DANGEROUS KNIVES

1. This Ordinance may be cited as the Knives Ordinance*.(Primary Court has exclusive jurisdiction in respect of all offences under this Ordinance under section 33 of the Judicature Act read with Gazette Extraordinary No. 43/4 of 1979.07.02.)

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3. Any person who carries on or about his person, or wears, any prohibited knife, shall be guilty of an offence, and shall be liable on conviction thereof, to imprisonment of either description for a term not exceeding one month and shall also be liable to a fine not exceeding fifty rupees, and for the second and any subsequent offence to imprisonment of either description for a term not exceeding three months and shall also be liable to a fine not exceeding one hundred rupees; and in every prosecution under this section the prohibited knife in respect of which such person is convicted shall be forfeited.

4. Where the use of any instrument which is a prohibited knife within the meaning of this Ordinance is indispensable for the purpose of carrying on any lawful trade, craft, or pursuit, the carrying or wearing of such instrument by any person when actually engaged in any such trade, craft, or pursuit shall not be an offence under this Ordinance.

5. Nothing in this Ordinance shall extend to the carrying or wearing of any military weapon by any person serving in any of armed forces or in any police force or in any corps of pioneers or volunteers.

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7. Every offence alleged to have been committed against the provisions of this Ordinance shall be triable by the Magistrate’s Court having local jurisdiction.(Primary Court has exclusive jurisdiction in respect of all offences under this Ordinance under section 33 of the Judicature Act read with Gazette Extraordinary No. 43/4 of 1979. 07. 02.)

8. The provisions of sections 306 to 309 (inclusive of both) of the Code of Criminal Procedure Act, No. 15 of 1979, shall not apply to a person charged with an offence under this Ordinance.

9. Should the court which tries any case under the provisions of this Chapter find that the charge is false, frivolous, or vexatious, it shall be lawful for such court to impose on the complainant a fine not exceeding five rupees.

10. No prosecution shall be instituted against any person for an offence against this Ordinance after the lapes of three months from the time when the offence is alleged to have been committed.

11. Whenever a person is convicted before a Magistrate’s Court of an offence under section 315 of the Penal Code, such Magistrate’s Court may, in addition to or in lieu of any punishment to which the offender may be sentenced for such offence, order such offender to be whipped in manner prescribed by the Code of Criminal Procedure Act, No. 15 of 1979, but the number of lashes or strokes to be inflicted shall in no case exceed the limit prescribed by the Corporal Punishment Ordinance.

12. Whenever any person is convicted by any court other than a Rural Court* of any offence not punishable by death in which the knife has been used, or of the abetment of or the attempt to commit any such offence, it shall be lawful for such court, in lieu of or in addition to any punishment to which the offender is liable, to make an order in such case prohibiting him on his discharge from custody from wearing, carrying, or concealing about his person any knife outside the precincts of the house, hut, or boutique in which he ordinarily resides, unless he shall have first obtained a licence from the +Divisional Secretary of the Divisional Secretary’s Division as is hereinafter provided. (* The reference to “Rural Court” should be omitted consequent to the repeal of the Rural Courts Ordinance by Law No. 44 of 1973. The reference to Rural Court should be read as the Magistrate’s Court,)

13. It shall be lawful for the Divisional Secretary of the Divisional Secretary’s Division in which such person resides to issue a licence (either with or without conditions) to such person to wear or carry a knife (not being a prohibited knife) outside the precincts of the house, hut, or boutique in which such person ordinarily resides, for such period and under such conditions as to the Divisional Secretary of the Divisional Secretary’s Division shall seem fit.

14. When any person against whom an order has been made under section 12 does, without having obtained a licence under the last preceding section, any act in contravention of such order, or in any way contravenes the terms or conditions of any licence issued under the last preceding section, then and in every such case such person shall be guilty of an offence punishable on conviction with imprisonment of either description for any period not exceeding six months; and if a licence has been granted to him such licence shall thereupon be cancelled.

15. The Minister of Justice may, by Order, declare what offences under the last preceding section when committed in any province or district of Sri Lanka specified in the Order are cognizable offences, and thereupon and until such Order is revoked such offences when so committed shall be cognizable offences within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979.

16. In this Ordinance, unless the contrary intention appears –

” court” includes a Rural Court;

” district” means administrative district;

” peace officer ” bears the meaning given to the term by the Code of Criminal Procedure Act, No. 15 of 1979;

” prohibited knife” means any knife, whether a clasp knife or otherwise, the blade of which is more than

two inches in length, and is not so rounded or blunted at the point as to be incapable, in the opinion of the court, of being used as a stabbing instrument, and includes any sword, dagger, or similar weapon adapted for use as a stabbing instrument.