Criminal Procedure Code Act

ZambiaAct of Parliament

The Criminal Procedure Code Act is an Act of the Parliament of Zambia. It contains 401 sections. Read its sections below, or ask Levy any question about the Criminal Procedure Code Act and get an answer grounded in the Act with citations.

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Sections of the Criminal Procedure Code Act

S. 1S hort title
S. 2I nterpretati on
S. 3T rial of offences under Penal Code and other written laws
S. 4O ffences under Penal Code
S. 5O ffences under other written laws
S. 6S entences which High Court may pass
S. 7P owers of subordinate courts
S. 8R econciliati on
S. 9S entences requiring confirmati on
S. 10P ower of High Court to order preliminary inquiry
S. 11C ases to be tried only by High Court
S. 12C ombinati on of sentences or orders
S. 13R elease on bail pending confirmati on or other order
S. 14C orporal punishment-detenti on pending punishment
S. 15S entences in case of convicti on f or several offences at one trial
S. 16P ower of courts to suspend sentence
S. 17M edical examinati on of accused persons
S. 18A rrest, how made
S. 19S earch of place entered by pers on sought to be arrested
S. 20P ower to break out of any house f or purposes of liberati on
S. 21N o unnecessary restraint
S. 22S earch of arrested persons
S. 23P ower of police officer to deta in and search vehicles and persons in certa in
S. 24M ode of searching women
S. 25P ower to seize offensive weapons
S. 26A rrest by police officer without warrant
S. 27A rrest of vagabonds, habitual robbers, etc.
S. 28P rocedure when police officer deputes subordinate to arrest without warrant
S. 29R efusal to give name and residence
S. 30D isposal of persons arrested by police officer
S. 31A rrest by private persons
S. 32D isposal of persons arrested by private pers on
S. 33D etenti on of persons arrested without warrant
S. 34P olice to report apprehensions
S. 35O ffence committed in magistrate's presence
S. 36A rrest by magistrate
S. 37R ecapture of pers on escaping
S. 38P rovisions of sections 19 and 20 to apply to arrests under secti on 37
S. 39D uty to assist magistrate, etc.
S. 40P ower of magistrate of subordinate court of the first or second class
S. 41S ecurity f or good behaviour from persons disseminating seditious matters
S. 42P owers of other magistrates
S. 43S ecurity f or good behaviour from suspected persons
S. 44S ecurity f or good behaviour from habitual offenders
S. 45O rder to be made
S. 46P rocedure in respect of pers on present in court
S. 47S ummons or warrant in case of pers on not so present
S. 48C opy of order under secti on 45 to accomp any summons or warrant
S. 49P ower to dispense with personal attendance
S. 50(1) When an order under secti on forty-five h as been read or explained under Inquiry as to truth of
S. 51(1) If, up on such inquiry, it is proved th at it is necessary f or keeping the peace Order to give security
S. 52If, on an inquiry under secti on fifty, it is not proved th at it is necessary f or Discharge of pers on
S. 53(1) If any pers on in respect of whom an order requiring security is made under Commencement of
S. 54The bond to be executed by any such pers on sh all bind him to keep the peace Contents of bond
S. 55A magistrate may refuse to accept any surety offered under any of the Power to reject
S. 56(1) If any pers on ordered to give security as aforesaid does not give such Procedure on failure of
S. 57Whenever a magistrate empowered to hold a subordinate court of the first or Power to release
S. 58The High Court may, at any time, f or sufficient reasons to be recorded in Power of High Court to
S. 59(1) Any surety f or the peaceable conduct or good behaviour of an other pers on Discharge of sureties
S. 60(1) If the conditions of any bond be not complied with, the court may endorse Forfeiture
S. 61Every police officer may interpose f or the purpose of preventing, and sh all, to Police to prevent
S. 62Every police officer receiving informati on of a design to commit any cognizable Informati on of design
S. 63A police officer knowing of a design to commit any cognizable offence may Arrest to prevent such
S. 64A police officer may, of h is own authority, interpose to prevent any injury Preventi on of injury to
S. 65G eneral authority of courts of Zambia
S. 66A ccused pers on to be sent to district where offence committed
