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As enacted
Contents

Act of Parliament

Penal Code (Amendment) Act 2021

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

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Penal Code

(Amendment) Act, No. 5 of 2021.

s 2Replacement of the word “Sri Lanka” for the word “Ceylon” in Chapter 19

The word “Ceylon”, wherever it appears in the Penal

Code (Chapter 19) (hereinafter referred to as the “principal enactment”) other than in sections 3, 18A, 120, 138, 158,

159, 160, 225 and 256A thereof, shall be substituted with the word “Sri Lanka”.

s 3Replacement of the word “Republic” for the word “Queen” in the principal enactment

The word “Queen”, wherever it appears in the principal enactment, other than in sections 19, 115 and 120

thereof, shall be substituted with the word “Republic”.

s 4Replacement of section 12 of the principal enactment

Section 12 of the principal enactment is hereby repealed and the following section is substituted therefor:-

12. The word “Republic” denotes the

Democratic Socialist Republic of Sri Lanka.”.

s 5Repeal of section 13 of the principal enactment

Section 13 of the principal enactment is hereby repealed.

s 6Replacement of section 14 of the principal enactment

Section 14 of the principal enactment is hereby repealed and the following section is substituted therefor:-

14. The word “Government”, where no other meaning is indicated by any descriptive or qualifying words or by the context, and the

“Republic

“Government expression “the Sri Lanka Government” or “the

Government of Sri Lanka” shall mean the

Government constituted by the Constitution of the Democratic Socialist Republic of Sri

Lanka, 1978.”.

s 7Replacement of section 15 of the principal enactment

Section 15 of the principal enactment is hereby repealed and the following section is substituted therefor:—

15. The words “this Island” and “Sri Lanka”

denote respectively, the Island of Sri Lanka.”.

s 8Replacement of section 16 of the principal enactment

Section 16 of the principal enactment is hereby repealed and the following section is substituted therefor:—

16. The word “President” shall mean the

President of the Democratic Socialist Republic of Sri Lanka and shall include any person duly appointed or designated to exercise, perform and discharge the powers, duties and functions of his office.”.

s 9Amendment of section 17 of the principal enactment

Section 17 of the principal enactment is hereby amended by the ommision of illustration (b) thereof.

s 10Amendment of section 18A of the principal enactment

Section 18A of the principal enactment is hereby amended by the substitution for all the words from “any enactment or any statute” to the end of that section, of the words, “any enactment of the legislature of Sri Lanka or under the Ceylon (Parliamentary Elections) Order in

Council, 1946 or any rules or regulations made thereunder.”.

s 11Amendment of section 19 of the principal enactment

Section 19 of the principal enactment is hereby amended by—

(1)

the substitution for all the words from “Firstly” to

“air forces of the Queen.”, of the words:—

“Firstly

-

Every person holding any office in Sri Lanka by virtue of any

““This

Island” and

“Sri Lanka”

“President commission or warrant or other act of appointment, granted or made by the President or under the

President’s authority.

Secondly -

Every member of the Sri Lanka

Administrative Service.

Thirdly

-

Every commissioned officer in the naval, military or air forces of the Republic of Sri Lanka.”; and

(2)

the substitution in the illustration thereof, for the words “A police Vidahn”, of the words “A

Gramaseva Niladari”.

s 12Amendment of section 25 of the principal enactment

Section 25 of the principal enactment is hereby amended by the substitution for the word “wife”, wherever it appears in that section, of the word “spouse”.

s 13Amendment of section 53 of the principal enactment

Section 53 of the principal enactment is hereby amended by the substitution for the word “Governor-General’s”, of the word “President’s”.

s 14Amendment of section 56 of the principal enactment

Section 56 of the principal enactment is hereby amended in the illustration thereof, by the substitution for the words “waging war against the Government,” of the words “waging war against the Republic,”.

s 15Amendment of section 115 of the principal enactment

Section 115 of the principal enactment is hereby amended by the substitution for the words “to deprive the

Queen of the sovereignty of Ceylon or of any part thereof, or of any of her Majesty’s Realms and Territories,”, of the words

“to deprive the People of the Republic of Sri Lanka of their sovereignty in Sri Lanka or any part thereof,”.

s 16Amendment of section 119 of the principal enactment

Section 119 of the principal enactment is hereby amended by the substitution—

(1)

for the words “Governor-General or a Senator or

Member of Parliament”, wherever those words appear in that section, of the words “President or a

Member of Parliament”; and

(2)

in the marginal note, for the word “Governor-General”, of the word “President”.

s 17Amendment of section 120 of the principal enactment

Section 120 of the principal enactment is hereby amended—

(1)

by the substitution for the words “the Queen or to

Her Government in Ceylon,”, of the words “the

President or to the Government of the Republic”;

