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

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

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

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

      (g)   unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person; is guilty of a felony and is liable to imprisonment for life.

 

225.   Preventing escape from wreck

Any person who unlawfully—

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

      (b)   obstructs any person in his endeavours to save the life of any person so situated; is guilty of a felony and is liable to imprisonment for life.

 

226.   Acts endangering railways and persons travelling thereon

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

      (a)   places anything on such railway; or

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

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

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

      (e)   wilfully fails to do any act which it is his duty to do; is guilty of a felony and is liable to imprisonment for life.

   (2) Subject to the provisions of the Juveniles Act, where a person has been convicted of an offence under sub-section (1) and his intent was to derail or cause to be derailed any railway engine, tender, wagon or carriage, he shall be sentenced to not less than five years’ imprisonment.

 

227.   Trespass on railway

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

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

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

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

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

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

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

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

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

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

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

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

   (6) For the purposes of this section—

“authorised path” means a path entered in any register kept under the provisions of sub-section (4);

“railway reserve” means the strip of land along any railway line owned by the Zambia Railways extending—

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

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

[S 227 am by Act 34 of 1960; GN 493 of 1964; Act 24 of 1977.]

 

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

Any person who, with intent either to injure or to endanger the safety of any person travelling in any motor vehicle as defined in the Roads and Road Traffic Act, shoots or throws anything at, into or upon or causes anything to come into contact with any such person or any such vehicle, is guilty of a felony and is liable to imprisonment for life.

 

229.   Grievous harm

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

 

230.   Attempting to injure by explosive substances

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

 

231.   Maliciously administering poison with intent to harm

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

 

232.   Unlawful wounding or poisoning

Any person who—

      (a)   unlawfully wounds another; or

      (b)   unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person; is guilty of a felony and is liable to imprisonment for three years.

 

233.   Failure to supply necessaries

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

 

234.   Responsibility as to surgical operation

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

 

235.   Criminal responsibility

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

 

236.   Exception

Notwithstanding anything contained in section 235, consent by a person to the causing of his own death or his own maim does not affect the criminal responsibility of any person by whom such death or maim is caused.

CHAPTER XXIII
CRIMINAL RECKLESSNESS AND NEGLIGENCE

 

237.   Reckless and negligent acts

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

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

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

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

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

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

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

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

    is guilty of a misdemeanour.

[S 237 am by Act 45 of 1969.]

 

238.   Unlawful acts causing harm

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

 

239.   Dealing with poisonous substances in negligent manner

Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such care with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units.

[S 239 am by Act 26 of 1940, 13 of 1994.]

 

240.   Endangering safety of persons travelling by railway

Any person who, by any unlawful act or omission not specified in section 226, causes the safety of any person travelling by any railway to be endangered, is guilty of a misdemeanour.

 

241.   Exhibition of false light, mark or buoy

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

 

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

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

 

243.   Obstruction of waterways

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

   (2) For the purposes of this section, “vessel” includes any canoe, boat, ship or raft.

 

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

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

 

245.   Trespass on aerodromes

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

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

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

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

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

   (4) For the purposes of this section, “aerodrome” includes an airport, landing ground, or other place normally used by aircraft for landing and taking off.

[S 245 am by Act 28 of 1949, 13 of 1994.]

 

246.   Obstruction of roads or runways

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

   (2) For the purposes of this section—

“road” shall have the meaning assigned to it by section two of the Roads and Road Traffic Act;

“runway” includes any landing ground or other place ordinarily used by aircraft for landing or taking off.

CHAPTER XXIV
ASSAULTS

 

247.   Common assault

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

 

248.   Assaults occasioning actual bodily harm

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

 

248A.   Assault or battering of child

Any person who commits an assault or battery on a child occasioning actual bodily harm commits an offence and is liable, upon conviction, to a term of imprisonment of not less than five years and not exceeding ten years.

[S 248A ins by s 14 of Act 15 of 2005.]

 

249.   Assaults on persons protecting wrecks

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

 

250.   Assaults punishable with five years’ imprisonment

Any person who—

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

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

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

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

      (e)   assaults any person on account of any act done by him in the execution of any duty imposed on him by law; is guilty of a misdemeanour and is liable to imprisonment for five years.

CHAPTER XXV
OFFENCES AGAINST LIBERTY

 

251.   Definition of kidnapping from Zambia

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

 

252.   Definition of kidnapping from lawful guardianship

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

 

253.   Definition of abduction

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

 

254.   Punishment for kidnapping

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

 

255.   Kidnapping or abducting in order to murder

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

 

256.   Kidnapping or abducting with intent to confine person

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

 

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

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

 

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

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

 

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

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

 

260.   Punishment for wrongful confinement

Whoever wrongfully confines any person is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine not exceeding six thousand penalty units.

[S 260 am by Act 26 of 1940, 13 of 1994.]

 

261.   Buying or disposing of any person as a slave

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

 

262.   Habitual dealing in slaves

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

 

263.   Unlawful compulsory labour

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

DIVISION V
OFFENCES RELATING TO PROPERTY

CHAPTER XXVI
THEFT

 

264.   Things capable of being stolen

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

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

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

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

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

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

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

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

 

265.   Definition of theft

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

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

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

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

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

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

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

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

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

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

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

 

266.   Special cases

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

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

 

267.   Funds, etc., held under direction

When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale, mortgage, pledge, or other disposition of any property, whether capable of being stolen or not with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received until the direction has been complied with.

[S 267 am by Act of 1968.]

 

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

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

 

269.   Money received for another

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

 

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

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

 

271.   Husband and wife

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

 

272.   General punishment for theft

Any person who steals anything capable of being stolen is guilty of the felony termed “theft”, and, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, is liable to imprisonment for five years.

[S 272 am by Act 29 of 1974.]

 

273.   Stolen wills

If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for ten years.

[S 273 am by Act 28 of 1931.]

 

274.   Stealing postal matter, etc.

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

 

275.   Stock theft

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

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

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

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

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

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

 

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

   (1) Nothwithstanding sub-section (2) of section 26, if the thing stolen is copper cathodes, copper bars, cobalt, lead, zinc or vanadium the offender is liable to imprisonment for a period not exceeding fifteen years.

   (2) Where a person is convicted of an offence under this Act the Court which convicts him shall, in addition to any other penalty imposed under sub-section (1), order the forfeiture of all the property which is the subject of that offence or which has been used for the commission of that offence:

Provided that no conveyance which has been used for the commission of the offence shall be forfeited if the offence was committed by a person other than the owner or person in charge of the conveyance and it is proved to the Court that the use of the conveyance for the commission of the offence was without the consent and knowledge of the owner or person in charge of the conveyance and was not due to any neglect, default or lack of reasonable care by the owner or the person in charge of the conveyance.

   (3) Where it is proved to the satisfaction of the Court that an offence has been committed under this Section, the Court shall make an order for the forfeiture of all property which is the subject matter of that offence or which has been used for the commission of that offence, notwithstanding that no person may have been convicted of the offence:

Provided that the proviso to sub-section (2) shall apply in relation to an order for forfeiture under this sub-section.

[S 275A am by Act 23 of 1993.]

 

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

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

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

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

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

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

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

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

      (g)   if the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument; the offender is liable to imprisonment for seven years.

