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ARRANGEMENT OF SECTIONS.
CHAPTER I
PRELIMINARY.
CHAPTER II
TERRITORIAL APPLICATION OF THE CODE.
CHAPTER III
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY.
CHAPTER IV
PARTIES TO AND PERSONS INCITING TO COMMIT OFFENCES.
CHAPTER V
PUNISHMENT FOR MISDEMEANOURS.
DIVISION I
OFFENCES AGAINST PUBLIC ORDER.
CHAPTER VI
TREASON AND OFFENCES AGAINST THE STATE.
CHAPTER VII
OFFENCES AFFECTING RELATIONS WITH FOREIGN STATES AND EXTERNAL TRANQUILLITY.
CHAPTER VIII
UNLAWFUL ASSEMBLIES, RIOTS AND OTHER OFFENCES AGAINST PUBLIC TRANQUILLITY.
DIVISION II
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY.
CHAPTER IX
CORRUPTION AND THE ABUSE OF OFFICE.
CHAPTER X
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE.
CHAPTER XI
RESCUES, ESCAPES AND OBSTRUCTING OFFICERS OF COURT OF LAW.
CHAPTER XII
MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY.
DIVISION III
OFFENCES INJURIOUS TO THE PUBLIC IN GENERAL.
CHAPTER XIII
OFFENCES RELATING TO RELIGION.
CHAPTER XIV
OFFENCES AGAINST MORALITY.
CHAPTER XV
OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS.
CHAPTER XVI
NUISANCES AND OFFENCES AGAINST HEALTH AND CONVENIENCE.
CHAPTER XVII
DEFAMATION.
DIVISION IV
OFFENCES AGAINST THE PERSON.
CHAPTER XVIII
MURDER AND MANSLAUGHTER.
CHAPTER XIX
DUTIES RELATING TO THE PRESERVATION OF LIFE AND HEALTH.
CHAPTER XX
OFFENCES CONNECTED WITH MURDER AND SUICIDE.
CHAPTER XXI
OFFENCES ENDANGERING LIFE OR HEALTH.
CHAPTER XXII
CRIMINAL RECKLESSNESS AND NEGLIGENCE.
CHAPTER XXIII
ASSAULTS.
CHAPTER XXIV
OFFENCES AGAINST LIBERTY.
DIVISION V
OFFENCES RELATING TO PROPERTY.
CHAPTER XXV
THEFT.
CHAPTER XXVI
OFFENCES ALLIED TO STEALING.
CHAPTER XXVII
ROBBERY AND EXTORTION.
CHAPTER XXVIII
BURGLARY, HOUSEBREAKING AND SIMILAR OFFENCES.
CHAPTER XXIX
FALSE PRETENCES.
CHAPTER XXX
RECEIVING PROPERTY STOLEN OR UNLAWFULLY OBTAINED AND LIKE OFFENCES.
CHAPTER XXXI
FRAUDS BY TRUSTEES AND PERSONS IN A POSITION OF TRUST AND FALSE ACCOUNTING.
DIVISION VI
MALICIOUS INJURIES TO PROPERTY.
CHAPTER XXXII
OFFENCES CAUSING INJURY TO PROPERTY.
DIVISION VII
FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES.
CHAPTER XXXIII
DEFINITIONS.
CHAPTER XXXIV
PUNISHMENT FOR FORGERY.
CHAPTER XXXV
OFFENCES RELATING TO COIN AND BANK AND CURRENCY NOTES.
CHAPTER XXXVI
COUNTERFEIT STAMPS.
CHAPTER XXXVIII
PERSONATION.
CHAPTER XXXIX
CHEQUES.
DIVISION VIII
ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMES, AND ACCESSORIES AFTER THE FACT.
CHAPTER XL
ATTEMPTS.
CHAPTER XLI
CONSPIRACIES.
CHAPTER XLII
ACCESSORIES AFTER THE FACT.
CHAPTER 120
PENAL CODE ACT.
