Any person who is found in possession of property or goods reasonably suspected to have been smuggled into Uganda or about to be smuggled from Uganda in contravention of sections
298
and
299
commits an offence and is liable to the same penalties as are prescribed in section
301
. Attempting to smuggle (1) Any person who transports any goods to a place within Uganda in such manner, towards a direction and in such quantity as to appear to be transporting the goods to a place outside Uganda in contravention of section
298
shall be presumed to be attempting to smuggle.
(2)
When a vessel, vehicle, aircraft or other means of conveying or carrying transit goods in Uganda-
(a)
diverts, without reasonable cause, from its normal route;
(b)
off-loads the goods; or
(c)
loads other goods which were not in transit, the owner or the person in charge of such vessel, vehicle, aircraft or other means of conveying shall be presumed to be attempting to smuggle.
(3)
Any person convicted of the offence in this section is liable to the same penalties as are prescribed in section
299
.
Chapter XXX Frauds by trustees and persons in position of trust, and false accounting
302. Fraudulent offences by directors and officers of corporations or companies Any person who-
(a)
being a director or an officer of a corporation or company, receives or possesses himself or herself as director or officer of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and with intent to defraud, omits either to make a full and true entry of the property in the books and accounts of the corporation or company, or to cause or direct such an entry to be made in them; or
(b)
being a director, officer or member of a corporation or company, does any of the following acts with intent to defraud-
(i)
destroys, alters, mutilates or falsifies any book, document, valuable security or account, which belongs to the corporation or company, or any entry in the book, document or account, or is privy to any such act;
(ii)
makes or is privy to making, any false entry in any book, document or account; or
(iii)
omits, or is privy to omitting, any material particular from any book, document or account, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
303. False statements by officials of companies Any person who, being a promoter, director, officer or auditor of a corporation or company, either existing or intended to be formed, makes, circulates or publishes, or concurs in making, circulating or publishing,
any written statement or account which, in any material particular, is to his or her knowledge false, with intent thereby to effect any of the following purposes-
(a)
to deceive or to defraud any member, shareholder or creditor of the corporation or company, whether a particular person or not;
(b)
to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to, the corporation or company, or to enter into any security for its benefit, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
Division VI - Malicious injuries to property
Chapter XXXI Offences causing injury to property
304. Arson Any person who wilfully and unlawfully sets fire to-
(a)
any building or structure, whether completed or not;
(b)
any vessel, whether completed or not;
(c)
any stack of cultivated vegetable produce, or of mineral or vegetable fuel; or
(d)
a mine, or the workings, fittings or appliances of a mine, commits a felony and is liable, on conviction, to imprisonment for life.
305. Attempt to commit arson Any person who-
(a)
attempts unlawfully to set fire to any such thing as is mentioned in section
304
; or
(b)
wilfully and unlawfully sets fire to anything which is so situated that any thing as is mentioned in section
304
is likely to catch fire from it, commits a felony and is liable, on conviction, to imprisonment for a term of fourteen years.
306. Setting fire, etc. to crops and growing plants Any person who wilfully and unlawfully sets fire to or otherwise destroys or damages-
(a)
a crop of cultivated produce, whether standing, picked or cut;
(b)
a crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut; or
(c)
any standing trees, saplings or shrubs, whether indigenous or not, under cultivation, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
307. Attempt to set fire to crops, etc. Any person who-
(a)
attempts unlawfully to set fire to any thing as is mentioned in section
306
; or
(b)
wilfully and unlawfully sets fire to anything which is so situated that any thing as is mentioned in section
306
is likely to catch fire from it, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
308. Prevention and control of fires Any person who-
(a)
without the consent of the owner or occupier of any land, wilfully or negligently burns any crops, stubble, grass, trees, bush or herbage on the land;
(b)
leaves any fire which he or she may have lighted or used or authorised to be lighted or used in the open air before the fire is thoroughly extinguished; or
(c)
fails to prevent any fire lawfully lit by him or her on land occupied or owned by him or her, or lighted with his or her authority or consent, from extending on to the land of any other person or from causing damage to the property of any other person, commits a misdemeanour.