S. 67R emoval of accused pers on under warrant
S. 68M ode of trial before High Court
S. 69O rdinary place of inquiry and trial
S. 70T rial at place where act done or where consequence of offence ensues
S. 71T rial where offence is connected with an other offence
S. 72T rial where place of offence is uncerta in
S. 73O ffence near boundary of district or on or near railway
S. 74O ffence committed on a journey
S. 75H igh Court to decide in cases of doubt
S. 76C ourt to be open
S. 77T ransfer of case where offence committed outside jurisdicti on
S. 78T ransfer of cases between magistrates
S. 79P rocedure when, after commencement of inquiry or trial, magistrate finds case
S. 80P ower of High Court to change venue
S. 81P ower of Direct or of Public Prosecutions to enter nolle prosequi
S. 82D elegati on of powers by Direct or of Public Prosecutions
S. 83C riminal informations by Direct or of Public Prosecutions
S. 84S ignature of Direct or of Public Prosecutions to be evidence
S. 85A rrest of persons f or offences requiring the consent of the Direct or of Public
S. 86P ower to appoint public prosecutors
S. 87P owers of public prosecutors
S. 88W ithdrawal from prosecuti on in trials before subordinate courts
S. 89P ermissi on to conduct prosecuti on
S. 90I nstituti on of proceedings
S. 91I ssue of summons or warrant
S. 92F orm and contents of summons
S. 93(1) Every summons sh all be served by a police officer, or by an officer of the Services of summons
S. 94Where the pers on summoned can not, by the exercise of due diligence, be Service when pers on
S. 95If service, in the manner provided by the two last preceding sections, can not, Procedure when
S. 96Service of a summons on an incorporated comp any or other body corporate Service on comp any
S. 97When a court desires th at a summons issued by it sh all be served at any place Service outside local
S. 98(1) Where the officer who h as served a summons is not present at the hearing Pro of of service when
S. 99(1) Whenever a summons is issued in respect of any offence other th an a Power to dispense
S. 100Nothwithstanding the issue of a summons, a warrant may be issued at any Warrant after issue of
S. 101If the accused does not appear at the time and place appointed in and by the Summons disobeyed
S. 102(1) Every warrant of arrest sh all be under the h and of the Judge or magistrate Form, contents and
S. 103(1) Any court issuing a warrant f or the arrest of any pers on, in respect of any Court may direct
S. 104(1) A warrant of arrest may be directed to one or more police officers, or to Warrants to whom
S. 105(1) A magistrate empowered to hold a subordinate court of the first or second Order f or assistance
S. 106A warrant directed to any police officer may also be executed by any other Executi on of warrant
S. 107The police officer or other pers on executing a warrant of arrest sh all notify the Notificati on of
S. 108The police officer or other pers on executing a warrant of arrest sh all (subject Pers on arrested to be
S. 109A warrant of arrest may be executed at any place in Zambia. Where warrant of
S. 110(1) When a warrant of arrest is to be executed outside the local lim its of the Forwarding of warrants
S. 111(1) When a warrant of arrest directed to a police officer is to be executed Procedure in case of
S. 112(1) When a warrant of arrest is executed outside the local lim its of the Procedure on arrest of
S. 113Any irregularity or defect in the substance or form of a warrant, and any Irregularities in warrant
S. 114Where any pers on f or whose appearance or arrest the magistrate presiding in Power to take bond f or
S. 115When any pers on who is bound by any bond taken under th is Code to appear Arrest f or br each of
S. 116(1) Where any pers on f or whose appearance or arrest a court is empowered to Power of court to order
S. 117The provisions contained in th is Part relating to a summons and warrant, and Provisions of th is Part
S. 118Where it is proved on oath to a magistrate th at, in fact or according to Power to issue search
S. 119Every search warrant may be issued and executed on a Sunday, and sh all be Executi on of search
S. 120(1) Whenever any building or other place liable to search is closed, any pers on Persons in charge of
S. 121(1) When any article is seized and brought before a court, it may be detained Detenti on of property
