Chapter 25 Penal Code
CHAPTER 25 PENAL CODE
Ordinances Nos, 2 of 1883. AN ORDINANCE TO PROVIDE A GENERAL PENAL CODE FOR CEYLON. 11 of 1887. 13 of 1888. 13 of 1890. 3 of 1892. 11 of 1895. 15 of 1898. 16 of 1898. 5 of 1903. 10 of 1903. 12 of 1906. 10 of 1909. 10 of 1910. 26 of 1912. 7 of 1915. 16 of l918. 21 of 1919. 25 of 1919. 5 of 1924. 19 of 1926. 23 of 1937. 29 of 1938. 50 of 1939. 54 of 1939. 62 of 1939. 19 of 1941. 6 of 1944. 12 of 1945. 40 of 1945. 37 of 1946. Acts Nos 6 of 1968. 50 of 1980. [1st January. 1885.]
CHAPTER I contempts of the said court, and attorncys- at-law guilty of misconduct in the exercise Short tltle. 1. This Ordinance may be cited as the of their profession. Penal Code, and is generally rcierrcu to hereinafter as " this Code ". CHAPTER II Liability for 2. Every person shall be liable to offences punishment under this Code. and not GENERAL EXPLANATIONS committed otherwise, for every act or omission within contrary to the provisions thereof, of which 5. Throughout this Code every Definitions to Sri Lanka. definition of an offence, every penal be understood he shall be guilty within Sri Lanka. subject to provision, and every illustration of every exceptions. Roman- 3. So much of the Criminal Law such definition or penal provision shall be Dutch heretofore administered in Ceylon as is understood subject to the exceptions Criminal Law contained in Chapter IV, intituled "General abolithed. known as the " Criminal Law of the United Provinces " or as " the Roman-Dutch Law " Exceptions M, though these exceptions are is hereby abolished. not repeated in such definition, penal provision or illustration. Certain laws 4. Nothing in this Code is intended to not to be repeal, vary, suspend, or affect any of the Illustrations affccicd. provisions of any special or local law, or to affect the power heretofore possessed by the (a) The sections in this Code which contain definitions of offences do not express that a Supreme Court or any Judge thereof of •'*•" '•r eight years of age cannot commit summarily punishing persons guilty of such offciu •- ; but the definition! arc to be 11/3 Cap.25] PENAL CODE
understood subject to the general exception 16. The word "President" shall mean "President' which provides that nothing shall be an the President of the Democratic Socialist offence which is done by a child under eight Republic of Sri Lanka, and shall include years of age. any person duly appointed or designated to (6) A, a police officer, without warrant, apprehends exercise, perform and discharge the powers, Z. who has committed murder. Here A is not duties and functions of his office. guilty of ihe offence of wrongful confinement, for he was bound by law to apprehend Z. and therefore the case falls within the general exception which provides that "nothing is an 17. The word "Judge" not only denotes "Judge". offence which is done by a person who is every person who is officially designated as bound by law to do it ". a judge, but also every person who is Expression 6. Every expression which is explained empowered by law to give, in any legal once in any part of this Code is used in every part proceeding, civil or criminal, a definitive explained is used in the of this Code in conformity with the judgment, or a Judgment which, if not same sense explanation. appealed against, would be definitive, or a throughout judgment which, if confirmed by some other the Code. authority, would be definitive, or who is one Gender. 7. The pronoun " he " and its derivatives of a body of persons, which body of persons are used of any person, whether male or is empowered by law to give such a female. judgment.
Number. 8. Unless the contrary appear from the Illustrations context, words importing the singular number include the plural number, and (a) A Magistrate exercising jurisdiction in respect of words importing the plural number include a charge on which he has power to sentence to fine or imprisonment is a judge. the singular number, (b) A District Registrar or Additional District " M an ". 9. The word "man" denotes a male Registrar exercising jurisdiction under section " Woman". human being of any age; the word 33 of the Kandyan Marriage and Divorce Act, "woman" denotes a female human being of is a judge. any age. (c) A juror at a trial before the High Court is a judge. ' Person 10. The word " person" includes any company or association or body of persons, (d) A Magistrate exercising Jurisdiction in respect whether incorporated or not. of a charge on which he has power only to commit for trial to another court is not a Public' 11. The word "public" includes any judge; but a Magistrate when exercising class of the public or any community. jurisdiction in requiring persons to give security to keep the peace, or for good Republic' 12. The word " Republic" denotes the behaviour, is a judge. Democratic Socialist Republic of Sri Lanka.
" Govern- 14.* The word " Government", where 18. The words "Court of Justice" "Court of ment ". no other meaning is indicated by any denote a judge who is empowered by law to Justice ". descriptive or qualifying words or by the act Judicially alone, or a body of judges context, and the expression "the Sri Lanka which is empowered by law to act judicially Government" or "the Government of Sri as a body, when such judge or body of Lanka" shall mean the Government judges is acting judicially. constituted by the Constitution of the Democratic Socialist Republic of Sri Lanka, 1978. 18A. The word "election" denotes any "Election". election for any purpose whatsoever held "This Island' 15. The words "this Island" and "Sri under or by virtue of any enactment of the "Sri Lanka", Lanka" denote respectively, the Island of Legislature of Sri Lanka or under the " loreign country ", Sri Lanka, and the expression "foreign Ceylon (Parliamentary Elections) Order-in- " foreign country " or " foreign State " shall mean any Council, 1946, or any'rules or regulations State". country or Slate other than Sri Lanka, made thereunder.
* Section 13. containing the definition of "servant of the Queen ", is omitted. 11/4 PENAL CODE [Cap.25
" Public 19. The words " public servant " denote assessment, or contract on behalf of servant " a person falling under any of the Government, or to investigate or to report descriptions hereinafter following, on any matter affecting the pecuniary namely:— interests of Government, or to make, authenticate, or keep any document, relating Firstly—Every person holding any office to the pecuniary interests of Government, or in Sri Lanka by virtue of any commission or to prevent the infraction of any law for the warrant or other act of appointment, protection of the pecuniary interests of granted or made by the President or under Government, and every officer in the service the President's authority. or pay of Government or remunerated by fees or commission for the performance of Secondly—Every member of the Sri any public duty. Lanka Administrative Service. Elevenlhly—Every officer whose duty it Thirdly—Every commissioned officer in is, as such officer, to take, receive-, keep, or the naval, military or air forces of the expend any property, to make any survey or Republic of Sri Lanka. assessment, or to levy any rate or tax for any secular common purpose Of any village, Fourthly—Every judge. town, or district, or to make, authenticate, or keep any document for the ascertaining Fifthly—Every officer of a Court of of the rights of the people of any village, Justice whose duty it is, as such officer, to town, or district. investigate or report on any matter of law or fact, or to make, authenticate, or keep any Twelfthly—Every person who is document, or to take charge or dispose of empowered to prepare, publish, maintain, any property, or to execute any judicial or revise an electoral roll or to conduct an process, or to administer any oath, or to election or part of an election. interpret, or to preserve order in the court, and every person specially authorized by a Illustrations Court of Justice to perform any of such duties. A Municipal Inspector is a public servant.
A Superintending Engineer under the Sixthly—Every juryman or assessor Thoroughfares Ordinance, is a public servant. assisting a Court of Justice or a public servant. A Fiscal is a public servant. A grama seva niladari is a public servant. Seventhly—Every arbitrator or other person to whom any cause or matter has Explanation !.-—Persons falling under any of the been referred for decision or report by any above descriptions are public servants whether appointed by the Government or not. Court of Justice, or by any other competent public authority. Explanation 2.—Wherever the words " public servant " occur, they shall be understood of Eighthly— Every person who holds an every person who is in actual possession of the office by virtue of which he is empowered to situation of a public servant, whatever legal defect there may be in his right to hold that place or keep any person in confinement. situation.
Ninthly—Every officer of Government 20. The words " movable property " are " Movable whose duty it is. as such officer, to prevent intended to include corporeal property of property " offences, to give information of offences, to every description, except land and things bring offenders to justice, or to protect the attached to the earth or permanently public health, safety, or convenience. fastened to anything which is attached to the earth. Tenthly—Every officer whose duty it is, as such officer, to take, receive, keep, or 21. (1) "Wrongful gain" is gain by "Wrongful expend any property on behalf of unlawful means of property to which the gain" Government or to make any survey, person gaining is not legally entitled.
11/5 Cap.25] PENAL CODE
" Wrongful (2) " Wrongful loss" is the loss by Explanation /.—It is immaterial by what means, or loss ". unlawful means of property to which the upon what substance, the letters, figures, or person losing it is legally entitled. marks are formed, or whether the evidence is intended for or may be used in a Court of Justice or not. " Wrongful (3) A person is said to gain wrongfully gain " when such person retains wrongfully, as well Illustartion includes wrongful as when such person acquires wrongfully. A writing expressing the terms of a contract, which retention of may be used as evidence of the contract. is a property. document.
" Wrongful (4) A person is said to lose wrongfully A cheque upon a banker is a document. loss " when such person is wrongfully kept out of includes the A power of attorney is a document. being any property, as well as when such person is wrongfully wrongfully deprived of properly. A map or plan which is intended to be used, or kept out of property. which may be used, as evidence is a document. A writing containing directions or instructions is a Dishonestly 22. Whoever does anything with the document. intention of causing wrongful gain to one person, or wrongful loss to another person, Explanation 2.—Whatever is expressed by means of letters, figures, or marks, as explained by is said to do that thing " dishonestly ". mercantile or other usage, shall be deemed to be expressed by such letters, figures, or marks within the meaning of this section, although the " Fraudu- 23. A person is said to do a thing same may not be actually expressed. lently ". fraudulently if he does that thing with intent to defraud, but not otherwise. Illustartion A writes his name on the back of a bill of exchange payable to his order. The meaning of the " Reason to 24. A person is said to have " reason to endorsement, as explained by mercantile usage, believe " believe " a thing if he has sufficient cause to is that the bill is to be paid to the holder. The believe that thing, but not otherwise. endorsement is a document, and must be construed in the same manner as if the words " pay to the holder ", or words to that effect, Property in 25. When property is in the possession had been written over the signature. possession of of a person's wife, clerk, or servant, on wife, clerk, or servant. account of that person. It is in that person's 28. The words " valuable security " " Valuable possession within the meaning of this Code. denote a document which is, or purports to security ". be, a document whereby any legal right is Explanation.—A person employed temporarily or on created, extended, transferred, restricted. a particular occasion in (he capacity of a clerk extinguished, or released, or whereby any or servant is a clerk or servant within (he person acknowledges that he lies under legal meaning of this section. liability, or has not a certain legal right.
" Counter- 26. A person is said to " counterfeit " feit " who causes one thing to resemble another lllusiration thing, intending by means of that A writes his name on the back of a bill of exchange. resemblance to pract'sc deception, or As the effect of this endorsement is to transfer knowing it to be likely that deception will the right to the bill to any person who may thereby be practised. become the lawful holder of il, the endorsement is a " valuabk security ". Explanation.—It is not essential to counterfeiting that the imitation should be exact. 29. The words " a will " denote any "A will". testamentary document. Document 27. The word " document " denotes any matter expressed or described upon any substance by means of letters, figures, or 30. In every part of this Code, except Words where a contrary intention appears from the referring to marks, or by more than one of those means, acts include intended to be used, or which may be used. context, words which refer to acts done illegal as evidence of that matter. extend also to illegal omissions. ommission. 11/6 PENAL CODE [Cap.25
" Act " 31. (1) The word "act" denotes as well (r) A, a jailor, has the charge of Z. a prisoner. A intending to cause Z's death, illegally omits to a series of acts as a single act. supply Z with food in consequence of which Z is much reduced in strength, but the starvation 'Omission' (2) The word "omission" denotes as well is not sufficient 10 cause his death. A is a series of omissions as a single omission. dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food. knowing Liability for 32. When a criminal act is done by that he is likely thereby to cause Z's death. Z act done by several persons in furtherance of the dies of hunger. B is guilty of murder: but as A several common intention of all, each of such did not co-operate with B. A is guilty only of pcrsons in an attempt to commit murder. furtherance persons is liable for that act in the same of common manner as if it were done by him alone. 36. Where several persons are engaged Several intention. or concerned in the commission of a persons criminal act, they may be guilty of different engaged in When such an 33. Whenever an act, which is criminal the commis- act is only by reason of its being done with a offences by means of that act. sion of a criminal by criminal act reason of criminal knowledge or intention, is done by may be guilty Illustration its being done several persons, each of such persons who of different wish a joins in the act with such knowledge or offences. criminal A attacks Z under such circumstances of grave provocation that his killing of Z would be only knowledge or intention is liable for the act in the same culpable homicide not amounting to murder. intention. manner as if the act were done by him alone B, having iil-wjil towards Z, and intending to with that knowledge or intention. kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Effect caused 34. Whenever the causing of a certain Z's death, B is guilty of murder, and A is partly by act effect, or an attempt to cause that effect, by guilty only of culpable homicide. and parity by omission. an act or by an omission, is an offence, it is to be understood that the causing of that 37. A person is said to cause an effect "Voluntarily". effect partly by an act and partly by an "voluntarily" when he causes it by means omission is the same offence. whereby he intended to cause it, or by means which, at the time of employing those Illustration means, he knew or had reason to believe to be likely to cause it. A imenlionally causes z.'s death, partly by illegally omitting to give Z food. and partly by beating Z. A has commuted murder. Illustration
C0-operation 35. When an offence is committed by A sets fire, by night, to an inhabited house in a large by doing one means of several acts, whoever intentionally town for the purpose of facilitating a robbery, of several and thus causes the death of a person. Here A acts constitu- co-operaies in the commission of that may not have intended to cause death, and ting an offence by doing any one of those acts, may even be sorry that dfath has been caused offlence. either singly or jointly with any other by his act, yet, if he knew that he was likely to person, commits that offence. cause death, he has caused death voluntarily. 38. (I) Except in the Chapter and "Offence". Illustrations sections mentioned in subsections (2) and (3), the word "offence" denotes a thing (a) A and B agree to murder Z by severally, and at made punishable by this Code. different times, giving him small doses of poison. A and B administer the poison according to the agreement with inteni to (2) In Chapter IV. and in the following murder Z. Z dies from the effects of several sections, namely, sections 67, 100, 101, IOIA. doses of poison so administered to him. Here A and B intentionally co-operate in the 102, 103, 105, 107, 108, 109, 110, 111, 112, commission of murder, and as each of (hem 113.113A, 113B.184, 191, 192,200,208,210, does an act by which the death is caused they 211, 216, 217, 218, 219, 220, 318, 319, 320. are both guilty of" the offence, though their acts are separate. 321, 322, 338, 339, 377, 378, and 431, the (b) A and B are joint jailors, and as such have the word " offence " denotes a thing punishable charge of Z, a prisoner, alternately for six in Sri Lanka under this Code, or under any hours at a time. A and B, intending to cause law other than this Code. Z's death, knowingly co-operate in causing that effect by illegally omitting, each during (he lime of his attendance, to furnish Z with (3) And in sections 138, 174. 175, 198, food supplied to them for thai purpose. Z dies 199, 209, 213, and 427, the word "offence" of hunger. Both A and B arc guilty of (he murder of Z. has the same meaning as in subsection (2) 11/7 Cap.25] PENAL CODE
when the thing punishable under any law 51. Nothing is said to be done or "Good faith". other than this Code is punishable under believed in good faith which is done or such law with imprisonment for a term of believed without due care and attention. six months or upwards, whether with or without fine. CHAPTER III " Special 39. A "special law" is a law applicable OF PUNISHMENTS law". 10 a particular subject. 52. The punishments to which offenders Punishments. "Local 40. A "local law" is a law applicable are liable under the provisions of this Code law". only to a particular part of Sri Lanka. are—
" Illegal". 41. The words "illegal" and "illegally" Firstly— Death. " Illegally ". are applicable to everything which is an offence, or which is prohibited by law, or Secondly—Imprisonment, which is of two which furnishes ground for a civil action. descriptions, namely— " Legally 42. A person is said to be "legally bound to do' bound to do " whatever it is illegal in him to (a) rigorous, that is, with hard labour; omit. (b) simple. ' Injury' 43. The word "injury" denotes any harm whatever illegally caused to any Thirdly—Whipping. person in body, mind, reputation, or property. Fourthly—Forfeiture of property.
"Life". 44. The word " life " denotes the life of a Fift hly— Fine. human being, unless the contrary appear from the context. 53. Sentence of death shall not be Punishment pronounced on or recorded against any of detention "Death". 45. The word " death " denotes the death in lieu of person who, in the opinion of the court, is death for of a human being unless the contrary appear under the age of eighteen years; but, in lieu persons under from the context. of that punishment, the court shall sentence eighteen years of such person to be detained during the age. " Animal". 46. The word " animal" denotes any President's pleasure. living creature other than a human being, [ § 2, 50 of 1980.] unless the contrary appear from the context. 54. Sentence of death shall not be Punishment ''Vessel" 47. The word "vessel" denotes anything pronounced on or recorded against any of made for the conveyance by water of human imprison- woman who is found in accordance with the ment in beings or of property. provisions of section 282 of the Code of lieu of Criminal Procedure Act, to be pregnant at death for pregnant "Year". 48. Wherever the word "year" or the the time of her conviction; but, in lieu of "Month" word "month" is used, it is to be women. understood that the year or the month is to that punishment, the court shall sentence be reckoned according to the calendar. her to imprisonment of either description for life or for any other term. " Section ". 49. The word "section" denotes one of those portions of n Cnapter of this Code 55.* In every case in which an offender Sentence is punishable with imprisonment which may may be which are distinguished by prefixed numeral (in certain figures. be of either description, it shall be cases of im- competent for the court which sentences prisonment) such offender to direct in the sentence that wholly or "Oath". 50. The word "oath " includes a solemn partly affirmation substituted by law for an oath, such imprisonment shall be wholly rigorous, rigorous and any deJaiation required or authorized or that such imprisonment shall be wholly or simple. by law to be made before a public servant, simple, or that any part of such or to be used for the purpose of proof, imprisonment shall be rigorous and the rest whether in a Court of Justice or not. simple. * See also section 301 of the Code of Criminal Procedure Act and section 14 (3) of the Primary Courts' Procedure Act.
11/8 PENAL CODE [Cap.25
by each of the blows which make up the whole Sentence of 56. In every case in which a person is beating. If A were liable to punishment for forfeiture convicted of an offence for which he is liable of property. every blow, he might be imprisoned for fifty to forfeiture of all his property, the offender years, one for each blow. But he is liable only shall be incapable of acquiring any to one punishment for the whole beating. property, except for the benefit of Government, until he shall have undergone (b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y ; here, as the blow given the punishment awarded, or the punishment to Y is no part of the act whereby A to which it shall have been commuted, or voluntarily causes hurl to Z. A is liable to one until he shall have been pardoned. punishment for voluntarily causing hurt lo Z and to another for the blow given to Y. Illustration 67A. In all cases in which judgment is Punishment A, being convicted of waging war against the Republic given that a person is guilty of one of of a person found guilty is liable to forfeiture of all his property. After several offences specified in the judgment, sentence, and while the same is in force, A's of one of but that it is doubtful of which of these several father dies, leaving an estate which, but for the offences he is guilty, the offender shall be offences, forfeiture, would become the property of A. where it is The estate becomes the property of the punished for the offence for which the doubtful of Government. lowest punishment is provided, if the same which of the punishment is not provided for all. offences he is guilty. No female or 57. No female shall in any case be person punished with whipping. Nor shall any sentenced to death or person who may be sentenced to death or to 68. Whoever, having been convicted of Punishment imprisonment imprisonment for more than five years be an offence punishable under Chapter XII or of persons, convicted, for more than punished with whipping, Chapter XVII of this Code with Five years to after a be punished imprisonment of either description for a previous with term of three years or upwards, shall be conviction of whipping. an offence guilty of any offence punishable under punishable either of those Chapters with imprisonment with three Limit of 67.*+ Where anything which is an offence of either description for a term of three years' punishment is made up of parts, any of which parts is imprisonment. of offence years or upwards, shall be liable for every which is itself an offence, the offender shall not be such subsequent offence to double the made up of punished with the punishment of more than several amount of punishment to which he would one of such his offences, unless it be so otherwise have been liable for the same: offences. expressly provided.
Where anything is an offence falling Provided that he shall not in any case be within two or more separate definitions of liable to imprisonment for a term exceeding any law in force for the time being by which twenty years or to a whipping which shall exceed twenty-four lashes or twenty-four offences are defined or punished; or strokes. Where severa! acts of which one, or more than one, would by itself or themselves constitute an offence, constitute when combined a different offence; CHAPTER IV the offender shall not be punished with a GENERAL EXCEPTIONS more severe punishment than the court which tries him could award for any one of 69. Nothing is an offence which is done Act done such offences. by a person who is, or who by reason of a by a person bound or by mistake of fact and not by reason of a mistake of Illustrations mistake of law in good faith believes himself fact to be, bound by law to do it. believing (a) A gives Z fifty strokes with a stick. Here A may himself have committed the offence of voluntarily bound by causing hurt to Z by the whole beating, and also law to do it.
* Section 58 repealed by section 3 of Ordinance No. 50 of 1939. Sections 59 to 66 repealed by section 2 of Ordinance No. 29 of 1938. + See also section 301 of the Code of Criminal Procedure Act and section 14 (3) of the Primary Courts* Procedure Act. 11/9 3- Cap.25] PENAL CODE
Illustrations Explanation— lt is a question of fact in such a case whether the harm to be prevented or avoided (a) A, a soldier, fires on a mob by the order of his was of such a nature and so imminent as to superior officer in conformity with the justify or excuse the risk of doing the act commands of the law. A has committed no with the knowledge that it was likely to offence, cause harm. (b) A, an officer of a Court of Justice, being ordered Illustrations by that court to arrest Y, and, after due inquiry, believing Z to be Y, arrests Z. A has (a) A, the captain of a steam vessel, suddenly and committed no offence. without any fault or negligence on his part, finds himself in such a position that. before Act of Judge 70. Nothing is an offence which is done he can slop his vessel, he must inevitably run when acting by a Judge when acting judicially in the down a boat, B. with twenty or thirty judicially. exercise of any power which is, or which in passengers on board, unless he changes the course of his vessel, and that, by changing good faith he believes to be given to him by his course, he must incur risk of running law. down a boat. C, with only two passengers on board, which he may possibly clear. Here, if Act done 71. Nothing which is done in pursuance A alters his course without any intention to pursuant to the of, or which is warranted by the Judgment run down the boat C, and in good faith for Judgment or the purpose of avoiding the danger to the order of a or order of a Court of Justice, if done whilst passengers in the boat B. he is not guilty of Court of such judgment or order remains in force, is an offence, though he may run down the Justice. an offence, notwithstanding the court may boat C by doing an act which he knew was likely to cause that effect, if it be found as a have had no jurisdiction to pass such matter of fact that the danger which he judgment or order, provided the person intended to avoid was such as to excuse him doing the act in good faith believes that the in incurring the risk of running down the court had such jurisdiction. boat C. (b) A in a great fire pulls down houses in order to Act done by a 72. Nothing is an offence which is done prevent the conflagration from spreading. person justified by any person who is justified by law, or He does this with the intention, in good or by mistake who by reason of a mistake of fact and not faith, of saving human life or property. Here, of fact if it be found that the harm to be prevented believing by reason of a mistake of law in good faith was of such a nature and so imminent as himself believes himself to be justified by law in justified by to excuse A's act, A is not guilty of an law. doing it. offence. Illustration 75. Nothing is an offence which is done Act of a child A sees 7 commit what appears to A to be a murder. by a child under eight years of age. under eight A in the exercise, to the best of his judgment years of age. exerted in good faith, of the power which the 76. Nothing is an offence which is done Act of a child law gives to all persons of apprehending by a child above eight years of age and above eight murderers in the act, seizes Z, in order to and under bring Z before the proper authorities. A has under twelve, who has not attained twelve years of committed no offence, though it may turn sufficient maturity of understanding to age, who has out that Z was acting in self defence. judge of the nature and consequence of his not sufficient maturity of Accident in the 73. Nothing is an offence which is done conduct on that occasion. understanding. doing of a by accident or misfortune, and without any lawful act. criminal intention or knowledge in the 77. Nothing is an offence which is done Act of a person by a person who, at the time of doing it, by of unsound doing of a lawful act in a lawful manner, by mind. lawful means and with proper care and reason of unsoundness of mind, is incapable caution, of knowing the nature of the act, or that he is doing what is either wrong or contrary to Illustration law. A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there 78. Nothing is an offence which is done Act of a person was no want of proper caution on the part of by a person who, at the time of doing it, is, incapable of A, his act is excusable and not an offence. judgment by by reason of intoxication, incapable of reason of Act likely to 74. Nothing is an offence merely by knowing the nature of the act, or that he is intoxication cause harm but reason of its being done with the knowledge doing what is either wrong or contrary to caused against done without a his will. criminal intent, that it is likely to cause harm if it be done taw: and to prevent without any criminal intention to cause other harm. harm and in good faith for the purpose of Provided that the thing which intoxicated preventing or avoiding other harm to person him was administered to him without his or property. knowledge or against his will. 11/10 PENAL CODE [Cap.25
Offence 79. In cases where an act done is not an Provided requiring a offence unless done with a particular particular Firstly ____That this exception shall not intent or knowledge or intent, a person who does the knowledge act in a state of intoxication shall be liable extend to the intentional causing of death, commuted by to be dealt with as if he had the same or to the attempting to cause death ; one who is intoxicated. knowledge as he would have had if he had Secondly That this exception shall not not been intoxicated, unless the thing which extend to the doing of anything which the intoxicated him was administered to him person doing it knows to be likely to cause without his knowledge or against his will. death, for any purpose other than the preventing of death or grievous hurl or the Act not 80. Nothing, which is not intended to intended and cause death or grievous hurt, and which is curing of any grievous disease or infirmity ; not known to be likely to not known by the doer to be likely to cause Th irdly— That this exception shall not cause death or death or grievous hurt is an offence by extend to the voluntary causing of grievous grievous hurt reason of any harm which it may cause, or done by hurt, or to the attempting to cause grievous consent. be intended by the doer to cause to any hurt, unless it be for the purpose of person above eighteen years of age, who has preventing death or grievous hurt or the given consent, whether express or implied. curing of any grievous disease or infirmity; to suffer that harm, or by reason of any harm which it may be known by the doer to Fourthly—That this exception shall not be likely to cause to any such person who extend to the abetment of any offence, to has consented to take the risk of that harm. the committing of which offence it would not extend. Illustration
A and Z agree to fence with each other for Illustration amusement. This agreement implies the A, in good faith, for his child's benefit, without his consent of each lo suffer any harm which, in child's consent has his child cut for the stone the course of such fencing, may be caused by a surgeon, knowing it to he likely that the without foul play . and if A. while playing operation will cause the child's dealh, but fairly hurts Z. A commits no offence. not intending to cause the child's death. A is Act not 81. Nothing, which is not intended to within the exception, inasmuch as his object was the cure of the child, intended to cause death, is an offence by reason of any cause death harm which it may cause, or be intended by done by 83. A consent is not such a consent as is Consent consent in the doer to cause, or be known by the doer intended by any section of this Code, if the known lo he good faith for to be likely to cause, to any person for given under the benefit of a consent is given by a person under fear of fear or person. whose benefit it is done in good faith, and injury, or under a misconception of fact, misconception. who has given a consent, whether express or and if the person doing the act knows, or implied, to suffer that harm, or to take the has reason to believe, that the consent was risk of that harm. given in consequence of such fear or misconception, or Illustration
A. a surgeon, knowing that a particular operation is If the consent is given by a person, who, Consent of a likely to cause the death of z, who suffers from unsoundness of mind or intoxication, child or person under a painful complaint, hul not intending of unsound to cause z.'s death, and intending, in good is unable to understand the nature and mind. faith, Z's benefit, performs that operation on consequence of that to which he gives his Z with Z's consent. A has committed no consent ; or unless the contrary appear from offence. the context, if the consent is given by a Act done in 82. Nothing, which is done in good faith person who is under twelve years of age. good faith for for the benefit of a person under twelve the benefit of a child or person years of age. or,of unsound mind. by or by 84. The exceptions in sections 80. 81 Acts which are of unsound consent, either express or implied, of the and o2 do not extend to acts which are offences independently mind. by or by guardian or other person having lawful offences independently of any harm which consent of of harm caused guardian. charge of that person, is an offence by they may cause, or be intended to cause, or to ihe person reason of any harm which it may cause/or be known to be likely to cause, lo the consenting are' not within the be intended by the doer to cause, or be person giving the consent, or on whose exceptions in known by the doer to be likely to cause, to behalf the consent is given. sections 80, 81 that person: and 82. II/11 Cap.25] PENAL CODE
Illustration (c) A. a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be Causing miscarriage (unless caused in good faith for immediately performed. There is not time to the purpose of saving the life of the woman) apply to the child's guardian. A performs the is an offence independently of any harm operation in spite of the entreaties of the which it may cause or be intended to cause child, intending, in good faith, the child's to the woman. Therefore it is not an offence benefit. A has committed no offence. " by reason of such harm ", and the consent of the woman or of her guardian to the (d) A is in a house which is on fire, with Z, a child. causing of such miscarriage does not justify People below hold out a blanket. A drops the act. the child from the housetop, knowing it to be likely that the fall may kill the child, but Act done in 85. Nothing is an offence by reason of not intending to kill the child, and intending, good faith for any harm which it may cause to a person for in good faith, the child's benefit. Here, even the benefit of a person without whose benefit it is done in good faith, even if the child is killed by the fall, A has consent. without that person's consent, if the commilte'd no offence. circumstances are such that it is impossible Explanation.—Mere pecuniary benefit is not benefit for that person to signify consent, or if that within the meaning of sections 81, 82 and 85. person is incapable of giving consent, and has no guardian or other person in lawful 86. No communication made in good Communication charge of him from whom it is possible to faith is an offence by reason of any harm to made ln good obtain consent in time for the thing to be the person to whom it is made, if it is made faith. done with benefit: for the benefit of that person. Provided— Illustration
Firstly—That this exception shall not A, a surgeon, in good faith communicates to a extend to the intentional causing of death or patient his opinion that he cannot live. The the attempting to cause death ; patient dies in consequence of the shock. A has committed no offence, though he knew it Secondly—That this exception shall not to be likely that the communication might extend to the doing of anything which the cause the patient's death. person doing it knows to be likely to cause 87. Except murder and offences against Act to which a death for any purpose other than the the State punishable with death, nothing is person is preventing of death or grievous hurt or the an offence which is done by a person who is compelled by curing of any grievous disease or infirmity ; threats. compelled to do it by threats, which at the Thirdly—That this exception shall not time of doing it, reasonably cause the extend to the voluntary causing of hurl, or apprehension that instant death to that to the attempting to cause hurt, for any person will otherwise be the consequence; purpose other than the preventing of death provided the person doing the act did not of or hurt; his own accord, or from a reasonable apprehension of harm to himself short of Fourthly—That this exception shall not instant death, place himself in the situation extend to the abetment of any offence, to by which he became subject to such the committing of which offence it would constraint. not extend, Explanation I.—A person who, of his own accord, Illustrations or by reason of a threat of being beaten, joins a gang of housebreakers, knowing their (a) Z is thrown from his horse, and is Insensible, A,a character, is not entitled to the benefit of this surgeon, finds thai Z requires to be exception, on the ground of his having been trepanned. A, not intending Z's death, but in compelled by his associates to do anything good faith, for Z's benefit, performs the that is an offence by law. trepan before z recovers his power of judging for himself- A has committed no Explanation 2.—A person seized by a gang of offence. housebreakers, and forced by threat of instant death to do a thing which is an (b) Z is attacked by a bear. A fires at the bear offence by law,—for example, a smith knowing it to be likely that the shot may kill compelled to take his tools and to force the Z, but not intending to kill Z, and in good door of a house for the housebreakers to faith intending Z's benefit. A's ball gives Z a enter and plunder it,—is entitled to the mortal wound- A has cornmilied no offence. benefit of this exception.