309. Casting away ships Any person who-
(a)
wilfully and unlawfully casts away or destroys any vessel, whether completed or not;
(b)
wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or
(c)
with intent to bring a vessel into danger, interferes with any light, beacon, buoy, mark or signal used for purposes of navigation, or exhibits any false light or signal, commits a felony and is liable, on conviction, to imprisonment for life.
310. Attempt to cast away ships Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or who attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress, commits a felony and is liable, on conviction, to imprisonment for a term of fourteen years.
311. Injuring animals (1) Any person who wilfully and unlawfully kills, maims or wounds any animal capable of being stolen commits an offence.
(2)
If the animal in question is a horse, mare, gelding, ass, mule, camel, bull, cow, ox, goat, pig, ram, ewe, wether or ostrich, or the young of any of these animals, the offender commits a felony and is liable, on conviction, to imprisonment for a term of seven years; and in any other case the offender commits a misdemeanour.
312. Punishment for malicious injuries in general (1) Any person who wilfully and unlawfully destroys or damages any property commits an offence and is liable, on conviction, if no other punishment is provided, to imprisonment for a term of five years.
(2)
If the property in question is a dwelling house or a vessel, and the injury is caused by the explosion of any explosive substance, and if-
(a)
any person is in the dwelling house or vessel; or
(b)
the destruction or damage actually endangers the life of any person, the offender commits a felony and is liable, on conviction, to imprisonment for life.
(3)
If the property in question-
(a)
is a bank or wall of a river, canal, aqueduct, reservoir or inland water, or work which appertains to a dock, reservoir or inland water, and the injury causes actual danger of inundation or damage to any land or building;
(b)
is a railway or is a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a railway, highway or canal passes, and the property is destroyed; or
(c)
being a railway, or being any such bridge, viaduct or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under it, or any part of it, dangerous or impassable, and the same or any part thereof is thereby rendered dangerous or impassable, the offender commits a felony and is liable, on conviction, to imprisonment for life.
(4)
If the property in question is a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property or for recording births, baptisms, marriages, deaths or burials, or a copy of any part of any register which is required by law to be sent to any public officer, the offender commits a felony and is liable, on conviction, to imprisonment for a term of fourteen years.
(5)
If the property in question is a vessel in distress, wrecked or stranded, or anything which belongs to the vessel, the offender commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
(6)
If the property in question is any part of a railway or any work connected with a railway, the offender commits a felony and is liable, on conviction, to imprisonment for a term of fourteen years.
(7)
If the property in question-
(a)
being a vessel, whether completed or not, is destroyed;
(b)
being a vessel, whether completed or not, is damaged, and the damage is done with intent to destroy it or render it useless;
(c)
is a light, beacon, buoy, mark or signal, used for the purposes of navigation, or for the guidance of persons engaged in navigation;
(d)
is a bank or wall of a river, canal, aqueduct, reservoir or inland water, or a work which appertains to a dock, canal, aqueduct, reservoir or inland water, or which is used for the purposes of lading or unlading goods;
(e)
being a railway or being a bridge, viaduct or aqueduct which is constructed over a highway, railway or canal, or over which a highway, railway or canal passes, is damaged and the damage is done with intent to render the railway, bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same, or any part thereof, dangerous or impassable;
(f)
being anything in process of manufacture, or an agricultural or manufacturing machine, or a manufacturing implement, or a machine or appliance used or intended to be used for performing any process connected with the preparation of any agricultural or pastoral produce, is destroyed;
(g)
being any thing, machine, implement or appliance, as referred to in paragraph (f), is damaged and the damage is done with intent to destroy the thing in question or to render it useless;
(h)
is a shaft or a passage of a mine, and the injury is done with intent to damage the mine or to obstruct its working;
(i)
is a machine, appliance, apparatus, building, erection, bridge or road, appertaining to or used with a mine, whether the thing in question is completed or not;
(j)
being a rope, chain or tackle of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed;
(k)
being any rope, chain or tackle, as referred to in paragraph (j), is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or
(l)
is a well, or bore for water, or the dam, bank, wall or floodgate of a millpond or pool, the offender commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
(8)
If the property in question is a document which is deposited or kept in a public office or which is evidence of title to any land or estate in land, the offender commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
313. Attempt to destroy property by explosives Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place commits a felony and is liable, on conviction, to imprisonment for a term of fourteen years.