S. 122The provisions of secti on one hundred and two (1) and (3), one hundred and Provisions applicable
S. 123(1) When any pers on is arrested or detained, or appears before or is brought Bail
S. 124In additi on to the conditi on mentioned in subsecti on (2) of secti on one Additional conditions
S. 125(1) As so on as a bail bond h as been executed, the pers on f or whose Release from custody
S. 126(1) The amount of bail sh all, in every case, be fixed with due regard to the Amount of bail, and
S. 127If, through mistake, fraud or otherwise, insufficient sureties have been Power to order
S. 128(1) All or any of the sureties f or the appearance and attendance of a pers on Discharge of sureties
S. 129Where a surety to a bail bond dies before the bond is forfeited, h is estate Death of surety
S. 130If it is made to appear to any court, by informati on on oath, th at any pers on Persons bound by
S. 131(1) Whenever any pers on sh all not appear at the time and place mentioned in Forfeiture of
S. 132All orders passed under the last preceding secti on by any magistrate sh all be Appeal from and
S. 133The High Court may direct any magistrate to levy the amount due on a Power to direct levy of
S. 134Every charge or informati on sh all conta in, and sh all be sufficient if it contains, Offence to be
S. 135(1) Any offences, whether felonies or misdemeanours, may be charged Joinder of counts in a
S. 136The following persons may be joined in one charge or informati on and may be Joinder of two or more
S. 137The following provisions sh all apply to all charges and informations and, Mode in which
S. 138A pers on who h as been once tried by a court of competent jurisdicti on f or an Persons convicted or
S. 139A pers on convicted or acquitted of any offence may be afterwards tried f or Pers on may be tried
S. 140A pers on convicted or acquitted of any act causing consequences which, Consequences
S. 141A pers on convicted or acquitted of any offence constituted by any acts may, Where original court
S. 142(1) In any inquiry, trial or other proceeding under th is Code, a previous Previous convicti on,
S. 143If it is made to appear th at material evidence c an be given by, or is in the Summons f or witness
S. 144If, without sufficient excuse, a witness does not appear in obedience to the Warrant f or witness
S. 145If the court is satisfied th at any pers on will not attend as a witness unless Warrant f or witness in
S. 146When any witness is arrested under a warrant, the court may, on h is Mode of dealing with
S. 147(1) Any court, desirous of examining as a witness, in any case pending before Power of court to order
S. 148(1) Any pers on summoned to attend as a witness who, without lawful excuse, Penalty f or
S. 149Where the pers on charged is called by the defence as a witness to the facts Procedure where
S. 150(1) Whenever any pers on, appearing either in obedience to a summons or by Refractory witnesses
S. 151(1) In any inquiry or trial, the wife or husb and of the pers on charged sh all be a Cases where wife or
S. 152(1) Whenever, in the course of any inquiry, trial or other proceeding under th is Issue of commissi on
S. 153(1) The parties to any proceeding under th is Code in which a commissi on is Parties may examine
S. 154Whenever, in the course of any inquiry, trial or other proceeding under th is Power of magistrate to
S. 155After any commissi on issued under secti on one hundred and fifty-two or one Return of commissi on
S. 156In every case in which a commissi on is issued under secti on one hundred and Adjournment of inquiry
S. 157Every pers on charged with an offence, and the wife or husb and, as the case Competency of
S. 158Where the pers on charged is called by the defence as a witness to the facts pers on charged is
S. 159In cases where the right of reply depends up on the questi on whether Right of reply
S. 160Where on the trial of a pers on charged with an offence punishable by death or Questi on whether
S. 161Where a court, in accordance with the provisions of secti on one hundred and Procedure where
S. 162(1) Where an order f or the detenti on of an accused during the President's Procedure following
S. 163(1) Where under th is Code any pers on is ordered to be detained during the Detenti on during
S. 164(1) The President may at any time by order discharge from detenti on any Discharge of persons