II/12 PENAL CODE [Cap. 25
Act causing 88. Nothing is an offence by reason that (2) There is no right of private defence slight harm. it causes, or that it is intended to cause, or against an act which does not reasonably that it is known to be likely to cause, any cause the apprehension of death or of harm, if that harm is so slight that no grievous hurt, if done, or attempted to be person of ordinary sense and temper would done, by the direction of a public servant complain of such harm; acting in good faith under colour of his office, though that direction may not be OF THE RIGHT OF PRIVATE DEFENCE strictly justifiable by law. Nothing done 89. Nothing is an offence which is done (3) There is no right of private defence in in private in the exercise of the right of private defence is an cases in which there is time to have recourse offence. defence. to the protection of the public authorities.
Right of 90. Every person has a right, subject to (4) The right of private defence in no case Extent to private defence the restrictions contained in section 92, to extends to the inflicting of more harm than which the right of the body may be and of defend— it is necessary to inflict for the purpose of exercised. property. Firstly—His own body, and the body of defence. any other person, against any offence Explanation 1.—A person is not deprived of the affecting the human body; right of private defence against an act done, or attempted to be done by a public servant, Secondly—The property, whether as such, unless he knows, or has reason to movable or immovable, of himself or of any believe, that the person doing the act is such other person, against any act which is an public servant. offence falling under the definition of theft, Explanation 2.—A person is not deprived of the robbery, mischief, or criminal trespass, or right of private defence against an act done. which is an attempt to commit theft, or attempted to be done, by the direction of robbery, mischief, or criminal trespass. a public servant, unless he knows, or has reason to believe, that the person doing the Right of 91. When an act, which would otherwise act is acting by such direction ; or unless private defence be a certain offence, is not that offence by such person states the authority under which against the act he acts, or. if he has authority in writing, of a person of reason of the youth, the want of maturity of unless he produces such authority, if unsound mind, understanding, the unsoundness of mind, or demanded. &c. the intoxication of the person doing that act or by reason of any misconception on the 93. The right of private Qefence of the When the right body extends, under the restrictions of private part of that person, every person has the defence of the same right of private defence against that mentioned in the last preceding section, to body extends act which he would have if the act were that the voluntary causing of death or of any to causing death. offence. other harm to the assailant, if the offence which occasions the exercise of the right be Illustrations of any of the descriptions hereinafter (a) Z, under the influence of madness, attempts to enumerated, namely— kill A; Z is guilty of no offence. But A has Firstly—Such an assault as may the same right of private defence which he would have if Z were sane. reasonably cause the apprehension that death will otherwise be the consequence of (b) A enters by night a house which he is legally such assault; entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A. Here Z, by Secondly—Such an assault as may attacking A under this misconception, commits no offence, but A has the same reasonably cause the apprehension that right of private defence against Z which-.he grievous hurt will otherwise be the would have if Z were not acting under that consequence of such assault; misconception. Thirdly—An assault with the intention of Acts against 92. (1) There is no right of private which there is defence against an act which does not committing rape; no right of private reasonably cause the apprehension of death Fourthly—An assault with the intention defence. or of grievous hurt, if done, or attempted to of gratifying unnatural lust; be done, by a public servant acting in good faith under colour of his office, though that Fifthly—An assault with the intention of act may not be strictly justifiable by law. kidnapping or abducting; II/ 13 Cap.25] PENAL CODE
Sixthly— An assault with the intention of enumerated in the last preceding section, wrongfully confining a person, under that right does not extend to the voluntary circumstances which may reasonably cause causing of death, hut does extend, subject to him to apprehend that he will be unable to the restrictions mentioned in section 92, to have recourse to the public authorities for the voluntary causing to the wrong-doer of his release. any harm other than death.
When such 94. If the offence be not of any of the 98. Firstly- The right of private defence Commencement right extends descriptions enumerated in the last of property commences when a reasonable and. to causing any continuance of harm other preceding section, the right of private apprehension of danger to the property the right of than death. defence of the body does not extend to the commences. private defence voluntary causing of death to the assailant. of property. but does extend, under the restrictions Secondly—The right of private defence of mentioned in section 92, to the voluntary property against theft continues till the causing to the assailant of any harm other offender has effected his retreat with the than death. property or the assistance of the public authorities is obtained, or the property has Commencement 95. The right of private defence of the been recovered. and body commences as soon as a reasonable continuance of apprehension of danger to the body arises the right of Thirdly--The right of private defence of from an attempt or threat to commit the private defence property against robbery continues as long of the body. offence, though the offence may not have as the offender causes or attempts to cause been committed . and it continues as long as to any person death or hurt or wrongful such apprehension of danger to the body restraint; or as long as the lear of instant continues. death or of instant hurt or of instant personal restraint continues. When the right 96. The right of private defence of of private property extends, under the restrictions defence of Fourthly—The right of private defence of property mentioned in section 92, to the voluntary extends lo causing of death or of any other harm to the property against criminal trespass or causing death. wrong-doer, if the offence, the committing mischief continues as long as the offender of which, or the attempting to commit continues in the commission of criminal which, occasions the exercise of the right, be trespass or mischief. an offence of any of the descriptions hereinafter enumerated, namely— Fifthly—The right of private defence of property against house-breaking by night Firstly—Robbery; continues as long as the house-trespass which has been begun by such house- Secondly—House-breaking by night; breaking continues.
Thirdly—Mischief by fire, or explosives 99. If. in the exercise of the right of Right of committed on any building, tent, or vessel, private defence against an assault which private defence which building, tent, or vessel is used as a against deadly reasonably causes the apprehension of assauli when human dwelling, or as a place for the death, the defender be so situated that he there is risk of custody of property; cannot effectually exercise that right harm to an innocent without risk of harm to an innocent person, person. Fourthly—Theft, mischief, or house- his right of private defence extends to the trespass under such circumstances as may running of that risk. reasonably cause apprehension that death or grievous hurt will be the consequence if such Illustration right of private defence is not exercised. A is attacked by a mob who attempt to murder him. When such 97. If the offence the committing of He cannot effectually exercise his right of right extends which, or the attempting to commit which. private defence without firing on the moh, to causing any occasions the exercise of the right of private and he cannot fire without risk of harming harm other young children who are mmgled with the than death. defence, be theft, mischief, or criminal mob. A commits no oilcncL'. it by so tiring trespass not of any of the descriptions he harms any of the children. 11/14 PENAL CODE [Cap. 25
CHAPTER V Illustrations
OF ABETMENT (a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
Abetment of 100. A person abets the doing of a thing (b} A instigates B to murder D. B, in pursuance of the doing of a who— the instigation, stabs D. D recovers from the thing. wound. A is guilty of instigating B to Firstly— Instigates any person to do that commit murder. thing; or Explanation 3. -It is not necessary that the person Secondly— Engages in any conspiracy for abetted should be capable by law of the doing of that thing; or committing an offence, or [hat he should have the same guilty intention or knowledge Thirdly— Intentionally aids, by any act or as that of the abettor, or any guilty intention or knowledge. illegal omission, the doing of that thing. Illustrations Explanation 1. — A person who. by wilful misrepresentation or by wilful concealment (a) A, with a guilty intention, abets a child or a of a material fact which he is bound to person of unsound mind to commit an act disclose, voluntarily causes or procures, or which would be an offence if committed by a attempts to cause or procure, a thing to be person capable by law of committing an done, is said to instigate the doing of thai offence, and having the same intention as A. thing. Here A, whether the act be committed or not, is guilty of abetting an offence. Illustration (b) A, with the intention of murdering Z. instigates A, a public officer, is authori/ed by a warrant from a B, a child under eight years of age, to do an Court of Justice to apprehend Z. B. knowing act which causes Z's death. B, in that fact and also that C is not Z, wilfully consequence of the abetment, does the act, represents to A that C is Z. and thereby and thereby causes Z's death. Here, though intentionally causes A to apprehend C. Here B was not capable by law of committing an B abets by instigation ihe apprehension ofC. offence. A is liable to be punished in the same manner as if B had been capable by Explanation 2.— A conspiracy for the doing of a law of committing an offence and had thing is when two or more persons agree to committed murder and he is therefore do thai thing or cause or procure that thing subject to the punishment of death. to be done, A person within the jurisdiction of the court abets an offence by engaging (c) A instigates B to set fire to a dwelling house. B, in with one or more Other persons beyond the consequence of the unsoundness of his mind, Jurisdiction of the court in a conspiracy for being incapable of knowing the nature of the the commission of an offence by them, or act, or that he is doing what is wrong or either of them, or by any other person. contrary to law, sets fire to* the house in consequence of A's instigation. B has Explanation 3. --Whoever, either prior to or at the committed no offence, but A is guilty of time of the commission of an act. does abetting the offence of setting fire to a anything in order to facilitate the dwelling house, and is liable to the commission of that act, and thereby punishment provided for that offence- facilitates the commission thereof, is said to aid 'he doing of that act. (d) A , intending to cause a theft to be committed, instigates B to take property belonging to Z Abettor. 101. A person abets an offence who out of Z's possession. A induces B to believe abets either the commission of an offence or that the property belongs to A. B takes the the commission of an act which would be an property out of Z's possession, in good faith offence if committed by a person capable by believing it to be A's property. B, acting law of committing an offence with the same under this misconception, does not take dishonestly, and therefore does not commit intention or knowledge as that of the theft. But A is guilty of abetting theft, and is abettor. liable to the same punishment as if B had committed theft. Explanation I. —The abetment of the illegal omission of an act may amount lo an offence Explanation 4.—The abetment of an offence being although the abettor may not himself'be an offence, the abetment of such an bound to do that act. abetment is also an offence. Explanation 2.--To constitute the offence of Illustration abetment, it is not necessary that the act abetted should be committed, or that the A instigates B to instigate C to murder Z, B effect requisite to constitute the offence accordingly instigates C to murder Z, and C should be caused. commits that offence in consequence of B's
11/15 Cap.25] PENAL CODE
instigation. B is liable to be punished for his Here, B is guilty of murder. A is guilty of offence with the punishment for murder; and abetting that offence by conspiracy, and is as A instigated B to commit the offence, A is liable to the punishment for murder. also liable to the same punishment. 103. Whoever abets the commission of Punishment of Explanation 5.— It is not necessary to the commission an offence shall, if the person abetted does abetment if the of the offence of abetment by conspiracy that person abetted the abettor should concert the offence with the act with a different intention or does the act the person who commits it. It is sufficient if he knowledge from that of the abettor, be with a different engage in the conspiracy in pursuance of punished with the punishment provided for intention from which the offence is committed. that of the the offence which would have been abettor. Illustration committed if the act had been done with the intention or knowledge of the abettor and A concerts with B a plan for poisoning Z. It is agreed with no other. that. A shall administer the poison. B then explains the plan to C, mentioning that a 104. When an act is abetted and a Liability of third person is to administer the poison, but different act is done, the abettor is liable for abettor when without mentioning A's name C agrees to one act is procure the poison, and procures and delivers the act done, in the same manner and to the abetted and a it to B for the purpose of its being used in the same extent as if he had directly abetted it; different act is manner explained. A administers the poison; done. Z dies in consequence. Here, though A and C Provided the act done was a probable have not conspired together, yet C has been consequence of the abetment, and was engaged in the conspiracy in pursuance of committed under the influence of the which Z has been murdered. C has therefore instigation, or with the aid or in pursuance committed the offence defined in this section, and is liable to the punishment for murder. of the conspiracy which constituted the abetment. Abetment in 101A. A person abets an offence within Sri Lanka of the meaning of this Code who in Sri Lanka Illustrations offences outside it. abets the commission of any act without and (a) A instigates a child to put poison into the food of beyond Sri Lanka which would constitute an Z. and gives him poison for that purpose. offence if committed in Sri Lanka. The child, in consequence of the instigation, by mistake puts the poison into the food of Punishment of 102. Whoever abets any offence shall, if Y, which is by the side of that of Z. Here, if abetment if the the act abetted is committed in consequence the child was acting under the influence of act abetted is of the abetment, and no express provision is A's instigation, and the act done was under committed in the circumstances a probable consequence of consequence, made by this Code for the punishment of the abetment, A is liable in the same manner, and where no such abetment, be punished with the express and to the same extent, as if he had provision is punishment provided for the offence. instigated the child to put the poison into the made for its food of Y. punishment. Explanation. —An act or offence is said to be committed in consequence of abetment, when (b) A instigates B to burn Z's house. B sets fire to the it is committed in consequence of the house and at the same time commits theft of instigation, or in pursuance of the conspiracy, properly there. A, though guilty of abetting or with the aid which constitutes the the burning of the house, is not guilty of abetment. abetting the theft; for the theft was a distinct act, and not a probable consequence of the Illustrations burning.
A offers a bribe to B, a public servant, as a (a) (c) A instigates B and C to break into an inhabited reward for showing A some favour in the house at midnight for the purpose of robbery, exercise of B's official functions. B accepts and provides them with arms for that the bribe. A has abetted the offence defined purpose. B and C break into the house, and in section 158. being resisted by Z, one of the inmates, murder Z. Here, if the murder was the (b) A instigates B to give false evidence. B, in probable consequence of the abetment, A is consequence of the instigation, commits that liable to the punishment provided for murder. offence, A is guilty of abetting that offence, and is liable to the same punishment as B. 105. If the act for which the abettor is Abettor when A and B conspire to poison Z. A, in pursuance of liable to (c) liable under the last preceding section is cumulative the conspiracy, procures the poison and committed in addition to the act abetted, punishment for delivers it to B, in order that he may and constitutes a distinct offence, the act abetted and administer it to Z. B, in pursuance of the for act done. conspiracy, administers the poison to Z in abettor is liable to punishment for each of A's absence and thereby causes Z's death. the offences. 11/16 PENAL CODE [Cap. 25
Illustration and if any act for which the abettor is If an act which liable in consequence of the abetment, and causes harm be A instigates B to resist by force a distress made by a done in public servant. B. in consequence, resists that which causes hurt to any person, is done, consequence of distress. In offering the resistance, B the abettor shall be liable to imprisonment the abetment. voluntarily causes grievous hurt to the of either description for a term which may officer executing the distress. As B has extend to fourteen years, and shall also be committed both the offence of resisting the liable to fine. distress and the offence of voluntarily causing grievous hurt. B is liable to Illustration punishment for both these offences ; and if A knew that B was likely voluntarily to cause A instigates B to murder Z. The offence is not grievous hurt in resisting the distress. A will committed. If B had murdered Z he would also be liable to punishment for each of the have been subject to the punishment of offences. death. Therefore A is liable to imprisonment for a term which may extend to seven years, Liability of 106. When an act is abetted with the and also to a fine ; and if any hurt be done to abettor for an intention on the part of the abettor of Z in consequence of the abetment, he will be effect caused causing a particular effect, and an act for liable to imprisonment for a term which may by the act extend to fourteen years, and to fine. abetted which the abettor is liable in consequence of different from the abetment causes a different effect from that intended 109. Whoever abets an offence Abetment of by the abettor. that intended by the abettor, the abettor is punishable with imprisonment shall, if that an offence liable for the effect caused, in the same punishable offence be not committed in consequence of with manner and to the same extent as if he had the abetment, and no express provision is imprisonment abetted the act with the intention of causing made by this Code for the punishment of if the offence that effect, provided he knew that the act be not such abetment, be punished with committed in abetted was likely to cause that effect. imprisonment of any description provided consequence of for that offence for a term which may the abetment. Illustration extend to one-fourth part of the longest A instigates B to cause grievous hurt to Z. B, in term provided for that offence or with such consequence of the instigation, causes fine as is provided for that offence, or with grievous hurt to Z. Z dies, in consequence. Here, if A knew that the grievous hurt both; abetted was likely to cause death, A is liable to be punished with the .punishment and if the abettor or the person abetted is If the abettor or the person provided for murder. a public servant, whose duty it is to prevent abetted be a the commission of such offence, the abettor public servant Abettor 107. Whenever any person who, if shall be punished with imprisonment of any whose duty it is present when absent, would be liable to be punished as an description provided for that offence, for a to prevent the offence is offence. committed. abettor, is present when the act or offence term which may extend to one-half of the for which he would be punishable in longest term provided for that offence, or consequence of the abetment is committed, with such fine as is provided for the offence, he shall be deemed to have committed such or with both.. act or offence. Illustrations Illustration
A writes to B telling him that C is likely to pass (a) A offers a bribe to B, a public servant, as a along a certain road with treasure, and reward for showing A some favour in the instigates B to lie in wait for and rob C. B on exercise of B's official functions. B refuses to such instigation lies in wait for and robs C, accept the bribe. A is punishable under this A accompanying C along the journey. A is section. guilty under this section. (b) A instigates B to give false evidence. Here, if B Abetment of 108. Whoever abets the commission of does not give false evidence, A has an offence an offence punishable with death shall, if nevertheless committed the offence defined punishable in this section, and is punishable with death, if that offence be not committed in accordingly. the offence be consequence of the abetment, and no not committed express provision is made by this Code for (c) A, a police officer, whose duty it is to prevent in consequence the punishment of such abetment, be robbery^ abets the commission of robbery. of the Here, though the robbery be not committed, abetment. punished with imprisonment of either A is liable to one-half of the longest term of description for a term which may extend to imprisonment provided for that offence, and seven years, and shall also be liable to fine; also to fine. II/17 Cap.25] PENAL CODE
(d) B abets the commission of a robbery by A. a or illegal omission, the existence of a design police officer, whose duty it is to prevent that to commit such offence, or makes any offence. Here. though the robbery be not representation which he knows to be false committed. B is liable lo one-half of the respecting such design, shall, if the offence If the offence longest term of imprisonment provided for the be committed. offence of robbery, and also to fine. be committed, be punished with imprisonment of any description provided for the offence, for a term which may Abetting the 110. Whoever abets the commission of extend to one-half of the longest term of commission of an offence by the public generally, or by any such imprisonment, or with such fine as is an offence number or class of persons exceeding ten, provided for that offence, or with both; or, by the public, If the offence or by more if the offence be punishable with death, with shall be punished with imprisonment of be punishable than len either description for a term which may imprisonment of either description for a with death. persons. extend to three years, or with fine, or both. term which may extend to ten years; or, if If the offence the offence be not committed, shall be be not punished with imprisonment of any committed. Illustration description provided for the offence for a term which may extend to one-fourth part A fixes in a public place a placard, instigating a sect of the longest term of such imprisonment, consisting of more than ten members to meet or with such fine as is provided for the at a certain time and place for the purpose of attacking ihe members of an adverse sect, while offence, or with both. engaged In a procession. A has committed the offence defined in ihis section. Illustration
A. an officer of police, being legally bound to give Concealing a 111. Whoever, intending to facilitate or information of all designs to commit murder design to knowing it to be likely that he will thereby which may come to his knowledge, and commit an knowing that B designs to commit murder. offence facilitate the commission of an offence omits to give such informmion, with intent to punishable punishable with death or imprisonment for facilitate the commission of that offence. Here wilh death or twenty years voluntarily conceals, by any A has by an illegal omission concealed the imprisonment existence of B's design, and is liable to for twenty act or illegal omission, the existence of a punishment according to the provision of this years. design to commit such offence, or makes section. any representation which he knows to be If the offence false respecting such design, shall, if that 113. Whoever, intending to facilitate or Concealing a be committed. knowing it to be likely that he will thereby design to offence be committed, be punished with commit an imprisonment of either description for a facilitate the commission of an offence offence puni- term which may extend to seven years, or if punishable with imprisonment, voluntarily shable with imprisonment. If the offence the offence be not committed, with conceals, by any act or illegal omission, the be not imprisonment of either description for a existence of a design to commit such committed. term which may extend to three years; and offence, or makes any representation which in either case shall also be liable to fine. he knows to be false respecting such design, shall, if the offence be committed, be, If the offence be committed. Illustration punished with imprisonment of the description provided for the offence, for a A, knowing that murder is about to be committed at term which may extend to one-fourth, and, B, falsely informs the Magistrate that a if the offence be not committed, to one- If not murder is about to be committed at C, a place eighth of the longest term of such commuted. in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the imprisonment, or with such fine as is commission of the offence. The murder is provided for the offence, or with both. committed at R in pursuance of the design. A is punishable under this section.
CHAPTER VA A public 112. Whoever, being a public servant, servant con- intending to facilitate or knowing it to be cealing a OF CONSPIRACY design to likely that he will thereby facilitate the commit an commission of an offence, the commission 113A. (1) If two or more persons agree Definition of offence which of which it is his duly as such public servant conspiracy, it is his duty to commit or abet or act together with a to prevent. to prevent, voluntarily conceals, by any act common purpose for or in committing or 11/18 PENAL CODE [Cap.25 abetting an offence, whether with or without shall be punished with imprisonment of any previous concert or deliberation, each either description which may extend to of them is guilty of the offence of conspiracy twenty years, and shall also be liable to fine- to commit or abet that offence, as the case may be. Explanalum.—To conslilute a conspiracy under this section it is not necessary that any acl or (2) A person within Sri Lanka can be illegal omission shall take place in pursuance guilty of conspiracy by agreeing with thereof. another person who is beyond Sri Lanka for the commission or abetment of any offence 116. Whoever collects men. arms, or Collecting to be committed by them or either of them, ammunition, or otherwise prepares to wage arms. &c.. with the or by any other person, either within or war with the intention of either waging or intention of beyond Sri Lanka ; and for the purposes of being prepared to wage war against the waging war this subsection as to an offence to be Republic, shall be punished with against the committed beyond Sri Lanka. " offence" imprisonment of either description for a Republic. means any act which if done within Sri term not exceeding twenty years, and shall Lanka would be an offence under this Code forfeit all his property. or under any other law.
117. Whoever by any act, or by any Concealing Exception -this section shall nol extend lo the case illegal omission, conceals the existence of a with intent to in which the conspiracy is between a husband facilitate a and his wife. design to wage war against the Republic design to intending by such concealment to facilitate, wage war. Punishment 113B. If two or more persons are guilty or knowing it to be likely that such for cons- of the offence of conspiracy for the concealment will facilitate, the waging of piracy. commission or abetment of any offence, such war, shall be punished with each of them shali be punished in the same imprisonment of either description for a manner as if he had abetted such offence. term which may extend to ten years, and shall also be liable to fine.
118. Whoever, by means of any Attempt by CHAPTER VI contumacious, insulting or disparaging contumacious or insulting OF OFFENCES AGAINST THE STATE words, whether spoken or intended to be words or signs read, or by signs or visible representations, to bring the shall attempt to bring the President into President into Waging or 114. Whoever wages war against the contempt. attempting to Republic, or attempts to wage such war, or contempt, shall be punishable with simple wage war. or imprisonment for a period which may abetting the abets the waging of such war, shall be waging of punished with death, or imprisonment of extend to two years, and shall also be liable war. against either description, which may be extended to fine. the Republic. to twenty years, and shall forfeit all his property. 119. Whoever, with the intention of Assaulting inducing or compelling the President or a President, &c. Illustration with intent Member of Parliament, to exercise or to compel or A joins an insurrection against the Republic. A has refrain from exercising in any manner any restrain the committed the offence defined in this section. of the lawful powers of such President or exercise of any lawful Member of Parliament, assaults or power. Conspiracy to 115.* Whoever conspires to commit any wrongfully restrains, or attempts wrongfully commit of the offences punishable by the next to restrain, or overawes, by means of offence punishable by preceding section, or to deprive the People criminal force or the show of criminal force, preceding of the Republic of Sri Lanka of their or attempts so to overawe such President or section. Sovereignty in Sri Lanka or any part Member of Parliament, shall be punished thereof, or conspires to overawe, by means with imprisonment of either description for of criminal force or the show of criminal a term which may extend to seven years, force, any of the organs of Government, and shall also be liable to fine.
* See Article 4 of the Constitution of Sri Lanka. 1978. 11/19 Cap.25] PENAL CODE
Exciting or 120. Whoever by words, either spoken 123. Whoever receives any property Receiving attempting lo or intended to be read, or by signs; or by knowing the same to have been taken in the property excite taken by disaffection. visible representations, or otherwise, excites commission of any of the offences war or or attempts to excite feelings of disaffection mentioned in sections 121 and 122 shall be depredation to the President or to the Government of punished with imprisonment of either description mentioned in sections 121 the Republic, or excites or attempts to for a term which may extend to seven years, and 122. excite hatred to or contempt of the and shall also be liable to fine and to administration of justice, or excites or forfeiture of the property so received. attempts to excite the People of Sri Lanka to procure, otherwise than by lawful means, the alteration of any matter by law 124. Whoever, being a public servant, Public established, or attempts to raise discontent and having the custody of any State servant prisoner or prisoner of war, voluntarily voluntarily or disaffection amongst the People of Sri allowing Lanka,or to promote feelings of ill-will and allows such prisoner to escape from any prisoner of hostility between different classes of such place in which such prisoner is confined, Stale or war shall be punished with imprisonment of in his People, shall be punished with simple either description for a term which may custody imprisonment for a term which may extend extend to twenty years, and shall also be to escape. to two years. liable to fine.
Explanation.—It is not an offence under this section by 125. Whoever, being a public servant, Public intending to show that the President or the and having the custody of any State servant negli- gently suffer- Government of the Republic have been misled prisoner or prisoner of war, negligently or mistaken in measures, or to point out errors ing prisoner or defects in the Government or any part of it, suffers such prisoner to escape from any of State or war in his or in the administration of justice, with a view place of confinement in which such prisoner custody to to the reformation of such alleged errors or is confined, shall be punished with simple escape. defects, or to excite the People of Sri Lanka to imprisonment for a term which may extend attempt to procure by lawful means the to three years, and shall also be liable to alteration of any matter by Saw established, or to point out in order to their removal matters fine. which are producing or have a tendency to produce feelings of hatred or ill-will between different classes of the People of Sri Lanka. 126. Whoever knowingly aids or assists Aiding escape any State prisoner or prisoner of war in of, rescuing, escaping from lawful custody, or rescues or or harbouring such prisoner. Waging war 121. Whoever wages war against the attempts to rescue any such prisoner, or against any Government of any Power in alliance or at harbours or conceals any such prisoner who Power in has escaped from lawful custody, or offers alliance or at peace with the Republic or attempts to wage peace with such war, or abets the waging of such war, or attempts to offer any resistance to the re- the Republic. shall be punished with imprisonment of capture of such prisoner, shall be punished with imprisonment of either description for either description for a term which may a term which may extend to twenty years, extend to ten years, to which fine may be and shall also be liable to fine. added, or with fine.
Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole Committing 122. Whoever commits depredation, or within certain limits in Sri Lanka is said to depredation makes preparations to commit depredation, escape from lawful custody if he goes beyond on the terri- the limits within which he is allowed to be at tories of any on the territories of any Power in alliance or large. Power in at peace with the Republic, shall be alliance or at peace with punished with imprisonment of either the Republic. description for a term which may extend to 127. No prosecution shall be instituted Authority of seven years, and shall also be liable to fine under this Chapter except by, or with the Attorney- General and to forfeiture of any property used, or written authority of, the Attorney-General. required for intended to be used, in committing such prosecution under this depredation, or acquired by such Chapter. depredation. 11/20 PENAL CODE [Cap. 2;
CHAPTER VII airman in the Army, Navy, or Air Force of OF OFFENCES RELATING TO THE ARMY, the Republic has deserted, harbours such NAVY, AND AIR FORCE officer, soldier, sailor, or airman shall be punished with imprisonment of either Abetting 128. Whoever abets the committing of description for a term which may extend to mutiny or mutiny by an officer, soldier, sailor, or two years, or with fine, or with both. attempting to seduce a airman in the Army, Navy, or Air Force of soldier, sailor, the Republic or attempts to seduce any such Exception.—This provision does not extend to the or airman, officer, soldier, sailor, or airman from his case in which the harbour is given by a wife to from his her husband. duty. allegiance or his duty, shall be punished with imprisonment of either description for a term which may extend to twenty years, 134. The master or person in charge of a Deserter and shall also be liable to fine. merchant vessel on board of which any concealed on board mer- deserter from the Army, Navy, or Air Force chant vessel Abetment of 129. Whoever abets the committing of of the Republic is concealed, shall, though through mutiny, if mutiny by an officer, soldier, sailor, or ignorant of such concealment, be liable to a negligence mutiny is penalty not exceeding five hundred rupees, of master. committed in airman in the Army, Navy, or Air Force of consequence the Republic shall, if mutiny be committed if he might have known of such concealment thereof. in consequence of that abetment, be but for some neglect of his duty as such punished with death or imprisonment of master or person in charge, or but for some either description for a term which may want of discipline on board of the vessel. extend to twenty years, and shall also be liable to fine. 135. Whoever abets what he knows to Abetment of be an act of insubordination by an officer, act of Abetment of 130. Whoever abets an assault by an soldier, sailor, or airman in the Army, insubordi- an assault by officer, soldier, sailor, or airman in the nation by a a soldier, Navy, or Air Force of the Republic shall, if soldier, sailor sailor, or Army, Navy, or Air Force of the Republic, such act of insubordination be committed in or airman. airman on on any superior officer being in the consequence of that abetment, be punished his superior execution of his office, shall be punished officer, when with imprisonment of either description for in the execu- with imprisonment of either description for a term which may extend to six months, or tion of his a term which may extend to three years, and with fine. or with both. office. shall also be liable to fine.
Abetment of 131. Whoever abets an assault by an 136. No person subject to the provisions Persons such assault, officer, soldier, sailor, or airman in the of the Army Act, Navy Act or the Air Force subject to if the assault Army Act, is committed. Army, Navy, or Air Force of the Republic, Act or any similar law for the time being in on any superior officer being in the Navy Act, force, or to any regulations made or Air Force execution of his office, shall, if such assault thereunder, is subject to punishment under Act not be committed in consequence of that punishable abetment, be punished with imprisonment this Code for any of the offences defined in for offences this Chapter. in this of either description for a term which may Chapter. extend to seven years, and shall also be liable to fine. 137. Whoever, not being a soldier, Wearing the sailor, or airman in the military, naval, or dress of a Abetment of 132. Whoever abets the desertion of any soldier, sailor, the desertion officer, soldier, sailor, or airman in the air service of the Republic wears any garb, or airman, of a soldier. or carries any token resembling any garb or sailor, or Army, Navy, or Air Force of the Republic airman. shall be punished with imprisonment of token used by such a soldier, sailor, or either description for a term which may airman, with the intention that it may be extend to two years, or with fine, or with believed that he is such a soldier, sailor, or both. airman, shall be punished with imprisonment of either description for a Harbouring a 133. Whoever, except as hereinafter term which may extend to three months, or deserter. excepted, knowing or having reason to with fine which may extend to one hundred believe that an officer, soldier, sailor, or rupees, or with both.
II/21 Cap.25] PENAL CODE
CHAPTER VIII 141. Whoever, being armed with any joininig an deadly weapon, or with anything which. unlawful OF OFFENCES AGAINST THE PUBLIC assembly TRANQUILLITY used as a weapon of offence, is likely to armed with any cause death, is a member of an unlawful deadly weapon. Unlawful 138. An assembly of five or more assembly, shall be punished with assembly. persons is designated an " unlawful imprisonment of either description for a assembly" if the common object of the term which may extend to two years, or persons composing that assembly is— with fine, or with both.