314. Communicating infectious diseases to animals Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
315. Removing boundary marks Any person who wilfully and unlawfully and with intent to defraud removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land commits a felony and is liable, on conviction, to imprisonment for a term of three years.
316. Wilful damage, etc. to survey and boundary marks Any person who-
(a)
wilfully removes, defaces or injures any survey mark or boundary mark which shall have been made or erected by or under the direction of any Government department or in the course of or for the purposes of a Government survey;
(b)
being under an obligation to maintain in repair any boundary mark made or erected, as provided in paragraph (a), neglects or refuses to repair it; or
(c)
wilfully removes, defaces or injures any survey mark erected by any person authorised or licensed by the Government to conduct survey operations or any mark erected by the holder of, or by an intending applicant for, any lease, licence or right under a written law relating to mines or minerals, commits a misdemeanour and is liable, on conviction, to a fine of six currency points or to imprisonment for a term of three months, and may further be ordered by the court to pay the cost of repairing or replacing the survey mark or boundary mark and of making any survey rendered necessary by the offender's act or neglect.
317. Penalties for damage, etc. to railway works Any person who-
(a)
wilfully damages, injures or obstructs any work, way, road, building, turnstile, gate, toll bar, fence, weighing machine, engine, tender, carriage, wagon, truck, material or plant, acquired for or belonging to any railway works;
(b)
pulls up, removes, defaces or destroys or in any way interferes with any poles, stakes, flags, pegs, lines, marks or anything driven or placed in or upon the ground, trees, stones or buildings, or any other material, belonging to any railway works;
(c)
commits any nuisance or trespass in or upon any land, buildings or premises, acquired for or belonging to any railway works; or
(d)
wilfully molests, hinders or obstructs the officer in charge of any railway or his or her assistants or workers in the execution of any work done or to be done in reference to the construction or maintenance of the railway, commits an offence and is liable, on conviction, to a fine of one hundred twenty currency points or to imprisonment for a term of five years.
318. Threats to burn, etc. Any person who, knowing the contents of a letter or writing, sends, delivers, utters or directly or indirectly causes to be received, the letter or writing threatening to bum or destroy any house, bam or other building, or any rick or stack of grain, hay or straw, or other agricultural produce, whether in or under any building or not, or any vessel, or to kill, maim or wound any cattle, commits a felony and is liable, on conviction, to imprisonment for a term of ten years.
Division VII - Forgery, coining, counterfeiting and similar offences
Chapter XXXII Definitions
319. Forgery Forgery is the making of a false document with intent to defraud or to deceive.
320. Document In this division of this Code, "document" does not include a trademark or any other sign used in connection with articles of commerce though they may be written or printed.
321. Bank note and currency note In this division of this Code, "bank note" and "currency note" include any notes, by whatever name called, which are legal tender in the country in which they are issued.
