The Criminal Procedure Code (Amendment) Act, 2026

Short title
Cap. 444
Cap. 444
Amendment
of
section 2
Cap. 444
Cap. 433
Cap. 88
Enactment
Criminal Procedure Code (Amendment) [No. 4 of 2026 101
Cap. 299
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2026
Date of Assent: 31st March, 2026
An Act to amend the Criminal Procedure Code Act
[8th April, 2026
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Criminal Procedure Code
(Amendment) Act, 2026, and shall be read as one with the Criminal
Procedure Code Act, in this Act referred to as the principal Act. 2. Section 2 of the principal Act is amended by the insertion of
the following new definitions in the appropriate places in alphabetical
order:
“aerodrome” has the meaning assigned to the word in the
Civil Aviation Act;
“aircraft” has the meaning assigned to the word in the Civil
Aviation Act;
“airport infrastructure” has the meaning assigned to the words
in the Civil Aviation Act;
“allied substances’’ has the meaning assigned to the words in
the Medicines and Allied Substances Act;
“distribution system” has the meaning assigned to the words
in the Electricity Act;
Single copies of this Act may be obtained from the Government Printer,
P.O.

tion system” has the meaning assigned to the words
in the Electricity Act;
Single copies of this Act may be obtained from the Government Printer,
P.O.

Box 30136, 10101 Lusaka, Price K 12.00 each.

Box 30136, 10101 Lusaka, Price K 12.00 each.

“medical supplies” has the meaning assigned to the words in
the Zambia Medicines and Medical Supplies Agency Act;
“medicine” has the meaning assigned to the word in the
Medicines and Allied Substances Act;
“navigation mark” has the meaning assigned to the words in
the Inland Waters Shipping Act;
“railway” has the meaning assigned to the word in the
Railways Act;
“road” has the meaning assigned to the word in the Public
Roads Act;
“transmission system” has the meaning assigned to the words
in the Electricity Act; and
“vessel” has the meaning assigned to the word in the Penal
Code Act. 3. Section 123(1) of the principal Act is amended by the—
(a) deletion of paragraph (v) and the substitution therefor of
the following:
(v) stock theft; and
(b) insertion of the following new paragraphs immediately after
paragraph (v):
(vi) defilement;
(vii) rape;
(viii) incest;
(ix) stealing of—
(A) medicine, allied substances or medical
supplies;
(B) coltan, copper, diamond or gold;
(C) a railway;
(D) traffic signs;
(E) navigation marks;
(F) an aircraft, vertical signalisation installations
and terminal buildings with associated
facilities and installations; or
Amendment
of section
123
Cap. 87
102 No.

vertical signalisation installations
and terminal buildings with associated
facilities and installations; or
Amendment
of section
123
Cap. 87
102 No.

4 of 2026] Criminal Procedure Code (Amendment)
Cap. 433
Cap. 310
Cap. 299
Cap. 466
Cap. 453
Cap. 472

4 of 2026] Criminal Procedure Code (Amendment)
Cap. 433
Cap. 310
Cap. 299
Cap. 466
Cap. 453
Cap. 472

(G) a distribution system or transmission
system; and
(x) intentionally destroying or damaging—
(A) a railway;
(B) an aerodrome, aircraft or airport
infrastructure;
(C) a road;
(D) a vessel or navigation mark; or
(E) a distribution system or transmission
system. 4. The principal Act is amended by the repeal of section 192
and the substitution therefor of the following:
192. (1) Where a fact is ascertained by an examination or
process and may become relevant to an issue in criminal
proceedings, an affidavit or certificate shall, if purporting to
have been made by a person qualified to carry out an
examination or process, be admissible as evidence to prove a
fact, where a skill is required in—
(a) biology, chemistry, physics, astronomy, geography
or geology;
(b) mathematics, applied mathematics or
mathematical statistics or in the analysis of
statistics;
(c) computer science or in any discipline of engineering;
(d) anatomy or human behavioural sciences;
(e) biochemistry, metallurgy, microscopy, toxicology or
in any branch of pathology; or
(f) ballistics, identification of fingerprints, body prints
or in any examination of disputed documents.

toxicology or
in any branch of pathology; or
(f) ballistics, identification of fingerprints, body prints
or in any examination of disputed documents.