Firstly—To overawe by criminal force, or 142. Whoever joins or continues in an Joining or show of criminal force, the Government of unlawful assembly knowing that such continuing in an unlawful the Republic or the Parliament or any unlawful assembly has been commanded by assembly public servant in the exercise of the lawful lawful authority to disperse, shall be knowing thai it power of such public servant; or punished with imprisonment of either has been commanded to description for a term which may extend to disperse. Secondly— To resist the execution of any two years, or with fine, or with both. law or of any legal process ; or 143. Whenever force or violence is used Force used by Thirdly—To commit any mischief or by an unlawful assembly, or by any member one member in criminal trespass or other offence; or prosecution of thereof, in prosecution of the common common object. object of such assembly, every member of Fourthly—By means of criminal force, or such assembly is guilty of the offence of show of criminal force, to any person, to rioting. take or obtain possession of any property, or to deprive any person or the public of the 144. Whoever is guilty of rioting shall be Punishment for enjoyment of a right of way or of the use of punished with imprisonment of either rioting water or other incorporeal right of which description for a term which may extend to such person or public is in possession or two years, or with fine, or with both. enjoyment, or to enforce any right or supposed right; or 145. Whoever is guilty of rioting, being Rioting, armed armed with a deadly weapon, or with with a deadly Fifthly—By means of criminal, force, or weapon. show of criminal force, to compel any anything which, used as a weapon of person to do what he is not legally bound to offence, is likely to cause death, shall be do. or to omit to do what he is legally punished with imprisonment of either entitled to do ; or description for a term which may extend to three years, or with fine, or with both. Sixthly—That the persons assembled, or any of them, may train or drill themselves, 146. If an offence is committed by any Every member or be trained or drilled to the use of arms, member of an unlawful assembly in of an unlawful assembly to be or practising military movements or prosecution of the common object of that deemed guilty evolutions, without the consent of the assembly, or such as the members of that of any offence President of the Republic. assembly knew to be likely to be committed committed in in prosecution of that object, every person prosecution of Explanation.—An assembly which was not unlawful common who, at the time of the committing of that object. when it assembled may subsequently become an unlawful assembly. offence, is a member of the same assembly is guilty of that offence. Being a 139. Whoever, being aware of facts member of an which render any assembly an unlawful 147. Whoever hires, or engages, or Hiring or unlawful assembly, intentionally joins that assembly, employs, or promotes or connives at the conniving at assembly. hiring of or continues in it. is said to be a member of hiring, engagement, or employment of any persons to join an unlawful assembly. person to join or become a member of any an unlawful unlawful assembly, shall be punishable as a assembly. Punishment. 140. Whoever is a member of an member of such unlawful assembly, and for unlawful assembly shall be punished with any offence which may be committed by any imprisonment of either description for a such person as a member of such unlawful term which may extend to six months, or assembly, in pursuance of such hiring, with fine. or with both. engagement, or employment, in the same
II/22 PENAL CODE [Cap. 25
manner as if he had been a member of such power to prevent it, and in the event of its unlawful assembly, or himself had taking place do not use all lawful means in committed such offence. his power to disperse or suppress the riot or unlawful assembly. Knowingly 148. Whoever knowingly joins or joining or continues in any assembly of five or more 152. Whenever a riot is committed for Liability of continuing in person for any assembly persons likely to cause a disturbance of the the benefit or on behalf of any person who of five or more public peace, after such assembly has been whose benefit a is the owner or occupier of any land riot is persons after it lawfully commanded to disperse, shall be respecting which such riot takes place, or committed. has been punished with imprisonment of either commanded lo who claims any interest in such land, or in disperse. description for a term which may extend to the subject of any dispute which gave rise to six months, or with fine, or with both. the riot, or who has accepted or derived any benefit therefrom, such person shall be Explanation.—If (he assembly is an unlawful assembly within the meaning of section 138, the punishable with fine, if he, having reason to offender will be punishable under section 142. believe that such riot was likely to be committed, or that the unlawful assembly Assaulting or 149. Whoever assaults or threatens to by which such riot was committed was likely obstiuding assault, or obstructs or attempts to obstruct, public servant to be held, shall not use all lawful means in when any public servant in the discharge of his his power to prevent such assembly or riot suppressing duty as such public servant in endeavouring from taking place and for suppressing and riot ,&c. to disperse an unlawful assembly, or to dispersing the same. suppress a riot or affray, or uses, or threatens, or attempts to use criminal force 153. Whenever a riot is committed for Liability of to such public servant, shall be punished the benefit or on behalf of any person who agent of owner
with imprisonment of either description for is the owner or occupier of any land or occupier for a term which may extend to three years, or whose benefit a respecting which such riot takes place, or riot is with fine, or with both. who claims any interest in such land, or in committed the subject of any dispute which gave rise to Wanionly 150. Whoever maliciously or wantonly, giving by doing anything which is illegal, gives the riot, or who has accepted or derived any provocation, provocation to any person intending or benefit therefrom, the agent or manager of with intent to such person shall be punishable with fine, if cause riot. knowing it to be likely that such provocation will cause the offence of rioting such agent or manager, having reason to If rioting be to be committed, shall, if the offence of believe that such not was likely to be committed. rioting be committed in consequence of such committed, or that the unlawful assembly provocation, be punished with by which such riot was committed was likely imprisonment of either description for a to be held, shall not use all lawful means in term which may extend to one year, or with his power to prevent such riot, or assembly If not fine, or with both; and if the offence of from taking place and for suppressing and committed. rioting be not committed, with dispersing the same. imprisonment of either description for a term which may extend to six months, or 154. Whoever harbours, receives, or Harbouring with fine, or with both. assembles in any house or premises in his persons hired occupation or charge or under his control, for an unlawful Owner or 151. Whenever any unlawful assembly assembly. any persons, knowing that such persons occupier of or riot takes place, the owner or occupier of have been hired, engaged, or employed, or land on which the land upon which such unlawful an unlawful are about to be hired, engaged,or employed, assembly is assembly is held or such riot is committed, held. and any person having or claiming an to join or become members of an unlawful interest in such land, shall be punishable assembly, shall be punished with with fine not exceeding one thousand imprisonment of either description for a rupees, if he, knowing that such offence is term which may extend to six months, or being or has been committed, or having with fine, or with both. reason to believe it is likely to be committed, do not give the earliest notice 155. Whoever is engaged or hired, or Being hired to thereof in his power to the nearest police offers or attempts to be hired or engaged, to take part in an do or assist in doing any of the acts unlawful officer, and do not, in the case of his having assembly or reason to believe that it was about to be specified in section 138, shall be punished riot. committed, use all lawful means in his with imprisonment of cither description for
11/23 Cap.25] PENAL CODE
" A motive or reward for doing ": A person who a term which may extend to six months, or receives a gratification as a motive for doing with fine, or with both ; and whoever, being what he does not intend to do or as a reward Or to go so engaged or hired as aforesaid, goes for doing what he has not done, comes armed: armed or engages or offers to go armed with within these words. any deadly weapon or with anything which, Illustrations used as a weapon of offence, is likely to cause death, shall be punished with (a) A, expecting to be called as a juryman, obtains imprisonment of either description for a from Z, a banker, a situation in Z's bank for term which may extend to two years, or A's brother, as a reward to A for giving a with fine, or with both. verdict in favour of Z. A has committed the offence defined in this section.
'Affray' 156. When two or more persons, by (b) A, a public servant, induces Z erroneously to fighting in a public place disturb the public believe that A's influence with the peace, they are said to " commit an, affray ". Government has obtained a title for Z.and thus induces Z to give A money as a reward Punishment for 157. Whoever commits an affray shall for this service. A has committed the offence committing be punished with imprisonment of either defined in this section. affray. description for a term which may extend to one month, or with fine which may extend 159. Whoever accepts or obtains, or Taking a agrees to accept or attempts to obtain, from gratification in to one hundred rupees, or with both. order by any person, for himself or for any other corrupt or CHAPTER IX person, any gratification whatever as a illegal means, motive or reward for inducing, by corrupt to influence a OF OFFENCES BY OR RELATING To or illegal means, any public servant to do or public servant. PUBLIC SERVANTS to forbear to do any official act, or in the exercise of the official functions of such Public servant 158. Whoever, being or expecting to be taking a a public servant, accepts or obtains or public servant to show favour or disfavour gratification agrees to accept or attempts to obtain from to any person, or to render or attempt to other than render any service or disservice to any legal any person, for himself or for any other remuneration person, any gratification whatever, other person with the Parliament or the Executive in respect of an than legal remuneration, as a motive or Government of the Republic, or with any official act. reward for doing or forbearing to do any public servant, as such, shall be punished official act, or for showing or forbearing to with imprisonment of either description for show, in the exercise of his official a term which may extend to three years, or functions, favour or disfavour to any with fine, or with both. person, or for rendering or attempting to render any service or disservice to any 160. Whoever accepts or obtains, or Taking a agrees to accept or attempts to obtain, from gratification person with the Government of the for the exercise Republic, or with any public servant as any person, for himself or for any other of personal such, shall be punished with imprisonment person, any gratification whatever as a influence with of either description for a term which may motive or reward for inducing,' by the a public servant. extend to three years, or with fine, or with exercise of personal influence, any public both- servant to do or to forbear to do any official act, or in the exercise of the official Explanations.—" Expecting to be a public servant ": functions of such public servant to show If a person not expecting to be in office, favour or disfavour to any person, or to obtains a gratification by deceiving others render or attempt to render any service or into a belief that he is about to be in office, and that he will then serve them, he may be disservice to any person with the Parliament guilty of cheating, but he is not guilty of the or the Executive Government of the offence defined in this section. Republic, or with any public servant, as such, shall be punished with simple "Gratification": The word "gratification" is not restricted to pecuniary gratifications or to imprisonment for a term which may extend gratifications estimable in money. to one year, or with fine, or with both.
" Legal remuneration": The words "legal Illustration remuneration" are not restricted to remuneration which a public servant can An attorney-at-law who receives a fee for lawfully demand, but include all arguing a case before a judge ; a person remuneration which he is permitted by the who receives pay for arranging and Government which he serves to accept. correcting a memorial addressed to 11/24 PENAL CODE [Cap.25
Government, setting forth the services and 164. Whoever, being a public servant, Fraudulent or claims of the memorialist , a paid agent for a employed in the Posts or malicious condemned criminal, who lays before the Telecommunications Department of infraction of Government statements lending to show thai duty by public the condemnation was unjust—are not Government, fraudulently or maliciously servant in within this section, inasmuch as they do not secretes, makes away with, alters, or omits Posts or exercise or profess to exercise personal to transmit any message which may have telecom muni- influence. cations been lawfully delivered to him for Departments. transmission, or fraudulently or maliciously Punishment for 161. Whoever, being a public servant, in discloses to any person not authorized to abetment by respect of whom either of the offences receive the same any message received by puhi'c servant defined in the last two preceding sections is him in the course of his employment as of the offences aforesaid, shall be punished with above defined. committed, abets the offence, shall be punished with imprisonment of either imprisonment of either description, which may extend to a term of two years, or with description for a term which may extend to fine, or with both. three years, or with fine, or with both.
165. Whoever, being a public servant, Misconduct by Illustration employed in the Posts or public servant Telecommunications Department of in Posts or A is a public servant. B, A's wife, receives a present Telecommuni- Government, by drunkenness, carelessness, cations as a motive for soliciting A to give an office or other misconduct, endangers or delays Departments. to a particular person, A abets her doing so. the transmission of any message, letter, or B is punishable with imprisonment for a postal packet, shall be punished with term not exceeding one year, or with fine, or with both. A is punishable with imprisonment of either description for a imprisonment for a term which may extend term which may extend to three months or to three years, or with fine, or with both. with fine which may extend to fifty rupees, or with .both. Public servant 162. Whoever, being a public servant, disobeying a knowingly disobeys any direction of the law 166. Whoever, being a public servant, Fraud by direction of the as to the way in which he is to conduct employed in the Posts or public servant law with intent in Posts or to cause injury himself as such public servant, intending to Telecommunications Department of Telecommuni- to any person cause or knowing it to be likely that he will, Government, transmits by telegraph any cations or the by such disobedience, cause injury to any message upon which the prescribed charge Departments. Governmenl. person or to the Government, shall be has not been paid, with intent thereby to punished with simple imprisonment for a defraud, shall be punished with term which may extend to one year, or with imprisonment of either description for a fine, or with both. term which may extend to two years, or with fine, or with both. Illustration 167. Whoever, being a public servant, Injury to A, being" an officer directed by law to lake property employed in the Posts or messages, &c-. in execution, in order to satisfy a decree Telecommunications Department of committed by public servants pronounced in Z's favour by a Court of Government, does, contrary to his duty, in Posts or Justice knowingly disobeys that direction of secrete, destroy, mutilate, or break open any Telecommuni- law. with the knowledge that he is likely telegraph despatch or letter or postal cations thereby to cause injury to Z. A has Departments. committed the offence defined in this packet, shall be punished with section. imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Public 163. Whoever, being a public servant, servant and being, as such public servant, charged framing an 168. Whoever pretends to hold any Personating a incorrect with the preparation or translation of any document document, frames or translates that particular office, as a public servant, Public servant. with intent document in a manner which he knows or knowing that he does not hold such office, to cause or falsely personates any other person believes to be incorrect, intending thereby to injury. holding such office, and in such assumed cause, or knowing it to be likely thai he may character does or attempts to do any act thereby cause, injury to any person, shall be under colour of such office, shall be punished with imprisonment of either punished with imprisonment of either description for a term which may extend to description for a term which may extend to three years, or with fine, or with both. two years, or with fine, or with both.
4- 11/25 Cap.25] PENAL CODE
(2) A person who offers, or agrees to Wearing garb 169. Whoever, not belonging to a or carrying certain class of public servants, wears any give, or offers or attempts to procure, a token used by garb or carries any token resembling any gratification shall be deemed to give a public servants garb or token used by that class of public gratification. with fraudulent intent. servants, with the intention that it may be (3) A person who obtains, or agrees to believed, or with the knowledge that it is accept, or attempts to obtain, a gratification likely to be believed, that he belongs to that shall be deemed to accept a gratification, class of public servants, shall be punished and a person who accepts a gratification as with imprisonment of either description for a motive for doing what he does not intend a term which may extend to three months, to do, or as a reward for doing what he has or with fine which may extend, to one not done, shall be deemed to have accepted hundred rupees, or with both. the gratification as a reward.
CHAPTER IXA 169C. (1) Whoever voluntarily Undue OF OFFENCES RELATING TO ELECTIONS interferes, or attempts to interfere, with the lnfluencc at free exercise 01 any electoral right commits elections " Candidate " 169A. For the purposes of this Chapter— the offence of undue influence at an and " electoral election. right". (a) "candidate" means a person who has been nominated as a candidate (2) Without prejudice to the generality at any election and includes a of the provisions of subsection (1), person who, when an election is in whoever— contemplation, holds himself out as a prospective candidate thereat: (a) threatens any candidate or voter, or any person in whom a candidate or Provided that he is subsequently voter is interested, with injury of nominated as a candidate at such any kind; or election; (b) induces or attempts to induce a (b) " electoral right " means the right of candidate or voter to believe that he a person to stand, or not to stand or any person in whom he is as, or to withdraw from being, a interested will become or will be candidate, or to vote or refrain rendered an object of Divine from voting at an election. displeasure or of spiritual censure; shall be deemed to interfere with the free Bribery 169B. (1) Whoever— exercise of the electoral right of such in connection candidate or voter, within the meaning of with an, gives a gratification to any person election. (a) subsection (1). with the object of inducing him or any other person to exercise any (3) A declaration of public policy or a electoral right or of rewarding any promise of public action, or the mere person for having exercised any exercise of a legal right without intent to such right; or interfere with an electoral right, shall not be deemed to be interference within the (b) accepts either for himself or for any meaning of this section. other person any gratification as a reward for exercising any such right 169D. (1) Whoever at an election Personation at or for inducing or attempting to applies for a voting paper or votes in the elections. induce any other person to exercise name of any other person, whether living or any such right; dead, or in a fictitious name, or who having voted once at such election applies at the commits the offence of bribery : same election for a voting paper in his own name, and whoever abets, procures, or Provided that a declaration of public attempts to procure, the voting by any policy or a promise of public action shall person in any such way commits the offence not be an offence under this section. of personation at an election.
II/26 PENAL CODE [Cap. 25
(2) For the purposes of this section, the be punished with simple imprisonment for a word " election " includes any proceeding in term which may extend to one month, or which a poll or ballot is taken for the with fine which may extend to fifty rupees, purpose of ascertaining the opinion of the or with both; or, if the summons, notice, or majority of any specified set of persons on order is to attend in person or by agent, or any question held under or by virtue of any to produce a document in a Court of enactment or any rules or regulations made thereunder. Justice, with simple imprisonment for a term which may extend to six months, or Punishment 169E. Whoever commits the offence of with fine which may extend to one hundred for bribery. bribery shall be liable on summary rupees, or with both. conviction to a fine not exceeding five hundred rupees: 171. Whoever in any manner Preventing intentionally prevents the serving on service of Provided that bribery by treating shall be summons, himself, or on any other person, of any punished with a fine not exceeding two notice or hundred rupees. summons, notice, or order proceeding from order any public servant legally competent, as proceeding from a public Explanation.—" Treating " means that form of bribery such public servant, to issue such summons, servant or where the gratification consists in food, notice, or order, preventing drink, entertainment, or provision. publication thereof. Punishment 169F. Whoever commits the offence of for undue undue influence at an election shall be liable or intentionally prevents the lawful influence or on summary conviction to a fine not affixing to any place of any such personation at an exceeding five hundred rupees, and summons, notice, or order, election. whoever commits the offence of personation at an election shall be liable on or intentionally removes any such summary conviction to a fine not exceeding summons, notice, or order from any three hundred rupees. place to which it is lawfully affixed,
False state- 169G. Whoever with intent to affect the or intentionally prevents the lawful ment in result of an election makes or publishes any making of any proclamation, under connection with an statement purporting to be a statement of the authority of any public servant election. fact which is false and which he either legally competent, as such public knows or believes to be false or does not servant, to direct such proclamation believe to be true, in relation to the personal to be made, character or conduct of any candidate, shall be guilty of an offence and shall be punished shall be punished with simple imprisonment with fine. for a term which may extend to one monfh, or with fine which may extend to fifty Failure to keep 169H. Whoever being required by any rupees, or with both; election law for the time being in force or any rule accounts. having the force of law to keep accounts of or, if the summons, notice, or order, or expenses incurred at or in connection with proclamation is to attend in person an election, fails to keep such accounts, or by agent, or to produce a shall on conviction be punished with fine document in a Court of Justice, which may extend to three hundred rupees. with simple imprisonment for a term which may extend to six CHAPTER X months, or with fine which may extend to one hundred rupees, or OF CONTEMPTS OF THE LAWFUL with both. AUTHORITY OF PUBLIC SERVANTS 172. Whoever, being legally bound to Non- Absconding to 170. Whoever absconds in order to attend in person or by an agent at a certain attendance in obedience to avoid service of avoid being served with a summons, notice, place and time in obedience to a summons, summons, an order from notice or order or order proceeding from any public servant notice, order, or proclamation proceeding a public proceeding legally competent, as such public servant, to from any public servant legally competent, servant. from a public as such public servant, to issue the same, servant. issue such summons, notice, or order, shall II/27 Cap.25] PENAL CODE
intentionally omits to attend at that place 174. Whoever, being legally bound to Omission to or time, give any notice or to furnish information on give notice or information to any subject to any public servant, as such, a public or departs from the place where he is intentionally omits to give such notice or to servant by a bound to attend before the time at furnish such information in the manner and person legally which it is lawful for him to depart, bound to give at the time required by law, shall be notice or punished with simple imprisonment for a information. shall be punished with simple imprisonment term which may extend to one month, or for a term which may extend to one month, with fine which may extend to fifty rupees, or with fine which may extend to fifty or with both; rupees, or with both; or, if the notice or information required or, if the summons, notice, order, or to be given respects the commission proclamation is to attend in person or by agent in a Court of Justice, of an offence, or is required for the with simple imprisonment for a purpose of preventing the term which may extend to six commission of an offence, or in months, or with fine which may order to the apprehension of an extend to one hundred rupees, or offender, with simple imprisonment with both. for a term which may extend to six months, or with fine which may Illustrations extend to one hundred rupees, or with both. (a) A, being legally bound to appear before the Supreme Court or the High Court at 175. Whoever, being legally bound to Furnishing Colombo, in obedience to a summons, furnish information on any subject to any false intentionally omits to appear. A has public servant, as such, furnishes, as true, information. committed the offence defined in this section. information on the subject which he knows or has reason to believe to be false, shall be (b) A, being legally bound to appear before a punished with simple imprisonment for a District Judge or a Magistrate as a witness in term which may extend to six months, or obedience to a summons issued by that with fine which may extend to one hundred District Judge or Magistrate, intentionally rupees, or with both; omits to appear. A has committed the offence defined in this section. or, if the information which he is legally bound to give respects the Omission to 173. Whoever, being legally bound to commission of an offence, or is produce a produce or deliver up any document to any. document to a required for the purpose of public servant public servant, as such, intentionally omits preventing the commission of an by a person so to produce or deliver up the same, shall offence, or in order to the legally bound be punished with simple imprisonment for a apprehension of an offender, with to produce term which may extend to one month, or such imprisonment of either description document, with fine which may extend to fifty rupees, or with both; for a term which may extend to two years, or with fine, or with both. or, if the document is to be produced or delivered up to a Court of Justice, Illustration with simple imprisonment for a A, a landowner, knowing of the commission of a term which may extend to six murder within the limits of his estate, months, or with fine which may wilfully misinforms the Magistrate of the extend to one hundred rupees, or division that the death has occurred by with both. accident in consequence of the bite of a snake, A is guilty of the offence defined in Illustration this section.
A, being legally bound to produce a document 176. Whoever refuses to bind himself by Refusing oath before a District Court or a Magistrate's an oath or an affirmation to state the truth, when duly Court, intentionally omits to produce the required to same. A has committed the offence defined when required so to bind himself by a public take oath by a in this section. servant legally competent to require that he public servant. 11/28 PENAL CODE [Cap.25
shall so bind himself, shall be punished with Illustrations simple imprisonment for a term which may extend to six months, or with fine which (a) A informs the Inspector-General of Police that Z, a police officer, has been guilty of neglect of may extend to one hundred rupees, or with duty or misconduct, knowing such bolh. information to be false, and knowing it to be likely that the information will cause the Inspector-General to dismiss Z. A has Refusing to 177. Whoever, being legally bound to committed the offence defined in this answer a public state the truth on any subject to any public section. servant servant, refuses to answer any question authorized to (b) A falsely informs a public servant that Z has question. demanded of him touching that subject by contraband salt in a secret place, knowing such public servant, in the exercise of the such information to be false, and knowing legal powers of such public servant, shall be that it is likely that the consequence of the punished with simple imprisonment for a information will be a search of Z's premises, term which may extend to six months,'or attended with annoyance to Z. A has committed the offence defined in this with fine which may extend to one hundred section. rupees, or with both. 181. Whoever offers any resistance to Resistance to the taking of any property by the lawful taking of Refusing to 178. Whoever refuses to sign any property by the sign statement. statement made by him, when required to authority of any public servant, knowing or lawful sign that statement by a public servant having reason to believe that he is such authority of a legally competent to require that he shall public servant, shall be punished with public servant. imprisonment of either description for a sign that statement, shall be punished with term which may extend to six months, or simple imprisonment for a term which may with fine which may extend to one hundred extend to three months, or with fine which rupees, or with both. may extend to one hundred rupees, or with both. 182. Whoever intentionally obstructs Obstructing any sale of property offered for sale by the sale of lawful authority of any public servant, as property False statement 179. Whoever, being legally bound by offered for sale such, shall be punished with imprisonment on oath to an oath or an affirmation to state the truth by authority of public servant of either description for a term which may a public or person on any subject to any public servant or extend to one month, or with fine which servant. authorized to other person authorized by law to may extend to one hundred rupees, or with administer an administer such oath or affirmation, makes oath. both. to such public servant or other person as aforesaid, touching that subject, any 183. Whoever voluntarily obstructs any Obstructing public servant statement which is false, and which he either public servant or any person acting under the lawful orders of such public servant in in discharge of knows or believes to be false or does not his public the discharge of his public functions, shall believe to be true, shall be punished with functions. be punished with imprisonment of either imprisonment of either description for a description for a term which may extend to term which may extend to three years, and three months, or with fine which may shall also be liable to a fine. extend to one hundred rupees, or with both.
False 180. Whoever gives to any public 184. Whoever, being bound by law to Omission to information servant any information which he knows or render or furnish assistance to any public assist public with intent to servant in the execution of his public duty, servant when cause a public believes to be false, intending thereby to bound by law servant to use cause, or knowing it to be likely that he will intentionally omits to give such assistance, to give his lawful thereby cause, such public servant to use the shall be punished with simple imprisonment assistance. power to the lawful power of such public servant to the for a term which may extend to one month, injury of or with fine which may extend to jifty another injury or annoyance of any person, or to do rupees, or with both ; person. or omit anything which such public servant ought not to do or omit, if the true state of and if such assistance be demanded of him by a public servant legally facts respecting which such information .is competent to make such demand given were known by him, shall be punished for the purposes of executing any with imprisonment of either description for process lawfully issued by a Court a term which may extend to six months, or of Justice, or of preventing the with fine which may extend to one thousand commission of an offence, or of rupees, or with both. suppressing a riot, unlawful 11/29 Cap.25] PENAL CODE
assembly, or affray, or of punished with imprisonment of either apprehending a person charged description for a term which may extend to with or guilty of an offence or of two years, or with fine, or with both. having escaped from lawful custody, shall be punished with 187. Whoever holds out any threat of Threat of injury to any person for the purpose of injury to simple imprisonment for a term induce any which may extend to six months, or inducing that person to refrain or desist person to with fine which may extend to one from making a legal application, for refrain from protection against any injury, to any public applying for hundred rupees, or with both. protection to a servant legally empowered as such to give public servant. Disobedience 185. Whoever, knowing that, by an such protection or to cause such protection to an order order promulgated by a public servant to be given, shall be punished with duly promulgated lawfully empowered to promulgate such- imprisonment of either description for a by a public order, he is directed to abstain from a term which may extend to one year, or with servant. certain act, or to take certain order with fine, or with both. certain property in his possession or under his management, disobeys such direction, CHAPTER XI shall, if such disobedience causes or tends to cause obstruction, annoyance, or OF FALSE EVIDENCE AND OFFENCES injury, or risk of obstruction, AGAINST PUBLIC JUSTICE annoyance, or injury, to any 188. Whoever, being legally bound by Giving " false persons lawfully employed, be an oath or affirmation, or by any express evidence ". punished with simple imprisonment provision of law to state the truth, or being for a term which may extend to one bound by law to make a declaration upon month, or with fine which may any subject, makes any statement which is extend to fifty rupees, or with both ; false, and which he either knows or believes and if such disobedience causes or tends to be false, or does not believe to be true, is to cause danger to human life, said to give " false evidence ". health, or safety, or causes or tends to cause a riot or affray, shall be Wherever in any enactment the word punished with imprisonment of " perjury " occurs, such enactment shall be either description for a term which read as if the words " giving false evidence " may extend to six months, or with were therein used instead of the word fine which may extend to one " perjury ". hundred rupees, or with both. Explanation 1.—A statement is within the meaning Explanation.—It is not necessary that the offender of this section whether it is made verbally or should intend to produce harm, or otherwise. contemplate his disobedience as likely to Explanation 2.—A false statement as to the belief of produce harm. It is sufficient that he knows the person attesting is within the meaning of of the order which he disobeys, and that his this section, and a person may be guilty of disobedience produces, or is likely to giving false evidence by stating that he produce, harm. believes a thing which he does not believe, as Illustration well as by stating that he knows a thing which he does not know. An order is promulgated by a public servant lawfully empowered to promulgate such order, Illustrations directing that a religious procession shall not (a) A, in support of a just claim which B has againsi pass down a certain street. A knowingly Z for one thousand rupees, falsely swears on disobeys the order, and thereby causes a trial that he heard Z admit the Justice of danger of riot. A has committed the offence B's claim. A has given false evidence. defined in this section. Threat of 186. Whoever holds out any threat of (b) A, being bound by an oath to state the truth, injury to a injury to any public servant, or to any states that he believes a certain signature to public servant. be the handwriting of Z, when he docs not person in whom he believes that public believe it to be the handwriting of Z. Here A servant to be interested, for the purpose of states that which he knows to be false, and inducing that public servant to do any act, therefore gives false evidence. or to forbear or delay to do any act, (c) A, knowing the general character of Z's connected with the exercise Of the public handwriting, states that he believes a certain functions of such public servant, shall be signature to be the handwriting of Z, A in 11/30 PENAL CODE [Cap. 25
good faith believing it to be so. Here A's and whoever intentionally gives or statement is merely as to his belief, and is fabricates false evidence in any true as to his belief, and therefore, although other case shall be punished with the signature may not be the handwriting of imprisonment of either description Z, A has not given false evidence. for a term which may extend to (d) A, being bound by an oath to state the truth, three years, and shall also be liable states that he knows that Z was at a to fine. particular place on a particular day, not knowing anything upon the subject. A gives Explanation I.—A trial before a court-martial or false evidence, whether Z was at that place before a military court of requests is a on the day named or not. judicial proceeding. (e) A, an interpreter or translator, gives or certifies as Explanation 2.—An investigation directed by law, a true interpretation or translation of a preliminary to a proceeding before a Court statement or document, which he is bound of Justice, is a stage of a judicial proceeding, by oath to interpret or translate truly, that though that investigation may not take place which is not and which he does not believe before a Court of Justice. to be a true interpretation or translation. A Illustration has given false evidence. A, in an inquiry before a Magistrate for the purpose " Fabricating 189. Whoever causes any circumstance of ascertaining whether Z ought to be false to exiat, or makes any false entry in any evidence ". committed for trial, makes on oath a book or record, or makes any document statement which he knows to be false. As containing a false statement, intending that this inquiry is a stage of a judicial such circumstance, false entry, or false proceeding, A has given false evidence. statement may appear in evidence in a Explanation 3.— An investigation directed by a judicial proceeding, or in a proceeding taken Court of Justice according to law, and by law before a public servant as such, or conducted under the authority of a Court of before an arbitrator, and that such Justice, is a stage of a judicial proceeding, though that investigation may not take place circumstance, false entry, or false statement, before a Court of Justice. so appearing in evidence, may cause any person, who in such proceeding is to form Illustration an opinion upon the evidence, to entertain A, in an inquiry before an officer deputed by a Court an erroneous opinion touching any point of Justice to ascertain on the spot the boundaries of land, makes on oath or material to the result of such proceeding, is affirmation a statement which he knows to said " to fabricate false evidence ". be false. As this inquiry is a stage of a Judicial proceeding, A has given false Illustrations evidence. (a) A puts jewels into a box belonging to Z, with the intention that they may be found in that 191. Whoever gives or fabricates false Giving or box, and that this circumstance may cause Z evidence, intending thereby to cause, or fabricating to be convicted of theft. A has fabricated knowing it to be likely that he will thereby false evidence false evidence. with intent to cause, any person to be convicted of an procure (b) A makes a false entry in his shop book for the offence which is punishable with death by conviction of a purpose of using it as corroborative evidence this Code, shall be punished with rigorous capilal offence. in a Court of Justice. A has fabricated false imprisonment for a term which may extend evidence. to ten years, and shall also be liable to fine ; (c) A, with the intention of causing 2 to be convicted of a criminal conspiracy, writes a letter in and if an innocent person be convicted If innocent imitation of Z's handwriting, purporting to and executed in consequence of person be thereby be addressed to an accomplice in such such false evidence, the person who convicted and criminal conspiracy, and puts the letter in a gives such false evidence shall be executed. place which he knows that the officers of the punished with death. police are likely to search. A has fabricated false evidence. 192. Whoever gives or fabricates false Giving or evidence intending thereby to cause, or fabricating Punishment for 190. Whoever intentionally gives false false evidence giving or evidence in any stage of a judicial knowing it to be likely that he will thereby with intent to fabricating cause, any person to be convicted of an procure false evidence. proceeding, or fabricates false evidence for offence which by this Code is not capital, conviction of the purpose of being used in any stage of a an offence judicial proceeding, shall be punished with but punishable with imprisonment for a punishable imprisonment of either description for a term of seven years or upwards, shall be with punished as a person convicted of that imprisonment term which may extend to seven years, and for seven years shall also be liable to fine; offence would be liable to be punished. or upwards. 11/31 Cap.25] PENAL CODE
Illustration shall, if the offence which he knows or If a capital believes to have been committed is offence. A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted punishable with death, be punished of a robbery. The punishment of robbery is with imprisonment of either rigorous imprisonment for a term which may description for a term which may extend to ten years, with or without fine. A, extend to seven years, and shall also therefore, is liable to such imprisonment, be liable to fine ; with or without fine.
