Zimbabwe
Criminal Procedure and Evidence Act
Chapter 9:07
- Published in Government Gazette
- Commenced on 1 June 1927
- [This is the version of this document as it was at 31 December 2016 to 22 October 2020.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short title
This Act may be cited as the Criminal Procedure and Evidence Act [Chapter 9:07].2. Interpretation
In this Act—“accused” or “accused person” means a person who has been arrested for or charged with an offence;[definition inserted by section 2 of Act 2 of 2016]“authorised person”, for the purposes of taking an intimate sample or buccal sample pursuant to section 41(3) or 41B, means a health practitioner, medical officer or other person who has successfully undergone the relevant training to enable him or her to take a bodily sample;[definition inserted by section 2 of Act 2 of 2016]“bodily sample” means an intimate or buccal sample taken from a person;[definition inserted by section 2 of Act 2 of 2016]“buccal sample” means a sample of cellular material taken from the inside of a person’s mouth for the purposes of conducting a forensic DNA analysis of that sample;[definition inserted by section 2 of Act 2 of 2016]“company” means a company incorporated or registered under any enactment generally governing companies or under any special enactment or under letters patent or Royal Charter;“compelling reasons”, for the purposes of—3. Proceedings to which Act applies
This Act shall apply to all criminal proceedings in the High Court and the Supreme Court and in magistrates courts in respect of any offence.4. Neither acquittal nor conviction a bar to civil action for damages
Neither a conviction nor an acquittal following on any prosecution shall be a bar to a civil action for damages at the instance of any person who may have suffered any injury from the commission of any alleged offence.Part II – Prosecution on behalf of State
[Part II (sections 5 – 11A) substituted by section 3 of Act 32 of 2016]5. Delegation of functions by Prosecutor-General
6. National Director of Public Prosecutions
There shall be a National Director of Public Prosecutions appointed in terms of section 8 of the National Prosecuting Authority Act [Chapter 7:20] (No. 5 of 2014).7. Change of prosecutor
Criminal proceedings instituted on behalf of the State by one public prosecutor may be continued by any other public prosecutor.8. Power to stop public prosecutions
The Prosecutor-General, or any person conducting criminal proceedings on behalf of the State may—9. Prosecutions for contempt of court proceedings
10. Power of ordering liberation of persons committed for further examination, sentence or trial
11. Functions of local public prosecutor
11A. Publication of principles on which decisions to prosecute are based
Part III – Private prosecutions
12. Interpretation in Part III
In this Part—“private party” means a person authorized by section thirteen or fourteen to prosecute any offence.13. Private prosecution on refusal of Prosecutor-General to prosecute
In all cases where the Prosecutor-General declines to prosecute for an alleged offence, any private party, who can show some substantial and peculiar interest in the issue of the trial arising out of some injury which he individually has suffered by the commission of the offence, may prosecute, in any court competent to try the offence, the person alleged to have committed it.14. What other persons entitled to prosecute
The following shall possess the right of prosecution—15. Private prosecutor may apply to court for warrant
Where, by virtue of the right of prosecution given to private parties by section thirteen or fourteen, any private party desires to prosecute for any offence any person for whose liberation from prison any warrant has been issued by the Prosecutor-General, such private party may apply to the High Court or, in case such court is not then sitting, to any judge, for a warrant for the further detention or, if he is on bail, for the detention of such person, and such court or judge shall make such order as to it or him seems right under the circumstances.16. Certificate of Prosecutor-General that he or she declines to prosecute
17. Private prosecutor may be ordered to give security for costs
Where a private prosecution is being or has been instituted by a person other than a public body or person described in section 14(d), the court may order him or her to give such security as the court may direct for the payment of any costs incurred by the accused person in respect of his or her defence, and where the court has made such an order no further steps shall be taken in the prosecution until the security has been given.[section substituted by section 6 of Act 2 of 2016]18. Failure of private prosecutor to appear on appointed day
19. Mode of conducting private prosecutions
A private prosecution shall, subject to this Act, be proceeded with in the same manner as if it were being conducted at the public instance, except that all costs and expenses of the prosecution shall be paid by the party prosecuting, subject to any order that the court may make when the prosecution is finally concluded.20. Competency of Prosecutor-General to take up and conduct prosecution at public instance
[heading substituted by Act 5 of 2014]In the case of a prosecution at the instance of a private party, the Prosecutor-General or the local public prosecutor may apply by motion to any court before which the prosecution is pending to stop all further proceedings in the case, in order that prosecution for the offence may be instituted or continued at the public instance and such court shall, in every such case, make an order in terms of the motion.21. Deposit of money by private prosecutor
In the case of a criminal prosecution at the instance of a private party, the registrar or clerk of the court shall, for the service of any criminal summons or subpoena or execution of any warrant of arrest or other criminal process, demand and receive the prescribed fee.22. Costs of private prosecution
Part IV – Prescription of offences
23. Prescription of offences
Part V – Arrests
A. Without warrant
24. Arrest and verbal order to arrest
25. Arrest without warrant by peace officer or other officer
26. Power of peace officer to call for name and address of certain persons
27. Arrest by private person for certain offences committed in his presence
28. Arrest by private persons of persons fighting in public places
Any private person is authorised to arrest without warrant any person whom he or she sees engaged in fighting in a public place in order to prevent such person from continuing the fight, and to deliver him or her over to a police officer to be dealt with according to law.[section substituted by section 7 of Act 2 of 2016]29. Owners of property may arrest in certain cases
The owner, lawful occupier or person in charge of any property on or in respect of which any person is found committing an offence, or any person authorized by such owner, lawful occupier or person in charge, may arrest without warrant the person so found.30. Arrest by private person for certain offences on reasonable suspicion
Any private person may without warrant arrest any other person upon reasonable suspicion that such other person has committed any offence specified in the First Schedule.31. Arrest of persons offering stolen property for sale
Where anyone may without warrant arrest another for committing an offence, he may also arrest without warrant any person who offers to sell, pawn or deliver to him any property which on reasonable grounds he believes to have been acquired by such person by means of any such offence.31A. Arrest by persons in charge of ship, boat or aircraft
32. Procedure after arrest without warrant
B. With warrant
33. Warrant of arrest by judge, magistrate or justice
34. Execution of warrants
35. Arrest on wireless or telegraphic transmission of warrant
A communication which—36. Arresting wrong person
37. Irregular warrant or process
Any person acting under a warrant or process which is bad in law, on account of a defect in substance or in form apparent on the face of it, shall, if he in good faith and without culpable ignorance and negligence believes that the warrant or process is good in law, be protected from responsibility to the same extent and subject to the same provisions as if the warrant or process were good in law, and ignorance of the law shall in such case be an excuse:Provided that it shall be a question of law whether the facts of which there is evidence may or may not constitute culpable ignorance or negligence in his so believing the warrant or process to be good in law.38. Tenor of warrant
Any warrant issued under this Act shall be to apprehend the person described therein and to bring him before a judicial officer as soon as possible upon a charge of an offence mentioned in the warrant.C. General
39. Assistance by private persons called on by officers of the law
39A. Voluntary attendance at police station or charge office
Where for purposes of assisting the police with an investigation a person attends voluntarily at a police station or charge office or voluntarily accompanies a police officer to a police station or charge office without having been arrested—39B. Police officers may restrain, etc., persons in certain circumstances without intention to arrest
40. Breaking open of doors after failure in obtaining admission for purpose of arrest or search
It shall be lawful for any peace officer or private person, who by law is authorized to arrest any person known or suspected to have committed any offence, to break open for that purpose the doors and windows of, and to enter and search, any premises in which the person whose arrest is required is known or suspected to be:Provided that such officer or private person aforesaid shall not act under this section—41. Arrest-how made, and search thereon of person arrested
41A. Arrested person to be informed of his or her rights
41B. Bodily samples for investigation purposes
41C. Records to be kept of arrested and detained persons
41D. Search and examination of arrested person
42. Resisting arrest
43. Power to retake on escape
If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him or cause him to be pursued and arrested in any place in Zimbabwe.44. ***
[section repealed by Act 23 of 2004]45. Saving of other powers of arrest
Nothing in this Part shall be construed as taking away or diminishing any authority specially conferred by any other enactment to arrest, detain or put any restraint on any person.46. Saving of civil rights