Commencement: 15 June, 1950.
An Act to establish a code of criminal law.
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.
In this Code, unless the context otherwise requires—
(a) "Code" means this Penal Code;
(b) "court" means a court of competent jurisdiction;
(c) "dangerous harm" means harm endangering life;
(d) "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;
(e) "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;
(f) "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) "misdemeanour" means any offence which is not a felony;
(o) "money" includes bank notes, bank drafts, cheques and any other orders, warrants or requests for the payment of money;
(p) "monogamous marriage" means a marriage which is by law necessarily monogamous and binding during the lifetime of both parties unless dissolved by a valid judgment of the court;
(q) "night" or "nighttime" means the interval between half-past six o'clock in the evening and half-past six o'clock in the morning;
(r) "oath" includes affirmation or declaration;
(s) "offence" is an act, attempt or omission punishable by law;
(t) "person" and "owner" and other like terms when used with reference to property include corporations of all kinds and any other association of persons capable of owning property, and also when so used include the Government;
(u) "person employed in the public service" means any person holding any of the following offices or performing the duty of the office, whether as a deputy or otherwise—
(i) any civil office the power of appointing a person to which or of removing from which is vested in any person or in any public commission or board;
(ii) any office to which a person is appointed or nominated by any written law;
(iii) any civil office, the power of appointing to which or removing from which is vested in any person or persons holding an office of any kind included in paragraph (i) or (ii) of this definition; or
(iv) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any court, or in pursuance of any written law,
and the term further includes—
(v) a justice of the peace;
(vi) a member of a commission of inquiry appointed under or in pursuance of any written law;
(vii) any person employed to execute any process of a court;
(viii) all persons belonging to the armed forces of Uganda;
(ix) all persons in the employment of the Government or the administration of a district;
(x) a person acting as a minister of religion of any denomination insofar as he or she performs functions in respect of the notification of intending marriage or in respect of the solemnisation of marriage or in respect of the making or keeping of any register or certificate of marriage, birth, baptism, death or burial, but not in any other respect;
(xi) a person in the employ of an urban authority;
(v) "possession", "be in possession of" or "have in possession" includes not only having in one's own personal possession, but also having anything in the actual possession or custody of any other person, or having anything in any place (whether belonging to or occupied by oneself or not) for the use or benefit of oneself or of any other person; if there are two or more persons and any one or more of them with the knowledge and consent of the rest has or have anything in his or her or their custody or possession, it shall be deemed and taken to be in the custody and possession of each and all of them;
(w) "property" includes everything animate or inanimate capable of being the subject of ownership;
(x) "public" refers not only to all persons within Uganda, but also to the persons inhabiting or using any particular place, or any number of such persons, and also to such indeterminate persons as may happen to be affected by the conduct in respect to which that expression is used;
(y) "public body" has the meaning assigned to it under section 1 of the Prevention of Corruption Act;
(z) "publicly", when applied to acts done, means either—
(i) that they are so done in any public place as to be seen by any person whether such person is or is not in a public place; or
(ii) that they are so done in any place not being a public place as to be likely to be seen by any person in a public place;
(aa) "public place" or "public premises" includes any public way and any building, place or conveyance to which, for the time being, the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings or assembly or as an open court;
(bb) "public way" includes any highway, marketplace, square, street, bridge or other way which is lawfully used by the public;
(cc) "utter" means and includes using or dealing with and attempting to use or deal with and attempting to induce any person to use, deal with or act upon the thing in question;
(dd) "valuable security" includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property;
(ee) "vehicle" includes any kind of bicycle or tricycle;
(ff) "vessel" includes a ship, a boat and every other kind of vessel used in navigation either on the sea or in inland waters, and includes aircraft;
(gg) "wife" means wife of a monogamous marriage;
(hh) "wound" means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.