(2)

by the substitution for the words “the Queen’s subjects” and “subjects”, respectively, of the words,

“the People of Sri Lanka” and “people”; and

(3)

in the explanation thereof,—

(a)

by the substitution for the words “the

Queen or Her Government in Ceylon” of the words “the President or the

Government of the Republic”; and

(b)

by the substitution for the words “the

Queen’s subjects” wherever those words appear in the explanation, of the words

“the People of Sri Lanka”.

s 18Amendment of section 138 of the principal enactment

Section 138 of the principal enactment is hereby amended—

(1)

by the substitution for the words “Her majesty’s

Government in Ceylon or the Senate or the House of Representatives”, of the words “the Government of the Republic or the Parliament”; and

(2)

by the substitution for the words “Governor-General of Ceylon.”, of the words “President of the

Republic.”.

s 19Amendment of section 158 of the principal enactment

Section 158 of the principal enactment is hereby amended by the substitution for the words “Government of

Ceylon”, of the words “Government of the Republic”.

s 20Amendment of section 159 of the principal enactment

Section 159 of the principal enactment is hereby amended by the substitution for the words “the Senate or

House of Representatives or the Executive Government of

Ceylon”, of the words “the Parliament or the Executive

Government of the Republic”.

s 21Amendment of section 160 of the principal enactment

Section 160 of the principal enactment is hereby amended—

(1)

by the substitution for the words “the Senate or

House of Representatives or the Executive

Government of Ceylon”, of the words “the

Parliament or the Executive Government of the

Republic”; and

(2)

in the illustration thereof, by the substitution for the words “An advocate”, of the words

“An attorney-at-law”.

s 22Amendment of section 162 of the principal enactment

Section 162 of the principal enactment is hereby amended—

(1)

by the substitution for the words “the Government”, of the words “the Republic”; and

(2)

in the marginal note thereof, by the substitution for the words “the Government”, of the word “the

Republic”.

s 23Amendment of sections 191 and 192 of the principal enactment

Sections 191 and 192 of the principal enactment are hereby amended by the substitution for the words “this code or the law of England”, of the words “this code or any other enactment for the time being in force”.

s 24Amendment of section 225 of the principal enactment

Section 225 of the principal enactment is hereby amended—

(1)

by the substitution for the words “issued by the authority of the Government of Ceylon or under the Currency Ordinance, No. 21 of 1941, or any enactment in operation for the time being relating to the issue of coins in Ceylon or by the authority of the Government of any part of Her Majesty’s

Realms and Territories”, of the words “issued by the authority of the Government of Ceylon or under the Currency Ordinance, No. 21 of 1941 or under the Monetary Law Act (Chapter 422) or under any enactment in operation for the time being relating to the issue of coins in Sri Lanka”; and

(2)

by the substitution for the words “in Ceylon or in any part of Her Majesty’s Realms and Territories”, of the words “in Sri Lanka”.

s 25Amendment of section 256A of the principal enactment

Section 256A of the principal enactment is hereby amended by the substitution for the words “Her Majesty’s

Government in Ceylon and also the Government in any part of Her Majesty’s Realms and Territories or in any foreign country.”, of the words “the Government of any foreign country.”.

s 26Amendment of section 398 of the principal enactment

Section 398 of the principal enactment is hereby amended in the illustration (a) thereof, the substitution for the words “Civil Service,”, of the words “Sri Lanka

Adminstrative Service,”.

s 27Amendment of section 449 of the principal enactment

Section 449 of the principal enactment is hereby amended by the substitution for the word “Crown.”, of the word “State.”.

s 28Amendment of section 468 of the principal enactment

Section 468 of the principal enactment is hereby amended by the substitution for the words “in any part of

Her Majesty’s Realms and Territories or in any foreign country”, wherever those words appear in that section, of the words “in Sri Lanka or in any foreign country”.

s 29Amendment of section 478A of the principal enactment

Section 478A of the principal enactment is hereby amended by the repeal of paragraph (b) of subsection (2)

thereof and the substitution therefor of the following paragraph:—

“(b)

“currency note” means a currency note issued under the Currency Ordinance, No. 21 of 1941, or under the Monetary Law Act (Chapter 422), or any enactment in operation for the time being relating to the issue of paper currency in Sri Lanka and includes any note of a similar character, by whatever name called, issued by or on behalf of the

Government of any foreign State.”.

s 30Amendment of section 485 of the principal enactment

Section 485 of the principal enactment is hereby amended by the substitution for the words “of Her Majesty”, of the words “of the Republic”.

s 31Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.