Nothing in this Part shall be construed as taking away or diminishing any civil right or liability of any person in respect of a wrongful or malicious arrest.Part VI – Search warrants, seizure, detention and disposal of property connected with offences and custody of women unlawfully detained for immoral purposes
47. Interpretation in Part VI
In this Part—“article” includes any document or substance.“articles whose possession is intrinsically unlawful” means harmful liquids, dangerous drugs, child pornography as defined in the Trafficking in Persons Act [Chapter 9:25], adult pornography whose possession is prohibited under the Censorship and Entertainments Control Act [Chapter 10:04], unlicensed firearms and ammunition, arms or weapons of war, explosives whose use or possession is not authorised under the Explosives Act [Chapter 10:08], forged or counterfeit currency or forged or counterfeit travel or identity documents, any plate or dye used for forging currency or documents and any other article specified by the Minister in regulations made under section 389;“full receipt”, in relation to an article seized in terms of this Part, means a receipt specifying the nature of the article, the name and address of the person from whom it was seized and (if some other person is known to be the owner thereof) the name and address of the owner thereof, the date of seizure and the place of custody, and the name and signature of the seizing officer:Provided that if three or more such articles are seized from the same person at the same time, the receipt may refer to a description of the articles in a list attached thereto that is signed by the seizing officer and retained by the person from whom it was seized;“occurrence book” means the journal kept at a police station of events required to be recorded therein on a daily basis;“premises” or “land” includes any container, vehicle, vessel or aircraft present within or upon such premises or land.[section substituted by section 15 of Act 2 of 2016]48. Savings as to certain powers conferred by other enactments
This Part shall not derogate from any power conferred by any other enactment to enter any premises, to search any person, container or premises, to seize any article, to declare any article forfeited or to dispose of any article.49. State may seize certain articles
50. Article to be seized under warrant
51. Search and seizure without warrant
52. Seizure of article on arrest or detention of person carrying same
53. Search by occupier of land
Any person who is lawfully in charge or occupation of any land and who reasonably suspects that—54. Entering of premises for purposes of obtaining evidence
55. Resistance against entry or search
56. Award of damages for false information on oath
Where any person falsely gives information on oath for the purposes of subsection (1) of section fifty and a warrant is issued and executed on such information, and such person is in consequence of such false information convicted of perjury or any statutory offence involving the making of a false statement on oath, the court convicting such person may, upon the application of any person who has suffered any damage in consequence of the unlawful entry, search or seizure, as the case may be, or upon the application of the prosecutor acting on the instructions of that person, award compensation in respect of such damage and the provisions of section three hundred and sixty-two shall apply, mutatis mutandis, to the award.57. Search to be conducted in decent and orderly manner
A search of any person or premises in terms of this Part shall be conducted with strict regard to decency and order, and section 41B(3) shall apply to the search of any person.[section amended by section 49 of Act 2 of 2016]58. Custody and disposal of seized articles
58A. Continued retention of seized articles if institution of criminal proceedings is delayed
58B. Manner of service of notices for purposes of sections 58 and 58A
References to a police officer—59. Disposal of article where no criminal proceedings are instituted, where it is not required for criminal proceedings or where accused admits his guilt
60. Article to be transferred to court for purposes of trial
61. Disposal of article after commencement of criminal proceedings
62. Forfeiture of article to State
62A. Forfeiture of unlawful consideration in cases of bribery
63. Disposal of article concerned in offence committed outside Zimbabwe
63A. Forfeiture and disposal of seized articles whose possession is intrinsically unlawful
63B. Admissibility in evidence of certain notices and entries made under this Part
64. Women detained for immoral purposes
Part VII – Committal for trial in the High Court of accused persons
[Part VII substituted by section 3 of Act 9 of 2006]65. Accused to be committed for trial by magistrate before High court
No person shall be tried in the High Court for any offence unless he or she has been previously committed for trial by a magistrate for or in respect of the offence charged in the indictment:Provided that—66. Summary committal for trial of accused person
67. Information provided by accused or failure of accused to mention fact relevant to his or her defence may be used as evidence against accused
68. ***
[section 68 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]69. ***
[section 69 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]70. ***
[section 70 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]71. ***
[section 71 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]72. ***
[section 72 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]73. ***
[section 73 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]74. ***
[section 74 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]75. ***
[section 75 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]76. ***
[section 76 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]77. ***
[section 77 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]78. ***
[section 78 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]79. ***
[section 79 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]80. ***
[section 80 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]81. ***
[section 81 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]82. ***
[section 82 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]83. ***
[section 83 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]84. ***
[section 84 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]85. ***
[section 85 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]86. ***
[section 86 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]87. ***
[section 87 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]88. ***
[section 88 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]89. ***
[section 89 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]90. ***
[section 90 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]91. ***
[section 91 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]92. ***
[section 92 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]93. ***
[section 93 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]94. ***
[section 94 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]95. ***
[section 95 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]96. ***
[section 96 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]97. ***
[section 97 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]98. ***
[section 98 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]99. ***
[section 99 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]100. ***
[section 100 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]101. ***
[section 101 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]102. ***
[section 102 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]103. ***
[section 103 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]104. ***
[section 104 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]105. ***
[section 105 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]106. ***
[section 106 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]107. ***
[section 107 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]108. ***
[section 108 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]109. ***
[section 109 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]110. ***
[section 110 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]111. ***
[section 111 repealed by section 3 of Act 9 of 2006 which repealed and substituted Part VII]Part VIII – Confirmation of extra-curial statements
112. Interpretation in Part VIII
In this Part—“confirmation proceedings” means confirmation proceedings in terms of section 113;“expert witness” means any person whose professional, scientific or technical training gives authority to evidence given in his or her professional, scientific or technical capacity;“statement” means any statement, including a confession, that is written or made orally and subsequently reduced to writing;“verification proceedings” means verification proceedings in terms of section 115A.[section substituted by section 4 of Act 9 of 2006]113. Confirmation or investigation of statement
113A. Parents or guardian of juvenile may be summoned to confirmation proceedings
113B. Accused must be in his or her sound and sober senses
113C. Subpoenaing of witnesses
113D. Arrest and punishment for failure to obey subpoena or to remain in attendance
113E. When tender of witness’ expenses not necessary
No prepayment or tender of expenses shall be necessary in the case of a person who is required to give evidence at confirmation proceedings and who is also within five kilometres of the premises in which such proceedings are being held.[section inserted by section 6 of Act 9 of 2006]113F. Witness refusing to be examined or to produce evidence may be committed
114. ***
[section repealed by section 7 of Act 9 of 2006]115. Failure to mention fact relevant to allegation may be used as evidence
If an accused alleges during the course of any criminal proceedings that a statement allegedly made by him which is tendered by the State in evidence was not made by him or was not made freely and voluntarily without his having been unduly influenced thereto and it is proved by the State that—115A. Verification of witnesses’ depositions in certain circumstances
115B. Proof of evidence and statements given or made at confirmation or verification proceedings and furnishing of copies thereof to accused
Part IX – Bail