[S 276 am by Act 13 of 1994.]

 

277.   Stealing by persons in public service

If the offender is a person employed in the public service and the thing stollen is the property of the Government, a local authority or a corporation, body or board, including an institution of higher learning in which the Government has a majority or con-trolling interest, or came into his possession by virtue of his employment, he is liable to imprisonment for fifteen years.

[S 277 am by Act 29 of 1974.]

 

278.   Stealing by clerks and servants

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

 

279.   Stealing by directors or officers of companies

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

 

280.   Stealing by agents etc.

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

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

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

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

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

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

 

281.   Stealing by tenants or lodgers

If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging and its value exceeds one hundred and fifty fee units, he is liable to imprisonment for seven years.

[S 281 am by Act 13 of 1994.]

 

281A.   Stealing of motor vehicle

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

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

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

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

      (a)   which is registered or registrable under the provisions of section 66 of the Roads and Road Traffic Act; or

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

   (3) Where a person is convicted of an offence under sub-section (1) the Court which convicts the person shall, in addition to any other penalty imposed under that sunsection, order the forfeiture of all the property which has been used for or derived from the commission of that offence:

Provided that no property which has been used for the commission of the offence shall be forfeited if the offence was committed by a person other than the owner or person in charge of the property and it is proved to the Court that the use of the property for the commission of the offence was without the consent and knowledge of the owner or person in charge of the property.

[S 281A(3) ins by s 3 of Act 20 of 2000.]

   (4) Where a person is charged with an offence under sub-section (1) the trial Court may, notwithstanding that the person was not originally charged with that offence, convict the person of a lesser offence and the person shall, upon such conviction, be liable to a fine of not less than fifty-eight thousand penalty units or to imprisonment for a term of not less than five years, or to both.

[S 281A(4) ins by s 3 of Act 20 of 2000.]

 

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

   (1) A policy officer may, without a warrant, stop, search and arrest any person found driving, or in possession, charge or control of a motor vehicle, where the officer believes, on reasonable grounds, that the vehicle is stolen.

   (2) Where an arrest is made under sub-section (1) the police officer may seize the vehicle and any documents relating to the vehicle.

   (3) A police officer who arrests any person or seizes a motor vehicle under this section shall as soon as practicable take the person, the vehicle and any documents relating to the nearest police station.

   (4) A person arrested and any motor vehicle seized under this section shall, within forty-eight hours of arrest and seizure, be brought before a Court.

   (5) Any motor vehicle—

      (a)   returned, by the Court, to the police at the conclusion of the case; or

      (b)   found abandoned on any road or inn any public place or premises;

and of which the owner is not known or cannot be found, may be removed to a police station, and if not previously claimed by its owner, shall be dealt with in accordance with the provisions of sub-section (6).

   (6) The Officer-In-Charge of the police station to which a motor vehicle is removed in terms of sub-section (5) shall cause to be published, once in the Gazzette, and once in a newspaper of general circulation in Zambia, a notice containing—

      (a)   particulars of the vehicle concerned; or

      (b)   where no particulars are available, fair description of the vehicle; and (c) a warning that if the vehicle remians unclaimed within six minths from the date of publication of the notice, it shall be forfeited to the State and dealt with as the Minister may, by notice in the Gazzette, direct, which may include sale by public auction.

[S 281B ins by s 4 of Act 20 of 2000.]

 

282.   …

[S 282 rep by Act 29 of 1974.]

CHAPTER XXVII
OFFENCES ALLIED TO STEALING

 

283.   Concealing registers

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

 

284.   Concealing wills

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

 

285.   Concealing deeds

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

 

286.   Killing animals with intent to steal

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

 

287.   Severing with intent to steal

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

 

288.   Fraudulent disposition of mortgaged goods

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

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

 

289.   Fraudulently dealing with metals or minerals

Notwithstanding sub-section (2) of section 26, any person who takes, conceals, or otherwise disposes of any ore or any metal or mineral with intent to defraud any person, is guilty of a felony and is liable to imprisonment for a period not exceeding fifteen years.

 

289A.   Fraidulently dealing with motor vehicles

   (1) Any person who—

      (a)   takes, conceals, sells, or otherwise disposes of a motor vehicle or any part of it with intent to defraud any person; or

      (b)   knowing or believing that a motor vehicle is stolen, dishonestly receives such motor vehicle or undertakes or assists in its retention, removal disposal or realisation by or for the benefit of another person or arranges to do so;

commits an offence and is liable, upon conviction, to a fine of not less than twenty-eight thousand penalty units but not exceeding fifty-six thousand penalty units or imprisonment for a term of five years or to both.

   (2) Where a person is convicted of an offence under this section the Court which convicts the person shall, in addition to any penalty imposed under sub-section (1), order the forfeiture of all property which is used for or derived from the commission of the offence.

   (3) Any sentence imposed under sub-section (1) shall be consecutive to, and not concurrent with, any sentence imposed on the convicted person and no part of such sentence shall be suspended.

[S 289A ins by s 4 of Act 20 of 2000.]

 

290.   Fraudulent appropriation of power

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

 

291.   Conversion not amounting to theft

Any person who unlawfully and without colour of right, but not so as to be guilty of theft, takes or converts to his use or to the use of any other person any draught or riding animal or any vehicle or cycle however propelled, or any vessel, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding one thousand five hundred penalty units, or to both.

[S 291 am by Act 13 of 1994.]

CHAPTER XXVIII
ROBBERY AND EXTORTION

 

292.   Robbery

Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is guilty of the felony of robbery and is liable on conviction to imprisonment for fourteen years.

 

293.   Assault with intent to steal

Any person who assaults any person with intent to steal anything is guilty of a felony and is liable on conviction to imprisonment for seven years.

 

294.   Aggravated robbery

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

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

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

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

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

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

   (3) In this section “firearm” has the meaning assigned to it in section two of the Firearms Act.

[S 294 am by Act 18 of 1963, 40 of 1969, 29 of 1974.]

 

295.   Aggravated assault with intent to steal

Any person who, being armed with any offensive weapon or instrument, or being together with one person or more, assaults any person with intent to steal anything, is guilty of a felony and is liable on conviction to imprisonment for a period (notwithstanding sub-section (2) of section 26) of not less than ten years and not exceeding twenty years.

[S 295 am by Act 18 of 1963, 40 of 1969.]

 

296.   Demanding property by written threats

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

 

297.   Attempts at extortion by threats

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

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

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

      (c)   knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threat as aforesaid; is guilty of a felony, and if the accusation or threat of accusation is of—

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

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

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

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

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

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

 

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

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

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

      (b)   to write any name or impress or affix any seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security; is guilty of a felony and is liable to imprisonment for fourteen years.

 

299.   Demanding property with menaces with intent to steal

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

CHAPTER XXIX
BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES

 

300.   Definition of breaking and entering

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

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

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

 

301.   House-breaking and burglary

Any person who—

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

      (b)   having entered any dwelling house with intent to commit a felony therein, or having committed a felony in any such dwelling house, breaks out thereof; is guilty of the felony termed “housebreaking” and is liable to imprisonment for seven years. If the offence is committed in the night, it is termed “burglary” and the offender is liable to imprisonment for ten years.