S. 165(1) If on the advice of a medical officer the President, having regard to the Resumpti on of trial
S. 166The questi on whether- Preliminary inquiries
S. 167(1) Where an act or omissi on is charged against any pers on as an offence, Defence of insanity at
S. 168(1) The judgment in every trial in a subordinate court sh all be pronounced, or Mode of delivering
S. 169(1) The judgment in every trial in any court sh all, except as otherwise Contents of judgment
S. 170On the applicati on of the accused pers on, a copy of the judgment, or, when Copy of judgment,
S. 171(1) The court before which any pers on employed in the public service is Entry of judgment
S. 172(1) It sh all be lawful f or a Judge or a magistrate to order any pers on convicted Costs against accused
S. 173An appeal sh all lie from any order of a subordinate court awarding costs, Order to pay costs
S. 174If, on the dismissal of any case, any court sh all be of opini on th at the charge Compensati on in case
S. 175(1) When an accused pers on is convicted by any court of any offence not Power of court to order
S. 176The sums allowed f or costs or compensati on sh all, in all cases, be specified Costs and
S. 177(1) Whenever any court imposes a fine, or confirms on appeal, revisi on or Power of court to
S. 178Where, in a charge of stealing, dishonest receiving or fraudulent conversi on, Wrongful conversi on
S. 179Where, up on the apprehensi on of a pers on charged with an offence, any Property found on
S. 180(1) If any pers on guilty of any offence as is mentioned in Chapters XXVI to Stolen property.
S. 181(1) When a pers on is charged with an offence consisting of several particulars, When offence proved
S. 182When a pers on is charged with an offence, he may be convicted of having Pers on charged with
S. 183(1) Where a pers on is charged with treas on and the facts proved in evidence Pers on charged with
S. 184(1) When a wom an is charged with the murder of her child, being a child under Alternative verdicts in
S. 185When a pers on is charged with manslaughter in connecti on with the driving of Pers on charged with
S. 186(1) When a pers on is charged with rape and the court is of opini on th at he is Alternative verdicts in
S. 187When a pers on is charged with an offence under one of sections three Pers on charged with
S. 188(1) When a pers on is charged with stealing anything and- Alternative verdicts in
S. 189The provisions of sections one hundred and eighty-one to one hundred and Constructi on of
S. 190If, on any trial f or misdemeanour, the facts proved in evidence amount to a Pers on charged with
S. 191E vidence to be taken in presence of accused
S. 192E vidence of analyst
S. 193E vidence of photographic process
S. 194E vidence of plans, theft of postal matters and goods in transit on railways
S. 195I nterpretati on of evidence to accused or h is advocate
S. 196R emarks respecting demeanour of witness
S. 197T rials in subordinate courts
S. 198T rials with assessors
S. 199N on-appearance of complainant at hearing
S. 200A ppearance of both parties
S. 201W ithdrawal of complaint
S. 202A djournment
S. 203N on-appearance of parties after adjournment
S. 204A ccused to be called up on to plead
S. 205P rocedure on plea of "not guilty"
S. 206A cquittal
S. 207T he defence
S. 208D efence
S. 209P rocedure where defence calls no witnesses other th an accused
S. 210E vidence in reply
S. 211P rosecut or's reply
S. 212W here the accused pers on does not give evidence or make unsworn statement
S. 213V ariance between charge and evidence and amendment of charge
S. 214T he decisi on
S. 215D rawing up of convicti on or order
S. 216O rder of acquittal bar to further proceedings
S. 217C ommittal to High Court f or sentence
S. 218P rocedure on committal f or sentence
S. 219L imitati on of time f or summary trials in certa in cases
S. 220P rocedure in case of offence unsuitable f or summary trial
S. 221P ayment by accused persons of fines which may be imposed f or min or
S. 222P ower to commit f or trial
S. 223C ourt to hold preliminary inquiry
S. 224D epositions
S. 225H ow certa in documents proved
S. 226V ariance between evidence and charge
S. 227R em and
S. 228P rovisions as to taking statement or evidence of accused pers on
S. 229E vidence and address in defence
S. 230D ischarge of accused pers on
S. 231C ommittal f or trial
S. 232S ummary adjudicati on
S. 233C omplaint and witnesses to be bound over