115C. Compelling reasons for denying bail and burden of proof in bail proceedings
116. Power to admit to bail
Subject to this section and sections 32 and 34, a person may, upon an application made in terms of section 117A, be admitted to bail or have his or her conditions of bail altered—117. Entitlement to bail
117A. Application for bail, bail proceedings and record thereof
118. Conditions of recognizance
119. Recognizance to be forfeited on failure of accused to appear at trial
120. Excessive bail not to be required
121. Appeals against decisions regarding bail
122. ***
[section repealed by section 2 of Act 8 of 1997]123. Power to admit to bail pending appeal or review
124. ***
[section repealed by section 3 of Act 8 of 1997]125. Insufficiency of sureties
If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient, the judge or magistrate granting the bail may issue a warrant of arrest directing that the accused be brought before him, and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.126. Alteration of recognizances or committal of person on bail to prison
127. Person on bail may be arrested without warrant if about to abscond or interfere with witness
128. Release of sureties and death of surety
129. Rendering in court
The sureties may bring the accused into the court at which he is bound to appear during any sitting thereof, and then, by leave of the court, render him in discharge of such recognizance at any time before sentence, and the accused shall be committed to a prison there to remain until discharged by due course of law but such court may admit the accused person to bail for his appearance at any time it thinks fit.130. Sureties not discharged until sentence or discharge of accused
The pleading or conviction of any accused person released on bail in terms of this Part shall not discharge the recognizance, but the same shall be effectual for his appearance during the trial and until sentence is passed or he is discharged:Provided that the court may commit the accused to a prison upon his trial or may require new or additional sureties for his appearance for trial or sentence, as the case may be, notwithstanding such recognizance, and such commitment shall be a discharge of the sureties.131. Deposit instead of recognizance
132. Admission to bail by police
133. Provision in case of default in conditions of recognizance
If it appears to the judge or magistrate who admitted the accused to bail that default has been made in any condition of the recognizance or if it appears to a judge or magistrate of the court before which an accused person has to appear in terms of any recognizance that default has been made in any condition of such recognizance, such judge or magistrate may—134. Remission of bail
The Prosecutor-General may, in his discretion, remit the whole or any portion of any amount forfeited under section ninety-seven or this Part and may, where a portion of such amount has been remitted, enforce payment in part only.135. Release of juvenile offenders without bail
Part X – Indcitments, summonses and charges
A. Indictments in High Court
136. Charge in High Court to be laid in indictment
137. When case is pending
As soon as the indictment in any criminal case brought in the High Court has been duly lodged with the registrar of that court, such case shall be deemed to be pending in that court.138. High Court may try case wherever offence committed
Any person charged with committing an offence at any place may be tried by the High Court, wherever sitting.B. Summonses and charges in magistrates courts
139. Lodging of charges in magistrates court
Where a public prosecutor has, by virtue of his office, determined to prosecute any person in a magistrates court for any offence within the jurisdiction of that court, he shall forthwith lodge with the clerk of the court a statement in writing of the charge against that person, describing him by his forename, surname, place of abode and occupation and setting forth shortly and distinctly the nature of the offence and the time and place at which it was committed.140. Summons in magistrates court
141. Written notice to secure attendance of accused in magistrates court
142. Warning to appear in magistrates court
143. Charges in remitted cases
C. General for all courts
144. Joinder of counts
145. Where doubtful what offence has been committed
If, by reason of the nature of an act or series of acts, or of any uncertainty as to the facts which can be proved, or if for any other reason whatever it is doubtful which of several offences is constituted by the facts which can be proved, the accused may be charged with having committed all or any of those offences, and any number of such charges may be tried at one time, or the accused may be charged in the alternative with having committed some or one of those offences.146. Essentials of indictment, summons or charge
147. Sufficient to allege dates between which thefts took place
It shall be lawful in any indictment, summons or charge in respect of theft to allege that the property stated to have been stolen was taken at several different times between any two certain days named in the indictment, summons or charge, and upon such an indictment, summons or charge, proof may be given of the theft of such property upon any day or days between the two certain days aforesaid.148. Indictment may charge general deficiency
In an indictment, summons or charge in respect of the theft of money, or in respect of the theft of any property by a person entrusted with the custody or care of such property, the accused may be charged and proceeded against for the amount of a general deficiency, notwithstanding that such general deficiency is made up of any number of specific sums of money or of any number of specific articles or of a sum of money representing the value of specific articles, the taking of which extended over any space of time.149. Not necessary to specify particular coin or bank-note stolen
In any indictment, summons or charge in which it is necessary to make averment as to any money or any bank-note, it shall be sufficient to describe such money or bank-note simply as money, without specifying any particular coin or bank-note, and such averment, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank-note, although the particular species of coin of which such amount was composed or the particular nature of the bank-note is not proved, and in cases of money or bank-notes obtained by false pretences or by any other unlawful act, by proof that the offender obtained any coin or any bank-note or any portion of the value thereof, although such coin or bank-note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and such part has been returned accordingly.150. Indictments for giving false evidence; and making of conflicting statements on oath in judicial proceedings
151. Rules applicable to particular indictments
152. Companies, firms and partnerships may be named in indictments by name, style or title
153. Means or instrument by which act is done need not be stated
It shall not in any indictment, summons or charge be necessary to set forth the manner in which or the means or instrument by which any act is done, unless the manner, means or instrument is an essential element of the offence.154. ***
[section repealed by section 32 of Act 2 of 2016]155. In indictment for forgery and other cases copy of instrument not necessary
156. Certain particulars not required in case of offence relating to insolvency
In an indictment, summons or charge in respect of an offence relating to an insolvent, it shall not be necessary to set forth any debt, act of insolvency, adjudication or other proceeding in any court, or any order, warrant or document made or issued out of or by the authority of any court.157. Allegation of intent to defraud sufficient without alleging whom it is intended to defraud
158. Persons implicated in same offence may be charged together
159. Joint trial of persons charged with different offences
When it is alleged in an indictment, summons or charge that two or more persons have committed separate offences at the same time and place or at the same place and about the same time and the prosecutor informs the court that any evidence which is, in his opinion, admissible at the trial of those persons is, in his opinion, also admissible at the trial of the other person or persons, such persons may be tried jointly for those offences on that indictment, summons or charge.Part XI – Procedure before commencement of trial
A. In High Court
160. Bringing of accused persons to trial before High court
161. Change of place of trial
162. When removed prisoner to be tried
Where a case has, in terms of section one hundred and sixty-one, been removed for trial elsewhere and the accused is in custody, the judge granting the order of removal shall issue a warrant directing his transmission forthwith to the prison of the area to which the case has been removed and the accused shall be tried as soon as reasonably possible on a date to be determined by the Prosecutor-General:Provided that the accused shall not be tried less than ten days after his arrival at the prison except with his consent.B. In magistrates court
163. Accused in magistrates court to be brought for trial at once
Any person to be prosecuted on a criminal charge in a magistrates court shall be brought for trial at the next possible court day.163A. Accused in magistrates court to be informed of section 191 rights
164. Persons brought before wrong court
C. General for all courts
165. Trial of pending case may be postponed
Subject to subsection (2) of section one hundred and sixty, any court before which a criminal trial is pending may, if it is necessary or expedient, postpone the trial until such time and to such place and upon such terms as to such court may seem proper, and further postponements may, if necessary or expedient, be made from time to time:Provided that where a trial is pending before a magistrates court such trial shall not, unless the accused consents thereto, be postponed for a period exceeding fourteen days at any one time.166. Adjournment of trial
167. Accused may be admitted to bail on postponement or adjournment of trial
167A. Unreasonable delay in bringing accused to trial
168. Accused to plead to indictment, summons or charge
