Humiliated at supermarket

Last week, I stopped by a supermarket after work. I picked up a bottle of wine and held it in my hand while scrolling through my phone. I got a call from my sister and, distracted, walked out without realizing I hadn’t paid. Security stopped me at the exit, accused me of theft, and dragged me to a back room. I tried to explain it was a mistake, but they called the police. I was held for hours, made to pay for the wine, and sign a statement. I wasn’t charged, but I left feeling humiliated. Now I am worried will this affect my record? Was I treated fairly?
JB, Dodoma

We are truly sorry you had to endure such a distressing and humiliating experience, assuming what you are saying is the truth. Being accused of theft in a public setting can be emotionally overwhelming, especially when the situation stems from a genuine mistake. Let’s unpack your situation from a legal standpoint. Under Section 258 of the Penal Code [Cap 16 R.E. 2023], theft is defined as the unlawful taking of property with the intent to permanently deprive the owner of it. The key element here is ‘intent.’ In criminal law, intent is not assumed it must be proven. If your actions were accidental and you had no intention of stealing the item, then legally, it may not meet the threshold for criminal liability. From your account, it appears you were distracted and did not consciously decide to leave without paying. This distinction is crucial.

Since you were released without formal charges or being taken to Court, it is likely that this incident may not appear as a criminal record. However, the fact that you signed a statement is concerning. That statement could be used as evidence if the matter is revisited or if the supermarket decides to pursue civil action. In future, always insist on the presence of a legal counsel before signing anything.

Regarding your detention, police are permitted under section 14 of the Criminal Procedure Act [Cap 20 R.E. 2023] to hold individuals under suspicion of committing an offence. However, this power is not absolute. Your constitutional rights particularly the right to dignity, the presumption of innocence, and protection from arbitrary detention must be upheld. If you were held for an excessive period, denied access to legal counsel, or treated in a degrading manner, those actions may constitute a violation of your rights under the Constitution of the United Republic of Tanzania, especially Articles 13 and 15. Your lawyer can you further.