[S 301 am by Act 3 of 1990.]

 

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

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

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

[S 302 am by Act 3 of 1990.]

 

303.   Breaking into building and committing felony

Any person who—

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

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

[S 303 am by Act 3 of 1990.]

 

304.   Breaking into building with intent to commit felony

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

 

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

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

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

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

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

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

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

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

      (g)   being in any building whatever by day with intent to commit a felony therein, and having taken precautions to conceal his presence; is guilty of a felony and is liable to imprisonment for three years. If the offender has been previously convicted of a felony relating to property, he is liable to imprisonment for seven years.

[S 305 am by Act 7 of 1960.]

 

306.   Criminal trespass

Any person who—

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

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

is guilty of the misdemeanour termed “criminal trespass” and is liable to imprisonment for three months. If the property upon which the offence is committed is any building, tent or vessel used as a human dwelling or any building used as a place of worship or as a place for the custody of property, the offender is liable to imprisonment for one year.

 

307.   Forfeiture

When any person is convicted of an offence under this Chapter, the Court shall order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connection with any such offence shall be forfeited.

[S 307 am by SI 63 of 1964; Act 5 of 1972.]

CHAPTER XXX
FALSE PRETENCES

 

308.   Definition of false pretence

Any representation made by words, writing or conduct, of a matter of fact or of law, either past or present, including a representation as to the present intentions of the person making the representation or of any other person, which representation is false in fact, and which the person making it knows to be false or does not believe to be true, is a false pretence.

[S 308 am by Act 5 of 1972.]

 

309.   Obtaining goods by false pretences

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

 

309A.   Obtaining pecuniary advantage by false pretences

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

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

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

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

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

 

310.   Obtaining execution of a security by false pretences

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

 

310A.   Intent to deceive

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

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

      (b)   to believe a thing to be false which is true, and which the person practising the deceipt knows or believes to be true; and in consequence of having been so induced does or omits to do an act whether or not any injury or loss is thereby suffered by any person.

[S 310A am by Act 5 of 1972.]

 

311.   Cheating

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

 

312.   Obtaining credit, etc., by false pretences

Any person who—

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

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

      (c)   with intent to defraud his creditors or any of them, conceals, sells or removes any part of his property after or within three months before the date of any unsatisfied judgment or order for payment of money obtained against him; is guilty of a misdemeanour and is liable to imprisonment for one year.

 

313.   Conspiracy to defraud

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

 

314.   Frauds on sale or mortgage of property

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

      (a)   conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or

      (b)   falsifies any pedigree on which the title depends or may depend; or

      (c)   makes any false statement as to the title offered or conceals any fact material thereto; is guilty of a misdemeanour.

 

315.   Pretending to tell fortunes

Any person who for gain or reward undertakes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, is guilty of a misdemeanour.

 

316.   Obtaining registration, etc., by false pretences

Any person who wilfully procures or attempts to procure for himself or any other person any registration, license or certificate under any Act by any false pretence, is guilty of a misdemeanour and is liable to imprisonment for one year.

 

317.   False declaration for passport

Any person who makes a statement which is to his know-ledge untrue for the purpose of procuring a passport, whether for himself or for any other person, is guilty of a misdemeanour.

CHAPTER XXXI
RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES

 

318.   Receiving property unlawfully obtained

   (1) Any person who receives or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe the same to have been feloniously stolen, taken, extorted, obtained or disposed of, is guilty of a felony and is liable to imprisonment for seven years.

Receiving stolen property, etc.

   (2) Any person who received or retains any chattel, money, valuable security or other property whatsoever, knowing or having reason to believe the same to have been unlawfully taken, obtained, converted or disposed of in a manner which constitutes a misdemeanour, is guilty of a misdemeanour and is liable to the same punishment as the offender by whom the property was unlawfully obtained, converted or disposed of.

[S 318 am by Act 26 of 1940.]

 

319.   Person suspected of having or conveying stolen property

Any person who shall be brought before a Court charged with—

      (a)   having in his possession anything which may be reasonably suspected of having been stolen or unlawfully obtained; or

      (b)   conveying in any manner anything which may be reasonably suspected of having been stolen or unlawfully obtained;

and who shall not give an account to the satisfaction of such Court of how he came by the same, is guilty of a misdemeanour.

 

320.   Receiving goods stolen outside Zambia

Every person who, without lawful excuse, knowing or having reason to believe the same to have been stolen or obtained in any way whatsoever under such circumstances that if the act had been committed in Zambia the person committing it would have been guilty of felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside Zambia, is guilty of an offence of the like degree (whether felony or misdemeanour) and is liable to imprisonment for seven years.

CHAPTER XXXII
ILLEGAL POSSESSION OF DIAMONDS AND EMERALDS

 

321.   Illegal possession of diamonds or emeralds

   (1) Any person who, without the written permission of the Chief Mining Engineer, has in his possession or disposes of any diamond or emerald shall be guilty of a misdemeanour.

   (2) For the purposes of this section—

“Chief Mining Engineer” means the person appointed as such in pursuance of section 6 of the Mines and Minerals Act, 1969;

“diamond” means any rough or uncut diamond and includes any diamond which has been partially cut, shaped or polished out of the rough;

“emerald” means any rough or uncut emerald and includes any emerald which has been partially cut, shaped or polished out of the rough.

   (3) Any police officer of or above the rank of Sub Inspector may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section.

 

322.   Forfeiture on conviction

   (1) When a person has been found guilty by a Court of an offence under section 321 in addition to any other punishment imposed on the accused person, the diamonds or emeralds in respect of which the offence has been committed shall be forfeited to the state upon such finding by the Court.

   (2) Any diamonds or emeralds which have been forfeited under sub-section (1) shall be released to the Minister of Finance or such other person as may be authorised by him in writing.

[S 322 am by Act 5 of 1972.]

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

 

323.   Trustees fraudulently disposing of trust property

   (1) Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use not authorised by the trust, is guilty of a felony and is liable to imprisonment for seven years.

   (2) For the purposes of this section, “trustee” includes the following persons and no others, that is to say—

      (a)   trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose;

      (b)   trustees appointed by or under the authority of an Act or Statute for any such purpose;

      (c)   persons upon whom the duties of any such trust as aforesaid devolve;

      (d)   executors and administrators.

 

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

Any person who—

      (a)   being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct such an entry to be made therein; or

      (b)   being a director, officer, or member of a corporation or company, does any of the following acts with intent to defraud, that is to say—

      (i)   destroys, alters, mutilates or falsifies any book, document, valuable security or account, which belongs to the corporation or company, or any entry in any such book, document, or account, or is privy to any such act; or

      (ii)   makes, or is privy to making, any false entry in any such book, document, or account; or

      (iii)   omits, or is privy to omitting, any material particular from any such book, document or account; is guilty of a felony and is liable to imprisonment for seven years.

 

325.   False statements by officials of companies

Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating, or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the purposes following, that is to say—

      (a)   to deceive or to defraud any member, shareholder, or creditor of the corporation or company, whether a particular person or not;

      (b)   to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to, the corporation or company, or to enter into any security for the benefit thereof;

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

 

326.   Fraudulent false accounting

Any person who, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, does any of the acts following with intent to defraud, that is to say—

      (a)   destroys, alters, mutilates or falsifies any book, document, valuable security or account, which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document or account, or is privy to any such act; or

      (b)   makes, or is privy to making, any false entry in any such book, document, or account; or

      (c)   omits, or is privy to omitting, any material particular from any such book, document or account; is guilty of a felony and is liable to imprisonment for seven years.

