Penal Code Consolidated

penal-code-consolidated

PENAL CODE [Cap. 19281Liability for offencescommitted withinand outside SriLanka,[§2,32 of 1991.]CHAPTER 19PENAL CODEANORDINANCE TO PROVIDE AGENERALPENALCODE Ordinances,„ Nos. 2 of 1883,F°R CeylOn. 11 of 1887,13 of 1888, 13of 1890, 3 of1892,11 of 1895,15 of 1898,16 of 1898, 5of I903, 10 ofI903,12 of 1906,10 of 1909, 10of 1910, 26 of1912, 7 of1915,16 of 1918,21 of 1919,25 of 1919,5 of 1924,19 of 1926, 23of I937, 29 of1938, 50 of1939, 54 of1939, 62 of1939, 19 of1941,6 of 1944,12 of 1945, 40of 1945, 37 of1946,Acts,Nos.6 of 1968, 50 of1980, 32 of1991.22 of 1995,29 of 1998,[ 1st January,1885.]CHAPTER I1. This Ordinance may be cited as the Penal Code, and is Short title. generallyreferred to hereinafter as “this Code”.2. (1) Every person shall be liable to punishment under thisCode, and not otherwise, for every act or ommission contrary tothe provisions thereof, of which he shall be guilty within SriLanka.[Cap. 19 PENAL CODE281A[§2,32 of 1991.] (2) Every Sri Lankan national shall be liable to punishment underthis Code for every act done or omitted to be done contrary to theprovisions thereof, of which he shall be guilty, where such act wasdone or was omitted to be done-(a) within the premises of a Sri Lankan mission or the residenceof the Head of such mission, diplomatic agent or any othermember of such mission, situated outside the Republic ofSri Lanka; or(b) within any premises occupied on behalf of or under thecontrol of the Government of Sri Lanka or any statutorybody established in Sri Lanka, and situated outside theRepublic of Sri Lanka; or(c) outside the Republic of Sri Lanka, where such Sri Lankannational enjoys diplomatic immunity in respect of suchact or omission which is granted by a foreign state byreason of his diplomatic status in such state.[§2,32 of 1991.] (3) Nothing in this section shall be construed, as affecting theliability of any Sri Lankan nationality under the laws of the countryin which such act was done or omitted to be done in respect of suchact or omission.Roman Dutch Criminal Lawabolished.3. So much of the Criminal Law heretofore administered inCeylon as is known as “the Criminal Law of the United Provinces”,or as “the Roman-Dutch Law” is hereby abolished.Cap. 19] PENAL CODE282Certain lawsnot to beaffected.Definitions tobe understoodsubject toexceptions.[ §2, 50 of 1939]Expressiononceexplained isused in thesame sensethroughoutthe Code.Gender.Number.4. Nothing in this Code is intended to repeal, vary, suspend,or effect any of the provisions of any special or local law, or toaffect the power heretofore possessed by the Supreme Court orany Judge thereof of summarily punishing persons guilty ofcontempts of the said court, and attorneys-at-law guilty ofmisconduct in the exercise of their profession.CHAPTER IIGENERAL EXPLANATIONS5. Throughout this Code every definition of an offence,every penal provision, and every illustration of every suchdefinition or penal provision shall be understood subject to theexceptions contained in Chapter IV, intituled ” GeneralExceptions”, though these exceptions are not repeated in suchdefinition, penal provision, or illustration.Illustrations(a) The sections in this Code which contain definitionsof offences do not express that a child under eightyears of age cannot commit such offences; but thedefinitions are to be understood subject to the general exception whichprovides that nothing shall be an offence which is done by a child undereight years of age.(b) A, a police officer, without warrant, apprehends Z,who has committed murder. Here A is not guilty of the offence ofwrongful confinement, for he was bound by law to apprehend Z, andtherefore the case falls within the general exception which provides that” nothing is an offence which is done by a person who is bound by law todo it”.6. Every expression which is explained in any part of thisCode is used in every part of this Code in conformity with theexplanation.7. The pronoun ” he ” and its derivatives are used of anyperson, whether male or female.8. Unless the contrary appear from the context, wordsimporting the singular number include the plural number, andwords importing the plural number include the singularnumber.PENAL CODE [Cap. 192839. The word “man” denotes a male human being of any age; “Man” the word”woman” denotes a female human being of any age. ” Woman”10. The word “person” includes any company or associa- “Person”. tion or body ofpersons, whether incorporated or not.11. The word “public” includes any class of the public or “Public” any community.*12. The word “Queen” denotes the Sovereign for the time “Queen”. being of Ceylon.+13. The words “servant of the Queen” denote all officers or “Servant of the servantsemployed in Ceylon by or under the Government of Queen”. Ceylon.+14. The word “Government”, where no other meaning is indicated by anydescriptive or qualifying words or by the con- overDm£Dtext, and the expression “the Ceylon Government” or “theGovernment of Ceylon”, shall mean Her Majesty’s Government inCeylon established under the Ceylon (Constitution and Independence)Order in Council, 1946 and 1947.15. The words “this Island” and “Sri Lanka” denote respec- “This Matid”. tively, theIsland of Sri Lanka. “Sri Lanka”.+16. The term “Governor-General” denotes the Governor- “GovemorGeneral andCommander-in-Chief of the Island of Ceylon and Genaral”. includes the officer for the timebeing Administering the Government of Ceylon and, to the extent to which a Deputy forthe Governor-General is authorized to act, that Deputy.Jl7. The word “Judge” not only denotes every person who “Judge” is officiallydesignated as a judge, but also every person who is empowered by law to give,in any legal proceeding, civil or criminal, a definitive judgment, or a judgmentwhich , if not appealed against, would be definitive, or a judgment which, ifconfirmed by some other authority, would be definitive, or who is one of a bodyof persons, which body of persons is empowered by law to give such ajudgment. 1 1 Section 12- This definition should be amended to read as ‘the word”President” denotes the head of the Republic of Sri Lanka’ (1978f Section 13Constitution).- This definition is redundant and needs to be repealedwhen an official reprint is being done. f Section 14- This definition isredundant and needs to be repealed when an official reprint is beingdone. f Section 16- This definition is redundant and needs to berepealed when an official reprint is being done.{There should be substituted for the definition, the definition of”Judicial officer” in Article 170 of the Constitution of 1978.[Cap. 19 PENAL CODE284″Court”.”Election”.”Public servant”.Illustrations(a) A Magistrate exercising jurisdiction inrespect of a charge onwhich he has power to sentence to fine or imprisonment is a judge.(b) * The President of a Rural Court, whenexercisingjurisdiction underthe Rural Courts Ordinance, is a judge.(c) A District Registrar or AdditionalDistrict Registrar exercising jurisdiction under section 33 ofthe Kandyan Marriage and Divorce Act, is ajudge.(d) A juror at a trial before the High Court isajudge.(e) A Magistrate exercisingjurisdiction in respect of a charge on which he has power onlyto commit for trial to another court is not a judge; but aMagistrate when exercising jurisdiction in requiring persons togive security to keep the peace, or for good behaviour, isajudge.18. The word “Court” denote a judge who isempowered by law to act judicially alone, or a body ofjudges which is empowered by law to act, judicially as abody, when such judge or body ofjudges is actingjudicially.18A. The word “election” denotes any election for anypurpose whatsoever held under or by virtue of any law forthe time being in force in Sri Lanka, or any rules orregulations made thereunder.19 tlhe words “public servant” denote a person falling underany of the descriptions hereinafter following, namely : -Firstly-Every person holding any office in Sri Lanka byvirtue of any commission or warrant granted by thePresident or under the President’s authority.Secondly-Every member of the Sri LankaAdministrative Service.Thirdly-Every commissioned officer in the naval,military or air forces of the Republic.Fourthly-Every judge.Fifthly-Every officer of a Court whose duty it is, as suchofficer, to investigate or report on any matter of law or fact, orto make, authenticate, or* Redundant due to repeal of the Rural Courts Ordinance by Law No. 44of 1973.PENAL CODE [Cap. 19285t This definitions should be replaced by the definition of “public officer”contained in Article 170 of the 1978 Constitution. [See definition atpage 433][Cap. 19 PENAL CODE286keep any document, or to take charge or dispose of any property,or to execute any judicial process, or to administer any oath, or tointerpret, or to preserve order in the Court, and every personspecially authorized by a Court to perform any of such duties.Sixthly—Every juryman or assessor assisting a Court or a publicofficer.Seventhly—Every arbitrator or other person to whome any cause ormatter has been referred for decision or report by any Court, or by anyother competent public authority.Eighthly—Every person who holds an office by virtue ofwhich he is empowered to place or keep any person inconfinement.Ninthly—Every officer of Government whose duty it is, as suchofficer, to prevent offences, to give information of offences, to bringoffenders to justice, or to protect the public health, safety, orconvenience.Tenthly—Every officer whose duty it is, as such officer, totake, receive, keep or expend any property on behalf ofGovernment or to make any survey, assessment, or contract onbehalf of Government, or to investigate or to report on anymatter affecting the pecuniary interests of Government, or tomake, authenticate, or keep any document relating to thepecuniary interests of Government, or to prevent theinfraction of any law for the protection of the pecuniaryinterests of Government, and every officer in the service or payof Government or remunerated by fees or commission for theperformance of any public duty.Eleventhly—Every officer whose duty it is, as such officer, totake, receive, keep or expend any property, to make any surveyor assessment, or to levy any rate or tax for any secularcommon purpose of any village, town, or district, or to make,authenticate, or keep any document for the ascertaining of therights of the people of any village, town, or district.Twelfthly—Every person who is empowered to prepare, publish,maintain, or revise an electoral roll or to conduct an election orpart of an election.PENAL CODE [Cap. 19287″Movable property”.”Wrongful gain”.”Wrongful loss”.”Wrongful gain”includes wrongfulretention of property.”Wrongful loss”includes the beingwrongfully kept out ofproperty.”Dishonestly”.”Fraudulently”.”Reason to believe”.IllustrationsA Municipal Inspector is a public officer.A Superintending Engineer, under theThoroughfares Ordinance, is a public officer.A Fiscal is a public officer.A Grama niladhari is a public officer.Explanation 1.-Persons falling under anyof the above descriptions are public officers whether appointedby the Government or not.Explanation 2.-Wherever the words”public officer” occur, they shall be understood of every personwho is in actual possession of the situation of a public officer,whatever legal defect there may be in his right to hold thatsituation.20. The words “movable property”are intended to include corporeal property of every description,except land and things attached to the earth or permanentlyfastened to anything which is attached to the earth.21. (1) “Wrongful gain” is gain byunlawful means of property to which the person gaining is notlegally entitled.(2) “Wrongful loss” is the loss byunlawful means of property to which the person losing it islegally entitled.(3) A person is said to gainwrongfully when such person retains wrongfully, as well aswhen such person acquires wrongfully.(4) A person is said to losswrongfully when such person is wrongfully kept out of anyproperty, as well as when such person is wrongfully deprived ofproperty.22. Whoever does anything withthe intention of causing wrongful gain to one person, orwrongful loss to another person, is said to do that thing”dishonestly”.23. A person is said to do a thing fraudulently if he does thatthing with intent to defraud, but not otherwise.[Cap. 19 PENAL CODE28824. A person is said to have “reason to believe” a thing if hehas sufficient cause to believe that thing, but not otherwise.PENAL CODE [Cap. 19289Property inpossession ofwife, clerk, orservant.” Counterfeit ” .Document”.25. When property is in the possession of a person’s wife,clerk, or servant, on account of that person, it is in thatperson’s possession within the meaning of thisCode.Explanation. —A person employed temporarily or on a particularoccasion in the capacity of a clerk or servant is a clerk orservant within the meaning of this section.26. A person is said to ” counterfeit” who causes one thingto resemble another thing, intending by means of thatresemblance to practise deception, or knowing it to be likelythat deception will thereby be practised.Explanation. —It is not essential to counterfeiting that the imitationshould” be exact.27. The word ” document” denotes any matter expressedor described upon any substance by means of letters, figures,.or marks, or by more than one of those means, intended to beused, or which may be used, as evidence of that matter.Explanation 1.—It is immaterial by what means, or upon whatsubstance, the letters, figures, or marks are formed, or whetherthe evidence is intended for or may be used in a Court or not.A writing expressing the terms of a contract, which may be used asIllustrationsevidence of the contract, is a document.A cheque upon a banker is a document.A power of attorney is a document.A map or plan which is intended to be used, or which may be used, asevidence is a document.A writing containing directions or instructions is a document.Explanation 2.—Whatever is expressed by means of letters, figures,or marks, as explained by mercantile or other usage, shall bedeemed to be expressed by such letters, figures, or markswithin the meaning of this section, although the same may notb eactually expressed.A writes his name on the back of a bill of exchange payaIllustrations ble to hisorder. The meaning of the endorsement, as explained bymercantile usage, is that the bill is to be paid to the holder. Theendorsement is a document, and must be constructed in thesame manner as if the words ” pay to the holder ” or words tothat effect, had been written over the signature.Cap. 19] PENAL CODE290″ Valuablesecurity ” . is, or purports to be, a document whereby any legal right is28. The words “valuable security ” denote a document whichcreated, extended, transferred, restricted, extinguished, orreleased, or whereby any person acknowledges that he liesunder legal liability, or has not a certain legal right.A will” .Words referring to actsinclude illegalomissions.Act ” .”Omission” .Liability foract done byseveral personsin furtherance ofcommonintention.When such an actis criminal byreason of itsbeing done with acriminalknowledge orintention.Effect causedpartly by act andpartly byomission.IllustrationA writes his name on the back of a bill of exchange. As the effect ofthis endorsement is to transfer the right to the bill to any personwho may become the lawful holder of it, the endorsement is a”valuable security “.29. The words ” a will” denote any testamentary document.30. In every part of this Code, except where a contraryintention appears from the context, words which refer to actsdone extend also to illegal omissions.31. (1) The word ” act” denotes as well a series of acts as asingle act.(2) The word ” ommission ” denotes as well a series ofomissions as a single omission.32. When a criminal act is done by several persons infurtherance of the common intention of all, each of such personsis liable for that act in the same manner as if it were done by himalone.33. Whenever an act, which is criminal only by reason of itsbeing done with a criminal knowledge or intention, is done byseveral persons, each of such persons who joins in the act withsuch knowledge or intention is liable for the act in the samemanner as if the act were done by him alone with thatknowledge or intention.34. Whenever the causing of a certain effect, or an attemptto cause that effect, by an act or by an omission, is an offence, itis to be understood that the causing of that effect partly by anact and partly by an omission is the same offence.PENAL CODE [Cap. 19291Co-operation bydoing one ofseveral actsconstituting anoffence.Severalpersonsengaged in thecommission ofa criminal actmay be guiltyof differentoffences.VoluntarilyIllustrationA intentionally causes Z’s death, partly by illegally omitting to giveZ food, and partly by beating Z. A has committed murder.35. When an offence is committed by means of several acts, whoeverintentionally co-operates in the commission of that offence by doing anyone of those acts, either singly or jointly with any other person, commitsthat offence.Illustrations(a) A and B agree to murder Z by severally, and at different times,giving him small doses of poison. A and B administer thepoison according to the agreement with intent to murder Z. Zdies from the effects of several doses of poison so administeredto him. Here A and B intentionally co-operate in thecommission of murder, and as each of them does an act bywhich the death is caused they are both guilty of the offencethough their acts are separate.(b) A and B are joint jailors, and as such have the charge of Z, aprisoner, alternately for six hours at a time. A and B intendingto cause Z’s death, knowingly co-operate in causing that effectby illegally omitting each during the time of his attendance tofurnish Z with food supplied to them for that purpose. Z dies ofhunger. Both A and B arc guilty of the murder of Z.(c) A, a jailor, has the charge of Z, a prisoner. A intending to causeZ’s death, illegally omits to supply Z. with food in consequenceof which Z is much reduced in strength, but the starvation is notsufficient to cause his death A is dismissed from his office, andB succeeds him. B, without collusion or co-operation with A,illegally omits to supply Z with food, knowing that he is likely .thereby to cause Z’s death. Z dies of hunger. B is guilty ofmurder; but as A did not co-operate with B, A is guilty only ofan attempt to commit murder.36. Where several persons are engaged or concerned in thecommission of a criminal act, they may be guilty of differentoffences by means of that act.IllustrationA attacks Z under such circumstances of grave provocation that hiskilling of Z would be only culpable homicide not amounting tomurder. B, having ill- will towards Z, and intending to kill him,and not having been subject to the provocation, assists A in killingZ. Here, though A and B are both engaged in causing Z’s death, Bis guilty of murder, and A is guilty only of culpable homicide.37. A person is said to cause an effect ” voluntarily ” when he causes itby means whereby he intended toCap. 19] PENAL CODE292″ Offencecause it, or by means which, at the time of employing those means, he knewor had reason to believe to be likely to cause it.IllustrationA sets fire. by night, to an inhabited house in a large town for the purpose offacilitating a robbery, and thus causes the death of a person. Here A may nothave intended to cause death, and may even be sorry that death has beencaused by his act, yet, if he knew that he was likely to cause death, he hascaused death voluntarily.38. (1) Except in the Chapter and sections mentioned in subsections (2)and (3), the word ” offence ” denotes a thing made punishable by this Code.(2) In Chapter IV, and in the following sections, namely, sections 67,100, 101, 101A, 102, 103, 105, 107, 108, 109, 110, 111, 112, 113, 113A113B, 184, 191, 192, 200, 208, 210, 211, 216, 217, 218, 219, 220, 318, 319,320, 321, 322, 338, 339, 377, 378, and 431, the word ” offence ” denotes athing punishable in Sri Lanka under this Code, or under any law other thanthis Code.(3) And in sections 138, 174, 175, 198, 199, 209, 213, and 427, the word” offence ” has the same meaning as in subsection (2) when the thingpunishable under any law other than this Code is punishable under such lawwith imprisonment for a term of six months or upwards, whether with orwithout fine.”Spec ial law”. 39. A ” special law” is a law applicable to a particular subject.” Local law “. 40. A “local law” is a law applicable only to a particular part of Sri Lanka.” Illegal ” .” Illegally “. 41. The words “illegal” and “illegally” are applicable to everything whichis an offence, or which is prohibited by law, or which furnishes ground for acivil action.” Legally boundto do ” him to omit.42. A person is said to be “legally bound to do” whatever it is illegal inPENAL CODE [Can. 19293″ Injury ” .” Life ” .” Death ” .” Animal” .” Vessel “.” Year “” Month” Section “.” Oath”Good faith”.Punishments.43. The word “injury ” denotes any harm whatever illegallycaused to any person in body, mind, reputation, or property.44. The word ” life ” denotes the life of a human being,unless the contrary appear from the context.45. The word ” death “denotes the death of a human being,unless the contrary appear from the context.46. The word ” animal” denotes any living creatu re otherthan a human being, unless the contrary appear from thecontext.47. The word ” vessel” denotes anything made for theconveyance by water of human beings or of property.48. Wherever the word ” year” or the word ” month ” isused, it is to be understood that the year or the month is to bereckoned according to the calendar.49. The word ” section ” denotes one of those portions of aChapter of this Code which are distinguished by prefixednumeral figures.50. The word “oath ” includes a solemn affirmationsubstituted by law for an oath, and any declaration required orauthorized by law to be made before a public officer, or to beused for the purpose of pro of, whether in a Court or not.51. Nothing is said to be done or believed in good faithwhich is done or believed without due care and attention.CHAPTER IIIOF PUNISHMENTS52. The punishments to which offender are liable under theprovisions of this Code are—Firstly—Death.Cap. 19] PENAL CODE294Punishment ofdetention in lieu ofdeath for personsunder eighteenyears of age.[§ 2, 50 of 1980.]Punishment ofimpr isonment inlieu of death forpregnant women.Sentences may be(in certain casesof imprisonment)wholly or partlyrigorous orsimple.Sentence offorfeiture ofproperty.Secondly—Imprisonment, which is of two descriptions,namely—(a) rigorous, that is, with hard labour;(b) simple.Thirdly—Whipping.Fourthly—Forfeiture of property.Fifthly—Fine.53. Sentence of death shall not bepronounced on or recorded against any person who, in theopinion of the court, is under the age of eighteen, years ; but, inlieu of that punishment, the court shall sentence such person tobe detained during the President’s pleasure.54. Sentence of death shall not bepronounced on or recorded against any woman who is found inaccordance with the provisions of section 282 of the CodeofCriminal Procedure Act, No. 15 of 1979, to be pregnant at thetime of her conviction; but, in lieu of that punishment, the courtshall sentence her to imprisonment of either description for lifeor for any other term.55. 2In every case in which an offender ispunishable with imprisonment which may be of eitherdescription, it shall be competent for the court which sentencessuch offender to direct in the sentence that such imprisonmentshall be wholly rigorous, or that such imprisonment shall bewholly simple, or that any part of such imprisonment shall berigorous and the rest simple.56. In every case in which a person isconvicted of an offence for which he is liable to forfeiture of allhis property, the offender shall be incapable of acquiring anyproperty, except for the benefit of Government, until he shallhave undergone the punishment awarded, or the punishment towhich it shall have been commuted, or until he shall have beenpardoned. 2 See section 301 of the Code of Criminal Procedure Act, No.15 of 1979 and section 14 (3) of the Primary CourtsProcedure Act.PENAL CODE [Cap. 19295No female orpersonsentenced todeath orimprisonmentfor more thanfive years to bepunished withwhipping.Limit ofpunishment ofoffence whichis made up ofseveraloffences.IllustrationA, being convicted of waging war against the Government, is liable . totorefeiture of all his property. After sentence, and while the same isin force A’s father dies, leaving an estate which, but for the foreiture,would become the property of A. The estate becomes the property ofthe Government.57. No female shall in any case be punished with whipping. Nor shallany person who may be sentenced to death or to imprisonmpnt for morethan five years be punished with whipping.67. *t Where anything which is an offence is made up of parts,any of which parts is itself an offence, the offender shall not be punishedwith the punishment of more than one of such his offences, unless it be soexpressly provided.Where anything is an offence failling within two or more separatedefinitions of any law in force for the time being by which offences aredefined or punished ;orWhere several acts of which one, or more than one, would by itself .orthemselves constitute an offence, constitute when combined a differentoffence;the offender shall not be punished with a more severe punishment than thecourt which tries him could award for any one of such offences.Illustrations(a) A gives Z fifty strokes with a stick. Here A mayhave committed the offence of voluntarily causing hurt to Zby the whole beating, and also by each of the blows whichmake up the whole beating. If A were liable to punishment forevery blow, he might be imprisoned for fifty years, one foreach blow. But he is liable only to one punishment for thewhole beating,(b) But if, while A is beating Z, Y interferes, . and Aintentionally strikes Y; here, as the .blow . given to Y is nopart of the act whereby A voluntarily causes hurt to Z, A isliable to one punishment for voluntarily causing hurt to Z andto another for the blow given to Y.*Section 58 repealed by section 3 of Ordinance No. 50 of . 1939.Sections 59 to 66 repealed by section 2 of Ordinance No 20 of 1938.t See section 301 of the Code of Criminal Procedure Act, No. 15 of1979 and section 14(3) of the Primary Courts Procedure Act.Cap. 19 ] PENAL CODE,296Punishment of aperson foundguilty of one ofseveral offenceswhere it isdoubtful of whichof the offences heis guilty.Punishment ofpersonsconvicted ,after aprevious conviction of anoffence punishable with threeyears’ imprisonment.Act done by aperson bound, orby mistake of factbelieving himselfbound by law to doit.Act of Judgewhen actingjudicially.67A. In all cases in which judgment is given that a person is guilty ofone of several offences specified in the judgment, but that it is doubtful ofwhich of these offences he is guilty, the offender shall be punished for theoffence for which the lowest punishment is provided, if the samepunishment is not provided for all.68. Whoever, having been convicted of an offence punishable underChapter XII or Chapter XVII of this Code with imprisonment of eitherdescription for a term of three years or upwards, shall be guilty of anyoffence punishable under either of those Chapters with imprisonment ofeither description for a term of three years or upwards, shall be liable forevery such subsequent offence to double the amount of punishment towhich he would otherwise have been liable for the same:Provided that he shall not in any case be liable to imprisonment for aterm exceeding twenty years or to a whipping which shall exceedtwenty-four lashes or twenty-four strokes.CHAPTER IVGENERAL EXCEPTIONS69. Nothing is an offence which is done by a person who is, or whoby reason of a mistake of fact and not by reason of mistake of law in goodfaith believes himself to be, bound by law to do it.Illustrations(a) A, a soldier fires on a mob by the order of hissuperior officer in conformity with the commands of the law. A hascommitted no offence.(b) A, an officer of a Court, being ordered bythat court to arrest Y, and, after due inquiry, believing Z to be Y, arrests Z.A has committed no offence.70. Nothing is an offence which is done by a Judge when actingjudicially in the exercise of any power which is, or which in good faith hebelieves to be given to him by law.PENAL CODE [Cap. 19297Act done pursuantto the judgment ororder of a Court.Act done by a personjustified or bymistake of factbelieving himselfjustified by law.Accident in thedoing of a law- fullact.Act likely to causeharm but donewithout a criminalintent, and toprevent other harm.71. Nothing which is done in pursuance of, or which iswarranted by the judgement or order of a Court, if done whilstsuch judgement or order remains in force, is an offence,notwithstanding the court may have had no jurisdiction to passsuch judgement or order, provided the person doing the act ingood faith believes that the court had such jurisdiction.72. Nothing is an offence which is done by any person whois justified by law, or who by reason of a mistake of fact and notby reason of a mistake of law in good faith believes himesif to bejustified by law in doing it.A sees Z commit what appears to A to be a murder. A in theIllustrationexercise, to the best of his judgment exerted in good taithof the power which the law gives to all persons ofapprehending murderers in the act, seizes Z, in order tobring Z “before the proper authorities. A has committedno offence, though it may turn out that Z was acting inself defence.73. Nothing is an offence which is done by accident ormisfortune, and without any criminal intention or knowledge inthe doing of a lawful act in a lawful manner, by lawful meansand with proper care and caution.A is at work with a hatchet; the head flies off and kills aIllustrationman who is standing by. Here, if there was no want ofproper caution on the part of A, his act is excusable andnot an offence.74. Nothing is an offence merely by reason of its being donewith the knowledge that it is likely to cause harm if it be donewithout any criminal intention to cause harm and in good faithfor the purpose of preventing or avoiding other harm to personor property.Explanation.—It is a question of fact in such a casewhether the harm to be prevented or avoided was ofsuch a nature and so imminent as to justify or excuse therisk of doing the act with the knowledge that it was likelyto cause harm.Illustrations(a) A, the captain of a steam vessel, suddenly and withoutany fault or negligence on his part, finds himself in aucha position that, before he can stop his vessel, he mustinevitably run down a boat, B, with twenty or thirtypassengers on board, unless he changes theCap. 19] PENAL CODE298Act of a childunder eight yearsofage.[§ 4,50 of1939.]Act of a childabove eight andunder twelveyears ofage whohas not sufficientmaturity ofunderstanding.(§ 4,50of 1939.) Actof a person ofunsound mind.Act of a personincapable ofjudgment byreason ofintoxicationcaused againsthis will.Offencerequiring aparticular intentor knowledgecommitted byone who isintoxicated.course of his vessel, and that, by changing his course, he mustincur risk of running down a boat, C, with only two passengers onboard, which he may possibly clear. Here, if a alters his coursewithout any intention to run down the boat C, and in good faithfor the purpose of avoiding the danger to the passengers in theboat B, he is not guilty of an offence, though he may run down theboat C by doing an act which he knew was likely to cause thateffect, if it be found as a matter of fact that the danger which heintended to avoid was such as to excuse him in incurring the riskof running down the boat C.(b) A in a great fire pulls down houses in orderto prevent the conflagration from spreading, He does this with theintention, in good faith, of saving human life or property. Here ifit be found that the harm to be prevented was of such a nature andso imminent as to excuse A’s act, A is not guilty of the offence.75. Nothing is an offence which is done bya child under eight years of age.76. Nothing is an offence which is done bya child above eight years of age and under twelve, who has notattained sufficient maturity of understanding to judge of thenature and consequence of his conduct on that occasion.77. Nothing is an offence which is done bya person who, at the time of doing it, by reason of unsoundnessof mind, is incapable of knowing the nature of the act, or thathe is doing what is either wrong or contrary to law.78. Nothing is an offence which is done bya person who, at the time of doing it, is, by reason ofintoxication incapable of knowing the nature of the act, or thathe is doing what is either wrong or contrary to law:Provided that the thing which intoxicated him wasadministered to him without his knowledge or against his will.79. In cases where an act done is not anoffence unless done with a particular knowledge or intent, aperson who does the act in a state of intoxication shall be liableto be dealt with as if he had the same knowledge as he wouldhave had if he had not been intoxicated, unless the thing whichintoxicated him was administered to him without hisknowledge or against his will.PENAL CODE [Cap. 19299Act not intendedand not known to belikely to cause deathor grievous hurtdone by consent.Act not intended tocause death done byconsent in goodfaith for the benefitof a person.Act done ingood faith for iebenefit of a child orperson of unsoundmind, by or byconsent of guardian.80. Nothing, which is not intended to cause death orgrievous hurt, and which is not known by the doer to be likelyto cause death or grievous hurt is an offence by reason of anyharm which it may cause, or be intended by the doer to cause toany person above eighteen years of age, who has given consent,whether express or implied, to suffer that harm ; or by reasonof any harm which it may be known by the doer to be likely tocause to any such person who has consented to take the risk ofthat harm.IllustrationA and Z agree to fence with each other for amusement. Thisagreement implies the consent of each to suffer any harm which,in the course of such fencing, may be caused without foul play;and if A, while playing fairly hurts Z, A commits no offence.81. Nothing, which is not intended to cause death, is anoffence by reason of any harm which it may cause, or beintended by the doer to cause, or be known by the doer to belikely to cause, to any person for whose benefit it is done ingood faith, and who has given a consent, whether express orimplied, to suffer that harm, or to take the risk, of that harm.A, a surgeon, knowing that a particular operation is likelyIllustration to causethe death of Z, who suffers under a painful complaint, but notintending to cause Z’s death, and intending, in good faith, Z’sbenefit, performs that operation on Z with Z’s consent. A hascommitted no offence.82. Nothing, which is done in good faith for the benefit of aperson under twelve years of age, or of unsound mind, by or byconsent, either express or implied, of the guardian or otherperson having lawful charge of that person, is an offence byreason of any harm which it may cause, or be intended by thedoer to cause, or be known by the,doer to be likely to cause, tothat person:Provided—Firstly—That this exception shall not extend to theintentional causing of death, or to the attempting to causedeath;Cap. 19] PENAL CODE300Consent known tobe given undertear ormisconception.Consent of achild or personof unsoundmind.Acts which areoffences independently of harmcaused to theperson, consenting are notwithin theexceptions insections 80, 81,and 82.Secondly—That this exception shall not extend to the doing ofanything which the person doing it knows to be likely to causedeath, for any purpose other than the preventing of death orgrievous hurt or the curing of any grievous disease or infirmity ;Thirdly—That this exception shall not extend to the voluntarycausing of grievous hurt, or to the attempting to cause grievoushurt, unless it be for the purpose of preventing death or grievoushurt or the curing of any grievous disease or infirmity ;Fourthly—That this exception shall not extend to theabetment of any offence, to the committing of which offence itwould not extend.A, in good faith, for his child’s benefit, without his child’s consent hasIllustrationhis child cut for the stone by a surgeon knowing it to be likely thatthe operation will cause the child’s death, but not intending to causethe child’s death. A is within the exception, inasmuch as his objectwas the cure of the child.83. A consent is not such a consent as isintended by any section of this Code, if the consent is given by aperson under fear of injury, or under a misconception of fact,and if the person doing the act knows, or has reason to believe,that the consent was given in consequence of such fear ormisconception; orIf the consent is given by a person, who, from unsoundness ofmind or intoxication, is unable to understand the nature andconsequence of that to which he gives his consent; or unless thecontrary appear from the context, if the consent is given by aperson who is under twelve years of age.84. The exceptions in sections 80, 81 and 82do not extend to acts which are offences independently of anyharm which they may cause, or be intended to cause, or beknown to be likely to cause, to the person giving the consent, oron whose behalf the consent is given.Causing miscarriage (unless caused in good faithIllustrationfor the purpose of saving the life of the woman) is an offenceindependently of any harm which it may cause or be intended tocause to the woman. Therefore it is not an offence ” by reason ofsuch harm “, and the consent of the woman or of her guardian to thecausing of such miscarriage does not justify the act.PENALCODE [Cap. 1930185. Nothing is an offence by reason of any harm Act d5n?. ^good faith torwhich it may cause to a person for whose benefit it the benefit of ais done in good faith even without that person’sconsent, if the circumstances are such that it isimpossible for that person to signify consent, or ifthat person is incapable of giving consent, and has noguardian or other person in lawful charge of him fromwhom it is possible to obtain consent in time for thething to be done with benefit:Provided—Firstly—That this exception shall not extent to the intentional causingof death or the attempting to cause death ;Secondly—That this exception shall not extend to the doing ofanything which the person doing it knows to be likely to cause death forany purpose other than the preventing of death or grievous hurt or thecuringaf any grievous disease or infirmity ;Thirdly—That this exception shall not extend to the voluntarycausing of hurt, or to the attempting to cause hurt, for any purpose otherthan the preventing of death or hurt;Fourthly—That this exception shall not extend to the abetment of anyoffence, to the committing of which offence it would not extend.Illustrations(a) Z is thrown from his horse, and is insensible A a surgeon,finds that Z requires to be trepanned. A, not intending Z’s death,but in good faith, for Z’s benefit performs the trepan before Zrecovers his power of judging for himself. A has committed nooffence.