3. Saving of certain laws.
Nothing in this Code shall affect—
(a) the liability, trial or punishment of a person for an offence against any other written law in force in Uganda other than this Code;
(b) the liability of a person to be tried or punished for an offence under the provisions of any law in force in Uganda relating to the jurisdiction of Uganda courts in respect of acts done beyond the ordinary jurisdiction of such courts;
(c) the power of any court to punish a person for contempt of such court;
(d) the liability or trial of a person, or the punishment of a person under any sentence passed or to be passed, in respect of any act done or commenced before the commencement of this Code;
(e) any power of the President to grant any pardon or to remit or commute in whole or in part or to respite the execution of any sentence passed or to be passed; or
(f) any of the written laws for the time being in force for the government of the armed forces of Uganda or any police force established in Uganda,
except that if a person does an act which is punishable under this Code and is also punishable under another written law of any of the kinds mentioned in this section, he or she shall not be punished for that act both under that written law and also under this Code.
CHAPTER II
TERRITORIAL APPLICATION OF THE CODE.
4. Extent of jurisdiction of courts.
(1) The jurisdiction of the courts of Uganda for the purposes of this Code extends to every place within Uganda.
(2) Notwithstanding subsection (1), the courts of Uganda shall have jurisdiction to try offences created under sections 23, 24, 25, 27 and 28 committed outside Uganda by a Uganda citizen or person ordinarily resident in Uganda.
(3) For the avoidance of doubt, the offences referred to in subsection (2) committed outside Uganda by a Ugandan citizen or a person ordinarily resident in Uganda shall be dealt with as if they had been committed in Uganda.
5. Offences committed partly within and partly beyond the jurisdiction.
When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if such act had been done wholly within the jurisdiction.
CHAPTER III
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY.
6. Ignorance of law.
Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the law by the offender is expressly declared to be an element of the offence.
7. Claim of right.
A person is not criminally responsible in respect of an offence relating to property if the act done or omitted to be done by the person with respect to the property was done in the exercise of an honest claim of right and without intention to defraud.
8. Intention and motive.
(1) Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his or her will or for an event which occurs by accident.
(2) Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or in part, by an act or omission, the result intended to be caused by an act or omission is immaterial.
(3) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.
9. Mistake of fact.
(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he or she believed to exist.
(2) The operation of this section may be excluded by the express or implied provisions of the law relating to the subject.
10. Presumption of sanity.
Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.
A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he or she is through any disease affecting his or her mind incapable of understanding what he or she is doing or of knowing that he or she ought not to do the act or make the omission; but a person may be criminally responsible for an act or omission, although his or her mind is affected by disease, if that disease does not in fact produce upon his or her mind one or other of the effects mentioned in this section in reference to that act or omission.
(1) Except as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if by reason of the intoxication the person charged at the time of the act or omission complained of did not know that the act or omission was wrong or did not know what he or she was doing and—
(a) the state of intoxication was caused without his or her consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3) Where the defence under subsection (2) is established, then in a case falling under subsection (2)(a) the accused person shall be discharged; and in a case falling under subsection (2)(b), the provisions of the Magistrates Court Act relating to insanity shall apply.
(4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he or she would not be guilty of the offence.
(5) For the purposes of this section, "intoxication" shall be deemed to include a state produced by narcotics or drugs.
13. Judicial officers.
Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him or her in the exercise of his or her judicial functions, although the act done is in excess of his or her judicial authority or although he or she is bound to do the act omitted to be done.
A person is not criminally responsible for an offence if it is committed by two or more offenders and if the act is done or omitted only because during the whole of the time in which it is being done or omitted the person is compelled to do or omit to do the act by threats on the part of the other offender or offenders instantly to kill him or her or do him or her grievous bodily harm if he or she refuses; but threats of future injury do not excuse any offence.
15. Defence of person or property and rash, reckless and negligent acts.
Subject to any express provisions in this Code or any other law in force in Uganda, criminal responsibility—
(a) for the use of force in the defence of person and property; and
(b) in respect of rash, reckless or negligent acts,
shall be determined according to the principles of English law.