322. Making false document A person makes a false document who-
(a)
makes a document purporting to be what in fact it is not;
(b)
alters a document without authority in such a manner that if the alteration had been authorised it would have altered the effect of the document;
(c)
introduces into a document without authority while it is being drawn up a matter which if the matter had been authorised would have altered the effect of the document;
(i)
in the name of any person without his or her authority whether the name is or is not the same as that of the person signing;
(ii)
in the name of any fictitious person alleged to exist, whether the fictitious person is or is not alleged to be of the same name as the person signing;
(iii)
in the name represented as being the name of a different person from that of the person signing it and intended to be mistaken for the name of that person;
(iv)
in the name of a person personated by the person signing the document, if the effect of the instrument depends upon the identity between the person signing the document and the person whom he or she professes to be. 323. Intent to defraud An intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person, ascertained or unascertained, capable of being defrauded by it, and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent the person from being defrauded in fact, nor by the fact that he or she had, or thought he or she had, a right to the thing to be obtained by the false document.
Chapter XXXIII Punishment for forgery
324. General punishment for forgery Any person who forges any document commits an offence which, unless otherwise stated, is a felony and is liable, on conviction, unless owing to the circumstances of the forgery or the nature of the thing forged some other punishment is provided, to imprisonment for a term of three years.
325. Forgery of wills, etc. (1) Any person who forges any will, document of title to land, judicial record, power of attorney, bank note, currency note, bill of exchange, promissory note or other negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker is liable, on conviction, to imprisonment for life.
(2)
The court may, in addition, order that the forged document referred to in subsection (1) shall be forfeited to the Government.
326. Forgery of judicial or official document Any person who forges any judicial or official document is liable, on conviction, to imprisonment for a term of ten years.
327. Forgery of and other offences in relation to stamps Any person who-
(a)
forges any stamp, whether impressed or adhesive, used for the purposes of revenue or accounting by a Government department;
(b)
without lawful excuse, the proof of which shall lie upon him or her, makes or has knowingly in his or her possession any die or instrument capable of making the impression of any such stamp;
(c)
fraudulently cuts, tears in any way or removes from any material any stamp used for purposes of revenue or accounting by the Government, with intent that another use shall be made of the stamp or any part of it;
(d)
fraudulently mutilates any stamp referred to in paragraph (c) with intent that another use shall be made of the stamp;
(e)
fraudulently fixes or places upon any material or upon any stamp referred to in paragraph (d) any stamp or part of a stamp which whether fraudulently or not, has been cut, tom or in any way been removed from any other material or out of or from any other stamp;
(f)
fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date or other matter or thing written on it with the intent that another use shall be made of the stamp upon such material; or
(g)
knowingly and without lawful excuse, the proof of which shall lie upon him or her, has in his or her possession, any stamp or part of a stamp which has been fraudulently cut, tom or in any way been removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date or other matter or thing has been fraudulently erased or otherwise really or apparently removed, is liable, on conviction, to imprisonment for a term of seven years.
328. Uttering false documents Any person who knowingly and fraudulently utters a false document commits an offence of the same kind and is liable to the same punishment as if he or she had forged the thing in question.
329. Uttering cancelled or exhausted documents Any person who knowingly utters, as and for a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by effluxion of time or by death, or by the happening of any other event, commits an offence of the same kind and is liable to the same punishment as if he or she had forged the document.
330. Procuring execution of documents by false pretences Any person who by means of any false and fraudulent representation as to the nature, content or operation of a document, procures another to sign or execute the document commits an offence of the same kind and is liable to the same punishment as if he or she had forged the document.
331. Obliterating crossings on cheques Any person who, with intent to defraud-
(a)
obliterates, adds to or alters the crossing on a cheque; or
(b)
knowingly utters a crossed cheque, the crossing on which has been obliterated, added to or altered, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
332. Making documents without authority Any person who, with intent to defraud or to deceive-
(a)
without lawful authority or excuse, makes, signs or executes, for or in the name or on account of another person, whether by procuration or otherwise, any document or writing; or
(b)
knowingly utters any document or writing so made, signed or executed by another person, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
333. Demanding property upon forged testamentary instruments A person who procures the delivery or payment to himself or herself or to any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, commits an offence of the same kind and is liable to the same punishment as if he or she had forged the document by virtue of which he or she procures the delivery or payment.