 

327.   False accounting by public officer

Any person who, being an officer charged with the receipt, custody or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property in his possession or under his control, is guilty of a misdemeanour.

DIVISION VI
MALICIOUS INJURIES TO PROPERTY

CHAPTER XXXIV
OFFENCES CAUSING INJURY TO PROPERTY

 

328.   Arson

   (1) Any person who wilfully and unlawfully sets fire to—

      (a)   any building or structure whatever, whether completed or not; or

      (b)   any vessel or any motor vehicle as defined in the Roads and Road Traffic Act, whether completed or not; or

      (c)   any stack of cultivated vegetable produce, or of mineral or vegetable fuel; or

      (d)   a mine, or the workings, fittings, or appliances of a mine; is guilty of a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and may be liable to imprisonment for life:

Provided that where the arson causes the death of any person the offender shall, on conviction, be liable to imprisonment for life; and

[S 328 renumbered as s 328(1) by s 3(a); s 328(1)(d) am by s 3(b) of Act 17 of 2007.]

   (2) Sub-section (2) of section 26 shall not apply to this section.

[S 328(2) ins by s 3(c) of Act 17 of 2007.]

 

329.   Attempts to commit arson

Any person who—

      (a)   attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or

      (b)   wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it; is guilty of a felony and is liable to imprisonment for fourteen years.

 

330.   Setting fire to crops and growing plants

Any person who wilfully and unlawfully sets fire to—

      (a)   a crop of cultivated produce, whether standing, picked or cut; or

      (b)   a crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut; or

      (c)   any standing trees, saplings, or shrubs, whether indigenous or not, under cultivation; is guilty of a felony and is liable to imprisonment for fourteen years.

[S 330 am by Act 26 of 1940.]

 

331.   Attempts to set fire to crops, etc.

Any person who—

      (a)   attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or

      (b)   wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it; is guilty of a felony and is liable to imprisonment for seven years.

 

332.   Casting away vessels

Any person who—

      (a)   wilfully and unlawfully casts away or destroys any vessel, whether completed or not; or

      (b)   wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or

      (c)   with intent to bring a vessel into danger, interferes with any light, beacon, buoy, mark, or signal used for purposes of navigation, or exhibits any false light or signal; is guilty of a felony and is liable to imprisonment for life.

[S 332 am by Act 26 of 1933.]

 

333.   Attempts to cast away vessels

Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress, is guilty of a felony and is liable to imprisonment for fourteen years.

[S 333 am by Act 26 of 1933.]

 

334.   Injuring animals

   (1) Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen is guilty of an offence.

   (2) If the animal in question is a horse, mare, gelding, ass, mule, camel, bull, cow, ox, goat, pig, ram, ewe, wether, or ostrich, or the young of any such animal, the offender is guilty of a felony and is liable to imprisonment for seven years. In any other case the offender is guilty of a misdemeanour.

 

335.   Punishment for malicious damages in general, etc

   (1) Any person who wilfully and unlawfully destroys or damages any property commits an offence, which, unless otherwise stated, is a misdemeanour and is liable, on conviction, if no other punishment is provided, to imprisonment for two years:

Provided that where the destruction or damage caused to property is—

      (a)   in excess of five thousand Kwacha, the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than five years and not exceeding twelve years; or

      (b)   in excess of fifteen thousand Kwacha, the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than seven years and not exceeding twelve years.

   (2) Any person who wilfully and unlawfully destroys—

      (a)   a dwelling-house or a vessel, using any explosive substance, and if—

      (i)   any person is in the dwelling-house or vessel; or

      (ii)   the destruction or damage endangers the life of any person; the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and may be liable to imprisonment for life:

Provided that where the explosion causes the death of any person the offender shall, on conviction, be liable to imprisonment for life;

      (b)   a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender commits a felony and is liable, on conviction, to imprisonment for fourteen years;

      (c)   a vessel in distress or wrecked, or stranded, or anything which belongs to such vessel, the offender commits a felony and is liable, on conviction, to imprisonment for seven years; or

      (d)   a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender commits a felony and is liable, on conviction, to imprisonment for seven years.

   (3) Sub-section (2) of section 26 shall not apply to this section.

[S 335 subs by s 4 of Act 17 of 2007.]

 

336.   Attempts to destroy property by explosives

Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatever, is guilty of a felony and is liable to imprisonment for fourteen years.

 

337.   Communicating infectious diseases to animals

Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a felony and is liable to imprisonment for seven years.

 

338.   Removing boundary marks with intent to defraud

Any person who wilfully and unlawfully, and with intent to defraud, removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land, is guilty of a felony and is liable to imprisonment for three years.

 

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

Any person who—

      (a)   wilfully removes, defaces or injuries any survey mark or boundary mark which shall have been made or erected by or under the direction of any Government department or in the course of or for the purposes of a Government survey; or

      (b)   being under an obligation to maintain in repair any boundary mark made or erected as aforesaid, neglects or refuses to repair the same; or

      (c)   wilfully removes, defaces or injures any mark erected by an intending applicant for any lease, license or right under an Act relating to mines or minerals; is guilty of a misdemeanour and is liable to imprisonment for three months or to a fine of six hundred penalty units, and may further be ordered by the Court to pay the cost of repairing or replacing the survey mark or boundary mark and of making any survey rendered necessary by the offender’s act or neglect.

[S 339 am by Act 13 of 1994.]

 

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

Any person who—

      (a)   commits any nuisance or trespass in or upon any trespass on land, buildings, or premises, acquired for or railway belonging to any railway works; or

      (b)   wilfully molests, hinders, or obstructs the officer in charge of any railway or the officer's assistants or workmen in the execution of any work done or to be done in reference to the construction or maintenance of any such railway;

commits a misdemeanour and is liable, on conviction, to imprisonment for three months or to a fine of six hundred penalty units.

[S 340 subs by s 5 of Act 17 of 2007.]

 

341.   Threats to burn or destroy

Any person who, knowing the contents thereof, sends, delivers, utters or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim, or wound any cattle, is guilty of a felony and is liable to imprisonment for ten years.

DIVISION VI A
VANDALISM TO PUBLIC AND PRIVATE PROPERTY

CHAPTER XXXIVA
PUNISHMENT FOR VANDALISM

[Ins by s 6 of Act 17 of 2007.]