16. Use of force in effecting arrest.
Where any person is charged with a criminal offence arising out of the arrest, or attempted arrest, by him or her of a person who forcibly resists the arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of that person, have regard to the gravity of the offence which had been or was being committed by the person and the circumstances in which the offence had been or was being committed by the person.
17. Compulsion by husband.
A married woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband; but on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.
18. Person not to be punished twice for same offence.
A person shall not be punished twice either under this Code or under any other law for the same offence.
CHAPTER IV
PARTIES TO AND PERSONS INCITING TO COMMIT OFFENCES.
19. Principal offenders.
(1) When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence and may be charged with actually committing it—
(a) every person who actually does the act or makes the omission which constitutes the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
(c) every person who aids or abets another person in committing the offence.
(2) Any person who procures another to do or omit to do any act of such a nature that if he or she had done the act or made the omission the act or omission would have constituted an offence on his or her part, is guilty of an offence of the same kind and is liable to the same punishment as if he or she had done the act or made the omission; and he or she may be charged with doing the act or making the omission.
20. Joint offenders in prosecution of common purpose.
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of that purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of that purpose, each of them is deemed to have committed the offence.
21. Incitement to commit an offence.
(1) When a person incites any other person to commit an offence punishable with death, whether or not any offence is committed in consequence of the incitement, and no express provision is made by this Code or any other law for the punishment of that incitement, he or she is liable to imprisonment for 10 years.
(2) When a person incites any other person to commit an offence punishable other than by death, whether or not any offence is committed in consequence of the incitement, and no express provision is made by this Code or any other law for the punishment of the incitement, he or she is liable to a term of imprisonment not exceeding one-fourth of the term of imprisonment provided for the offence which he or she incited the other person to commit or when the offence is punishable by a fine only by such fine as is provided for the offence or when the offence is punishable by both a fine and imprisonment by both one-fourth of the imprisonment provided for and the fine.
(3) Notwithstanding subsection (2), if the person who incites the commission of an offence under that subsection is a public servant whose duty it is to prevent the commission of that offence, he or she is liable to a term of imprisonment not exceeding one-half of the term of imprisonment provided for the offence which he or she incited the other person to commit or when the offence is punishable by a fine only by such fine as is provided for the offence or when the offence is punishable by both a fine and imprisonment by both one-half of the imprisonment provided for and the fine.
CHAPTER V
PUNISHMENT FOR MISDEMEANOURS.
22. General punishment for misdemeanours.
When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a period not exceeding two years.
23. Treason and offences against the State.
(1) Any person who—
(a) levies war against the Republic of Uganda;
(b) unlawfully causes or attempts to cause the death of the President or, with intent to maim or disfigure or disable, unlawfully wounds or does any harm to the person of the President, or aims at the person of the President any gun, offensive weapon, pistol or any description of firearm, whether it contains any explosive or destructive substance or not;
(c) contrives any plot, act or matter and expresses or declares such plot, act or matter by any utterance or by any overt act in order, by force of arms, to overturn the Government as by law established;
(d) aids or abets another person in the commission of the foregoing acts, or becomes an accessory before or after the fact to any of the foregoing acts or conceals any of those acts,
commits an offence and shall suffer death.
(2) Any person who forms an intention to effect any of the following purposes—
(a) to compel by force or constrain the Government as by law established to change its measures or counsels or to intimidate or overawe Parliament; or
(b) to instigate any person to invade the Republic of Uganda with an armed force,
and manifests any such intention by an overt act or by any utterance or by publishing any printing or writing, commits an offence and shall suffer death.
(3) Any person who advisedly attempts to effect any of the following purposes—
(a) to incite any person to commit an act of mutiny or any treacherous or mutinous act; or
(b) to incite any such person to make or endeavour to make a mutinous assembly,
commits an offence and is liable to suffer death.
(4) Any person who advisedly attempts to seduce any person serving in the armed forces or any member of the police force or prison services or any other security service, by whatever name called, from his or her duty and allegiance to the Constitution commits an offence and is liable to suffer death.