334. Purchasing forged bank or currency notes Any person who, without lawful authority or excuse, the proof of which lies on him or her, imports into Uganda or purchases or receives from any person, or has in his or her possession, a forged bank note or currency note, whether filled up or in blank, knowing it to be forged, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
335. Falsifying warrant for money payable under public authority Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
336. Falsification of register Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry, which in any material particular is to his or her knowledge false, to be made in the register or record, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
337. Sending false certificate of marriage to registrar Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his or her knowledge false, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
338. False statements for registers of births, deaths and marriages Any person who knowingly and with intent to procure the same to be inserted in a register of births, deaths or marriages makes any false statement touching any matter required by law to be registered in the register, commits a felony and is liable, on conviction, to imprisonment for a term of three years.
Chapter XXXIV Offences relating to coin and bank and currency notes
339. Definitions In this Chapter-
"coin" includes any coin coined in any Government mint or lawfully current by virtue of any written law or otherwise in Uganda, and any coin of a foreign sovereign or State;
"counterfeit coin" means a coin not genuine but resembling or apparently intended to resemble or pass for a genuine coin, and includes a genuine coin prepared or altered so as to pass for a coin of a higher denomination.
340. Counterfeiting coin Any person who makes or begins to make any counterfeit coin commits a felony and is liable, on conviction, to imprisonment for life.
341. Preparations for coining Any person who-
(a)
gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin;
(b)
makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit coin, with intent that the counterfeit coin shall be made from it; or
(c)
without lawful authority or excuse, the proof of which lies on him or her-
(i)
buys, sells, receives, pays or disposes of any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing;
(ii)
brings or receives into Uganda any counterfeit coin, knowing it to be counterfeit;
(iii)
makes or mends, or begins or prepares to make or mend, or has in his or her possession, or disposes of any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any part of either side of a coin, knowing the same to be a stamp or mould or to be so adapted;
(iv)
makes or mends or begins or prepares to make or mend, or has in his or her possession, or disposes of any tool, instrument or machine which is adapted and intended to be used for marking coin round the edges with marks or figures apparently resembling those on the edges of any coin, knowing the same to be so adapted and intended; or
(v)
makes or mends or begins or prepares to make or mend, or has in his or her possession, or disposes of any press for coinage, or any tool, instrument or machine which is adapted for cutting round blanks out of gold, silver or other metal, knowing that the press, tool, instrument or machine to have been used or to be intended to be used for making any counterfeit coin, commits a felony and is liable, on conviction, to imprisonment for life.
342. Making or having in possession paper or implements for forgery Any person who, without lawful authority or excuse, the proof of which lies in him or her-
(a)
makes, uses or knowingly has in his or her custody or possession any paper intended to resemble and pass as a special paper such as is provided and used for making any bank note or currency note;
(b)
makes, uses or knowingly has in his or her custody or possession any frame, mould or instrument for making any paper or for producing in or on any paper any words, figures, letters, marks, lines or devices peculiar to and used in or on the paper;
(c)
engraves or in any way makes upon any plate, wood, stone or other material, any words, figures, letters, marks, lines or devices, the print of which resembles in whole or in part any words, figures, letters, marks, lines or devices peculiar to and used in or on any bank note or currency note;
(d)
uses or knowingly has in his or her custody or possession any plate, wood, stone or other material, upon which any words, figures, letters, marks, lines or devices have been engraved or in any way made as aforesaid; or
(e)
uses or knowingly has in his or her custody or possession any paper upon which any such words, figures, letters, marks, lines or devices have been printed or in any way made as aforesaid, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
343. Clipping Any person who deals with any coin in such a manner as to diminish its weight with intent that when so dealt with it may pass as coin commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
344. Melting down of currency (1) Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark or uses otherwise than as currency any silver coin current for the time being in Uganda commits a misdemeanour and is liable, on conviction, to a fine not exceeding twelve currency points or to imprisonment for a term of six months, or both; except that any officer of the Government or the manager of any bank who receives during the performance of his or her duties any coin which he or she has reasonable ground for believing to be counterfeit coin shall impound the coin and transmit it to the treasury officer of accounts, who may cut, deface or destroy it with or without compensation, as he or she thinks fit, if in his or her opinion it is counterfeit.