 

341A.   Interpretation

In this Division, unless the context otherwise requires—

"aerodrome" has the meaning assigned to it under section 2 of the Aviation Act;

"aircraft" has the meaning assigned to it under section 2 of the Aviation Act;

"computer" has the meaning assigned to it under section 2 of the Computer Misuse and Crimes Act, 2004;

"necessary service" includes—

      (a)   any service relating to the generation, supply or distribution of electricity;

      (b)   any fire brigade or fire service;

      (c)   any sewage, rubbish disposal or other sanitation service;

      (d)   any health, hospital or ambulance service;

      (e)   any service relating to the supply or distribution of water;

      (f)   any service relating to the production, supply, delivery or distribution of fuel;

      (g)   mining;

      (h)   any communications service;

      (i)   any road, railway, bridge, dam, ferry, pontoon, harbour, dock or canal; and

      (j)   any service relating to the aviation of aircraft;

"railway" has the meaning assigned to it under section 3 of the Railways Act;

"road" has the meaning assigned to it under section 2 of the Public Roads Act, 2002;

"sanitation service" has the meaning assigned to it under section 2 of the Water Supply and Sanitation Act, 1997;

"sewage" has the meaning assigned to it under section 2 of the Water Supply and Sanitation Act, 1997;

"traffic signal" has the meaning assigned to it under section 2 of the Public Roads Act, 2002;

"traffic sign" has the meaning assigned to it under section 2 of the Public Roads Act, 2002; and

"vandalise" means willfully or maliciously destroying, damaging, defacing, disabling, or in any way disrupting the functioning of or impairing public or private property and in the case of a computer includes, but is not limited to, acts such as the interference with, interruption or obstruction of the lawful use of a computer by means of a computer virus or otherwise and the causing of a direct or indirect degradation, failure, or other impairment of function of a computerized system or any part thereof by means of a computer virus or otherwise.

 

341B.   High Court

The High Court shall have jurisdiction to try offences jurisdiction of under this Division.

 

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

Sub-section (2) of section 26 shall not apply to this Division

 

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

   (1) Any person who for any purpose vandalises any public or private property essential for or incidental to the provision of a necessary service commits a felony.

   (2) Where the property referred to in sub-section (1) is—

      (a)   a cable, overhead line, power line, electricity pole, pylon, transformer, pole mounted substation, substation, generating station or other property essential for or incidental to the connection, installation, generation, supply or distribution or other use of electricity, notwithstanding the Electricity Act or any other written law, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life;

      (b)   a vehicle, fire engine, appliance, apparatus, a fire brigade or other property essential for or incidental to the provision of a fire service, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life;

      (c)   any machinery, equipment, plant or other structure essential for or incidental to

      (i)   the collection, conveyance, storage, purification or disposal of sewage;

      (ii)   the disposal of rubbish; or

      (iii)   the provision of any other sanitation service; notwithstanding the Water Supply and Sanitation Act 1997, or any other written law, the offender is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years;

      (d)   any instrument, apparatus, machinery, equipment or other property essential for or incidental to the protection or sustenance of life or for the protection of public health or for the provision of health services, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life;

      (e)   a water pipe, water tank, water pump, water reservoir, water plant or other structure essential for or incidental to the purification, filtration, distillation, storage, distribution or supply of water, notwithstanding the Water Supply and Sanitation Act, 1997, or any other written law, the offender is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years;

      (f)   a fuel pump, fuel tanker, pipeline, ship, vessel, vehicle, storage shed, building or place in which petroleum is stored or carried, a refinery, feed stock reserve or any other structure essential for or incidental to the storage, refinery, conveyance, distribution or supply of fuel, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life;

      (g)   any machine, appliance, apparatus, building, erection, bridge, road, shaft or passage of a mine, rope, chain, tackle, well or bore for water, dam, bank, wall or floodgate of a millpond or pool or any other work or way appertaining to or used with a mine the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life;

      (h)   a cable, wire, public telephone, telecommunications apparatus, telecommunications installations or other communications apparatus or communications installations installed, erected or operated by a telecommunications or communications service provider for the purpose of operating or sustaining a telecommunications or communications system or providing a telecommunications or communications service, notwithstanding the Telecommunications Act, the Radio Communications Act or any other written law, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life.

      (i)   a railway, or any work connected with a railway, notwithstanding the Railways Act or any other written law, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years;

or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life;

      (j)   a road, bridge, ferry, pontoon, harbour, dock or canal, notwithstanding the Public Roads Act, 2002, or any other

written law, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or

      (ii)   where the vandalism causes the death of any person, to imprisonment for life; or

      (k)   an aircraft, aerodrome, navigation facility or any other instrument, apparatus, equipment, machinery or other property essential for or incidental to safe aviation, notwithstanding the Aviation Act, the Safety of Civil Aviation Act or any other written law, the offender is liable, on conviction—

      (i)   to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years; or

      (ii)   where that vandalism causes the death of any person, to imprisonment for life.

 

341E.   Vandalism of public buildings, infrastructure, etc

Any person who vandalises—

      (a)   a church, synagogue, mosque or other building, structure or place used for religious worship or other religious purpose;

      (b)   a cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead;

      (c)   a school, educational facility or community center; or

      (d)   any personal property contained in any infrastructure, facility, building, structure or place described in paragraphs (a), (b) or (c); commits a felony and is liable to imprisonment for a term of not less than ten years and not exceeding twenty-five years.

 

341F.   Vandalism of computer or computerised system

Notwithstanding the provisions of the Computer Misuse and Crimes Act, 2004, any person who for any purpose vandalises a computer or a computerised system commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding fifteen years:

Provided that where a computer is vandalised and such computer contains programs or data which the offender knew or ought reasonably to have known is necessary for or used directly in connection with-

      (a)   the security, defence or international relations of the State;

      (b)   the existence or identity of a confidential source of information relating to the enforcement of criminal law;

      (c)   the provision of necessary services or other public services;

      (d)   the provision of banking and financial services;

      (e)   the storage of confidential Government information; or

      (f)   the protection of public safety, including systems related to essential emergency services such as police and civil defence; the offender is liable to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years.

 

341G.   Vandalism of traffic signs and traffic signals

Any person who vandalises any traffic sign or traffic signal commits a felony and is liable, on conviction, to imprisonment

for a term of not less than ten years and not exceeding twenty-five years:

Provided that where the vandalism causes the death of any person, the offender shall, on conviction, be liable to imprisonment for life.

 

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

   (1) Any person who vandalises any light, beacon, buoy, mark or other sign or signal erected or set up for the purpose of navigating a water way or for the guidance of persons engaged in navigation of a water way, commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years:

   (2) In this section water way includes a river, canal, a brook, stream, an artificially constructed water channel or other route for travel by water.

 

341I.   Offences by body corporate, etc

   (1) Where an offence is committed by an institution and it is proved that the offence—

      (a)   was committed with the consent or connivance of an officer of the institution; or

      (b)   was attributable to neglect on the part of an officer of the institution;

the officer and the institution shall be guilty of the offence.

   (2) In this section—

      (a)   in the case of an institution which is a body corporate, "officer" includes—

      (i)   a director, manager or Secretary;

      (ii)   a person purporting to act as a director, manager or Secretary;

      (iii)   if the affairs of the body are managed by its members, a member; and

      (iv)   any other person concerned in the management of the body corporate;

      (b)   in the case of an institution which is a partnership, "officer" means a partner; and

      (c)   in the case of an institution which is an incorporated association other than a partnership, "officer" means a person concerned in the management or control of the association.

