Penal Code Act 1950

Cap: 
120
In force: 
Yes

 

CHAPTER 120

THE PENAL CODE ACT.

Arrangement of Sections.

Section

CHAPTER I—PRELIMINARY.

General rule of construction.

Interpretation.

Saving of certain laws.

CHAPTER II—TERRITORIAL APPLICATION OF THE CODE.

Extent of jurisdiction of courts.

Offences committed partly within and partly beyond the jurisdiction.

CHAPTER III—GENERAL RULES AS TO CRIMINAL RESPONSIBILITY.

Ignorance of law.

Claim of right.

Intention and motive.

Mistake of fact.

Presumption of sanity.

Insanity.

Intoxication.

Judicial officers.

Compulsion.

Defence of person or property and rash, reckless and negligent acts.

Use of force in effecting arrest.

Compulsion by husband.

Person not to be punished twice for same offence.

CHAPTER IV—PARTIES TO AND PERSONS INCITING TO COMMIT OFFENCES.

19. Principal offenders.

Joint offenders in prosecution of common purpose.

Incitement to commit an offence.

CHAPTER V—PUNISHMENT FOR MISDEMEANOURS.

General punishment for misdemeanours.

Treason and offences against the State.

Penalty for acts intended to alarm, annoy or ridicule the President.

Division 1—Offences against public order.

CHAPTER VI—TREASON AND OFFENCES AGAINST THE STATE.

Concealment of treason.

Terrorism.

Promoting war on chiefs, etc.

Time within which to commence prosecution.

Aiding soldiers or policemen in acts of mutiny.

Inducing soldiers or policemen to desert.

Aiding prisoners of war to escape.

Definition of overt act.

Interpretation of import, publication, etc.

Power to prohibit importation of publications, etc.

Offences in relation to publications, the importation of which is prohibited.

Delivery of prohibited publications.

Publication of information prejudicial to security.

Power to examine packages.

Seditious intention.

Seditious offences.

Promoting sectarianism.

Power of courts to confiscate printing machines and prohibit publication.

Legal proceedings.

Evidence.

Unlawful oaths.

Other unlawful oaths.

Limitations on compulsion as a defence to unlawful oath or engagement.

Unlawful drilling.

Wrongfully inducing a boycott.

Publication of false news.

Incitement to violence.

Incitement to refuse or delay payment of tax.

CHAPTER VII —OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILLITY.

Defamation of foreign princes.

Foreign enlistment.

Piracy.

CHAPTER VIII —UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILLITY.

Unlawful society.

Managing unlawful society.

Offences in relation to an unlawful society.

Restrictions on office bearers.

Definition of office bearer.

Miscellaneous provisions relating to unlawful societies.

Powers in relation to unlawful societies.

Disposition of property of unlawful societies.

Forfeiture of insignia, etc.

Definition of unlawful assembly and riot.

Punishment for unlawful assembly.

Punishment for riot.

Proclamation for rioters to disperse.

Dispersal of rioters.

Rioting after proclamation.

Preventing or obstructing the making of proclamation.

Rioters demolishing buildings, etc.

Rioters injuring buildings, machinery, etc.

Riotously preventing or hindering the loading, etc. of railway wagons, etc.

Going armed in certain places.

Going armed in public.

Forcible entry.

Forcible detainer.

Affray.

Challenge to fight a duel.

Threatening violence.

Watching and besetting.

Incitement to violence.

Assembling for the purpose of smuggling.

Division II—Offences against the administration of lawful authority. CHAPTER IX—CORRUPTION AND THE ABUSE OF OFFICE.

Officers charged with administration of property of a special character, etc.

False claims by officials.

Abuse of office.

Consent of the Director of Public Prosecutions.

False certificates by public officers.

Unauthorised administration of oaths.

False assumption of authority.

Personating public officers.

Threat of injury to persons employed in public service.

CHAPTER X—OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE.

Perjury and subornation of perjury.

Contradictory statements.

False statements by interpreters.

Punishment of perjury.

Evidence on charge of perjury.

Fabricating evidence.

False swearing.

Deceiving witnesses.

Destroying evidence.

Conspiracy to defeat justice and interference with witnesses.

Compounding felonies.

Compounding penal actions.

Advertisements for stolen property.

Offences relating to judicial proceedings.