24. Penalty for acts intended to alarm, annoy or ridicule the President.
Any person who, with intent to alarm or annoy or ridicule the President—
(a) wilfully throws any matter or substance at or upon the person of the President;
(b) wilfully strikes the person of the President; or
(c) assaults or wrongfully restrains the person of the President,
commits an offence and is liable to imprisonment for life.
DIVISION I
OFFENCES AGAINST PUBLIC ORDER.
CHAPTER VI
TREASON AND OFFENCES AGAINST THE STATE.
25. Concealment of treason.
Any person who knowing that any person intends to commit treason does not give information thereof with all reasonable dispatch to the Minister, an administrative officer, a magistrate or an officer in charge of a police station, or use all reasonable endeavours to prevent the commission of the offence of treason commits the offence of misprision of treason and is liable on conviction to imprisonment for life.
27. Promoting war on chiefs, etc.
Any person who, without lawful authority, or by reason of his or her office, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any chief, body or group of persons commits an offence and is liable on conviction to imprisonment for life.
28. Time within which to commence prosecution.
No person shall be tried for an offence under section 23, except an offence under section 23(1)(b), 24, 25 or 27, unless the prosecution is commenced within five years after the commission of the offence.
29. Aiding soldiers or policemen in acts of mutiny.
(a) aids, abets or is accessory to any act of mutiny by; or
(b) incites to sedition or to disobedience to any lawful order given by a superior officer,
any non-commissioned officer or member of the armed forces of Uganda or any police officer commits an offence and is liable to imprisonment for a term not exceeding five years.
30. Inducing soldiers or policemen to desert.
Any person who, by any means, directly or indirectly—
(a) procures or persuades or attempts to procure or persuade to desert;
(b) aids, abets or is accessory to the desertion of; or
(c) having reason to believe he or she is a deserter, harbours or aids in concealing,
any non-commissioned officer or member of the armed forces of Uganda or any police officer commits an offence and is liable to imprisonment for a term not exceeding five years.
31. Aiding prisoners of war to escape.
(1) Any person who knowingly and advisedly aids an alien enemy of the Republic of Uganda, being a prisoner of war in Uganda, whether the prisoner is confined in a prison or elsewhere or is suffered to be at large on parole, to escape from that prison or place of confinement or, if he or she is at large on parole, to escape from Uganda, commits an offence and is liable on conviction to imprisonment for life.
(2) Any person who negligently and unlawfully permits the escape of any person as described in subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.
32. Definition of overt act.
For the purposes of any offence defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act in furtherance of the commission of the offence defined or every act of conspiring with any person to effect that purpose and every act done in furtherance of the purpose by any of the persons conspiring shall be deemed to be an overt act manifesting the intention.
33. Interpretation of import, publication, etc.
For the purposes of sections 34, 35, 36, 38, 39, 40, 42, 43 and 44—
(a) "import" includes—
(i) to bring into Uganda; and
(ii) to bring within the inland waters of Uganda, whether or not the publication is brought ashore and whether or not there is an intention to bring the publication ashore;
(b) "inland waters" includes all lakes, rivers, creeks and lagoons of Uganda;
(c) "periodical publication" includes every publication issued periodically or in parts or numbers at intervals whether regular or irregular;
(d) "publication" includes all written and printed matter and any gramophone or other record, perforated roll, cinematograph film or other contrivance by means of which any words or ideas may be mechanically produced, represented or conveyed, and everything whether of a nature similar to the foregoing or not, containing any visible representation or by its form, shape or in any manner capable of producing, representing or conveying words or ideas, and every copy and reproduction of any publication so defined;
(e) "seditious publication" means a publication having a seditious intention.
34. Power to prohibit importation of publications, etc.
(1) Whenever the Minister considers it in the public interest so to do, he or she may, in his or her absolute discretion, prohibit, by statutory order, the importation of all publications or any of them, periodical or otherwise; and where the prohibition is in respect of any periodical publications, the same or any subsequent order may relate to all or any of the past or future issues of a periodical publication.