S. 234R efusal to be bound over
S. 235A ccused pers on entitled to copy of depositions
S. 236B inding over of witnesses conditionally
S. 237T aking the depositions of persons dangerously ill
S. 238N otices to be given
S. 239T ransmissi on of statement
S. 240U se of statement in evidence
S. 241T ransmissi on of records to High Court and Direct or of Public Prosecutions
S. 242P ower of Direct or of Public Prosecutions to direct further investigati on
S. 243P owers of Direct or of Public Prosecutions as to additional witnesses
S. 244R eturn of depositions with a view to summary trial
S. 245F iling of informati on
S. 246T ime in which informati on to be filed
S. 247N otice of trial
S. 248C opy of informati on and notice of trial to be served
S. 249R eturn of service
S. 250P ostponement of trial
S. 251I nformations by Direct or of Public Prosecutions
S. 252F orm of informati on
S. 253I nterpretati on
S. 254C ertifying of case as a summary procedure case
S. 255N o preliminary inquiry in summary procedure case
S. 256R ecord to be forwarded
S. 257F iling of an informati on
S. 258S tatements, etc., to be supplied to the accused
S. 259A ffidavit of medical witness may be read as evidence
S. 260P ractice of High Court in its criminal jurisdicti on
S. 261T rials before High Court
S. 262P reparati on of list of assessors
S. 263L iability to serve
S. 264E xemptions
S. 265P ublicati on of list
S. 266R evisi on of list
S. 267S ummoning assessors
S. 268F orm of summons
S. 269E xcuses
S. 270L ist of assessors attending
S. 271P enalty f or n on-attendance of assess or
S. 272P leading to informati on
S. 273O rders f or amendment of informati on, separate trial, and postponement of trial
S. 274Q uashing of informati on
S. 275P rocedure in case of previous convictions
S. 276P lea of "not guilty"
S. 277P lea of autrefo is acquit and autrefo is convict
S. 278R efusal to plead
S. 279P lea of "guilty"
S. 280P roceedings after plea of "not guilty"
S. 281P ower to postpone or adjourn proceedings
S. 282S electi on of assessors
S. 283A bsence of an assess or
S. 284A ssessors to attend at adjourned sittings
S. 285O pening of case f or prosecuti on
S. 286A dditional witnesses f or prosecuti on
S. 287C ross-examinati on of witnesses f or prosecuti on
S. 288D epositions may be read as evidence in certa in cases
S. 289D epositi on of medical witness may be read as evidence
S. 290S tatement or evidence of accused
S. 291C lose of case f or prosecuti on
S. 292Unless the only witness to the facts of the case called by the defence is the The defence
S. 293The accused pers on sh all be allowed to examine any witness not previously Additional witnesses
S. 294If the accused pers on adduces evidence in h is defence introducing new Evidence in reply
S. 295If the accused pers on, or any one of several accused persons, adduces any Prosecut or's reply
S. 296If the accused pers on says th at he does not me an to give or adduce Where accused
S. 297(1) When the case on both sides is closed, the Judge may sum up the Delivery of opinions by
S. 298(1) The accused pers on may, at any time before sentence, whether on h is Moti on in arrest of
S. 299If no moti on in arrest of judgment is made, or if the court decides against the Sentence
S. 300The court before which any pers on is tried f or an offence may reserve the Power to reserve
S. 301No judgment sh all be stayed or reversed on the ground of any objecti on Objections cured by
S. 302The court may, before passing sentence, receive such evidence as it thinks Evidence f or arriving
S. 303S entence of death
S. 304A uthority f or detenti on
S. 305R ecord and report to be sent to President
S. 306P rocedure where wom an convicted of capital offence alleges she is pregnant
S. 307W arrant in case of sentence of imprisonment
S. 308W arrant f or levy of fine, etc.
S. 309O bjections to attachment
S. 310S uspensi on of executi on of sentence of imprisonment in default of fine
S. 311C ommitment f or want of distress
S. 312C ommitment in lieu of distress
S. 313P ayment in full after commitment
S. 314P art payment after commitment
S. 315W ho may issue warrant
S. 316L imitati on of imprisonment
S. 317P ers on twice convicted may be subjected to police supervisi on
S. 318R equirements from persons subject to police supervisi on
S. 319F ailure to comply with requirements under secti on 318