(2) Despite subsection (1), a court may, in which an
affidavit or certificate is adduced in evidence by a person
qualified to carry out an examination or process, in its
discretion—
(a) cause that person to be summoned to give oral
evidence in criminal proceedings or may cause
written interrogatories to be submitted to that
Proof of
certain facts
by affidavit
or certificate
Repeal and
replacement
of section
192
Criminal Procedure Code (Amendment) [No. 4 of 2026 103

o that
Proof of
certain facts
by affidavit
or certificate
Repeal and
replacement
of section
192
Criminal Procedure Code (Amendment) [No. 4 of 2026 103

person for reply, and any written interrogatories
and reply purporting to be a reply from that person
shall be admissible as evidence in criminal
proceedings; or
(b) cause that person to be summoned to give oral
evidence, at the request of the accused, and that
request shall be made not less than seven days
before a trial. (3) Where a finding or action taken is in connection with a
fingerprint, body-print, bodily sample or crime scene sample
which is relevant to the issue in a criminal proceeding, an
affidavit shall, if purporting to have been made by a person
who is a public officer in the performance of official duties,
on the production of the affidavit in criminal proceeding, be
prima facie proof that the fingerprint, body-print, bodily sample
or crime scene sample, was found or dealt with —
(a) at the crime scene, in the place, in the article or in
the position of circumstances stated in the affidavit;
or
(b) in the manner stated in the affidavit.

e crime scene, in the place, in the article or in
the position of circumstances stated in the affidavit;
or
(b) in the manner stated in the affidavit.

(4) Where the physical condition or the identity of a
deceased person at a hospital, nursing home or mortuary is
relevant to the issue in a criminal proceeding, an affidavit
shall, if purporting to be made by a person who alleges to be
employed at the hospital, nursing home, mortuary, as a driver
of an ambulance and in the performance of official duties
observed the physical characteristics of the deceased person,
on the production of the affidavit at the proceeding, be prima
facie proof that —
(a) while a deceased person was under that person’s
care, the deceased person had or sustained the
injuries or wounds or sustained no injuries or
wounds, as described in the affidavit;
(b) the deceased person in question was handed over to
a specified person;
(c) the deceased person in question was in the care of
a specified person; or
(d) the deceased person was pointed out or handed over
to a specified person or left in the person’s care by
a specified person. 104 No. 4 of 2026] Criminal Procedure Code (Amendment)

ed out or handed over
to a specified person or left in the person’s care by
a specified person. 104 No. 4 of 2026] Criminal Procedure Code (Amendment)

(5) Where the collection, receipt, custody, packing, marking,
delivery or dispatch of any fingerprint or body-print, article of
clothing, specimen, bodily sample, crime scene sample, tissue
or an object of any nature is done in accordance with the
National Forensic Act, 2020, and is relevant to the issue in a
criminal proceeding, an affidavit shall, if purporting to have
been made by a person who is, a public officer, in provincial
administration, at a university in the Republic or designated
by the Minister and is in performance of official duties, on the
production of the affidavit at that criminal proceeding, be
prima facie proof that the fingerprint or body-print, article of
clothing, specimen, bodily sample, crime scene sample, tissue
or object of any nature was —
(a) received from a person specified in the affidavit and
was packed or marked in the manner described in
the affidavit;
(b) delivered or dispatched to any person, institute, State
institution or body specified in the affidavit and
was packed or marked in the manner described in
the affidavit; or
(c) during a period specified in the affidavit in that
person’s custody and was packed or marked in
the manner described in the affidavit.

fidavit; or
(c) during a period specified in the affidavit in that
person’s custody and was packed or marked in
the manner described in the affidavit.

(6) A person referred to under subsection (5), may issue a
certificate in place of an affidavit referred to under that
subsection, in which event the provisions of this section shall,
with necessary modifications apply with reference to that
certificate. (7) A person who wilfully and knowingly issues a false
statement in an affidavit or certificate under this section,
commits an offence and is liable, on conviction, to a fine not
exceeding five hundred thousand penalty units or to
imprisonment for a term not exceeding five years, or to both. 5. The principal Act is amended by the insertion of the
following new section immediately after section 192:
192A (1) The evidence of a fingerprint or result of a blood
test of an accused or evidence that an accused has or had a
mark, characteristic, distinguishing feature or condition of
appearance on the accused’s body, shall be admissible at
criminal proceedings, when it is necessary to ascertain that—
Criminal Procedure Code (Amendment) [No. 4 of 2026 105
Evidence of
fingerprint
or blood test
of accused
Act No. 2
of 2020
Insertion of
Section
192A

t—
Criminal Procedure Code (Amendment) [No. 4 of 2026 105
Evidence of
fingerprint
or blood test
of accused
Act No. 2
of 2020
Insertion of
Section
192A

(a) a fingerprint, body-print or bodily sample or the information
derived from a fingerprint, body-print or bodily sample
of an accused corresponds to a fingerprint, body-print
or bodily sample found at a crime scene; or
(b) an accused has or had a mark, characteristic, distinguishing
feature, condition or appearance which is ascertained.
(2) The evidence referred to under this section shall not be
inadmissible by reason only that the fingerprint, body-print, or
bodily sample was not taken, or that the mark, characteristic,
feature, condition or appearance in question was not
ascertained or that it was taken or ascertained against the
will of an accused.
6. The pricipal Act is amended by the insertion of the
following new section immediately after section 358A:
358B. The Chief Justice may issue sentencing guidlines
for any offence under this Act.
106 No. 4 of 2026] Criminal Procedure Code (Amendment)
Insertion of
section 358B
Sentencing
guidelines for
offence under
Act