CHAPTER XI—RESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT

OF LAW.

108. Rescue.

Escape.

Aiding prisoners to escape.

Removal, etc. of property under lawful seizure.

Obstructing court officers.

CHAPTER XII—MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY.

Frauds and breaches of trust by person employed in the public service.

Neglect of duty.

False information.

Disobedience of statutory duty.

Disobedience of lawful orders.

Division III—Offences injurious to the public in general. CHAPTER XIII—OFFENCES RELATING TO RELIGION.

Insult to religion.

Disturbing religious assemblies.

Trespassing on burial places.

Hindering burial of dead body, etc.

Writing or uttering words with intent to wound religious feelings.

CHAPTER XIV—OFFENCES AGAINST MORALITY.

Definition of rape.

Punishment for rape.

Attempt to commit rape.

Abduction.

Elopement.

Indecent assaults, etc.

Defilement of girl under the age of eighteen.

Defilement of idiots or imbeciles.

Procuration.

Procuring defilement of women by threats, etc.

Householder, etc. permitting defilement of girl under the age of eighteen.

Detention with sexual intent.

Power of search.

Person living on earnings of prostitution.

Brothels.
Definition of prostitute and prostitution.
Prohibition of prostitution.
Conspiracy to defile.
Attempts to procure abortion.
Procuring miscarriage.
Supplying drugs, etc. to procure abortion.
Knowledge of age of female immaterial.
Unnatural offences.
Attempt to commit unnatural offences.
Indecent assaults on boys under eighteen.
Indecent practices.
Incest.
Test of relationship.
Consent to prosecution.

CHAPTER XV—OFFENCES RELATING TO MARRIAGE AND DOMESTIC

OBLIGATIONS.

Fraudulent pretence of marriage.
Bigamy.
Adultery.
Fraudulent marriage ceremony.
Desertion of children.
Neglecting to provide food, etc. for children.
Master not providing for servants or apprentices.
Child stealing.

CHAPTER XVI—NUISANCES AND OFFENCES AGAINST HEALTH AND

CONVENIENCE.

Common nuisance.
Gaming houses.
Gaming machines.
Betting houses.
Keeper of premises defined.
Chain letters.
Traffic in obscene publications.
Idle and disorderly persons.
Rogues and vagabonds.
Offences in relation to uniforms.

Wearing of uniform declared to be for the exclusive use of persons performing services in the public interest.

Negligent act likely to spread infection of disease.

Adulteration of food or drink.

Sale of noxious food or drink.

Adulteration of drugs.

Sale of adulterated drugs.

Fouling water.

Fouling air.

Offensive trades.

CHAPTER XVII—DEFAMATION.

Definition of libel.

Definition of defamatory matter.

Definition of publication.

Definition of unlawful publication.

Absolute privilege of defamatory matter.

Conditional privilege of defamatory matter.

Good faith defined.

Presumption as to good faith.

Division IV—Offences against the person. CHAPTER XVIII—MURDER AND MANSLAUGHTER.

Manslaughter.

Murder.

Punishment of murder.

Punishment of manslaughter.

Malice aforethought.

Killing on provocation.

Provocation defined.

Diminished responsibility.

Suicide pacts.

Causing death defined.

When child deemed a person.

Limitation as to time of death.
CHAPTER XIX —DUTIES RELATING TO THE PRESERVATION OF LIFE AND

HEALTH.

Responsibility of person who has charge of another.

Duty of head of family.

Duty of masters.

Duty of persons doing dangerous acts.

Duty of persons in charge of dangerous things.

CHAPTER XX—OFFENCES CONNECTED WITH MURDER AND SUICIDE.

Attempt to murder.

Attempt to murder by convict.

Accessory after the fact to murder.

Written threats to murder.

Conspiracy to murder.

Aiding suicide.

Attempting suicide.

Concealing birth of child.

Killing unborn child.

Infanticide.

CHAPTER XXIOFFENCES ENDANGERING LIFE OR HEALTH.

Disabling in order to commit felony or misdemeanour.

Stupefying in order to commit felony or misdemeanour.

Acts intended to cause grievous harm or prevent arrest.

Preventing escape from wreck.

Intentionally endangering safety of persons travelling by railway.

Doing grievous harm.

Attempting to injure by explosive substances.