   (3) Where an institution is fined in terms of sub-section (1), that institution shall be liable, where the offence for which sentence is passed is in respect of—

      (a)   vandalism of public or private property essential or incidental to the provision of a necessary service, to a fine of five hundred thousand penalty units and in the case of a second or subsequent offence, to a fine of five hundred and fifty thousand penalty units;

      (b)   vandalism of public buildings, infrastructure or other property, in the case of a first offence, to a fine of three hundred thousand penalty units and in the case of a second or subsequent offence, to a fine of three hundred and fifty thousand penalty units;

      (c)   vandalism of a computerised system, to a fine of four hundred thousand penalty units;

      (d)   vandalism of road signs and road signals, to a fine of two hundred thousand penalty units; and

      (e)   vandalism of navigation signs and signals, to a fine of two hundred thousand penalty units.

 

341J.   Attempts to vandalise property

Any person who attempts to commit an offence under this Division, commits a felony, and is liable, on conviction, to imprisonment for eight years.

 

34IK.   Aiding, abetting, soliciting, etc

Any person who aids, abets, counsels, procures, incites or solicits the commission of an offence under this Division, commits a felony and is liable, on conviction, to the same penalties as if that person had been convicted of the offence.

 

341L.      Threats to vandalise

Except as provided under s 341, any person who, in any manner, threatens to vandalise any property commits a felony and is liable, on conviction, to imprisonment for five years.

 

341M.   Cognizable offences

Any person who commits an offence under this Division commits a cognizable offence.

 

341N.   Forfeiture

   (1) When any person is convicted of an offence under this Division, the Court shall, in addition to any penalty which may be imposed, order the forfeiture, without compensation of—

      (a)   any property which has passed in connection with the commission of the offence, or, if such property cannot be forfeited or cannot be found, any such sum as the Court shall assess as the value of the property; or

      (b)   any implement, tool, motor vehicle or other conveyance with which the offence was committed, or which was used in, or for the purpose of, or in relation to, or in connection with, the commission of the offence.

   (2) 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.

DIVISION VII
FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES

CHAPTER XXXV
DEFINITIONS

 

342.   Definition of forgery

Forgery is the making of a false document with intent to defraud or to deceive.

[S 342 am by Act 26 of 1940.]

 

343.   Definition of document

In this Division, “document” does not include a trade mark or any other sign used in connection with articles of commerce though they may be written or printed.

 

344.   Making a false document

Any person makes a false document who—

      (a)   makes a document purporting to be what in fact it is not;

      (b)   alters a document without authority in such a manner that if the alteration had been authorised it would have altered the effect of the document;

      (c)   introduces into a document without authority whilst it is being drawn up matter which if it had been authorised would have altered the effect of the document;

      (d)   signs a document—

      (i)   in the name of any person without his authority whether such name is or is not the same as that of the person signing;

      (ii)   in the name of any fictitious person alleged to exist, whether the fictitious person is or is not alleged to be of the same name as the person signing;

      (iii)   in the name represented as being the name of a different person from that of the person signing it and intended to be mistaken for the name of that person;

      (iv)   in the name of a person personated by the person signing the document, provided that the effect of the instrument depends upon the identity between the person signing the document and the person whom he professes to be.

 

344A.   Intent to deceive

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

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

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

and in consequence of having been so induced does or omits to do an act whether or not any injury or loss is thereby suffered by any person.

 

345.   Intent to defraud

An intent to defraud is presumed to exist if it appears that, at the time when the false document was made, there was in existence a specific person ascertained or unascertained capable of being defrauded thereby, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document.

CHAPTER XXXVI
PUNISHMENTS FOR FORGERY

 

346.   Definition of currency notes

In this Chapter, “currency notes” includes any notes (by whatever name called) which are legal tender in the country in which they are issued.

 

347.   General punishment for forgery

Any person who forges any document is guilty of an offence which, unless otherwise stated, is a felony and he is liable, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for three years.

 

348.   Forgeries punishable by imprisonment for life

Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker, is liable to imprisonment for life and the Court may in addition order that any such document as aforesaid shall be forfeited.

[S 348 am by SI 63 of 1964.]

 

349.   Forgery of judicial or official document

Any person who forges any judicial or official document is liable to imprisonment for seven years.

 

350.   Forgeries punishable by imprisonment for seven years

Any person who—

      (a)   forges any stamp, whether impressed or adhesive, used for the purpose of revenue or accounting by any Government department; or

      (b)   without lawful excuse, the proof whereof shall lie upon him, makes or has knowingly in his possession any die or instrument capable of making the impression of any such stamp; or

      (c)   fraudulently cuts, tears in any way, or removes from any material any stamp used for purposes of revenue or accounting by the Government, with intent that another use shall be made of such stamp or any part thereof; or

      (d)   fraudulently mutilates any such stamp as last aforesaid, with intent that another use shall be made of such stamp; or

      (e)   fraudulently fixes or places upon any material or upon any such stamp as last aforesaid any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn, or in any way removed from any other material or out of or from any other stamp; or

      (f)   fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date, or other matter or thing whatsoever written thereon with the intent that another use shall be made of the stamp upon such material; or

      (g)   knowingly and without lawful excuse, the proof whereof shall lie upon him, has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fradulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fradulently erased or otherwise really or apparently removed; is liable to imprisonment for seven years.

 

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

Any person who, without lawful authority or excuse, the proof whereof lies upon him—

      (a)   makes, uses, or knowingly has in his custody or possession any paper intended to resemble and pass as special paper such as is provided and used for making any currency note or bank note;

      (b)   makes, uses, or knowingly has in his custody or possession, any frame, mould or instrument for making such paper, or for producing in or on such paper any words, figures, letters, marks, lines or devices peculiar to and used in or on any such paper;

      (c)   engraves or in any wise makes upon any plate, wood, stone, or other material, any words, figures, letters, marks, lines or devices, the print whereof resembles in whole or in part any words, figures, letters, marks, lines or devices peculiar to and used in or on any bank note, or in or on any document entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of the Republic or of any foreign state, or in any stock, annuity, fund or debt of any body corporate, company or society, whether within or without the Republic;

      (d)   uses or knowingly has in his custody or possession any plate, wood, stone, or other material, upon which any such words, figures, letters, marks, lines, or devices have been engraved or in any wise made as aforesaid; or

      (e)   uses or knowingly has in his custody or possession, any paper upon which any such words, figures, letters, marks, lines or devices have been printed or in any wise made as aforesaid; is guilty of a felony and is liable to imprisonment for seven years.

[S 351 am by Act 48 of 1938; SI 63 of 1964.]

 

352.   Uttering false documents

Any person who knowingly and fraudulently utters a false document is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the thing in question.

 

353.   Uttering cancelled or exhausted documents

Any person who knowingly utters as and for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.

 

354.   Procuring execution of documents by false pretences

Any person who, by means of any false and fraudulent representations as to the nature, contents or operation of a document, procures another to sign or execute the document, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.

 

355.   Obliterating crossings on cheques

Any person who, with intent to defraud—

      (a)   obliterates, adds to, or alters the crossing on a cheque; or

      (b)   knowingly utters a crossed cheque, the crossing on which has been obliterated, added to, or altered; is guilty of a felony and is liable to imprisonment for seven years.

 

356.   Making documents without authority

Any person who, with intent to defraud or to deceive—

      (a)   without lawful authority or excuse, makes, signs, or executes, for or in the name or on account of another person, whether by procuration or otherwise, any document or writing; or

      (b)   knowingly utters any document or writing so made, signed, or executed by another person; is guilty of a felony and is liable to imprisonment for seven years.