Using evidence 193. Whoever corruptly uses or attempts and if the offence is punishable with If punishable known to be to use as true or genuine evidence any imprisonment which may extend to with ten years' false. evidence which he knows to be false or ten years, shall be punished with imprisonment. fabricated shall be punished in the same imprisonment of either description manner as if he gave or fabricated false for a term which may extend to evidence. three years, and shall also be liable to fine; Issuing or 194. Whoever issues or signs any signing a false certificate required by taw to be given or certificate. and if the offence is punishable with If punishable signed, or relating to any fact of which such imprisonment for any term not with less than certificate is by law admissible in evidence, extending to ten years, shall be ten years' knowing or believing that such certificate is imprisonment. punished with imprisonment of the false in any material point, shall be description provided for the punished in the same manner as if he gave false evidence. offence, for a term which may extend to one-fourth part of the Using as a true 195. Whoever corruptly uses or attempts longest term of the imprisonment certificate one to use any such certificate as a true provided fur the offence, or with known to be false in a certificate, knowing the same to be false in fine, or with both. material point. any material point, shall be punished in the same manner as if he gave false evidence. Illustration
False statement 196. Whoever, in any declaration made A, knowing that B has murdered Z, assists B to hide made in any or subscribed by him, which declaration any the body with the intention of screening B declaration Court of Justice, or any public servant or from punishment. A is liable to which is by law imprisonment of either description for seven receivable as other person, is bound or authorized by law evidence. to receive, makes any statement which is years, and also to fine. false, and which he either knows or believes 199. Whoever, knowing or having Intentional to be false or does not believe to be true, reason to believe that an offence has been omission to touching any point material to the object for committed, intentionally omits to give any give which the declaration is made or used, shall information of information respecting that offence which an offence by a be punished in the same manner as if he he is legally bound to give, shall be punished person bound gave false evidence. to inform. with imprisonment of either description for Using as true 197. Whoever corruptly uses or attempts a term which may extend to six months, or any such to use as true any such declaration, knowing with fine, or with both. declaration known to be the same to be false in any material point, false. shall be punished in the same manner as if 200. Whoever knowing or having reason Giving false to believe that an offence has been information he gave false evidence. respecting an committed, gives any information respecting offence Explanation.—A declaration which is inadmissible that offence which he knows or believes to committed. merely upon the ground of some informality be false, shall be punished with is a declaration within the meaning of sections 196 and 197. imprisonment of either description for a term which may extend to two years, or Causing 198. Whoever, knowing or having with fine, or with both. disappearance reason to believe that an offence has been of evidence of 201. Whoever secretes or destroys any Destruction of an offence committed, causes any evidence of the commission of that offence to disappear, document which he may be lawfully document to committed, or prevent its giving false with the intention of screening the offender compelled to produce as evidence in a Court production as information from legal punishment, or with that of Justice, or in any proceeding lawfully evidence. touching it, to screen the intention gives any information respecting held before a public servant as such, or offender. the offence which he knows or believes to be obliterates or renders illegible the whole or false, any part of such document with the 11/32 PENAL CODE [Cap.25
intention of preventing the same from being 205. Whoever fraudulently causes or Fraudulently produced or used as evidence before such suffers a decree or order to be passed suffering a decree for a court or public servant as aforesaid, or after against him at the suit of any person for a sum not due. he shall have been lawfully summoned or sum not due, or for a larger sum than is due required to produce the same for that to such person, or for any property or purpose, shall be punished with interest in property to which such person is imprisonment of either description for a not entitled, or fraudulently causes or term which may extend to two years, or suffers a decree or order to be executed with fine, or with both. against him after it has been satisfied, or for anything in respect of which it has been False 202. Whoever falsely personates satisfied, shall be punished with personation for another, and in such assumed character the purpose of imprisonment of either description for a any act or makes any admission or statement, or term which may extend to two years, or proceeding in a confesses Judgment, or causes any process to with fine, or with both. suit. be issued, or becomes bail or security, or does any other act in any suit or criminal Illustration prosecution, shall be punished with A institutes a suit against Z. Z, knowing that A is imprisonment of either description for a likely to obtain a decree against him, term which may extend to three years, or fraudulently suffers a judgment to pass with fine, or with both. against him for a larger amount al the suit of B, who has no just claim against him, in Fraudulent 203. Whoever fraudulently removes, order that B, either on his own account or removal or conceals, transfers, or delivers to any person for the benefit of Z, may share in the concealment of proceeds of any sale of Z's property which properly to any property or any interest therein may be made under A's decree. Z has prevent its intending thereby to prevent that property committed an offence under this section. seizure as a or interest therein from being taken as a forfeiture or in forfeiture, or in satisfaction of a fine under a 206. Whoever fraudulently or Fraudulently execution of a dishonestly or with intent to injure or annoy or dishonestly decree. sentence which has been pronounced, or making a false which he knows to be likely to be any person, makes in a Court of Justice any claim in a pronounced, by a Court of Justice or other claim which he knows to be false, shall be Court of competent authority, or from being taken in punished with imprisonment of either Justice. execution of a decree or order which has description for a term which may extend to been made or which he knows to be likely to two years, and shall also be liable to fine. be made by a Court of Justice in a civil suit, shall be punished with imprisonment of 207. Whoever fraudulently obtains a Fraudulently decree or order against any person for a sum obtaining a either description for a term which may decree for a extend to two years, or with fine, or with not due, or for a larger sum than is due, or sum not due. both. for any property or interest in property to which he is not entitled, or fraudulently Fraudulent 204. Whoever fraudulently accepts, causes a decree or order to be executed claim to receives, or claims any property or any against any person after it has been satisfied, property to or for anything in respect of which it has prevent its interest therein, knowing that he has no seizure as a right or rightful claim to such property or been satisfied, or fraudulently suffers or forfeiture or in interest, or practises any deception touching permits any such act to be done in his name, execution of a any right to any' property or any interest shall be punished with imprisonment of decree. therein, intending thereby to prevent that either description for a term which may property or interest therein from being extend to two years, or with fine, or with taken as a forfeiture or in satisfaction of a both. fine, under a sentence which has been pronounced, or which he knows to be likely 208. Whoever, with intent to cause injury False charge of to any person, institutes or causes to be offence made to be pronounced, by a Court of Justice or with intent to other competent authority, or from being instituted any criminal proceeding against injure. taken in execution of a decree or order that person, or falsely charges any person which has been made or which he knows to with having committed an offence, knowing be likely to be made by a Court of Justice in that there is no just or lawful ground for such a civil suit, shall be punished with proceeding or charge against that person, imprisonment of either description for a shall be punished with imprisonment of term which may extend to two years, or either description for a term which may with fine, or with both. extend to two years, or with fine, or with both:
II/33 Cap.25] PENAL CODE
and if such criminal proceeding be offence, or of his screening any person from instituted on a false charge of an legal punishment for any offence, or of his not offence punishable with death.-or proceeding against any person for the purpose imprisonment for seven years or of bringing him to legal punishment, upwards, shall be punished with imprisonment of either description shall, if the offence is punishable with Ifcapital for a term which may extend to death, be punished with offence seven years, and shall also be liable imprisonment of either description to fine. for a term which may. extend to seven years, and shall also be liable Harbouring an 209. Whenever an offence has been to fine; offender. committed, whoever harbours, conceals, assists, or maintains a person whom he and if the offence is punishable with If punishable imprisonment which may extend to with ten years' knows or has reason to believe to be the imprisonment. offender, with the intention of screening him ten years, shall be punished with from legal punishment, imprisonment of either description for a term which may extend to three If a capital shall, if the offence is punishable with years, and shall also be liable to fine; offence. death, be punished with imprisonment of either description and if the offence is punishable with If punishable imprisonment not extending to ten with less than for a term which may extend to five ten years' years, and shall also be liable to years, shall be punished with imprisonment. fine; imprisonment of the description provided for the offence for a term If punishable and if the offence is punishable with which may extend to one-fourth part with ten years' imprisonment which may extend to of the longest term of imprisonment imprisonment. ten years, shall be punished with provided for the offence, or with fine, imprisonment of either description or with both . for a term which may extend to three years, and shall also be liable and if the offence is punishable with fine. If punishable to fine; shall be punished with fine- with fine Offering If punishable 211. Whoever gives or causes, or offers or and if the offence is punishable with gratification or with less than agrees to give or cause, any gratification to imprisonment which may extend to restoration of ten years' any person, or to restore or cause the property in imprisonment. one year and not to ten years, shall be punished with imprisonment of restoration of any property to any person in consideration of consideration of that person's concealing an screening the description provided for the offender. offence for a term which may extend offence, or of his screening any person from to one-fourth part of the longest term legal punishment for any offence, or of his not of imprisonment provided for the proceeding against any person for the purpose offence, or with fine, or with both. of bringing him to legal punishment, If a capital Exception.—Tim provision shall not extend to any shall, if the offence is punishable with offence. case in which the harbour or concealment is by the death, be punished with husband or wife of the offender. imprisonment of either description Illustration for a term which may extend to A, knowing that B has committed robbery, knowingly seven years, and shall also be liable conceals B in order to screen him from legal to fine; punishment. Here. as B is liable to If punishable imprisonment which may extend to ten years, and if the offence is punishable with imprisonment which may extend to with ten years' A is liable to imprisonment of either imprisonment description for a term not exceeding three ten years, shall be punished with years, and is also liable to fine. imprisonment of either description for a term which may extend to three Taking 210. Whoever accepts, or attempts to years and shall also be liable to fine; gratification, obtain, or agrees to accept any gratification &c., to screen an offender for himself or any other person, or any and if the offence is punishable with If punishable from restitution of property to himself or any other imprisonment not extending to ten with less than punishment. ten years' person in consideration of his concealing an years, shall be punished with imprisonment.
11/34 PENAL CODE [Cap.25
imprisonment of the description imprisonment of the description provided for the offence for a term provided for the offence for a term which may extend to one-fourth which may extend to one-fourth part of the longest term of part of the longest term of the imprisonment provided for the imprisonment provided for such offence, or with fine, or with both ; offence, or with fine, or with both.
If punishable and if the offence is punishable with fine, Exception.—This provision does not extend to the with fine. shall be punished with fine. case in which the harbour or concealment is by the husband or wife of the person to be apprehended. Exception.—The provisions of sections 210 and 211 do not extend to any case in which the offence may 214. Whoever, being a public servant, Public servant lawfully be compounded. knowingly disobeys any direction of the law disobeying a as to the way in which he is to conduct direction of Taking 212. Whoever takes or agrees or law with intent gratification to himself as such public servant, intending to save person consents to take any gratification under from help to recover pretence or on account of helping any thereby to save, or knowing it to be likely stolen that he will thereby save, any person from punishment or property,&c. person to recover any movable property of property from which he shall have been deprived by any legal punishment or subject him to a less forfeiture. offence punishable under this Code, shall, punishment than that to which he is liable, unless he uses all means in his power to or with intent to save, or knowing that he is cause the offender to be apprehended and likely thereby to save, any property from convicted of the offence, be punished with forfeiture or any charge to which it is liable imprisonment of either description for a by law, shall be punished with term which may extend to two years, or imprisonment of either description for a with fine, or with both. term which may extend to two years, or with fine, or with both. Harbouring an 213. Whenever any person convicted of offender who or charged with an offence, being in lawful 215. Whoever, being a public servant, Public servant has escaped custody for that offence, escapes from such from custody and being, as such public servant, charged framing an or whose custody, or whenever a public servant, in with the preparation of any record or other incorrect apprehension the exercise of the lawful powers of such record or writing, frames that record or writing in a has been public servant, orders a certain person to be writing with ordered. manner which he knows to be incorrect, intent to save apprehended for an offence, whoever, person from knowing of such escape or order for with intent to cause, or knowing it to be punishment or apprehension, harbours or conceals that likely that he will thereby cause, loss or property from forfeiture. person with the intention of preventing him injury to the public or to any person, or from being apprehended, shall be punished with intent thereby to save, or knowing it to in the manner following, that is to say, be likely that he will thereby save, any person from legal punishment, or with If a capital if the offence for which the person was in intent to save or knowing that he is likely offence. custody or is ordered to be thereby to save any property from forfeiture apprehended is punishable with or other charge to which it is liable by law, death, he shall be punished with shall be punished with imprisonment of imprisonment of either description either description for a term which may for a term which may extend to extend to three years, or with fine, or with seven years, and shall also be liable both. to fine;
If punishable if the offence is punishable with 216. Whoever, being a public servant, Intentional with ten years' imprisonment for a term which may legally bound as such public servant to omission to imprisonment. extend to ten years, he shall be apprehend on apprehend or to keep in confinement any the part of a punished with imprisonment of person charged with or liable to be public servant either description for a term which apprehended for an offence, intentionally bound by law may extend to three years, with or omits to apprehend such person, or to apprehend. without fine; intentionally suffers such person to escape, If punishable and if the offence is punishable with or intentionally aids such person in escaping with less than imprisonment which may extend to or attempting to escape, from such ten years' confinement, shall be punished as follows, imprisonment. one year and not to ten years, he shall be punished with that is to say ;—
II/35 Cap.25] PENAL CODE
Punishment. (a) with imprisonment of either (c) with imprisonment of either description for a term which may description for a term which may extend to seven years, with or extend to three years, or with fine, without fine, if the person in or with both, if the person in confinement or who ought to have confinement, or who ought to have been apprehended was charged with been apprehended, is subject, by a or liable to be apprehended for an sentence of a Court of Justice, to offence punishable with death ; or imprisonment for a term not (b) with imprisonment of either extending to ten years, or if the description for a term which may person was lawfully committed to extend to three years, with or custody. without fine, if the person in confinement or who ought to have 218. Whoever, being a public servant, Escape from been apprehended was charged with legally bound as such public servant to keep confinement or or liable to be apprehended for an custody offence punishable with in confinement any person charged with or negligently imprisonment for a term which may convicted of any offence or lawfully suffered by a extend to ten years; or committed to custody, negligently suffers public servant, such person to escape from confinement, (c) with imprisonment of either shall be punished with simple imprisonment description for a term which may for a term which may extend to two years, extend to two years, with or or with fine, or with both. without fine, if the person in confinement or who ought to have been apprehended was charged with 219. Whoever intentionally offers any Resistance or resistance or illegal obstruction to the lawful obstruction by or liable to be apprehended for an a person to his offence punishable with apprehension of himself for any offence lawful imprisonment for a term less than with which he is charged or for which he has apprehension. ten years. been convicted, or escapes or attempts to escape from any custody in which he is Intentional 217. Whoever, being a public servant, omission to legally bound as such public servant to lawfully detained for any such offence, shall apprehend on apprehend or to keep in confinement any be punished with imprisonment of either the part of a description for a term which may extend to public servant person under sentence of a Court of Justice bound by law for any offence, or if the person was two years, or with fine, or with both. to apprehend lawfully committed to custody, intentionally person under omits to apprehend such person, or sentence or intentionally suffers such person to escape Explanation.—The punishment in this section is in lawfully addition to the punishment for which the committed, or intentionally aids such person in escaping or attempting to escape from such person to be apprehended or detained in confinement, shall be punished as follows, custody was liable for the offence with which he was charged, or of which he was that is to say;— convicted. Punishment. (a) with imprisonment of either description for a term which may 219A. Whoever intentionally offers any Resistance or extend to fourteen years, with or resistance or illegal obstruction to the lawful obstruction to without fine, if the person in lawful apprehension of himself or of any other apprehension confinement or who ought to have person on any civil process issued by any under a civil been apprehended is under sentence competent Court of Justice, or who escapes process. of death; or or attempts to escape from any custody in (b) with imprisonment of either which he is lawfully detained on such description for a term which may process, or who rescues or attempts to extend to seven years, with or rescue any other person from any custody without fine, if the person in in which that person is lawfully detained on confinement or who ought to have such process, shall be guilty of an offence, been apprehended is subject, by a sentence of a Court of Justice, or by and shall on conviction be liable to a fine Punishment. virtue of a commutation of such not exceeding one hundred rupees, or to sentence, to imprisonment for a simple or rigorous imprisonment for any term of ten years or upwards; or term not exceeding six months, or to both. 11/36 PENAL CODE [Cap.25
Resistance or 220. Whoever intentionally offers any other person, or escapes or attempts to obstruction to resistance or illegal obstruction to the lawful escape from any custody in which he is the lawful apprehension apprehension of any other person for an lawfully detained, or rescues or attempts of another offence, or rescues or attempts to rescue any to rescue any other person from any custody person. other person from any custody in which that in which that person is lawfully detained, person is lawfully detained for an offence, shall be punished with imprisonment of Punishment. shall be punished with imprisonment of either description for a term which may either description for a term which may extend to two years or with fine, or with extend to six months, or with fine, or with both; or both.
if the person to be apprehended, or the person rescued, or attempted to be 221. Whoever escapes or attempts to Escape from rescued, is charged with or liable to escape from any custody in which he is lawful custody. be apprehended for an offence lawfully detained for failing to furnish good punishable with imprisonment for a security for the peace or good behaviour, term which may extend to ten shall be punished with imprisonment of years, shall be punished with either description for a term which may imprisonment of either description extend to one year, or with fine, or with for a term which may extend to both. three years, and shall also be liable- to fine; or 222. Whoever, having accepted any Violation of if the person to be apprehended or conditional pardon or remission of condition of ' remission of rescued, or attempted to be rescued, punishment, knowingly violates an y punishment is charged with or liable to be condition on which such remission was apprehended for an offence granted, shall, if his original sentence is one punishable with death, shall be of death, be punished with imprisonment of punished with imprisonment of either description which may extend to either description for a term which twenty years, and if his original sentence be may extend to seven years, and not one of death, be punished with the shall also be liable to fine ; or punishment to which he was originally sentenced if he has already suffered no part if the person to be apprehended or of that punishment, and if he has suffered rescued, or attempted to be rescued, any part of the punishment, then with so is liable, under the sentence of a much of that punishment as he has not Court of Justice, or by virtue of a commutation of such a sentence, to already suffered. imprisonment for a term of ten years or upwards, shall be punished 223. Whoever intentionally offers any Intentional with imprisonment of either insult or causes any interruption to any insult or interruption of description for a term which may public servant, while such public servant is a public extend to seven years, and shall also sitting in any stage of a judicial proceeding, servant silting be liable to fine ; or shall be punished with simple imprisonment in any stage of a judicial for a term which may extend to six months, proceeding. if the person to be apprehended or or with fine which may extend to one rescued, or attempted to be rescued, thousand rupees, or with both. is under sentence of death, shall be punished with imprisonment of 224. Whoever, by personation or either description for a term not Personation of otherwise, shall intentionally cause or a juror or exceeding ten years, and shall also be liable to fine. knowingly suffer himself to be returned, assessor empanelled, or sworn as juryman or- Resistance, 220A. Whoever, in any case not provided assessor in any case in which he knows that obstruction, for in sections 2!9, 219A. 220 or in any other he is not entitled by law to be so returned, escape, or empanelled, or sworn, or knowing himself rescue in cases law for the time being in force, intentionally not otherwise offers any resistance or illegal obstruction to to have been so returned, empanelled, or provided for. the lawful apprehension of himself or of any sworn contrary to law, shall voluntarily
II/37 Cap.25] PENAL CODE
serve on such jury or as such assessor, shall purpose of counterfeiting coin, shall be be punished with imprisonment of either punished with imprisonment of either description for a term which may extend to description for a term which may extend to two years, or with fine, or with both. three years, and shall also be liable to fine.
CHAPTER XII 229. Whoever makes or mends, or Making or OF OFFENCES RELATING To COIN AND performs any part of the process of making selling instrument for GOVERNMENT STAMPS or mending, or buys, sells, or disposes of counterfeiting any die or instrument for the purpose of current coin. Meaning of 225. " Coin " is a metal used as money being used, or knowing or having reason to tt coin " and stamped and issued by the authority of the believe that it is intended to be used, for the " current coin " Government of Ceylon or under the purpose of counterfeiting current coin, shall [§2,6 of 1968] Currency Ordinance, No. 21 of 1941, or be punished with imprisonment of either under the Monetary Law Act, or under any description for a term which may extend to enactment in operation for the time being seven years, and shall also be liable to fine. relating to the issue of coins in Sri Lanka or by the authority of the Government of any 230. Whoever is in possession of any Possession of foreign country in order to be so used. instrument or material for the purpose of instrument or material for the using the same for counterfeiting coin, or purpose of " Current coin" means coin which is knowing or having reason to believe that the using the same lawfully current in Sri Lanka or in any for same is intended to be used for that counterfeiting foreign country. purpose, shall be punished with coin imprisonment of either description for a Illustrations term which may extend to three years, and shall also be liable to fine • (a} Cowries are not coin. (b) Lumps or bars of unstamped metal, though and if the coin to be counterfeited is used as money, are not coin. current coin, shall be punished with (c) Medals are not coin, inasmuch as they are not imprisonment of either description intended to be used as money. for a term which may extend to ten Counterfeiting 226. Whoever counterfeits or knowingly years, and shall also be liable to coin. performs any part of the process of fine. counterfeiting coin shall be punished with imprisonment of either description for a 231. Whoever, being within Sri Lanka, Abetting in Sri term which may extend to seven years, and abets the counterfeiting of coin out of Sri, Lanka the T i i- ii L • i- -i • ti. shall also be liable to fine. Lanka, shall be punished in the same counterfeiting manner as if he abetted the counterfeiting of of coin out of Explanation.—A person commits this offence who, such coin within Sri Lanka. Sri lanka intending to practise deception, or knowing il to be likely thai deception will thereby be practised, causes a genuine coin to appear 232. Whoever imports intc Sri Lanka, Import or like a different coin. or exports therefrom, any counterfeit coin, export of counterfeit knowing or having reason to believe that the coin Counterfeiting 227. Whoever counterfeits or knowingly same is counterfeit, shall be punished with current coin. performs any part of the process of imprisonment of either description for a counterfeiting current coin shall be punished term which may extend to three years, and with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. shall also be liable to fine. 233. Whoever imports into Sri Lanka, Import or Making or 228. Whoever makes or mends, or or exports therefrom, any counterfeit export of selling performs any part of the process of making current coin, knowing or having reason to counterfeits instrument for of current counterfeiting or mending, or buys, sells, or disposes of believe that the same is counterfeit, shall be coin coin. any die or instrument for the purpose of punished with imprisonment of either being used, or knowing or having reason to description for a term v^liich may extend to believe that it is intended to be used, for the ten years, and shall also be liable to fine.
11/38 PENAL CODE [Cap.25
Delivery to 234. Whoever, having any counterfeit Explanation A person who scoops out part of the another of coin, which at the time he became possessed coin and puts anything else into the cavity counterfeit of it he knew to be counterfeit, fraudulently, alters the composition of that coin. coin possessed with the or with intent that fraud may be committed, delivers the same to any person, or attempts 240. Whoever fraudulently or Fraudulently knowledge that dishonestly performs on any current coin or dishonestly il is to induce any person to receive it, shall be diminishing the counterfeit. punished with imprisonment of either any operation which diminishes the weight weigh! or description for a term which may extend to or alters the composition of that coin. shall altering the five years, and shall also be liable to fine. be punished with imprisonment of either composition of description for a term which may extend to current coin. Delivery of 235. Whoever, having any counterfeit seven years, and shall also be liable to fine. current coin current coin, which at the time he became possessed with possessed of it he knew to be counterfeit, 241. Whoever performs on any coin any Altering the knowledge operation which alters the appear.-' ce of appearance of that il is fraudulently, or with intent that fraud may any coin with counterfeit. be committed, delivers the same to any that coin with the intention that the said intent that it person, or attempts to induce any person to coin shall pass as a coin of a different shall pass as a receive it, shall be punished with description, shall be punished with coin of a imprisonment of either description for a imprisonment of either description for a different term which may extend to ten years, and term which may extend to three years, and description. shall also be liable to fine. shall also be liable to fine.
Delivery to 236. Whoever delivers to any other 242. Whoever performs on any current Altering another of coin person as genuine, or attempts to induce coin any operation which alters the apneaiance of as genuine any other person to receive as genuine, any cuncnt coin which when appearance of that coin, with the intention with intent that first possessed counterfeit coin which he knows to be that the said coin shall pass as a coin of a it shdil pass as the deliverer counterfeit,but which he did not know to be different description, shall be punished with a coin of a did nol know counterfeit at the time when he took it into imprisonment of either description for a different to be his possession, shall be punished with description, counterfeit. term which may extend to seven years, and imprisonment of either description for a shall also be liable to fine. term which may extend to two years, or with fine to an amount which may extend to 243. Whoever, having coin in his ten times the value of the coin counterfeited, Delivery to possession with respect to which the offence another of coin or with both. defined in sections 239 or 241 has been possessed with the knowledge Possession of 237. Whoever, fraudulently or with committed, and having known at the time that it is counterfeit intent that fraud may be committed, is in when he became possessed of such coin that altered. coin by a possession of counterfeit coin, having such offence had been committed with person who respect to it, fraudulently, or with intent knew it to be known at the time when he became counterfeit possessed thereof that such coin was that fraud may be committed, delivers such when he counterfeit, shall be punished with coin to any other person, or attempts to became imprisonment of either description for a induce any other person to receive the same, possessed thereof. term which may extend to three years, and shall be punished with imprisonment of shall also be liable to fine. either description for a term which may extend to five years, and shall also be liable Possession of 238. Whoever, fraudulently or with to fine. counterfeit intent that fraud may be committed, is in current coin by possession of counterfeit current coin, a person who 244. Whoever, having coin in his Delivery of knew it to be having known at the time when he became possession with respect to which the offence coin with the counterfeit possessed thereof that such coin was defined in sections 240 or 242 has been knowledge that when he counterfeit, shall be punished with it is altered. became committed, and having known at the time imprisonment of either description for a when he became possessed of such coin that possessed term which may extend to seven years, and thereof. such offence has been committed with shall also be liable to fine. respect to it, fraudulently, or with intent Fraudulently 239. Whoever fraudulently or that fraud may be committed, delivers such or dishonestly dishonestly performs on any coin any coin to any other person, or attempts to diminishing the operation which diminishes the weight or induce any other person to receive the same, weight or shall be punished with imprisonment of altering the alters the composition of that coin, shall be composition of punished with imprisonment of either either description for a term which may any coin. description for a term which may extend to extend to ten years, and shall also be liable three years, and shall also be liable to fine. to fine.
11/39 Cap.25] PENAL CODE
Possession of 245. Whoever, fraudulently, or with 249.* Whoever has in his possession any Having altered coin by intent that fraud may be committed, is in instrument or material for the purpose of possession of a person who an instrument knew it to be possession of coin with respect to which the being used, or knowing or having reason to or material for altered when offence defined in either of the sections 239 believe that it is intended to be used, for the the purpose of he became or 241 has been committed, having known counterfeiting possessed purpose of counterfeiting any stamp issued a Government thereof. at the time of becoming possessed thereof by Government for the purpose of revenue, stamp. that such offence had been committed with shall be punished with imprisonment of respect to such coin, shall be punished with either description for a term which may imprisonment of either description for a term which may extend to three years, and extend to seven years, and shall also be shall also be liable to fine. liable to fine.
Possession of 246. Whoever, fraudulently, or with 250.* Whoever makes, or performs any Making or current coin by intent that fraud may be committed, is in part of the process of making, or buys, or selling a person who possession of current coin, with respect to instrument for knew it to be sells, or disposes of any instrument for the the purpose of which the offence defined in either of the altered when purpose of being used, or knowing or counterfeiting he became sections 240 or 242 has been committed, a Government possessed having reason to believe that it is intended stamp. thereof. having known at the time of becoming possessed thereof that such offence had been to be used, for the purpose of counterfeiting committed with respect to such current coin, any stamp issued by Government for the shall be punished with imprisonment of purpose of revenue, shall be punished with either description for a term which may imprisonment of either description for a extend to five years, and shall also be liable term which may extend to seven years, and to fine. shall also be liable to fine.