(b) Z is attacked by a bear. A fires at the bear knowing it to belikely that the shot may kill Z, but not intending to kill Z, and ingood faith intending Z’s benefit. A’s ball gives Z a mortal wound.A has committed no offence.(c) A a surgeon, sees a child suffer an accident which is likely toprove fatal unless an operation be immediately performed. Thereis not time to apply to the child’s guardian. A performs theoperation in spite of the entreaties of the child, intending, in goodfaith, the child’s benefit. A has committed no offence.(d) A is in a house which is on fire, with Z, a child. People belowhold out a blanket. A drops the child from the housetop, knowingit to be likely that the fall may kill the child, but not intending tokill the child, and intending, in good faith, the child’s benefit.Here, even it the child is killed by the fall, A has committed nooffence.Cap. 19] PENAL CODE302Communication made ingood faith.Act to which aperson is compelled bythreats.Act causingslight harm.Nothing done inprivate defenceis an offenece.Explanation.—Mere pecuniary benefit is not benefit within themeaning of sections 81, 82, and 85.86. No communication made in good faith is an offence byreason of any harm to the person to whom it is made, if it ismade for the benefit of that person.IllustrationA, a surgeon, in good faith communicates to a patient his opinionthat he cannot live. The patient dies in consequence of the shock. A hascommitted no offence, though he knew it to be likely that thecommunication might cause the patient’s death.87. Except murder and offences against the Statepunishable with death, nothing is an offence which is done bya person who is compelled to do it by threats, which at the timeof doing it, reasonably cause the apprehension that instantdeath to that person will otherwise be the consequence ;provided the person doing the act did not of his own accord, orfrom a reasonable apprehension of harm to himself short ofinstant death, place himself in the situation by which hebecame subject to such constraint.Explanation 1.—A person who, of his own accord, or by reason of athreat of being beaten, joins a gang of housebreakers, knowing theircharacter, is not entitled to the benefit of this exception, on the ground ofbis having been compelled by his associates to do anything that is anoffence by law.Explanation 2.—A person seized by a gang of housebreakers, andforced by threat of instant death to do a thing which is an offence bylaw,—for example, a smith compelled to take his tools and to force thedoor of a house for the housebreakers to enter and plunder it,— isentitled to the benefit of this exception.88. Nothing is an offence by reason that it causes, or thatit is intended to cause, or that it is known to be likely to cause,any harm, if that harm is so slight that no person of ordinarysense and temper would complain of such harm.OF THE RIGHT OF PRIVATE DEFENCE89. Nothing is an offence which is done in the exercise ofthe right of private defence.PENAL CODE [Cap. 19303Right of privatedefence of thebody and ofproperty.Right of privatedefence againstthe act of a personof unsound mind,&c.Acts againstwhich there isno right ofprivatedefence.90. Every person has a right, subject to the restrictionscontained in section 92, to defend—Firstly—His own body, and the body of any other person,against any offence affecting the human body ;Secondly—The property, whether movable or immovable,of himself or of any other person, against any act which is anoffence falling under the definition of theft, robbery, mischiefor criminal trespass, or which is an attempt to commit theft,robbery, mischief or criminal trespass.91. When an act, which would otherwise be a certainoffence, is not that offence by reason of the youth, the want ofmaturity of understanding, the unsoundness of mind, or theintoxication of the person doing that act or by reason of anymisconception on the part of that person, every person has thesame right of private defence against that act which he wouldhave if the act were that offence.Illustrations(a) Z, under the influence of madness, attempts to ^ kill A ; Z . isguilty of no offence. But A has the same right of private defencewhich he would have if Z were sane.(b) A enters by night a house which he is legally entitled to enter.Z, in good faith, taking A for a housebreaker, attacks A. Here Z,by attacking A under this misconception, commits no offence,but A has the same right of private defence against Z which hewould have it Z were not acting under that misconception.92. (1) There is no right of private defence againstan act which does not reasonably cause the apprehension ofdeath or of grievous hurt, if done, or attempted to be done, bya public officer acting in good faith under colour of his office,though that act may not be strictly justifiable by law.(2) There is no right of private defence against an act whichdoes not reasonably cause the apprehension of death or ofgrievous hurt, if done, or attempted to be done, by thedirection of a public officer acting in good faith under colourof his office, though that direction may not be strictlyjustifiable by law.Cap. 19] PENAL CODE304(3) There is no right of private defence in cases in whichthere is time to have recourse to the protection of the publicauthorities.Extent to , (4) The right of private defence in no case extendswaych*e right to the inflicting of more harm than it is necessary to exercised.inflict for the purpose of defence.Explanation 1.—A person is not deprived of the right of privatedefence against an act done, or attempted to be done by apublic officer, as such, unless he Knows or has reason tobelieve, that the person doing the act is such public officer.Explanatioon 2.—A person is not deprived of the right ofprivate defence against an act done, or attempted to be done,by the direction of a public officer, unless he knows, or hasreason to believe, that the person doing the act is acting bysuch direction ; or unless such person states the authorityunder which he acts, or, if he has authority in writing, unlesshe produces such authority, if demanded.When the right 93. The right of private defence of the body extends, defenvete of theunder the restrictions mentioned in the last preceding body extends section, tothe voluntary causing of death or of anytdoe actha.using other harm to the assailant, if the offence whichoccasions the exercise of the right be of any of the descriptionshereinafter enumerated, namely—Firstly—Such an assault as may reasonably cause theapprehension that death will otherwise be the consequence ofsuch assault;Secondly—Such an assault as may reasonably cause theapprehension that grievous hurt will otherwise be theconsequence of such assault;Thirdly—An assault with the intention of committing rape;Fourthly—An assault with the intention of gratifyingunnatural lust;Fifthly—An assault with the intention of kidnapping orabducting;Sixthly—An assault with the intention of wrongfully confininga person, under circumstances which may reasonably cause himto apprehend that he will be unable to have recourse to thepublic authorities for his release.PENAL CODE [Cap.19305When such rightextends tocausing any harmother than death.Commencementand continuanceof the right ofprivate defence ofthe body.When the rightof privatedefence of propertyextends to causingdeath.When such rightextends to causingany harm otherthan death.94. If the offence be not of any of the descriptionsenumerated in the last preceding section, the right of privatedefence of the body does not extend to the voluntary causingof death to the assailant, but does extend, under therestrictions mentioned in section 92, to the voluntary causingto the assailant of any harm other than death.95. The right of private defence of the body commences assoon as a reasonable apprehension of danger to the bodyarises from an attempt or threat to commit the offence, thoughthe offence may not have been committed; and it continues aslong as such apprehension of danger to the body continues.96. The right of private defence of property extends,under the restrictions mentioned in section 92, to thevoluntary causing of death or of any other harm to thewrong-doer, if the offence, the committing of which, or theattempting to commit which, occasions the exercise of theright, be an offence of any of the descriptions hereinafterenumerated, namely—Firstly—Robbery;Secondly—House-breaking by night;Thirdly—Mischief by fire, or explosives committed on anybuilding, tent, or vessel, which building, tent, or vessel isused as a human dwelling, or as a place for the custody ofproperty ;Fourthly—Theft, mischief, or house-trespass under suchcircumstances as may reasonably cause apprehension that deathor grievous hurt will be the consequence if such right of privatedefence is not exercised.97. If the offence the committing of which, or theattempting to commit which, occasions the exercise of the rightof private defence, be theft, mischief, or criminal trespass not ofany of the descriptions enumerated in the last preceding section,that right does not extent to the voluntary causing of death, butCap. 18] PENAL CODE306Commencementand continuance ofthe right of privatedefence of property.does extend, subject to the restrictions mentioned in section 92,to the voluntary causing to the wrong-doer of any harm otherthan death.98. Firstly—The right of private defenceof property commences when a reasonable apprehension ofdanger to the property commences.Seconldy—The right of private defence of property againsttheft continues till the offender has effected his retreat with theproperty or the assistance of the public authorities is obtained,or the property has been recovered.Thirdly—The right of private defence of property againstrobbery continues as long as the offender causes or attempts tocause to any person death or hurt or wrongful restraint; or aslong as the fear of instant death or of instant hurt or of instantpersonal restraint continues.Fourthly—The right of private defence of property againstcriminal trespass or mischief continues as long as the offendercontinues in the commission of criminal trespass or mischief.Fifthly—The right of private defence of property againsthouse-breaking by night continues as long as the house-trespasswhich has begun by such housebreaking continues.Right of private 99. If in the exercise of the right of private defence deadere aS?against an assault which reasonably causes the appre- when fthere is hension ofdeath, the defender be so situated that he an irmocxa^ to cannot effectuallyexercise that right without risk of person. harm to an innocent person, his right ofprivatedefence extends to the running of that risk.IllustrationA is attacked by a mob who attempt to murder him. He cannoteffectually exercise his right of private defence without firing on themob, and he cannot fire without risk of harming young children whoare mingled with the mob. A commits no offence, if by so firing, heharms any of the children.PENAL CODE [Cap. 19307Abetment ofthe doing of athing.Abettor.CHAPTER VOF ABETMENT100. A person abets the doing of a thing whoFirstly— Instigates any person to do that thing; orSecondly—Engages in any conspiracy for the doing of that thing; orThirdly—Intentionally aids, by any act or illegal omission,the doing of that thing.Explanation 1. —A person who, by wilful misrepresentation or bywilful concealment of a material fact which he is bound todisclose, voluntarily causes or procures, or attempts tocause or procure, a thing to be done, is said to instigate thedoing of that thing.IllustrationA, a public officer, is authorized by a warrant from a Court totapprehend Z. B knowing that fact and also that C is not Z,wilfully represents to A that C is Z, and therebyintentionally causes A to apprehend C. Here B abets byinstigation the apprehension of C.Explanation 2. —A conspiracy for the doing of a thing is when twoor more persons agree to do that thing or cause or procurethat thing to be done. A person within the jurisdiction of thecourt abets an offence by engaging with one or more otherpersons beyond the jurisdiction of the court in a conspiracyfor the commission of an offence by them, or either of them,or by any other person.Explanation 3.—Whoever either prior to or at the time of thecommission of an act, does anything in order to facilitatethe commission of that act, and thereby facilitates thecommission thereof, is said to aid the doing of that act.101. A person abets an offence who abets either thecommission of an offence or the commission of an act whichwould be an offence if committed by a person capable by law ofcommitting an offence with the same intention or knowledge asthat of the abettor.Explanation1. —The abetment of the illegal omission of an act mayamount to an offence although the abettor may not himselfbe bound to do that act.Explanation 2.—To constitute the offence of abetment, it is notnecessary that the act abetted should be committed, or thatthe effect requisite to constitute the offence should becaused,Cap 19] PENAL CODE308Ilustrations(a) A instigates B to murder C. B refuses to do so. Ais guilty of abetting B to commit murder.(b) A instigates B to murder D. B, in pursuance of theinstigation, stabs D. D recovers from the wound. A is guiltyof instigating B to commit murder. Explanation 3.—It is notnecessary that the person abetted should be capable by law ofcommitting an offence, or that he should have the same guiltyintention or knowledge as that of the abettor, or any guilty intentionor knowledge.Illustrations(a) A, with a guilty intention, abets a child or a personof unsound mind to commit an act which would be an offenceif committed by a person capable by law of committing anoffence, and having the same intention as A. Here A, whetherthe act be committed or not, is guilty of abetting an offence.(b) A, with the intention of murdering Z, instigates B, achild under eight years of age, to do an act which causes Z’sdeath. B, in consequence of the abetment does the act, andthereby causes Z’s death. Here, though B was not capable bylaw of committing an offence A is liable to be punished in thesame manner as if B had been capable by law of committingan offence and had committed murder and he is thereforesubject to the punishment of death.(c) A instigates B to set fire to a dwelling house. B, inconsequence of the unsoundness of his mind, being incapableof knowing the nature of the act, or that he is doing what iswrong or contrary to law, sets fire to the house inconsequence of A’s instigation. B has committed no offence,but A is guilty of abetting the offence of setting fire to adwelling house, and is liable to the punishment provided forthat offence.(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession.A induces B to believe that the property belongs to A. B takes theproperty out of Z’s possession, in good faith believing it to be A’sproperty. B, acting under this misconception, does not takedishonestly, and therefore does not commit theft. But A is guilty ofabetting theft, and is liable to the same punishment as if B hadcommitted theft. Explnation 4.—The abetment of an offence baing anoffence, the abetment of such an abetment is also an offence.A instigates B to instigate C to murder Z. B accordingly instigates CIllustrationto murder Z and C commits that offence in consequence ofB’s instigation. B is liable to be punished for his offence withthe punishment for murder; and as A instigated B to committhe offence A is also liable to the same punishment.Explanation 5.—It is not necessary to the commission of the offenceof abetment, by conspiracy that the abettor should concert theoffence with the person who commits it. It is sufficient if heengaged in the conspiracy in pursuance of which the offenceis committed.PENAL CODE [Cap. 19309Abetment in§ri Lanka ofoffencesouttside it.Punishment ofabetment if theact abetted iscommitted inconsequence, andwhere no expressprovision is madefor itspunishment.Punishmentofabetment, ifthe personabetted does theact with adifferent intention from that ofthe abettor.A concerts with B a plan for poisoning Z. It is agreed that A shallIllustrationadminister the poison. B then explains the plan to C, mentioningthat a third person is to administer the poison, but withoutmentioning A’s name. C agrees to procure the poison, and procuresand delivers it to B for the purpose of its being used in the mannerexplained. A administers the poison ; Z dies in consequence. Here,though A and C have not conspired together, yet C has beenengaged in the conspiracy in pursuance of which Z has beenmurdered. C has therefore committed the offence defined in thissection, and is liable to the punishment for murder.I01A. A person abets an offence within the meaning of this Code whoin Sri Lanka abets the commission of any act without and beyond SriLanka which would constitute an offence if committed in Sri Lanka.102. Whoever abets any offence shall, if the act abetted is committedin consequence of the abetment, and no express provision is made by thisCode for the punishment of such abetment, be punished with thepunishment provided for the offence.Explanation.—An act or offence is said to be committed inconsequence of abetment, when it is committed in consequence ofthe instigation, or in pursuance of the conspiracy, or with the aidwhich constitutes the abetment.Illustrations(a) A offer a bribe to B, a public officer, as a rewardfor showing A some favour in the exercise of B’s officialfunctions. B accepts the bribe. A has abetted the offencedefined in section 158.(b) A instigates B to give false evidence. B in consequence of the instigation commits that offence. A is guilty ofabetting that offence, and is liable to the same punishment as B.(c)A and B conspire to poison Z. A, in pursuance of theconspiracy, procures the poison and delivers it to B, in orderthat he may administer it to Z. B, in pursuance of theconspiracy, administers the poison to Z in A’s absence andthereby causes Z’s death. Here B is guilty ofmurder. A is guiltyof abetting that offence by conspiracy, and is liable to thepunishment for murder:103. Whoever abets the commission of an offence shall, if the personabetted does the act with a different intention or knowledge from that of theabettor, be punished with the punishment provided for the offence whichwould have been committed if the act had been done with the intention orknowledge of the abettor and with no other.Cap. 19] PENAL CODE310Liability ofabettor whenone act isabetted and adifferent act isdone.Abettor whenliable to cumulative punishment for actabetted and foract done.104. When an act is abetted and a different actis done, the abettor is liable for the act done, in the same manner and tothe same extent as if be had directly abetted it:Provided the act done was a probable consequence of the abetment,and was committed under the influence of the instigation, or with the aidor in pursuance of the conspiracy which constituted the abetment.Illustrations(a) A instigates a child to put poison into thefood ofZ, and gives him poison for that purpose. The child, inconsequence of the instigation by. mistake puts the poisoninto the food of Y, which is by the side of that of Z. Here, if.the child was acting under the influence of A’s instigation,and the act done was under circumstances a probableconsequence of the abetment, A is liable in the same manner,and to the same extent, as if he had instigated the child to putthe poison into the food of Y7(b) A instigates B to burn Z’s house. B sets fireto thehouse and at the same time commits theft of property there. Athough guilty of abetting the burning of the house, is notguilty of abetting the theft; for the theft was a distinct act, andnot a probable consequence of the burning.(c) A instigates B and C to break into aninhabitedhouse at midnight for the purpose of robbery, androvides them with arms for that purpose. B and break into thehouse, and being resisted by Z, one of the inmates, murder Z.Here, if the murder was the probable consequence of theabetment, A is liable to the punishment provided for murder.105 If the act for which the abettor is liable under the last precedingsection is committed in addition to the act abetted, and constitutes adistinct offence, the abettor is liable to punishment for each of theoffences.IllustrationA instigates B to resist by force a distress madeby a public officer. B, . in consequence, resists that distress. Inoffering the resistance, B voluntarily causes grievous hurt to theofficer executing the distress. As B has committed both theoffence of resisting the distress and the offence of voluntarilycausing grievous hurt, B is liable to punishment for both theseoffences ; and if A knew that B was likely voluntarily to causegrievous hurt in resisting the distress. A will also be liable topunishment for each of the offences.6PENAL CODE [Cap. 19311Liability ofabettor for aneffect caused bythe act abetteddifferent fromthat intended bythe abettor.Abettor presentwhen offence iscommitted.Abetment of anoffence puniahable with death,if the offence benot committed inconsequence ofthe abetment.If an act whichcause harm bedone in consequence of theabetment.106. When an act is abetted with the intention on the partof the abettor of causing a particular effect, and an act forwhich the abettor is liable in consequence of the abetmentcauses a different effect from that intended by the abettor, theabettor is liable for the effect caused, in the same manner andto the same extent as if he had abetted the act with theintention of causing that effect, provided he knew that the actabetted was likely to cause that effect.IllustrationA instigates B to cause grievous hurt to Z. B, in consequence ^ ofthe instigation, causes grievous hurt to Z. Z dies in consequence.Here, if A knew that the grievous hurt abetted was likely to causedeath, A is liable to be punished with the punishment providedfor murder.107. Whenever any person who, if absent, would be liableto be punished as an abettor, is present when the act or offencefor which he would be punishable in consequence of theabetment is committed, he shall be deemed to have committedsuch act or offence.IllustrationA writes to B telling him that C is likely to pass along a certain roadwith treasure, and instigates B to lie in wait for and rob C. B onsuch instigation lies in wait for and robs C, A accompanying Calong the journey. A is guilty under this section.108. Whoever abets the commission of an offencepunishable with death shall, if that offence be not committed inconsequence of the abetment, and no express provision is madeby this Code for the punishment of such abetment, be punishedwith imprisonment of either description for a term which mayextent to seven years, and shall also be liable to fine;and if any act for which the abettor is liable in consequenceof the abetment, and which causes hurt to any person, is done,the abettor shall be liable to imprisonment of eitherdescription for a term which may extend to fourteen years, andshall also be liable to fine.Cap. 19] PENAL CODE312Abetment of anoffence punishable with imprisonment if theoffence be notcommitted inconsequence ofthe abetment.If the abettor orthe personabetted be apublic officerwhose duty it isto prevent theoffence.Abetting thecommission ofan offence bythe public, or bymore than tenpersons.A instigates B to murder Z. The offence is notIllstrationcommitted. If B nad murdered Z he would have been subject tothe punishment of death. Therefore A is liable to imprisonmentfor a term which may extend to seven years and also to a fine ;and if any hurt be done to Z in consequence of the abetment, hewill be liable to imprisonment for a term which may extent tofourteen years, and to fine.109. Whoever abets an offence punishable with imprisonment shall,if that offence be not committed in consequence of the abetment, and noexpress provision is made by this Code for the punishment of suchabetment, be punished with imprisonment of any description providedfor that offence for a term which may extend to one-fourth part of thelongest term provided for that offence or with such fine as is provided forthat offence, or with both ;and if the abettor or the person abetted is a public officer, whose dutyit is to prevent the commission of such offence, the abettor shall bepunished with imprisonment of any description provided for thatoffence, for a term which may extend to one-half of the longest termprovided for that offence, or with such fine as is provided for the offence,or with both.Illuitrations(a) A offers of bribe to B, a public officer as arewardfor showing A some favour in the exercise of B’s officialfunctions. B refuses to accept the bribe. A is punishableunder this section.(b) A instigate B to give false evidence. Here, if Bdoesnot give false evidence. A has nevertheless committed theoffence defined in this section, and in punishableaccordingly.(c) A, a police officer, whose duty it is to preventrobbery, abets, the commission of robbery. Here, though therobbery be not committed. A if liable to one-halt of thelongest term of imprisonment provided for that offence, andalso to fine.(d) B abets the commission of a robbery by A, apoliceofficer, whose duty it is prevent that offence. Here thoughthe robbery be not committed, B is liable to one-half of thelongest term of imprisonment provided for the offence ofrobbery and also to fine.110. Whoever abets the commission of an offence by the publicgenerally, or by any number or class of persons exceeding ten, shall bepunished with imprisonment of either description for a term which mayextend to three years, or with fine, or both.PENAL CODE [Cap. 19313A fixes in a public place aIllustrationplacard, instigating a sect consisting ofmore than ten members to meet at a certain time and place for thepurpose of attacking the members of an adverse sect whileengaged in a procession. A has committed the offence defined inthis section.111. Whoever, intending to facilitate or knowing it to be likely that hewill thereby facilitate the commission of an offence punishable with deathor imprisonment for twenty years voluntarily conceals, by any act orillegal ommission, the existence of a design to commit such offence, ormakes any representation which he knows to be false respecting suchdesign, shall, if that offence be committed, be punished with imprisonmentof either description for a term which may extend to seven years, or if theoffence be not committed, with imprisonment of either description for aterm which may extend to three years; and in either case shall also be liableto fine.Concealing adesign to commitan offencepunishable withdeath orimprisonment fortwenty years.If the offence becommittedIf the offence benot committed.IllustrationA, knowing that murder is about to be committed at B, falselyinforms the Magistrate that a murder is about to be committed atC, a place in an opposite direction, and thereby misleads theMagistrate with intent to facilitate the commission of the offence.The murder is committed at B in pursuance of the design. A ispunishable under this section.112. Whoever, being a public officer, intending to facilitate orknowing it to be likely that he will thereby facilitate the commission of anoffence, the commission of which it is his duty as such public officer toprevent, voluntarily conceals, by any act or illegal ommis- sion, theexistence of a design to commit such offence, or makes any representationwhich he knows to be false respecting such design, shall if the offence becommitted, be punished with imprisonment of any description providedfor the offence, for a term which may extend to one-half of the longest termof such imprisonment, or with such fine as is provided for that offence, orwith both ; or, it the offence be punishable with death, with imprisonmentof either description for a term which may extend to ten years; or, if theoffence be not committed, shall be punished with imprisonment of anydescription provided for the offenceA,public officerconcealing adesign to commitan offence whichit is his duty toprevent.If the offence becommitted.If the offence bepunishable withdeath.If the offence benot committed.Cap.19] PENAL CODE314Definition ofconspiracy.CHAPTER VAOF CONSPIRACY113A. (l) If two or more persons agree to commit or abet oract together with a common purpose for or in committing orabetting an offence, whether with or without any previousconcert or deliberation, each of them is guilty of the offence ofconspiracy to commit or abet that offence, as the case may be.(2) A person within Sri Lanka can be guilty of conspiracy byagreeing with another person who is beyond Sri Lanka for thecommission or abetment of any offence to be committed bythem or either of them, or by any other person, either within orbeyond Sri Lanka, and for the purposes of this subsection as toan offence to be committed beyond Sri Lanka ,” offence “means any act which if done within Sri Lanka would be anoffence under this Code or under any other law.Concealing a.design to commitan offencepunishable with irnprisonment.If the offence becommitted.If not committed.for a term which may extend to one-fourth part of the longestterm of such imprisonment, or with such fine as is provided forthe offence, or with both.IllustrationA,an officer of police, being legally bound to give information of alldesigns to commit murder which may come to his knowledge, andknowing that B designs to commit murder, omits to give suchinformation, with intent to facilitate the commission of thatoffence. Here A has by an illegal omission concealed theexistence of B’s design, and is liable to punishment according tothe provision of this section.1131 Whoever, intending to facilitate or knowing it to belikely that he will thereby facilitate the commission of an offencepunishable with imprisonment voluntarily conceals, by any actor illegal ommission, the existence of a design to commit suchoffence, or makes any representation which he knows to be falserespecting such design, shall, if the offence be committed, bepunished with imprisonment of the description provided for theoffence, for a term which may extend to one-fourth, and, if theoffence be not committed, to one-eighth of the longest term ofsuch imprisonment, or with such fine as is provided for theoffence, or with both.PENAL CODE [Cap. 19315Punishmentforconspiracy.Waging orattempting towage war, orabetting thewaging of waragainst the State.Conspiracy tocommit offencepunishable bypreceding section.Collecting arms&c. with theintetion of wagingwar against theState.Concealing withintent to facilitate adesign to wage war.Explanation- This section shall not exceed to the case inwhich the conspiracy is between a husband and his wife.113B. If two or more persons are guilty of the offence ofconspiracy for the commission or abetment of any offence, eachof them shall be punished in the same manner as if he hadabetted such offence.CHAPTER VIOF OFFENCES AGAINST THE STATE114 . Whoever wages war against the State, or attempts towage such war,or abets the waging of such war, shall bepunished with death, or imprisonment of either descriptionwhich may be extended to twenty years, and shall forfeit allhis property.A joins an insurrection against the State A has comIllustration mittedthe offence defined in this section.115. Whoever conspires to commit any of the offencespunishable by the next preceding section, or conspires tooverawe, by means of criminal force or the show of criminalforce, the State, shall be punished with imprisonment of eitherdescription which may extend to twenty years, and shall also beliable to fine.Explanation— To constitute a conspiracy under thissection it is not necessary that any act or illegal omissionshall take place in pursuance thereof.116. Whoever collects men, arms, or ammunition, orotherwise prepares to wage war with the intention of eitherwagine or being prepared to wage war against the State, shall bepunished with imprisonment of either description for a term notexceeding twenty years, and shall forfeit all his property.117. Whoever by any act, or by any illegal omission,conceals the existence of a design to wage war against the Stateintending by such concealmentCap. 