[S 356 am by Act 26 of 1940.]

 

357.   Demanding property upon forged testamentary instrument

Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document or thing by virtue whereof he procures the delivery or payment.

 

358.   Purchasing forged notes

Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, is guilty of a felony and is liable to imprisonment for seven years.

 

359.   Falsifying warrants for money payable under public authority

Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of a felony and is liable to imprisonment for seven years.

 

360.   Falsification of register

Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which in any material particular is to his knowledge false, to be made in the register or record, is guilty of a felony and is liable to imprisonment for seven years.

 

361.   Sending false certificate of marriage to registrar

Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of a felony and is liable to imprisonment for seven years.

 

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

Any person who, knowingly and with intent to procure the same to be inserted in a register of births, deaths, or marriages, mato any false statement touching any matter required by law to be registered in any such register, is guilty of a felony and is liable to imprisonment for three years.

CHAPTER XXXVII
OFFENCES RELATING TO COIN

 

363.   Definitions of counterfeit coin and current coin

In this Chapter—

“counterfeit coin” means coin not genuine but resembling or apparently intended to resemble or pass for genuine current coin; and includes genuine current coin prepared or altered so as to pass for current coin of a higher denomination;

“current”, applied to any coin, includes any coin coined in Zambia or lawfully current in Zambia or any coin lawfully current in any foreign country.

[S 363 am by Act 48 of 1938; SI 63 of 1964.]

 

364.   Counterfeiting coin

Any person who makes or begins to make any counterfeit coin is guilty of a felony and is liable to imprisonment for life.

[S 364 am by Act 48 of 1938.]

 

365.   Preparations for coining

Any person who—

      (a)   gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin; or

      (b)   makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit coin, with intent that such counterfeit coin shall be made from it; or

      (c)   without lawful authority or excuse, the proof of which lies on him—

      (i)   buys, sells, receives, pays, or disposes of any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing; or

      (ii)   brings or receives into Zambia any counterfeit coin, knowing it to be counterfeit; or

      (iii)   makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any part of either side thereof, knowing the same to be a stamp or mould or to be so adapted; or

      (iv)   makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any tool, instrument or machine which is adapted and intended to be used for marking coin round the edges with marks or figures apparently resembling those on the edges of any coin, knowing the same to be so adapted and intended; or

      (v)   makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of any press for coinage, or any tool, instrument, or machine which is adapted for cutting round blanks out of gold, silver, or other metal, knowing such press, tool, instrument, or machine to have been used or to be intended to be used for making any counterfeit coin; is guilty of a felony and is liable to imprisonment for life.

[S 365 am by Act 48 of 1938.]

 

366.   Clipping

Any person who deals with any current coin in such a manner as to diminish its weight, with intent that when so dealt with it may pass as current coin is guilty of a felony and is liable to imprisonment for seven years.

[S 366 am by Act 48 of 1938.]

 

367.   Melting down of currency

Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark, or uses otherwise than as currency, any silver coin current for the time being in Zambia, is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding three thousand penalty units, or to both.

[S 367 am by Act 26 of 1940, 13 of 1994.]

 

368.   Possession of clippings

Any person who unlawfully has in his possession, or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with current gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of a felony and is liable to imprisonment for seven years.

 

369.   Uttering counterfeit coin

Any person who utters any counterfeit coin, knowing it to be counterfeit, is guilty of a misdemeanour.

[S 369 am by Act 48 of 1938.]

 

370.   Repeated uttering

Any person who—

      (a)   utters any counterfeit coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit coin; or

      (b)   utters any counterfeit coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit coin, knowing it to be counterfeit; or

      (c)   has in his possession three or more pieces of counterfeit coin, knowing them to be counterfeit, and with intent to utter any of them; is guilty of a felony and is liable to imprisonment for three years.

[S 370 am by Act 48 of 1938.]

 

371.   Uttering foreign coin or metal as current coin

Any person who, with intent to defraud, utters as and for current coin—

      (a)   any coin which is not such current coin; or

      (b)   any medal or piece of metal, whether a coin or not, which is of less value than the current coin as and for which it is uttered; is guilty of a misdemeanour and is liable to imprisonment for one year.

[S 371 am by Act 48 of 1938.]

 

372.   Exporting counterfeit coin

Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board of a vessel or vehicle of any kind for the purpose of being exported from Zambia, any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a felony and is liable to imprisonment for fourteen years.

[S 372 am by Act 48 of 1938.]

 

373.   Forfeiture

When any person is convicted of an offence under this Chapter, or Chapter XXXVI, the Court shall order the forfeiture of any forged bank note or currency note or of any counterfeit coin, or any stamp, mould, tool, instrument, machine, press, or any coin, bullion or metal used or employed in the commission of any such offence.

[S 373 am by Act 48 of 1938; SI 63 of 1964.]

CHAPTER XXXVIII
COUNTERFEIT STAMPS

 

374.   Possession of die used for purpose of making stamps

Any person who, without lawful authority or excuse, the proof of which lies on him—

      (a)   makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his possession, or disposes of any die, plate, or instrument capable of making an impression resembling that made by any die, plate or instrument used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue or of the postal administration in Zambia, or in any foreign country, or capable of producing in or on paper any words, figures, letters, marks or lines resembling any words, figures, letters, marks, or lines used in or on any paper specially provided by the proper authority for any such purpose; or

      (b)   knowingly has in his possession or disposes of any paper or other material which has on it the impression of any such die, plate, or instrument, or any paper which has on it or in it any such words, figures, letters, marks or lines as aforesaid; or

      (c)   fraudulently, and with intent that use may be made of any such stamp as aforesaid, or of any part of it, removes the stamp from any material in any way whatever; or

      (d)   fraudulently, and with intent that use may be made of any part of such stamp, mutilates the stamp; or

      (e)   fraudulently fixes or places upon any material or upon any such stamp, any stamp or part of a stamp which has been in any way removed from any other material, or out of or from any other stamp; or

      (f)   fraudulently, and with intent that use may be made of any such stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, from such material anything whatever written on it; or

      (g)   knowingly has in his possession or disposes of anything ob-tained or prepared by any such unlawful act as aforesaid; or

      (h)   fraudulently or with intent to cause loss to the public revenue, uses for any purpose a stamp issued by Government for the purposes of revenue which he knows to have been previously used;

is guilty of a felony and is liable to imprisonment for seven years, and any die, plate, instrument, paper or other thing as aforesaid which is found in his possession shall be forfeited.

[S 374 am by Act 26 of 1940; GN 303 of 1964; SI 63 of 1964.]

 

375.   Paper and dies for postage stamps

   (1) Any person who, without lawful authority or excuse, the proof of which lies on him—

      (a)   makes, or begins or prepares to make, or uses for any postal purpose, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of the Republic, or of any foreign country; or

      (b)   makes or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of any die, plate, instrument, or material for making any such imitation or representation;

is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of one thousand and five hundred penalty units, and any stamps and any other such things as aforesaid, which are found in his possession, shall be forfeited.

   (2) For the purposes of this section, a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown.

[S 375 am by SI 63 of 1964; Act 13 of 1994.]