Delivery to 247. Whoever delivers to any other 251.* Whoever sells, or offers for sale, Sale of another of coin person as genuine, or as a coin of a different as genuine any stamp which he knows or has reason to counterfeit which when description from which it is, or attempts to Government first possessed induce any person to receive as genuine or believe to be a counterfeit of any stamp stamp. the deliverer as a different coin from which it is, any coin issued by Government for the purpose of did not know revenue, shall be punished with to be altered. in respect of which he knows that any such operation as that mentioned in sections 239, imprisonment of either description for a 240, 241, or 242 has been performed, but in term which may extend to seven years, and respect of which he did not at the time when shall also be liable to fine. he took it into his possession know that such operation had been performed, shall be 252.* Whoever has in his possession any Having punished with imprisonment of either stamp which he knows to be a counterfeit of possession of a description for a term which may extend to counterfeit any stamp issued by Government for the Government two years, or with fine to an amount which stamp. may extend to ten times the value of the purpose of revenue, intending to use or coin for which the altered coin is passed or dispose of the same as a genuine stamp ,or attempted to be passed. in order that it may be used as a genuine stamp, shall be punished with imprisonment Counterfeit- 248.* Whoever counterfeits, or of either description for a term which may ing a Govern- knowingly performs any part of the process extend to seven years, -and shall also be ment stamp. of counterfeiting, any stamp issued by liable to fine. Government for the purpose of revenue, shall be punished with imprisonment of 253.* Whoever uses as genuine any Using as either description for a term which may stamp, knowing it to be a counterfeit of any genuine a extend to fifteen years, and shall also be Government stamp issued by Government for the liable to fine. stamp known purpose of revenue, shall be punished with to be counterfeit. Explanation. A person commits this offence who imprisonment of either description for a counterfeits by causing a genuine stamp of one denomination to appear like a genuine term which may extend to seven years, or stamp of a different denomination. with fine, or with both
* Sections 24H to 256 apply to Savings Stamps in like manner as those provisions apply to stamps issued by the Government for purposes of revenue.— Section 74(3) of the National Savings Bank Act-
11/40 PENAL CODE [C ap.25
Effacing any 254.* Whoever, fraudulently or with CHAPTER XIII Writing from a intent to cause loss to the Government, substance OF OFFENCES RELATING TO WEIGHTS AND bearing a removes or effaces from any substance Government bearing any stamp issued by Government MEASURES stamp or for the purpose of revenue any writing or removing from 257. Whoever fraudulently uses any Fraudulent use a document a document for which such stamp has been weighing or measuring instrument, which he of false stamp used for used, or removes from any writing or knows to be false, shall be punished with weighing or it with inlent to document a stamp which has been used for measuring cause loss to imprisonment of either description for a instrument. Government. such writing or document, in order that term which may extend to one year, or with such stamp may be used for a different fine, or with both. writing or document, shall be punished with imprisonment of either description for a 258. Whoever fraudulently uses any Fraudulent use term which may extend to three years, or false weight or false measure of length or of false weight with fine, or with both. capacity, or fraudulently uses any weight or or measure. any measure of length or capacity as a Using a 255.* Whoever, fraudulently or with different weight or measure from what it is, Government intent to cause loss to the Government, uses stamp known shall be punished with imprisonment of lo have been for any purpose a stamp issued by either description for a term which may before used. Government for the purpose of revenue, extend to one year, or with fine, or with which he knows to have been before used, both. shall be punished with imprisonment of 259. Whoever is in possession of any Being in either description for a term which may false weighing or measuring instrument, or possession of extend to two years, or with fine, or with false weights or of any false weight, or of any false measure measures. both. of length or capacity, intending that the Erasure of 256.* Whoever, fraudulently or with same may be fraudulently used. shall be mark denoting intent to cause loss to Government, erases punished with imprisonment of either that stamp has or removes from a stamp issued by description for a term which may extend to been used. one year, or with fine, or with both. Government for the purpose of revenue any mark put or impressed upon such stamp for 260. Whoever makes, sells, or disposes Making or the purpose of denoting that the same has of any weighing or measuring instrument, or selling false weights or been used, or fraudulently or with such any weight, or any measure of length or measures. intent alters any such mark, or knowingly capacity which he knows to be false, in has in his possession, or sells, or disposes of, order that the same may be used as true, or any such stamp from which such mark has knowing that the same is likely to be used as been erased or removed, or on which such true, shall be punished with imprisonment mark has been altered, or sells or disposes of either description for a term which may of any such stamp which he knows to have extend to three years, or with fine, or with been used, shall be punished with both. imprisonment of either description for a term which may extend to three years, or CHAPTER XIV with fine, or with both. OF OFFENCES AFFECTING THE PUBLIC HEALTH. SAFETY, CONVENIENCE, DECENCY. Scope of the 256A. In sections 248 to 256, both expression inclusive, the word " Government" when AND MORALS " Government " in sections 248 used in connexion with, or in reference to, 261. A person is guilty of a public Public to 256. any stamp issued for the purpose of nuisance who does any act, or is guilty of an nuisance. denoting a rate of postage shall, illegal omission, which causes any common notwithstanding anything in section 14, be injury, danger, or annoyance to the public deemed to include the Government of any or to the people in general who dwell or foreign country. occupy property in the vicinity, or which must necessarily cause injury, obstruction, Explanation. -The word " stamp " where used in this danger, or annoyance to persons who may Chapter includes postage stamps, have occasion to use any public right.
* Sections 248 to 256 apply to Savings Stamps in like manner as those provisions apply to stamps issued by the Government for purposes of revenue.—Section 74 (3) of the National Saving Bank Act. II/41 Cap.25] PENAL CODE
A public nuisance is not excused on the 267. Whoever adulterates any drug or Adulteration of ground that it causes some convenience or medical preparation in such a manner as to drugs. advantage. lessen the efficacy or change the operation of such drug or medical preparation, or to Negligent act 262. Whoever unlawfully or negligently make it noxious intending that it shall be likely to spread does any act which is, and which he knows injection of sold or used for, or knowing it to be likely any disease or has reason to believe to be, likely to that it will be sold or used for, any spread the infection of any disease dangerous to medicinal purpose, as if it had not life. dangerous to life, shall be punished with undergone such adulteration, shall be imprisonment of either description for a punished with imprisonment of either term which may extend to six months, or description for a term which may extend to with fine, or with both. six months, or with fine which may extend Malicious act 263. Whoever maliciously does any act to one hundred rupees, or with both. likely to spread which is, and which he knows or has reason infection of to believe to be, likely to spread the 268. Whoever knowing any drug or Sale of any disease medical preparation to have been adulterated dangerous to infection of any disease dangerous to life, drugs. life. shall be punished with imprisonment of adulterated in such a manner as to lessen its either description for a term which may efficacy, to change its operation, or to extend to two years, or with fine, or with render it noxious, sells the same, or offers or both. exposes it for sale, or issues it from any dispensary for medicinal purposes as Disobedience 264. Whoever knowingly disobeys any unadulterated, or causes it to be used for to a quarantine rule made and promulgated by Government medicinal purposes by any person not rule. for putting any vessel into a state of knowing of the adulteration, shall be quarantine or for regulating the intercourse punished with imprisonment of either of vessels in a state of quarantine with the description for a term which may extend to shore or with other vessels, or for regulating six months, or with fine which may extend the intercourse between places where an to one hundred rupees, or with both. infectious disease prevails and other places, shall be punished with imprisonment of 269. Whoever knowingly sells, or offers Sale of any or exposes for sale, or issues from a drug as a either description for a term which may different drug extend to six months, or with fine, or with dispensary for medicinal purposes, any drug or preparation. both. or medical preparation as a different drug or medical preparation, shall be punished Adulteration of 265. Whoever adulterates any article of with imprisonment of either description for food or drink food or drink so as to make such article which is a term which may extend to six months, or intended for noxious as food or drink, intending to sell with fine which may extend to one hundred sale. such article as food or drink, or knowing it rupees, or with both. to be tikely that the same will be sold as food or drink, .shall be punished with 270. Whoever voluntarily corrupts or Fouling the imprisonment of either description for a fouls the water of any public spring or water of a public spring term which may extend to six months, or reservoir, so as to render it less fit for the or reservoir. with fine which may extend to one hundred purpose for which it is ordinarily used, shall rupees, or with both. be punished with imprisonment of either description for a term which may extend to Sale of noxious 266. Whoever sells, .or offers or exposes three months, or with fine which may food or drink. for sale, as food or drink, any article which extend to fifty rupees, or with both. has been rendered or has become noxious, or is in a slate unfit for food or drink, 271. Whoever voluntarily vitiates the Making knowing or having reason to believe that the atmosphere in any place so as to make it atmosphere same is noxious as food or drink shall be noxious to noxious to the health of persons in general health. punished with imprisonment of either dwelling or carrying on business in the description for a term which may extend to neighbourhood or passing along a public six months, or with fine, which may extend way, shall be punished with fine which may to one hundred rupees, or with both. extend to one hundred rupees.
11/42 PENAL CODE [Cap.25
Rash driving 272. Whoever drives any vehicle, or shall be punished with imprisonment of or riding on a rides, on any public way, in a manner so public way. either description for a term which may rash or negligent as to endanger human life, extend to six months, or with fine which or to be likely to cause hurt or injury to any may extend to one hundred rupees, or with other person, shall be punished with both. imprisonment of either description for a term which may extend to six months, or 278. Whoever does, with fire or any Negligent with fine which may extend to one hundred combustible matter, any act so rashly or conduct with rupees, or with both. rcspct to any negligently as to endanger human life, or to fire or be likely to cause hurt or injury to any other combustible Rash 273. Whoever navigates any vessel in a matter. navigation of a manner so rash or negligent as to endanger person, vessel. human life, or to be likely to cause hurt or or knowingly or negligently omits to take injury to any other person, shall be such order with any fire or any punished with imprisonment of either combustible matter in his description for a term which may extend to six months, or with fine which may extend possession as is sufficient to guard to one hundred rupees, or with both. against any probable danger to human life or hurl or injury to any Exhibition of a 274. Whoever exhibits any false light, other person from such fire or false light, mark, or buoy, intending or knowing it to combustible matter, mark, or buoy. be likely that such exhibition will mislead any navigator, shall be punished with shall be . punished with imprisonment of imprisonment of either description for a either description for a term which may term which may extend to seven years, or extend to six months, or with fine which with fine, or with both. may extend to one hundred rupees, or with both. Conveying 275. Whoever knowingly or negligently person by conveys or causes to be conveyed for hire 279. Whoever does, with any explosive Negligent water for hire substance, any act so rashly or negligently conduct with in a vessel any person by water in any vessel, when that respect to any overloaded or vessel is in such a state or so loaded as to as to endanger human life, or to be likely to explosive unsafe. endanger the life of that person, shall be cause hurt or injury to any other person, substance. punished with imprisonment of either description for a term which may extend to or knowingly or negligently omits to take six months, or with fine which may extend such order with any explosive to one hundred rupees, or with both. substance in his possession as is sufficient to guard against any Danger or 276. Whoever, by doing any act, or by probable danger to human life from obstruction in omitting to take order with any property in thai substance, a public way or his possession or under his charge, causes line of shall be punished with imprisonment of navigation. danger, obstruction, or injury to any person in any public way or public line of either description for a term which may navigation, shall be punished with fine extend to six months, or with fine which which may extend to one hundred rupees. may extend to one hundred rupees, or with both. Negligent 277. Whoever does, with any poisonous conduct with substance, any act in a manner so rash or 280. Whoever does, with any machinery, Negligent respect to any any act so rashly or negligently as to conduct with poisonous negligent as to endanger human life, or to respect to any substance. be likely to cause hurt or injury to any other endanger human life, or to be likely to cause machinery in hurt or injury to any other person, the possession person, or under the charge of the or knowingly or negligently omits to take or knowingly or negligently omits to take offender. such order with any poisonous such order with any machinery in substance in his possession as is his possession or under his care as sufficient to guard against any is sufficient to guard against any probable danger to human life-from probable danger to human life from such poisonous substance, such machinery,
II/43 Cap.25] PENAL CODE
shall be punished with imprisonment of 286. Whoever has in his possession any Having in either description lor a term which may such obscene book or other thing as is possession obscene books, extend to six months, or with fine which mentioned in the last preceding section for &c for sale or may extend to one hundred rupees, or with the purpose of sale, distribution, or public public both. exhibition, shall be punished with exhibition. imprisonment of either description for a Negligence 281. Whoever, in pulling down or term which may extend to three months. Or with rcspect to repairing any building knowingly or pulling down with fine, or with both. or repairing negligently omits to take such order with buildings. thai building as is sufficient to guard against 287. Whoever sings, recites, or utters in Obscene any probable danger to human life from the or near any public place, any obscene song, songs. fall of that building, or of any part thereof, ballad, or words to the annoyance of others, shall be punished with imprisonment of shall be punished with imprisonment of either description for a term which may either description for a term which may extend to six months, or with fine which extend to three months, or with fine, or with may extend to one hundred rupees, or with both. both, 289.* Whoever wilfully neglects or omits wilful Negligence 282. Whoever knowingly or negligently With respect to omits to take such order with any animal in to perform any duty imposed upon him by, omission of any animal his possession as is sufficient to guard or wilfully disobeys or infringes any statutory against any probable danger to human life, provision of, any enactment or statute duty. or any probable danger of grievous hurt heretofore or hereafter to be enacted, for from such animal, shall be punished with which neglect, omission, disobedience, or imprisonment of either description for a infringement no punishment is or shall be term which may extend to six months, or by this Code or any other enactment or with fine which may extend to one hundred statute otherwise specially provided, shall be rupees, or with both. punished with a fine.
Punishment for 283. Whoever commits a public public nuisance nuisance in any case not otherwise CHAPTER XV in cases nol punishable by this Code shall be punished otherwise OF OFFENCES RELATING TO RELIGION provided I'or. with fine which may extend to fifty rupees, or with imprisonment of either description which may extend to three months, or with 290. Whoever destroys, damages, or Injuring or both. defiles any place of worship, or any object defiling a place of worship held sacred by any class of persons, with the with intent to Continuance or 284. Whoever repeats or continues a intention of thereby insulting the religion of insult the nuisance after public nuisance having been enjoined by any religion of any injunction to any class of persons or with the knowledge class. discontinue. public servant who has lawful authority to that any class of persons is likely to consider issue such injunction not to repeat or such destruction, damage, or defilement as continue such nuisance, shall be punished an insult to their religion, shall be punished with simple imprisonment for a term which with imprisonment of either description for may extend to six months, or with fine, or a term which may extend to two years, or with both. with fine, or with both.
Sale.&c.. of 285. Whoever sells or distributes, 290A. Whoever does any act, in or Acts in relation obscene books- imports, or prints for sale or hire, or wilfully to places of &c. upon, or in the vicinity of, any place of exhibits to public view, any obscene book, worship, &c., worship or any object which is held sacred pamphlet, paper, drawing, painting, with intent to or in veneration by any class of persons, insult the photograph, representation, or figure, or religion of any attempts or offers so to do, shall be with the intention of wounding the religious class. punished with imprisonment of either feelings of any class of persons or with the description for a term which may extend to knowledge that any class of persons is likely three months, or with fine, or with both. to consider such act as an insult to their
* Section 288 is repealed by section 10 of Ordinance No. 6 of 1944.
11/44 PENAL CODE [Cap. 25
religion, shall be punished with shall be punished with imprisonment of imprisonment of either description for a either description for a term which may term which may extend to one year, or with extend to one year, or with fine, or with fine, or with both. both. CHAPTER XVI Disturbing a 291. Whoever voluntarily causes religious disturbance to any assembly lawfully OF OFFENCES AFFECTING THE assembly. engaged in the performance of religious HUMAN BODY worship or religious ceremonies shall be punished with imprisonment of either OF OFFENCES AFFECTING LIFE description for a term which may extend to 293. Whoever causes death by doing an Culpable one year, or with fine, or with both. act with the intention of causing death, or homicide. with the intention of causing such bodily Uttering 291A. Whoever, with the deliberate injury as is likely to cause death, or with words, &c., intention of wounding the religious feelings with deliberate the knowledge that he is likely by such act intent to of any person, utters any word or makes to cause death, commits the offence of wound any sound in the hearing of that person, or religious culpable homicide. feelings. makes any gesture in the sight of that person, or places any object in the sight of Illustrations
that person, shall be punished with (a) A. lays sticks and turf over a pit, with the imprisonment of either description for a intention of thereby causing death, or with term which may extend to one year, or with the knowledge that death is likely to be fine, or with both. thereby caused. Z, believing the ground to be firm. ireads on it, falls in. and is killed. A has committed the offence of culpable Deliberate and 291B. Whoever, with the deliberate and homicide. malicious acts malicious intention of outraging the intended to (b) A knows Z to be behind a bush. B does not outrage religious feelings of any class of persons, by religious words, either spoken or written, or by know it. A intending to cause, or knowing it feelings of any to be likely to cause Z's death, induces B to class, by visible representations, insults or attempts fire at the bush. B fires and kills Z. Here B insulting its to insult the religion or the religious beliefs may be guilty of no offence; but A has religion or committed the offence of culpable homicide. religious of that class, shall be punished with beliefs. imprisonment of either description for a (c) A by shooting at a fowl with intent to kill and term which may extend to two years, or steal it, kills B, who is behind a bush, A not with fine, or with both. knowing that he was there. Here although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to Trespassing on 292. Whoever, with the intention of kill B or to cause death by doing an act that burial places. wounding the feelings of any person, or of &c. he knew was likely to cause death. insulting the religion of any person, or with the knowledge that the feelings of any Explanation 1.—A person who causes bodily injury person are likely to be wounded, or that the to another who is labouring under a disorder, disease, or bodily infirmity, and thereby religion of any person is likely to be insulted accelerates the death of that other, shall be thereby, deemed to have caused his death.
commits any trespass in any place of Explanation 2.— Where death is caused by bodily injury, the person who causes such bodily worship or on any place of injury shall be deemed to have caused tfae sepulture or any place set apart for death, although by resorting to proper the performance of funeral rites, or remedies and skilful treatment the death might as a depository for the remains of have been prevented. the dead, or offers any indignity to Explanation 3.—The causing of the death of a child any human corpse, or causes in the mother's womb is not homicide. But it disturbance to any persons may amount to culpable homicide to cause the death of a living child, if any part of that child assembled for the performance of has been brought forth, though the child may funeral ceremonies, not have breathed or been completely born.
11/45 Cap.25] PENAL CODE
Murder. 294. Except in the cases hereinafter Exception 1-—Culpable homicide is not murder if When culpable homicide is not excepted, culpable homicide is murder— the offender whilst deprived of the power of self- control by grave and sudden provocation, causes the murder. death of the person who gave the provocation, or Firstly—if the act by which the death is causes the death of any other person by mistake or caused is done with the intention of causing accident, death; or The above exception is subject to the following Secondly—If it is done with the intention provisos:— of causing such bodily injury as the offender knows to be likely to cause the death of the Firstly—That the provocation is not sought or voluntarily provoked by the offender as an excuse for person to whom the harm is caused ; or killing or doing harm to any person.
Thirdly—If it is done with the intention Secondly—That the provocation is not given by of causing bodily injury to any person, and anything done in obedience to the law. or by a public the bodily injury intended to be inflicted is servant, in the lawful exercise of the powers of such sufficient in the ordinary course of nature to public servant- cause death; or Thirdly—That the provocation is not given by Fourthly—If the person committing the anything done in the lawful exercise of the right of act knows that it is so imminently private defence. dangerous that it must in all probability Explanation. —Whether the provocation was grave cause death, or such bodily injury as is and sudden enough to prevent the offence likely to cause death, and commits such act from amounting to murder is a question of without any excuse for incurring the risk of fact. causing death or such injury as aforesaid. Illustrations Illustrations (a) A, under the influence of passion excited by a (a) A shoots Z with the intention of killing him. Z provocation given by Z. intentionally kills Y, dies in consequence. A commits murder. Z's child. This is murder, inasmuch as the provocation was not given by the child, and (b) A knowing that Z is labouring under such a the death of the child was not caused by disease that a blow is likely to cause his accident or misfortune in doing an act death, strikes him with the intention of caused by the provocation- causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although (b) Y gives grave and sudden provocation to A. A. the blow might not have been sufficient in on this provocation, fires a pistol at Y, the ordinary course of nature to cause the neither intending nor knowing himself to be death of a person in a sound slate of health. likely to kill Z, who is near him, but out of But if A, not knowing that Z is labouring under any disease, gives him such a blow as sight. A kills Z. Here A has not committed would not in the ordinary course of nature murder, but merely culpable homicide. kill a person in sound state of health, here A, although he may intend to cause bodily (c) A is lawfully arrested by Z, a Fiscal's officer. A is injury, is not guilty of murder, if he did not excited to sudden and violent passion by the intend to cause death, or such bodily injury arrest and kills Z. This is murder, inasmuch as in the ordinary course of nature would as the provocation was given by a thing done cause death. by a public servant in the exercise of his powers. (c) A intentionally gives Z a sword-cut or club- wound sufficient to cause the death of a man (d) A appears as a witness before Z. a Magistrate. Z in the ordinary course of nature. Z dies in says that he does not believe a word of A's consequence. Here A is guilty of murder, deposition, and that A has perjured himself. although he may not have intended to cause A is moved to sudden passion by these Z's death. words and kills Z. This is murder. (d) A, without any excuse, Fires a loaded gun into a crowd of persons and kills one of them. A is (e) A attempts to pull Z's nose. Z, in the exercise of guilty of murder, although he may not have the right of private defence, lays hold of A to had a premeditated design to kill any prevent him from doing so. A is moved to particular individual. sudden and violent passion in consequence
11/46 PENAL CODE [Cap.25
and kills Z. This is murder, inasmuch as the 296. Whoever commits murder shall be Punishment for provocation was given by a thing done in the punished with death. murder. exercise of the right of private defence. 297. Whoever commits culpable Punishment for (f) Z strikes B. B is by this provocation excited to homicide not amounting to murder shall be culpable violent rage. A, a bystander, intending lo homicide not take advantage of B's rage and to cause him punished with imprisonment of either amounting to to kill Z, puts a knife into B's hand for that description for a term which may extend to murder. purpose. B kills Z with the knife. Here B twenty years, and shall also be liable to fine, may have commitled culpable homicide, but if the act by which the death is caused is A is guilty of murder, done with the intention of causing death, or Exception 2.—Culpable homicide is not murder if of causing such bodily injury as is likely to the offender, in the exercise in good faith of the right of cause death; private defence of person or property, exceeds the power given lo him by law, and causes the death of the or with imprisonment of either description person against whom he is exercising such right of for a term which may extend to ten defence without premeditation and without any intention of doing more harm than is necessary for the years, or with fine, or with both, if purpose of such defence. the act is done with the knowledge that it is likely to cause death, but Illustration without any intention to cause Z attempts to horse-whip A. not in such a manner as death, or to cause such bodily to cause grievous hurt to A. A draws out a injury as is likely to cause death. pislol, Z persists in the assault. A, believing in good faith that he can by no other means 298. Whoever causes the death of any Causing death prevent himself from being horse-whipped. person by doing any rash or negligent act by negligence. shoots Z dead. A has not committed murder, not amounting to culpable homicide shall be but only culpable homicide. punished with imprisonment of either description for a term which may extend to Exception 3.— Culpable homicide is not murder if five years, or with fine, or with both. the offender, being a public servant, or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes 299. If any person commits suicide. Abetment of death by doing an act which he, in good faith, believes whoever abets the commission of such suicide. to be lawful and necessary for the due discharge of his suicide shall be punished with death. duty as such public servant and without ill-will towards the person whose death is caused. 300. Whoever does any act with such Attempt to Exception 4.—Culpable homicide is not murder if it intention or knowledge and under such murder. is committed without premeditation in a sudden fight circumstances that if he by that act caused in the heat of passion upon a sudden quarrel, and death he would be guilty of murder, shall be without the offender having taken undue advantage or punished with imprisonment of either acted in a cruel or unusual manner. description for a term which may extend to Explanation.—It is immaterial in such cases which ten years, and shall also be liable to fine; party offers the provocation or commits the and if hurt is caused to any person by such first assault. act, the offender shall be liable to imprisonment of either description for a Exception 5.—Culpable homicide is not murder if term which may extend to twenty years, and the offender, being the mother of a child under the age shall also be liable to fine. of twelve months, causes its death whilst the balance of her mind is disturbed by reason of her not having fully Illustrations recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the (a) A shoots at Z with intention to kill him under birth of the child. such circumstances that, if death ensued, A would be guilty of murder. A is liable to Culpable 295. If a person; by doing anything punishment under this section. homicide by which he intends or knows to be likely to (b) A, with the intention of causing the death of a causing the child of tender years, exposes it in a desert death of a cause death, commits culpable homicide by place. A has committed the offence defined person other causing the death of any person whose by this section, though the death of the than the person death he neither intends nor knows himself child does not ensue. whose death to be likely to cause, the culpable homicide was intended. (c) A, intending to murder Z, buys a gun and loads committed by the offender is of the it. A has not yet committed the offence. A description of which it would have been if fires the gun at Z. He has committed the he had caused the death of the person whose offence defined in this- section ; and if by death he intended or knew himself to be such firing he wounds Z, he is liable lo the punishment provided by the latter part of' likely to cause. this section.
11/47 Cap.25] PENAL CODE
(d) A, intending to murder Z by poison, purchases punished with imprisonment of either poison and mixes the same with food which description for a term which may extend to remains in A's keeping. A has not yet twenty years, and shall also be liable to fine. commitled the offence defined in this section. A places the food on Z's table or delivers it lo Z's servants to place it on Z's 305. Whoever, with intent to cause the Death caused table. A has committed the offence defined miscarriage of a woman with child, does any by an act done in this section. with intent to act which causes the death of such woman, cause Attempt to 301. Whoever does any act with such shall be punished with imprisonment of miscarriage. commit intention or knowledge and under such either description for a term which may culpable extend to twenty years, and shall also be homicide. circumstances, that if he by that act caused death he would be guilty of culpable liable to fine. homicide not amounting to murder, shall be Explanation.—It is not essential to this offence that punished with imprisonment of either the offender should know that the act is description for a term which may extend to likely to cause death. three years or with fine,-or with both ; and if hurt is caused to any person by such act, 306. Whoever, before the birth of any Act done with shall be punished with imprisonment of child, does any act with the intention of Intent to either description for a term which may prevent a child thereby preventing that child from being being born extend to seven years, or with fine, or with born alive, or causing it to die after its birth, alive or to both. and does by such act prevent that child from cause it to die being born alive, or causes it to die after its after birth. Illustration birth, shall, if such act be not caused in A, on grave and sudden provocation, fires a pistol at good faith for the purpose of saving the life Z, under such circumstances thai if he of the mother, be punished with thereby caused death he would be guilty of imprisonment of either description for a culpable homicide not amounting to murder. A has committed the offence defined in this term which may extend to ten years, or with section. fine, or with both. Attempt to 302. Whoever attempts to commit commit 307. Whoever does any act under such Causing death suicide, and does any act towards the of a quick suicide. commission of such offence, shall be circumstances that if he thereby caused death he would be guilty of culpable unborn child punished with imprisonment of either by an act description for a term which may extend to homicide, and does by such act cause the amounting to culpable one year, or with fine, or with both. death of a quick unborn child, shall be punished with imprisonment of either homicide. OF THE CAUSING OF MISCARRIAGE, OR description for a term which may extend to INJURIES TO UNBORN CHILDREN. OF THE ten years, and shall also be liable to fine. EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS Illustration
A, knowing that he is likely to cause (he death of a Causing 303. Whoever voluntarily causes a pregnant woman, does an act which, if it miscarriage. woman with child to miscarry shall, if such caused the death of the woman, would miscarriage be not caused in good faith for amount to culpable homicide. The woman is injured, but does nol die; but the death of the purpose of saving the life of the woman, an unborn quick child with which she is be punished with imprisonment of either pregnant is thereby caused, A is guilty of the description for a term which may extend to offence defined in this section. three years, or with fine, or with both; and if the woman be quick with child, shall be 308. Whoever, being the father or Exposure and mother of a child under the age of twelve abandonment punished with imprisonment of either of a child description for a term which may extend to years, or having the care of such child, shall under twelve seven years, and shall also be liable to fine. expose or leave such child in any place with years by parent the intention of wholly abandoning such or person having care of Explanation.—A woman who causes herself to child, shall be punished with imprisonment it. miscarry is within the meaning of this section. of either description for a term which may extend to seven years, or with fine, or with Causing 304. Whoever commits the offence both. miscarriage defined in the last preceding section without Explanation.—This section is not intended to without the consent of the woman, whether the prevent the trial of the offender for murder woman's or culpable homicide, as the case may be. if consent. woman is quick with child or not, shall be the child die in consequence of the exposure. 11/48 PENAL CODE [Cap. 25
Concealment 309. Whoever, by secretly burying or Explanation.—A person is not said voluntarily to of birth by otherwise disposing of the dead body of a cause grievous hurt except when he both secret disposal causes grievous hurt and intends or knows of dead body. child, whether such child die before or after or during its birth, intentionally conceals or himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous endeavours to conceal the birth of such hurt if, intending or knowing himself to be child, shall be punished with imprisonment likely to cause grievous hurt of one kind, he of either description for a term which may actually causes grievous hurt of another extend to two years, or with fine, or with kind. both. Illustration OF HURT A. intending or knowing himself to be likely permanently to disfigure Z's face, gives Z a " Cause hurt". 310. Whoever causes bodily pain, blow which does not permanently disfigure disease, or infirmity to any person is said to Z's face. but which causes Z to suffer severe "cause hurt". bodily pain for the space of twenty days. A has voluntarily caused grievous hurt. " Grievous 311. The following kinds of hurt only 314. Whoever, except in the case Punishment for hurt". are designated as " grievous " :— provided for by section 325, voluntarily voluntarily causing hurt. Firstly—Emasculation. causes hurt shall be punished with imprisonment of either description for a Secondly—Permanent privation of the term which may extend to one year, or with sight of either eye. fine which may extend to one thousand rupees, or with both. Thirdly—Permanent privation of the hearing of either ear. 315. Whoever, except in the case Voluntarily provided for by section 325, voluntarily causing hurt by dangerous Fourthly—Privation of any member or causes hurt by means of any instrument for weapons or joint. shooting, stabbing, or cutting, or any means. instrument which, used as a weapon of Fifthly—Destruction or permanent offence, is likely to cause death, or by means impairing of the powers of any member or of fire or any heated substance, or by means joint. of any poison or any corrosive substance, or by means of any explosive substance, or by Sixthly—Permanent disfiguration of the means of any substance which it is head or face. deleterious to the human body to inhale, to swallow, or to receive into the blood, or by Seventhly— Fracture or dislocation of a means of any animal, shall be punished with bone or tooth. imprisonment of either description for a Eighthly—Any hurt which endangers life, term which may extend to three years, or with fine, or with both. or which causes the sufferer to be, during the space of twenty days, in severe bodily 316. Whoever, except in the case Punishment for pain or unable to follow his ordinary provided for by section 326, voluntarily voluntarily pursuits. causing causes grievous hurt shall be punished with grievous hurt. imprisonment of either description for a " Voluntarily 312. Whoever does any act with the term which may extend to seven years, and causing intention of thereby causing hurt to any hurt". shall also be liable to fine; and if the person person, or with the knowledge that he is to whom the grievous hurt is caused shall be likely thereby to cause hurt to any person, a woman or a child, may in addition be and does thereby cause hurt to any person, punished with whipping. is said " voluntarily to cause hurt ".
" Voluntarily 313. Whoever voluntarily causes hurl, if 317. Whoever, except in the case Voluntarily causing the hurt which he intends to cause or knows provided for by section 326, voluntarily causing grievous hurt grievous hurt himself to be likely to cause is grievous hurt, causes grievous hurt by means of any by dangerous and if the hurt which he causes is grievous instrument for shooting, stabbing, or weapons or hurt, is said " voluntarily to cause grievous cutting, or any instrument which, used as a means. hurt ". weapon of offence, is likely to cause death,
11/49 Cap.25] PENAL CODE
or by means of fire or any heated substance, or any person interested in the sufferer to or by means of any poison or any corrosive restore or to cause the restoration of any substance, or by means of any explosive property or valuable security, or to satisfy substance, or by means of any substance any claim or demand, or to give information which it is deleterious lo the human body to which may lead to the restoration of any inhale, to swallow, or to receive into the property or valuable security, shall be blood, or by means of any animal, shall be punished with imprisonment of either punished with imprisonment of either description for a term which may extend to description for a term which may extend to seven years, and shall also be liable to fine. ten years, and shall also be liable to fine; and if the person to whom the grievous hurl Illustrations is caused shall be a woman or a child, may in addition be punished with whipping. (a) A. a police officer, tortures Z in order to induce Z to confess thai he committed a crime. A is guilty of an offence under this section. Voluntarily 318. Whoever voluntarily causes hurt causing hurt for the purpose of extorting from the (b) A, a police officer, tortures B to induce him to to extort point out where certain stolen property is properly, or sufferer or from any person interested in the sufferer, any property or valuable security, deposited. A is guilty of an offence under to constrain this section. to an illegal or of constraining the sufferer or any person act. interested in such sufferer to do anything (c) A, a revenue officer, tortures Z in order to which is illegal or which may facilitate the compel him to pay certain arrears of revenue commission of an offence, shall be punished due from Z,. A is guilty of an offence under with imprisonment of either description for this section. a term which may extend to ten years, and (d) A, a landowner, tortures his tenant in order lo shall also be liable to fine. compel him to pay his rent. A is guilty of an offence under this section. Causing hurl 319. Whoever administers to, or causes by means of to be taken by any person any poison or any 322. Whoever voluntarily causes Voluntarily poison. &c., grievous hurt for the purpose of extorting causing with intent to stupefying, intoxicating, or unwholesome grievous hurt commit an drug or other thing, with intent to cause from the sufferer, or from any person to extort offence. hurt to such person, or with intent to interested in the sufferer, any confession or confession, or commit or to facilitate the commission of an any information which may lead to the to compel restoration of offence, or knowing it to be likely that he detection of an offence or misconduct, or property. will thereby cause hurt, shall be punished for the purpose of constraining the sufferer, with imprisonment of either description for or any person interested in the sufferer, to a term which may extend to ten years, and restore or to cause the restoration of any shall also be liable to fine. property or valuable security, or to satisfy any claim or demand, or to give information Voluntarily 320. Whoever voluntarily causes which may lead to the restoration of any causing grievous hurt for the purpose of extorting grievous hurt property or valuable security shall be to extort from the sufferer, or from any person punished with imprisonment of either properly or to interested in the sufferer, any property or description for a term which may extend to constrain to an valuable security, or of constraining the ten years, and shall also be liable to fine. illegal act. sufferer or any person interested in such sufferer to do anything which is illegal, or which may facilitate the commission of an 323. Whoever voluntarily causes hurt to Voluntarily any person, being a public servant in the causing hurt to offence, shall be punished with deter public imprisonment of either description for a discharge of his duty as such public servant, servant from term which may extend to twenty years, and or with intent to prevent or deter that his duty. shall also be liable to fine or to whipping. person or any other public servant from discharging his duty as such public servant, Voluntarily 321. Whoever voluntarily causes hurt or in consequence of anything done or causing hurt to for the purpose of extorting from the attempted to be done by that person in the extort confession or sufferer, or from any person interested in lawful discharge of his duly as such public to compel the sufferer, any confession or any servant, shall be punished with restoration of information which may lead to the detection imprisonment of either description for a properly. of an offence or misconduct, or for the term which may extend to three years, or purpose of constraining the sufferer with fine, or with both.