19] PENAL CODE316AssaultingPresident &c.,with intent tocompel orrestrain theexercise of anylawful power.Exciting orattempting toexcitedisaffection.to facilitate, or knowing it to be likely that such concealmentwill facilitate, the waging of such war, shall be punished withimprisonment of either description for a term which mayextent to ten years, and shall also, be liable to fine.Aotntmnaiii’ous 118. Whoever, by means of any contumacious, insulting oronnsuhingns disparaging words, whether spoken or intended to be read, ortwoobrdrisn go rt hseigns by signs or visible representations, shall attempt to bring theState in to State into contempt, shall be punishable with simple imprisonco ntemntment for a period which may extend to two years, and shallalso be liable to fine.119. Whoever, with the intention of inducing or compellingthe President, or a Member of Parliament, to exercise orrefrain from exercising in any manner any of the lawful powersof such President, or Member of Parliament, assaults orwrongfully restrains, or attempts wrongfully to restrain, oroverawes, by means of criminal force or the show of criminalforce, or attempts so to overawe such President, or Member ofParliament, shall be punished with imprisonment of eitherdescription for a term which may extend to seven years, andshall also be liable to fine.120. Whoever by words, either spoken or intended to beread, or by signs, or by visible representations, or otherwise,excites or attempts to excite feelings of disaffection to the State,or excites or attempts to excite hatred to or contempt of theadministration of justice, or excites or attempts to excite thePeople of Sri Lanka to procure, otherwise than by lawfulmeans, the alteration of any matter by law established, orattempts to raise discontent or disaffection amongst the Peopleof Sri Lanka, or to promote feelings of ill-will and hostilitybetween different classes of such People, shall be punished withsimple imprisonment for a term which may extend to twoyears.Explanation-It is not an offence under this section by intending toshow that the State have been misled or mistaken in measures,or to point out errors or defects in the Government or any partof it, or in the administration of justice,PENAL CODE [Cap. 19317with a view to the . reformation of such alleged error ordefects, or to excite the People of Sri Lanka to attemptto procure by lawful. means, the alteration of anymatter by law established, or to’ point out in order totheir removal matters which are producing or .havetendency to produce feelings of hatred or ill-willbetween different classes of the People of Sri Lanka.121*. Whoever wages war against the Government of anypower in alliance, or at peace with the Queen, or attempts to,wage such war, or abets the waging of such war, shall be punishedwith imprisonment of either description for a term which mayextend to ten years, to which fine may be added, or with fine.122*. Whoever commits depredation, or makes preparationsto commit depredation, on the territories of any power in allianceor at peace with the Queen, shall be punished with imprisonmentof either description for a term which may extend to seven years,and shall also be liable to fine and to forfeiture of any propertyused, or intended to be used, in committing such depredation, oracquired by such depredation.123*. Whoever receives any property knowing the same tohave been taken in the commission of any of the offencesmentioned in sections 121 and 122 shall be punished withimprisonment of either description for a term which may extendto seven years, and shall also be liable to fine and to forfeiture ofthe property so received.124. Whoever being a public officer, and having the custodyof any State prisoner or prisoner of war, voluntarily allow suchprisoner to escape from any place in which such prisoner isconfined, shall be punished with imprisonment of eitherdescription for a term which may extend to twenty years, andshall also be liable to fine.125. Whoever, being a public officer and having the custodyof any State prisoner or prisoner of war, negligently suffers suchprisoner to escape from any place of confinement in which suchprisoner is confined, shall be punished with simple imprisonmentfor a term whicli may extend to three years, and shall also beliable to fine.Waging waragainsfanypower inalliance or atCommittingdepredationon the territories of anypower inalliance or attpeace withie Queen.Receivingproperty takenby war ordepredationmentioned insections 121 and122Public officervoluntarilyallowingprisoner ofState or war inhis custody toescape.Publicofficernegligentlysufferringprisoner ofState or warin hiscustody toescape.*Redundant after the 1972 Constitution318Cap. 19] PENALCODEAiding escape of,rescuing, orharbouring suchprisoner.126. Whoever knowingly aids or assists any State prisoner orprisoner of war in escaping from lawful custody, or rescues orattempts to rescue any such prisoner, or harbours or conceals anysuch prisoner who has escaped from lawful custody, or offers orattempts to offer any resistance to the re-capture of such prisoner,shall be punished with imprisonment of either description for aterm which may extend to twenty years, and shall also be liable tofine.Explanation- A State prisoner or prisoner of war, who is permitted to be at large onhis parole within certain limits in Sri Lanka, is said to escape from lawfulcustody ifhe goes beyond the limits within which he is allowed to be at large.Authority ofAttorneyGenrequired foreralprosocutionunder thisChapter.127. No prosecution shall be instituted under this Chapterexcept by, or with the written authority of, the Attorney-General.CHAPTER VIIOF OFFENCES RELATING To THE NAVY, ARMY, AND Air FORCEAbetting mutinyor attempting toseduce a sailor,soldier, or airman,from his duty.128. Whoever abets the committing ofmutiny by an officer,sailor, soldier, or airman in the Sri Lanka navy, Sri Lanka army,or Sri Lanka air force or attempts to seduce any such officer,sailor, soldier, or airman from his allegiance or his duty, shall bepunished with imprisonment of either description for a termwhich may extend to twenty years, and shall also be liable to fine.Abetment ofmutiny, if mutinyisoommitted inconsequencethereof.129. Whoever abets the committing of mutiny by an officer,sailor, soldier, or airman in the Sri Lanka navy, Sri Lanka army,or Sri Lanka air force shall, if mutiny be committed inconsequence of that abetment, be punished with death orimprisonment of either description for a term which may extendto twenty years, and shall also be liable to fine.PENAL CODE [Cap. 19319Abetment of anassault by a sailorsoldier.or airmanon his superiorofficer, when in theexecution of hisoffice.Abetment ofsuch assault, ifthe assault iscommitted.of a sailor,soldier orairman.Harbouring adeserter.Deserter concealedon board merchantvessal throughnegligence ofmaster.130. Whoever abets an assault by an officer, sailor, soldier,or airman in the Sri Lanka navy, Sri Lanka army or Sri Lankaair force, on any superior officer being in the execution of hisoffice, shall be punished with imprisonment of either descrip tion for a term which may extend to three years, and shall alsobe liable to fine.131. Whoever abets an assault by an officer, sailor, soldier,or airman in the Sri Lanka navy, Sri Lanka army or Sri Lankaair force, on any superior officer being in the execution of hisoffice, shall, if such assault be committed in consequence of thatabetment, be punished with imprisonment of either descriptionfor a term which may extend to seven years, and shall also beliable to fine.132. Whoever abets the desertion of any officer, sailor,soldier, or airman in the Sri Lanka navy, Sri Lanka army or SriLanka air force shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine, or with both.133. Whoever, except as hereinafter excepted, knowing orhaving reason to believe that an officer, sailor, soldier, orairman in the Sri Lanka navy, Sri Lanka army or Sri Lanka airforce has deserted, harbours such officer, sailor, soldier, orairman shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine, or with both.Exception. -This provision does not extend to the case in which theharbour is given by a wife to her husband.134. The master or person in charge of a merchant vesselon board of which any deserter from the Sri Lanka navy, SriLanka army or Sri Lanka air force is concealed, shall, thoughignorant of such concealment, be liable to a penalty notexceeding five hundred rupees, if he might have known of suchconcealment but for some neglect of his duty as such master orperson in charge, or but for some want of discipline on board ofthe vessel.Cap. 19] PENAL CODE320Abetment of act ofinsubordination by asailor, soldier, orairman.Persons subject toNavy Act, Army ActorAir ForceAct notpunishable foroffences in thisChapter.Wearing the dress of asailor, soldier, orairman.Unlawfulassembly.135. Whoever abets what he knows to be anact of insubordination by an officer, sailor, soldier, or airmanin the Sri Lanka navy, Sri Lanka army or Sri Lanka air forceshall, if such act of insubordination be committed inconsequence of that abetment, be punished with imprisonmentof either description for a term which may extend to sixmonths, or with fine, or with both.136. No person subject to the provisions ofthe Navy Act, the Army Act, or the Air Force Act, or anysimilar law for the time being in force, or to any regulationsmade thereunder, is subject to punishment under this Code forany of the offences defined in this Chapter.137. Whoever, not being a sailor, soldier, orairman in the Sri Lanka navy, Sri Lanka army or Sri Lankaair force wears any grab, or carries any token resembling anygrab or token used by such a sailor, soldier, or airman, withthe intention that it may be believed that he is such a sailor,soldier, or airman, shall be punished with imprisonment ofeither description for a term which may extend to threemonths, or with fine which may extend to one hundred rupees,or with both.CHAPTER VIIIOF OFFENCES AGAINST THE PUBLIC TRANQUILLITY138. An assembly of five or more persons isdesignated an “unlawful assembly” if the common object ofthe persons composing that assemblyFirstly-To overawe by criminal force, or show of criminalforce, the State or Parliament or any public officer in theexercise of the lawful power of such public officer; orSecondly-To resist the execution of any law or of any legalprocess; orThirdly-To commit any mischief or criminal trespass orother offence; orPENAL CODE [Cap. 19321Joining anunlawfulassemblyarmed withany deadlyweapon.Joining orcontinuing inan unlawfulassemblyknowing that ithas beencommanded todisperse.Fourthly—By means of criminal force, or show of criminalforce, to any person, to take or obtain possession of anyproperty, or to deprive any person or the public of theenjoyment of a right of way or of the use of water or otherincorporeal right of which such person or public is in possessionor enjoyment, or to enforce any right or supposed right; orFifthly—By means of criminal force, or show of criminalforce, to compel any person to do what he is not legally bound todo, or to omit to do what he is legally entitled to do ; orSixthly—That the persons assembled, or any of them, maytrain or drill themselves, or be trained or drilled to the use ofarms, or practising military movements or evolutions, withoutthe consent of the President.Explanation—An assembly which was not unlawful when it assembledmay subsequently become an unlawful assembly.139. Whoever, being aware of facts which render Beinga any assembly anunlawful assembly, intentionally joins mmSawfuf that assembly, or continuesin it, is said to be a assembly. member of an unlawful assembly.140. Whoever is a member of an unlawful assembly Punishment. shall bepunished with imprisonment of either description for a term which mayextend to six months, or with fine, or with both.141. Whoever, being armed with any deadly weapon, orwith anything which, used as a weapon of offence, is likely tocause death, is a member of an unlawful assembly, shall bepunished with imprison-. ment of either description for a termwhich may .extend to two years, or with fine, or with both.142. Whoever joins or continues in an unlawful assemblyknowing that such unlawful assembly has been commanded bylawful authority to disperse, shall be punished withimprisonment of either description for a term which may extendto two years, or with fine, or with both.Cap. 19] PENAL CODE322Every memberof unlawfulassembly to bedeemed gudty ofany offencecommitted inprosecution ofcommon object.Hiring orconniving athiring ofpersons tojoin anunlawfulasseembly.Knowinglyjoining, or.continuing in anyassembly of fiveor more personsafter it has beencommanded todisperse.Fo rce used 143. Whenever force or violence is used by an member unlawfulassembly, or by any member thereof, inoPCommon prosecution of the common object of such assembly,object. every member of such assembly is guilty of the offenceof rioting.Punishment 144. Whoever is guilty of rioting shall be punishedfor rioting. with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both.145. Whoever is guilty of rioting, being armed with armed^vith aa deadly weapon, or with anything which, used as adeadly weapon of offence, is likely to cause death, shall beweapon. punished with imprisonment of either description fora term which may extend to three years, or with fine, or withboth.146. If an offence is committed by any member of anunlawful assembly in prosecution of the common object ofthat assembly, or such as the members of that assembly knewto be likely to be committed in prosecution of that object,every person who, at the time of the committing of thatoffence, is a member of the same assembly is guilty of thatoffence.147. Whoever hires, or engages, or employs, or promotes orconnives at the hiring, engagement, or employment of any personto join or become a member of any unlawful assembly, shall bepunishable as a member of such unlawful assembly, and for anyoffence which may be committed by any such person as amember of such unlawful assembly, in pursuance of such hiring,engagement, or employment, in the same manner as if he hadbeen a member of such unlawful assembly, or himself hadcommitted such offence.148. Whoever knowingly joins or continues in anyassembly or five or more persons likely to cause a disturbanceof the public peace, after such assembly has been lawfullycommanded to disperse, shall be punished with imprisonmentof either description for a term which may extend to sixmonths, or with flne, or with both.PENAL CODE [Cap. 19323Assaulting orobstructingpublic officerwhensuppressingriot,&c.Wantonlygivingprovocationwith intent tocause riot,If rioting becommitted.If notcommitted,Owner oroccupier of landon which anunlawfulassembly is held.Liability ofperson forwhole benefit ariot iscommitted.Explanation.—If the assembly is an unlawful assembly within themeaning of section 188, the offender will be punishable undersection 142.149. Whoever assaults or threatens to assault, or obstructsor attempts to obstruct, any public officer in the discharge ofhis duty as such public officer in endeavouring to disperse anunlawful asembly, or to suppress a riot or affray, or uses, orthreatens, or attempts to use crimnial force to such publicofficer, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or withfine, or with both.150. Whoever maliciously or wantonly, by doing anythingwhich is illegal, gives provocation to any person intending orkonwing it to be likely that such provocation will cause theoffence of rioting to be committed, shall, if the offence of riotingbe committed in consequence of such provocation, be punishedwith imprisonment of either description for a term which mayextend to one year, or with fine, or with both ; and if the offenceof rioting be not committed, with imprisonment of eitherdescription for a term which may extend to six months, or withfine, or with both.151. Whenever any unlawful assembly or riot takes place,the owner or occupier of the land upon which such unlawfulassembly is held or such riot is committed, and any personhaving or claiming an interest in such land, shall be punishablewith fine not exceeding one thousand rupees, if he, knowingthat such offence is being or has been committed, or havingreason to believe it is likely to be committed, do not give theearliest notice thereof in his power to the nearest police officer,and do not, in the case of his having reason to believe that it wasabout to be committed, use all lawful means in his power toprevent it, and in the event of its taking place do not use alllawful means in his power to disperse or suppress the riot orunlawful assembly.152. Whenever a riot is committed for the benefit or onbehalf of any person who is the owner or occupier of any landrespecting which such riot takes place, or who claims anyinterest in such land, or inCap. 19] PENAL CODE324Liability ofagentof owneror occupier forwhose banefit ariot iscommitted.Harbouringpersons hiredfor an unlawfulassembly.as aforesaid, goes armed or engages or officers to go armed with anydeadly weapons or with anything which, used as a weapon of offence, islikely to causethe subject of any dispute which gave rise to the riot, or who has acceptedor derived any benefit therefrom, such person shall be punishable withfine, if he, having reason to believe that such riot was likely to becommitted, or that the unlawful assembly by which such riot wascommitted was likely to be held, shall not use all lawful means in hispower to prevent such assembly or riot from taking place and forsuppressing and dispersing the same.153. Whenever a riot is committed for thebenefit or on behalf of any person who is the owner or occupier of anyland respecting which such riot takes place, or who claims any interest insuch land, or in the subject of any dispute which gave rise to the riot, orwho has accepted or derived any benefit therefrom, the agent or managerof such person shall be punishable with fine, if such agent or manager,having reason to believe that such riot was likely to be committed, or thatthe unlawful assembly by which such riot was committed was likely to beheld, shall not use all law- full means in his power to prevent such riot, orassembly from taking place and for suppressing and dispersing the same.154. Whoever harbours, receives, orassembles in any house or premises in his occupation or charge or underhis control, any persons, knowing that such persons have been hired,engaged, or employed, or are about to be hired, engaged, or employed, tojoin or become members of an unlawful assembly, shall be punished withimprisonment of either description for a term which may extend to sixmonths, or with fine, or with both.Being hired 155. Whoever is engaged or hired, or offers or m an uipawfulattempts to be hired or engaged, to do or assist in assembly ordoing any of the acts specified in section 138,shall beriot. punished with imprisonment of either descriptionfora term which may extend to six months, or with fine, Or to go armed. or with both ; and whoever,being so engaged or hiredPENAL CODE [Cap. 19325death, shall be punished with imprisonment of either descriptionfor a term which may extend to two years, or with fine, or withboth.156. When two or more persons, by fighting in a publicplace disturb the public peace, they are said to ” commit anaffray “.157. Whoever commits an affray shall be punished withimprisonment of either description for a term which may extendto one month, or with fine which may extend to one hundredrupees, or with both.”Affray”.Punishment forcommittingaffray.CHAPTER IXOF OFFENCES BY OR RELATING To PUBLICOFFICERS158. Whoever, being or expecting to be a public officer,accepts or obtains or agrees to accept or attempts to obtain fromany person, for himself or for any other person, any gratificationwhatever, other than legal remuneration, as a motive or rewardfor doing or forbearing to do any official act, or for showing orforbearing to show, in the exercise of his official functions,favour or disfavour to any person, or for rendering orattempting to render any service or disservice to any person withthe Government of SriLanka, or with any public officer as such,shall be punished with imprisonment of either description for aterm which may extend to three years, or with fine, or with both.Explanations.—” Expecting to be a public officer”: If aperson not expecting to be in office, obtains agratification by deceiving others into a belief that he isabout to be in office, and that he will then serve them, hemay. be guilty of cheating but he is not guilt.y of theoffence defined in this section.” Gratification” : The word ” gratification” is notrestricted to pecuniary gratifications or to gratificationsestimable in money.Legal remuneration” : The words ” legal remuneration “are not restricted to remuneration which a public officercan lawfully demand, but Include all remunerationwhich he is permitted by the Government which heserves to accept.Publicofficer taking agratificationother than legalremuneration inrespect of anofficial act.Cap. 19] PENAL CODE326Taking a gratificationin order by corrupt orillegal means, toinfluence a publicofficer.Taking a gratificationfor the exercise ofpersonal influencewith a public officer .”A motive or reward for doing”: A person who receives agratification as a motive for doing what he does not intend to door as a reward for doing what he has not done comes within thesewords.Illustrations(a) A, expecting to be called as a juryman, obtains from Z, abanker, a situation in Z’s bank for A’s brother, as a reward to Afor giving a verdict in favour of Z. A has committed the offencedefined in this section.(b) A, a public officer, induces Z erroneously to believe that A’sinfluence with the Government has obtained a title for Z, andthus induces Z to give A money as a reward for this service. Ahas committed the offence defined in this section.159. Whoever accepts or obtains, oragrees to accept or attempts to obtain, from any person, forhimself or for any other person, any gratification whatever as amotive or reward for inducing, by corrupt or illegal means, anypublic officer to do or to forbear to do any official act, or in theexercise of the official functions of such public officer to showfavour or disfavour to any person, or to render or attempt torender any service or disservice to any person with Parliamentor with any public officer, as such, shall be punished withimprisonment of either description for a term which mayextend to three years, or with fine, or with both.160. Whoever accepts or obtains, oragrees to accept or attempts to obtain, from any person, forhimself or for any other person, any gratification whatever, asa motive or reward for inducing, by the exercise of personalinfluence, any public officer to do or to forbear to do anyofficial act, or in the exercise of the official functions of suchpublic officer to show favour or disfavour to any person, or torender or attempt to render any service or disservice to anyperson with Parliament, or with any public officer, as such,shall be punished with simple imprisonment for a term whichmay extend to one year, or with fine, or with both.PENAL CODE [Cap 19327Punishment forabetment bypublic officerof the offencesabove defined.Public officerdisobeying adirection of thelaw with intentto cause injuryto anypGerson or therovernment.Public officerframing anincorrectdocument withintent to causeinjury.An attorney-at-law who receives a fee for arguing a case before aIllustrationjudge; a person who receives pay for arranging and correcting amemorial addressed to Government, setting forth the services andclaims of the memorialist; a paid agent for a condemned criminal,who lays before the Government statements tending to show thatthe condemnation was unjust—are not within this sectioninasmuch as they do not exercise or profess to exercise personalinfluence.161. Whoever, being a public officer, in respect of whomeither of the offences defined in the last two preceding sections iscommitted, abets the offence, shall be punished withimprisonment of either description for a term which may extendto three years, or with fine, or with both.A is a public officer. B, A’s wife, receives a present as a motive forIllustrationsoliciting A to give an office to a particular person. A abets herdoing so. B is punishable with imprisonment for a term notexceeding one year, or with fine, or with ‘both. A is punishablewith imprisonment for a term which may extend to three years orwith fine, or with both.162. Whoever, being a public officer, knowingly disobeysany direction of the law as to the way in which he is conducthimself as such public officer, intending to cause or knowing it tobe likely that he will, by such disobedience, cause injury to anyperson or to the Government, shall be punished with simpleimprisonment or a term which may extend to one year, or withfine, or with both.A, being an officer directed by law to take property in execution inIllustrationorder to satisfy a decree pronounced in Z’s favour by a Courknowingly disobeys that direction of law, with the knowledge that heis likely thereby to cause injury to Z. A has committed the offencedefined in this section.163. Whoever, being a public officer, and being as suchpublic officer, charged with the preparation or translation ofany document, frames or translates that document in amanner which he knows or believes to be incorrect, intendingthereby to cause, or knowing it to be likely that he maythereby cause, injury to any person, shall be punished withimprisonment of either description for a term which mayextend to three years, or with fine, or with both.Cap.19] PENAL CODE328Fraudulent orMaliciousinfraction of duty bypublic officer inPosts orTelecommunicationsDepartment.Misconduct by publicofficer in Posts orTelecommunicationsDepartment.Fraud by publicofficer in Posts orTelecommunicationsDepartment.Injury to messages,&c., commited bypublic officer in PostsorTelecommunicationsDepartment.Personating a publicofficer.164. Whoever, being a publicofficer, employed in the Posts or TelecommunicationsDepartment, fraudulently or maliciously secretes, makes awaywith, alters, or omits to transmit any message which may havebeen lawfully delivered to him for transmission, orfraudulently or maliciously discloses to any person notauthorized to receive the same any message received by him inthe course of his employment as aforesaid, shall be punishedwith imprisonment of either description, which may extend to aterm of two years, or with fine, or with both.165. Whoever, being apublic officer,employed in the Posts or Telecommunications Department, bydrunkenness, carelessness, or other misconduct endangers ordelays the transmission of any message, letter, or postal packet,shall be punished with imprisonment of either description for aterm which may extend to three months or with fine which mayextend to fifty rupees, or with both.166. Whoever,beingapublic officer,employed in the Posts or TelecommunicationsDepartment, transmits by telegraph any message upon whichthe prescribed charge has not been paid, with intent thereby dodefraud, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine, or with both.167. Whoever, being apublic officer,employed in the Posts or TelecommunicationsDepartment, does, contrary to his duty, secrete, destroy,mutilate, or break open any telegraph despatch or letter orpostal packet, shall be punished with imprisonment of eitherdescription for a term which may extend to seven years, or withfine, or with both.168. Whoever pretends to hold anyparticular office, as a public officer, knowing that he does nothold such office, or falsely personates any other person holdingsuch office, and in such assumed character does or attempts todo any act under colour of such office, shall be punished withimprisonment of either description for a term which mayextend to two years, or with fine, or with both.PENAL CODE [Cap. 19329Wearing garb orcarrying tokenusded by publicofficers withfraudulentintent.169A. For the purposes of this Chapter—(a) ” candidate” means a person who has been nominated asa candidate at any election and includes a personwho, when an election is in contemplation, holdshimself out as a prospective candidate thereat:Bribery inconnectionwith anelection.169.Whoever, not belonging to a certain class of publicofficers, wears any garb or carries any token resembling anygarb or token used by that class of public officers, with theintention that it may be believed, or with the knowledge that it islikely to be believed, that he belongs to that class of publicofficers, shall be punished with imprisonment of either description for a term which may extend to three months, or with finewhich may extend to one hundred rupees, or with both.CHAPTER IX AOF OFFENCESRELATING ToELECTIONS” Candidate” and” Electoral right. “Provided that he is subsequently nominated as acandidate at such election ;(b) ” electoral right” means the right of a person to stand,or not to stand as, or to withdraw from being, acandidate, or to vote or refrain from voting at anelection.169B. (1) Whoever—(a) gives a gratification to any person with the object ofinducing him or any other person to exercise anyelectoral right or of rewarding any person for havingexercised any such right; or(b) accepts either for himself or for any other person anygratification as a reward for exercising any suchright or for inducing or attempting to induce anyother person to exercise any such right;commits the offence of bribery:Cap. 19] PENAL CODE330Undueinfluence atelections.Provided that a declaration of public policy or a promise ofpublic action shall not be an offence under this. section.(2) A person who offers, or agrees to give, or officers orattempts to procure, a gratification shall be deemed to give agratification.(3) A person who obtains, or agrees to accept, or attempts toobtain, a gratification shall be deemed to accept a gratification,and a person who accepts a gratification as a motive for doingwhat he does not intend to do, or as a reward for doing what he hasnot done, shall be deemed to have accepted the gratification as areward.169C. (1) Whoever voluntarily interfers, or attempts tointerfere, with the free exercise of any electoral right commits theoffence of undue influence at an election.(2) Without prejudice to the generality of the provisions ofsubsection (1), whoever—(a) threatens any candidate or voter, or any personin whom a candidate or voter is interested, with injury of any kind; or(b) induces or attempts to induce a candidate orvoter to believe that he or any person in whom he is interested willbecome or will be rendered an object of Divine displeasure or ofspiritual censure ;shall be deemed to interfere with the free exercise of the electoralright of such candidate or voter, within the meaning of subsection(1).(3) A declaration of public policy or a promise of public action,or the mere exercise of a legal right without intent to interfere withan electoral right, shall not be deemed to be interference within themeaning of this section.Personationat elections. 169D. (1) Whoever at an election applies for a voting paper orvotes in the name of any other person, whether living or dead, or ina fictitious name, or who having voted once at such election appliesat the samePENAL CODE [Cap. 19331False statement inconnection with anelection.Failure to keepelection accounts.election for a voting paper in his own name, and whoeverabets, procures, or attempts to procure, the voting by anyperson in any such way commits the offence of personation atan election.(2) For the purposes of this section, the word ” election “includes any proceeding in which a poll or ballot is taken forthe purpose of ascertaining the opinion of the majority of anyspecified set of persons on any question held under or by virtueof any enactment or any rules or regulations made thereunder.169E. Whoever committs the offence of bribery Pums.hment shall be liable onsummary conviction to a fine not yexceeding five hundred rupees :Provided that bribery by treating shall be punished with afine not exceeding two hundred rupees.Explanation—” Treating” means that form of bribery where thegratification consists in food, drink, entertainment, or provision.169F. Whoever commits the offence of undue Punishmnentinfluence at an election shall be liable on summary ^unncefMconviction to a fine not exceeding five hundred rupees, personation andat an election.whoever commits the offence of personation at an electionshall be liable on summary conviction to a fine not exceedingthree hundred rupees.169G. Whoever with intent to affect the result of anelection makes or publishes any statement purporting to be astatement of fact which is false and which he either knows orbelieves to be false or does not believe to be true, in relation tothe personal character or conduct of any candidate, shall beguilty of an offence and shall be punished with fine.169H. Whoever being required by any law for the time beingin force or any rule having the force of law to keep accounts ofexpenses incurred at or in connection with an election, fails tokeep such accounts, shall on conviction be punished with finewhich may extend to three hundred rupees.Cap. 19] PENAL CODE332Abscondng toavoid service ofsummons orotherproceeding froma public officer.Preventingservice ofsummons orotherproceeding orpreventingpublicationthereof.CHAPTER XOF CONTEMPTS OF THE LAWFULAUTHORITY OF PUBLIC OFFICERS170. Whoever absconds in order to avoidbeing served with a summons, notice, or order proceeding from anypublic officer, legally competent, as such public officer, to issue suchsummons, notice, or order, shall be punished with simple imprisonmentfor a term which may extend to one month, or with fine which mayextend to fifty rupees, or with both; or, if the summons, notice, or order isto attend in person or by agent, or to produce a document in a Court, withsimple imprisonment for a term which may extend to six months, or withfine whch may extend to one hundred rupees, or with both.171. Whoever in any manner intentionallyprevents the serving on himself, or on any other person, of any summons,notice, or order proceeding from any public officer legally competent, assuch public officer to issue such summons, notice, or order,or intentionally prevents the lawful affixing toany place of any such summons, notice, or order,or intentionally removes any such summons,notice, or order from any place to which it is lawfullyaffixed,or intentionally prevents the lawful making of any proclamation underthe authority of any public officer legally competent, as suchpublic officer, to direct such proclamation to be made,sliall be punished with simple imprisonment for a term which may extendto one month, or with fine which may extend to fifty rupees, or with both ;or, if the summons, notice, or order, or proclamation is to attend inperson or by agent, or to produce a document in a Court, withsimple imprisonment for a term which may extend to sixmonths, or wtth fine which may extend to one hundred rupees,or with both.PENAL CODE [Cap. 19333Nonattendance inobedience to anorder from thepublic officer.Omission toproduce adocument to apublic officerby a personlegally boundto producesuch document172. Whoever, being legally bound to attend in person orby an agent at a certain place and time in obedience to asummons, notice, order, or proclamation proceeding from anypublic officer legally competent, as such public officer, to issuethe same,intentionally omits to attend at that place or time, or departsfrom the place where he is bound to attend before the timeat which it is lawful for him to depart,shall be punished with simple imprisonment for a term whichmay extend to one month, or with fine which may extend tofifty rupees, or with both;or, if the summons, notice, order, or proclamation is toattend in person or by agent in a Court, with simpleimprisonment for a term which may extend to sixmonths, or with fine which may extend to onehundred rupees, or with both.Illustrations(a) A, being legally bound to appear before the SupremeCourt, at Colombo, in obedience to a summons, intentionally omits to appear. A has committed the offencedefined in this section.