Maliciously administering poison with intent to harm.

Wounding and similar acts.

Failure to supply necessaries.

Surgical operation.

Excess of force.

Consent.

CHAPTER XXII—CRIMINAL RECKLESSNESS AND NEGLIGENCE.

227. Rash or negligent act causing death.

Specific rash and negligent acts.

Other rash and negligent acts.

Dealing in poisonous substances in negligent manner.

Endangering safety of persons travelling by railway.

Exhibition of false light, mark or buoy.

Conveying person by water for hire in unsafe vessel.

Danger or obstruction in public way, etc.

CHAPTER XXIII—ASSAULTS.

Common assault.

Assaults causing actual bodily harm.

Assaults on persons protecting wreck.

Assaults punishable with two years’ imprisonment.

CHAPTER XXIVOFFENCES AGAINST LIBERTY.

Definition of kidnapping from Uganda.

Definition of kidnapping from lawful guardianship.

Definition of abduction.

Punishment for kidnapping.

Kidnapping or detaining with intent to murder, etc.

Kidnapping or abducting with intent to confine person.

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

Wrongfully concealing or confining kidnapped or abducted person.

Kidnapping or abducting child under fourteen years.

Wrongful confinement.

Buying, etc. of any person as a slave.

Habitual dealing in slaves.

Inducing a person to give up himself or herself as a slave.

Unlawful compulsory labour.

Division V—Offences relating to property. CHAPTER XXV—THEFT.

Things capable of being stolen.

Definition of theft.

Special cases.

Funds, etc. held under direction.

Funds, etc. received by agents for sale.

Money received for another.

Theft by persons having an interest in the thing stolen.

Husband and wife.

General punishment for theft.

Stealing wills.

Stealing postal matter, etc.

Stealing cattle.

Stealing vehicle.

Cattle rustling.

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

Embezzlement.

Causing financial loss.

Compensation.

Stealing by agents, etc.

Stealing by tenants or lodgers.

Stealing after previous conviction.

Application of Director of Public Prosecutions’ powers under certain sections of the Prevention of Corruption Act.

Court to restrict disposal of assets or bank accounts of accused.

CHAPTER XXVIOFFENCES ALLIED TO STEALING.

Concealing registers.

Concealing wills.

Concealing deeds.

Killing animal with intent to steal.

Severing with intent to steal.

Fraudulent disposition of mortgaged goods.

Fraudulent dealing in minerals.

Fraudulent appropriation of power.

Unlawful use of vehicles, animals, etc.

CHAPTER XXVII—ROBBERY AND EXTORTION.

Definition of robbery.

Punishment for robbery.

Attempted robbery.

Corporal punishment.

Assault with intent to steal.

Demanding property by written threats.

Attempts at extortion by threats.

Procuring execution of deeds, etc. by threats.

Demanding property with menaces.

CHAPTER XXVIII—BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES.

Definition of breaking and entering.

Housebreaking and burglary.

Entering dwelling house with intent to commit felony.

Breaking into building and committing felony.

Breaking into building with intent to commit felony.

Penalty in case of breaking, etc. by armed persons.

Persons found, etc. with intent to commit felony.

Persons found loitering, etc. with intent.

Criminal trespass.

Forfeiture.

CHAPTER XXIX—FALSE PRETENCES.

Definition of false pretence.

Obtaining goods by false pretences.

Obtaining execution of a security by false pretences.

Cheating.

Obtaining credit, etc. by false pretences.

Conspiracy to defraud.

Frauds on sale or mortgage of property.

Pretending to tell fortunes.

Obtaining registration, etc. by false pretence.

False declaration for passport.

CHAPTER XXX —RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES.

Receiving stolen property, etc.

Persons suspected of having or conveying stolen property.

Unlawful possession of Government stores.

Receiving goods stolen outside Uganda.

Prohibition of exportation without licence.

Smuggling.

Possession of goods suspected to have been smuggled.

321. Attempting to smuggle.

CHAPTER XXXI —FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST, AND FALSE ACCOUNTING.

Fraudulent disposal of trust property.

Fraudulent offences by directors and officers of corporations or companies.

False statements by officials of companies.

Fraudulent false accounting.

False accounting by public officer.

Division VI—Malicious injuries to property. CHAPTER XXXIIOFFENCES CAUSING INJURY TO PROPERTY.