11/50 PENAL CODE [Cap. 25
Voluntarily 324. Whoever voluntarily causes 329. Whoever causes grievous hurt to Causing causing grievous hurt to any person, being a public any person by doing any act so rashly or grievous hurt grievous hurl negligently as to endanger human life, or the by an act to deter public servant in the discharge of his duty as such which servant from public servant, or with intent to prevent or personal safety of others, shall be punished endangers life his duty. deter that person or any other public with imprisonment of either description for or the personal safety of servant from discharging his duty as such a term which may extend to two years, or with fine which may extend to one thousand others. public servant, or in consequence of rupees, or with both. anything done or attempted to be done by that person in the lawful discharge of his OF WRONGFUL RESTRAINT AND WRONGFUL duty as such public servant, shall be CONFINEMENT punished with imprisonment of either description for a term which may extend to 330. Whoever voluntarily obstructs any "Wrongful ten years, and shall also be liable to fine. person so as to prevent that person from restraint". proceeding in any direction in which that Voluntarily 325. Whoever voluntarily causes hurt ori person has a right to proceed, is said causing hurt on grave and sudden provocation, if he neither " wrongfully to restrain " that person. provocation. intends nor knows himself to be likely to cause hurt to any person other than the Exception.—The obstruction of a private way over land or water, which a person in good faith believes person who gave the provocation, shall be himself lo have a lawful right to obstruct, is not an punished with imprisonment of either offence within the meaning of this section. description for a term which may extend to one month, or with fine which may extend Illustration to fifty rupees, or with both. A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented Voluntarily 326. Whoever voluntarily causes from passing. A wrongfully restrains Z. causing grievous hurt on grave and sudden grievous hurt on provocation, if he neither intends nor knows 331. Whoever wrongfully restrains any "Wrongful provocation. himself to be likely to cause grievous hurt to person in such a manner as to prevent that confinement". any person other than the person who gave person from proceeding beyond certain the provocation, shall be punished with circumscribing limits is said " wrongfully to imprisonment of either description for a confine " that person. term which may extend to four years, or with fine which may extend to two thousand Illustrations rupees, or with both. (a) A causes 1 to go within a walled space and locks Z in. Z is thus prevented from proceeding in any direction beyond the Explanation.—Sections 325 and 326 are subject to the circumscribing line of wall. A wrongfully same provisos as exception 1, section 294. confines Z.
Punishment for 327. Whoever does any act so rashly or (b) A places men with firearms at the outlets of a act which negligently as to endanger human life, or the endangers life building and tetis Z that they will fire at Z if or the personal personal safety of others, shall be punished Z attempts to leave the building. A safely of with imprisonment of either description for wrongfully confines Z. others. a term which may extend to three months, 332. Whoever wrongfully restrains any Punishment or with fine which may extend to one person shall be punished with simple for wrongful hundred rupees, or with both. imprisonment for a term which may extend restraint. to one month, or with fine which may Causing hurt 328. Whoever causes hurt to any person extend to fifty rupees, or with both. by an act by doing any act so rashly or negligently as which endangers life to endanger human life, or the personal 333. Whoever wrongfully confines any Punishment or the personal safety of others, shall be punished with person shall be punished with imprisonment for wrongful confinement. safety of of either description for a term which may others. imprisonment of either description for a term which may extend to six months, or extend to one year, or with fine which may with fine which may extend to one hundred extend to one thousand rupees, or with rupees, or with both. both.
11/51 Cap 25] PENAL CODE
wrongful 334. Whoever wrongfully confines any person confined, to restore or to cause the confinement person for three days or more shall be restoration of any property or valuable for therepunishedwith imprisonment of either security, or to satisfy any claim or demand, description for a term which may extend to or to give information which may lead to two years, or with fine, or with both. the restoration of any property or valuable security, shall be punished with Wrongful 335. Whoever wrongfully confines any imprisonment of either description for a confinement person for ten days or more shall be term which may extend to three years and for ten or more punished with imprisonment of either shall also be liable to fine. days description for a term which may extend to three years, and shall also be liable to fine. OF CRIMINAL FORCE AND ASSAULT 336. Whoever keeps any person in Wrongful 340. A person is said to use force to Force. confinement of wrongful confinement, knowing that a writ another if he causes motion, change of person for for the liberation of that person has been motion, or cessation of motion to that whose duly issued, shall be punished with liberation a imprisonment of either description for a other, or if he causes to any substance such write has been term which may extend to two years, in motion or change of motion or cessation of issued addition to any term of imprisonment to motion as brings that substance into contact which he may be liable under any other with any part of that other's body, or with section of this Code. anything which that other is wearing or carrying, or with anything so situated that Wrongful 337. Whoever wrongfully confines any such contact affects that other's sense of confinement person in such manner as to indicate an feeling: secret intention that the confinement of such person may not be known to any person Provided that the person causing the interested in the person so confined, or to motion or change of motion or cessation of any public servant, or that the place of such motion causes that motion, change of confinement may not be known to or motion, or cessation of motion in one of the discovered by any such person or public three ways hereinafter described— servant as hereinbefore mentioned, shall be punished with imprisonment of either Firstly—By his own bodily power. description for a term which may extend to two years, in addition to any other Secondly—By disposing any substance in punishment to which he may be liable for such a manner that the motion or change or such wrongful confinement. cessation of motion takes place without any further act on his part or on the part of any Wrongful 338. Whoever wrongfully confines any other person. confinement person for the purpose of extorting from the for the purpose person confined, or from any person Thirdly—By inducing any animal to of extorting interested in the person confined, any move, to change its motion, or to cease to property or property orproperty or valuable security, move.or of constraining to constraining the person confined, or any an illegal act person interested in such person, to do 341. Whoever intentionally uses force to "Criminal anything illegal or to give any information any person, without that person's consent, forcc". which may facilitate the commission of in order to the committing of any offence, an offence shall be punished with or intending illegally by the use of such imprisonment of either description for a force to cause, or knowing it to be likely term which may extend to three years, and that by the use of such force he will illegally shall also be liable to fine. cause injury, fear, or annoyance to the person to whom the force is used, is said to 339. Whoever wrongfully confines any Wrongful use " criminal force " to that other. confinement person for the purpose of extorting from the for the purpose person confined, or any person interested in Illustrations of extorting the person confined, any confession or any confession,or information which may lead to the detection (a) t is sitting in a moored boat on a river. A of completing of an offence or misconduct, or for the unfastens the moorings, and thus resoration of purpose of constraining the person intentionally causes the boat to drift down property confined, or any person interested in the the stream. Here A intentionally causes 11/52 PENAL CODE [Cap.25
motion to Z, and he does this by disposing without Z's consent, intending or knowing it substances in such a manner that the motion to be likely that he may thereby cause injury, is produced without any other act on any fear, or annoyance to Z, A has used criminal person's part. A has therefore intentionally force to Z. used force to Z; and if he has done so without Z's consent in order to the (h) A incites a dog to spring upon Z, without Z's committing of any offence, or intending or consent. Here. if A intends to cause injury, knowing it to be likely that this use of force fear. or annoyance to Z, he uses criminal will cause injury, fear or annoyance to Z, A force to Z. has used criminal force to Z. (i) A, a schoolmaster, in the reasonable exercise of (b) Z is riding in a chariot. A lashes Z's horses, and his discretion as master, flogs B, one of his thereby causes them to quicken their pace. scholars. A does not use criminal force to B, Here A has caused change of motion to Z because, although A intends to cause fear by inducing the animals to change their and annoyance to B, he does not use force motion. A has therefore used force to Z; illegally. and if A has done this without Z's consent, intending or knowing it to be likely that he 342. Whoever makes any gesture or any ' Assault may thereby injure, frighten, or annoy Z, A preparation, intending or knowing it to be has committed criminal force to Z. likely that such gesture or preparation will cause any person present to apprehend that (c) Z is riding in a palanquin. A intending to rob Z he who makes that gesture or preparation is seizes the pole and slops the palanquin. Here about to use criminal force to that person, is A has caused cessation of motion to Z, and he has done this by his own bodily power. A said to commit " an assault ". has there used force to Z; and as A has acted thus intentionally without Z's consent, Explanation.—Mere words do not amount to an in order to the commission of an offence, A assault. But the words which a person uses has used criminal force to Z. may give to his gestures or preparation such a meaning as may make those gestures or (d) A intentionally pushes against Z in the street. preparations amount to an assault. Here A has by his own bodily power moved his person so as to bring it into contact with Illustrations Z. He has therefore intentionally used force to Z, and if he has done so without Z's (a) A shakes his fist at Z, intending or knowing it to consent, intending or knowing it to be likely be likely that he may thereby cause Z to that he may thereby injure, frighten, or believe that A is about to strike Z. A has annoy Z, he has used criminal force to Z. committed an assault.
(e) A throws a stone, intending or knowing it to be (b) A begins to unloose the muzzle of a ferocious likely that the stone will thus be brought into dog. intending or knowing it to be likely that contact with Z, or with Z's clothes, or with he may thereby cause Z to believe that he is something carried by Z, or that it will strike about to cause the dog to attack Z. A has water and dash up the water against Z's committed an assault upon Z. clothes or something carried by Z. Here, if the throwing of the stone produce the effect (c) A takes up a stick, saying to Z, " I will give you a of causing any substance to come into beating ". Here, though the words used by A contact with Z or Z's clothes, A has used could in no case amount to an assault, and force to Z; and if he did so without Z's though the mere gesture, unaccompanied by consent, intending thereby to injure, any other circumstances, might not amount frighten, or annoy Z, he has used criminal to an assault, the gesture explained by the force to Z. words may amount to assault. 343. Whoever assaults or uses criminal Punishment for (/) A intentionally pulls up a woman's veil. Here A force to any person otherwise than on grave using criminal intentionally uses force to her; and if he and sudden provocation given by that force otherwise does so without her consent, intending or than on grave knowing it to be likely that he may thereby person shall be punished with imprisonment and sudden injure, frighten, or annoy her, he has used of either description for a term which may provocation. criminal force to her. extend to three months, or with fine which may extend to fifty rupees, or with both, (f) Z is bathing. A pours into the bath water which he knows »o be boiling. Here A intentionally, Explanation.—Grave and sudden provocation will by his own bodily power, causes such motion not mitigate the punishment for an offence in the boiling water as brings that water into under this section, contact with Z, or with other water so situated that such contact must affect Z's if the provocation is sought or voluntarily provoked sense of feeling. A has therefore intentionally by the offender as an excuse for the offence; used force to Z, and if he has done this or 11/53 Cap.25] PENAL CODE
if the provocation is given by anything done in 349. Whoever assaults or uses criminal Assaulting or obedience to the law, or by a public servant in force to anv person on grave and sudden using criminal , , , ,, i the lawful exercise of the powers of such provocation given by that person shall be force on grave public servant; or punished with simple imprisonment for a and sudden if the provocation is given by anything done in the term which may extend to one month, or provocation lawful exercise of the right of private defence. with fine which may extend to fifty rupees, or with both. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. Explanation.—Section 349 is subject to the same explanation as section 343. Using criminal 344. Whoever assaults or uses criminal force to deter a force to any person, being a public servant OF KIDNAPPING, ABDUCTION, AND SLAVERY public servant in the execution of his duty, as such public from discharge 350. Kidnapping is of two kinds— Kidnapping. of his duty. servant, or with intent to prevent or deter that person from discharging his duty as kidnapping from Sri Lanka, and such public servant, or in consequence of anything done or attempted to be done by kidnapping from lawful guardianship. such person in the lawful discharge of his duty as such public servant, shall be 351. Whoever conveys any person " Kidnapping punished with imprisonment of either beyond the limits of Sri Lanka without the from sri" description for a term which may extend to consent of,, ,tha „t person or of- some person Lanka . two years, or with fine, or with both. legally authorized to consent on behalf of that person, is said to " kidnap that person Assault or use 345. Whoever assaults or uses criminal from Sri Lanka ". of criminal force to any woman, intending to outrage, force to a woman with or knowing it to be likely that he will 352. Whoever takes or entices any " Kidnapping intent to thereby outrage, her modesty, shall be minor under fourteen years of age if a male, from lawful guardianship * outrage her punished with imprisonment of either or under sixteen years of age if a female, or modesty. description for a term which may extend to any person of unsound mind, out of the two years, or with fine, or with both, and keeping of the lawful guardian of such may in addition be punished with whipping. minor or person of unsound mind, without the consent of such guardian, is said to Assault or 346. Whoever assaults or uses criminal " kidnap such minor or person from lawful criminal force force to any person intending thereby to guardianship ". with intent to dishonour a dishonour that person otherwise than on person grave and sudden provocation given by Explanation.—The words " lawful guardian " in this otherwise than that person, shall be punished with section include any person lawfully entrusted on grave and with the care or custody of such minor or sudden imprisonment of either description for a other person. provocation. term which may extend to two years, or with fine, or with both. Exception.—This section does not extend to the act of any person who in good faith believes himself to be Assault or 347. Whoever assaults or uses criminal the father of an illegitimate child," or who in good faith criminal force force to any person in attempting to commit believes himself to be entitled to the lawful custody of in attempt to such child, unless such act is committed for an immoral commit theft of theft of any property which that person is or unlawful purpose. property then wearing or carrying, shall be punished carried by a with imprisonment of either description for 353. Whoever by force compels, or by Abduction person. a term which may extend to two years, or any deceitful means, or by abuse of with fine, or with both. authority or any other means of compulsion, induces any person to go from Assault or 348. Whoever assaults or uses criminal any place, is said to " abduct " that person. criminal force force to any person, in attempting in attempt wrongfully to wrongfully to confine that person, shall be 354. Whoever kidnaps any person from Punishment for confine person. punished with imprisonment of either Sri Lanka or from lawful guardianship shall kidnapping. description for a term which may extend to be punished with imprisonment of either one year, or with fine which may extend to description for a term »vhich may extend to one thousand rupees, or with both. seven years, and shall also be liable to fine. II/54 PENAL CODE [Cap. 25
Kidnapping or 355. Whoever kidnaps or abducts any knowledge or for the same purpose as that abducting in person in order that such person may be with or for which he conceals or detains order to murder. murdered, or may be so disposed of as to be such person in confinement. put in danger of being murdered, shall be punished with rigorous imprisonment for a 360. Whoever kidnaps or abducts any Kidnapping or term which may extend to twenty years, and child under the age of ten years, with the abducting a shall also be liable to fine. child under ten intention of taking dishonestly any movable years with property from the person of such child, shall intent to steal Illustrations be punished with imprisonment of either movable description for a term which may extend to property from • (a) A kidnaps Z from Sri Lanka, intending or the person of knowing it to be likely that Z may be seven years, and shall also be liable to fine. such child. sacrificed to an idol. A has committed the offence defined in this section. 360A. Any person who— Procuration.
(fr) A forcibly carries or entices B away from his (1) procures or attempts to procure any home in order that B may be murdered. A has committed the offence defined in this girl or woman under twenty-one section. years of age to leave Sri Lanka (whether with or without her Kidnapping or 356. Whoever kidnaps or abducts any consent) with a view to illicit sexual abducting with person with intent to cause that person to be intent secretly intercourse with any person outside and wrongfully secretly and wrongfully confined shall be Sri Lanka, or removes or attempts to confine a punished with imprisonment of either to remove from Sri Lanka any such person. description for a term which may extend to girl or woman (whether with or seven years, and shall also be liable to fine. without her consent) for the said purpose; Kidnapping or 357. Whoever kidnaps or abducts any abducting a woman with intent that she may be (2) procures or attempts to procure any woman to compel her compelled, or knowing it to be likely that girl or woman to leave Sri Lanka marriage, &c she will be compelled, to marry any person (whether with or without her against her will, or in order that she may be consent) with intent that she may forced or seduced to illicit intercourse, or become the inmate of, or frequent, knowing it to be likely that she will be a brothel elsewhere, or removes or forced or seduced to illicit intercourse, shall attempts to remove from Sri Lanka be punished with imprisonment of either any girl or woman (whether with or description for a term which may extend to without her consent) for the said purpose; ten years, and shall also be liable to fine. (3) brings or attempts to bring into Sri 358. Whoever kidnaps or abducts any Kidnapping or Lanka any girl or woman under abducting in person in order that such person may be order to twenty-one years of age (whether subjected, or may be so disposed of as to be subject a with or without her consent) with a person to put in danger of being subjected, to grievous grievous hurt, view to illicit sexual intercourse slavery, &c. hurt or slavery, or to the unnatural lust of with any person, whether within or any person, or knowing it to be likely that without Sri Lanka; such person will be so subjected or disposed of, shall be punished with imprisonment of (4) procures or attempts to procure any either description for a term which may girl or woman (whether with or extend to ten years, and shall also be liable without her consent) to become, to fine. within or without Sri Lanka, a common prostitute ; Wrongfully 359. Whoever, knowing that any person concealing or has been kidnapped or has been abducted, keeping in (5) procures or attempts to procure any confinement a wrongfully conceals or keeps such person in girl or woman (whether with or kidnapped confinement, shall be punished in the same without her consent) to leave her person. manner as if he kidnapped or abducted such usual place of abode in Sri Lanka person with the same intention or ^(such place not being a brothel),
11/55 Cap.25] PENAL CODE
with intent that she may for the such husband or wife, at the lime of the subsequent purposes of prostitution become the marriage, shall have been continually absent from such inmate of, or frequent, a brothel person for the space of seven years and shall not have been heard of by such person as being alive within that within or without Sri Lanka, time:
shall be guilty of an offence, and shall be Provided the person contracting such subsequent liable on conviction to imprisonment of marriage shall, before such marriage takes place, either description for any period not inform the person with whom such marriage is contracted of the real state of facts, as far as the same exceeding two years, and if a male, in are within his or her knowledge. addition to any such imprisonment, to be whipped; 362C. Whoever commits the offence Same offence defined in the last preceding section, having with conceal- Provided that no person shall be ment of the concealed from the person with whom the former convicted of any offence under this section subsequent marriage is contracted the fact marriage from upon the evidence of one witness, unless of the former marriage, shall be punished the person with such evidence be coi i oborated in some whom with imprisonment of either description for subsequent material particular by evidence implicating a term which may extend to ten years, and marriage is the accused. shall also be liable to fine. contracted.
Buying or 361. Whoever imports, exports, 362D. Whoever dishonestly or with a Marriage disposing of removes, buys, sells or disposes of any fraudulent intention goes through the ceremony gone any person as a person as a slave, or accepts, receives, or through with slave. ceremony of being married, knowing that he fraudulent detains against his will any person as a is not thereby lawfully married, shall be intent without slave, shall be punished with imprisonment punished with imprisonment of either lawful of either description for a term which may description for a term which may extend to marriage. extend to seven years, and shall also be seven years, and shall also be liable to tine. liable to fine. OF RAPE Habitual 362. Whoever habitually imports, dealing in exports, removes, buys, sells, traffics, or 363. A man is said to commit " rape " Rape' slaves. deals in slaves shall be punished with who, except in the case hereinafter excepted, imprisonment of either description for a has sexual intercourse with a woman under term which may extend to fifteen years, and circumstances falling under any of the five shall also be liable to fine. following descriptions:— Firstly—Against her will. Cohabitation 362A. Every man, who by deceit causes caused by a any woman who is not lawfully married to man deceitfully Secondly—Without her consent. inducing a him to believe that she is lawfully married to belief of him, and to cohabit or have sexual Thirdly—With her consent when her lawful intercourse with him in that belief, shall be marriage. consent has been obtained by putting her in punished with imprisonment of either fear of death or of hurt. description for a term which may extend to ten years, and shall also be liable to fine. Fourthly—With her consent, when the man knows that he is not her husband, and Marrying 362B. Whoever, having a husband or that her consent is given because she again during wife living, marries in any case in which believes that he is another man to whom she the lifetime of husband or such marriage is void by reason of its taking is or believed herself to be lawfully married. wife. place during the life of such husband or wife, shall be punished with imprisonment Fifthly—With or without her consent, of either description for a term which may when she is under twelve years of age. extend to seven years, and shall also be liable to fine, Explanation.— Penetration is sufficient to constitute the sexual intercourse necessary to the Exception. This section does not extend lo any offence of rape. person whose marriage ^ith such husband or wife has been declared void by a court of competent Exception.—Sexual intercourse by a man with his jurisdiction, nor to any person who contracts a own wife, the wife not bei.-c under twelve years of age, marriage during the life of a former husband or wife, if is not rape.
11/56 PENAL CODE [Cap25
I'unishmeni for 364. Whoever commits rape shall be extend to two years or with fine. or with rape punished with imprisonment of either both, and shall also be liable to be punished description for a term which may extend to with whipping. twenty years, and shall also be liable to fine. CHAPTER XVII OF CARNAL INTERCOURSE WITH YOUNG OF OFFENCES AGAINST PROPERTY GIRLS OF THEFT Defilement of 364A. (1) Whoever has carnal girls between intercourse or attempts to have carnal 366. Whoever, intending to take Theft" twelve and dishonestly any movable property out of the fourteen. intercourse with any girl of or above the age of twelve years and under the age of possession of any person without that fourteen years shall be guilty of an offence, person's consent, moves that property in and shall be punished with imprisonment of order to such taking, is said to commit either description for a term not exceeding " theft". two years, and may in addition be punished with whipping. Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of (2) It shall be a sufficient defence to any being the subject of theft as soon as it is charge under this section if it should be severed from the earth. made to appear to the court or jury before whom the charge shall be brought that the Explanation 2.—A moving effected by the same act person so charged had reasonable cause to which effects the severance may be a theft. believe that the girl was of or above the age Explanation 3—A person is said to cause a thing of fourteen years. to move by removing an obstacle which prevented it from moving, or by separating it (3) Sexual intercourse by a man with his from any other thing, as well as by actually own wife, or between a man and girl who moving it. are living together as husband and wife with Explanation 4.—A person who by any means causes the consent of the parents or guardians of an animal to move is said to move that animal, the girl, shall not be an offence under this and to move everything which in consequence section if the girl is of or above the age of of the motion so caused, is moved by that twelve years. animal.
(4) No prosecution shall be commenced Explanation ,5.—The consent mentioned in the for an offence under this section more than definition may be expressed or implied, and may be given either by the person in three months after the commission of the possession, or by any person having for that offence. purpose authority either express or implied.
OF UNNATURAL OFFENCES Illustrations (a) A cuts down a tree on Z's ground, with the Unnatural 365. Whoever voluntarily has carnal intention of dishonestly taking the tree out of offence. intercourse against the order of nature with Z's possession without Z's consent. Here, as any man, woman, or animal, shall be soon as A has severed the tree, in order to punished with imprisonment of either such taking, he has committed theft. description for a term which may extend to (b) A puts a bait for dogs in his pocket, and thus ten years, and shall also be liable to fine. induces Z's dog to follow it. Here, if A"s intention be dishonestly to lake the dog out of Explanation.—Penetration is sufficient to constitute Z's possession without Z's consent, A has the carnal intercourse necessary to the committed theft as soon as Z's dog has begun offence described in ihis section. to follow A.
Acts of gross 365A. Any male person who, in public (c) A meets a bullock carrrying a box of treasure. indecency or private, commits, or is a parly to the He drives the bullock in a certain direction, in between male commission of, or procures or attempts to order that he may dishonestly lake the persons. treasure. As soon as the bullock begins to procure the commission by any male person move A has committed theft of the treasure. of, any act of gross indecency with another (d) A, being Z's servant, and entrusted by Z with the male person, shall be guilty of an offence, care of Z's plate, dishonestly runs away with and shall be punished with imprisonment of the plate without Z's consent. A has either description for a term which may committed theft. 11/57 cap. 25] PENAL CODE
(e) Z, going on a journey, entrusts his plate to A, the (n) A asks charity from Z's wife. She gives A money, keeper of a warehouse, till Z shall return. A food, and clothes, which A knows to belong to carries the plate to a goldsmith and sells it. Z, her husband. Here, it is probable that A Here the plate was not in Z's possession. It may conceive that Z's wife is authorized to could not therefore be taken out of Z's give away alms. If this was A's impression, A possession, and A has not committed theft, has not committed theft. though he may have committed criminal breach of trust. (o) A is the paramour of Z's wife. She gives A valuable property which A knows to belong to her husband Z and to be such property as she (f) A finds a ring belonging to Z on a table in the has not authority from Z to give. If A takes house which Z occupies. Here the ring is in Z's the property dishonestly, he commits theft. possession, and if A dishonestly removes it, A commits theft. (p) A in good faith, believing property belonging to Z to be A's own property, lakes that property {g) A finds a ring lying on the high road, not in the out of B's possession. Here, as A does not take possession of any person. A, by taking it, dishonestly, he docs not commit theft. commits no theft, though he may commit criminal misappropriation of property, 367. Whoever commits theft shall be Punishment for punished with imprisonment of either theft. (h) A sees a ring belonging to Z lying on a table in description for a term which may extend to Z's house. Not venturing to misappropriate the ring immediately for fear of search and three years, or with fine, or with both. detection, A hides the ring in a place where it is highly improbable that it will ever be found 368. Whoever commits theft— by Z, with the intention of taking the ring from the hiding place and selling it when the (a) of any bull, cow, steer, buffalo. Theft of cattle. loss is forgotten- Here A. at the time of first heifer, or calf; or moving the ring, commits theft.
(i) A delivers his watch to Z, a jeweller, to be (b) of any fruit, vegetable, or other Of praedial regulated, Z carries it to his shop. A, not praedial production, or any products. owing to the jeweller any debt for which the cultivated root or plant used or jeweller might lawfully detain the watch as capable of being used for the food security, enters the shop openly, takes his watch by force out of Z's hand, and carries it of man or beast, or for medicine, away. Here A, though he may have committed distilling, or dyeing, or in the course criminal trespass and assault, has not of any manufacture, committed theft, inasmuch as what he did was not done dishonestly. may, in addition to any other punishment for theft, be punished with whipping. (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A lakes the watch 369. Whoever commits theft in any Theft in out of Z's possession with the intention of building, tent, or vessel, which building, dwelling house, &c. depriving Z of the property as a security for tent, or vessel is used as a human dwelling, his debt, he commits theft, inasmuch as he or for the custody of property, shall be takes it dishonestly. punished with imprisonment of either (k) Again, if A having pawned his watch to Z, takes description for a term which may extend to it out of Z's possession without Z's consent, seven years, and shall also be liable to fine. not having paid what he borrowed on the watch, he commits theft, though the watch is 370. Whoever, being a clerk or servant, Theft by clerk his own property, inasmuch as he takes it or being employed in the capacity of a clerk or servant of dishonestly. property in or servant, commits theft in respect of any possession of (l) A takes an article belonging to Z out of Z's property in the possession of his master or master. possession, without Z's consent, with the employer, shall be punished with intention of keeping it until he obtains money imprisonment of either description for a from Z as a reward for its restoration. Here A takes dishonestly ; A has therefore committed term which may extend to seven years, and . theft. shall also be liable to fine.
(m) A, being on friendly terms with Z, goes in to Z's 371. Whoever commits theft, having Theft after library in Z's absence, and takes away a book made preparation for causing death or hurt preparation without Z's express consent, for the purpose made for merely of reading it, and with the intention of or restraint, or fear of death or of hurt or of causing death returning it. Here, it is probable that A may restraint, to any person, in order to the or hurt, in have conceived that he had Z's implied consent committing of such theft, or in order to the order to the to use Z's book. If this was A's impression, A committing of has not committed theft. effecting of his escape after the committing the theft.
11/58 PENAL CODE [Cap. 25
of such theft, or in order to the retaining of 374. Whoever, in order to the Pulling person property taken by such theft, shall be committing of extortion, puts any person in in fear of fear or attempts to put any person in fear of injury in order punished with rigorous imprisonment for a to commit term which may extend to ten years, and any injury, shall be punished with extortion. shall also be liable to fine. imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations
(a) A commits theft of properly in Z*s possession; 375. Whoever commits extortion by Extortion by putting a and while committing this theft, he has a putting any person in fear of death or of grievous hurt to that person or to any other person in fear loaded pistol under his garment, having of death or provided this pistol for the purpose of shall be punished with imprisonment of grievous hurt. huning Z, in case Z should resist. A has either description for a term which may committed the offence defined in this extend to ten years, and shall also be liable section. to fine.
(6) A picks Z's pocket, having posted several of his 376. Whoever, in order to the Putting person companions near him, in order that they committing of extortion, puts or attempts to in fear of death may restrain Z, if Z should perceive what is put any person in fear of death or of or of grievous passing and should resist or should attempt hurt in order to to apprehend A. A has committed the grievous hurt to that person or to any other, commit offence defined in this section. shall be punished with imprisonment of extortion. either description for a term which may OF EXTORTION extend to seven years, and shall also be liable to fine. ' Extortion 372. Whoever intentionally puts any person in fear of any injury to that person 377. Whoever commits extortion by Extortion by or to any other and thereby dishonestly putting any person in fear of an accusation threat of accusation of ' induces the person so put in fear to deliver against that person or any other, of having an offence to any person any property or valuable committed or attempted to commit any punishable security or anything signed or sealed which offence punishable with death, or with with death or imprisonment may be converted into a valuable security, imprisonment for a term which may extend for ten years, commits " extortion ". to ten years, or of having attempted to &c. induce any other person to commit such Illustrations offence, shall be punished with imprisonment of either description for a (a) A threatens to publish a defamatory libel term which may extend to ten years, and concerning Z, unless Z gives him money. He shall also be liable to fine ; and if the offence thus induces Z to give him money. A has be one punishable under section 365, may committed extortion. be punished with rigorous imprisonment for a term which may extend to twenty years, (b) A threatens Z that he will keep Z's child in and shall also be liable to fine. wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain moneys to A, Z signs and 378. Whoever, in order to the Putting person delivers the note. A has committed committing of extortion, puts or attempts to in fear of extortion. accusation of put any person in fear of any accusation offence in against that person or any other of having order to (c) A, by putting Z in fear of grievous hurt, committed or attempted to commit an commit dishonestly induces Z to sign or affix his seal offence punishable with death, or with extortion. to a blank paper and deliver it to A. Z signs imprisonment for a term which may extend and delivers the paper to A. Here, as the paper so signed may be converted into a to ten years or more, shall be punished with valuable security, A has committed imprisonment of either description for a extortion. term which may extend to ten years, and shall also be liable to fine, and if the offence Punishment for 373. Whoever commits extortion shall be punishable under section 365 may be extortion, be punished with imprisonment of either punished with rigorous imprisonment which description for a term which may extend to may extend to twenty years, and shall also three years, or with fine, or with both. be liable to fine.