CHAPTER XXXIX
COUNTERFEITING TRADE MARKS

 

376.   Definition of trade mark

A trade mark is—

      (a)   a mark lawfully used by any person to denote any chattel to be an article or thing of the manufacture, workmanship, production, or merchandise of such person or to be an article or thing of any peculiar or particular description made or sold by such person;

      (b)   any mark or sign which in pursuance of any written law in force for the time being relating to registered designs is to be put or placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under the provision of such law.

 

377.   Counterfeiting trade marks a misdemeanour

   (1) Any person who does any of the following things with intent to defraud or to enable another to defraud any person, that is to say:

      (a)   forges or counterfeits any trade mark;

      (b)   applies any trade mark or any forged or counterfeited trade mark to any chattel or article not being the merchandise of any person whose trade mark is so forged or counterfeited;

      (c)   applies any trade mark or any forged or counterfeited trade mark to any chattel or article not being the particular or peculiar description of merchandise denoted or intended to be denoted by such trade mark or by such forged or counterfeited trade mark;

      (d)   applies any trade mark or any forged or counterfeited trade mark to any thing intended for any purpose of trade or manufacture, or in, on, or with which any chattel or article is intended to be sold, or is sold or offered or exposed for sale;

      (e)   encloses or places any chattel or article in, upon, under, or with anything to which any trade mark has been falsely applied, or to which any forged or counterfeit trade mark has been applied;

      (f)   applies or attaches any chattel or article to any case, cover, reel, ticket, label, or other thing to which any trade mark has been falsely applied, or to which any false or counterfeit trade mark has been applied;

      (g)   encloses, places, or attaches any chattel or article in, upon, under, with, or to any thing having thereon any trade mark of any other person; is guilty of a misdemeanour.

   (2) Every person committing any such misdemeanour as mentioned in sub-section (1) shall forfeit—

      (a)   all chattels and articles to which any such trade mark or counterfeit trade mark is applied or caused or procured to be applied;

      (b)   every instrument for applying any such trade mark or counterfeit trade mark in his possession or power;

      (c)   the chattels and articles and the things mentioned in paragraphs (d), (e) and (g) of sub-section (1), and all similar things made to be used in like manner in his possession or power.

[S 377 am by SI 63 of 1964.]

CHAPTER XL
PERSONATION

 

378.   Personation in general

   (1) Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of a misdemeanour.

   (2) If the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the offence to obtain such property or possession thereof, he is liable to imprisonment for seven years.

 

379.   Falsely acknowledging deeds, recognizances, etc.

Any person who, without lawful authority or excuse, the proof of which lies on him, makes in the name of any other person, before any Court or person lawfully authorised to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, is guilty of a misdemeanour.

 

380.   Personation of person named in certificate

Any person who utters any document which has been issued by lawful authority to another person, and whereby that other person is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.

 

381.   Lending, etc., certificate for personation

Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives, or lends the document to another person with intent that that other may represent himself to be the person named therein, is guilty of a misdemeanour.

 

382.   Personation of person named in testimonial of character

Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, is guilty of a misdemeanour and is liable to imprisonment for one year.

 

383.   Lending, etc., testimonial for personation

Any person who, being a person to whom any such document as is mentioned in the last preceding section has been given, gives, sells, or lends such document to another person with the intent that that other person may utter such document for the purpose of obtaining any employment, is guilty of a misdemeanour.

DIVISION VIII

CHAPTER XLI

 

384.   …

[S 384 rep by Act 14 of 1980.]

 

385.   …

[S 385 rep by Act 14 of 1980.]

 

386.   …

[S 386 rep by Act 14 of 1980.]

 

387.   …

[S 387 rep by Act 14 of 1980.]

 

388.   …

[S 388 rep by Act 14 of 1980.]

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

CHAPTER XLII
ATTEMPTS

 

389.   Definition of attempt

   (1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is deemed to attempt to commit the offence.

   (2) It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention.

   (3) It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.

 

390.   Attempts to commit offences

Any person who attempts to commit a felony or misdemeanour is guilty of an offence which, unless otherwise stated, is a misdemeanour.

 

391.   Punishment of attempts to commit certain felonies

Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of fourteen years or upwards, with or without other punishment, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years.

 

392.   Attempts to procure commission of criminal acts

   (1) Any person who attempts to procure another to do an act or make an omission of such a nature that if he himself were to do the act or make the omission he would be guilty of an offence, is himself to be deemed guilty of attempting to commit such offence and to be punishable accordingly.

   (2) Any person who, while in Zambia, attempts to procure another to do an act or make an omission at a place not in Zambia of such a nature—

      (a)   that if he were himself to do the act or make the omission in Zambia he would be guilty of an offence; and

      (b)   that if he were himself to do the act or make the omission at the place where the act or omission is proposed to be done or made he would himself be guilty of an offence under the laws in force at that place; is guilty of an offence of the same kind and is liable to the same punishment as if he were himself to attempt to do the same act or make the same omission in Zambia.

 

393.   Neglect to prevent commission of a felony

Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour.

CHAPTER XLIII
CONSPIRACIES

 

394.   Conspiracy to commit felony

Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Zambia would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.

 

395.   Conspiracy to commit misdemeanour

Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Zambia would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour.

 

396.   Other conspiracies

Any person who conspires with another to effect any of the purposes following, that is to say:

      (a)   to prevent or defeat the execution or enforcement of any Act, Statute, or Order; or

      (b)   to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; or

      (c)   to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value; or

      (d)   to injure any person in his trade or profession; or

      (e)   to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession, or occupation; or

      (f)   to effect any unlawful purpose; or

      (g)   to effect any lawful purpose by any unlawful means; is guilty of a misdemeanour:

Provided that an agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute, as defined in the Industrial and Labour Relations Act, shall not be punishable under the provisions of this section if such act committed by one person would not be punishable as a crime.

[S 396 am by Act 1 of 1952, 7 of 1958.]

CHAPTER XLIV
ACCESSORIES AFTER THE FACT

 

397.   Definition of accessories after the fact

   (1) Any person who receives or assists another who is, to his knowledge, guilty of an offence, in order to enable him to escape punishment, is said to become an accessory after the fact to the offence.

   (2) A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting, in her husband’s presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.

 

398.   Punishment of accessories after the fact to felonies

Any person who becomes an accessory after the fact to a felony is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for three years.

 

399.   Punishment of accessories after the fact to misdemeanours

Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour.

FIRST SCHEDULE

[Rep by s 7 of Act 10 of 2003.]

SECOND SCHEDULE

[Section 33]

PARTICULARS OF NON CITIZEN CONVICTED OF OFFENCES

1. Full name of the accused

2. Postal address

3. Residential address

4. Sex

5. Date and place of birth

6. Father’s full name

7. Date of first entry into Zambia

8. Duration of stay in Zambia

9. Occupation in Zambia

10. Offence for which accused was charged and convicted

11. Term of Imprisonment

12. Date on which accused commenced serving imprisonment

13. Previous Conviction (if any)

14. Offence for which previously convicted

15. Sentence for the previous conviction

16. Race or declared national status

17. Name of the country of which he is a citizen

18. Passport Number (if any)

19. Date and place of issue

20. Dated at .......................... this ............................... day of .............................. 20.......

 
 

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