Arson.

Attempt to commit arson.

Setting fire, etc. to crops and growing plants.

Attempt to set fire to crops, etc.

Prevention and control of fires.

Casting away ships.

Attempt to cast away ships.

Injuring animals.

Punishment for malicious injuries in general.

Attempt to destroy property by explosives.

Communicating infectious diseases to animals.

Removing boundary marks.

Wilful damage, etc. to survey and boundary marks.

Penalties for damage, etc. to railway works.

Threats to burn, etc.

Division VII—Forgery, coining, counterfeiting and similar offencesCHAPTER XXXIII—DEFINITIONS.

Forgery.

Document.

Bank note and currency note.

Making a false document.

Intent to defraud.

CHAPTER XXXIV —PUNISHMENT FOR FORGERY.

General punishment for forgery.

Forgery of wills, etc.

Forgery of judicial or official document.

Forgery of and other offences in relation to stamps.

Uttering false documents.

Uttering cancelled or exhausted documents.

Procuring execution of documents by false pretences.

Obliterating crossings on cheques.

Making documents without authority.

Demanding property upon forged testamentary instruments.

Purchasing forged bank or currency notes.

Falsifying warrant for money payable under public authority.

Falsification of register.

Sending false certificate of marriage to registrar.

False statements for registers of births, deaths and marriages.

CHAPTER XXXVOFFENCES RELATING TO COIN AND BANK AND

CURRENCY NOTES.

Definitions.

Counterfeiting coin.

Preparations for coining.

Making or having in possession paper or implements for forgery.

Clipping.

Melting down of currency.

Possession of clippings.

Uttering counterfeit coin.

Repeated uttering.

Uttering metal or coin not current as coin.

Exporting counterfeit coin.

Selling articles bearing designs in imitation of currency.

Forfeiture.

CHAPTER XXXVI—COUNTERFEIT STAMPS.

Possession of die used for purpose of making stamps.

Paper and dies for postage stamps.

CHAPTER XXXVII —COUNTERFEITING TRADEMARKS.

Trademarks defined.

Counterfeiting trademarks.

Selling goods marked with a counterfeit trademark.

Forfeiture of goods marked with counterfeit trademark.

CHAPTER XXXVIII—PERSONATION.

Personation in general.

Falsely acknowledging deeds, recognisances, etc.

Personation of a person named in a certificate.

Personation of a person named in a testimonial of character.

CHAPTER XXXIXCHEQUES.

385. Issue of false cheques.

Division VIII—Attempts and conspiracies to commit crimes, and accessories after the fact.

CHAPTER XL—ATTEMPTS.

Attempt defined.

Attempts to commit offences.

Punishment of attempts to commit certain felonies.

Neglect to prevent felony.

CHAPTER XLI—CONSPIRACIES.

Conspiracy to commit felony.

Conspiracy to commit misdemeanour.

Other conspiracies.

CHAPTER XLII—ACCESSORIES AFTER THE FACT.

Definition of accessories after the fact.

Punishment of accessories after the fact to felonies.

Punishment of accessories after the fact to misdemeanours.

CHAPTER 120

THE PENAL CODE ACT.

Commencement: 15 June, 1950.

An Act to establish a code of criminal law.

CHAPTER I—PRELIMINARY.
1.
General rule of construction.

This Code shall be interpreted in accordance with the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith.
2.
Interpretation.

In this Code, unless the context otherwise requires—

“Code” means this Penal Code;

“court” means a court of competent jurisdiction;

“dangerous harm” means harm endangering life;

“dwelling house” includes any building or structure or part of a building or structure which is for the time being kept by the owner or occupier for his or her residence or that of his or her 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;

“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 for three years or more;

“grievous harm” means any harm which amounts to a maim or dangerous harm, or 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, membrane or sense; (g) “harm” means any bodily hurt, disease or disorder whether
permanent or temporary; (h) “husband” means husband of a monogamous marriage; (i) “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; (j) “knowingly”, used in connection with any term denoting uttering

or using, implies knowledge of the character of the thing uttered
or used; (k) “local authority” means a local authority established under any
written law; (l) “maim” means the destruction or permanent disabling of any
external or internal organ, membrane or sense; (m) “Minister” means Attorney General; (n)