11/59 Cap.25] PENA LCODE
OF ROBBERY 380. Whoever commits robbery shall be Punishment punished with rigorous imprisonment for a for robbery 379. In all robbery there is either theft robbery term which may extend to ten years, and or extortion. shall also be liable to fine, and if the when theft is Theft is " robbery ", if, in order to the robbery be committed on the highway robbery committing of the theft, or in committing between sunset and sunrise the the theft, or in carrying away or attempting imprisonment may be extended to fourteen to carry away property obtained by the years. theft, the offender, for that end, voluntarily causes or attempts to cause to any person 381. Whoever attempts to commit Attempt to death or hurt or wrongful restraint, or fear robbery shall be punished with rigorous commlt of instant death or of instant hurt or of imprisonment. foc r a term. whic,., h may exte"c, , robbery. instant wrongful restraint. to seven years, and shall also be liable to fine. when Extortion is " robbery ", if the offender, extortion is at the time of committing the extortion, is 382. If any person, in committing or in Voluntarily robbery in the presence of the person put in fear and attempting to commit robbery, voluntarily causing hurt in commits the extortion by putting that causes hurt, such person, and any other committing person in fear of instant death, of instant robbery. person jointly concerned in committing or hurt, or of instant wrongful restraint to that attempting to commit such robbery, shall be person or to some other person, and, by so punished with rigorous imprisonment for a putting in fear, induces the person so put in term which may extend to twenty years, and fear then and there to deliver up the thing shall also be liable to fine or to whipping. extorted.
Explanation.—The offender is said to be present if 383. If, at the time of committing Robbery with he is sufficiently near to put the other person robbery, the offender uses any deadly attempt to in fear of instant death, of instant hurt, or of weapon, or causes grievous hurt to any cause death or grievous hurt. instant wrongful restraint. person, or attempts to cause death or grievous hurt to any person, the Illustrations imprisonment with which such offender (a) A holds Z down, and fraudulently takes Z's shall be punished may be extended to money and jewels from Z's clothes, without Z's twenty years. consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A 384. If, at the time of attempting to Attempt to commit a robbery, the offender is armed commit has therefore committed robbery. robbery when with any deadly weapon, the imprisonment armed with (b) A meets Z on the high road. shows a pistoi, and with which such offender shall be punished deadly weapon. demands Z's purse. Z, in consequence may be extended to twenty years. surrenders his purse- Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the 385. Whoever shall belong to any Punishment for extortion in his presence, A has therefore wandering or other gang of persons belonging to a associated for the purpose of habitually wandering committed robbery. gang of thieves. committing theft or robbery shall be c) A meets Z and Z's child on the high road. A punished with rigorous imprisonment for a takes the child and threatens to fling it down a term which may extend to seven years, and precipice unless Z delivers his purse. Z, in shall also be liable to fine. consequence, delivers his purse. Here A has extorted the purse from Z by causing Z to be in fear of instant hurt lo the child who is there OF CRIMINAL MISAPPROPRIATION OF present. A has therefore committed robbery on PROPERTY Z. 386. Whoever dishonestly Dishonest (d) A obtains property from Z by saying: " Your misappropriates or converts to his own use misappro- child is in the hands of my gang, and wilt be priation of put to death unless you send us ten thousand any movable property shall be punished property. rupees ". This is extortion, and punishable as with imprisonment of either description for such ; but it is not robbery, unless Z is put in a term which may extend to two years, or fear of the instant death of his child. with fine, or with both.
11/60 PENAL CODE [Cap25
Illustrations Illustrations
(a) A takes property belonging to Z out of Z*s (a) A finds a rupee on the high road, not knowing to possession, in good failh believing, at the time whom the rupee belongs. A picks up the rupee. when he takes it, that the properly belongs to Here A has not committed the offence defined himself. A is not guilty of theft ; but if A, in this section. after discovering his mistake, dishonestly appropriates the property to his own use, he is (b} A finds a letter on the road containing a bank guilty of an offence under this section. note. From the direction and contents of the letter he learns to whom the note belongs. He (b) A, being on friendly terms with Z, goes into Z's appropriates the note. He is guilty of an library in Z's absence, and takes away a book offence under this section. without Z's express consent. Here, if A was under the impression that he had Z's implied (c) A finds a cheque payable to bearer. He can form consent to take the book for the purpose of no conjecture as to the person who has lost the reading it. A has not committed theft. But if A cheque. But the name of the person who has afterwards sells the book for his own benefit, drawn the cheque appears. A knows that this he is guilty of an offence under this section. person can direct him to the person in whose favour the cheque was drawn. A appropriates (c) A and B being joint owners of a horse, A takes the cheque without attempting to discover the the horse out of B's possession, intending to owner. He is guilty of an offence under this use it. Here as A has a right to use the horse, section. he does not dishonestly misappropriate it. But if A sells the horse and appropriates the whole (d) A sees Z drop no purse with money in it. A picks proceeds to his own use, he is guilty of an up the purse with the intention of restoring it offence under this section. to Z, but afterwards appropriates it to his own use. A has committed an offence under this Explanation I.—A dishonest misappropriation for a section. time only is misappropriation within the meaning of this section. (e) A finds a purse with money not knowing to whom it belongs ; he afterwards discovers that Illustration it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this A finds a promissory note belonging to Z, payable to section. bearer. A, knowing that the note belongs to Z, pledges it with a banker as security for a loan, (f) A finds a valuable ring, not knowing to whom it intending at a future time to restore it to Z. A belongs. A sells it immediately, without has committed an offence under this section. attempting to discover the owner. A is guilty of an offence under this section. Explanation 2.—(i) A person who finds property not 387. Whoever dishonestly dishonest in the possession of any other person and takes such property for the purpose of misappropriates or converts to his own use misappro protecting it for, or of restoring it to, the property, knowing that such property was in priation of owner, does not take or misappropriate it the possession of a deceased person at the property dishonestly, and is not guilty of an offence; time of that person's decease, and has not possessed by a but he is guilty of the offence above defined if since been in the possession of any person deceased he appropriates it to his own use, when he legally entitled to such possession, shall be person at the knows or has the means of discovering the owner, or before he has used reasonable means punished with imprisonment of either time of his to discover and give notice to the owner, and description for a term which may extend to death has kept the properly a reasonable time to three years, and shall also be liable to fine; enable the owner to claim it. and if the offender at the time of such person's decease was employed by him as a (ii) What are reasonable means, or what is a clerk or servant, the imprisonment may reasonable time in such a case, is a question of extend to seven years. fact.
(iii) It is not necessary that the finder should know Illustration who is the owner of the property, or that any Z dies in possession of furniture and money. His particular person is the owner of it; it is servant A, before the money comes into the sufficient if, at the time of appropriating it, he possession of any person entitled 10 does not believe it to be his own property, or such possession, dishonestly in good faith believes that the real owner misappropriates it. A has committed the cannot be found. offence defined in this section. II/61 Cap.25] PENAL CODE
OF CRIMINAL BREACH OF TRUST 389. Whoever commits criminal breach Punishment for of trust shall be punished with criminal breach of trust. " Criminal 388. Whoever, being in any manner imprisonment of either description for a breach of entrusted with property, or with any trust". term which may extend to three years, or dominion over property, dishonestly with fine, or with both. misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any 390. Whoever, being entrusted with Criminal property as a carrier, wharfinger, or breach of trust direction of law prescribing the mode in by carrrier, &c. which such trust is to be discharged, or of warehouse-keeper, commits criminal breach any legal contract, express or implied, which of trust in respect of such property, shall be he has made touching the discharge of such punished with imprisonment of either trust, or wilfully suffers any other person so description for a term which may extend to to do, commits " criminal breach of trust". seven years, and shall also be liable to fine.
Illustrations 391. Whoever, being a clerk or servant Criminal or employed as a clerk or servant, and being breach of trust (a) A, being executor to the will of a deceased by a clerk or person, dishonestly disobeys the law, which in any manner entrusted in such capacity servant. directs him to divide the effects according to with property, or with any dominion over the will, and appropriates them to his own use. property, commits criminal breach of trust A has committed criminal breach of trust. in respect of that property, shall be (b) A is a warehouse-keeper. Z, going on a journey. punished with imprisonment of either entrusts his furniture to A, under a contract description for a term which may extend to that it shall be returned on payment of a seven years, and shall also be liable to fine. stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust. 392. Whoever, being in any manner Criminal entrusted with property, or with any breach of trust by public (c) A, residing in Colombo, is agent for Z, residing dominion over property, in his capacity of a servant, or by in England, There is an express or implied public servant or in the way of his business banker, contract between A and Z that all sums as a banker, merchant, factor, broker, merchant, or remitted by Z to A shall be Invested by A agent. according to Z's direction, Z remits ten attorney, or agent, commits criminal breach thousand rupees to A, with directions to A to of trust in respect of that property, shall be invest the same on mortgage of coffee estates, punished with imprisonment of either A dishonestly disobeys the directions, and employs the money in his own business. A has description for a term which may extend to committed criminal breach of trust. ten years, and shall also be liable to fine.
(d) But if A, in the last illustration, not dishonestly 392A. Whoever, being entrusted with or Criminal but in good faith, believing that it will be more having the dominion of any money in his breach of trust for Z's advantage to hold shares in a company. by public disobeys Z's directions and buys shares in a capacity as a public servant, fails forthwith servant in company in Z's name instead of investing the to pay over or produce, when required to do respect of money on mortgage, here, though Z should so by the head of his department or by the money or suffer loss, and should be entitled to bring a balance of civil action against A on account of that loss, Secretary or Deputy Secretary to the money. yet A not having acted dishonestly has not Treasury, Auditor-General, Assistant committed criminal breach of trust. Auditor-General, or any officer specially appointed by the Secretary to the Treasury (e) A, a revenue officer, is entrusted with public to examine the accounts of his department, money, and is either directed by law or bound by a contract, express or implied, with the any money or balance of any money shown Government, to pay into a certain Kachcheri in the books or accounts or statements kept all the public money which he holds. A or signed by him to be held by or to be due dishonestly appropriates the money. A has from him as such public servant, or to duly committed criminal breach of trust. account therefor, shall be guilty of the (/) A, a carrier, is entrusted by Z with properly to offence of criminal breach of trust, and shall be carried by land or by water. A dishonestly misappropriates the property. A has on conviction be subject to the penalty committed criminal breach of trust. provided by section 392. II/62 Criminal 392B. Any person who, acting or 397. If the stolen property referred to in Receiving breach of trust purporting to act as the agent of any other the three preceding sections shall be of any stolen cattle or by agent in praedial respect of person, receives from a postal officer any of the descriptions mentioned in section 368, products. postal articles. postal article for delivery to such other the offender may, in addition to the person and— punishments by the three preceding sections imposed, be punished with whipping. (o) wilfully throws away, destroys, keeps, or secretes ; or OF CHEATING
(b) without reasonable excuse (the 398. Whoever, by deceiving any person, "Cheating' burden of proving which shall lie fraudulently or dishonestly induces the upon him) fails duly to account for person so deceived to deliver any property such article, or unduly delays such to any person, or to consent that any person delivery, shall retain any property, or intentionally induces the person so deceived to do or omit shall be deemed guilty of criminal breach of to do anything which he would not do or trust, and shall be liable to the punishment omit if he were not so deceived, and which prescribed therefor. act or omission causes or is likely to cause damage or harm to that person in body, OF THE RECEIVING OF STOLEN PROPERTY mind, reputation, or property, or damage or loss to the Government, is said to " cheat ". " Stolen 393. Property, the possession whereof property has been transferred by theft, or by Explanation.—A dishonest concealment of facts is a extortion, or by robbery, or by forgery, or deception within the meaning of this section. by cheating, and property which has been criminally misappropriated or in respect of Illustrations which criminal breach of trust has been (a) A, by falsely pretending to be in the committed, is designated as " stolen Administrative Service, intentionally deceives property", whether the transfer has been Z, and thus dishonestly induces Z to let him made, or the misappropriation or breach of have on credit goods for which he does not trust has been committed, within or without mean to pay. A cheats. Sri Lanka. But if such property subsequently comes into the possession of a (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this person legally entitled to the possession article was made by a certain celebrated thereof, it then ceases to be stolen property. manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. Dishonestly 394. Whoever dishonestly receives or receiving stolen retains any stolen property, knowing or (c) A, by exhibiting to Z a false sample of an property. having reason to believe the same to be article, intentionally deceives Z into believing stolen property, shall be punished with that the article corresponds with the sample, and thereby dishonestly induces Z to buy and imprisonment of either description for a pay for the article. A cheats. term which may extend to three years, or with fine, or with both. (d) A, by tendering in payment for an article a cheque on a bank with which A keeps no Habitually 395. Whoever habitually receives or money, and by which A expects that the dealing in deals in property which he knows or has cheque will be dishonoured, intentionally stolen deceives Z, and thereby dishonestly induces Z property. reason to believe to be stolen property shall to deliver the article, intending not to pay for be punished with imprisonment of either it. A cheats. • description for a term which may extend to twenty years, and shall also be liable to fine. (e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally Assisting in 396. Whoever voluntarily assists in deceives Z, and thereby dishonestly induces Z concealment of concealing or disposing of or making away to lend money. A cheats. stolen property. with property which he knows or has reason to believe to be stolen property shall be (f) A intentionally deceives Z into a belief that A punished with imprisonment of either means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend description for a term which may extend to him money, A not intending to repay it. A three years, or with fine, or with both. cheats. II/63 Cap.25] PENAL CODE
(g) A intentionally deceives Z into a belief that A 402. Whoever cheats by personation Punishment for means to deliver 10 Z a certain quantity of shall be punished with imprisonment of cheating by copra, which he does not intend to deliver, and either description for a term which may personation. thereby dishonestly induces Z to advance extend to three years, or with fine, or with money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the both. money, intends to deliver the copra, and afterwards breaks his contract and does not 403. Whoever cheats and thereby Cheating and deliver it, he does not cheat, but is liable only dishonestly induces the person deceived to dishonestly to a civil action for breach of contract. inducing a deliver any property to any person, or to delivery of make, alter, or destroy the whole or any property. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made part of a valuable security, or anything with Z, which he has not performed, and which is signed or sealed, and which is thereby dishonestly induces Z to pay money. A capable of being converted into a valuable cheats. security, shall be punished with imprisonment of either description for a (0 A sells and conveys an estate to B. A. knowing term which may extend to seven years, and that in consequence of such sale he has no right to the property, sells or mortgages the shall also be liable to fine. same to Z without disclosing the fact of the previous sale and conveyance to B, and OF FRAUDULENT DEEDS AND DISPOSITIONS receives the purchase or mortgage money from OF PROPERTY Z. A cheats. 404. Whoever dishonestly or Dishonest or fraudulently removes, conceals, or delivers fraudulent „ . removal or "Cheating by 399. A person is said to "cheat by to any person or transfers or causes to be concealment of personation". personation " if he cheats by pretending to transferred to any person, without adequate property to be some other person, or by knowingly consideration, any property intending prevent , , •''•'. distribution substituting one person for another, or thereby to prevent, or knowing it to be among representing that he or any other person is a likely that he will thereby prevent, the creditors. person other than he or such other person distribution of that property according to really is. law among his creditors or the creditors of any other person, shall be punished with Explanation.—The offence is committed whether the imprisonment of either description for a individual personated is a real or imaginary term which may extend to two years, or person. with fine, or with both.
Illustrations 405. Whoever dishonestly or Dishonestly or fraudulently prevents any debt or demand fraudulently (a) A cheats 'by pretending to be a certain rich due to himself or to any other person from preventing merchant of the same name. A cheats by from being personation. being made available according to law for made available payment of his debts or the debts of such for his creditors a debt (b) A cheats by pretending to be B, a person who is other person, shall be punished with or demand due deceased. A cheats by personation. imprisonment of either description for a to the offender. term which may extend to two years, or Punishment for 400. Whoever cheats shall be punished with fine, or with both. cheating, with imprisonment of either description for a term which may extend to one year, or 406. Whoever dishonestly or Dishonest or with fine, or with both. fraudulently signs, executes, or becomes a fraudulent execution of party to any deed or instrument which deed of purports to transfer or subject to any charge transfer Cheating with 401. Whoever cheats with the any property, or any interest therein, and containing knowledge that knowledge that he is likely thereby to cause a false wrongful loss which contains any false statement relating statement of may be thereby wrongful loss to a person, whose interest in to the consideration for such transfer or consideration. caused to a the transaction to which the cheating relates charge, or relating to the person or persons person whose he was bound either by law, or by a legai interest the for whose use or benefit it is really intended offender is 'contract, to protect, shall be punished with to operate, shall be punished with bound to imprisonment of either description for a imprisonment of either description for a protect. term which may extend to three years, or term which may extend to two years, or with fine. or with both. with fine, or with both. II/64 PENAL CODE [Cap.25
Dishonest or 407. Whoever dishonestly or (f) A causes a ship to be cast away intending fraudulent fraudulently conceals or removes any thereby to cause damage to Z, who has lent removal or property of himself or any other person, or money on bottomry on the ship. A has concealment of committed mischief. property or dishonestly or fraudulently assists in the release of concealment or removal thereof, or (g) A, having joint property with Z in a horse, claim. dishonestly releases any demand or claim to shoots the horse, intending thereby to cause which he is entitled, shall be punished with wrongful loss to Z. A has committed mischief. imprisonment of either description for a (h) A causes cattle to enter upon a field belonging term which may extend to two years, or to Z, intending to cause, and knowing that he with fine, or with both. is likely to cause, damage to Z's crop. A has committed mischief.
OF MISCHIEF AND ILLEGAL REMOVAL OF 409. Whoever commits mischief shall be Punishment for WRECKS punished with imprisonment of either committing mischief. Mischief' 408. Whoever, with intent to cause, or description for a term which may extend to knowing that he is likely to cause, wrongful three months, or with fine, or with both. loss or damage to the public or to any 410. Whoever commits mischief and Committing person, causes the destruction of any thereby causes loss or damage to the mischief and property, or any such change in any thereby amount of fifty rupees or upwards shall be property or in the situation thereof as causing punished with imprisonment of either damage to the destroys or diminishes its value or utility or description for a term which may extend to amount of fifty affects it injuriously, commits " mischief ". rupees. two years, or with fine, or with both.
Explanation 1.—It is not essential to the offence of 411. Whoever commits mischief by Mischief by mischief that the offender should intend to killing, poisoning, maiming, or rendering killing or cause loss or damage to the owner of the maiming any poperty injured or destroyed. It is sufficient if useless any animal or animals of the value animal of the he intends to cause, or knows that he is likely of ten rupees or upwards shall be punished value of ten to cause, wrongful loss or damage to any with imprisonment of either description for rupees. person by injuring any property, whether it a term which may extend to two years, or belongs to that person or not. with fine, or with both. Explanation 2.—Mischief may be committed by an act affecting property belonging to the person 412. Whoever commits mischief by Mischief by who commits the act, or to that person and killing, poisoning, maiming, or rendering killing or others jointly. maiming cattle, useless, any elephant, camel,- horse, ass, Ac., or any mule, buffalo, bull, cow, or ox, whatever animal of the Illustrations may be the value thereof, or any other value of fifty rupees. (a) A voluntarily burns a valuable security animal of the value of fifty rupees or belonging to Z, intending tc cause wrongful upwards, shall be punished with less to Z. A has committed mischief. imprisonment of either description for a term which may extend to five years, or (b) A introduces water into an ice house belonging with fine, or with both. to Z, and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. 413. Whoever commits mischief by Mischief by doing any act which causes, or which he injury to (c) A voluntarily throws into a river a ring works of belonging to Z, with the intention of thereby knows to be likely to cause, a diminution of irrigation or causing wrongful loss to Z. A has committed the supply of water for agricultural by wrong- mischief. purposes, or for food or drink for human fully divert- beings, or for animals which are property, ing water. (d) A, knowing that his effects are about to be or for cleanliness, or for carrying, on any taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with manufacture, shall be punished with the intention of thereby preventing Z from imprisonment of either description for a obtaining satisfaction of the debt, and of thus term which may extend to five years, or causing damage to Z. A has committed with fine, or with both. mischief- 414. Whoever commits mischief by Mischief by (e) A, having insured a ship voluntarily causes the doing any act which renders, or which he injury to public road, bridge, same to be cast away, with the intention of knows to be likely to render, any public causing damage to the underwriters. A has committed mischief. road, bridge -""'gable river, or navigable II/65 Cap.25] PENAL CODE
channel, natural or artificial, impassable or 420. Whoever commits mischief to any Mischief with less safe for travelling or conveying decked vessel or any vessel of a burden of intent to destroy or property, shall be punished with ten tons or upwards, intending to destroy or make unsafe a imprisonment of either description for a render unsafe, or knowing it to be likely decked vessel term which may extend to five years, or that he will thereby destroy or render or a vessel of a burden of ten with fine, or with both. unsafe, that vessel, shall be punished with ions or imprisonment of either description for a upwards. Mischief by 415. Whoever commits mischief by term which may extend to ten years, and causing doing any act which causes, or which he inundation or shall also be liable to fine. obstruction lo knows to be likely to cause, an inundation public drainage or an obstruction to any public drainage 421. Whoever commits or attempts to Punishment for attended with attended with injury or damage, shall be the mischief damage. commit by fire or any explosive substance punished with imprisonment of either described in such mischief as is described in the last the last section description for a term which may extend to preceding section shall be punished with when five years, or with fine, or with both. imprisonment of either description for a committed by fire or any term which may extend to twenty years, and explosive Mischief by 416. Whoever commits mischief by shall also be liable to fine. substance. destroying or destroying or moving any lighthouse or moving or rendering less other light used as a seamark, or any useful a seamark or buoy or other thing placed as a 422. Whoever intentionally runs any Punishment for lighthouse or guide for navigators, or by any act which intentionally seamark. vessel aground or ashore, intending to renders any such lighthouse, seamark, buoy, running vessel commit theft of any property contained aground or or other such thing as aforesaid less useful therein, or to dishonestly misappropriate ashore with as a guide for navigators, shall be punished any such property, or with intent that such intent to with imprisonment of either description for commit theft, theft or misappropriation of property may &c. a term which may extend to seven years, or be committed, shall be punished with with fine, or with both. imprisonment of either description for a term which may extend to ten years, and Mischief by 417. Whoever commits mischief by shall also be liable to fine. destroying or destroying or moving any landmark fixed moving, &c., a by the authority of a public servant, or by landmark fixed 423. Whoever, without lawful excuse, Punishment for by authority of any act which renders such landmark less endeavours in any way to prevent or impede impeding the a public useful as such, shall be punished with servant. the saving of any vessel stranded or in saving of a imprisonment of either description for a vessel. danger of being stranded or otherwise in term which may extend to one year, or with distress on or near the shore of any sea or fine, or with both. tidal water, or any part of the cargo or Mischief by 418. Whoever commits mischief by fire apparel of such vessel or any wreck, shall be fire or or any explosive substance, intending to punished with imprisonment of either explosive description for a term which may extend to substance with cause, or knowing it to be likely that he will intent to cause thereby cause, damage to any peroperty to five years, or with fine, or with both. damage to the the amount of one hundred rupees or amount of one upwards, shall be punished with 424. Whoever illegally carries away or Punishment for hundred removes any part of any vessel stranded or removing or rupees. imprisonment of either description for a secreting term which may extend to seven years, and in danger or being stranded or otherwise in wreck. shall also be liable to fine. distress on or near the shore of any sea or tidal water, or any part of the cargo or Mischief by 419. Whoever commits mischief by fire apparel thereof or any wreck, and whoever fire or or any explosive substance, intending to illegally secretes any wreck or obliterates or explosive defaces any marks thereon, shall be substance with cause, or knowing it to be likely that he will intent to thereby cause, the destruction of any punished with imprisonment of either destroy a building which is ordinarily used as a place description which may extend to one year, house, Ac. of worship or as a human dwelling or as a or with fine, or with both. place for the custody of property, shall be punished with imprisonment of either 425. Whoever illegally takes into any Taking wreck description for a term which may extend to foreign port or place any vessel stranded or lnt0 foregin fifteen years, and shall also be liable to fine. derelict or otherwise in distress on or near port
11/66 PENAL CODE [Cap. 25
the seashore or the shore of any tidal water 430. Whoever commits lurking house- "Lurking of Sri Lanka, or any part of the cargo or trespass after sunset and before sunrise is house-trespass apparel thereof, or anything belonging said to commit " lurking house-trespass by by night " thereto or any wreck found on or near such night" seashore or shore aforesaid, and there sells the same, shall be punished with 431. A person is said to commit" house- "House- imprisonment of either description for a breaking " who commits house-trespass if he breaking". term which may extend to five years,, or effects his entrance into the house or any with fine, or with both. part of it in any of the six ways hereinafter described ; or if, being in the house or any Explanation.—The word wreck used in sections 423, part of it for the purpose of committing an 424, and 425 includes jetsam, flotsam, lagan, offence, or having committed an offence and derelict. therein, he quits the house or any part of it Mischief 426. Whoever commits mischief, having in any of such six ways, that is to say— committed made preparation for causing to any person after prepara- Firstly—if he enters or quits through a tion made for death or hurt or wrongful restraint, or fear causing death of death or of hurt or of wrongful restraint, passage made by himself, or by any abettor or hurt. shall be punished with imprisonment of of the house-trespass, in order to the either description for a term which may committing of the house-trespass ; extend to five years, and shall also be liable to fine. Secondly—if he enters or quits through any passage not intended by any person, OF CRIMINAL TRESPASS other than himself or an abettor of the offence, for human entrance; or through " Criminal 427. Whoever enters into or upon any passage to which he has obtained access trespass ". property in the occupation of another with by scaling or climbing over any wall or intent to commit an offence, or to building ; intimidate, insult, or annoy any person in occupation of such property, Thirdly—if he enters or quits through any passage which he or any abettor of the or having lawfully entered into or upon house-trespass has opened, in order to the such property unlawfully remains committing of the house-trespass, by any there with intent thereby to means by which that passage was not intimidate, insult, or annoy any intended by the occupier of the house to be such person, or with intent to opened ; commit an offence, Fourthly—if he enters or quits by is said to commit " criminal trespass " opening any lock in order to the committing of the house-trespass, or in order to the "House- 428. Whoever commits criminal trespass trespass " by entering- into or remaining in any quitting of the house after a house-trespass ; building, tent, or vessel used as a human dwelling, or any building used as a place for Fifthly—if he effects his entrance or worship or as a place for the custody of departure by using criminal force or property, is said to commit committing an assault or by threatening any " house-trespass ". person with assault ;
Explanation.—The introduction of any part of the Sixthly—if he enters or quits by any criminal trespasser's body in -entering is passage which he knows to have been sufficient to constitute house-trespass. fastened against such entrance or departure " Lurking 429. Whoever commits house-trespass, and to have been unfastened by himself or house- having taken precautions to conceal such by an abettor of the house-trespass. trespass " house-trespass from some person who has a right to exclude or eject the trespasser from Explanation.—Any outhouse or building occupied with a house, and between which and such the building, tent, or vessel which is the house there is an immediate internal subject of the trespass, is said to commit communication, is part of the house within the 11 lurking house-trespass". meaning of this section.
11/67 Cap.25] PENAL CODE
Illustrations 436. Whoever commits house-trespass in House-trespass order to the committing of any offence in order to the (a) A commits house-trespass by making a hole commission of punishable with imprisonment for ten an offence through the wali of Z's house and putting his years or more shall be punished with hand through the aperture. This is house- punishable imprisonment of either description for a with breaking. imprisonment term not exceeding ten years, and shall also for ten years or (b) A commits house-trespass by creeping into a be liable to fine. more. ship at a port-hole between decks. This is house-breaking. 437. Whoever commits house-trespass in House-trespass (c) A commits house-trespass by entering Z's house order to the committing of any offence in order to the through a window. This is house-breaking. commission of punishable with imprisonment for less than an offence ten years shall be punished with punishable (d) A commits house-trespass by entering Z's house imprisonment of either description for a with through the door, having opened a door which imprisonment was fastened. This is house-breaking. term which may extend to two years, and for less than shall also be liable to fine ; and if the offence ten years. (e) A commits house-trespass by entering Z's house intended to be committed is theft, the term through the door, having lifted a latch by of the imprisonment may be extended to putting a wire through a hole in the door. This is house-breaking. seven years.
(f) A finds the key of Z's house-door, which Z had 438. Whoever commits house-trespass House-trespass lost, and commits house-trespass by entering having made preparation for causing hurt to after Z's house, having opened the door with that preparation key. This is house-breaking. any person or for assaulting any person, or made for for wrongfully restraining any person, or for causing hurt to (g) Z is standing in his doorway. A forces a passage putting any person in fear of hurt or of any person. by knocking Z down, and commits house- assault or of wrongful restraint, shall be trespass by entering the house. This is punished with imprisonment of either house-breaking. description for a term which may extend to (h) Z, the door-keeper of Y, is standing in Y's seven years, and shall also be liable to fine. doorway, A commits house-trespass by entering the house, having deterred Z from 439. Whoever commits lurking house- Punishment for opposing him by threatening to beat him. This trespass or house-breaking shall be punished lurking house- is house-breaking. trespass or with imprisonment of either description for house* " House- 432. Whoever commits house-breaking a term which may extend to two years, and breaking. breaking by after sunset and before sunrise is said to shall also be liable to fine. night". commit " house-breaking by night ". 440. Whoever commits lurking house- Lurking house- trespass or Punishment for trespass or house-breaking in order to the 433. Whoever commits criminal trespass house-breaking criminal shall be punished with imprisonment of committing of any offence punishable with in order to the trespass. eitner description for a term which may imprisonment shall be punished with commission of extend to three months, or with fine which imprisonment of either description for a an offence punishable may extend to one hundred rupees, or with term which may extend to three years, and with both. shall also be liable to fine ; and if the offence imprisonment. intended to be committed is theft, the term Punishment for 434. Whoever commits, house-trespass of the imprisonment may be extended to ten house-trespass. shall be punished with imprisonment of years. either description for a term which may extend to one year, or with fine which may 441. Whoever commits lurking house- Lurking house- extend to one thousand rupees, or with trespass or house-breaking, having made trespass or house-breaking both. preparation for causing hurt to any person, after or for assaulting any person, or for preparation House-trespass 435. Whoever commits house-trespass in wrongfully restraining any person, or for made for in order to the order to the committing of any offence putting any person in fear of hurt or of causing hurt to commission of any person. an offence punishable with death shall be punished assault or of wrongful restraint, shall be punishable with rigorous imprisonment for a term not punished with imprisonment of either with death. exceeding twenty years, and shall also be description for a term which may extend to liable to fine. ten years, and shall also be liable to fine.
