The Penal Code (Amendment) Act, 2022.

An Act to amend the Penal Code. [27th December, 2022
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Penal Code (Amendment)
Act, 2022. 2. Section 4 of the principal Act is amended by the deletion
of the definition of “felony” and the substitution therefor of the
following:
“felony” means an offence which is declared by this Act or
any other written law to be a felony or, if not declared to
be a misdemeanor, is punishable, without proof of previous
conviction with life imprisonment or imprisonment with
hard labour for three years or more or with life
imprisonment;. 3. Section 24 of the principal Act is amended by the —
(a) deletion of paragraph (a); and
(b) renumbering of paragraphs (b), (c), (d), (e), (f),
(g), (h) and (i) as paragraphs (a), (b), (c), (d), (e), (f), (g)
and (h), respectively. 4. The principal Act is amended by the repeal of section 25. 5. Section 31 of the principal Act is amended by the deletion
of the words “not punishable with death” and the substitution
therefor of the words “not punishable with life imprisonment”. 6.

mended by the deletion
of the words “not punishable with death” and the substitution
therefor of the words “not punishable with life imprisonment”. 6.

Section 39 (1) of the principal Act is amended by the deletion
of the words “sentence of death” and the substitution therefor of
the words “sentence of life imprisonment”. Penal Code (Amendment) [No. 23 of 2022 527
Enactment
Short title
Amendment
of section 4
Amendment
of section 24
Repeal of
section 25
Amendment
of section 31
Amendment
of section 39
GOVERNMENT OF ZAMBIA
ACT
No. 23 of 2022
Date of Assent: 23rd December, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

of Assent: 23rd December, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

528 No. 23 of 2022] Penal Code (Amendment)
7. Section 40 (1) of the principal Act is amended by the deletion
of the words “if of death, fine” and the substitution therefor of the
words “if of fine”. 8. Section 43 (1) of the principal Act is amended by the deletion
of the words “suffer death” and the substitution therefor of the
words “life imprisonment”. 9. Section 63 (a) of the principal Act is amended by the deletion
of the word “death” and the substitution therefor of the words “life
imprisonment”. 10. Section 64 (a) of the principal Act is amended by the—
(a) deletion of subparagraph (ii);
(b) renumbering of subparagraphs (iii), (iv), (v), (vi) and (vii)
as subparagraphs (ii), (iii), (iv), (v), and (vi), respectively;
and
(c) insertion of the following new subparagraph immediately
after subparagraph (vi): (vii) to commit any other
offence; or. 11. The principal Act is amended by the repeal of section 69. 12. The principal Act is amended by the repeal of section 71. 13.

any other
offence; or. 11. The principal Act is amended by the repeal of section 69. 12. The principal Act is amended by the repeal of section 71. 13.

Section 118 (1) of the principal Act is amended by the
deletion of paragraph (a) and the substitution therefor of the
following:
(a) is, if such last-named person is under sentence of
imprisonment for life or charged with an offence
punishable with imprisonment for life, guilty of a felony
and is liable, on conviction, to imprisonment for life;. 14. Section 201 of the principal Act is amended by the—
(a) deletion of subsection (1) and the substitution therefor of
the following:
(1) A person convicted of murder shall be
sentenced to life imprisonment or, where there are
extenuating circumstances, a sentence other than life
imprisonment.;
(b) insertion of the following new subsection immediately after
subsection (1):
(2) An extenuating circumstance referred to under
subsection (1) shall not apply to murder committed in
the course of aggravated robbery with a firearm under
section 294.; and
Amendment
of section
43
Amendment
of section 63
Amendment
of section 64
Repeal of
section 69
Repeal of
section 71
Amendment
of section 118
Amendment
of section 201
Amendment
of section 40

section 63
Amendment
of section 64
Repeal of
section 69
Repeal of
section 71
Amendment
of section 118
Amendment
of section 201
Amendment
of section 40

(c) renumbering of subsection (2) as subsection (3).
15. Section 294 (2) of the principal Act is amended by the
deletion of the word “death” and the substitution therefor of the
words “life imprisonment”.
16. Section 297 (1)(c)(i) of the principal Act is amended by
the deletion of the words “death or”.
17. Section 391 of the principal Act is amended by the deletion
of the words “death or” and the substitution therefor of the words
“life imprisonment”.
Penal Code (Amendment) [No. 23 of 2022 529
Amendment
of section
294
Amendment
of section
297
Amendment
of section
391

530