As enacted

Contents

Act of Parliament · As enacted

Prevention of Crimes (Amendment) Act 2017

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Prevention of Crimes

(Amendment) Act, No. 29 of 2017.

s 2Amendment of section 2 of Chapter 22

Section 2 of the Prevention of Crimes Ordinance

(Chapter 22) (hereinafter referred to as the “principal enactment”) is hereby amended in sub-paragraph (i) of paragraph (b) of subsection (3) thereof, by the substitution for the words and figures, “by section 302 of the Criminal

Procedure Code”, of the words and figures, “by section 277

of the Code of Criminal Procedure Act, No. 15 of 1979”.

s 3Amendment of section 3 of the principal enactment

Section 3 of the principal enactment is hereby amended in subsection (1) thereof, by the substitution for the words and figures “under section 325(1) of the Criminal

Procedure Code, the Magistrate shall, notwithstanding anything in section 190 of the Criminal Procedure Code”, of the words and figures, “under section 306 of the Code of

Criminal Procedure Act, No.15 of 1979, the Magistrate shall, notwithstanding anything in section 185 of that Act,”.

s 4Amendment of section 5 of the principal enactment

Section 5 of the principal enactment is hereby amended as follows:—

(1)

in subsection (1) thereof, by the substitution for the words “be subject to the supervision by the police”, of the words “be subject to such supervision by the police as prescribed by rules made under section 17,”; and

(2)

by the insertion, immediately after subsection (1)

of that section, of the following new subsection:—

“(1A) Where a person referred to in subsection (1) is imposed a suspended sentence on being convicted of a crime, the Court may direct that such person be subject to such supervision by the police, as prescribed by rules made under section 17, from the date of imposing the suspended sentence, until the expiry of the operational period of such sentence.”.

s 5Amendment of section 17 of the principal enactment

Section 17 of the principal enactment is hereby amended by the repeal of subsection (2) thereof and the substitution therefor of the following:—

“(2) All rules so made shall–

(a)

be published in the Gazette and within a period of six months of such publication, be brought before the Parliament for approval;

and

(b)

come into force on the date on which they are approved by the Parliament or on such later date as may be specified in such rules.”.

s 6Amendment of section 18 of the principal enactment

Section 18 of the principal enactment is hereby amended as follows:—

(1)

by the repeal of the definition of the word “crime”

thereof and the substitution therefor, of the following definition:—

“ “crime” means an offence punishable under such sections listed under each Act, as specified in the Schedule hereto;”; and

(2)

by the repeal of the definition of the word

“Registrar” thereof and the substitution therefor, of the following definition:—

“ “Registrar” means the Registrar of Finger Prints and includes the Additional Registrar of

Finger Prints, the Deputy Registrar of Finger

Prints and the Assistant Registrar of Finger

Prints.”.

s 7

The Schedule to the principal enactment is hereby repealed and the following Schedule is substituted therefor:—

Replacement of the Schedule to the principal enactment.

“SCHEDULE

[section 18]

BRIBERY ACT (CHAPTER 26)

Section

Nature of offence

(i)

Bribery of judicial officers and members of Parliament.

(ii)

Acceptance of gratification by Members of Parliament for interviewing public servants.

(iii)

Bribery of police officers, peace officers and other public servants.

(iv)

Bribery for giving assistance or using influence in regard to contracts.

(v)

Bribery for procuring withdrawals of tenders.

(vi)

Bribery in respect of Government business.

(vii)

Bribery in connection with payment of claims, appointments, employments, grants, leases and other benefits.

(viii)

Bribery of public servants by persons having dealings with the Government.

(ix)

Bribery of Member of local authority or of scheduled institution or of governing body of scheduled institution, and bribery of officer or employee of local authority or of scheduled institution.

(x)

Use of threats or fraud to influence vote of members of local authority or of scheduled institution or of governing body of scheduled institution.

(xi)

23A

To own or to have owned property deemed under this section to be property acquired by bribery or property to which property acquired by bribery has or had been converted.

(xii)

Acceptor of gratification to be guilty notwithstanding that purpose not carried out & c.

(xiii)

Attempt to commit, and abetment of an offence under Part II.

(xiv)

Corruption.

COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR

CORRUPTION ACT, NO. 19 OF 1994

Section

Nature of offence

(i)

Making a false allegation.

(ii)

Breach of provisions regarding secrecy.

(iii)

Miscellaneous offences.

COMPUTER CRIME ACT, NO. 24 OF 2007

Section

Nature of offence

(i)

Securing unauthorized access to a computer.

(ii)

Doing any act to secure unauthorized access in order to commit an offence.

(iii)

Causing a computer to perform a function without lawful authority.

(iv)

Offences committed against national security & c.

(v)

Dealing with data & c., unlawfully obtained.

(vi)

Illegal interception of data.

(vii)

Using of illegal devices an offence.

(viii)

Unauthorized disclosure of information enabling access to a service.

(ix)

Attempt to commit an offence.

(x)

Abetment of an offence.

(xi)

Conspiring to commit an offence.

CONVENTION AGAINST ILLICIT TRAFFICKING IN NARCOTICS DRUGS AND

PSYCHOTROPIC SUBSTANCES ACT, NO. 1 OF 2008

Section

Nature of offence

(i)

Offences under the Act.

CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING

TREATMENT OR PUNISHMENT ACT, NO. 22 OF 1994

Section

Nature of offence

(i)

Offence of Torture.

CONVENTION ON THE SUPPRESSION OF TERRORIST FINANCING

ACT, NO. 25 OF 2005

Section

Nature of offence

(i)

Offences under the Act.

FIREARMS ORDINANCE (CHAPTER 182)

Section

Nature of offence

(i)

Failure to obtain a Licence to possess a gun.

(ii)

Offences under Chapter 182 other than any offence in respect of which no specific punishment is provided.

IMMIGRANTS AND EMIGRANTS ACT (CHAPTER 351)

Section

Nature of offence

(i)

45(1)(a) to (n)

Immigration and emigration offences.

(ii)

45(2)

Preparation, attempt or abetment to commit offences specified in section 45(1)(a) to (n).

(iii)

45A(1)(a) to (c)

Offences of bringing persons into

Sri Lanka in contravention of the Act.

(iv)

45A(2)(a) and (b)

Attempt, abetmemnt or preparation to commit the offences specified in section 45A(1)(a) to (c).

(v)

45C(1)(a)

Offence of organizing.

(vi)

45C(1)(b)

Attempting, aiding and abetting for, or doing any act preparatory to the offence of organizing.

INTELLECTUAL PROPERTY ACT, NO. 36 OF 2003

Section

Nature of offence

(i)

177

Falsification of entries in any register.

(ii)

178(1) and (2)

Infringement of rights protected under

Part II.

(iii)

179

Infringement of Industrial Designs.

(iv)

181

Infringement of Patents.

(v)

184

Infringement of Marks.

OFFENCES AGAINST PUBLIC PROPERTY ACT, NO. 12 OF 1982

Section

Nature of offence

(i)

Mischief to public property.

(ii)

Theft of public property.

(iii)

Robbery of public property.

(iv)

Dishonest misappropriation, criminal breach of trust, cheating, forgery and falsification of accounts.

(v)

Attempt to commit an offence under the

Act.

OFFENSIVE WEAPONS ACT, NO. 18 OF 1966

Section

Nature of offence

(i)

Prohibition of the importation & c., of offensive weapons.

(ii)

Damage & c., to property by use of offensive weapons.

(iii)

Attempt to cause death or injury and causing of injury with offensive weapons.

(iv)

Attempt to commit offences other than offences under section 4 of the Act.

PAYMENT DEVICES FRAUDS ACT, NO. 30 OF 2006

Section

Nature of offence

(i)

Acts amounting to payment devices fraud.

(ii)

Attempt to commit an offence under the

Act.

(iii)

Abetment of an offence under the Act.

(iv)

Conspiracy to commit an offence under the Act.

Abetting and conspiracy to commit any offence of the Penal Code specified in this Schedule.

Offences against the State.

Joining an unlawful assembly armed with any deadly weapon.

Rioting armed with deadly weapons.

Giving or fabricating false evidence and offences against public justice.

Offences relating to coin and Government stamps.

Obscene Publication, exhibition &c.

relating to children.