S. 320E rrors and omissions in orders and warrants
S. 321A ppeals
S. 322L imitati on
S. 323P rocedure preliminary to appeal
S. 324P rocedure f or applicati on to appeal out of time
S. 325P rocedure on appeal
S. 326N otice of time and place of hearing
S. 327P owers of appellate court
S. 328P ronouncement of decisi on of the High Court sitting as an appellate court
S. 329O rder of appellate court to be certified
S. 330P ostponement of corporal punishment
S. 331S uspensi on of orders on convicti on
S. 332A dmissi on to bail or suspensi on of sentence pending appeal
S. 333F urther evidence
S. 334A ppeals to be heard by one Judge unless the Chief Justice otherwise directs
S. 335A batement of appeals
S. 336B ail in cases of appeals to Supreme Court
S. 337P ower of High Court to c all f or records
S. 338P owers of High Court on revisi on
S. 339D iscreti on of High Court as to hearing parties
S. 340O rder to be certified to lower court
S. 341C ase stated by subordinate court
S. 342R ecognizance to be taken and fees paid
S. 343S ubordinate court may refuse case when it thinks applicati on frivolous
S. 344P rocedure on refusal of subordinate court to state case
S. 345C onstituti on of court hearing case stated
S. 346H igh Court to determine questions on case
S. 347C ase may be sent back f or amendment or rehearing
S. 348P owers of subordinate court after decisi on of High Court
S. 349A ppellant may not proceed both by case stated and by appeal
S. 350C ontents of case stated
S. 351H igh Court may enlarge time
S. 352P roceedings in wrong place
S. 353F inding or sentence when not reversible
S. 354D istress not illegal n or distrainer a trespasser f or defect or want of form in
S. 355D isposal of exhib its
S. 356C orporations
S. 357P rescribed fees
S. 358P rescribed forms
S. 359R ules
S. 360N on-applicati on
S. 361S ending false certificate of D it to. Dit to.
S. 362M aking false statement f or D it to. Imprisonment f or three
S. 364C ounterfeiting co in. M ay arrest without I mprisonment f or life.
S. 365M aking preparations f or Dit to. Dit to.
S. 366C lipping current co in. D it to. Imprisonment f or seven
S. 367M elting down of currency. D it to. Imprisonment f or six
S. 368B eing in possessi on of Dit to. Imprisonment f or seven
S. 369U ttering counterfeit co in. D it to. Imprisonment f or two
S. 370R epeated uttering of Dit to. Imprisonment f or three
S. 371U ttering foreign co in or D it to. Imprisonment f or one
S. 372E xporting counterfeit co in. D it to. Imprisonment f or
S. 374B eing in possessi on etc., of, May arrest without I mprisonment f or seven
S. 375B eing in possessi on, etc., Dit to. Imprisonment f or one
S. 377C ounterfeiting, etc., trade S h all not arrest without I mprisonment f or two
S. 378P ersonati on in general. M ay arrest without I mprisonment f or two
S. 379F alsely acknowledging D it to. Imprisonment f or two
S. 380P ersonati on of a pers on D it to. Same punishment as f or
S. 381L ending, etc., certificate D it to. Imprisonment f or two
S. 382P ersonati on of pers on D it to. Imprisonment f or one
S. 383L ending, etc., testimonial Dit to. Imprisonment f or two
S. 390A ttempt to commit a According as to whether I mprisonment f or two
S. 391A ttempt to commit a May arrest without I mprisonment f or seven
S. 392A ttempts to procure M ay arrest without S ame punishment as f or
S. 393N eglecting to prevent Sh all not arrest without I mprisonment f or two
S. 394C onspiracy to commit a May arrest without I mprisonment f or seven
S. 395C onspiracy to commit a According as to whether I mprisonment f or two
S. 396C onspiracy to effect S h all not arrest without D it to.
S. 398B eing an accessory M ay arrest without I mprisonment f or three
S. 399B eing an accessory after Sh all not arrest without I mprisonment f or two
S. IPRELIMINARYPART I
S. IIPOWERS OF COURTSPART II
S. IIIGENERAL PROVISIONSPART III
S. IVPROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONSPART IV
S. IXPROCEDURE IN TRIALS BEFORE THE HIGH COURTPART IX
S. VMODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND
S. VIPROCEDURE IN TRIALS BEFORE SUBORDINATE COURTSPART VI
S. VIIPROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS
S. VIIISUMMARY COMMITTAL PROCEDURE FOR TRIAL OF PART VIII
S. XSENTENCES AND THEIR EXECUTIONPART X
S. XIAPPEALSPART XI
S. XIISUPPLEMENTARY PROVISIONSPART XII

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