At the time appointed for the trial or sentence of the accused upon any indictment, summons or charge, he shall appear, and shall be informed in open court of the offence with which he is charged as set forth in the indictment, summons or charge, and shall, subject to section three hundred and fifty-six, be required to plead instantly thereto except where, there being an indictment or summons and the accused having objected so to plead, the court finds that he has not been duly served with a copy thereof.169. Termination of bail on plea to indictment in High court
If the accused is indicted in the High Court after having been admitted to bail, his plea to the indictment shall, unless the court otherwise directs, have the effect of terminating his bail, and he shall thereupon be detained in custody until the conclusion of the trial in the same manner in every respect as if he had not been admitted to bail.170. Objections to indictment, how and when to be made
171. Exceptions
172. Certain omissions or imperfections not to invalidate indictment
No indictment, summons or charge in respect of any offence shall be held insufficient—173. Averments as to time of commission of offence
If any particular day or period is alleged in any indictment, summons or charge as the day on or period during which any act or offence was committed—174. Proceedings where indictment alleges offence committed on impossible day
If in any case no day is stated in the indictment, summons or charge or an impossible day or a day that never happened is stated, the accused may, at any time before pleading, apply to the High Court or any judge, or to the court in which he is indicted or charged, and such court or judge shall, upon being satisfied by affidavit or otherwise that the accused is likely to be prejudiced in his defence upon the merits unless some day or time were stated, make such order in that behalf as in the circumstances of the particular case seems just.175. Proceedings if defence is an alibi
If in any case the defence of the accused is that commonly called an alibi, and the court before which the trial is held considers that the accused might be prejudiced in making such defence if proof were admitted that the act or offence in question was committed on some day or time other than the day or time stated in the indictment, summons or charge, then, although the day or time proposed to be proved is within a period of three months before or after the day stated in the indictment, summons or charge, the court shall reject such proof, and thereupon the same consequences shall take place as in paragraph (b) of section one hundred and seventy-three mentioned, anything in that section to the contrary notwithstanding.176. Indictments relating to blasphemous, seditious, obscene or defamatory matters
No count for publishing a blasphemous, seditious, obscene or defamatory matter, or for selling or exhibiting any obscene book, pamphlet, newspaper or other printed or written matter, shall be open to objection or deemed insufficient on the ground that it does not set out the words thereof:Provided that the court may order that particulars shall be furnished by the prosecutor stating what passages in such book, pamphlet, newspaper, printing or writing are relied on in support of the charge.177. Court may order delivery of particulars
178. Application to quash indictment
179. Notice of application to quash indictment and of certain pleas to be given
When the accused intends to apply to have an indictment, summons or charge quashed under section one hundred and seventy-eight or to except or to plead any of the pleas mentioned in section one hundred and eighty, except the plea of guilty or not guilty, he shall give reasonable notice, regard being had to the circumstances of each particular case, to the Prosecutor-General or his representative if the trial is before the High Court, or to the public prosecutor if the trial is before a magistrates court, or when the prosecution is a private one to the private prosecutor, stating the grounds upon which he seeks to have the indictment, summons or charge quashed or upon which he bases his exception or plea:Provided that—180. Pleas
181. Person committed or remitted for sentence
182. Accused refusing to plead
If the accused, when called upon to plead to an indictment, summons or charge, will not plead or answer directly thereto, the court may, if it thinks fit, order a plea of not guilty to be entered on behalf of the accused, and a plea so entered shall have the same effect as if it had been actually pleaded.183. Truth of defamatory matter to be specially pleaded and to be proved by accused
184. Statement of accused sufficient plea of former conviction or acquittal
In any plea of a former conviction or acquittal it shall be sufficient for an accused to state that he has been lawfully convicted or acquitted, as the case may be, of the offence charged.185. Trial on plea to jurisdiction
Upon a plea to the jurisdiction of the court, the court shall proceed to satisfy itself, in such manner and upon such evidence as it thinks fit, whether it has jurisdiction or not.186. Issues raised by plea to be tried
If the accused pleads any plea or pleas other than the plea of guilty or a plea to the jurisdiction of the court, he is, by such plea without any further form, deemed to have demanded that the issues raised by such plea or pleas shall be tried by the court.187. Lack of jurisdiction or title to prosecute not to be raised after conviction
Where an accused is convicted of an offence, the fact that—188. Outline of state and defence cases
In a trial before a magistrate, if the accused pleads not guilty or a plea of not guilty is entered in terms of section one hundred and eighty-two—189. Statement made or withholding of relevant fact by accused may be used as evidence against him
Part XII – Procedure after commencement of trial
A. In all courts
190. Separate trials
When two or more persons are charged in the same indictment, summons or charge, whether with the same offence or with different offences, the court may at any time during the trial on the application of the prosecutor or of any of the accused, direct that the trial of the accused or any of them shall be held separately from the trial of the other or others of them, and may abstain from giving a judgment as to any of such accused.191. Legal representation
Every person charged with an offence may make his defence at his trial and have the witnesses examined or cross-examined—192. Trial of mentally disordered or defective persons
If at any time after the commencement of any criminal trial it is alleged or appears that the accused is not of sound mind, or if on such a trial the defence is set up that the accused was not criminally responsible on the ground of mental disorder or defect for the act or omission alleged to constitute the offence with which he is charged, he shall be dealt with in the manner provided by the Mental Health Act [Chapter 15:06].193. Detention of persons who are deaf or mute or both
194. Presence of accused
195. Concealment of identity of juvenile on trial
196. Concealment of identity of complainant and witnesses in certain cases
197. Identity of juvenile witness not to be revealed
198. Conduct of trial
199. Refusal of accused giving evidence or being questioned to answer question without just cause may be used as evidence against him
200. Summing up
After all the evidence has been adduced, the prosecutor shall be entitled to address the court, summing up the whole case, and the accused, or each of the accused if more than one, shall be entitled by himself or his legal representative to address the court and if, in his address, the accused or his legal representative raises any matter of law, the prosecutor shall be entitled to reply, but only on the matter of law so raised.201. Validity of verdict
202. Certain discrepancies between indictment and evidence may be corrected
203. Defect in indictment, summons or charge may be cured by evidence
When an indictment, summons or charge in respect of any offence is defective for want of the averment of any matter which is an essential ingredient of the offence, the defect shall be cured by evidence at the trial in respect of the offence proving the presence of such a matter which should have been averred, unless the want of such averment was brought to the notice of the court before judgment.204. Verdict to be of same effect as if indictment had been originally correct
Any verdict or judgment which is given after the making of any amendment under this Act shall be of the same effect in all respects as if the indictment, summons or charge had originally been in the same form in which it was after such amendment was made.B. In cases remitted to magistrates court
205. ***
[section 205 repealed by section 15 of Act 9 of 2006]206. ***
[section 206 repealed by section 15 of Act 9 of 2006]C. Verdicts possible on particular indictments, summonses and charges
207. Conviction for part of crime charged
For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence.[section substituted by Act 23 of 2004]208. ***
[section 208 repealed by Act 23 of 2004]209. ***
[section 209 repealed by Act 23 of 2004]210. ***
[section 210 repealed by Act 23 of 2004]211. ***
[section 211 repealed by Act 23 of 2004]212. ***
[section 212 repealed by Act 23 of 2004]213. ***
[section 213 repealed by Act 23 of 2004]214. ***
[section 214 repealed by Act 23 of 2004]215. ***
[section 215 repealed by Act 23 of 2004]216. ***
[section 216 repealed by Act 23 of 2004]217. ***
[section 217 repealed by Act 23 of 2004]218. ***
[section 218 repealed by Act 23 of 2004]219. ***
[section 219 repealed by Act 23 of 2004]220. ***
[section 220 repealed by Act 23 of 2004]221. ***
[section 221 repealed by Act 23 of 2004]222. ***
[section 222 repealed by Act 23 of 2004]223. ***
[section 223 repealed by Act 23 of 2004]224. ***
[section 224 repealed by Act 23 of 2004]Part XIII – Procedure in respect of cases adjourned under section 54 of Magistrates Court Act [Chapter 7:10]
225. Powers of prosecutor-general
[heading substituted by Act 5 of 2014]Where a magistrate has adjourned a case and submitted a report to the Prosecutor-General in terms of section 54 of the Magistrates Court Act [Chapter 7:10], the Prosecutor-General may—226. Duties of magistrate
Upon the receipt of the Prosecutor-General’s direction in terms of section two hundred and twenty-five the magistrate shall cause the accused or the person convicted, as the case may be, to be informed of the Prosecutor-General’s decision and shall—227. Powers of judge in respect of case transferred to High Court for sentence
228. Sentence by judge