(2) The Minister may, by writing under his or her hand, at any time, and from time to time, exempt any of the publications the importation of which has been prohibited under this section, or permit any person or class of persons to import all or any of such publications.
35. Offences in relation to publications, the importation of which is prohibited.
(1) Any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication, the importation of which has been prohibited under section 34, or any extract from such publication, commits an offence and is liable for a first offence to imprisonment for two years or to a fine not exceeding 2,000 shillings or to both such imprisonment and fine, and for a subsequent offence to imprisonment for three years; and such publication or extract from it shall be forfeited to the Government.
(2) Any person who without lawful excuse has in his or her possession any publication the importation of which has been prohibited under section 34, or any extract from such publication, commits an offence and is liable for a first offence to imprisonment for one year or to a fine not exceeding 1,000 shillings or to both such imprisonment and fine, and for a subsequent offence to imprisonment for two years; and such publication or extract from it shall be forfeited to the Government.
36. Delivery of prohibited publications.
(a) to whom any publication, the importation of which has been prohibited under section 34, or any extract from such publication, is sent without his or her knowledge or privity, or in response to a request made before the prohibition of the importation of such publication came into effect; or
(b) who has any such publication or extract from such publication in his or her possession at the time when the prohibition of its importation comes into effect,
shall forthwith, if or as soon as the nature of its contents has become known to him or her, or in the case of a publication or extract from such publication coming into the possession of such person before the order prohibiting its importation has been made, forthwith upon the coming into effect of an order prohibiting the importation of the publication, deliver such publication or extract from it to the nearest administrative officer or to the officer in charge of the nearest police station.
(2) Any person who contravenes any provision of subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding 30,000 shillings or to both such imprisonment and fine.
(3) Any publication or extract from it which is the subject matter of a conviction under subsection (2) shall be forfeited to the Government.
(4) Any person who complies with subsection (1), or who is convicted of an offence under that subsection, shall not be liable to be convicted for having imported or having in his or her possession the same publication or extract from it.
37. Publication of information prejudicial to security.
(1) A person who publishes or causes to be published in a book, newspaper, magazine, article or any other printed matter, information regarding military operations, strategies, troop location or movement, location of military supplies or equipment of the armed forces or of the enemy, which publication is likely to—
(a) endanger the safety of any military installations, equipment or supplies or of the members of the armed forces of Uganda;
(b) assist the enemy in its operations; or
(c) disrupt public order and security,
commits an offence and is liable on conviction to imprisonment for a term not exceeding seven years.
(2) For the purposes of this section, "enemy" includes a person or group of persons engaged in waging war or war-like activities against the Republic of Uganda.
(3) A person shall not be prosecuted for an offence under this section without the written consent of the Director of Public Prosecutions.
38. Power to examine packages.
(1) Any of the following officers—
(a) any police officer not below the rank of inspector;
(b) any other officer authorised in that behalf by the Minister,
may detain, open and examine any package or article which he or she suspects to contain any publication or extract from a publication which it is an offence under section 35 to import, publish, sell, offer for sale, distribute, reproduce or possess and during such examination may detain any person importing, distributing or posting such package or article or in whose possession such package or article is found.
(2) If any such publication or extract from it is found in such package or article, the whole package or article may be impounded and retained by the officer; and the person importing, distributing or posting it or in whose possession it is found may forthwith be arrested and proceeded against for the commission of an offence under section 35 or 36, as the case may be.
39. Seditious intention.
(1) A seditious intention shall be an intention—
(a) to bring into hatred or contempt or to excite disaffection against the person of the President, the Government as by law established or the Constitution;
(b) to excite any person to attempt to procure the alteration, otherwise than by lawful means, of any matter in state as by law established;
(c) to bring into hatred or contempt or to excite disaffection against the administration of justice;
(d) to subvert or promote the subversion of the Government or the administration of a district.