(2)
The decision of the treasury officer of accounts that a coin is counterfeit and that compensation should be granted or withheld shall be final, and no person shall be entitled to claim, and no proceedings or action shall be brought against the treasury officer of accounts or the Government in respect of any loss or damage suffered by reason of such impounding and cutting, defacing or destruction.
345. Possession of clippings Any person who unlawfully has in his or her possession or who disposes of any filings or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, commits a felony and is liable, on conviction, to imprisonment for a term of seven years.
346. Uttering counterfeit coin Any person who utters any counterfeit coin, knowing it to be counterfeit, commits a misdemeanour.
347. Repeated uttering Any person who-
(a)
utters any counterfeit coin, knowing it to be counterfeit, and at the time of the uttering has in his or her possession any other counterfeit coin;
(b)
utters any counterfeit coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit coin, knowing it to be counterfeit; or
(c)
receives, obtains or has in his or her possession any counterfeit coin, knowing it to be counterfeit, with intent to utter it, commits a felony and is liable, on conviction, to imprisonment for a term of three years.
348. Uttering metal or coin not current as coin (1) Any person who, with intent to defraud, utters as and for coin any metal or piece of metal commits a misdemeanour and is liable, on conviction, to imprisonment for a term of one year.
(2)
Any person who, with intent to defraud, utters as and for coin lawfully current in Uganda by virtue of any written law or otherwise, any coin not so lawfully current commits a misdemeanour and is liable, on conviction, to imprisonment for a term of one year.
349. Exporting counterfeit coin Any person who, without lawful authority or excuse, the proof of which lies on him or her, exports or puts on board of a vessel or vehicle of any kind, for the purpose of being exported from Uganda, any counterfeit coin, knowing it to be counterfeit, commits a misdemeanour.
350. Selling articles bearing designs in imitation of currency Any person who, without lawful authority or excuse, the proof of which lies upon him or her, sells or offers or exposes for sale any article which bears a design in imitation of any currency or bank note or coin in current use in Uganda or elsewhere commits an offence and is liable, on conviction, to imprisonment for a term of five years.
351. Forfeiture When any person is convicted of an offence under this Chapter or Chapter XXXIII, the court shall order the forfeiture to the Government of any forged bank note or currency note or of any counterfeit coin or any stamp, mould, tool, instrument, machine, press or any coin, bullion or metal or any article bearing a design in imitation of any currency note, bank note or coin used or employed in the commission of the offence.
Chapter XXXV Counterfeit stamps
352. Possession of die used for purpose of making stamps Any person who, without lawful authority or excuse, the proof of which lies on him or her-
(a)
makes or mends, or begins or prepares to make or mend, or uses, or knowingly has in his or her possession, or disposes of any die, plate or instrument capable of making an impression resembling that made by any die, plate or instrument used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue in Uganda or in any part of the Commonwealth, or in any foreign country or capable of producing in or on paper any words, figures, letters, marks or lines resembling any words, figures, letters, marks or lines used in or on any paper specially provided by the proper authority for any such purpose;
(b)
knowingly has in his or her possession or disposes of any paper or other material which has on it the impression of any die, plate or instrument, or any paper which has on it or in it any words, figures, letters, marks or lines as specified in paragraph (a);
(c)
fraudulently, and with intent that use may be made of any stamp as specified in paragraph (a), or of any part of it, removes the stamp from any material in any way;
(d)
fraudulently, and with intent that use may be made of any part of a stamp, mutilates the stamp;
(e)
fraudulently fixes or places upon any material or upon any stamp, any stamp or part of a stamp which has been in any way removed from any other material, or out of or from any other stamp;
(f)
fraudulently, and with intent that use may be made of any stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, from any material anything written on it;
(g)
knowingly has in his or her possession or disposes of anything obtained or prepared by any unlawful act as specified in paragraph (a); or
(h)
fraudulently, or with intent to cause loss to the Government, uses for any purpose a stamp issued by the Government for the purposes of revenue which he or she knows to have been used before, commits a felony and is liable, on conviction, to imprisonment for a term of seven years, and any die, plate, instrument, paper or other thing as specified in paragraph (a) which is found in his or her possession shall be forfeited to the Government.