When an accused is brought before a judge in terms of subsection (1) of section two hundred and twenty-seven, he shall not be called upon to plead to the charge but shall be dealt with as if he had been convicted by the High Court of the offence concerned.Part XIV – Witnesses and evidence in criminal proceedings
A. Securing attendance of witnesses
229. Process for securing attendance of witnesses
230. Service of subpoenas
Service of subpoenas in criminal cases shall be effected in the manner provided by rules of court.231. Duty of witness to remain in attendance
Every witness duly subpoenaed to attend and give evidence at any criminal trial shall be bound to attend and to remain in attendance throughout the trial, unless excused by the court.232. Subpoenaing of witnesses or examination of persons in attendance by court
The court—233. Powers of court in case of default of witness in attending or giving evidence
234. Requiring witness to enter into recognizance
235. Absconding witnesses
236. Committal of witness who refuses to enter into recognizance
Any witness who refuses to enter into any recognizance in terms of section two hundred and thirty-four may be committed by the court by warrant to the prison for the place where the trial is to be held, there to be kept until after the trial or until the witness enters into such a recognizance before a magistrate having jurisdiction in the place where the prison is situated:Provided that, if the accused is afterwards discharged, any magistrate having jurisdiction shall order such witness to be discharged.237. Arrest and punishment for failure to obey subpoena or to remain in attendance
238. Service of subpoena to secure attendance of witness residing outside jurisdiction of court
239. Payment of expenses of persons attending court
B. Evidence on commission
240. Taking evidence on commission
241. Parties may examine witness
242. Return of commission
243. Adjournment of inquiry or trial
Where a commission is issued under section two hundred and forty, the trial or other criminal proceedings may be adjourned for a specified time, reasonably sufficient for the execution and return of the commission.[section amended by section 28 of Act 9 of 2006]C. Competency of witnesses
244. No person to be excluded from giving evidence except under this Act
Every person not expressly excluded by this Act from giving evidence shall be competent and compellable to give evidence in a criminal case in any court in Zimbabwe.[section amended by section 28 of Act 9 of 2006]245. Court to decide questions of competency of witnesses
It shall be competent for the court in which any criminal case is depending to decide upon all questions concerning the competency and compellability of any witness to give evidence.[section amended by section 28 of Act 9 of 2006]246. Incompetency from mental disorder or defect and intoxication
No person appearing or proved to be afflicted with idiocy or mental disorder or defect or labouring under any imbecility of mind arising from intoxication or otherwise, whereby he is deprived of the proper use of reason, shall be competent to give evidence while under the influence of any such malady or disability.247. Evidence for prosecution by husband or wife of accused
248. Evidence of accused and husband or wife on behalf of accused
D. Oaths and affirmations
249. Oaths
250. Affirmations in lieu of oaths
251. When unsworn or unaffirmed testimony admissible
Any person produced for the purpose of giving evidence who, from ignorance arising from youth, defective education or other cause, is found not to understand the nature or to recognize the religious obligation of an oath or affirmation may be admitted to give evidence in any court without being sworn or being upon oath or affirmation:Provided that—E. Admissibility of evidence
252. Inadmissibility of irrelevant evidence
No evidence as to any fact, matter or thing shall be admissible which is irrelevant or immaterial and cannot conduce to prove or disprove any point or fact at issue in the case which is being tried.253. Hearsay evidence
254. Admissibility of dying declarations
255. Admissibility in criminal cases of evidence of absent witnesses in certain circumstances
256. Admissibility of confessions and statements by accused
257. Failure of accused to mention certain facts to police may be treated as evidence
Where in any proceedings against a person evidence is given that the accused, on being—258. Admissibility of facts discovered by means of inadmissible confession
258A. Admissibility or inadmissibility of illegally-obtained evidence
259. Confession not admissible against other persons
No confession made by any person shall be admissible as evidence against any other person.260. Evidence of character—when admissible
Except as is provided in section two hundred and ninety, no evidence as to the character of the accused or as to the character of any woman on whose person any rape or assault with intent to commit a rape or indecent assault is alleged to have been committed shall, in any such case, be admissible or inadmissible if such evidence would be inadmissible or admissible in any similar case depending in the Supreme Court of Judicature of England.261. Evidence of genuineness of disputed writings
Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine shall be permitted to be made by witnesses, and such writings and the evidence of witnesses respecting the same may be submitted to the court or magistrate, as the case may be, as evidence of the genuineness or otherwise of the writing in dispute.[section amended by section 28 of Act 9 of 2006]262. Certified copy of record of criminal proceedings sufficient without production of record
When it is necessary to prove the trial and conviction or acquittal of any person charged with any offence, it shall not be necessary to produce the record of the conviction or acquittal of such person, or a copy thereof, but it shall be sufficient that it is certified or purports to be certified under the hand of the registrar or clerk of the court or other officer having the custody of the records of the court where such conviction or acquittal took place, or by the deputy of such registrar, clerk or other officer, that the paper produced is a copy of the record of the indictment, summons or charge and of the trial, conviction and judgment or acquittal, as the case may be, omitting the formal parts thereof.263. Issue estoppel
When it is legally competent, notwithstanding the former conviction of an accused, again to charge the accused with an offence arising out of the same act or omission upon which the former conviction was based, a certified copy of the record of the former proceedings shall be admissible on its mere production by the prosecutor as conclusive proof that the accused committed the former offence.264. Evidence of bodily appearance, health or prints of accused
265. Appointment to public office
Any evidence which would be admissible in any criminal case depending in the Supreme Court of Judicature of England as evidence of the appointment of any person to any office or of the authority of any person to act as a public officer shall be admissible in criminal cases in Zimbabwe.[section amended by section 28 of Act 9 of 2006]266. Proof of signature of public officer not necessary
In any criminal proceedings any document—266A. Admissibility of evidence obtained from certain foreign countries
F. Evidence of accomplices
267. Accomplices as witnesses for prosecution
268. Evidence of accomplice cannot be used against him
No evidence given by an accomplice on behalf of the prosecution at any trial in respect of any offence shall, if the said accomplice is thereafter prosecuted for such offence, be admissible in evidence against him at his trial:Provided that if such accomplice is subsequently prosecuted for perjury or for an offence in terms of subsection (3) of section one hundred and fifty arising from the giving of such evidence, nothing contained in this section shall prevent the admission against him in evidence at his trial for the said perjury or for such offence of the evidence so given.[section amended by section 28 of Act 9 of 2006]G. Sufficiency of evidence
269. Sufficiency of one witness in criminal cases, except perjury and treason
It shall be lawful for the court by which any person prosecuted for any offence is tried to convict such person of any offence alleged against him in the indictment, summons or charge under trial on the single evidence of any competent and credible witness:Provided that it shall not be competent for any court—270. Conviction on single evidence of accomplice, provided the offence is proved aliunde
Any court which is trying any person on a charge of any offence may convict him of any offence alleged against him in the indictment, summons or charge under trial on the single evidence of any accomplice:Provided that the offence has, by competent evidence other than the single and unconfirmed evidence of the accomplice, been proved to the satisfaction of such court to have been actually committed.271. Procedure on plea of guilty
272. Procedure where there is doubt in relation to plea of guilty
If the court, at any stage of the proceedings in terms of section two hundred and seventy-one and before sentence is passed—273. Conviction on confession
Any court which is trying any person on a charge of any offence may convict him of any offence with which he is charged by reason of a confession of that offence proved to have been made by him, although the confession is not confirmed by other evidence:Provided that the offence has, by competent evidence other than such confession, been proved to have been actually committed.274. Sufficiency of proof of appointment to public office
Any evidence which would, if credible, be considered in any criminal case depending in the Supreme Court of Judicature in England to be sufficient proof of the appointment of any person to any public office or of the authority of any person to act as a public officer shall, if credible, be deemed, in criminal cases in Zimbabwe, sufficient proof of such appointment or authority.H. Documentary evidence
275. Certified copies or extracts of documents admissible
276. Production of official documents
Any original document in the custody or under the control of any officer of the State by virtue of his office may be produced in any criminal proceedings before any court unless the Minister certifies in writing that it is undesirable that such original document should be so produced.[section amended by section 28 of Act 9 of 2006]277. Copies of official documents sufficient