(b) A, being legally bound to appear before a DistrictJudge as a witness in obedience to a. summons issued bythat District Judge, intentionally omits to appear. A hascommitted the offence defined in this section.173. Whoever, being legally bound to produce or deliverup any document to any public officer, as such, intentionallyomits so to produce or deliver up the same, shall be punishedwith simple imprisonment for a term which may extend to onemonth, or with fine which may extend to fifty rupees, or withboth;or, if the document is to be produced or delivered up to aCourt, with simple imprisonment for a term whichmay extend to six months, or with fine which mayextend to one hundred rupees, or with both.A, being legally bound to produce a document before aIllustrationsDistrict Court, intentionally omits to produce the same.A has committed the offence defined in this section.Cap. 19] PENAL CODE334Omission togive notice orinformation to apublic officer bya person legallybound to givenotice orinfomation.Furnishingfalseinformation.Refusing oathwhen dulyrequired to takeoath by a publicofficer.174. Whoever, being legally bound to give any notice or tofurnish information on any subject to any public officer, assuch, intentionally omits to give such notice or to furnish suchinformation in the manner and at the time required by law,shall be punished with simple imprisonment for a term whichmay extend to one month, or with fine which may extend tofifty rupees, or with both;or, if the notice or information required to be given respectsthe commission of an offence, or is required for the purpose ofpreventing the commission of an offence, or in order to theapprehension of an offender, with simple imprisonment for aterm which may extend to six months, or with fine which mayextend to one hundred rupees, or with both.175. Whoever, being legally bound to furnish informationon any subject to any public officer, as such, furnishes, as true,information on the subject which he knows or has reason tobelieve to be false, shall be punished with simpleimprisonment for a term which may extend to six months, orwith fine which may extend to one hundred rupees, or withboth;or, if the information which he is legally bound to giverespects the commission of an offence, or is required for thepurpose of preventing the commission of an offence, or inorder to the apprehension of an offender, with imprisonmentof either description for a term which may extend to two yearsor with fine, or with both.A, a landowner, knowing of the commission of a murder within theIllustrationlimits of his estate, wilfully misinforms the Magistrate of the divisionthat the death has occurred by accident in consequence of the bite of asnake. A is guilty of the offence defined in this section.176. Whoever refuses to bind himself by an oath or anaffirmation to state the truth, when required so to bindhimself by a public officer legally competent to require that heshall so bind himself, shall be punished with simpleimprisonment for a term which may extend to six months, orwith fine which may extend to one hundred rupees, or withboth.PENAL CODE [Cap. 19335Refusing toanswer a publicofficerauthorized toquestion.Refusing to signstatement.False statement onoath to publicofficer or personauthorized toadminister anoath.Falseinformationwith intent tocause a publicofficer to usehis lawfulpower to theinjury ofanother person.177. Whoever being legally bound to state the truth onany subject to any public officer, refuses to answer anyquestion demanded of him touching that subject by suchpublic officer, in the exercise of the legal powers of such publicofficer, shall be punished with simple imprisonment for a termwhich may extend to six months, or with fine which mayextend to one hundred rupees, or with both.178. Whoever refuses to sign any statement made by him,when required to sign that statement by a public officer legallycompetent to require that he shall sign that statement, shall bepunished with simple imprisonment for a term which mayextend to three months, or with fine which may extend to onehundred rupees, or with both.179. Whoever, being legally bound by an oath or anaffirmation to state the truth on any subject to any publicofficer or other person authorized by law to administer suchoath or affirmation, makes to such public officer or otherperson as aforesaid, touching that subject, any statementwhich is false, and which he either knows or believes to be falseor does not believe to be true, shall be punished withimprisonment of either description for a term which mayextend to three years, and shall also be liable to a fine.180. Whoever gives to any public officer any informationwhich he knows or believes to be false, intending thereby tocause, or knowing it to be likely that he will thereby cause,such public officer to use the lawful power of such publicofficer to the injury or annoyance of any person, or to do oromit anything which such public officer ought not to do oromit, if the true state of tacts respecting which such information is given were known by him, shall be punished withimprisonment of either description for a term which mayextend to six months, or with fine which may extend to onethousand rupees, or with both.Illustrations(a) A informs the Inspector-General of Police that Z, a policeofficer, has been guilty of neglect of duty or misconduct,knowing such information to be false,Cap. 19] PENAL CODE336Resistance totaking ofpropertyby thelawfulauthority of apublic officer.Obstructingsale ofpropertyoffered for saleby authority ofa publicofficer.Obstructingpublic officer indischarge of hispublicfunctions.Ommision toassist publicofficer whenbound by lawto giveassistance.and knowing it to be likely that the information willcause the Inspector-General to dismiss Z. A hascommitted the offence defined in this section.(b) A falsely inform, a public officer that Z has contrabandsalt in a secret place, knowing such information to befalse, and knowing, that it is likely that theconsequence of the information will he a search of Z’spremises, attended with annoyance to Z. A hascommitted the offence defined in this section.181. Whoever offers any resistance to thetaking of any property by the lawful authority of any publicofficer, knowing or having reason to believe that he is suchpublic officer, shall be punished with imprisonment of eitherdescription for a term which may extend to six months, or withfine which may extend to one hundred rupees, or with both.182. Whoever intentionally obstructs any saleof property offered for sale by the lawful authority of anypublic officer, as such, shall be punished with imprisonment ofeither description for a term which may extend to one month,or with fine which may extend to one hundred rupees, or withboth.183 Whoever voluntarily obstructs any public officer or anyperson acting under the lawful orders of such public officer inthe discharge of his public functions, shall be punished withimprisonment of either description for a term which mayextend to three months, or with fine which may extend to onehundred rupees, or with both.184. Whoever, being bound by law to renderor furnish assistance to any public officer in the execution ofhis public duty, intentionally omits to give such assistance,shall be punished with simple imprisonment for a term whichmay extend to one month, or with fine which may extend tofifty rupees, or with both;and if such assistance be demanded of him by apublic officer legally competent to make suchdemand for the purposes of executing any processlawfully issued by a Court, or of preventing thecommission of an offence, or of suppressing a riot,unlawful assembly, or affray, or of apprehending aperson chargedPENAL CODE [Cap. 19337Threat ofinjury to apublicofficer.with or guilty of an offence or of having escaped fromlawful custody, shall be punished with simpleimprisonment for a term which may extend to sixmonths, or with fine which may extend to onehundred rupees, or with both.185. Whoever, knowing that by an order Disobedience promulgated by apublic officer lawfully empowered dify promuf to promulgate such order, he isdirected to abstain from gatedhyaa certain act, or to take certain order with certainPfc property in his possession or under his management, disobeys such direction,shall, if such disobedience causes or tends to causeobstruction, annoyance, or injury, or risk ofobstruction, annoyance, or injury, to any personslawfully employed, be punished with simpleimprisonment for a term which may extend to onemonth, or with fine which may extend to fifty rupees,or with both ;and if such disobedience causes or tends to cause dagger tohuman life, health, or safety, or causes or tends tocause a riot or affray, shall be punished withimprisonment of either description for a term whichmay extend to six months, or with fine which mayextend to one hundred rupees, or with both.Explanation—It is not necessary that the offender should intend toproduce harm, or contemplate his disobedience as likely toproduce harm. It is sufficient that he knows of the order which hedisobeys, and that his disobedience produces, or is likely toproduce harm.IllustrationAn order is promulgated by a public officer lawfullyempowered to promulgate such order, directing that areligious procession shall not pass down a certain street.A knowingly disobeys the order and thereby causesdanger of riot. A has committed the offence defined inthis section.186. Whoever holds out any threat of injury to any publicofficer, or to any person in whom he believes that publicofficer to be interested, for the purpose of inducing that publicofficer to do any act, or to forbear or delay to do any act,connected with the exercise ofCap. 19] PENAL CODE338Threat ofinjury toinduce anyperson torefrain fromapplying forprotection toa publicofficer.Giving “falseevidence”.the public functions of such public officer, shall be punishedwith imprisonment of either description for a term which mayextend to two years, or with fine, or with both.187. Whoever holds out any threat of injury to any personfor the purpose of inducing that person to refrain or desistfrom making a legal application, for protection against anyinjury, to any puublic officer legally empowered as such togive such protection or to cause such protection to be given,shall be punished with imprisonment of either description fora term which may extend to one year, or with fine, or withboth.CHAPTER XIOF FALSE EVIDENCE AND OFFENCES AGAINSTPUBLIC JUSTICE188. Whoever, being legally bound by an oath oraffirmation, or by any express provision of law to state thetruth, or being bound by law to make a declaration upon anysubject, makes any statement which is false, and which heeither knows or believs to be false, or does not believe to betrue, is said to give ” false evidence “.Wherever in any enactment the word ” perjury” occurs,such enactment shall be read as if the words ” giving falseevidence ” were therein used instead of the word “perjury”.Explanation 1. —A, statement is within the meaningof this section whether it is made verbally or otherwise.Explanation 2.—A false statement as to. the belief of theperson attesting is within the meaning of this section,and a person may . be . guilty of giving. false evidence bystating that he believes a thing which he does notbelieve, as well as by stating that he knows a thing whichne does not know.Illustrations(a) A in support of a just claim which B has against Z for onethpusand rupees, falsely swears .on a trial that he heard Zadmit the justice of B’s claim. A has given falseevidence.PENAL CODE [Cap. 19339″Fabricating falseevidence”.(b) A, being bound by an oath to state the truth, states that hebelieves a certain signature to be the handwriting of Z, when hedoes not believe it to be the handwriting of Z. Here A states thatwhich he knows to be false, and therefore gives false evidence.(c) A, knowing the general character of Z’s handwriting, statesthat he believes a certain signature to be the handwriting of Z, Ain good faith believing it to be so. Here A’s statement is merely asto his belief, and is true as to his belief, and therefore, althoughthe signature may not be the handwriting of Z, A has not givenfalse evidence.(d) A, being bound by an oath to state the truth, states that heknows that Z was at a particular place on a particular day, notknowing anything upon the subject. A gives false evidence,whether Z was at that place on the day named or not.(e) A, an interpreter or translator, gives or certifies asa true interpretation . or translation of a statement or documentwhich he is bound by oath to interpret or translate truly, thatwhich is not and which he does not believe to be a trueinterpretation or translation A has given false evidence.189. Whoever causes any circumstance to exist, or makes any falseentry in any book or record, or makes any document containing a falsestatement, intending that such circumstance, false entry, or falsestatement may appear in evidence in a judicial proceeding, or in aproceeding taken by law before a public officer as such, or before anarbitrator, and that such circumstance, false entry, or false statement, soappearing in evidence, may cause any person, who in such proceeding isto form an opinion upon the evidence, to entertain an erroneous opiniontouching any point material to the result of such proceeding, is said ” tofabricate false evidenceIllustrations(a) A puts jewels into a box belonging to Z, with the intentionthat they may be found in that box, and that this circumstancemay cause Z to be convicted of theft. A has fabricated falseevidence.(b) A makes a false entry in his shop book for the purpose ofusing it as corroborative evidence in a Court. A has fabricatedfalse evidence.(c) A, with the intention of causing Z to be convicted of acriminal conspiracy, writes a letter in imitation of z’shandwriting, purporting to be addressed to an accomplice in suchcriminal conspiracy, and puts the letter in a place which heknows that the officers ofthe police are likely to search.A has fabricated false evidanceCap.19] PENAL CODE340Punishment forgiving orfabricating falseevidence.Giving or fabricatingflase evidence withintent to procureconviction of acapital offence.If innocent person bethereby convicted andexecuted.190. Whoever intentionally gives false evidence in anystage of a judicial proceeding, or fabricates false evidence forthe purpose of being used in any stage of a judicialproceeding, shall be punished with imprisonment of eitherdescription for a term which may extend to seven years, andshall also be liable to fine ;and whoever intentionally gives or fabricates falseevidence in any other case shall be punished withimprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.Explanation 1. — A trial before a court-martial or before a militarycourt of requests is a judicial proceeding.Explanation 2.— An investigation directed by law, preliminary toa proceeding before a Court, is a stage of a judicial proceeding, thoughthat investigation may not take place before a Court.IllustrationA, in an inquiry before a Magistrate for the purpose of ascertainingwhether Z ought to be committed for trial, makes on oath a statementwhich he knows to be false. As this inquiry is a stage of a judicialproceeding, A has given false evidence.Explanation 3.— An investigation directed by a Court according tolaw, and conducted under the authority of a Court, is a stage of ajudicial proceeding, though that investigation may not take placebefore a Court.IllustrationA, in an inquiry before an officer deputed by a Court to ascertainon the spot the boundaries of land, makes on oath or affirmation astatement which he knows to be false. As this inquiry is a stage of ajudicial proceeding, A has given false evidence.191. Whoever gives or fabricates false evidence,intending thereby to cause, or knowing it to be likely that hewill thereby cause, any person to be convicted of an offencewhich is punishable with death by this Code, shall bepunished which rigorous imprisonment for a term which mayextend to ten years, and shall also be liable to fine;and if an innocent person be convicted and executed inconsequence of such false evidence, the person who gives suchfalse evidence shall be punished with death.PENAL CODE [Cap.19341Giving orfabricating falseevidence with intenttoconviction of anprocureoffence punishablewith imprisonmentfor seven years orupwards.Using evidenceknown to be false.Issuing or signing afalse certificate.Using as a truecertificate oneknown to be falsein a material point.False statementmade in anydeclaration whichis by lawreceivables asevidence.192. Whoever gives or fabricates false evidenceintending thereby to cause, or knowing it to be likely that hewill thereby cause, any person to be convicted of an offencewhich by this Code is not capital, but punishable withimprisonment for a term of seven years or upwards, shall bepunished as a person convicted of that offence would beliable to be punished.IllustrationA gives false evidence before a Court, intending thereby to causeZ to be convicted of a robbery. The punishment of robbery isrigorous imprisonment for a term which may extend to tenyears, with or without fine. A, therefore, is liable to suchimprisonment, with or without fine.193. Whoever corruptly uses or attempts to use as trueor genuine evidence any evidence which he knows to be falseor fabricated shall be punished in the same manner as if hegave or fabricated false evidence.194. Whoever issues or signs any certificate required bylaw to given or signed, or relating to any fact of which suchcertificate is by law admissable in evidence, knowing orbelieving that such certificate is false in any material point,shall be punished in the same manner as if he gave falseevidence.195. Whoever corruptly uses or attempts to use anysuch certificate as a true certificate, knowing the same to befalse in any material point, shall be punished in the samemanner as if he gave false evidence.196. Whoever, in any declaration made or subscribedby him, which declaration any Court, or any public officer orother person, is bound or authorized by law to receive,makes any statement which is false, and which he eitherknows or believes to be false or does not believe to be true,touching any point material to the object for which thedeclaration is made or used, shall be punished in the samemanner as if he gave false evidence.Cap. 19] PENAL CODS342Using as true anysuch declarationknown to befalse.Causingdisappearance ofevidence of anoffencecommitted, orgiving falseinformationtouching it, toscreen theoffender.If a capitaloffence.If punishablewith ten years’imprisonment.If punishable withless than tenyears’imprisonment.197. Whoever corruptly uses or attempts to use as true anysuch declaration, knowing the same to be false in any materialpoint, shall be punished in the same manner as if he gave falseevidence.Explanation.—A declaration which is inadmissible merely upon theground of some informality is a declaration within the meaning ofsections 196 and 197.198. Whoever, knowing or having reason to believe that anoffence has been committed, causes any evidence of thecommission of that offence to disappear with the intention ofscreening the offender from legal punishment, or with thatintention gives any information respecting the offence which heknows or believes to be false,shall, if the offence which he knows or believes to have beencommitted is punishable with death, be punished withimprisonment of either description for a term whichmay extend to seven years, and shall also be liable tofine;and if the offence is punishable with imprisonment whichmay extend to ten years, shall be punished withimprisonment of either description for a term whichmay extend to three years, and shall also be liable tofine ;and if the offence is punishable with imprisonment for anyterm not extending to ten years, shall be punishedwith imprisonment of the description provided for theoffence, for a term which may extend to one-fourthpart of the longest term of the imprisonment providedfor the offence, or with fine, or with both.lntentionalommission toinformation ofan offance by aperson boundto inform.A, knowing that B has murdered Z, assists B to hide the bodyIllustration withthe intention of screening B from punishment. A is liable toimprisonment of either description for seven years, and also tofine.199. Whoever, knowing or having reason to believe that anoffence has been committed, intentionally omits to give anyinformation respecting that offence which he is legally bound togive, shall be punished with imprisonment of either descriptionfor a term which may extend to six months, or with fine, or withboth.PENAL CODE [Cap. 19343Giving falseinformationrespecting anoffencecommitted.Destruction ofdocument toprevent itsproduction asevidence.Falsepersonation for thepurpose of any actor proceeding in asuit.Fraudulentremoval orconcealment ofproperty toprevent itsseizure as aforfeiture or inexecution of adecree.200. Whoever knowing .or having reason to believe that an offencehas been committed, gives any information respecting that offence whichhe knows or believes to be false, shall be punished with imprisonment ofeither description for a term which may extend to two years, or with fine, orwith both.201. Whoever secretes or destroys any document which he may belawfully compelled to produce as evidence in a Court, or in any proceedinglawfully held before a public officer as such, or obliterates or rendersillegible the whole or any part of such document with the intention ofpreventing the same from being produced or used as evidence before suchcourt or public officer as aforesaid, or after he shall have been lawfullysummoned or required to produce the same for that purpose, shall bepunished with imprisonment of either description for a term which mayextend to two years, or with fine, or with both.202. Whoever falsely personates another, and in such assumedcharacter makes any admission or statement, or confesses judgment, orcauses any process to be issued, or becomes bail or security, or does anyother act in any suit or criminal prosecution, shall be punished withimprisonment of either description for a term which may extend to threeyears, or with fine, or with both.203. Whoever fraudulently removes, conceals, transfers, or deliversto any person any property or any interest therein intending thereby toprevent that property or interest therein from being taken as a forfeiture, orin satisfaction of a fine under a sentence which has been pronounced, orwhich he knows to be likely to be pronounced, by a Court or othercompetent authority, or from being taken in execution of a decree or orderwhich has been made or which he knows to be likely to be made by a Courtin a civil suit, shall be punished with imprisonment of either description fora term which may extend to two years, or with fine, or with both.Cap. 19] PENAL CODE344Fraudulentclaim toproperty toprevent itsseizure as aforfeiture or inexecution of adecree.Fradulentlysuffering adecree for asum not due.Fraudulently ordishonestlymaking a falseclaim in a Court.204. Whoever fraudulently accepts, receives, or claims anyproperty or any interest therein, knowing that he has no right orrightful claim to such property or interest, or practices anydeception touching any right to any property or any interesttherein, intending thereby to prevent that property or interesttherein from being taken as a forfeiture or in satisfaction of afine, under a sentence which has been pronounced, or which heknows to be likely to be pronounced, by a Court or othercompetent authority, or from being taken in execution of adecree or order which has been made or which he knows to belikely to be made by a Court in civil suit, shall be punished withimprisonment of either description for a term which may extendto two years, or with fine, or with both.205. Whoever fraudulently causes or suffers a decree ororder to be passed against him at the suit of any person for a sumnot due, or for a larger sum that is due to such person, or for anyproperty or interest in property to which such person is notentitled, or fraudulently causes or suffers a decree or order to beexecuted against him after it has been satisfied, or for anythingin respect of which it has been satisfied, shall be punished withimprisonment of either description for a term which may extendto two years, or with fine, or with both.IllustrationsA institutes a suit against Z. Z, knowing that A is likely toobtain a decree against him, fraudulently suffers ajudgment topass against him to a larger amount at thesuit of B, who nas no just claim against him, in orderthat B, either on his own account or for the benefit of Z,may share in the proceeds of any sale of Z’s propertywhich may be made under A’s decree. Z has committedan offence under this section.206. Whoever fraudulently or dishonestly or with intent toinjure or annoy any person, makes in a Court any claim whichhe knows to be false, shall be punished with imprisonment ofeither description for a term which may extend to two years, andshall also be liable to fine.345PENAL CODS [Cap. 19207. Whoever fraudulently obtains a decree or order againstany person for a sum not due, or for a larger sum than is due, orfor any property or interest in property to which he is not entitled,or fraudulently causes a decree or order to be executed againstany person after it has been satisfied, or for anything in respect ofwhich it has been satisfied, or fraudulently suffers or permits anysuch act to be done in his name, shall be punished withimprisonment of either description for a term which may extent totwo years, or with fine, or with both.208. Whoever, with intent to cause injury to any person,institutes or causes to be instituted any criminal proceedingagainst that person, or falsely charges any person with havingcommitted an offence, knowing that there is no just or lawfulground for such proceeding or charge against that person, shallbe punished with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both;and if such criminal proceeding be instituted on a false chargeof an offence punishable with death, or imprisonmentfor seven years or upwards, shall be punished withimprisonment of either description for a term whichmay extend to seven years, and shall also be liable tofine.209. Whenever an offence has been committed, whoeverharbours, conceals, assists, or maintains a person whome heknows or has reason to believe to be the offender, with theintention of screening him from legal punishment,shall, if the offence is punishable with death, be punishedwith imprisonment of either description for a termwhich may extend to five years, and shall also beliable to fine;and if the offence is punishable with imprisonment which mayextend to ten years, shall be punished withimprisonment of either descrip- ton for a term whichmay extend to three years, and shall also be liable tofine;Fraudulentlyobtaining adecree forasum not due.False chargeof offencemade withintent toinjure,Harbouringan offender.If a capitaloffence.If punishablewith ten years’imprisonment.Cap. 19] PENAL CODE346If punishablewith less thanten years’ imprisonment.Taking gratification, &c., toscreen anoffender frompunishment.If capitaloffence.If punishablewith ten years’imprisonment.If punishablewith less thanten years’imprisonment.If punishablewith fine.and if the offence is punishable with imprisonment which may extendto one year and not to ten years, shall be punished withimprisonment of the description provided for the offence for aterm which may extend to one-fourth part of the longest termof imprisonment provided for the offence, or with fine, or withboth.Explanation.—This provision shall not extend to any case in which theharbour or concealment is by the husband or wife of the offender.A, knowing that B has committed robbery, knowingly conceals B inIllustrationorder to screen him from legal punishment. Here, as B is liableto . imprisonment which may extend to ten years A is liable toimprisonment of either description for a term not exceedingthree years, and is also liable to fine.210. Whoever accepts, or attempts to obtain, or agrees to accept anygratification for himself or any other person, or any restitution of propertyto himself or any other person in consideration of his concealing anoffence, or of his screening any person from legal punishment for anyoffence, or of his not proceeding against any person for the purpose ofbringing him to legal punishment,shall, if the offence is punishable with death, be punished withimprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine;and if the offence is punishable with imprisonment which may extendto ten years, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, andshall also be liable to fine;and if the offence is punishable with imprisonment not extending toten years, shall be punished with imprisonment of thedescription provided for the offence for a term which mayextend to one-fourth part of the longest term of imprisonmentprovided for the offence, or with fine, or with both;and if the offence is punishable with fine, shall be punished with fine.PENAL CODE [Cap. 19347Offeringgratification orrestoration ofproperty inconsideration ofscreeningoffender.If a capitaloffence.If puiushablewith ten years’imprisonment.If punishablewith less than tenyears’imprisonment.If punishablewith fine.Taking gratification foproperty, &c.211. Whoever gives or causes, or offers or agrees to give orcause, any gratification to any person, or to restore or cause therestoration of any property to any person in consideration ofthat person’s concealing an offence, or of his screening anyperson from legal punishment for any offence, or of his notproceeding against any person for the purpose of bringing himto legal punishment,shall, if the offence is punishable with death, be punishedwith imprisonment of either description for a termwhich may extened to seven years, and shall also beliable to fine;and if the offence is punishable with imprisonment whichmay extend to ten years shall be punished withimprisonment of either description for a term whichmay extend to three years, and shall also be liable tofine;and if the offence is punishable with imprisonment notextending to ten years, shall be punished withimprisonment of the description provided for theoffence for a term which may extend to one-fourthpart of the longest term of imprisonment provided forthe offence, or with fine, or with both ;and if the offence is punishable with fine, shall be punishedwith fine.Exception.—The provisions of sections 210 and 211 do not extend toany case in which the offence may lawfully be compounded.212. Whoever takes or agrees or consents to take anygratification under pretence or on account of helping any personto recover any movable property of which he shall have beendeprived by any offence punishable under this Code, shall,unless he uses all means in his power to cause the offender to beapprehended and convicted of the offence, be punished withimprisonment of either description for a term which may extendto two years, or with fine, or with both.Cap. 19] PENAL CODE348Harbouring anoffender whohas escapedfrom custody orwhose apprehension hasbeen ordered.If a capitaloffence.If punishablewith ten years’imprisonment.If punishablewith less than tenyears’impisonment.Public officerdisobeying adirection of lawwith intent to saveperson frompunishment orproperty fromrorfeiture.213 Whenever any person convicted of or charged with anoffence, being in lawful custody for that offence, escapes fromsuch custody, or whenever a public officer, in the exercise of thelawful powers of such public officer, orders to certain person tobe apprehended for an offence, whoever, knowing of suchescape or order for apprehension, harbours or conceals thatperson with the intention of preventing him from beingapprehended, shall be punished in the manner following, that isto say, if the offence for which the person was in custody or isordered to be apprehended is punishable with death, he shall bepunished with imprisonment of either description for a termwhich may extend to seven years and shall also be liable to fine ;if the offence is punishable with imprisonment for a termwhich may extend to ten years, he shall be punished withimprisonment of either description for a term which mayextend to three years, with or without fine. and if the offenceis punishable with imprisonment which may extend to oneyear and not to ten years, he shall be punished withimprisonm ent of the description provided for the offence fora term which may extend to one-fourth part of the longestterm of the imprisonment provided for such offence, or withfine, or with both.Exception.—This provision does not extend to the case in which theharbour or concealment is by the husband or wife of the person to beapprehended.214. Whoever, being a public officer knowingly disobeysany direction of the law as to the way in which he is to conducthimself as such public officer, intending thereby to save, orknowing it to be likely that he will thereby save, any personfrom legal punishment or subject him to a less punishment thanthat to which he is liable, or with intent to save, or knowing thathe is likely thereby to save, any property from forfeiture or anycharge to which it is liable by law, shall be punished withimprisonment of either description for a term which mayextend to two years, or with fine, or with both.PENAL CODE [Cap. 19349Public officerframing anincorrect recordorwriting withintent to saveperson frompunishment orproperty fromforfeiture.Intentionalomission toapprehend onthe part of apublic officerbound by law toapprehend,Punishment.215. Whoever, being a public officer and being, as suchpublic officer, charged with the preparation of any record orother writing, frames that record or writing in a manner whichhe knows to be incorrect, with intent to cause, or knowing it to belikely that he will thereby cause, loss or injury to the public or toany person, or with intent thereby to save, or knowing it to belikely that he will thereby save, any person from legalpunishment, or with intent to save or knowing that he is likelythereby to save any property from forfeiture or other charge towhich it is liable by law, shall be punished with imprisonment ofeither description for a term which may extend to three years, orwith fine, or with both.216. Whoever, being a public officer, legally bound as suchpublic officer to apprehend or to keep in confinement any personcharged with or liable to be apprehended for an offence,intentionally omits to apprehend such person, or intentionallysuffers such person to escape, or intentionally aids such personin escaping or attempting to escape, from such confinement shallbe punished as follows, that is to say—(a) with imprisonment of either description for aterm which may extend to seven years, with or withoutfine, if the person in confinment or who ought to havebeen apprehended was charged with or liable to beapprehended for an offence punishable with death ; or(b) with imprisonment of either description for aterm which may extend to three years, with orwithout fine, if the person in confinement or whoought to have been apprehended was charged with orliable to be apprehended for an offence punishablewith imprisonment for a term which may extend toten years ; or(c) with imprisonment of either description for aterm which may extend to two years, with or withoutfine, if the person in confinement or who ought tohave been apprehended was chraged with or liable tobe apprehended for an offence punishable withimprisonment for a term less than ten years.Cap. 19] PENAL CODE350Intentionalomission toapprehend on thepart of a publicofficer bound bylaw to apprehendperson undersentence orlawfullycommitted.Punishment.Escape fromconfinementof custodynegligentlysuffered by apublicofficer.Resistance orobstruction by aperson to hislawfulapprehension.217. Whoever, baing a public officer , legally bound as suchpublic officer to apprehend or to keep in confinement anyperson under sentence of a Court for any offence, or if theperson was lawfully committed to custody, intentionally omitsto apprehend such person, or intentionally suffers such personto escape or intentionally aids such person in escaping orattempting to escape from such confinement, shall be punishedas follows, that is to say—(a) with imprisonment of either description for aterm which may extend to fourteen years, with orwithout fine, if the person in confinement or whoought to have been apprehended is under sentence ofdeath; or(b) with imprisonment of either description for aterm which may extend to seven years, with orwithout fine, if the person in confinement or whoought to have been apprehended is subject, by asentence of a Court, or by virtue of a commutation ofsuch sentence, to imprisonment for a term of tenyears or upwards; or(c) with imprisonment of either description for aterm which may extend to three years, or with fine, orwith both, if the person in confinement, or who oughtto have been apprehended, is subject, by a sentence of aCourt, to imprisonment for a term not extending to tenyears, or if the person was lawfully committed tocustody.218. Whoever, being a public officer legally bound as suchpublic officer to keep in confinement any person charged withor convicted of any offence or lawfully committed to custody,negligently suffers such person to escape from confinement,shall be punished with simple imprisonment for a term whichmay extend to two years, or with fine, or with both.219. Whoever intentionally offers any resistance or illegalobstruction to the lawful apprehension of himself for anyoffence with which he is charged or for which, he has beenconvicted, or escapes or attempts to escape from any custody inwhich he is lawfullyPENAL CODE [Cap. 19351Resistance orobstruction tothe lawfulapprehension ofanother person.Punishment.detained for any such offence, shall be punished withimprisonment of either description for a term which mayextend to two years, or with fine, or with both.Explanation.