Zambia

The Penal Code Act

PART II-CRIMES

DIVISION II
OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

115. Advertisements for stolen property

Any person who-

(a) publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested ; or
(b) publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced or any other sum of money or reward for the return of such property ; or
(c) prints or publishes any such offer ;
is guilty of a misdemeanour.

116. Contempt of court

(1) Any person who-

(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken ; or
(b) having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room ; or
(c) causes an obstruction or disturbance in the course of a judicial proceeding ; or
(d) while a judicial proceeding is pending, makes use of any speech or writing, misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken ; or
(e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private ; or
(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding either before or after he has given evidence, in connection with such evidence ; or
(g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding ; or
(h) retakes possession of land from any person who has recently obtained possession by a writ of court ; or
(i) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken ;
is guilty of a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding seven hundred and fifty penalty units.

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

(3) The provisions of this section shall be deemed to be in addition to and not in derogation from the power of a court to punish for contempt of court.
(As amended by No. 26 of 1940 and Act No. 13 of 1994)

Keywords

Sanctions for misconduct before the court - national proceedings



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