278. Admissibility of affidavits in certain circumstances
279. Admissibility of photographs, plans and reports
280. ***
[section repealed by section 24 of Act 9 of 2006]281. Admissibility of documents transmitted to or made or possessed by accused
282. Admissibility of certain trade or business records
283. Weight to be attached to statements admissible under section 281 or 282
In estimating the weight, if any, to be attached to a statement admissible in terms of section two hundred and eighty-one or two hundred and eighty-two, a court shall have regard to all the circumstances, whether appearing from the document concerned or otherwise.284. Endorsements on negotiable instruments
I. Special provisions as to bankers books
285. Interpretation in sections 286, 287, 288, 289
In this section and in sections two hundred and eighty-six, two hundred and eighty-seven, two hundred and eighty-eight and two hundred and eighty-nine—“bank” means—286. Entries in bankers books and bankers documents admissible in evidence in certain cases
287. Examined copies admissible after due notice
288. Bank not compelled to produce any books unless ordered by court
A bank shall not be compelled to produce its bankers books or any bankers documents in any criminal proceedings unless the court specially orders that such bankers books or bankers documents shall be produced.289. Sections 286, 287 and 288 not to apply to proceedings to which bank is party
Nothing in sections two hundred and eighty-six, two hundred and eighty-seven and two hundred and eighty-eight shall apply to any criminal proceedings to which the bank whose bankers books or bankers documents may be required to be produced in evidence is a party.J. Privileges of witnesses
290. Privileges of accused persons when giving evidence
An accused person called as a witness upon his own application shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed, or has been convicted of, or has been charged with, any offence other than that with which he is then charged, or is of bad character, unless—291. Privilege arising out of marital state
292. No witness compellable to answer question which witness’ husband or wife might decline
No person shall be compelled to answer any question or to give any evidence if the question or evidence is such that under the circumstances the husband or wife of such person, if under examination as a witness, might lawfully refuse and could not be compelled to answer or give.293. Witness not excused from answering question by reason that answer would establish civil claim against him
A witness in criminal proceedings may not refuse to answer a question relevant to the issue, the answering of which has no tendency to accuse himself or to expose him to penalty or forfeiture of any nature whatsoever by reason only that the answering of such question may establish or tend to establish that he owes a debt or is otherwise subject to a civil suit.294. Privilege of professional advisers
No legal practitioner duly qualified to practise in any court, whether within Zimbabwe or elsewhere, shall be competent to give evidence against any person by whom he has been professionally employed or consulted, without the consent of that person, as to any fact, matter or thing as to which such legal practitioner, by reason of such employment or consultation and without such consent, would not be competent to give evidence in any similar proceedings depending in the Supreme Court of Judicature in England:Provided that no such legal practitioner shall in any proceedings, by reason of any such employment or consultation, be incompetent or not legally compellable to give evidence as to any fact, matter or thing relative to or connected with the commission of any offence for which the person by whom such legal practitioner has been so employed or consulted is in such proceedings prosecuted, when such fact, matter or thing came to the knowledge of such legal practitioner before he was professionally employed for or consulted with reference to the defence of such person against such prosecution.295. Privilege from disclosure of facts on grounds of public policy
No witness shall, except as in this Act is provided, be compellable or permitted to give evidence in any criminal proceedings as to any fact, matter or thing, or as to any communication made to or by such witness, as to which, if the case were depending in the Supreme Court of Judicature in England, such witness would not be compellable or permitted to give evidence by reason that such fact, matter or thing or communication, on grounds of public policy and from regard to public interest, ought not to be disclosed and is privileged from disclosure:Provided that it shall be competent for any person to produce or to give evidence of any communication alleging the commission of an offence at any trial upon a charge that the making of such communication constituted perjury or the statutory offence of making a false statement in an affidavit or solemn or attested declaration.[section amended by section 28 of Act 9 of 2006]296. Privilege arising out of state security
297. Witness excused from answering questions answers to which would expose him to penalties or degrade his character
No witness in any criminal proceedings shall, except as provided by this Act or any other enactment, be compelled to answer any question which, if he were under examination in any similar case depending in the Supreme Court of Judicature in England, he would not be compelled to answer by reason that his answer might have a tendency to expose him to any pains, penalty, punishment or forfeiture or to a criminal charge or to degrade his character:Provided that, notwithstanding anything to the contrary in this section, an accused person called as a witness on his own application in accordance with section two hundred and forty-eight may be asked any question in cross-examination, notwithstanding that it would tend to incriminate him as to the offence charged against him.K. Special rules of evidence in particular cases
298. Evidence on charge of treason
On the trial of a person charged with treason, evidence shall not be admitted of any overt act not alleged in the indictment, unless relevant to prove some other overt act alleged therein.299. Evidence on charge of perjury or subornation
On the trial of a person charged with an offence of which the giving of false testimony by any person at the trial of a person charged with an offence is an element, a certificate setting out the substance and effect only, without the formal parts, of the indictment, summons or charge, and the proceedings at the trial, and purporting to be signed by the officer having the custody of the records of the court where the indictment, summons or charge was tried, or by his deputy, shall be sufficient evidence of the trial without proof of the signature or official character of the person who appears to have signed the certificate.300. Evidence on charge of bigamy
301. Proof of marriage
When the fact that any lawful and binding marriage was contracted is relevant to the issue at any criminal trial, such fact shall be presumed unless the contrary is proved—302. Evidence of relationship on charge of incest
On the trial of a person charged with incest—302A. Testing of persons accused of sexual offences for HIV infection
303. Evidence on charge of infanticide or concealment of birth
304. Evidence as to counterfeit coin
When upon the trial of any person it becomes necessary to prove that any coin produced in evidence against him is false or counterfeit, it shall be sufficient to prove that fact by the evidence of any credible witness.305. Evidence on charge of receiving
306. Evidence of previous conviction on charge of receiving
When proceedings are taken against any person for having received stolen goods knowing them to be stolen, or for having in his possession stolen property or property obtained by means of an offence, and evidence has been given that the stolen property or property obtained by means of an offence has been found in his possession, then if such person has, within five years immediately preceding the time when such person was first charged before a magistrate with the offence for which he is being proceeded against, been convicted of an offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings and may be taken into consideration for the purpose of proving that the accused knew that the property which was proved to be in his possession was stolen or was property obtained by means of an offence:Provided that not less than three days’ notice in writing shall be given to the accused that proof is intended to be given of such previous conviction.307. Evidence of counterfeit coin
Upon the trial of any person accused of any offence respecting currency or coin, no difference in the date or year or in any legend marked upon the lawful coin described in the indictment and the date or year or legend marked upon the false coin counterfeited to resemble or pass for such lawful coin, or upon any die, plate, press, tool or instrument used, constructed, devised, adapted or designed for the purpose of counterfeiting or imitating any such lawful coin, shall be considered a just or lawful cause or reason for acquitting any such person of such offence, and it shall in any case be sufficient to prove such general resemblance to the lawful coin as will show an intention that the counterfeit should pass for it.308. Evidence on trial for defamation
On the trial of a person charged with the unlawful publication of defamatory matter which is contained in a periodical, after evidence sufficient in the opinion of the court has been given of the publication by the accused of the number or part of the periodical containing the matter complained of, other writings or prints purporting to be other numbers or parts of the same periodical previously or subsequently published and containing a printed statement that they were published by or for the accused shall be admissible in evidence on either side without further proof of their publication.309. Evidence on charge of theft against employee or agent
310. Evidence on charge relating to seals and stamps