353. Paper and dies for postage stamps (1) Any person who, without lawful authority or excuse, the proof of which lies on him or her-
(a)
makes, or begins or prepares to make, or uses for any postal purpose, or has in his or her possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of Uganda, or of any part of the Commonwealth, or of any foreign country; or
(b)
makes or mends, or begins or prepares to make or mend, or uses, or has in his or her possession, or disposes of any die, plate, instrument or material for making any such imitation or representation, commits a misdemeanour; and any stamps, and any other things as specified in this section, which are found in his or her possession shall be forfeited to the Government.
(2)
For the purposes of this section, a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown.
Chapter XXXVI Personation
354. Personation in general (1) Any person who, with intent to defraud any person, falsely represents himself or herself to be some other person, living or dead, commits a misdemeanour.
(2)
If the representation is that the offender is a person entitled by will or operation of law to any specific property, and he or she commits the offence to obtain that property or possession of it, he or she is liable, on conviction, to imprisonment for a term of seven years.
355. Falsely acknowledging deeds, recognisances, etc. Any person who, without lawful authority or excuse, the proof of which lies on him or her, makes in the name of any other person, before any court or person lawfully authorised to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, commits a misdemeanour.
356. Personation of person named in certificate (1) Any person who utters any document which has been issued by lawful authority to another person, and by which that other person is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and
falsely represents himself or herself to be the person named in the document, commits an offence of the same kind and is liable to the same punishment as if he or she had forged the document.
(2)
Any person who, being a person to whom any document has been issued by lawful authority by which he or she is certified to be a person possessed of any qualification recognised by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that that other person may represent himself or herself to be the person named in the document, commits a misdemeanour.
357. Personation of person named in testimonial of character (1) Any person who, for the purpose of obtaining any employment, utters any document of the nature of a testimonial of character given to another person, commits a misdemeanour and is liable, on conviction, to imprisonment for a term of one year.
(2)
Any person who, being a person to whom a document mentioned in subsection (1) has been given, gives, sells or lends the document to another person with the intent that that other person may utter the document for the purpose of obtaining any employment, commits a misdemeanour.
358. Issue of false cheques (1) Any person, including a public officer in relation to public funds, who-
(a)
without reasonable excuse, proof of which shall be on him or her, issues any cheque drawn on any bank where there is no account against which the cheque is drawn;
(b)
issues any cheque in respect of any account with any bank when he or she has no reasonable ground, proof of which shall be on him or her, to believe that there are funds in the account to pay the amount specified on the cheque within the normal course of banking business; or
(c)
with intent to defraud stops the payment of or countermands any cheque previously issued by him or her, commits an offence and is liable, on conviction, to a fine not exceeding double the amount represented on the cheque or to imprisonment for a term not exceeding five years, or both.
(2)
A person does not commit an offence by virtue of subsection (1) (b) in respect of a cheque which is presented for payment later than three months after the date specified on the cheque for payment.
(3)
Where a person is convicted of an offence by virtue of subsection (1)(c), the court may, if satisfied that there are adequate funds in the account of that person in respect of which the cheque in question was issued to meet the amount specified on the cheque, order the bank in question to honour the cheque; and any bank which complies with such an order shall not be liable to any claim in respect of that act.
(a)
"cheque" and "issue" shall have the same meanings as assigned to them by the Bills of Exchange Act; and
(b)
a reference to the issue of a cheque includes a reference to the issue of a cheque to the Government.
