18. Powers of search and seizure with warrant

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

An expert or a police officer may, for the purposes of an investigation under this Act under the authority of a warrant issued in that behalf by a Magistrate on application made for such purpose,—

(i)

obtain any information including subscriber information and traffic data in the possession of any service provider;

(ii)

intercept any wire or electronic communication including subscriber information and traffic data, at any stage of such communication.

(2)

Notwithstanding the provisions of subsection (1), an expert or a police officer may without a warrant exercise all or any of the powers referred to in that subsection, if—

(a)

the investigation needs to be conducted urgently;

and

(b)

there is a likelihood of the evidence being lost, destroyed, modified or rendered inaccessible; and

(c)

there is a need to maintain confidentiality regarding the investigation.

(3)

The provisions of sections 36, 37 and 38 of the Code of

Criminal Procedure Act, No. 15 of 1979 shall not apply in relation to the arrest of a person for an offence under this Act.

(4)

The Minister may by regulation prescribe the manner in which and the procedures required to be followed in respect of, the retention and interception of data and information including traffic data, for the purposes of any investigation under this Act.

Read on from s 19

Part III

Miscellaneous

Read on from Part III