Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act 1998

This Act may be cited as the Prohibition of Ragging and Other Forms of Violence in Educational Institutions

Act, No. 20 of 1998.

Any person who commits, or participates in,

A person who, whilst committing ragging causes

Any person who, within or outside an educational institution, threatens, verbally or in writing, to cause injury to the person, reputation or property of any student or a member of the staff, of an educational institution (in this section referred to as “the victim”) or to the person, reputation or 2—D 047365-—8,550 (98/03)

Criminal intimidation.

2 Prohibition of Ragging and other forms of Violence in Educational Institutions Act, No. 20 of 1998

property of some other person in whom the victim is interested, with the intention of causing fear in the victim or of compelling the victim to do any act which the victim is not legally required to do, or to omit to do any act which the victim is entitled to do, shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to rigorous imprisonment for a term not exceeding five years.

Any person who does any act, by which the personal liberty and the freedom of movement of any student or a member of the staff of an educational institution or other person within such educational institution or any premises under the management and control of such educational institution, is restrained without lawful justification and for the purpose of. forcing such student, member of the staff or person to take a particular course of action, shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate, be liable to rigorous imprisonment for a term not exceeding seven years.

Any person who unlawfully obstructs any student or a member of the staff of an educational institution, in such a manner as to prevent such student or member of the staff from proceeding in any direction in which such student or member of the staff, has a right to proceed, shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to rigorous imprisonment for a term not exceeding seven years.

Any person who unlawfully restrains any student or a member of the staff of an educational institution in such a manner as to prevent such student or member of the staff from proceeding beyond certain circumscribing limits, shal!

be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to imprisonment for a term not exceeding seven years.

Prohibition of Ragging and other forms of Violence 3

in Educational Institutions Act, No. 20 of 1998

Any person who, without lawful excuse, occupies, by force, any premises of, or under the management or control of, an educational institution shall be guilty of an offence under this Act, and shall on conviction after summary trial before a

Any person who causes mischief in respect of any property of, or under the management or control of, an educational institution shail be guilty of an offence under this Act and shall on conviction after summary trial before a

Where a person is convicted of an offence under this

Act, the court may, having regard to the gravity of the offence—

in any case where the person convicted is a student of an educational institution, order that such person be expelled from such institution ;

in any case where the person convicted is a member of the staff of an educational institution, order that such person be dismissed from such educational institution.

A person suspected or accussu us vuimmitting an offence under subsection (2) of section 2 or section 4 of this

Where a person is convicted of an offence under subsection (2) of section 2 or section 4 of this Act, and an appeal is preferred against such conviction, the Court convicting such person may, taking into consideration the gravity of the offence and the antecedents of the person convicted, either release or refuse to release, such person on bail.

Notwithstanding anything in the Code of Criminal

Procedure Act, No. 15 of 1979—

the provisions of section 303 of that Act shall not apply

the provisions of section 306 of that Act shall not apply in the case of any person who pleads or is found guilty, by or before any court of any offence under subsection (2) of section 2 or section 4 of this Act.

All offences under this Act shall be deemed to be cognizable offences for the purposes of the application of the provisions of the Code of Criminal Procedure Act, No.15 of 1979, notwithstanding anything contained in the First

Schedule to that Act.

Where in any prosecution for an offence under this

Act, a question arises whether any person is a student or a member of the staff of an educational institution or whether any premises or property is the property of, or is under the management and control of, an educational institution a certificate purporting to be under the hand of the head or other officer of such educational institution to the effect that the person named therein is a student or a member of the staff of

. such educational institution, or that the premises or property specified therein is the property of, or is under the management and control of, such educational institution, shall be admissible in evidence without proof of signature and shall be prima facie evidence of the facts stated therein.

Ifin the course of a trial for an offence under this

to have such witness at the conclusion of such trial, tried before such court upon a charge for intentionally giving false evidence in a stage of a judicial proceeding.

At any trial under paragraph (6) of subsection (1) it shall be sufficient to prove that the accused made the contradictory statements alleged in the charge and it shall not be necessary to prove which of such statements is false.

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Penal Code, the Convention Against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment Act, No. 22 of 1994 or any other law.

Every Court shall give priority to the trial of any person charged with any offence under this Act and to the hearing of any appeal from the conviction of any person for any such offence and any sentence imposed on such conviction.

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

In this Act unless the context otherwise requires —

“criminal force”, “fear”, “force”, “grievous hurt”, “hurt”

and “mischief” shall have the respective meanings assigned to them in the Penal Code;

6 Prohibition of Ragging and other forms of Violence in Educational Institutions Act, No. 20 of 1998

“educational institution” means —

@

a Higher Educational Institution;

(b)

the Buddhist and Pali University established by the Buddhist and Pali University of Sri Lanka

any Institute registered under section 14 of the