—The punishment in this section is in addition to thepunishment for which the person to be apprehended or detained incustody was liable for the offence with which he was charged, or ofwhich he was convicted.219A. Whoever intentionally offers any resistance Resistance or or illegalobstruction to the lawful apprehension of iowufcapone-° himself or of any otherperson on any civil process ha ecnisviioln under issued by any competent Court, orwho process escapes or attempts to escape from any custody in which he islawfully detained on such process, or who rescues or attempts to rescue any otherperson from any custody in which that person is lawfully detained on suchprocess, shall be guilty of an offence, and shall on conviction be liable to a fine notexceeding one Punishment hundred rupees, or to simple or rigorousimprisonment for any term not exceeding six months, or toboth.220. Whoever intentionally offers any resistance or illegalobstruction to the lawful apprehension of any other person foran offence, or rescues or attempts to rescue any other personfrom any custody in which that person is lawful detained for anoffence, shall be punished with imprisonment of eitherdescription for a term which may extend to two years or withfine, or with both ; orif the person to be apprehended, or the person rescued, orattempted to be rescued, is charged with or liable tobe apprehended for an offence punishable withimprisonment for a term which may extend to tenyears, shall be punished with imprisonment of eitherdescription for a term which may extend to threeyears, and shall also be liable to fine ; orif the person to be apprehended or rescued, or attempted tobe rescued, is charged with or liable to beapprehended for an offence punishable with death,shall be punished with imprisonment of eitherdescription for a term which may extend to sevenyears, and shall also be liable to fine ; orcap. 19] PENAL CODE352Resistance,obstruction,escape or rescuein cases nototherwise provided for.Escape fromlawful custody.Violation ofcondition ofremission ofpunishment.if the person to be apprehended or rescued, orattempted to be rescued, is liable, under the sentence of aCourt, or by viture of a commutation of such a sentence, toimprisonment for a term of ten years or upwards, shall bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable tofine ; orif the person to be apprehended or rescued, orattempted to be rescued, is under sentence of death, shall bepunished with imprisonment of either description for a termnot exceeding ten years, and shall also be liable to fine.220A. Whoever, in any case not provided for in sections 219, 219A,220 or in any other law for the time being in force, intentionally offersany resistance or illegal obstruction to the lawful apprehension of himselfor of any other person, or escapes or attempts to escape from any custodyin which he is lawfully detained, or rescues or attempts to rescue anyother person from any custody in which that person is lawfully detained,shall be punished with imprisonment of either description for a termwhich may extend to six months, or with fine, or with both.221. Whoever escapes or attempts to escapefrom any custody in which he is lawfully detained for failing to furnishgood security for the peace or good behaviour, shall be punished withimprisonment of either description for a term which may extend to oneyear, or with fine, or with both.222. Whoever, having accepted anyconditional pardon or remission of punishment, knowingly violates anycondition on which such remission was granted, shall, if his originalsentence is one of death, be punished with imprisonment of eitherdescription which may extend to twenty years, and if his originalsentence be not one of death, be punished with the punishment to whichhe was originally sentenced if he has already suffered no part ofpunishment, and if he has suffered any part of the punishment,PENAL CODE [Cap. 19353Intentionalinsult orinterruption of apublic officer,sitting in anystage of ajudicialproceeding.Meaning of”coin” and “currentcoin”.[§ 2,6 of 1968.]then with so much of that punishment as he has not alreadysuffered.223. Whoever intentionally offers any insult or causes anyinterruption to any public officer, while such public officer issitting in any stage of a judicial proceeding, shall be punishedwith simple imprisonment for a term which may extend to sixmonths, or with fine which may extend to one thousand rupees,or with both.224. Whoever, by personation or otherwise, shallpfajuro’r’oT intentionally cause or knowingly suffer himself to be assessor.returned, empanelled, or sworn as juryman or assessor in any case in whichhe knows that he is not entitled by law to be so returned, empanelled or sworn,or knowing himself to have been so returned, empanelled, or sworn contraryto law, shall voluntarily serve on such jury or as such assessor, shall bepunished with imprisonment of either description for a term which mayextend to two years, or with fine, or with both.CHAPTER XIIOF OFFENCES RELATING TO COIN ANDGOVERNMENT STAMPS225. “Coin” is a metal used as money stamped and issuedby the authority of the Government of Ceylon or under theMonetary Law Act (Chapter 422), or any enactment inoperation for the time being relating to the issue of coins in SriLanka or by the authority of the Government of any foreigncountry in order to be so used.”Current coin” means coin which is lawfully current in SriLanka or in any foreign country.Illustrations(a) Cowries are not coin.(b) Lumps or bars of unstamped metal, though used asmoney, are not coin.(c) Medals are not coin, inasmuch as they are not intendedto be used as money.Cap. 19] PENAL CODE354Counterfeitingcoin.Counterfeitingcurrent coin.[§ 3, 54 of 1939.]Making or sellinglnstru- mentforcounterfeitingcoin.Making or selliginstrument forcounterfeitingcurrent coin.[§3,54 of 1939.]Possession ofinstrument ormaterial for thepurpose of usingthe same forcounterfeitingcoin.[§3, 54 of 1939.]226. Whoever counterfeits or knowingly performs anypart of the process of counterfeiting coin shall be punished withimprisoment of either description for a term which mayextened to seven years, and shall also be liable to fine.Explanation—A person commits this offence who, intending topractise deception, or knowing it to be likely that deception willthereby be practised, causes a genuine coin to appear like adifferent coin.227. Whoever counterfeits or knowingly performs anypart of the process of counterfeiting current coin shall bepunished with imprisonment of either description for a termwhich may extend to ten years, and shall also be liable to fine.228. Whoever makes or mends, or performs any part ofthe process of making or mending, or buys, sells, or disposes ofany die or instrument for the purpose of being used, orknowing or having reason to believe that it is intended to beused, for the purpose of counterfeiting coin, shall be punishedwith imprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.229. Whoever makes or mends, or performs any part ofthe process of making or mending or buys, sells, or disposes ofany die or instrument for the purpose of being used, orknowing or having reason to believe that it is intended to beused, for the purpose of counterfeiting current coin, shall bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable tofine.230. Whoever is in possession of any instrument ormaterial for the purpose of using the same for counterfeitingcoin, or knowing or having reason to believe that the same isintended to be used for that purpose, shall be punished withimprisonment of either description for a term which mayextend to three years, and shall also be liable to fine ;and if the coin to be counterfeited is current coin, shall bepunished with imprisonment of either description for a termwhich may extend to ten years, and shall also be liable to fine.PENAL CODE [Cap. 19355Abetting inSri Lanka, thecounterfeiting outof Sri Lanka ofcoin.Import orexport ofcounterfeitcoin.Import or export ofcounterfeit ofcurrent coin.[§4, 54 of 1939.]Delivery toanother ofcounterfeit coinpossessed with theknowledgethat it iscounterfeit.Delivery ofcurrent coinpossessed withthe knowledgethat it is .counterfeit.[§ 5, 54 of 1939.]Delivery toanother of coinasgenuine whichwhen firstpossessed thedeliverer didnot know to becounterfeit.231. Whoever, being within Sri Lanka, abets thecounterfeiting of coin out of Sri Lanka, shall be punished in thesame manner as if he abetted the counterfeiting of such coinwithin Sri Lanka.232. Whoever imports into Sri Lanka, or exports therefrom any counterfeit coin, knowing or having reason to believethat the same is counterfeit, shall be punished withimprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.233. Whoever imports into Sri Lanka, or exports therefrom, any counterfeit current coin, knowing or having reasonto believe that the same is counterfeit, shall be punished withimprisonment of either description for a term which mayextend to ten years, and shall also be liable to fine.234. Whoever, having any counterfeit coin, which at thetime he became possessed of it he knew to be counterfeit,fraudulently, or with intent that fraud may be committed,delivers the same to any person, or attempts to induce anyperson to receive it, shall be punished with imprisonment ofeither description for a term which may extend to five years,and shall also be liable to fine.235. Whoever, having any counterfeit current coin, whichat the time he became possessed of it he knew to be counterfeit,fraudulently, or with intent that fraud may be committed,delivers the same to any person or attempts to induce anyperson to receive it, shall be punished with imprisonment ofeither description for a term which may extend to ten years,and shall also be liable to fine.236. Whoever delivers to any other person as genuine, orattempts to induce any other person to receive as genuine, anycounterfeit coin which he knows to be counterfeit, but which hedid not know to be counterfeit at the time when he took it intohis possession, shall be punished with imprisonment of eitherdescription for a term which may extend to twocap. 19] PENAL CODE356Possession ofcounterfeit coinby a personwho knew it tobe counterfeitwhen hebcecamepossessedthereof.Possession ofcounterfeitcurrent coin by aperson who knewit to be counterfeit when hebecame possedhereof.[§ 6,54 of 1939.]Fraudulently ordishonestlydiminishing theweight or alteringthe compositionof any coin.Fraudulently ordishonestlydiminishing theweight or alteringthe composition ofcurrent coin.[§ 7 ,54 of 1939]Alteringappearance ofany coin withintent, that it shallpass as a coin of adifferentdescription.years, or with fine to an amount which may extend to ten timesthe value of the coin counterfeited, or with both.237. Whoever, fraudulently or with intent that fraud maybe committed, is in possession of counterfeit coin, having knownat the time when he became possessed thereof that such coinwas counterfeit, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, andshall also be liable to fine.238. Whoever, fraudulently or with intent that fraud maybe committed, is in possession of counterfeit current coin,having known at the time when he became possessed thereofthat such coin was counterfeit, shall be punished withimprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine.239. Whoever fraudulently or dishonestly performs on anycoin any operation which diminishes the weight or alters thecomposition of that coin, shall be punished with imprisonmentof either description for a term which may extend to threeyears, and shall also be liable to fine.Explanation—A person who scoops out part of the coin and putsanything else into the cavity alters the composition of that coin.240. Whoever fraudulently or dishonestly performs on anycurrent coin any operation which diminishes the weight oralters the composition of that coin, shall be punished withimprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine.241. Whoever performs on any coin any operation whichalters the appearance of that coin with the intention that thesaid coin shall pass as a coin of a different description, shall bepunished with imprisonment of either description for a termwhich may extend to three years, and shall also be liable to fine.PENAL CODE [Cap. 19357Alteringappearance ofcurrent coin withintent that it shallpass as a coin of adifferentdescription.[§7,54 of l939]Delivery toanother oicoin possessedwith theknowledge that itis altered.Delivery ofcoin with theknowledge thatit is altered.Possession ofaltered coin bya person whoknew it to bealtered. when hebecamepossessedthereof.242. Whoever performs on any current coin anyoperation which alters the appearance of that coin with theintention that the said coin shall pass as a coin of a differentdescription, shall be punished with imprisonment of eitherdsecription for a term which may extend to seven years, andshall also be liable to fine.243. Whoever, having coin in his possession with respectto which the offence defined in sections 239 or241 has been committed, and having known at the time whenhe became possessed of such coin that such offence had beencommitted with respect to it, fraudulently, or with intent thatfraud may be committed, delivers such coin to any otherperson, or attempts to induce any other person to receive thesame, shall be punished with imprisonment of eitherdescription for a term which may extend to five years, andshall also be liable to fine.244. Whoever, having coin in his possession with respectto which the offence defined in section 240 or242 has been committed, and having known at the time whenhe became possessed of such coin that such offence has beencommitted with respect to it, fraudulently, or with intent thatfraud may be committed, delivers such coin to any otherperson, or attempts to induce any other person to receive thesame, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shallalso be liable to fine.245. Whoever, fraudulently, or with intent that fraud maybe committed, is in possession of coin with respect to which theoffence defined in either of the sections 239 or 241 has beencommitted, having known at the time of becoming possessedthereof that such offence had been committed with respect tosuch coin, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, andshall also be liable to fine.Cap. 19] PENAL CODE358Possession ofcurrent coin by aperson who knewit to be alteredwhen he becamepossessed thereof.[§ 8,54 of 1939.]Delivery toanother of coinas genuine whichwhen firstpossessed thedeliverer did notknow to bealtered.Counterfeiting aGovernmentstamp.Havingpossession of aninstrument ormaterial for thepurpose ofcounterfeiting aGovernmentstamp.246. Whoever, fraudulently or with intent that fraud may becommitted is in possession of current coin, with respect to which theoffence defined in either of the sections 240 or 242 has been committed,having known at the time of becoming possessed thereof that such offencehad been committed with respect to such current coin, shall be punishedwith imprisonment of either description for a term which may extend tofive years, and shall also be liable to fine.247. Whoever delivers to any other person as genuine, or as a coin ofa different description from which it is, or attempts to induce any personto receive as genuine or as a different coin from which it is, any coin inrespect of which he knows that any such operation as that mentioned insections 239, 240, 241, or 242 has been performed, but in respect of whichhe did not at the time when he took it into his possession know that suchoperation had been performed, shall be punished with imprisonment ofeither description for a term which may extend to two years, or with fineto an amount which may. extend to ten times the value of the coin forwhich the altered coin is passed or attempted to be passed.248 .* Whoever counterfeits, or knowingly performs any part of theprocess of counterfeiting, any stamp issued by Government for thepurpose of revenue, shall be punished with imprisonment of eitherdescription for a term which may extend to fifteen years, and shall also beliable to fine.Explanation—A person commits this offence who counterfeits bycausing a genuine stamp of one„ denomination tjataoppear like a genuinestamp of a different denomi-249. * Whoever has in his possession any instrument or material forthe purpose ofbeing used, or knowing or having reason to believe that it isintended to be used, for the purpose of counterfeiting any stampSections 248 to 256 apply to Savings Stamps in like manner as thoseprovisions apply to stamps issued by the Government for purposesof revenue.-Section 74 (3) of the National Savings Bank Act.PENAL CODE [Cap. 19359Making or sellinginstrumentfor thepurpose ofcounterfeiting aGovernmentstamp.Sale ofcounterfeitGovernmentstamp.Havingpossession of acounterfeitGovernmentstamp.Uaing asgenuine aovernmentstamp known tobecounterfeit.issued by Government for the purpose of revenue shall bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.250. 3 Whoever makes, or performs any part of the processof making, or buys, or sells, or disposes of any instrument forthe purpose of being used, or knowing or having reason tobelieve that it is intended to be used, for the purpose ofcounterfeiting any stamp issued by Government for theporpose of revenue, shall be punished with imprisonment ofeither description for a term which may extend to seven years,and shall also be liable to fine.251. * Whoever sells, or offers for sale, any stamp which heknows or has reason to believe to be a counterfeit of any stampissued by Government for the purpose of revenue, shall bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.252. * Whoever has in his possession any stamp whichhe knows to be a counterfeit of any stamp issued byGovernment for the purpose of revenue intending to use ordispose of the same as a genuine stamp, or in order that it maybe used as a genuine stamp, shall be punished withimprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine.253. * Whoever uses as genuine any stamp, knowing it to bea counterfeit of any stamp issued by Government for thepurpose of revenue, shall be punished with imprisonment ofeither description for a term which may extend to seven years,or with fine, or with both. 3 Sections 248 to 256 apply to Savings Stamps in like manner as those provisionsapply to stamps issued by the Government for purposes of revenue.-Secdon74 (3) of the National Savings Bank Act.Cap. 19] PENAL CODE360Effacing anywriting from asubstancebearing aGovernnmentstamp orremoving froma docu-. ment astamp used for itwith intent tocause loss toGovernment.UsingGovernmentstamp known tohave been beforeused.254. 4 Whoever, fraudulently or with intent to cause loss tothe Government, removes or effaces from any substance bearingany stamp issued by Government for the puropse of revenue anywriting or document for which such stamp has been used, orremoves from any writing or document a stamp which has beenused for such writing or document, in order that such stampmay be used for a different writing or document, shall bepunished with imprisonment of either description for a termwhich may extend to three years, or with fine, or with both.255. * Whoever, fraudulently or with intent to cause loss tothe Government, uses for any purpose a stamp issued byGovernment for the purpose of revenue, which he knows to havebeen before used, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine,or with both.Erasure of 256. * Whoever, fraudulently or with intent to causeftatktdmn hag loss to Government, erases or removes from a stamp been used. issuedby Government for the purpose of revenue any mark put or impressed upon suchstamp for the purpose of denoting that the same has been used, or fraudulently orwith such intent alters any such mark, or knowingly has in his possession, or sells,or disposes of, any such stamp from which such mark has been erased or removed,or on which such mark has been altered, or sells or disposes of any such stampwhich he knows to have been used, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or with fine, or with both.Scope of the 256A. In sections 248 to 256, both inclusive, theexpression word “Government” when used in connection with “Government” orin reference to, any stamp issued for the purposein sections 248 of denoting a rate of postage shall, notwithstanding to 256. ___________ 4 Sections 248 to 256 apply to Savings Stamps in like manner as thoseprovisions apply to stamps issued by the Government forpurposes of revenue.-Section 74 (3) of the National SavingsBank Act.PENAL CODE [Cap. 19361Fraudulent use offalse weighing ormeasuringinstrument.[§ 60,37 of 1946]Fraudulentuse of falseweight ormeasure.Being inpossession of falseweights ormeasures.[§60.37 of 1946.]Making or sellingfalse weights ormeasures.[§ 60,37 of 1946.]anything in section 14, be deemed to include Government ofSri Lanka.Explanation-The word “stamp” where used in this Chapterincludes postage stamps.CHAPTER XIIIOF OFFENCES RELATING To WEIGHTS AND MEASURES*257. Whoever fraudulently uses any weighing ormeasuring instrument, which he knows to be false, shall bepunished with imprisonment of either description for a termwhich may extend to one year, or with fine, or with both.*258. Whoever fraudulently uses any false weight or falsemeasure of length or capacity, or fraudulently uses any weightor any measure of length or capacity as a different weight ormeasure from what it is, shall be punished with imprisonmentof either description for a term which may extend to one year,or with fine, or with both.*259. Whoever is in possession of any false weighing ormeasuring instrument, or of any false weight, or of any falsemeasure of length or capacity, intending that the same may befraudulently used, shall be punished with imprisonment ofeither descrip’tion for a term, which may extend to one year,or with fine, or with both.*260. Whoever makes, sells, or disposes of any weighing ormeasuring instrument, or any weight, or any measure of lengthor capacity which he knows to be false, in order that the samemay be used as true, or knowing that the same is likely to beused as true, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or withfine, or with both. 5 5 Sections 257 to 260 are repealed by section 58 of the MeasurementUnits. Standards and Services Act. No. 35 of 1995.(Effective from 01. 01. 1997)Cap. 19] PENAL CODE362Negligent actlikely to spreadinfection of anydiseasedangerous to life.Adulteration offood or drinkwhich isintended forsale.CHAPTER XIVOF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY,AND MORALSPublic 261. A person is guilty of a public nuisance whonuisance. does any act, or is guilty of an illegal omission, whichcauses any common injury, danger, or annoyance to the publicor to the people in general who dwell or occupy property in thevicinity, or which must necessarily cause injury, obstruction,danger, or annoyance to persons who may have occasion to useany public right.A public nuisance is not excused on the ground that it causessome convenience or advantage.262. Whoever unlawfully or negligently does any act which is,and which he knows or has reason to believe to be, likely tospread the infection of any disease dangerous to life, shall bepunished with imprisonment of either description for a termwhich may extend to six months, or with fine, or with both.Malicious act 263. Whoever maliciously does any act which is, and mfectionfanywhich he knows or has reason to believe to be, likely disease 3 to spread theinfection of any disease dangerous to life,dfelgerous to shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, orwith both.Disobedience 264. Whoever knowingly disobeys any rule made Juki. quarantine andpromulgated by Government for putting any vessel into a state of quarantine orfor regulating the intercourse of vessels, in a state of quarantine with the shore orwith other vessels, or for regulating the intercourse between places where aninfectious disease prevails and other places, shall be punished with imprisonmentof either description for a term which may extend to six months, or with fine, orwith both.265. Whoever adulterates any article of food or drink so as tomake such article noxious as food or drink, intending to sellsuch article as food or drink, or knowing it to be likely that thesame will be sold as food or drink, shall be punished withimprisonment of either description for a term which mayextend to six months, or with fine which may extend to onehundred rupees, or with both.PENAL CODE [Cap. 19363Sale ofnoxious food ordrink.Adulteration ofdrugs.Sale ofadulterateddrugs.Sale of any drugas a differentdrug orpreparation.266. Whoever sells, or offers or exposes for sale, as food or drink,any article which has been rendered or has become noxious, or is in astate unfit for food or drink, knowing or having reason to believe that thesame is noxious as food or drink shall be punished with imprisonment ofeither description for a term which may extend to six months, or with finewhich may extend to one hundred rupees, or with both.267. Whoever adulterates any drug or medical preparation insuch a manner as to lessen the efficacy or change the operation of suchdrug or medical preparation, or to make it noxious intending that it shallbe sold or used for, or knowing it to be likely that it will be sold or usedfor, any medicinal purpose, as if it had not undergone such adulteration,shall be punished with imprisonment of either description for a termwhich may extend to six months, or with fine which may extend to onehundred rupees, or with both.268. Whoever knowing any drug or medical preparation to havebeen adulterated in such a manner as to lessen its efficacy, to change itsoperation, or to render it noxious, sells the same, or offers or exposes itfor sale, or issues it from any dispensary for medicinal purposes asunadulterated, or causes it to be used for medicinal purposes by anyperson not knowing of the adulteration, shall be punished withimprisonment of either description for a term which may extend to sixmonths, or with fine which may extend to one hundred rupees, or withboth.269. Whoever knowingly sells, or offers or exposes for sale, orissues from a dispensary for medicinal purposes, any drug or medicalpreparation as a different drug or medical preparation, shall be punishedwith imprisonment of either description for a term which may extend tosix months, or with fine which may extend to one hundred rupees, or withboth.Cap. 19] PENAL CODE364Fouling thewater Of apublic spring orreservoir.Makingatmospherenoxious tohealth.Rash driving orriding on apublic way.Rashnavigation of avessel.Exhibition of afalse light, mark,or buoy.Conveyingperson by waterfor hire in avesseloverloaded orunsafe.270. Whoever voluntarily corrupts orfouls the water of any public spring or reservoir, so as to renderit less fit for the purpose for which it is ordinarily used, shall bepunished with imprisonment of either description for a termwhich may extend to three months, or with fine which mayextend to fifty rupees, or with both.271. Whoever voluntarily vitiates theatmosphere in any place so as to make it noxious to the health ofpersons in general dwelling or carrying on business in theneighbourhood or passing along a public way, shall be punishedwith fine which may extend to one hundred rupees.272. Whoever drives any vehicle, orrides, on any public way, in a manner so rash or negligent as toendanger human life, or to be likely to cause hurt or injury toany other person, shall be punished with imprisonment ofeither description for a term which may extend to six months,or with fine which may extend to one hundred rupees, or withboth.273. Whoever navigates any vessel in amanner so rash or negligent as to endanger human life, or to belikely to cause hurt or injury to any other person, shall bepunished with imprisonment of either description for a termwhich may extend to six months, or with fine which may extendto one hundred rupees, or with both.274. Whoever exhibits any false light,mark, or buoy, intending or knowing it to be likely that suchexhibition will mislead any navigator, shall be punished withimprisonment of either description for a term which mayextend to seven years, or with fine, or with both.275. Whoever knowingly or negligentlyconveys or causes to be conveyed for hire any person by waterin any vessel, when that vessel is in such a state or so loaded asto endanger the life of that person, shall be punished withimprisonment of either description for a term which mayextend to six months, or with fine which may extend to onehundred rupees, or with both.PENAL CODE [Cap. 19365Danger orobstruction in apublic way orline ofnavigation.Negligentconduct withpespect to anypoisonoussubstance.Negligentconduct withrespect to anyfine or cornbustible matter.Negligentconduct withrespect to anyexplosivesubstance.276. Whoever, by doing any act, or by omitting to takeorder with any property in his possession or under his charge,causes danger, obstruction, or injury to any person in anypublic way or public line of navigation, shall be punished withfine which may extend to one hundred rupees.277. Whoever does, with any poisonous substance, any actin a manner so rash or negligent as to endanger human life, orto be likely to cause hurt or injury to any other person,or knowingly or negligently omits to take such order withany poisonous substance in his possession as issufficient to guard against any probable danger tohuman life from such poisonous substance,shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine which mayextend to one hundred rupees, or with both.278. Whoever does, with fire or any combustible matter,any act so rashly or negligently as to endanger human life, or tobe likely to cause hurt or injury to any other person,or knowingly or negligently omits to take such order withany fire or any combustible matter in his possessionas is sufficient to guard against any probable dangerto human life or hurt or injury to any other personfrom such fire or cumbustible matter,shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine which mayextend to one hundred rupees, or with both.279. Whoever does, with any explosive substance, any actso rashly or negligently as to endanger human life, or to belikely to cause hurt or injury to any other person,Cap. 19] PENAL CODE366Negligentconduct withrespect to anymachinery in thepossession orunder the chargeof the offender.Negligencewith respect topulling downor repairingbuildings.Negligencewith respect toany animal.Punishment farpublic nuisanceincases nototherwiseprovidedfor.or knowingly or negligently omits to takesuch order with any explosive substance in hispossession as is sufficient to guard against anyprobable danger to human life from that substance,shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine which mayextend to one hundred rupees, or with both.280. Whoever does, with any machinery,any act so rashly or negligently as to endanger human life, or tobe likely to cause hurt or injury to any other person,or knowlingly or negligently omits to takesuch order with any machinery in his posession orunder his care as is sufficient to guard against anyprobable danger to human life from such machinery,shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine which mayextend to one hundred rupees, or with both.281. Whoever, in pulling down orrepairing any building knowingly or negligently omits to takesuch order with that building as is sufficient to guard againstany probable danger to human life from the fall of thatbuilding, or of any part thereof, shall be punished withimprisonment of either description for a term which mayextend to six months, or with fine which may extend to onehundred rupees, or with both.282. Whoever knowingly or negligentlyomits to take such order with any animal in his possession as issufficient to guard against any probable danger to human life,or any probable danger of grievous hurt from such animal,shall be punished with imprisonment of either description for aterm which may extend to six months, or with fine which mayextend to one hundred rupees, or with both.283. Whoever commits a public nuisancein any case not otherwise punishable by this Code shall bepunished with fine which may extend to fifty rupees,PENAL CODE [Cap. 19or with imprisonment of either description which may extend tothree months, or with both.284. Whoever repeats or continues a public nuisance havingbeen enjoined by any public officer who has lawful authority toissue such injunction not to repeat or continue such nuisance,shall be punished with simple imprisonment for a term whichmay extend to six months, or with fine, or with both.285. Whoever sells or distributes, imports, or prints for saleor hire, or wilfully exhibits to public view, any obscene book,pamphlet, paper, drawing, painting, photograph,representation, or figure, or attempts or offers so to do, shall bepunished with imprisonment of either description for a termwhich may extend to three months, or with fine, or with both.286. Whoever has in his possession any such obscene book orother thing as is mentioned in the last preceding section for thepurpose of sale, distribution, or public exhibition, shall bepunished with imprisonment of either description for a termwhich may extend to three months, or with fine, or with both.Continuance ofnuisance afterinjunction todiscontinue.Sale, &c., ofobscenebooks,&c.Having inpossessionobscencebooks, &c.,for sale orexhibition.364APENAL CODE [Cap.19364BObscenepublication, exhibition &c. relating tochildren.[§ 2,22 of 1995. ]286 A. (1) Any person who-(a) hires, employs, assists, persuades, uses, inducesor coerces, any child to appear or perform, inany obscene or indecent exhibition or show orto pose or model for, or to appear in, anyobscene or indecent photograph or film or whosells or distributes, or otherwise publishes, orhas in his possession, any such photograph orfilm; or(b) being the parent, guardian or person havingthe custody of, a child, causes or allows suchchild to be employed, or to participate, in anyobscene or indecent exhibition or show or topose or model for, or to appear in, any suchphotograph or film as is referred to inparagraph (a);(c) (i) takes, or assists in taking of any indecentphotograph of a child; or(ii) distributes or shows any such photographor any publication containing such photograph ;(iii) has in his possession for distribution orshowing, any such photograph or publication;(iv) publishers or causes to be published, anysuch photograph or publishes or causes tobe published, any advertisement capable ofconveying the message that the advertiseror person named in the advertisementdistributes or shows any such photographor publication or intends to do so,commits the offence of obscene publication and exhibitionrelating to children and shall on conviction be punished withimprisonment of either description for a term not less than twoyears and not exceeding ten years and may also be punishedwith fine.Cap.19] PENAL CODE364 C(2) Any person who, being a developer of photographsor films, discovers that any photograph or film given to him fordeveloping is an indecent or obscene photograph or a film of achild, shall, forthwith on such discovery, inform the officer incharge of the nearest police station that he has in hispossession, such photograph or film.