On the trial of a person charged with any offence relating to any seal or stamp used for purposes of the public revenue or of the post office in any foreign country, a dispatch from the officer administering the government of such country, transmitting to the President any stamp, mark or impression and stating it to be a genuine stamp, mark or impression of a die, plate or other instrument provided, made or used by or under the direction of the proper authority of such country for the purpose of denoting any stamp duty or postal charge, shall be admissible as evidence of the facts stated in the dispatch, and the stamp, mark or impression so transmitted may be used by the court or witnesses for the purposes of comparison.L. Miscellaneous matters relating to evidence in criminal proceedings
311. Impounding documents
When any instrument which has been forged or fraudulently altered is admitted in evidence, the court, judge or person who admits the instrument may, at the request of the State or of any person against whom it is admitted in evidence, direct that it shall be impounded and kept in the custody of some officer of the court or other proper person for such period and subject to such conditions as to the court, judge or person admitting the instrument seems fit.312. Cutting counterfeit coin
If any false or counterfeit coin is produced on any trial for an offence against currency or coin, the court shall order the same to be cut in pieces in open court or in the presence of a magistrate, and then delivered to or for the lawful owner thereof if such owner claims the same.313. Unstamped instruments admissible in criminal cases
Any instrument liable to stamp duty shall be admitted in evidence in any criminal proceedings, although it may not be stamped as required by law.314. Admissions of fact
315. Presumption that accused possessed particular qualification or acted in particular capacity
If an act or omission constitutes an offence only when committed by a person possessing a particular qualification or vested with a particular authority or acting in a particular capacity, a person charged with such offence upon an indictment, summons or charge alleging that he possessed such qualification or was vested with such authority or was acting in such capacity shall, at his trial, be deemed to have possessed such qualification or to have been vested with such authority or to have been acting in such capacity at the time of the commission of the alleged offence, unless he has denied that allegation within three days of notice being served upon him calling upon him to admit it:Provided that if after the prosecutor has closed his case the allegation is denied or evidence is led to disprove it, the prosecutor may adduce any evidence and submit any argument in support of the allegation as if he had not closed his case.316. Impeachment and support of witness credibility
It shall be competent for any party in criminal proceedings to impeach or support the credibility of any witness called against or on behalf of that party in any manner and by any evidence in and by which, if the proceedings were before the Supreme Court of Judicature in England, the credibility of such witness might be impeached or supported by such party, and in no other manner and by no other evidence whatever:Provided that any such party who has called a witness who has given evidence in any such proceedings, whether that witness is or is not, in the opinion of the judge or judicial officer presiding at such proceedings, adverse to the party calling him, may, after the said party or the said judge or judicial officer has asked the witness whether he has or has not previously made a statement with which his testimony in the said proceedings is inconsistent and after sufficient particulars of the alleged previous statement to designate the occasion when it was made have been mentioned to the witness, prove that he previously made a statement with which his said testimony is inconsistent.317. Cases not provided for by this Part
In criminal proceedings, in any case not provided for in this Part, the law as to admissibility of evidence and as to the competency, examination and cross-examination of witnesses in force in criminal proceedings in the Supreme Court of Judicature in England shall be followed in like cases by the courts of Zimbabwe.318. English laws applicable
The laws in force in the Supreme Court of Judicature in England which are applied by this Act shall not include any amendment thereto made on or after the 1st June, 1927, by any statute of England.319. Saving as to special provisions in any other enactment
Nothing in this Part shall be construed as modifying those provisions of any enactment whereby in any criminal matter specially referred to or provided in such enactment a person is deemed to be a competent witness or certain specified facts and circumstances are deemed to be evidence, or a particular fact or circumstance may be proved in a manner specified therein.Part XIVA – Protection of vulnerable witnesses
319A. Interpretation in Part XIVA
In this Part—“intermediary” means a person appointed as an intermediary in terms of paragraph (i) of section three hundred and nineteen B:“support person” means a person appointed as a support person in terms of paragraph (ii) of section three hundred and nineteen B;“vulnerable witness” means a person for whom any measure has been or is to be taken in terms of section three hundred and nineteen B.319B. Measures to protect vulnerable witnesses
If it appears to a court in any criminal proceedings that a person who is giving or will give evidence in the proceedings is likely—319C. Factors to be considered in deciding whether or not to protect vulnerable witness
319D. Court to give parties opportunity to make representations
Before taking a measure under section three hundred and nineteen B, the court shall afford the parties to the proceedings an opportunity to make representations in the matter.319E. Court may rescind measure taken to protect vulnerable witness
Without derogation from any other law, a court may at any time rescind a measure taken by it under section three hundred and nineteen B, and shall do so if the court is satisfied that it is in the interests of justice to do so.319F. Persons who may be appointed as intermediaries or support persons
319G. Functions of intermediary or support person
319H. Weight to be given to evidence of witness for whom intermediary or support person appointed
When determining what weight, if any, should be given to the evidence of a vulnerable witness for whom an intermediary or a support person has been appointed, the court shall pay due regard to the effect of the appointment on the witness’s evidence and on any cross-examination of the witness.[Part as inserted by section 9 of Act 8 of 1997]Part XV – Discharge of accused persons
320. Dismissal of charge in default of prosecution
321. Liberation of accused persons
Any person who is acquitted on any indictment, summons or charge or whose case has been dismissed for want of prosecution shall forthwith be discharged from custody.322. Further proceedings against accused discharged for want of prosecution or whose recognizance has expired
Part XVI – Previous convictions, finger-prints, etc.
323. Previous conviction not to be charged in indictment
Except where the fact of a previous conviction is an essential element of the offence with which a person is charged, it shall not be lawful in any indictment, summons or charge against any person for any offence to allege that such person had been previously convicted of any offence, whether in Zimbabwe or elsewhere.[section as amended by Act 23 of 2004]324. Previous conviction not to be proved, except in certain circumstances
Except in circumstances specifically described in this Act, it shall not be lawful to prove at the trial of any person for any offence that he has been previously convicted of any offence, whether in Zimbabwe or elsewhere, or to ask any accused person, charged and called as a witness, whether he has been so convicted.325. Tendering admission of previous conviction after accused has pleaded guilty or been found guilty
When any person indicted before the High Court for any offence has been previously convicted of any offence, whether in Zimbabwe or elsewhere, it shall be lawful for the prosecutor if the accused has in terms of section eighty-six admitted that he has been so previously convicted and his admission has also been subscribed by the magistrate in accordance with that section, and if further he has pleaded guilty to or has been found guilty of the offence, and before sentence is pronounced, to tender the admission in proof of the previous conviction, and such admission shall be received by the court upon its mere production as proof of the previous conviction unless it is shown that the admission was not in fact duly made or that the signatures or marks thereto are not in fact the signatures or marks of the accused and the magistrate respectively:Provided that if the accused made the admission in terms of section eighty-six, but refused to subscribe the same by signature or mark, a solemn declaration signed by the magistrate in terms of section eighty-six, stating that the accused did so make the admission but refused to subscribe the same, shall, upon its mere production, be sufficient evidence that the accused admitted the previous conviction.326. Notice that proof of former conviction will be offered
327. Mode of proof of previous conviction
328. Taking of finger-prints, palm-prints or footprints after conviction
The court which has convicted an accused person may, at the request of the prosecutor, order that the finger-prints, palm-prints or footprints of that person be taken.329. Finger-print and other records to be prima facieevidence of previous conviction
Notwithstanding any provision of the law of evidence, any finger-print records, photographs or other documents purporting to be certified under the hand of any police officer, prison officer or immigration officer of Zimbabwe or elsewhere shall, at the trial of any person accused of any crime or offence, be admissible before any court as prima facie evidence against such accused person, either in proof of any previous conviction or of any other fact relative to the issue:Provided that the said finger-print records, photographs or documents shall be produced to such court by a police officer, prison officer or immigration officer of Zimbabwe having the custody for the time being of such finger-print records, photographs or documents.Part XVII – Judgment on criminal trial
330. Withdrawing charges
331. Arrest of judgment
332. Decision may be reserved
Any judge or magistrate presiding over a court before which any person is tried for an offence may reserve the giving of his final decision on questions raised at the trial, and his decision when given shall be considered as given at the time of trial.333. Sentence in High Court
