Code Of Criminal Procedure (amendment)



Code Of Criminal Procedure (amendment)
AN ACT TO AMEND THE CODE OF CRIMINAL PROCEDURE ACT, NO. 15 OF 1979

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

[27th March
, 2006 ]
Short title.

1. This Act may be cited as the Code of Criminal Procedure (Amendment) Act, No. 7 of 2006.

Amendment of the First Schedule to Act, No. 15 of 1979.

2. The First Schedule to the Code of Criminal Procedure Act, No. 15 of 1979 (hereinafter referred to as the “principal enactment”) as last amended by Act, No. 28 of 1998 is hereby amended as follows : –

(1) by the insertion, immediately after the entry relating to section 286A, of the following entries –

“286B Failure of person providing services by the use of computer to prevent sexual abuse of child. Same Same Same Same Imprisonment of either description for a term not exceeding two years or to a fine or to both such imprisonment and fine. Magistrates’ Court
286C Failure to inform of use of premises for child abuse. Same Same Same Same Imprisonment of either description for a term not exceeding two years or to a fine or to both such imprisonment and fine.” Magistrates’ Court

(2) by the repeal of the heading, appearing immediately after the entry relating to section 349 and the substitution therefor of the following new heading :-

“KIDNAPPING, ABDUCTION, PROCURATION, SEXUAL EXPLOITATION OF CHILDREN, TRAFFICKING, DEBT BONDAGE, SERFDOM, FORCED OR COMPULSORY LABOUR, SLAVERY, RECRUITMENT OF CHILDREN FOR USE IN ARMED CONFLICT, OFFENCES RELATED TO ADOPTION AND SOLICITING A CHILD.”

(3) by the insertion, immediately after the entries relating to section 358 of the following new entries –

“358A Debt Bondage, Serfdom, Forced or Compulsory Labour, or Slavery. Same Same Same Same Imprisonment
of either
description for
a term not
exceeding
twenty years
and fine.
Debt Bondage, Serfdom, Forced or Compulsory Labour, or Slavery when committed in relation to a child or engaging or recruiting a child for use in armed conflict”. Same Same Same Same Imprisonment of either description for a term not exceeding thirty years and fine.

(4) by the repeal of all the entries relating to section 360C and the substitution therefor of the following entries:-

“360C Trafficking May arrest without a warrant. Same Same Same Imprisonment of either description for a term not less than two years and not exceeding twenty years and may also be punished with fine.
If the offence is committed in respect of a child. Same Same Same Same Imprisonment of either description for a term not less than three years and not exceeding twenty years, and may also be punished with fine.
360D Offences related to adoption. Same Same Same Same Imprisonment of either description for a term not exceeding twenty years or to a fine or to both such imprisonment and fine.
360E Soliciting a child. Same Same Same Same Imprisonment of either description for a term not exceeding ten years or to a fine or to both such imprisonment and fine.”

(5) by the repeal of all the entries relating to section 365B and the substitution therefor of the following entries : –

“365B Grave sexual abuse. Same Same Same Same Rigorous imprisonment for not less than five years and not exceeding twenty years and fine and compensation.
If the offence is committed in respect of a person under eighteen years of age. Same Same Same Same Rigorous imprisonment for not less than seven years and not exceeding twenty years and fine and compensation.”

Sinhala text to prevail in case of inconsistency.

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