11/68 PENAL CODE [Cap.25
Punishmeni for 442. Whoever commits lurking house- 448. Whoever, being entrusted with any Punishmeni lur lurking house- trespass by night or house-breaking by night closed receptacle which contains or which same offence when trespass by shall be punished with imprisonment of he believes to contain property, without committed by night or house either description for a term which may having authority to open the same, person breaking by extend to three years, and shall also be dishonestly, or with intent to commit entrusted with night liable to fine. mischief breaks open or unfastens that custody. receptacle, shall be punished with Lurking house- 443. Whoever commits lurking house- imprisonment of either description for a trespass by trespass by night or house-breaking by term which may extend to three years, or night or house night, in order to the committing of any with fine, or with both. breaking by offence punishable with imprisonment, shall night,in,order be punished with imprisonment of either 449. Whoever is found having in his Unlawful to the description for a term which may extend to custody or possession without lawful possession of commission of 5ears,and shall also be liable to fine; excuse, the proof of which lies on him, any house-breaking and if the offence intended to be committed instrument or an offence instrument of house-breaking, or being being armed punishable is theft, the term of imprisonment may be armed with any dangerous or offensive with offensive with imprisonment extended to fourteen years. weapon with intent to commit any unlawful weapon. act, shall be punished with imprisonment of Lurking house- 444. Whoever commits lurking house- either description for a term which may trespass by trespass by night or house-breaking by extend to two years, or with fine, or with night or house night, having made preparation for causing both, and such instrument or weapon shall breaking by hurt to any person, or for assaulting any be forfeited to the State. night after person, or for wrongfully restraining any prepartion person, or for putting any person in fear of 450. Whoever is found in or upon any Being found in a building, &c-, made for hurt of assault or of wrongful restraint, building or enclosure for any unlawful for unlawful causing hurt to shall be punished with imprisonment of purpose, and whoever is found in or upon purpose. any person either description for a term which may any building or enclosure and fails to give a extend to fourteen years, and shall also be satisfactory account of himself, shall be liable to fine. punished with imprisonment of either description for a term which may extend to Grievous hurt 445. Whoever, whilst committing three months, or with a fine not exceeding caused whilst lurking house-trespass or house-breaking, fifty rupees, or with both. committine . , lurking house- causes grievous hurt to any person or trespass or attempts to cause death or grievous hurt to 451. Whoever, being a reputed thief, Loitering house- any person, shall be punished with loiters or lurks about any public place or about by reputed thief. breaking. .imprisonment of either description for a any wharf or warehouse or any vessel in any term which may extend to twenty years, and harbour or other water with intent to shall also be liable to fine, or to whipping. commit theft or any other unlawful act shall be punished with imprisonment of either description for a term which may extend to All persons 446. If, at the time of the committing of three months, or with a fine not exceeding jointly con- lurking house-trespass by night or liouse- fifty rupees, or with both. cerned breaking by night any person guilty of such trespass by offence shall voluntarily cause or attempt to night or house- cause death or grievous hurt to any person, CHAPTER XVIII breaking by every person jointly concerned in mghito be, punishable for committing such lurking house-trespass by OF OFFENCES RELATING To DOCUMENTS. death or night or house-breaking by night shall be PROPERTY-MARKS, CURRENCY NOTES grievous hurt punished with imprisonment of either AND BANK NOTES caused by one description for a term which may extend to of their twenty years and shall also be liable to fine. 452. Whoever makes any false Forgery. document or part of a document with intent Dishonestly 447. Whoever dishonestly, or with intent breaking open to commit mischief, breaks open or to cause damage or injury to the public or to any person, or to the Government, or to any closed unfastens any closed receptacle which receptacIe contains or which he believes to contain support any claim or title, or to cause any containg or property, shall be punished with person to part with property, or to enter supposed to imprisonment of either description for a into any express or implied contract, or with contain , - , . - property iterm which may extend to two years, or intent to commit fraud, or that fraud may with fine, or with both. be committed, commits forgery.
11/69 Cap.25] PENAL CODE
Making a false 453. A person is said to make a false rupees for the purpose of making certain document, document— payments. B fraudulently Fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery. Firstly—who dishonestly or fraudulently makes, signs, seals, or executes a document (e) A draws a bill of exchange on himself in the or part of a document, or makes any mark name of B without B's authority, intending to discount it as a genuine bill with a banker, and denoting the execution of a document, with intending to take up the bit! on its maturity. the intention of causing it to be believed Here, as A draws the bill with intent to deceive that such document or part of a document the banker by leading him to suppose that he was made, signed, sealed, or executed, by or had the security of B, and thereby to discount by the authority of a person by whom or by the bill, A is guilty of forgery. whose authority he knows that it was not (f) Z's will contains these words: " I direct that all made, signed, sealed, or executed, or at a my remaining property be equally divided time at which he knows that it was not between A, B, and C". A dishonestly scratches made, signed, sealed, or executed ; or out B's name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. Secondly—who, without lawful authority, dishonestly or fraudulently, by (g) A endorses a promissory note and makes it payable to Z or his order, by writing on the cancellation or otherwise, alters a document note the words " Pay to Z or his order ", and in any material part thereof, after it has signing the endorsement. B dishonestly erases been made or executed either by himself or the words "Pay to Z or his order", and by any other person, whether such person thereby converts the special endorsement into be living or dead at the time of such a blank endorsement. B commits forgery. alteration; or (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate Thirdly—who dishonestly or fraudulently executes a conveyance of the same estate to B, causes any person to sign, seal, execute, or dated six months earlier than the date of the conveyance to Z, intending it to be believed alter a document, knowing that such person that he had conveyed the estate to B before he by reason of unsoundness of mind or conveyed it to Z. A has committed forgery. intoxication cannot, or that by reason of deception practised upon him he does not, (i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee know the contents of the document or the named by Z, and, by representing to Z that he nature of the alteration. has prepared the will according to his instructions, induces Z tu sign the will. A has Illustrations committed forgery. (j) A writes a letter and signs it with B's name (a) A has a letter of credit upon B for rupees without B's authority, certifying that A is a 10,000, written by Z. A, in order to defraud B, man of good character and in distressed adds a cipher to the 10,000 and makes the sum circumstances from unforeseen misfortune, 100,000, intending that it may be believed by B intending by means of such letter to obtain that Z so wrote the letter. A has committed forgery. alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. (b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an (k) A without B's authority writes a letter and signs estate from Z to A, w^h the intention of it in B's name, certifying to A's character, selling the estate ^ B, and thereby of intending thereby to obtain employment under obtaining from B the purchase money. A has Z. A has committed forgery, inasmuch as he committed forgery. intended to deceive Z by the forged certificate and thereby to induce Z to enter into an (c) A picks up a cheque on a banker signed by B, expressed or implied contract for service. payable to bearer, but without any sum having been iriserled in the cheque. A fraudulently Explanation l.—A man's signature of his own name fills up Hie cheque by inserting the sum of ten may amount to forgery. thousand rupees. A commits forgery- Illustrations (d) A leaves with B, his agent, a cheque on a (a) A signs his own name to a bill of exchange, banker, signed by A, without inserting the sum intending thai it may be believed that the bill payable, and authorizes B to fill up the cheque was drawn by another person of the same by inserting a sum not exceeding ten thousand name. A has committed forgery. 11/70 PENAL CODE [Cap. 25
(b) A writes the word " accepted " on a piece of made by a public servant in his official paper and signs it with Z's name, in order that capacity, or an authority to institute or B may afterwards write on the paper a bill of defend a suit, or to take any proceedings exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A therein, or to confess Judgment, or a power is guilty of forgery ; and if B knowing the fact of attorney, shall be punished with draws the bill upon the paper pursuant to A's imprisonment of either description for a intention, B is also guilty of forgery. term which may extend to seven years, and shall also be liable to fine. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name intending 456. Whoever forges a document which Forgery of a to cause it to be believed that it was endorsed purports to be a valuable security or a will, valuable by the person to whose order it was payable ; or which purports to give authority to any security or will. here A has committed forgery. person to make or transfer any valuable security, or to receive the principal, interest, (d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the or dividends thereon, or to receive or deliver estate, in collusion with Z, executes a lease of any money, movable property, or valuable the estate to Z at a nominal rent and for a long security, or any document purporting to be period, and dates the lease six months prior to an acquittance or receipt acknowledging the the seizure, with intent to defraud A and to payment of money, or an acquittance or cause it to be believed that the lease was granted before the seizure. B. though he receipt for the delivery of any movable executes the lease in his own name, commits property or valuable security, shall be forgery by ante-dating it. punished with imprisonment of either description for a term which may extend to (e) A, a trader, in anticipation of insolvency, lodges twenty years, and shall also be liable to fine. effects with B for A's benefit, and with intent to defraud his creditors, and in order to give a colour to the transaction writes a promissory 457. Whoever commits forgery, Forgery for the note binding himself to pay to B a sum for intending that the document forged shall be purpose of value received, and ante-dates the note, used for the purpose of cheating, shall be cheating intending that it may be believed to have been punished with imprisonment of either made before A was on the point of insolvency. A has committed forgery under the first head description for a term which may extend to of the definition. seven years, and shall also be liable to fine.
Explanation 2.—The making of a false document in 458. A false document made wholly or " A forged the name of a fictitious person, Intending it to in part by forgery is designated " a forged document'' be believed that the document was made by a real person, or in the name of a deceased document". person, intending it to be believed that the document was made by the person in his 459. Whoever fraudulently or Using as. lifetime, may amount to forgery. dishonestly uses as genuine any document genuine a forged Illustration which he knows or has reason to believe to document. be a forged document shall be punished in A draws a bill of exchange upon a fictitious person, the same manner as if he had forged such and fraudulently accepts the bill in the name document. of such fictitious person with intent to negotiate it. A commits forgery. 460. Whoever makes or counterfeits any Making or Punishment for 454. Whoever commits forgery shall be seal, plate, or other instrument for making possessing a counterfeit forgery, punished with imprisonment of either an impression, intending that the same shall seal, plate, &c. description for a term which may extend to be used for the purpose of committing any with intent to five years, or with fine, or with both. forgery which would be punishable under commit a forgery section 456, or with such intent has in his punishable Forgery of a 455. Whoever forges a document possession any such seal, plate, or other under section record of a purporting to be a record or proceeding of instrument, knowing the same to be 456. Court of Justice or of a or in a Court of Justice, or a register of counterfeit, shall be punished with public register birth, baptism, marriage, or burial, or a imprisonment of either description for a of births, &c. register kept by a public servant as such, or term which may extend to ten years, and a certificate or document purporting to be shall also be liable to fine.
11/71 Cap.25] PENAL CODE
Making or 461. Whoever makes or counterfeits any any such device or mark has been possessing a seal, plate, or other instrument for making counterfeited, shall be punished with counterfeit seal, plate, Ac. an impression, intending that the same shall imprisonment of either description for a with intent to be used for the purpose of committing any term which may extend to seven years, and commit a forgery which would be punishable under shall also be liable to fine. forgery punishable any section of this Chapter other than otherwise. section 456, or with such intent has in his 465. Whoever knowingly causes to be Sending false possession any such seal, plate, or other transmitted by telegraph or tenders to any message by telegraph. instrument, knowing the same to be public officer employed in the Posts or counterfeit, shall be punished with Telecommunications Department for imprisonment of either description for a transmission any false message with intent term which may extend to seven years, and to defraud, injure, or annoy any person, or shall also be liable to fine. to spread any false rumour, which may be detrimental to the Government or the Having 462. Whoever has in his possession any interests of the public shall be punished with possession of a document, knowing the same to be forged, forged record imprisonment of either description for a or valuable and intending that the same shall term which may extend to one year, or with fraudulently or dishonestly be used as security or will fine, or with both. known to be genuine, shall, if the document is one of the forged, with intent to use it description mentioned in section 455, be as genuine. punished with imprisonment of either 466. Whoever fraudulently or Fraudulent dishonestly, or with intent to cause damage cancellation, description for a term which may extend to destruction, seven years, and shall also be liable to fine ; or injury to the public or to any person, &c., of a will. and if the document is one of the cancels, destroys, injures, or defaces, or description mentioned in section 456, shall attempts to cancel, destroy, injure, or be punished with imprisonment of either deface, or secretes or attempts to secrete any description for a term which may extend to document which is or purports to be a will, ten years, and shall also be liable to fine. or any valuable security, or any record, register, book, or document kept by any Counterfeiting 463. Whoever counterfeits upon or in public servant in his capacity as such or by a device or the substance of any material any device or any person in pursuance of any enactment, mark used for authenticating mark used for the purpose of authenticating or commits mischief in respect to such documents any document described in section 456, record, register, book, or document, shall be described in intending that such device or mark shall punished with imprisonment of either section 456, or possessing be used for the purpose of giving the description for a term which may extend to counterfeit appearance of authenticity to any document seven years, and shall also be liable to fine. marked then forged or thereafter to be forged on material. such material, or who with such intent has 467. Whoever, being a clerk, officer, or Falsification of in his possession any material upon or in the servant, or being employed or acting in the accounts- substance of which any such device or mark capacity of a clerk, officer, or servant, has been counterfeited, shall be punished wilfully and with intent to defraud destroys, with imprisonment of either description for a term which may extend to seven years, alters, mutilates, or falsifies any book, and shall also be liable to fine. paper, writing, valuable security, or account which belongs to or is in the possession of Counterfeiting 464. Whoever counterfeits upon or in his employer, or has been received by him a device or the substance of any material any device or for or on behalf of his employer, or wilfully mark used for and with intent to defraud makes or abets authenticating mark used for the purpose of authenticating documents any document other than the documents the making of any false entry in, or omits or other than described in section 456, intending that such alters or abets the omission or alteration of those described in section 456, device or mark shall be used for the purpose any material particular from or in any such or possessing of giving the appearance of authenticity to book, paper, writing, valuable security, counterfeit any document then forged or thereafter to or account, shall be punished with marked material. be forged on such material, or who with imprisonment of either description for a such intent has in his possession any term which may extend to seven years, or material, upon or in the substance of which with fine, or with both.
11/72 PENAL CODE [Cap.25
Explanation.—It shall be sufficient in any charge either description for a term which may under this section to allege a general intent to extend to two years, or with fine, or with defraud without naming any particular person both. intended to be defrauded, or specifying any particular sum of money intended to be the subject of the fraud or any particular day on 473. Whoever, with intent to cause Counterfeiting which the offence was committed. damage or injury to the public or to any property-mark used by a person, knowingly counterfeits any public servant, Possession of 468. (1) Whoever without lawful property-mark used by a public servant, or any imitation authority or excuse, the proof whereof shall or any mark of any currency any mark used by a public servant to denote used by him to note, bank lie on the person accused, shall have in his that any property has been manufactured by denote the note or coin. possession any imitation of any currency manufacture, a particular person or at a particular time or quality. Sic., of note, bank note or coin which is lawfully place, or that the same is of a particular any property. current in Sri Lanka or in any foreign quality, or has passed through a particular country shall be guilty of an offence, and office, or that it is entitled to any shall be liable to imprisonment of either exemption, or uses as genuine any such description for any period not exceeding mark knowing the same to be counterfeit, two years, or to fine, or to both. shall be punished with imprisonment of either description for a term which may (2) For the purposes of this section the extend to three years, and shall also be expression " imitationM includes cotton, liable to fine. silk, or other woven goods impressed with designs in imitation of any currency note, 474. Whoever makes or has in his Fraudulent possession any die, plate, or other making or bank note or coin lawfully current in Sri having Lanka or in any foreign country. instrument for the purpose of making or possession of counterfeiting any public or private any die, ptate, property-mark with intent to use the same or other OF PROPERTY-MARKS instrument for for the purpose of counterfeiting such mark counterfeiting or has in his possession any such property- any public or Property-mark. 469. A mark used for denoting that private movable property belongs to a particular mark with intent that the same shall be used for the purpose of denoting that any property-mark. person is called a property-mark. goods or merchandise were made or manufactured by any particular person or " Using a false 470. Whoever marks any movable firm by whom they were not made, or at a property- property or goods, or any case, package, or mark" time or place at which they were not made, other receptacle containing movable or that they are of a particular quality of property or goods, or uses any case, which they are not, or that they belong to a package, or other receptacle having any person to whom they do not belong, shall be mark thereon, with the intention of causing punished with imprisonment of either it to be believed that the property or goods description for a term which may extend to so marked, or any property or goods three years, or with fine, or with both. contained in any case, package, or other receptacle so marked, belong to a person to 475. Whoever sells any goods with a Knowingly whom they do not belong, is said to " use a counterfeit property-mark, whether public selling goods marked with a false property-mark ". or private, affixed to or impressed upon the counterfeit same or upon any case, wrapper, or property-mark. receptacle in which such goods are packed Punishment for 471. Whoever uses any false property- or contained, knowing that such mark is using a false mark with intent to deceive or injure any property-mark forged or counterfeit, or that the same has with intent to person shall be punished with imprisonment been affixed to or impressed upon any deceive or of either description for a term which may injure any goods or merchandise not manufactured or person. extend to one year, or with fine, or with made by the person or at the time or place both. indicated by such mark, or that they are not of the quality indicated by such mark, with Counterfeiting 472. Whoever, with intent to cause intent to deceive, injure, or damage any a property- damage or injury to the public or to mark used by person, shall be punished . with another with any person, knowingly counterfeits any imprisonment of either description for a intent to cause property-mark used by any other person term which may extend to one year or with damage or injury. shall be punished with imprisonment of fine, or with both. 11/73 7- Cap.25] PENAL CODE
Fraudulently 476. Whoever fraudulently makes any under the Monetary Law Act, or making a false false marks upon any package or receptacle any enactment in operation for the mark upon any package or containing goods, with intent to cause any time being relating to the issue of receptacle public servant or any other person to believe paper currency in Sri Lanka and containing that such package or receptacle contains includes any note of a similar goods. goods which it does not contain, or that it character, by whatever name called, does not contain goods which it does issued by or on behalf of the contain, or that the goods contained in such Government of any foreign State. package or receptacle are of a nature or 478B. Whoever sells to, or buys or Using as quality different from the real nature or receives from any other person or otherwise genuine forged quality thereof, shall be punished with traffics in or uses as genuine, any forged or or counterfeit imprisonment of either description for a currency notes counterfeit currency note or bank note, or bank notes. term which may extend to three years, or knowing or having reason to believe the with fine, or with both. same to be forged or counterfeit, shall be punished with imprisonment of either Punishment for 477. Whoever fraudulently makes use of description for a term which may extend to making use of any such false mark with intent last twenty years and shall also be liable to fine. any such false mark. aforesaid, knowing such mark to be false, shall be punished in the manner mentioned 478C. Whoever has in his possession Possession of any forged or counterfeit currency note or forged or in the last preceding section. counterfeit bank note, knowing or having reason to currency' notes Defacing any 478. Whoever removes, destroys, or believe the same to be forged or counterfeit or bank notes. property-mark defaces any property-mark, intending or and intending to use the same as genuine, or with intent to knowing it to be likely that he may thereby that it may be used as genuine, shall be cause injury. punished with imprisonment of either cause injury to any person, shall be description for a term which may extend to punished with imprisonment of either twenty years or with fine or with both. description for a term which may extend to one year, or with fine, or with both. 478D. Whoever makes, or performs any Making or part of the process of making, or buys or possessing instrument or OF CURRENCY NOTES AND BANK NOTES sells, or disposes of, or has in his possession, materials for any machinery, instrument or material for forging or Counterfeiting 478A. (1) Whoever forges or the purpose of being used, or knowing or counterfeiting currency notes counterfeits, or knowingly performs any having reason to believe that it is intended currency notes or bank notes. or bank notes. part of the process of forging or to be used, for forging or counterfeiting any counterfeiting, any currency note or bank currency note or bank note, shall be note shall be punished with imprisonment of punished with imprisonment of either either description for a term which may description for a term which may extend to extend to twenty years and shall also be twenty years and shall also be liable to fine. liable to fine. CHAPTER XIX (2) For the purposes of this section and of sections 478B, 478c, and 478D— OF DEFAMATION
(a) " bank note" means a promissory 479. Whoever, by words either spoken Defamation. note or engagement for the or intended to be read, or by signs or by visible representations, makes or publishes payment of money to bearer on any imputation concerning any person, demand .issued by any person intending to harm, or knowing or having carrying on the business of banking reason to believe that such imputation will in any part of the world, or issued harm, the reputation of such person, is said, by or under the authority of any except in the cases hereinafter excepted, to state, or sovereign power and defame that person. intended to be used as equivalent to, or as a substitute for, money; Explanation /.—It may amount to defamation to impute anything to a deceased person if the (b) " currency note " means a currency imputation would harm the reputation of that person if living, and is intended to be hurtful note issued under the Currency to the feelings of his family or other near Ordinance, No. 21 of 1941, or relatives.
11/74 PENAL CODE [Cap.25
Explanation 2.—It may amount to defamation to Fourth exception.—It is not defamation to publish a Publication of make an imputation concerning a company or substantially true report of the proceedings of a Court reports of an association or collection of persons as such. of Justice or of the result of any such proceedings. proceedings of Courts of Explanation 3.-—An imputation in the form of an Explanation.—A Magistrate or other officer holding Justice. alternative, or expressed ironically, may an inquiry in open court preliminary to a trial amount to defamation. in a Court of Justice is a court within the meaning of the above exception. Explanation 4.—No imputation is said to harm a person's reputation unless that imputation, Fifth exception.—It is not defamation to express in Merits of a directly or indirectly, in the estimation of good faith any opinion whatever respecting the merits case decided in others, lowers the moral or intellectual of any case, civil or criminal, which has been decided a Court of character of that person, or lowers the by a Court of Justice, or respecting the conduct of any Justice or character of that person in respect of his caste person as a party, witness, or agent, in any such case. conduct of or of his calling, or lowers the credit of that or respecting the character of such person, as far as his witnesses and person, or causes it to be believed that the character appears in that conduct, and no further. others body of that person is in a loathsome state, or concerned in a state generally considered as disgraceful. therein.
Illustrations Illustrations (a) A says—" I think Z's evidence on that trial is so . (a) A says—" Z is an honest man; he never stole contradictory that he must be stupid or B's watch"; intending to cause it lo be dishonest". A is within this exception if he believed that Z did steal B*s watch. This is says this in good faith, inasmuch as the defamation, unless it falls within one of the opinion which he expresses respects Z's exceptions. character as it appears in Z's conduct as a witness, and no further. (b) A is asked who stole B's watch- A points to Z, intending to cause it to be believed that Z stole (b) But if A says—" I do not believe what Z asserted at that trial, because I know him to be B's watch. This is defamation, unless it falls a man without veracity ", A is not within this within one of the exceptions. exception, inasmuch as the opinion which he expresses of Z's character is an opinion not (c) A draws a picture of Z running away with B's founded on Z's conduct as a witness. watch, intending it to be believed that Z stole B's watch. This is defamation, unless it falls Sixth exception.—It is not defamation to express in Merits of a within one of the exceptions. good faith any opinion respecting the merits of any public performance which its author has submitted to the perfomrnce. Imputation of First exception.—It is not defamation to impute judgment of the public, or respecting the character of any truth anything which is true concerning any person, if it be the author so far as his character appears in such which the for the public good that the imputation should be made performance, and no further. public good or published. Whether or not it is for the public good is Explanation.—A. performance may be submitted to requires to be a question of fact. made or the judgment of the public expressly or by acts published. on the part of the author which imply such submission to the judgment of the public. Conduct of a Second exception.—It is not defamation to express public servant in good faith any opinion whatever respecting the Illustrations in the conduct of a public servant in the discharge of his discharge of his (a) A person who publishes a book submits that public functions, or respecting his character, so far as book to the judgment of the public, public his character appears in that conduct, and no further. functions. (b) A person who makes a speech in public submits Conduct of any Third exception.—It is not defamation to express in that speech to the judgment of the public. person good faith any opinion whatever respecting the conduct (c) An actor or singer who appears on a public touching any of any person touching any public question, and public stage submits his acting or singing to the respecting his character, so far as his character appears judgment of the public. question. in that conduct, and no further. (d) A says of a book published by Z—" Z's book is Illustration: foolish, Z must be a weak man. Z's book is indecent, Z must be a man of impure mind ". It is not defamation in A to express in good faith any A is within this exception if he says this in opinion whatever respecting Z's conduct in good faith, inasmuch as the opinion which he petitioning Government on a public question, expresses of Z respects Z's character only so in signing a requisition for a meeting on a far as it appears in Z's book, and no further. public question, in presiding or attending at (e) But if A says—" I am not surprised that Z's such meeting, in forming or Joining any society book is foolish and indecent, for he is a weak which invites the public support, in voting or man and a libertine", A is not within this canvassing for a particular candidate for any exception, inasmuch as the opinion Which he situation in the efficient discharge of the duties expresses of Z's character is an opinion not of which the public is interested. founded on Z's book. 11/75 Cap.25] PENAL CODE
Censure passed Seventh exception.—It is noi defamation in a person 480. Whoever defames another shall be Punishment for in good faith having over another any authority, either conferred by punished with simple imprisonment for a defamation. by person taw or arising out of a lawful contract made with that term which may extend to two years, or having lawful other, to pass in good faith any censure on the conduct authority over of that other in matters to which such lawful authority with fine, or with both. another. relates. 481. Whoever prints or engraves any Printing or Illustration matter, knowing or having good reason to engraving matter known A Judge censuring in good faith the conduct of a believe that such matter is defamatory of to be witness, or of an officer of the court; a head of any person, shall be punished with simple defamatory. a department censuring in good faith those imprisonment for a term which may extend who are under his orders; a parent censuring to two years, or with fine, or with both. in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith 482. Whoever sells or offers for sale any Sale of printed a pupil in the presence of other pupils; a printed or engraved substance containing or engraved master censuring a servant in good faith for substance defamatory matter, knowing that it contains containing remissness in service; a banker censuring in such matter, shall be punished with simple defamatory good faith the cashier of his bank for the matter. conduct of such cashier as such cashier— are imprisonment for a term which may extend within this exception. • to two years, or with fine, or with both.
Accusation Eighth exception.—It is nol defamation to prefer in 482A. Whoever, having been sentenced against a Punishment of good faith an accusation against any person to any of to a term of twelve months' imprisonment persons person those who have lawful authority over thai person with reconvicted preferred in respect to the subject-matter of accusation. or upwards for an offence punishable under under this good faith to a this Chapter shall again be convicted of any Chapter. person having lawful offence punishable under this Chapter, shall authority over be liable for every such subsequent that person. conviction, at the discretion of the court, to Illustration • imprisonment of either description, which If A in good faith accuses Z before a Magistrate; if may extend to two years, or to fine, or to A in good failh complains of the conduct of Z, both such punishments. a servant, to Z's master; if A in good faith complains of the conduct of Z, a child, to Z's father—A is within this exception. CHAPTER XX Imputation Ninth exception.—It is not defamation to make an made in good imputation on the character, of another, provided that faith by a the imputation be made in good faith for the protection OF CRIMINAL INTIMIDATION, INSULT, person for the of^he interests oflhe person making it, or of any other AND ANNOYANCE protection of person, or for the public good. his interests. 483. Whoever threatens another with Criminal intimidation. Illustrations any injury to his person, reputation, or property, or to the person or reputation of (a) A, a shopkeeper, says to B. who manages his any one in whom that person is interested, business " Sell nothing to Z unless he pays you with intent to cause alarm to that person, or ready money, for I have no opinion of his honesty ". A is within the exception, if he has to cause that person to do any act which he made this imputation on Z in good faith for is not legally bound to do, or to omit to do the protection of his own interests. any act which that person is legally entitled to do, as the means of avoiding the (6) A, a public servant, in making a report to his execution of such threat, commits criminal superior officer, casts an imputation on the character of Z. Here, if the imputation is made intimidation. in good faith, and for the public good, A is within the exception. Explanation.—A threat to injure the reputation of any deceased person in whom the person Caution Tenth exception.—It is not defamation to convey threatened is interested is within this section. intended for a caution, in good faith, to one person against another. the good of the provided that such caution be intended for the good of person to the person to whom it is conveyed, or of some person Illustration whom it is conveyed or in whom that person is interested, or for the public A, for the purpose of inducing B to desist from for the public good. prosecuting a civil suit, threatens to burn B's good.. house. A is guilty of criminal intimidation. II/76 PENAL CODE [Cap.25
Intentional 484. Whoever intentionally insults and 488. Whoever, in a state of intoxication, Misconduct in insult with thereby gives provocation to any person, appears in any public place or in any place public by a intent to drunken provoke a intending or knowing it to be likely that which it is a trespass in him to enter, and person. breach of the such provocation will cause him to break there conducts himself in such a manner as peace. the public peace, or to commit any other to cause annoyance to any person, shall be offence, shall be punished with punished with simple imprisonment for a imprisonment of either description for a term which may extend to one month, or term which may extend to two years, or with fine which may extend to one hundred with fine, or with both. rupees, or with both.
Circulating 485. Whoever circulates or publishes false report any statement, rumour, or report which he with intent to CHAPTER XXI cause mutiny knows to be false, with intent to cause any or an offence officer, soldier, sailor, or airman in the against the Army, Navy, or Air Force of the Republic OF UNLAWFUL OATHS Republic. to mutiny, or with intent to cause fear or alarm to the public, and thereby to induce any person to commit an offence against the 489. Whoever administers or causes to Administering be administered, or abets the administering or taking or Republic or against the public tranquillity, abetting the shall be punished with imprisonment of or taking of any oath, engagement, or administering either description for a term which may obligation in the nature of an oath, or taking of an oath to commit extend to two years, or with fine, or with purporting or intending to bind the person an offence. both. taking the same to commit or abet the commitment of any offence, or takes any Punishment for 486. Whoever commits the- offence of such oath, engagement, or obligation, if the criminal criminal intimidation shall be punished with intimidation. offence to which the oath, engagement, or imprisonment of either description for a obligation relates be punishable with death term which may extend to two years, or or imprisonment for twenty years, shall be with fine, or with both; punished with imprisonment of .either If threat be to and if the threat be to cause death or description which may extend to twenty cause death or grievous hurt, or to cause the years, or with fine, or both, and if the grievous hurt, offence is punishable with imprisonment for &c. destruction of any property by fire, or to cause an offence punishable less than twenty years shall be punished with death or with imprisonment with such punishment as may be awarded for a term which may extend' to for the offence to which such oath, seven years, or to impute unchastity engagement, or obligation relates. to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with CHAPTER XXII both. OF ATTEMPTS to COMMIT OFFENCES Criminal 487. Whoever commits the offence of intimidation criminal intimidation by an anonymous. 490. Whoever attempts .to commit an Punishment for by an communication, or having taken precaution anonymous offence punishable by this Code with attempting to communi- to conceal the name or abode of the person commit cation. from whom the threat comes, shall be imprisonment, or to cause such an offence offences punished with imprisonment of either to be committed, and in such attempt does punishable with description for a term which may extend to any act towards the commission of th'e imprisonment. two years, in addition to the punishment offence, shall, where no express provision is provided for the offence by the last made by this Code for the punishment of preceding section. such attempt, be punished with imprisonment of either description provided Illustration for the offence, for a term which may A writes an anonymous letter threatening B, and extend to one-half of the longest term sends it to C, living with B, expecting and provided for that offence, or with such fine believing C would show the letter to B; A is guilty under this section. as is provided for the offence, or with both
II/77 Cap. 25] PENAL CODE
Illustrations (b) A makes an attempt to pick the pocket of Z by (a) A makes an attempt to steal some jewels by thrusting his hand into Z's pocket. A fails in breaking open a box, and finds after so the attempt in consequence of Z having opening the box that there is no Jewel in it. He ha, s don, e an act. toward. ,s th., e commissio. n of, nothin. g" in his pocket.• A is guiltye J unde' r thi•"s theft, and therefore is guilty under this section, section.
11/78