334. Provisions applicable to sentences in all courts
334A. Sentencing guidelines
335. Consideration of other offences admitted by accused
Part XVIII – Punishments
335A. Interpretation in Part XVIII
In this Part—“community service” means any service for the benefit of the community or a section thereof which an offender is required to render in terms of community service order or an order made under section three hundred and forty-seven or three hundred and fifty-eight;“community service order” means an order under section three hundred and fifty A.[section inserted by section 10 of Act 8 of 1997]336. Nature of punishments
A. Sentence of death
337. Sentence for murder
338. Persons upon whom death sentence may not be passed
The High Court shall not pass sentence of death upon an offender who—339. Sentence of death
340. Copy of evidence to be transmitted to president
341. Examination of woman convicted of certain offences
342. Manner of carrying out death sentence
B. Imprisonment and fine
343. Cumulative or concurrent sentences
344. Discretion of court as to amount and nature of punishment
344A. Imprisonment for life
Subject to any other law, the effect of a sentence of imprisonment for life imposed on or after the date of commencement of the Criminal Procedure and Evidence Amendment Act, 1997, shall be that the person so sentenced shall remain imprisoned for the rest of his life.[section inserted by section 14 of Act 8 of 1997]345. Periodical imprisonment
346. Extended imprisonment
346A. ***
[section repealed by Act 23 of 2004]347. Imprisonment or community service in default of payment of fine
348. Recovery of fine
348A. Effect of part payment of fine or part performance of community service
349. Court may enforce payment of fine from moneys on accused or salary or wages of accused
Where a person is sentenced to pay a fine, whether with or without an alternative sentence of imprisonment, the court may, without prejudice to any other power under this Act relating to the payment of a fine, enforce payment of the fine, whether as to the whole or part thereof—350. Levy of fine and costs on conviction of defamation
When any person is convicted of the unlawful publication of any defamatory matter which was published by means of printing, the prosecutor may levy the fine, if any, and costs out of any property of the offender in like manner as in civil actions.350A. Community service orders
350B. Performance of community service
350C. Breach of community service order
350D. Amendment or revocation of community service order
C. Special provisions relating to punishment of juveniles
351. Manner of dealing with convicted juveniles
352. Period of retention or supervision
353. Corporal punishment of male juveniles
D. Recognizances
354. Recognizances to keep the peace and be of good behaviour
355. Recognizances to appear for judgment
When a person is convicted of an offence not punishable with death, the High Court may, instead of passing sentence, discharge the offender upon his entering into his own recognizances, with or without sureties, in such sum as the court may think fit to appear and receive judgment at some future sitting of the court or when called upon.E. General and miscellaneous provisions as to punishments
356. Payment by accused persons of fines which may be imposed for minor offences in lieu of appearance in court
357. Adjudication of minor cases in absence of accused
358. Powers of courts as to postponement or suspension of sentences
359. Magistrates court not to impose sentences of less than four days
No person shall be sentenced by a magistrates court to imprisonment for a period of less than four days, unless the sentence is that the offender be detained until the rising of the court.360. ***
[section repealed by section 282 of Act 23 of 2004]Part XIX – Compensation and restitution
361. Interpretation in Part XIX
In this Part—“injured party” means a person who is entitled to—362. Compensation for loss of or damage to property
363. Compensation for personal injury
Subject to this Part, a court which has convicted a person of an offence may forthwith award compensation to any person who has suffered personal injury as a direct result of the offence.364. Compensation to innocent purchaser of property
Subject to this Part, where—365. Restitution of unlawfully obtained property
366. Cases where award or order not to be made
367. Maximum amount of award or order
Notwithstanding any enactment limiting the civil jurisdiction of the court concerned, any court, including the court of a regional magistrate, may—368. Application for award or order
369. Evidence in connection with awards and orders
For the purpose of determining—370. No payment of security de restituendo where court makes award against accused
Where a court makes an award or order in terms of this Part it shall not require the injured party to give security for the repayment of the compensation or the return of the property.[section substituted by section 4 of Act 5 of 2011]371. Liability under awards and orders to be joint and several
Where a court makes an award or order in terms of this Part against two or more convicted persons, their liability under the award or order shall be joint and several, unless in any particular case the court orders otherwise.372. Enforcement of awards and orders
373. Payment of award out of moneys taken from or held on behalf of convicted person
Where—374. Person granted award or order debarred from further civil remedy
A convicted person against whom an award or order has been made in terms of this Part shall not be liable at the suit of the injured party in whose favour the award or order was made to any other civil proceedings other than proceedings for the enforcement of the award or order in respect of—375. Part XIX not to derogate from other laws relating to compensation or restitution
Part XX – Pardon and commutation
376. Saving of president’s prerogative of mercy
Nothing in this Act shall affect the prerogative of mercy of the President.377. President may commute sentence
378. Exercise of prerogative of mercy in respect of offenders under sentence of imprisonment
The President may, in any case not referred to in section three hundred and seventy-seven, exercise the prerogative of mercy in respect of an offender under sentence of imprisonment without the consent of the offender and—379. Reference of case by minister for appeal or opinion
Where—(a)a person convicted of an offence has exhausted all legal remedies by way of appeal or review in regard to his conviction or the sentence imposed upon him, or where such remedies are no longer available to him; and(b)it appears to the Minister that there is further evidence which, if true, might reasonably affect the conviction or the sentence;the Minister may—(i)refer to the Supreme Court any particular point arising in the case on which the Minister desires the Court’s opinion, in which event the Supreme Court shall consider the point and furnish the Minister with its opinion thereon; or(ii)refer the whole case to the Supreme Court, in which event the case shall be treated for all purposes as an appeal or fresh appeal, as the case may be, to the Supreme Court by the convicted person and the Supreme Court may exercise any of the powers conferred upon it by the Supreme Court Act [Chapter 7:13], including the power to hear further evidence or to remit the case to the court or tribunal of first instance for further hearing and the power to review the proceedings in the case.Part XXI – General
380. Force of process
Every warrant or summons or other process relating to any criminal matter shall be of force throughout, and may be executed anywhere within, Zimbabwe.381. Institution of fresh proceedings when conviction set aside on appeal
When a conviction and a sentence are set aside by the Supreme Court or the High Court or a judge thereof on the ground that—382. How documents to be served
383. Mode of proving service of process
When it is necessary to prove service of any summons, subpoena, notice or other process or the execution of any judgment or warrant under this Act, the service or execution may be proved by affidavit made before a justice having jurisdiction to take affidavits in the area wherein the affidavit is made or in any other manner in which the service or execution might have been proved if it had been effected in the area wherein the summons, subpoena, notice or other process or judgment or warrant emanated.384. Transmission of summonses and writs by telegraph
Any summons, writ, warrant, rule, order, notice or other process, document or communication which, by any enactment or agreement of parties, is required or directed to be served or executed upon any person or left at the house or place of abode or business of any person in order that such person may be affected thereby, may be transmitted by telegraph, and a telegraphic copy served or executed upon such person or left at his house or place of abode or business shall be of the same effect as if the original had been shown to, or a copy thereof served or executed upon, such person, or left as aforesaid, as the case may be.385. Prosecution of corporations and members of associations
385A. Rights of arrested or detained persons and interested parties
386. Provisions as to offences under two or more laws
Where an act or omission constitutes an offence under two or more enactments the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either enactment or, as the case may be, under the enactment or the common law, but shall not be liable to more than one punishment for the act or omission constituting the offence.[subsection amended by section 28 of Act 9 of 2006]387. Estimating age of person
If in any criminal proceedings the age of any person is a relevant fact of which no or insufficient evidence is available in those proceedings, the judge or magistrate may estimate the age of such person by his appearance or from any information, including hearsay evidence, which may be available, and the age so estimated shall be deemed to be such person’s correct age unless it is subsequently proved that the said estimate was incorrect.388. Binding over of persons to keep the peace
389. Regulations
History of this document
03 December 2021 amendment not yet applied
Amended by
Cyber and Data Protection Act, 2021
23 October 2020 amendment not yet applied
31 December 2016 this version
Consolidation
01 June 1927
Commenced