(3) Whoever being a developer of photographs or filmsacts in contravention of the provisions of subsection (2) shall bepunished with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both.(4) in this section-“child ” means a person under eighteen years of age;and”film ” includes any form of video recording.287. Whoever sings, recited, or utters in or near anypublic place, any obscene song, ballad, or words to theannoyance of others, shall be punished with imprisonment ofeither description for a term which may extend to threemonths, or with fine, or with both.288. * (1) Whoever causes or procures a child to be in anystreet, premises or place for the purposes of begging orreceiving alms, or of inducing the giving of alms (whether ornot there is any pretence of singing, playing, performing,offering anything for sale or otherwise), shall on conviction bepunished with imprisonment of either description for a termnot exceeding five years and may also be liable to a fine.(2) In this section “child” means a person under eighteenyears of age.288A. (1) Whoever knowingly, hires, employs, persuades,uses, induces or coerces a child to procure any person for illicitsexual intercourse shall on conviction be punished withimprisonment of either description for a term not less than twoyears and not exceeding five years and may also be liable to afine .[§ 2,29 of 1998.][§ 2,29 of 1998. ][§ 2,29 of 1998. ]Obsence songs.Causing or procuringchildren to beg.[§3,29 of 1998.]Hiring or employing children to actas procurers forsexual intercouse.[ § 3, 29 of 1998.]*Section 288 is repealed by section 10 of Ordinance No.6 of 1944, andreplaced by section 3 ofAct No. 29 of 1998.PENAL CODE [Cap.19365Hiring or employingchildren to traffic inrestricted articles.[ § 3,29 of 1998.]Wilful omission ofstatutory duty.(2) In this section “child” means a person under eighteenyears of age.288B. (1) Whoever knowingly , hires, employs, persuades,uses, induces or coerces a child to traffic in any restrictedarticle shall on conviction be punished with imprisonment ofeither description for a term not less than five years and notexceeding seven years and may also be liable to a fine .(2) In this section-“child” means a person under eighteen years of age;”restricted article” has the meaning assigned to it by thePoisons, Opium and Dangerous Drugs Ordinance(Chapter 218);”trafficking” includes selling, giving, procuring, storing,administering, transporting, sending, delivering ordistributing.289. Whoever wilfully neglects or omits to perform anyduty imposed upon him by, or wilfully disobeys or infringesany provision of, any enactment or statute heretofore orhereafter to be enacted, for which neglect, omission,disobedience, or infringement no punishment is or shall be bythis Code or any other enactment or statute otherwise speciallyprovided, shall be punished with a fine.Cap. 191 PENAL CODE366Injuring ordefiling a placeOf worship withintent to insultthe religion ofany class.Acts in relation toplaces of worship,&c., with intent toinsult the religionof any class.[§ 2,62 of 1939.]Disturbing areligiousassembly.Uttering words,&c., withdeliberate intent towound religiousfeelings.Deliberate andmalicious actsintended tooutrage religiousfeelings of anyclass, byinsulting itsreligion orreligious beliefs.[ § 2.40 of 1945.]CHAPTER XVOF OFFENCES RELATING To RELIGION290. Whoever destroys, damages, or defiles any place ofworship, or any object held sacred by any class of persons, withthe intention of thereby insulting the religion of any class ofpersons or with the knowledge that any class of persons is likelyto consider such destruction, damage, or defilement as an insultto their religion, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine, or with both.290A. Whoever does any act, in or upon, or in the vicinity of,any place of worship or any obj ect which is held sacred or inveneration by any class of persons, with the intention ofwounding the religious feelings of any class of persons of with theknowledge that any class of persons is likely to consider such actas an insult to their religion, shall be punished with imprisonment of either description for a term which may extend toone year, or with fine, or with both.291. Whoever voluntarily causes disturbance to anyassembly lawfully engaged in the performance of religiousworship or religious ceremonies shall be punished withimprisonment of either description for a term which may extendto one year, or with fine, or with both.291A. Whoever, with the deliberate intention of woundingthe religious feelings of any person, utters any word or makesany sound in the hearing of that person, or makes any gesture inthe sight of that person, or places any object in the sight of thatperson, shall be punished with imprisonment of eitherdescription for a term which may extend to one year, or withfine, or with both.291B. Whoever, with the deliberate and malicious intentionof outraging the religious feelings of any class of persons, bywords, either spoken or written, or by visible representations,insults or attempts to insult the religion or the religious beliefs ofthat class, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine, or with both.PENAL CODE [Cap. 19367Trespassingon burialplaces, &c.Culpablehomicide.292. Whoever, with the intention of wounding the feelings ofany person, or of insulting the religion of any person, or with theknowledge that the feelings of any person are likely to bewounded, or that the religion of any person is likely to beinsulted thereby,commits any trespass in any place of worship or on any placeof sepulture or any place set apart for theperformance of funeral rites, or as a depository for theremains of the dead, or offers any indignity to anyhuman corpse, or causes disturbance to any personsassembled for the performance of funeral ceremonies,shall be punished with imprisonment of either description tor aterm which may extend to one year, or with fine, or with both.CHAPTER XVIOF OFFENCES AFFECTING THE HUMAN BODYOF OFFENCES AFFECTING LIFE293. Whoever causes death by doing an act with theintention of causing death, or with the intention of causing suchbodily injury as is likely to cause death, or with the knowledgethat he is likely by such act to cause death, commits the offenceof culpable homicide.Illustrations(a) A lays sticks and turf over a pit, with the intention of therebycausing death, or with the knowledge that death is likely to bethereby caused. Z, believing the ground to be firm, treads on it, fallsin, and is killed. A has committed the offence of culpable homicide.(b) A knows Z to be behind a bush. B does not know it. A intendingto cause, or knowing it to be likely to cause Z’s death, induces B tofire at the bush B fires and kills Z. Here B may be guilty of nooffence; but A has committed the offence of culpable homicide.(c) A by shooting at a fowl with intent to kill and steal it, kills B,who is behind a bush, A not knowing that he was there. Herealthough A was doing an unlawful act, he as not guilty of culpablehomicide, as he did not intend to kill B or to cause death by doingan act that he knew was likely to cause death.Cap. 19] PENAL CODE368Murder.Explanation l.—A person who causes bodily injury to another who islabouring under a disorder, disease, or bodily infirmity, andthereby accelarates the death of that other, shall be deemed tohave caused his death.Explanation 2.—Where death is caused by bodily injury, the personwho causes such bodily injury shall be deemed to have caused thedeath, although by resorting to proper remedies and skillfultreatment the death might have been prevented.Explanatin 3.—The causing of the death of a child in the mother’swomb is not homicide. But it may amount to culpable homicide tocause the death of a living child, if any part of that child has beenbrought forth, though the child may not have breathed or beencompletely born.294. Except in the cases hereinafter excepted, culpable homicide ismurder—Firstly—If the act by which the death is caused is done with theintention of causing death ; orSecondly—If it is done with the intention of causing such bodily injuryas the offender knows to be likely to cause the death of the person towhom the harm is caused; orThirdly—If it is done with the intention of causing bodily injury to anyperson, and the bodily injury intended to be inflicted is sufficient in theordinary course of nature to cause death ; orFourthly—If the person committing the act knows that it is soimminently dangerous that it must in all probability cause death, or suchbodily injury as is likely to cause death, and commits such act without anyexcuse for incurring the risk of causing death or such injury as aforesaid.Illustrations(a) A shoots Z with the intention of killing him. Z dies inconsequence. A commits murder.(b) A knowing that Z is labouring under such a disease that a blowis likely to cause his death, strikes him with the intention ofcausing bodily injury. Z dies in consequence of the blow. A isguilty of murder, although the blow might not have beensufficient in the ordinary course of nature to cause the death ofa person in a sound state of health. But if A, not knowing that Zis lobouring under any disease, gives him such a blow as wouldnot in the ordinary course of nature kill a person in sound stateof health here A, although he may intend to cause bodily injury,is not guilty of murder, if he did not intend to cause death, orsuch bodily injury as in the ordinary course of nature wouldcause death.PENAL CODE [Cap. 19369Whenculpablehomicide isnot murder.(c) A intentionally gives Z a sword-cut or club-wound sufficientto cause the death of a man in the ordinary course of nature. Z diesin consequence. Here A is guilty of murder, ,although he may nothave intended to cause Zs death.(d) A, without any excuse, fires a loaded gun into a crowd ofpersons and kills one of them. A is guilty of murder, although hemay not have had a premeditated design to kill any particularindividual.Explanation 1.—Culpable homicide is not murder if the offender whilstdeprived of the power of self-control by grave and sudden provocation,cause the death of the person who gave the provocation or causes the deathof any other person by mistake or accident.The above exception is subject to the following provisos :—Firstly—That the provocation is not sought or voluntarily provoked bythe offender as an excuse for killing or doing harm to any person.Secondly—That the provocation is not given by anything done inobedience to the law, or by a public officer, in the lawful exercise of thepowers of such public officer:Thirdly—That the provocation is not given by anything done in thelawful exercise of the right of private defence.Explanation.—Whether the provocation was grave and suddenenough to prevent the offence from amounting to murder is aquestion of fact.Illustrations(a) A, under the influence of passion excited by a provocationgiven by Z, intentionally kills Y, Z’s child. This is murder,inasmuch as the provocation was not given by the child, and thedeath of the child was not caused by accident or misfortune indoing an act caused by the provocation.(b) Y gives grave and sudden provocation to A. A, on thisprovocation, fires a pistol at Y, neither intending nor knowinghimself to be likely to kill Z, who is near him, but out of sight. Akills Z. Here A has not committed murder, but merely culpablehomicide.(c) A is lawfully arrested by Z, a Fiscal’s officer, A is excited tosudden and violent passion by the arrest and kills Z. This is murder,inasmuch as the provocation was given by a thing done by a publicofficer in the exercise of his powers.(d) A appears as a witness before Z, a Magistrate. Z says that hedoes not believe a word of A’s deposition, and that A has perjuredhimself. A is moved to sudden passion by these words and kills Z.This is murder.(e) A attempts to pull Z’s nose. Z, in the exercise of the right ofprivate defence, lays hold of A to prevent him from doing so. A ismoved to sudden and violent passion in consequence and kills Z.This is murder, inasmuch as the provocation was given by a thingdone in the exercise of a right of private defence.Cap. 19] PENAL CODE370Culpablehomicide bycausing thedeath of aPerson otherhan theperson whosedeath wasintended.(f) Z strikes B. B is by this provocation excited to violent rage. A, abystander, intending to take advantage of B’s rage and to cause himto kill Z, puts a knife into B’s nand for that purpose. B kills Z withthe knife. Here B may have commitrted culpable homicide, but Ais guilty of murder.Exception 2.—Culpable homicide is not murder if the offender, in theexercise in good faith of the right of private defence of person or property,exceeds the power given to him by law, and causes the death of the personagainst whom he is exercising such right of defence withoutpremeditation and without any intention of doing more harm than isnecessary for the purpose of such defence.IllustrationZ attempts to horse-whip A not in such a manner as to cause grievoushurt to A. A draws out a pistol. Zersists in the assault. A, believing in good faith that e can by noother means prevent himself from being horse-whipped, shoots Zdead. A has not committed murder, but only culpable homicide.Exception 3.—Culpable homicide is not murder if the offender, being apublic officer or aiding a public officer acting for the advancement of-public justice, exceeds the powers given to him by law, and causes deathby doing an act which he, in good faith, believes to be lawful andnecessary for the due discharge of his duty as such public officer andwithout’ ill-will towards the person whose death is caused.Exception 4.—Culpable homicide is not murder if it is committedwithout premeditation in a sudden fight in the heat of passion upon asudden quarrel, and without the offender having taken undue advantage oracted in a cruel or unusual manner.Explanation.—It is immaterial in such cases which party offers theprovocation or commits the first assault.[§3, 62of 1939.] Expiation 5. ————- Culpable homicide is not murder if theoffender, being the mother of a child under the age of twelve months,causes its death whilst the balance of her mind is disturbed by reason ofher not having fully recovered from the effect of giving birth to the childor by reason of the effect of lactation consequent upon the birth of thechild.295. If a person, by doing anything which he intends orknows to be likely to cause death, commits culpable homicideby causing the death of any person whose death he neitherintends nor knows himself to be likely to cause, the culpablehomicide committed by the offender is of the description ofwhich it would have been if he had caused the death of theperson whose death he intended or knew himself to be likely tocause.hpPENAL CODE [Cap, 19371296. Whoever commits murder shall be punished withdeath.297. Whoever commits culpable homicide not amounting tomurder shall be punished with imprisonment of eitherdescription for a term which may extend to twenty years, andshall also be liable to fine, if the act by which the death is causedis done with the intention of causing death, or of causing suchbodily injury as is likely to cause death ;or with imprisonment of either description for a term whichmay extend to ten years, or with fine, or with both, ifthe act is done with the knowledge that it is likely tocause death, but without any intention to cause death,or to cause such bodily injury as is likely to causedeath.298. Whoever causes the death of any person by doing anyrash or negligent act not amounting to culpable homicide shall bepunished with imprisonment of either description for a termwhich may extend to five years, or with fine, or with both.299. If any person commits suicide, whoever abets thecommission of such suicide shall be punished with death.300. Whoever does any act with such intention or knowledgeand under such circmustances that if he by that act caused deathhe would be guilty of murder, shall be punished withimprisonment of either description for a term which may extendto ten years, and shall also be liable to fine; and if hurt is causedto any person by such act, the offender shall be liable toimprisonment of either description for a term which may extendto twenty years, and shall also be liable to fine.Punishmentfor murder.Punishment forculpablehomicide notamounting tomurder.Causing death bynegligence.Abetment ofsuicide.Attempt tomurder.Illustrations(a) A shoots at Z with intention to kill him under suchcircumstances that, if death ensued, A would be guilty ofmurder. A is liable to puniabment under this section.Cap.19] PENAL CODE372Attempt tocommitculpablehomicide.Causingmiscarriage.(b) A, with the intention, of causing the death of a, childon tender years, exposes it in a desert place. A has committedthe offence defined by this section, though the death of thechild does not ensue.(c) A, intending to murder Z, buys a gun and loads it.A has not yet committed the offence. A fires the gun at Z Hehas committed the offence defined in this section; and if bysuch firing he wounds Z, he is liable to the punishmentprovided by the latter part of this section.(d) A, intending to murder Z by poison, purchases poisonand mixes the same with food which remains in A’s keeping. Ahas not yet committed the offence defined in this section. Aplaces the food on Z’s table or delivers it to Z’s servants to placeit on Z’s table. A has committed the offence defined in thissection.301. Whoever does any act with such intention or knowledge andunder such circumstances, that if he by that act caused death he would beguilty of culpable homicide not amounting to murder, shall be punishedwith imprisonment of either description for a term which may extend tothree years or with fine, or with both ; and if hurt caused to any person bysuch act, shall be punished with imprisonment of either description for aterm which may extend to seven years, or with fine. or with both.IllustrationsA, on grave and sudden provocation, fires a pistol at Z, under suchcircumstances that if he thereby caused death he would be guilty ofculpable homicide not amounting to murder. A has committed theoffence defined in this section.OF THE CAUSING OF MISCARRIAGE, OR INJURIES TO UNBORN CHILDREN,OF THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS303*. Whoever voluntarily causes a woman with child to miscarryshall, if such miscarriage be not caused in good faith for the purpose ofsaving the life^Section 302 is repealed by section 4 of Act No. 29 of 1998.PENAL CODE [Cap.19373Causingmiscarriagewithoutwoman’sconsent.Act done withintent to prevent achild being bornalive or to cause itto die after birth.Causing death of aquick unbornchild by an actamounting toculpablehomicide.of the woman, be punished with imprisonment of either description for aterm which may extend to three years, or with fine, or with both ; and ifthe woman be quick with child, shall be punished with imprisonment ofeither description for a term which may extend to seven years, and shallalso be liable to fine.Explanntion.—A woman who . causes herself to miscarry is within themeaning of this section.304. Whoever commits the offence defined in the last precedingsection without the consent of the woman, whether the woman is quick withchild or not, shall be punished with imprisonment of either description for aterm which may extend to twenty years, and shall also be liable to fine.305. Whoever, with intent to cause the miscarriage Deathcaused of awoman with child, does any act which causes the bonanwith death of such woman, shall bepunished with imprison- intent to ment of either description for a term which may^scaim^extend to twenty years, and shall also be liable to fine.Explanation.—It is not essential to this offence that the offendershould know that the act is likely to cause death. 3306. Whoever, before the birth of any child, does any act with theintention of thereby preventing that child from being born alive, orcausing it to die after its birth, and does by such act prevent that childfrom being born alive, or causes it to die after its birth, shall, if such act benot caused in good faith for the purpose of saving the life of the mother,be punished with imprisonment of either description for a term whichmay extend to ten years, or with fine, or with both.307. Whoever, does any act under such circumstances that if hethereby caused death he would be guilty of culpable homicide, and doesby such act cause the death of a quick unborn child, shall be punishedwith imprisonment of either description for a term which may extend toten years, and shall also be liable to fine.Cap. 19] PENAL -CODE374Exposure andabandonmentof a child undertwelve yearsby parent orperson havingcare ofit.Concealmentof birth bysecretdisposal ofdead body.” Causehurt”.IllustrationA, knowing that he is fikely to cause thedeath of a pregnant woman, does an act which, if it caused thedeath of the woman, would amount to culpable homicide. Thewoman is injured, but does not die ; but the death of an unbornquick child with which she is pregnant is thereby caused. A isguilty of the offence defined in’ this tection.308. Whoever, being the father or mother of a child underthe age of twelve years, or having the care of such child, shallexpose or leave such child in any place with the intention ofwholly abandoning such child, shall be punished withimprisonment of either description for a term which mayextend to seven years, or with fine, or with both.Explanation.—This section is notintended to prevent the trial of the offender for murder or culpablehomicide, as the case may be, if the child die in consequence of theexposure.Cruelty to children. 308 A. (1) Whoever, having the custody, charge orcare of any person under eighteen years of age, wilfully [§3,22of1″ 5] assaults, ill-treats, neglects, or abandons such person or causes or procuressuch person to be assaulted, ill-treated neglected, or abandoned in a manner likely tocause him suffering or injury to health (including injury to, or loss of, sight athearing, or limb or organ of the body or any mental derangement), commits theoffence of cruelty to children.(2) Whoever commits the offence of cruelty to childrenshall on conviction be punished with imprisonment of eitherdescription for a term not less than two years and notexceeding ten years and may also be punished with fine andbe ordered to pay compensation of an amount determined bycourt to the person in respect of whom the offence wascommitted for the injuries caused to such person.309. Whoever, by secretly burying or otherwise disposing ofthe dead body of a child, whether such child die before or afteror during its birth, intentionally conceals or endeavours toconceal the birth of such child, shall be punished withimprisonment of either description for a term which may extendto two years, or with fine, or with both.OF HURT3101 Whoever causes bodily pain, disease, or infirmity to anyperson is said to ” cause hurt.PENAL CODE [Cap. 19374A”Grivoushurt”. [§4, 22″grievous”:311. The following kinds of hurt only are designated as- of 1995.](a) emasculation;(b) permanent privation or impairment of the sightof either eye;(c) permanent privation or impairment of the hearing of either ear;(d) privation of any member or joint;(e) destruction or permanent impairment of the powers of any member or joint;(f) permanent disfiguration of the head or face ;(g) cut or fracture, of bone, cartilege or tooth ordislocation or subluxation, of bone, joint or tooth;(h) any injury, which endangers life or in consequence of which an operation involving theopening of the thoracic, abdominal or cranialcavities is performed;(i) any injury which causes the sufferer to be in severe bodily pain or unable to follow his ordinarypursuits, for a period of twenty days eitherbecause of the injury or any operationnecessitated by the injury .PENAL CODE [Cap.19375″Voluntarilycausinghart”.”Voluntarilycausinggrievousurt”.Punishment forvoluntarilycausing hurt.Voluntarilycausing hurt bydangerousweapons ormeans.312. Whoever does any act with the intention of therebycausing hurt to any person, or with the knowledge that he islikely thereby to cause hurt to any person, and does therebycause hurt to any person, is said “voluntarily to cause hurt”.313. Whoever voluntarily causes hurt, if the hurt which heintends to cause or knows himself to be likely to cause isgrievous hurt, and if the hurt which he causes is grievous hurt,is said “voluntarily to cause grievous hurt”.Explanation—A person is not said voluntarily to cause grievous hurtexcept when he both causes grievous hurt and intends to knowshimself to be likely to cause grievous hurt. But he is said voluntarilyto cause grievous hurt if, intending or knowing himself to be likely tocause grievous hurt of one kind, he actually causes grievous hurt ofanother kind,IllustrationA, intending or knowing himself to be likely permanently to disfigureZ’s face, gives Z a blow which does not permanently disfigure Z’sface, but which causes Z to suffer severe bodily pain for the space oftwenty days. A has voluntarily caused grievous hurt.314. Whoever, except in the case provided for by section325, voluntarily causes hurt shall be punished withimprisonment of either description for a term which mayextend to one year, or with fine which may extend to onethousand rupees, or with both.315. Whoever, except in the case provided for by section325, voluntarily causes hurt by means of any instrument forshooting, stabbing, or cutting, or any instrument which, used asa weapon of offence, is likely to cause death, or by means of fireor any heated substance, or by means of any poison or anycorrosive substance, or by means of any explosive substance, orby means of any substance which it is deleterious to the humanbody to inhale, to swallow, or to receiveCap. 191 PENAL CODE376Punishment forvoluntarilycausing grievoushurt.Voluntarilycausinggrievouse hurtby dangerousweapons ormeans.Voluntarilycausing hurt toextortproperty, or toconstrain to anillegal act.Causing hurt bymeans ofpoison, &c,,with intent tocommit anoffence.into the blood, or by means of any animal, shall be punishedwith imprisonment of either description for a term which mayextend to three years, or with fine, or with both.316. Whoever, except in the caseprovided for by section 326, voluntarily causes grievous hurtshall be punished with imprisonment of either description for aterm which may extend to seven years, and shall also be liable tofine; and if the person to whom the grievous hurt is caused shallbe a woman or a child, may in addition be punished withwhipping.317. Whoever, except in the caseprovided for by section 326, voluntarily causes grievous hurt bymeans of any instrument for shooting, stabbing or cutting, orany instrument which used as a weapon of offence, is likely tocause death, or by means of fire or any heated substance, or bymeans of any poison or any corrosive substance, or by means ofany explosive substance, or by means of any substance which itis deleterious to the human body to inhale, to swallow, or toreceive into the blood, or by means of any animal, shall bepunished with imprisonment of either description for a termwhich may extend to ten years, and shall also be liable to fine;and if the person to whom the grievous hurt is caused shall be awoman or a child, may in addition be punished with whipping.318. Whoever, voluntarily causes hurtfor the purpose of extorting from the sufferer or from anyperson interested in the sufferer, any property or valuablesecurity, or of constraining the sufferer or any person interestedin such sufferer to do anything which is illegal .or which mayfacilitate the commission of an offence, shall be punished withimprisonment of either description for a term which mayextend to ten years, and shall also be liable to fine.319. Whoever administers to, orcauses to be taken by any person any poison or any stupefying,intoxicating, or unwholesome drug or other thing, with intent tocause hurt to such person, or with intent to commit or tofacilitate the commission of an offence, or knowing it to be likelythat he will thereby causePENAL CODE [Cap. 19377Voluntarilycausinggrievous hurtto extortproperty or tocostrain to anillegal act.Voluntarilycausing hurt toextortconfession or tocompelrestoration ofproperty.Voluntarilycausinggrievous hurt toextortconfession, or tocompelrestoration ofproperty.hurt, shall be punished with imprisonment of either description for aterm which may extend to ten years, and shall also be liable to fine.320. Whoever voluntarily causes grievous hurt for the purposeof extorting from the sufferer, or from any person interested in thesufferer, any property or valuable security, or of constraining thesufferer or any person interested in such sufferer to do anything whichis illegal, or which may facilitate the commission of an offence, shall bepunished with imprisonment of either description for a term which mayextend to twenty years, and shall also be liable to fine or to whipping.321. Whoever voluntarily causes hurt for the purpose ofextorting from the sufferer, or from any person interested in thesufferer, any confession or any information which may lead to thedetection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or tocause the restoration of any property or valuable security, or to satisfyany claim or demand, or to give information which may lead to therestoration of any property or valuable security, shall be punished withimprisonment of either description for a term which may extend toseven years, and shall also be liable to fine.Illustrations(a) A, a police officer tortures Z in order to induce Z toconfess that he committed a crime. A is guilty of an offenceunder this section.(b) A, a police officer, tortures B to induce him to pointout where certain stolen property is deposited. A is guilty of anoffence under this section.(c) A, a revenue officer, tortures Z in order to compelhim to pay certain arrears of revenue due from Z, A is guilty ofan offence under this section.(d) A, a landowner, tortures his tenant in order to compel him to pay his rent. A is guilty of an offence under thissection.322. Whoever voluntarily causes grievous hurt for the purpose ofextorting from the sufferer, or from any person interested in the sufferer,any confession or any information which may lead to the detection of anoffence or misconduct, or for the purpose of constraining the sufferer, orany person interested in the sufferer,cap. 19] PENAL CODE378Volantarilycausing hurtto deterpublicSfEcer fromis duty.Voluntarilycausing grievous hurt todeter publicofficer fromhis duty.Voluntarilycausing hurtonprovocation.Voluntarilycausinggrievous urtonprovocation.to restore or to cause the restoration of any property or valuablesecurity, or to satisfy any claim or demand, or to giveinformation which may lead to the restoration of any propertyor valuable security shall be punished with imprisonment ofeither description for a term which may extend to ten years, andshall also be liable to fine.323. Whoever voluntarily causes hurt toany person, being a public officer in the discharge of his duty assuch public officer, or with intent to prevent or deter that personor any other public officer from discharging his duty as suchpublic officer, or in consequence of anything done or attemptedto be done by that person in the lawful discharge of his duty assuch public officer, shall be punished with imprisonment ofeither description for a term which may extend to three years, orwith fine, or witti both.324. Whoever voluntarily causes grievoushurt to any person, being a public officer in the discharge of hisduty as such public officer, or with intent to prevent or deterthat person or any other public officerfrom discharging his duty as such public officer, or inconsequence of anything done or attempted to be done by thatperson in the lawful discharge of his duty as such public officer,shall be punished with imprisonment of either description for aterm which may extend to ten years, and shall also be liable tofine.325. Whoever voluntarily causes hurt ongrave and sudden provocation, if he neither intends nor knowshimself to be likely to cause hurt to any person other than theperson who gave the provocation, shall be punished withimprisonment of either description for a term which may extendto one month, or with fine which may extend to fifty rupees, orwith both.326. Whoever voluntarily causesgrievous hurt on grave and sudden provocation, if he neitherintends nor knows himself to be likely to cause grievous hurt toany person other than the person who gave the provocation,shall be punished with imprisonment of eitherPENAL CODE [Cap. 19379Punishment foract whichendangers life orthe personalsafety of others.Causing hurtby an actwhichendangers lifeor the personalsafety ofothers.Causinggrievous hurt byan act whichendangers lifeor the personalsafety of others.”Wrongfulrestraint”.description for a term which may extend to four years, or withfine which may extend to two thousand rupees, or with both.Explanation.—Sections 325 and 326 are subject to the same provisosas exception 1, section 294.327. Whoever does any act so rashly or negligently as toendanger human life, or the personal safety of others, shall bepunished with imprisonment of either description for a termwhich may extend to three months, or with fine which myextend to one hundred rupees, or with both.328. Whoever causes hurt to any person by doing any actso rashly or negligently as to endanger human life, or thepersonal safety of others, shall be punished with imprisonmentof either description for a term which may extend to sixmonths, or with fine which may extend to one hundred rupees,or with both.329. Whoever causes grievous hurt to any person by doingany act so rashly or negligently as to endanger human life, orthe personal safety of others, shall be punished withimprisonment of either description for a term which mayextend to two years, or with fine which may extend to onethousand rupees, or with both.OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT330. Whoever voluntarily obstructs any person so as toprevent that person from proceeding in any direction in whichthat person has a right to proceed, is said “wrongfully torestrain ” that person.Exception.—The obstruction of a private way over land or water,which a person in good faith believes himself to have a lawful right toobstruct, is not an offence within the meaning of this section.IllustrationA obstructs a path along which Z has a right to pass. A not believing ingood faith that he has a right to stop the path. ZT is therebyprevented from passing. A wrongfully restrains Z.Cap. 19] PENAL CODE380″Wrongfullcofinement “. 331. Whoever wrongfully restrains any person in such a manner as toprevent that person from proceeding beyond certain circumscribing limits issaid “wrongfully to confine” that person.Punishment forwrongfulrestraint.Illustrations(a) A causes Z to go within a walled space and locks Z in,Z is thus prevented from proceeding in any direction beyond thecircumscribing line of wall. A wrongfully confines Z.(b) A places men with firearms at the outlets of a building and” tells Z that they will fire at Z if Z attempts todeave the building. Awrongfully confines Z.332. Whoever wrongfully restrains any person shall be punished withsimple imprisonment for a term which may extend to one month, or withfine which may extend to fifty rupees, or with both.Punishment forwrongfulconfinement. 