Division VIII - Attempts and conspiracies to commit crimes, and accessories after fact
359. Attempt defined (1) When a person, intending to commit an offence, begins to put his or her intention into execution by means adapted to its fulfilment, and manifests his or her intention by some overt act, but does not fulfil his or her intention to such an extent as to commit the offence, he or she is deemed to attempt to commit the offence.
(a)
except so far as regards punishment, whether the offender does all that is necessary on his or her part for completing the commission of the offence, or whether the complete fulfilment of his or her intention is prevented by circumstances independent of his or her will, or whether the offender desists of his or her own motion from the further prosecution of his or her intention;
(b)
that by reason of circumstances not known to the offender it is impossible in fact to commit the offence.
360. Attempts to commit offences Any person who attempts to commit a felony or a misdemeanour commits an offence, which unless otherwise stated, is a misdemeanour.
361. Punishment of attempts to commit certain felonies Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of death or to imprisonment for a term of fourteen years or more, with or without other punishment, commits a felony and is liable, if no other punishment is provided, to imprisonment for a term of seven years.
362. Neglect to prevent felony Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or 'ompletion of the felony, commits a misdemeanour.
Chapter XXXIX Conspiracies
363. Conspiracy Any person who conspires with another to commit any felony, or to do any act in any part of the world to which if done in Uganda would be a felony and which is an offence under the laws in force in the place commit where it is proposed to be done, commits a felony and is liable, on conviction, if no other punishment felony is provided, to imprisonment for a term of seven years, or if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for a term of seven years, then to such lesser punishment.
364. Conspiracy to commit misdemeanour Any person who conspires with another to commit a misdemeanour, or to do any act in any part of the world which if done in Uganda would be a misdemeanour, and which is an offence under the laws in force in the place where it is proposed to be done, commits a misdemeanour and is liable, on conviction, to imprisonment for a term of five years.
365. Other conspiracies Any person who conspires with another to effect any of the following purposes-
(a)
to prevent or defeat the execution or enforcement of any written law;
(b)
to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person;
(c)
to prevent or obstruct the free and lawful disposition of any property by its owner for its fair value;
(d)
to injure any person in his or her trade or profession;
(e)
to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his or her part, the free and lawful exercise by any person of his or her trade, profession or occupation;
(f)
to effect any unlawful purpose; or
(g)
to effect any lawful purpose by any unlawful means, commits a misdemeanour and is liable, on conviction, to imprisonment for a term of five years.
Chapter XL Accessories after fact
366. Definition of accessories after fact (1) A person who receives or assists another who is, to his or her knowledge, guilty of an offence, in order to enable him or her to escape punishment, becomes an accessory after the fact to the offence.
(2)
A wife does not become an accessory after the fact to an offence of which her husband is guilty by receiving or assisting him in order to enable him to escape punishment; or by receiving or assisting, in her husband's presence and by his authority, another person who is guilty of an offence in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become an accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.
367. Punishment of accessories after fact to felonies Any person who, becomes an accessory after the fact to a felony commits a felony, and is liable, on conviction, if no other punishment is provided, to imprisonment for a term of three years.
368. Punishment of accessories after fact to misdemeanours Any person who, becomes an accessory after the fact to a misdemeanour, is guilty of a misdemeanour.
369. Power to amend Schedule The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.
Schedule (sections
1
,
369
)
Currency point A currency point is equivalent to twenty thousand shillings.
Revisers' notes: The Constitutional Court in Centre for Health, Human Rights and Development (CEHURD) and Iga Daniel versus Attorney General, Constitutional Petition No. 64 of 2011 declared that the words "idiots" and "imbeciles" that appear in section
119
of the Penal Code Act contravene Articles 20, 21(1), (2), (3), 23, 24 and 35 of the Constitution by reason of their being derogatory, dehumanising and degrading. The Court accordingly struck out the words from the section.