(2) For the purposes of this section, an act, speech or publication shall not be deemed to be seditious by reason only that it intends—
(a) to show that the Government has been misled or mistaken in any of its measures;
(b) to point out errors or defects in the Government or the Constitution or in legislation or in the administration of justice with a view to remedying such errors or defects;
(c) to persuade any person to attempt to procure by lawful means the alteration of any matter as by law established.
(3) For the purposes of this section, in determining whether the intention with which any act was done, any words were spoken or any document was published was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his or her conduct at the time and in the circumstances in which he or she was conducting himself or herself.
40. Seditious offences.
(1) Any person who—
(a) does or attempts to do or makes any preparation to do, or conspires with any person to do, any act with a seditious intention;
(b) utters any words with a seditious intention;
(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication;
(d) imports any seditious publication, unless he or she has no reason to believe, the proof of which shall lie on him or her, that it is seditious,
commits an offence and is liable on first conviction to imprisonment for a term not exceeding five years or to a fine not exceeding 50,000 shillings or to both such imprisonment and fine, and for a subsequent conviction to imprisonment for a term not exceeding seven years.
(2) Any person who, without lawful excuse, has in his or her possession any seditious publication commits an offence and is liable on first conviction to imprisonment for a term not exceeding three years or to a fine not exceeding 30,000 shillings or to both such imprisonment and fine, and on a subsequent conviction to imprisonment for five years.
(3) Any publication in respect of a conviction under subsection (1) or (2) shall be forfeited to the Government.
(4) It shall be a defence to a charge under subsection (2) that if the person charged did not know that the publication was seditious when it came into his or her possession, he or she did, as soon as the nature of the publication became known to him or her, deliver the publication to the nearest administrative officer or to the officer in charge of the nearest police station.
41. Promoting sectarianism.
(1) A person who prints, publishes, makes or utters any statement or does any act which is likely to—
(a) degrade, revile or expose to hatred or contempt;
(b) create alienation or despondency of;
(c) raise discontent or disaffection among; or
(d) promote, in any other way, feelings of ill will or hostility among or against,
any group or body of persons on account of religion, tribe or ethnic or regional origin commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.
(2) It shall be a defence to a charge under subsection (1) if the statement was printed, published, made or uttered, or the act was done with a view to exposing, discouraging or eliminating matters which promote or have a tendency to promote sectarianism.
(3) Sections 42, 43 and 44 shall apply to a charge under subsection (1).
42. Power of courts to confiscate printing machines and prohibit publication.
(1) When any person is convicted of printing a seditious publication, the court may, in addition to any other penalty it may impose, order the printing machine on which the publication was printed to be confiscated for a period not exceeding one year, whether or not the person convicted is the owner of the machine.
(2) When any proprietor, publisher, printer or editor of a newspaper, as defined in the Press and Journalist Act, is convicted of printing or publishing a seditious publication in a newspaper, the court may, in addition to any other punishment it may impose and in addition to ordering the confiscation of the printing machine, make an order prohibiting any further publication of the newspaper for a period not exceeding one year.
(3) A court may, at any time, on the application of the Director of Public Prosecutions, revoke any order made by it confiscating a printing machine or prohibiting further publication of a newspaper.
(4) A court before ordering the confiscation of a printing machine under subsection (1) shall satisfy itself by evidence on oath as to the machine on which the seditious publication was printed.
(5) For the purposes of this section, "printing machine" includes all the machines and type used in producing or reproducing the seditious publication.
(6) In any case where the printing machine has been ordered to be confiscated under this section, the Inspector General of Police may in his or her discretion cause—
(a) the machine or any part of it to be removed; or
(b) any part of the machine to be sealed so as to prevent its use,
but the owner of the machine or his or her agents shall be entitled to reasonable access to the machine to maintain it in proper working order.
(7) The Inspector General of Police shall not be liable for any damage caused
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