333. Whoever wrongfully confines any person shall be punished withimprisonment of either description for a term which may extend to one year,or with fine which may extend to one thousand rupees, or with both.Wrongfulconfinementforthree ormore days. 334. Whoever wrongfully confines any person for three days or moreshall be punished with imprisonment of either description for a term whichmay extend to two years, or with fine, or with both.Wrongfulconfinement forten or more days. 335. Whoever wrongfully confines any person for ten days or more shallbe punished with imprisonment of either description for a term which mayextend to three years, and shall also be liable to fine.Wrongfulconfinement ofperson for whoseliberation a writhas been issued.336. Whoever keeps any person in wrongfully confinement, knowing thata writ for the liberation of that person has been duly issued, shall be punishedwith imprisonment of either description for a term which may extend to twoyears, in addition to any term of imprisonment to which he may be liableunder any other section of this Code.PENAL CODE [Cap. 19381Wrongfuloonfnementin secret.Wrongfulconfinementfor the purposeof extortingproperty, orconstraining toan illegal act.Wrongfulconfinement forthe purpose ofextortingconfession, or ofcompellingrestoration ofproperty.Force.337. Whoever wrongfully confines any person in suchmanner as to indicate an intention that the confinement ofsuch person may not be known to any person interested in theperson so confined, or to any public officer, or that the place ofsuch confinement may not be known to or discovered by anysuch person or public officer as herein before mentioned, shallbe punished with imprisonment of either description for aterm which may extend to two years, in addition to any otherpunishment to which he may be liable for such wrongfulconfinement.338. Whoever wrongfully confines any person for thepurpose of extorting from the person confined, or from anyperson interested in the person confined, any property orvaluable security, or of constraining the person confined, orany person interested in such person, to do anything illegal orto give any information which may facilitate the commission ofan offence shall be punished with imprisonment of eitherdescription for a term which may extend to three years, andshall also be liable to fine.339. Whoever wrongfully confines any person for thepurpose of extorting from the person confined, or any personinterested in the person confined, any confession or anyinformation which may lead to the detection of an offence ormisconduct or for the purpose of constraining the personconfined, or any person interested in the person confined torestore or to cause the restoration of any property or valuablesecurity, or to satisfy any claim or demand, or to giveinformation which may lead to the restoration of any propertyor valuable security, shall be punished with imprisonment ofeither description for a term which may extend to three yearsand shall also be liable to fine.OF CRIMINAL FORCE AND ASSAULT340. A person is said to use force to another if he causesmotion, change of motion, or cessation of motion to that other,or if he causes to any substance such motion or change ofmotion or cessation of motion as brings that substance intocontact with any part of that other’s body, or with anythingwhich that other isCap. 19] PENAL CODE382wearing or carrying, or with anything so situated that such contact affectsthat other’s sense of feeling:Provided that the person causing the motion or change of motion orcessation of motion causes that motion, change of motion, or cessation ofmotion in one of the three ways hereinafter described—Firstly—By his own bodily power.Secondly—By disposing any substance in such a manner that themotion or change or cessation of motion takes place without any furtheract on his part or on the part of any other person.Thirdly—By inducing any animal to move, to change its motion, or tocease to move.”Criminal force” 341. Whoever intentionally uses force to any person, without that person’sconsent, in order to the committing of any offence, or intending illegallyby the use of such force to cause, or knowing it to be likely that by the useof such force he will illegally cause injury, fear, or annoyance to theperson to whom the force is used, is said to use ” criminal force” to thatother.Illustrations(a) Z is sitting in a moored boat on a river. A unfastensthe moorings, and thus intentionally causes the boat to driftdown the stream. Here A intentionally causes motion to Z, andhe does this by disposing substances in such a manner that themotion is produced without any other act on any person’s part.A has therefore intentionally used force to Z; and if he has doneso without Z’s consent in order to the committing of anyoffence, or intending or knowing it to be likely that this use offorce will came injury, tear or annoyance to Z, A has usedcriminal force to Z.(b) Z is riding in a chariot. A lashes Z’s horses, andthereby causes them to quicken their pace. Here A has causedchange of motion to Z by inducing the animals to change theirmotion. A has therefore used force to Z; and’ if A has done thiswithout Z’s consent, intending or knowing it to be likely that hemay thereby injure, frighten, or annoy Z, A has committedcriminal force to Z.(c) Z is riding in a palanquin. A intending to rob Z seizesthe pole and stops the palanquin. Here A has caused cessationof motion to Z, and he has done this by his own bodily power. Ahas there used force to Z; and as A has acted thus intentionallywithout Z’s consent, in order to the commission of an offence,A has used criminal force to Z.Cap.19] PENAL CODE383″Assault”.(d) A intentionally pushes against Z in the street. HereA has by his own bodily power moved his person so as to bringit into contact with Z. He has therefore intentionally used forceto Z, and if he has done so without Z’s consent, intending orknowing it to be likely that he may thereby injure, frighten, orannoy Z, he has used criminal force to Z.(e) A throws a stone, intending or knowing it to be likelythat the stone will thus be brought into contact with Z or withZ’s clothes, or with something carried by Z, or that it will strikewater and dash up the water against Z’s clothes or somethingcarried by Z. Here, it the throwing of the stone produce theeffect of causing any substance to come into contact with Z orZ’s clothes, A has used force to Z■  and if he did so without Z’sconsent, intending thereby to injurd, frighten, or annoy Z, hehas used criminal force to Z.(f) A intentionally pulls up a woman’s veil .Here Aintentionally uses force to her; and if he does so without herconsent, intending or knowing it to be likely that he maythereby injure, frighten, or annoy her, he has used criminalforce to her.(g) Z is bathing. A pours into the bath water which heknows to be boiling. Here A intentionally, by his own bodilypower, causes such motion in the boiling water as brings thatwater into contact with Z, or with other water so situated thatsuch contact must affect Z’s sense of feeling. A has thereforeintentionally used force to Z ■  and if he has done this withoutZ’s consent, intending or knowing it to be likely that he maythereby cause injury, fear, or annoyance to Z, A has usedcriminal force to Z.(h) A incites a dog to spring upon Z, without Z’s consent.Here, if A iniends to cause injury, fear, or annoyance to Z, heuses criminal force to Z.(i) A, a schoolmaster, in the reasonable exercise of hisdiscretion as master, flogs B, one of his scholars. A does not usecriminal force to B, because although A intends to cause fearand annoyance to B, he does not use force illegally.342. Whoever makes any gesture or any preparation, intending orknowing it to be likely that such gesture or preparation will cause anyperson present to apprehend that he who makes that gesture or preparationis about to use criminal force to that person, is said to commit ” anassault”.Explanation.—Mere words do not amount to an assault. But the wordswhich a person uses may give to hisestures or preparation such a meaning as may make osegestures or preparations amount to an assault.Illustrations(a) A shakes his fist at Z, intending or knowing it to be likely thathe may thereby cause Z to believe that A is about to strike Z.A “has committed an assaultgCan. 19]Punishment forusing criminalforce otherwisethan on grave andsuddenprovocation.Usingcriminal forceto deter apublic officerfromdischarge ofhis duty.Sexual harassment.[§5,22 of 1995.]PENAL CODE(b) A, begins to unloose the muzzle of aferocious dog,intending or knowing it to be likely that he may thereby cause Zto believe that he is about to cause the dog to attack Z. A hascommitted an assault upon Z.(c) A takes up a stick, saying to Z, ” I will give you abeating . Here, though the words used by A could in no caseamount to an assault, and though the mere gesture,unaccompanied by any other circumstances, might not amountto an assault, the gesture explained by the words may amount toassault.343. Whoever assaults or uses criminalforce to any person otherwise than on grave and sudden provocation given by that person shall be punished withimprisonment of either description for a term which mayextend to three months, or with fine which may extend to fiftyrupees, or with both.Explanation.—Grave and sudden provocationwill not mitigate the punishment for an offence under this section,if the provocation is sought or voluntarily provoked by theoffender as an excuse for the offence ; orIf the provocation is given by anything done inobedience to the law, or by a public officer , in the lawful exerciseof the powers of such public officer; orif the provocation is , given by, anything done inthe lawful exercise of the right of private defence.Whether the provocation was grave and suddenenough to mitigate the offence, is a question of fact.344. Whoever assaults or uses criminalforce to any person, being a public officer in the execution of hisduty as such public officer or with intent to prevent or deterthat person from discharging his duty as such public officer, orin consequence of anything done or attempted to be done bysuch person in the lawful discharge of his duty as such publicofficer, shall be punished with imprisonment of eitherdescription for a term which may extent to two years, or withfine, or with both.345. Whoever, by assault or use ofcriminal force, sexually harasses another person, or by the useof words or actions, causes sexual annoyance or harassment tosuch other person commits the offence of sexual harassmentand shall on conviction be punished with imprisonment ofeither description for a term which may extend to five years orwith fine or with both and may also be ordered to paycompensation of an amount determined by court to the personin respect of whom the offence was committed for the injuriescaused to such person.Explanation1. Unwelcome sexual advance by wordsor action usedby a person in authority, in a working place or anyother place, shall constitute the offence of sexualharassment.2. For the purposes of this section an assault may includeany act that does not amount to rape under section 363.384PENAL CODE [Cap. 19385Assault orcriminal forcewith intent todishonour aperson otherwisethan on graveand sudden provocation.Assault orcriminal forcein attempt tocommit theft ofproperty carried”by a person.Assaulting orcriminal force inattemptwrongfully toconfine person.Assaulting orusingcriminal forceon grave andsuddenprovocation.[§ 6, 22 of 1995.]Kidnapping.KMnappmgfrom SriLanka.”Kidnappingfrom lawfulguardianship”.346. Whoever assaults or uses criminal force to any personintending thereby to dishonour that person otherwise than ongrave and sudden provocation given by that person, shall bepunished with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both.347. Whoever assaults or uses criminal force to any personin attempting to commit theft of any property which thatperson is then wearing or carrying, shall be punished withimprisonment of either description for a term which mayextend to two years, or with fine, or with both.348. Whoever assaults or uses criminal force to any person,in attempting wrongfully to confine that person, shall bepunished with imprisonment of either description for a termwhich may extent to one year, or with fine which may extend toone thousand rupees, or with both.349. Whoever assaults or uses criminal force to any personon grave and sudden provocation given by that person shall bepunished with simple imprisonment for a term which mayextent to one month, or with fine which may extend to fiftyrupees, or with both.Explanation.—Section 348 is subject to the same explanation assection 343.OF KIDNAPPING AND ABDUCTION350. Kidnapping is of two kinds—kidnapping from Sri Lanka, andkidnapping from lawful guardianship.351. Whoever conveys any person beyond the limits of SriLanka without the consent of that person or of some personlegally authorized to consent on behalf of that person, is said to”kidnap that person fromSri Lanka”.352. Whoever takes or entices any minor under fourteenyears of age if a male, or under sixteen years of age if a female,or any person of unsound mind,Cap. 19] PENAL CODE386″Abduction”.out of the keeping of the lawful guardian of such minor or person ofunsound mind, without the consent of such guardian, is said to “kidnap such minor or person from lawful guardianship “.Explanation—The words ” lawful guardian ” in this sectioninclude any person lawfully entrusted with the care or custody ofsuch minor or other person.Explanation—This section does not extend to the act of anyperson . who . in good . faith belieyes himself .to be the father of anillegitimate child, or who in good faith believes himself to beentitled to . the lawful custody of such. child, unless such act iscommitted for an immoral or unlawful purpose.353. Whoever by force compels, or by any deceitful means, or byabuse of authority or any other means of compulsion, induces anyperson to go from any place, is said to ” abduct ” that person,Punishmentforkidnaping. 354. Whoever kidnaps any person from Sri Lanka or from lawfulguardianship shall be punished with imprisonment of eitherdescription for a term which may extend to seven years, and shallalso be liable to fine.Kidnapping anabducting inorder to murder. 355. Whoever kidnaps or abducts any person in order that suchperson may be murdered, or may be so disposed of as to be put indanger of being murdered, shall be punished with rigorousimprisonment for a term which may extend to twenty years, andshall also be liable to fine.Kidnapping orabductingwith intentsecretly andwrongfully toconfine a person.Illustrations(a) A kidnaps Z from Sri Lanka ,intending or knowing itto be likely that Z may be sacrificed to an idol. A has committed theoffence defined in this section.(b) A forcibly. carries or entices B away from his homein order that B may be murdered. A has committed the offencedefined in this section.356. Whoever kidnaps or abducts any person with intent to causethat person to be secretly and wrongfully confined shall bepunished with imprisonment of either description for a term whichmay extend to seven years, and shall also be liable to fine.PENAL CODE [Cap. 19387Kidnappingor abductinga woman tocompel hermarriage,&c.Kid:or abducting inorder to subjecta person togrievous hurt.slavery, &c.Wrongfullyconcealing orkeeping inconfinement akidnappedperson.Kidnapping orabducting childunder ten yearswith intent tosteal movableproperty fromthe person ofsuch child.357. Whoever kidnaps or abducts any woman with intent that shemay be compelled, or knowing it to be likely that she will be compelled,to marry any person against her will, or in order that she may be forced or.seduced to illicit intercourse, or knowing it to be likely that she will beforced or seduced to illicit intercourse, shall be punished withimprisonment of either description for a term which may extend to tenyears, and shall also be liable to fine.358. Whoever kidnaps or abducts any person in order that suchperson may be subjected, or may be so disposed of as to be put in dangerof being subjected, to grievous hurt or slavery, or to the unnatural lust ofany person, or knowing it to be likely that such person will be sosubjected or disposed of, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shall also beliable to fine.359. Whoever, knowing that any person has been kidnapped or hasbeen abducted, wrongfully conceals or keeps such person inconfinement, shall be punished in the same manner as if he kidnapped orabducted such person with the same intention or knowledge or for thesame purpose as that with or for which he conceals or detains such personin confinement.360. Whoever kidnaps or abducts any child under the age of tenyears, with the intention of taking dishonestly any movable propertyfrom the person of such child, shall be punished with imprisonment ofeither description for a term which may extend to seven years, and shallalso be liable to fine.360A. Whoever—(1) procures, or attempts to procure, any person. Procuration.whether male or female of whatever age [§7,22 of 1995] (whether with or withoutthe consent of such person) to become, within or outside Sri Lanka, a prostitute;(2) procures, or attempts to procure, any person, undersixteen years of age, to leave Sri Lanka (whether with orwithout the consent of such person) with a view to illicitsexual intercourse with any person outside Sri Lanka, orremoves, or attempts to remove, from Sri Lanka any suchperson (whether with or without the consent of such person)for the said purpose;PENAL CODE Cap.19][§ 5,29 of 1998.][§5,29 of 1998.](3) procures, or attempts to procure, any person ofwhatever age, to leave Sri Lanka (whether with orwithout the consent of such person) with intentthat such person may become the inmate of, orfrequent, a brothel elsewhere, or from Sri Lankaany such person (whether with or without theconsent of such person) for the said purpose;(4) brings, or attempts to bring, into Sri Lanka anyperson under sixteen years of age with a view toillicit sexual intercourse with any other person, inSri Lanka or outside Sri Lanka ;(5) procures, or attempts to procure, any person ofwhatever age (whether with or without the consent of such person) to leave such person’s usualplace of abode in Sri Lanka with a view to illicitsexual intercourse within or outside Sri Lanka;(6) detains any person without the consent of suchperson in any premises with a view to illicit sexualintercourse or sexual abuse of such person,commits the offence of procuration and shall on conviction bepunished with imprisonment of either description for a termof not less than two years and not exceeding ten years andmay also be punished with a fine.387 A[Cap. 19 PENAL CODESexual exploitation ofchildren.[§8,22 of 1995.] 360B. (1) Whoever—(a) knowingly permits any child toremain in any premises, for the purposesof causing such child to be sexuallyabused or to participate in any form orsexual activity or in aay obscene orindecent exhibition or show;(b) acts as a procurer of a child for thepurposes of sexual intercourse or forany form of sexual abuse;(c) induces a person to be a client of achild for sexual intercourse or for anyform of sexual abuse, by means of printor other media, oral advertisements orother similar means ;(d) takes advantage, of his influence over, orhis relationship to, a child, to procuresuch child for sexual intercourse or anyform of sexual abuse;(e) threatens, or uses violence towards, achild to procure such child for sexualintercourse or any form of sexual abuse;(d) gives monetary consideration, goods orother benefits to a child or his parentswith intent to procure such child forsexual intercourse or any form of sexualabuse,commits the offence of sexual exploitation ofchildren and shall on conviction be punishedwith imprisonment of either description for aterm not less than five years and not exceedingtwenty years and may also be punished with fine.(2) In this section ” child ” means a personunder eighteen years of age.387BCap.19] PENAL CODETraffiking. 360c. (1) Whoever—[§ 8,22 of 1995.](a) engages in the act of buying or selling orbartering of any person for money or for anyother consideration;(b) for the purpose of promoting, facilitating or inducing the buying or selling orbartering or the placement in adoption, ofany person for money or for any otherconsideration —(i) arranges for, or assists, a childto travel to a foreign country withoutthe consent of his parent or lawfulguardian; or(ii) obtains an affidavit of consentfrom a pregnant woman, for moneyor for any other consideration, forthe adoption of the unborn child ofsuch woman; or(iii) recruits women or couples to bearchildren ; or(iv) being a person concerned with theregistration of births, knowinglypermits the falsification of any birthrecord or register ; orengages in procuring children fromhospitals, shelters for women,clinics, nurseries, day care centres,or other child care institutions orwelfare centres, for money or otherconsideration or procures a child foradoption from any such institutionor centre, by intimidation of themother or any other person ; or388PENAL CODE [Cap.19Cohabitationcaused by a mandeceitfullyinducing a beliefof lawfullmarriage.Marrying againduring thelifetime ofhusband orwife.Same offencewith concealment of theformermarriage fromthe person withwhomsubesequentmarriage iscontracted.Marriageceremony gonethrough withfraudulent intentwithout lawfulmarriage.(vi) impersonates the mother or assists in suchimpersonation,commits the offence of trafficking and shall on conviction bepunished with imprisonment of either description for a termnot less than two years and notexceeding twenty yearsand may also be punished with fine and where such offence iscommitted in respect of a child, be punished withimprisonment of either description for a term not less than fiveyears and not exceeding twenty yearsand may also be punished with fine.(2) In this section ” child ” means a person under eighteen yearsof age.*362A. Every man, who by deceit causes any woman who isnot lawfully married to him to believe that she is lawfullymarried to him, and to cohabit or have sexual intercourse withhim in that belief, shall be punished with imprisonment ofeither description for a term which may extend to ten years,and shall also be liable to fine.362R Whoever, having a husband or wife living, marries inany case in which such marriage is void by reason of its takingplace during the life of such husband or wife, shall be punishedwith imprisonment or either description for a term which mayextend to seven years, and shall also be liable to fine.Exception.—This section does not extend to any person whosemarriage with such husband or wife has been declared void by a court ofcompetent jurisdiction, nor to any person who contracts a marriageduring the life of a former “husband or wife, if such husband or wife, atthe time of the subsequent marriage, shall have been continually absentfrom such person for the space of seven years and shall not have beenheard of by such person as being alive within that time:Provided the person contracting such subsequent marriage shall,before such marriage takes place, inform the person with whom suchmarriage is contracted of the real state of facts as far as the same arewithin his or her knowledge.362C. Whoever commits the offence defined in the lastpreceding section, having concealed from the person withwhom the subsequent marriage is contracted the fact of theformer marriage, shall be punished with imprisonment ofeither description for a term which may extend to ten years,and shall also be liable to fine.362D. Whoever dishonestly or with a fraudulent intentiongoes through the ceremony of being married, knowing that heis not thereby lawfully married, shall be punished withimprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine. 6 6 Sections 361 and 362 are repealed by section 9 and section 10 of ActNo. 22 of 1995.389[Cap. 19 PENAL CODE389 A[§ 11,22 of 1995.]Rape.[§ 12,22 of 1995.] [§6, 29 of 1998.]OF RAPE AND INCEST363. A man is said to commit “rape”who has sexual intercourse with a woman undercircumstances falling under any of the following descriptions:—(a) without her consent even wheresuch woman ishis wife and she is judicially separated from theman;(b) with her consent, while she was inlawful orunlawful detention or when her consent has beenobtained, by use of force or intimidation, or bythreat of detention or by putting her in fear ofdeath or hurt ;(c) with her consent when her consent has been obtained at a time when she was of unsound mind orwas in a state of intoxication induced by alcohol ordrugs, administered to her by the man or by someother person ;(d) with her consent when the man knows that he isnot her husband, and that her consent is givenbecause she believes that he is another man towhom she is, or believed herself to be, lawfullymarried;(e) with or without her consent when she is undersixteen years of age, unless the woman is his wifewho is over twelve years of age and is not judiciallyseparated from the man.Explanation —(i) Penetration is sufficient to constitute the sexual intercoursenecessary to the offence of rape ;(ii) Evidence of resistance such as physical injuries to the bodyPENAL CODE [Cap.19389 Bis not essential to prove that sexual intercourse tookplace without consent.[Cap. 19 PENAL CODE389 APunishment for364. (1) Whoever commits rape shall, except, in the rape.[§ 13,22 of 1995]cases provided for in subsections (2) and (3), be punishedwith rigorous imprisonment for a term not less than sevenyears and not exceeding twenty years and with fine, and shallin addition be ordered to pay compensation of an amountdetermined by court, to the person in respect of whom theoffence was committed for the injuries caused to such person.(2) Whoever—(a) being a public officer or person in a position of authority, takes advantage of hisofficial position, and commits rape on awoman in his official custody orwrongfully restrain and commits rape on awoman;(b) being on the management, or on the staffof a remand home or other place of custody, established by or under law, or of awomen’s or children’s institution, takesadvantage of his position and commitsrape on any woman inmate of such remand home, place of custody or institution;(c) being on the management or staff of a hospital, takes advantage of his position andcommits rape on a woman in that hospital;(d) commits rape on a woman knowing her tobe pregnant;(e) commits rape on a woman under eighteenyears of age;(f) commits rape on a woman who is mentallyor physically disabled;[Cap. 19 PENAL CODE(g) commits gang rape,shall be punished with rigorous imprisonment for a term notless than ten years and not exceeding twenty years and withfine and shall in addition be ordered to pay compensation ofan amount determined by court to the person in respect ofwhom the offence was committed for the injuries caused tosuch person :Provided however, that where the offence is committed inrespect of a person under sixteen years of age, the court may,where the offender is a person under eighteen years of ageand the intercourse has been with the consent of the person,impose a sentence of imprisonment for a term less than tenyears.Explanation 1Where the offence of rape is committed by one or morepersons in a group of persons, each person in suchgroup committing, or abetting the commission ofsuch offence is deemed to have committed gangrape.Explanation 2″women’s or children’s institution ” means an institutionfor the reception and care of women or children,howsoever described.Explanation 3″hospital” means the precincts of the hospital andincludes the precincts of any institution for thereception and treatment of persons duringconvalescence or of persons requiring medicalattention or rehabilitation.389CPENAL CODE [Cap. 19389E(3) Whoever commits rape on a woman undersixteen years of age and the woman standstowards the man in any of the degrees ofrelationships enumerated in section 364A shall onconviction be punished with rigorousimprisonment, for a term not less than fifteenyears and not exceeding twenty years and withfine.(4) Where any person fails to pay thecompensation he is ordered to pay undersubsection (1) or subsection (2), he shall inaddition to the imprisonment imposed on himunder subsection (1) or subsection (2) be punishedwith a further term of imprisonment of eitherdescription for a term which may extend up to twoyears.Incest. *364A. (1) Whoever has sexual inter-[§15,22 of 1995 ] course with another, who stands towards him in any ofthe following enumerated degrees ofrelationship, that is to say—(a) either party is directly descendedfrom the other or is the adoptive parent,adoptive grand parent, adopted child oradopted grand child of the other; or(b) the female, is the sister of the male,either by the full or the half blood or byadoption, or is the daughter of hisbrother or of his sister, by the full or thehalf blood or by adoption, or is adescendant from either of them, or is thedaughter of his wife by another father, oris his son’s or grandson’s or father’s orgrandfather’s widow; or(c) the male, is the brother of the femaleeither by the full or the halt blood or byadoption, or is the son of her brother orsister by the full or the half blood or byadoption or is a descendant from eitherof them, or is the son of her husband byanother mother, or is her deseaseddaughter’s or grand daughter’s ormother’s or grand mother’s husband,commits the offence of ‘incest’.*The heading “OF CARNAL INTERCOURSE WITH YOUNG GIRLS” is ommitted bysection 14 of Act No. 22 of 1995.389D[Cap.19 PENAL CODE[§16,22 of 1995.]Unnatural offences.[§17, 22 of 1995 ](2) The offence of incest shall not be affected or negated byreason of the existence of any defect in the legality of anyrelationship given in this section, such as absence of a valid marriageor adoption.(3) Whoever-(a) commits incest, shall be punished with rigorousimprisonment for a term not less than seven years and notexceeding twenty years and with fine;(b) attempts to commit incest shall be punished withimprisonment of either description for a term which mayextend to two years.(4) No prosecution shall be commenced for an offence underthis section except with the written sanction of the AttorneyGeneral.OF UNNATURAL OFFENCES AND GRAVE SEXUALABUSE365.Whoever voluntarily has carnal intercourse against theorder of nature with any man, woman, or animal, shall be punishedwith imprisonment of either description for a term which may extendto ten years, and shall also be punished with fine and where theoffence is committed by a person over eighteen years of age inrespect of any person under sixteen years of age shall be punishedwith rigorous imprisonment for a term not less than ten years and notexceeding twenty years and with fine and shall also be ordered to paycompensation of an amount determined by court to the person inrespect of whom the offence was committed for injuries caused tosuch person.Explanation- Penetration is sufficient to constitute the carnal intercourse necessary to theoffence described in this section.[ Cap. 19 PENAL CODE389 FActs of gross indecency between persons.[§ 18,22 of 1995.]Grave sexul abuse.[§19,22 of 1995.][§7, 29 of 1998.][§ 7, 29 of 1998.]365A. Any person who, in public or private, commits, oris a party to the commission of, or procures or attempts toprocure the commission by any person of, any act of grossindecency with another person, shall be guilty of an offence,and shall be punished with imprisonment of either thedescription for a term which may extend to two years orwith fine or with both and where the offence is committed bya person over eighteen years of age in respect of any personunder sixteen years of age shall be punished with rigorousimprisonment for a term not less than ten years and notexceeding twenty years and with fine and shall also beordered to pay compensation of an amount determined bycourt to the person in respect of whom the offence wascommitted for the injuries caused to such person.365B. (1) Grave sexual abuse is committed by any personwho, for sexual gratification, does any act, by the use of hisgenitals or any other part of the human body or anyinstrument on any orifice or part of the body of any otherperson, being an act which does not amount to rape undersection 363, in circumstances falling under any of thefollowing descriptions, that is to say—(a) without the consent of theother person;(aa) with or without the consentof the other person when the other person isunder sixteen years of age;(b) with the consent of theother person while onsuch other person was in lawful or unlawfuldetention or where that consent has been obtained, by use of force, or intimidation or threatof detention or by putting such other person infear of death or hurt;(c) with the consent of theother person where suchconsent has been obtained at a time the otherperson was of unsound mind or was in a state ofintoxication induced by alcohol or drugs.PENAL CODE Cap.19 ]390[§20, 22 of 1998.]Publication of matterrelating to certainoffences.[§ 21, 22 of 1998.](2) Whoever —(a) commits grave sexual abuse shall be punished with rigorous imprisonment for a termnot less than seven years and not exceedingtwenty years and with fine and shall also beordered to pay compensation of an amountdetermined by court to the person in respectof whom the offence was committed for theinjuries caused to such person;(b) commits grave sexual abuse on any personunder eighteen years of age shall be punishedwith rigorous imprisonment for a term notless than ten years and not exceeding twentyyears and with fine and shall also be orderedto pay compensation of an amountdetermined by court to the person in respectof whom the offence was committed for theinjuries caused to such person.OF PUBLICATION OF MATTER RELATING ToCERTAIN OFFENCES365C. (1) Whoever prints or publishes, the name, or anymatter which may make known the identity, of any personagainst whom an offence under section 345 or section 360Aor section 360B or section 363 or section 364A or section 365or section 365A or section 365B, is alleged or found to havebeen committed (hereinafter in this section referred to as the”victim” ) shall be punished with imprisonment of eitherdescription for a term which may extend to two years orwith fine or with both.Cap.19] PENAL CODE(2) Nothing in subsection (1) shall apply tothe printing or publication of the name, or anymatter which may make known the identity, ofthe victim, if such printing or publication is—(a) by or under the order of the officerin charge of the police station or thepolice officer, making investigationinto such offence, acting in good faithfor the purposes of such investigation ;or(b) by or with the authorization inwriting of the victim ; or(c) by or with theauthorization inwriting of the next of kin of the victimwhere the victim is dead or the parentor guardian of the victim, where thevictim is a minor or is of unsound mind:Provided no such authorization shall be givenby such next of kin to any person other than tothe Chairman, Secretary or Manager, how soever described, of any welfare institution ororganization recognized by the State.(3) Whoever prints or publishes any matterin relation to any proceeding in any court withrespect to an offence referred to in subsection(1), without the previous permission of suchcourt, shall be punished with imprisonment ofeitherdescription for a term which may extend to twoyears or with fine or with both.ExplanationThe printing or publication of a judgement ofthe Court of Appeal or the SupremeCourt does not amount to an offencewithin the meaning of this section.391Cap.19] PENAL CODE392CHAPTER XVIIOF OFFENCES AGAINST PROPERTYOF THEFT366. Whoever, intending to take dishonestly any movable propertyout of the possession of any person without that person’s consent, movesthat property in order to such taking, is said to commit ” theft”.Explanation 1.