Causing or procuring children to beg.

Hiring or employing children to act as procurers for sexual intercourse.

Hiring or employing children to traffic in restricted articles.

Murder, Culpable homicide and attempt thereto.

Causing miscarriage or injuries to unborn children, exposure of infants and the concealment of births.

Cruelty to children.

Voluntarily causing hurt by dangerous weapon, & c.

Wrongful confinement, & c.

Using criminal force to deter a public servant from discharge of his duty.

(i)

101, 102, 113A and 113B

(ii)

114 to 123, (both inclusive)

(iii)

141

(iv)

145

(v)

190 to 224 (both inclusive)

(vi)

226 to 256 (both inclusive)

(vii)

286A

(viii)

288

(ix)

288A

(x)

288B

(xi)

296, 297, 300 and 301

(xii)

303 to 309 (both inclusive)

(xiii)

308A

(xiv)

315 to 324 (both inclusive)

(xv)

334 to 339 (both inclusive)

(xvi)

344

PENAL CODE (CHAPTER 19)

Section

Nature of offence

Sexual harassment.

Kidnapping.

Aggravated form of offence of kidnapping and abduction.

Debt bondage serfdom, forced or compulsary labour, slavery and recruitment of children for use in armed conflict.

Kidnapping or abducting a child under ten years.

Procuration.

Sexual exploitation of children.

Trafficking.

Offences relating to adoption.

Offences relating to soliciting a child.

Rape.

Incest.

Unnatural offence.

Acts of gross indecency between persons.

Grave sexual abuse.

Theft, theft of cattle, & c.

Extortion, & c.

Robbery, & c.

Dishonest misappropriation.

Criminal breach of trust.

Dishonestly receiving stolen property, etc.

(xvii)

345

(xviii)

354

(xix)

355 to 359 (both inclusive)

(xx)

358A

(xxi)

360

(xxii)

360A

(xxiii)

360B

(xxiv)

360C

(xxv)

360D

(xxvi)

360E

(xxvii)

364

(xxviii)

364A

(xxix)

365

(xxx)

365A

(xxxi)

365B

(xxxii)

367 to 371 (both inclusive)

(xxxiii)

373 to 378 (both inclusive)

(xxxiv)

380 to 385 (both inclusive)

(xxxv)

387

(xxxvi)

389 to 392 (both inclusive)

(xxxvii)

394 to 396 (both inclusive)

(xxxviii)

400 to 403 (both inclusive)

(xxxix)

404 to 407 (both inclusive)

(xL)

412 to 416 (both inclusive)

(xLi)

418 to 426 (both inclusive)

(xLii)

435 to 451 (both inclusive)

(xLiii)

454 to 467 (both inclusive)

(xLiv)

478A to 478D (both inclusive)

(xLv)

490

Cheating.

Fraudulent deeds and dispositions of property, etc.

Mischief to animals, irrigation works and public roads & c.

Mischief, & c.

House trespass, house breaking, & c.

Forgery, fraudulent cancellation & c, of a will, etc. and falsification of accounts.

Offences relating to currency notes and bank notes.

Attempting to commit offences of the

Penal Code specified in this Schedule.

POISONS, OPIUM AND DANGEROUS DRUGS ACT (CHAPTER 218)

Section

Nature of offence

(i)

54A

Manufacture, trafficking, import or export and possession of dangerous drugs.

(ii)

54B

Abetting in the commission of an offence under section 54A.

(iii)

Contravention or failure to comply with any provisions of Chapter 218

or any regulation, or any order or direction lawfully given thereunder.

PREVENTION OF MONEY LAUNDERING ACT, NO. 5 OF 2006

Section

Nature of offence

(i)

3(1)

Offences of money laundering.

(ii)

3(2)

Attempting, conspiring and aiding or abetting money laundering.

PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT, NO. 48 OF 1979

Section

Nature of offence

(i)

Offences under the Act.

(ii)

Preparation, abetment, conspiracy or incitement to commit an offence under the Act.

SRI LANKA BUREAU OF FOREIGN EMPLOYMENT ACT, NO. 21 OF 1985

Section

Nature of offence

(i)

Illegal charging of fee.”.

s 8

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Sinhala text to prevail in case of inconsistency.