—A thing so long as it is attached to the earth not beingmovable property, is not the subject of theft; but it becomescapable of being the subject of theft as soon as it is severedfrom the earth.Explanation 2.—A moving effected by the same act which effects theseverance may be a theft.Explanation 3.—A person is said to cause a thing to move byremoving an obstacle which prevented it from moving, or byseparating it from any other thing, as well as by actuallymoving it.Explanation 4. —A person who by any means causes an animal tomove is said to move that animal, and to move everythingwhich in consequence of the motion so caused, is moved bythat animal.Explanation 5.—The consent mentioned in the definition may beexpressed or implied, and may be given either by the person inpossession, or by any person having for that purpose authorityeither express or implied.Illustrations(a) A cuts down a tree on Z’s ground, with the intentionof dishonestly taking the tree out of Z’s possession without Z’sconsent.‘Here, as soon as A has severed the tree, in order tosuch taking, he has committed theft.(b) A puts a bait for dogs in his pocket, and thus inducesZ’s dog to follow it. Here, if A’s intention be dishonestly to takethe dog out of Z’s possession without Z’s consent, A hascommitted theft as soon as Z’s dog has begun to follow A.(c) A meets a bullock carrying a box of treasure. Hedrives the bullock in a certain direction, in order that he maydishonestly take the treasure. As soon as the bullock begins tomove A has committed theft of the treasure.(d) A, being Z’s servant, and entrusted by Z with thecare of Z’s plate, dishonestly runs away with the plate withoutZ’s consent, A has committed theft.(e) Z, going on a journey, entrusts his plate to A, thekeeper of a warehouse, till Z shall return, A carries the plate to agoldsmith and sells it. Here the plate was not in Z’s possession.it could not therefore be taken out of Z’s possession, and A hasnot committed theft, though he may have committed criminalbreach of trust.(f) A finds a ring belonging to Z on a table in the housewhich Z occupies. Here the ring is in Z’s possession, and if Adishonestly removes it, A commits theft.(g) A finds a ring lying on the high road, not in thepossession of any person. A, by taking it, commits no theft,though he may commit criminal misappropriation of property.(h) A sees a ring belonging to Z lying on a table in Z’shouse. Not venturing to misappropriate the ring immediatelyfor fear of search and detection, A hides the ring in a placewhere it is highly improbable that it will ever be found by Z,with the intention of taking the ring from the hiding place andselling it when the loss is forgotten. Here A at the time of firstmoving the ring, commits theft.(i) A delivers his watch to Z, a jeweller, to be regulated.Z carries it to his shop. A, not owing to the jeweller any debt forwhich the jeweller might lawfully detain the watch as security,enters the shop openly, takes his watch by force out of Z’s,hand, and carries it away. Here A, though he may havecommitted criminal trespass and assault, has not committedtheft, inasmuch as what he did was not done dishoneatly.PENAL CODE [Cap. 19393Punishmentfor theft.Theft of cattle.Of praedialproducts(j) If A owes money to Z for repairing the watch, and if Z retains thewatch lawfully as a security for the debt, and A takes the watchout of Z’s possession with the intention of depriving Z of theproperty as a security for his debt, he commits theft, inasmuch ashe takes it dishonestly.(k) Again, if A having pawned his watch to Z, takes it out of Z’spossession without Z’s consent, not having paid what heborrowed on the watch, he commits theft, though the watch is hisown property, inasmuch as he takes it dishonestly.(l) A takes an article belonging to Z out of Z’s possessionwithout Z’s consent, with the intention of keeping it until heobtains money from Z as a reward for its restoration. Here Atakes dishonestly ; A has therefore committed theft.(m) A, being on friendly terms with Z, goes in to Z’s library in Z’sabsence, and takes away a book without Z’s express consent, forthe purpose merely of reading it, and with the intention ofreturning it. Here, it is probably that A may have conceived thathe had Z’s implied consent to use Z’s book. If this was A’simpression. A has not committed theft.(n) A asks charity from Z’s wife. She gives A money, food, andclothes, which A knows to belong to Z, her husband. Here, it isprobable that A may conceive that Z’s wife is authorized to giveaway alms. If this was A’s impression, A has not commited theft.(o) A is the paramour of Z’s wife. She gives a valuable propertywhich A knows to belong to her husband Z and to be suchproperty as she has not authority from Z to give. If A takes theproperty dishonestly, he commits theft.(p) A in good faith, believing property belonging to Z to be A’s ownproperty, takes that property out of B’s possession. Here, as Adoes not take dishonestly, he does not commit theft.367. Whoever commits theft shall be punished with imprisonmentof either description for a term which may extend to three years, or withfine, or with both.368. Whoever commits theft—(a) of any bull, cow, steer, buffalo, heifer or calfor(b) of any fruit, vegetable, or other praedial production, or any cultivated root or plant used or capable of beingused for the food of man or beast, or for medicine, distilling,or dyeing, or in the course of any manufacture,may, in addition to any other punishment for theft, be punished withwhipping.Cap. 19] PENAL CODE394″Extortion.”Illustration(a) A commits theft of property in Z’s possession ; and whilecommitting this theft, he has a loaded pistol under his garment,having provided this pistol for the purpose of hurting Z, in case Zshould resist. A has committed the offence defined in this section.(b) A picks Z’s pocket, ^ having posted several of his companionsnear him, in order that they ^ may restrain Z, if Z should perceivewhat is passing and should resist or should attempt to apprehendA. A has committed the offence defined in this section.OF EXTORTION372. Whoever intentionally puts any person in fear of anyinjury to that person or to any other and thereby dishonestlyinduces the person so put in fear to deliver to any person anyproperty or valuable security or anything signed or sealedwhich may be converted into a valuable security, commits “extortion “.Theft indwellinghouse,&cTheft by clerkor servant ofproperty inpossession ofmaster.Theft afterpreparationmade forcausing deathor hurt, in orderto the369. Whoever commits theft in any building, tent, or vessel,which building, tent, or vessel is used as a human dwelling, or forthe custody of property, shall be punished with imprisonment ofeither description for a term which may extent to seven yearsand shall also be liable to fine.370. Whoever, being a clerk or servant, or being employedin the capacity of a clerk or servant, commits theft in respect ofany property in the possession of his master or employer, shall bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.371. Whoever commits theft, having made preparation forcausing death or hurt or restraint, or fear of death or of hurt orof restraint, to any person, in order to the committing of suchtheft, or in order to the effecting of his escape after thecommitting of such theft, or in order to the retaining of propertytaken by such theft, shall be punished with rigorousimprisonment for a term which may extent to ten years, and shallalso be liable to fine.PENAL CODE [Cap. 19395Punishmentfor extortion.Puttingperson in tear ofinjury in order tocommitextortion.Extortion byputting a person infear of death orgrievous hurt.Putting.person in fear ofdeath or ofgrievous hurt inorder to commitextortion.Extortion bythreat ofaccusation ofan offencepunishablewith deathor imprisonmerit for tenyears, &c.Illustrations(a) A threatens to publish a defamatory libel concerning Z,unless Z gives him money. He thus induces Z to give himmoney. A has committed extortion.(b) A threatens Z that he will keep Z’s child in wrongfulconfinement, unless Z will sign and deliver to A apromissory note binding Z to pay certain moneys to A. Zsigns and delivers the note. A has committed extortion.(c) A, by putting Z in fear of grievous hurt, dishonestlyinduces Z to sign or affix his seal to a blank paper anddeliver it to A, Z signs and delivers the paper to A. Here,as the paper so signed may be converted into a valuablesecurity, A has committed extortion.373. Whoever commits extortion shall be punished withimprisonment of either description for a term which may extendto three years, or with fine, or with both.374. Whoever, in order to the committing of extortion, putsany person in fear or attempts to put any person in fear of anyinjury, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine, or with both.375. Whoever commits extortion by putting any person infear of death or of grievous hurt to that person or to any othershall be punished with imprisonment of either description for aterm which may extend to ten years, and shall also be liable tofine.376. Whoever, in order to the committing of extortion, putsor attempts to put any person in fear of death or of grievous hurtto that person or to any other, shall be punished withimprisonment of either description for a term which may extendto seven years, and shall also be liable to fine.377. Whoever commits extortion by putting any person infear of an accusation against that person or any other, of havingcommitted or attemped to commit any offence punishable withdeath, or with imprisonment for a term which may extend to tenyears, or of having attempted to induce any other person tocommit such offence, shall be punished withCap. 19] PENAL CODE396Putting personin fear ofaccusation ofoffence in orderto commitextortion.Robbery.When theft isrobbery.Whenextortion isrobbery.imprisonment of either description for a term which may extendto ten years, and shall also be liable to fine; and if the offence beone punishable under section 365, may be punished with rigorousimprisonment for a term which may extend to twenty years, andshall also be liable to fine.378. Whoever, in order to the committing of extortion, putsor attempts to put any person in fear of any accusation againstthat person or any other of having committed or attempted tocommit an offence punishable with death, or with imprisonmentfor a term which may extend to ten years or more, shall bepunished with imprisonment of either description for a termwhch may extend to ten years, and shall also be liable to fine, andif the offence be punishable under section 365 may be punishedwith rigorous imprisonment which may extend to twenty years,and shall also be liable to fine.OF ROBBERY379. In all robbery there is either theft or extortion.Theft is “robbery”, if, in order to the committing of the theft,or in committing the theft, or in carrying away or attempting tocarry away property obtained by the theft, the offender, for thatend, voluntarily causes or attempts to cause to any person deathor hurt or wrongful restraint, or fear of instant death or ofinstant hurt or of instant wrongful restraint.Extortion is ” robbery “, if the offender, at the time ofcommitting the extortion, is in the persence of the person put infear and commits the extortion by putting that person in fear ofinstant death, of instant hurt, or of instant wrongful restraint tothat person or to some other person, and, by so putting in fear,induces the person so put in fear then and there to deliver up thething extorted.Explanation—The offender is said to be present if he is sufficiently nearto put the other person in fear of instant death, of instant hurt, or ofinstant wrongful restraint.PENAL CODE [Cap. 19397Punishmentfor robbery.Attempt tocommitrobbery.Voluntarilycausing hurt incommittingrobbery.Robbery withattempt to causedeath orgrievous hurt.Illustrations(a) A holds Z down, and fraudulently takes Z’s money and jewelsfrom Z’s clothes, without Z’s consent. Here A has committed theft,and, in order to the committing of that theft, has voluntarily causedwrongful restraint to Z. A has therefore committed robbery.(b) A meets Z on the high road, shows a pistol, and demands Z’spurse. Z, in consequence surrenders his purse. Here A has exertedthe purse from Z by putting him in fear of instant hurt, and being atthe time of committing the extortion in his presence, A hag thereforecommitted robbery.(c) A meets Z and Z’s child on the high road. A takes the child andthreatens to fling it down a precipice unless Z delivers his purse. Z, inconsequence, delivers his purse. Here A has extorted the purse fromZ by causing Z to be in fear of instant hurt to the child who is therepresent. A has therefore committed robbery on Z.(d) A obtains property from Z by saying : “Your child is in the handsof my gang, and will be put to death unless you send us ten thousandrupees “. This extortion, and punishable as such; but it is not robbery,unless Z is put in fear of the instant death of his child.380. Whoever commits robbery shall be punished withrigorous imprisonment for a term which may extend to tenyears, and shall also be liable to fine, and if the robbery becommitted on the highway between sunset and sunrise theimprisonment may be extended to fourteen years.381. Whoever attempts to commit robbery shall be punishedwith rigorous imprisonment for a term which may extend toseven years, and shall also be liable to fine.382. If any person, in committing or in attempting to commitrobbery, voluntarily causes hurt, such person and any otherperson jointly concerned in committing or attempting to commitsuch robbery, shall be punished with rigorous imprisonment fora term which may extend to twenty years, and shall also be liableto fine or to whipping.383. If, at the time of committing robbery, the offender usesany deadly weapon, or causes grievous hurt to any person, orattempts to cause deathcap. 19] PENALCODE398Attempt tocommitrobbery whenarmed withdeadlyweapon.Punishment forbelonging towandering gangof thieves.Dishonestmisapropriation ofproperty.or grievous hurt to any person, the imprisonment with which suchoffender shall be punished may be extended to twenty years.384. If, at the time of attempting to commit a robbery, the offender isarmed with any deadly weapon, the imprisonment with which suchoffender shall be punished may be extended to twenty years.385. Whoever shall belong to any wandering or other gang ofpersons associated for the purpose of habitually committing theft orrobbery shall be punished with rigorous imprisonment for a term whichmay extend to seven years, and shall also be liable to fine.OF CRIMINAL MISAPPROPRIATION OF PROPERTY386. Whoever dishonestly misappropriates or converts to his ownuse any movable property shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or with fine, orwith both.Ilustration(a) A takes property belonging to Z out of Z’s possession in goodfaith believing, at the time when he takes it, that the propertybelongs to himself. A is not guilty of thett; but if A, afterdiscovering his mistake, dishonestly appropriates the property tohis own use, he is guilty of an offence under this section.(b) A, being on friendly terms with Z, goes into Z’s library in Z’sabsence and takes away a hook without Z’s express consent. Here.if A was under the impression that he had Z’s implied consent totake the book for the purpose of reading it, A has not committedtheft. But if A afterwards sells the book for his own benefit, he isguilty of an offence under this section.(c) A and B being joint owners of a horse, A takes the horse out ofB’s possession, intending to use it. Here as A has a right to use thehorse, he does not dishonestly misappropriate it. But if A sells thehorse and appropriates the whole proceeds to his own use, he isguilty of an offence under this section.Explanation 1.—A dishonest misappropriation for a time only ismisapproprition within the meaning of this section.IllustrationA finds a promissory note belonging to Z, payable to bearer. A, knowingthat the note belongs to Z, pledges it with a banker as security for aloan, intending at a future time to restore it to Z. A has committedan offence under this section.PENAL CODE [Cap. 19399387. Whoever dishonestly misappropriates or converts to his own useproperty, knowing that such property was in the possession of a deceasedperson at the time of that person decease, and has not since been in thepossession of any person legally entitled to such possession, shall bepunished with imprisonment of either description for a term which mayextendExplanation 2.—(i) A person who finds property not in the possessionof any other person and takes such property for the purpose ofprotecting it for, or of restoring it to, the owner, does not take ormisappropriate it dishonestly, and is not guilty of an offence;but he is guilty of the offence above defined if he appropriatesit to his own use, when he knows or has the means ofdiscovering the owner, or before he has used reasonable meansto discover and give notice to the owner, and has kept theproperty a reasonable time to enable the owner to claim it.(ii) What are reasonable means, or what is a reasonabletime in such a case, is a question of fact.(iii) It is not necessary that the finder should know whois the owner of the property, or that any particular person is theowner of it; it is sufficient if, at the time of appropriating it, hedoes not believe it to be his own property, or in good faithbelieves that the real owner cannot be found.Illustration(a) A finds a rupee on the high road, not knowing towhom the rupee belongs. A picks up the rupee. Here A has notcommitted the offence defined in this section.(b) A finds a letter on the road containing a bank note.From the direction and contents of the letter he learns to whomthe note belongs. He appropriates the note.He is guilty of an offence under this section.(c) A finds a cheque payable to bearer. He can form noconjecture as to the person who has lost the cheque.But the name of the person who has drawn the cheque appears.A knows that this person can direct him to the person in whosefavour the cheque was drawn. A appropriates the chequewithout attempting to discover the owner. He is guilty of anoffence under this section.(d) A sees Z drop his purse with money in it. A picks upthe purse with the intention of restoring it to Z, but afterwardsappropriates it to his own use. A has committed an offenceunder this section.(e) A finds a purse with money not knowing to whom itbelongs; he afterwards discovers that it belongs to Z. andappropriates it to his own use. A is guilty of an offence underthis section.(f) A finds a valuble ring, not knowing to whom itbelongs. A sells it immediately, without attempting to discovertheowner.Ais guilty of an offence under this sectionDishonest misappropriation of property possessed by person at the time of his death.Cap. 19] PENAL CODE400”Crimnalbreach oftrurt.”to theree years, and shall also be liable to fine; and if the offender at thetime of such person’s decease was employed by him as a clerk or servent,the imprisonment may extend to seven years.Illustration.Z dies in possession of .furniture and money. His servant A before themoney comes into the possession of any person entitled to suchpossession, dishonestly misappropriates it. A has committedthe offence defined in this section.OF CRIMINAL BREACH OF TRUST388. Whoever, being in any manner entrusted with property, or withany dominion over property, dishonestly misappropriates or converts tohis own use that property, or dishonestly uses or disposes of that propertyin violation of any direction of law prescribing the mode in which suchtrust is to be discharged, or of any legal contract, express or implied,which he has made touching the discharge of such trust, or wilfullysuffers any other person so to do, commits ” criminal breach of trust”.Illustrations(a) A, being executor to the will of a deceased person,dishonestly disobeys the law, which directs him to divide theeffects according to the will, and appropriates them to his ownuse. A has committed criminal breach of trust.(b) A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returnedon payment of a stipulated sum for warehouse room. Adishonestly sells the goods. A has committed criminal breach oftrusts.(c) A residing in Colombo, is agent for Z, residing inEngland. There is an express or implied contract between A andZ that all sums remitted by Z to A shall be invested by Aaccording to Z’s direction. Z remits ten thousand ruppes to A,with directions to A to invest the same on mortgage of coffeeestates. A dishonestly disobeys the directions, and employs themoney in his own business. A has committed criminal breach oftrust.(d) But if A, in the last illustration, not dishonestly butin good faith, believing that it will be more for Z’s advantageto hold shares in a company, disobeys Z’s directions and buysshares in a company in Z’s name instead of investing themoney on mortgage, here, though Z should suffer loss, andshould be entitled to bring a civil action against A on accountof that loss, yet A not having acted dishonestly has notcommitted criminal breach of trust.PENAL CODE [Cap. 19401Criminalbreach oftrust by publicofficer, or bybanker,merchant, oragent.Criminalbreach oftrust bypublic offcerin respect ofmoney orbalance ofmoney.(e) A, a revenue officer, is entrusted with public money,and is either directed by law or bound by a contract,express or implied, with the Government, to pay intoa certain Kachcheri all the public money which heholds. A dishonestly appropriates the money. A hascommitted criminal breach of trust.(f) A, a carrier, is entrusted by Z with property to becarried by land or by water. A dishonestlymisappropriates the property. A has committedcriminal breach of trust.389. Whoever commits criminal breach of trust Punishment shall be punishedwith imprisonment of either for ojmmd description for a term which may extendto three trust. years, or with fine, or with both.390. Whoever, being entrusted with property as a Criminal carrier,wharfinger, or warehouse-keeper, commits trust by criminal breach of trust inrespect of such property carrier,&c. shall be punished with imprisonment ofeither description for a term which may extend to seven years, and shall also beliable to fine.391. Whoever, being a clerk or servant or employed b’ nmihalfas a clerk orservent, and being in any manner tru st by a entrusted in such capacity withproperty, or with any se^^mt dominion over property, commits criminal breachof ‘trust in respect of that property, shall be punished withimprisonment of either description for a term which may extendto seven years, and shall also be liable to fine.392. Whoever, being in any manner entrusted withproperty, or with any dominion over property, in his capacity ofa public officer or in the way of his business as a banker,merchant, factor, broker, attorney or agent, commits criminalbreach of trust in respect of that property, shall be punishedwith imprisonment of either description for a term which mayextend to ten years, and shall also be liable to fine.392A. Whoever, being entrusted with or having thedominion of any money in his capacity as a public officer, failsforthwith to pay over or produce, when required to do so by thehead of his department or by the Secretary or Deputy Secretaryto the Treasury, Auditor-General, Assistant Auditor-General, orany officer specially appointed by the Secretary to theCap. 19] PENAL CODE402Criminalbleach oftrust by ag inrespect 0postal articles.” StolenpropertyDishonestlyreceivingstolenproperty.Treasury to examine the accounts of his department, any moneyor balance of any money shown in the books or accounts orstatements kept or signed by him to be held by or to be due fromhim as such public officer, or to duly account therefor, shall beguilty of the offence of criminal breach of trust, and shall onconviction be subject to the penalty provided by section 392.392B. Any person who, acting or purporting to act ent as theagent of any other person, receives from a postal officer any postalarticle for delivery to such other person and—(a) wilfully throws away, destroys, keeps orsecretes; .or(b) without reasonable excuse (the burden ofproviding which shall lie upon him) fails duly toaccount for such article, or unduly delay such delivery,shall be deemed guilty of criminal breach of trust and shall beliable to the punishment prescribed therefor.OF THE RECEIVING OF STOLEN PROPERTY393. Property, the possession whereof hasbeen transferred by theft, or by extortion, or by robbery, or byforgery, or by cheating, and property which has been criminallymisappropriated or in respect of which criminal breach of trusthas been committed, is designated as ” stolen property “,whether the transfer has been made, or the misapporiatiion orbreach of trust has been committed, within or without SriLanka. But if such property subsequently comes into thepossession of a person legally entitled to the possession thereof,it then ceases to be stolen property.394. Whoever dishonestly receives or retainsany stolen property, knowing or having reason to believe thesame to be stolen property, shall be punished withimprisonment of either description for a term which mayextend to three years, or with fine, or with both.PENAL CODE [Cap. 19403Habituallydealing instolenproperty.Assisting inconcealmentof stolenproperty.Recevingstolen cattlepraedialproducts.” Cheating395. Whoever habitually receives or deals in property which heknows or has reason to believe to be stolen property shall be punishedwith imprisonment of either description for a term which may extend totwenty years, and shall also be liable to fine.396. Whoever voluntarily assists in concealing or disposing of ormaking away with property which he knows or has reason to believe tobe stoleri property shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or with fine, orwith both.397. If the stolen property referred to in the three precedingsections shall be of any of the descriptions mentioned in section 368, theoffender may, in addition to the punishments by the three precedingsections imposed, be punished with whipping.OF CHEATING398. Whoever, by deceiving any person, fraudulently ordishonestly induces the person so deceived to deliver any property to anyperson, or to consent that any person shall retain any property, orintentionally induces the person so deceived to do or omit to do anythingwhich he would not do or omit if he were not so deceived, and which actor omission causes or is likely to causes damage or harm to that person inbody, mind, reputation, or property, or damage or loss to the Governmentis said to ” cheat”.Explanation-A dishonest concealment of facts is adeception within the meaning of this section.Illustrations(a) A, by falsely pretending to be in the Sri LankaAdministrative Service, intentionally deceives Z, and thusdishonestly induces Z to let him have on credit goods forwhich he does not mean to pay. A cheats.(b) A, by putting a counterfeit mark on an article intentionallydeceives Z into a belief that this article was made by acertain celeberated manufacturer, and thus dishonestlyinduces Z to buy and pay for the article. A cheats.(c) A, by exhibiting to Z a false sample of an article,intentionally deceives Z into believing that the articlecorresponds with the sample, and thereby dishonettlyinduces Z to buy and pay for the article. A cheats.Cap. 19] PENAL CODE404″ Cheating bypersonation”.Punishmentfor cheating.(d) A, by tendering in payment for an article a cheque on a bank withwhich A keeps no money, and by which A expects that the chequewill be dishonoured, intentionally deceives Z, and therebydishonestly induces Z to deliver the article, intending not to payfor it. A cheats.(e) A, by pledging as diamonds articles which he knows are notdiamonds, intentionally deceives Z. and thereby dishonestlyinduces Z to lend money. A cheats.(f) A intentionally deceives Z into a belief that A means to repay anymoney that Z may lend to him, and thereby dishonestly induces Zto lend him money, A not intending to repay it. A cheats.(g) A intentionally deceives Z into a belief that A means to deliver toZ a certain quantity of copra, which he does not intend to deliver,and thereby dishonestly induces Z to advance money upon thefaith of such delivery. A cheats ; but if A, at the time of obtainingthe money, intends to deliver the copra, and afterwards breaks hiscontract and does not deliver it, he does not cheat, but is liableonly to a civil action for breach of contract.(h) A intentionally deceives Z into a belief that A has performed A’spart of a contract made with Z, which he has not performed, andthereby dishonestly induces Z to pay money. A cheats.(i) A sells and conveys an estate to B. A, knowing that inconsequence of such sale he has no right to the property, sells ormortgages the same to Z without disclosing the fact of theprevious sale and conveyance to B, and receives the purchase ormortgage money from Z. A cheats.399. A person is said to ” cheat bypersonation ” if he cheats by pretending to be some otherperson, or by knowingly substituting one person for another, orrespresenting that he or any other person is a person other thanhe or such other person really is.Explanation—The offence is committed whether theindividual personated is a real or imaginary person.Illustrations(a) A cheats by pretending to be a certain richmerchant of the same name. A cheats by personation.(b) A cheats by pretending to be B, a person whois deceased. A cheats by personation.400. Whoever cheats shall be punished withimprisonment of either description for a term which may extendto one year, or with fine, or with both.PENAL CODE [Cap. 19405Dishonest orfraudulentremoval orconcealment ofproperty topreventdistributionamongcreditors.Dishonestly orfraudulentlypreventing frombeing madeavailable for hiscreditors a debt ordamand due to theoffender.OF FRAUDULENT DEEDS AND DISPOSITIONS OFPROPERTY404. Whoever dishonestly or fraudulently removes,conceals, or delivers to any person or transfers or causes to betransferred to any person, without adequate consideration, anyproperty intending thereby to prevent, or knowing it to be likelythat he will thereby prevent, the distribution of that propertyaccording to law among his creditors or the creditors of anyother person, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or withfine, or with both.405. Whoever dishonestly or fraudulently prevents anydebt or demand due to himself or to any other person frombeing made available according to law for payment of his debtsor the debts of such other person, shall be punished withimprisonment of either description for a term which may extendto two years, or with fine, or with both.401. Whoever cheats with the knowledge that he is likelythereby to cause wrongful loss to a person, whose interest in thetransaction to which the cheating relates he was bound either bylaw, or by a legal contract, to protect, shall be punished withimprisonment of either description for a term which may extendto three years, or with fine, or with both.402. Whoever cheats by personation shall be punished withimprisonment of either description for a term which may extendto three years, or with fine, or with both,403. Whoever cheats and thereby dishonestly induces theperson deceived to deliver any property to any person, or tomake, alter, or destroy the whole or any part of a valuablesecurity, or anything which is signed or sealed, and which iscapable of being converted into a valuable security, shall bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.Cheating withknowledge thatwrongful loss maybe thereby caused toa person whoseinterest the offenderis bound to protect.Punishment forcheating bypersonation.Cheating anddishonestlyinducting adelivery ofproperty.Cap.191 PENAL CODE406Dishonest orfraudulentexecution of deedof tranfercontaining afalse statement ofconsideration.Dishonest orfraudulentremoval orconcealment ofproperty orrelease ofclaim.”Mischief”.406. Whoever dishonestly or fraudulently signs, executes,or becomes a party to any deed or instrument which purpprtsto transfer or subject to any charge any property, or anyinterest therein, and which contains any false statement relatingto the consideration for such transfer or charge, or relating tothe person or persons for whose use or benifit it is reallyintended to operate, shall be punished with imprisonment ofeither description for a term which may extend to two years, orwith fine, or with both.407. Whoever dishonestly or fraudulently conceals orremoves any property of himself or any other person, ordishonestly or fraudulently assists in the concealment orremoval thereof, or dishonestly releases any demand or claim towhich he is entitled, shall be punished with imprisonment ofeither description for a term which may extend to two years, orwith fine, or with both.OF MISCHIEF AND ILLEGAL REMOVAL OF WRECKS408. Whoever, with intent to cause, or knowing that he islikely to cause, wrongful loss or damage to the public or to anyperson, causes the destruction of any property, or any suchchange in any property or in the situation thereof as destroys ordiminishes its value or utility or affects it injuriously, commits”mischief1.Explanation l.—It is not essential to the offence of mischief that theoffender should intend to cause loss or damage to the owner of theproperty injured or destroyed. It. is sufficient if he intends tocause, or knows that he is likely to cause, wrongful loss or damageto any person by injuring any property, whether it belongs to thatperson or not.Explanation. 2—Mischief may be committed by an act affectingproperty belonging to the person who commits the act or to thatperson and others jointly.ILLstrations(a) A voluntarily burns a valuable security belonging to Z, intendingto cause wrongful loss to Z. A has committed miscief.(b) A introduces water into an ice house belonging to Z, and thuscauses the ice to melt, intending wrongful loss to Z. A hascommitted mischief.PENAL CODE [Cap. 19407Punishiment forcommittingmishief.(c) A voluntarily throws into a river a ring belonging to Z, with theintention of thereby causing wrongful loss to Z. A has committedmischief.(d) A, knowing that his effects are about to be taken in execution inorder to satisfy a debt due from him to Z, destroys those effects,with the intention of thereby preventing Z from obtainingsatisfaction of the debt, and of thus causing damage to Z. A hascommitted mischief.(e) A, having insured a ship voluntarily causes the same to be castaway, with the intention of causing damage to the underwriters. Ahas committed mischief.(f) A causes a ship to be cast away intending thereby to cause damageto Z, who has lent money on bottomry on the ship. A hascommitted mischief.(g) A, having joint property with Z in a horse, shoots the horse,intending thereby to cause wrongful loss to Z. A has committedmischief.(h) A causes cattle to enter upon a field belonging to Z, intending tocause, and knowing that he is likely to cause, damage to Z’s crop.A has committed mischief.409. Whoever commits mischief shall be punished withimprisonment of either description for a term which mayextend to three months, or with fine, or with both.410. Whoever commits mischief and thereby causes loss ordamage to the amount of fifty rupees or upwards shall bepunished with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both.411 Whoever commits mischief by killing,poisoning, maiming, or rendering useless any animal or animalsof the value of ten rupees or upwards shall be punished withimprisonment of either description for a term which mayextend to two years, or with fine, or with both.412. Whoever commits mischief by killing,poisoning, maiming, or rendering useless, any elephant, camel,horse, ass, mule, buffalo, bull, cow, or ox, whatever may be thevalue thereof, or any other animal of the value of fifty rupees orupwards shall be punished with imprisonment of eitherdescription for a term which may extend to five years, or withfine, or with both.Committingmischief anathereby causingdamage to theamount of fiftyrupees.Mischief bykilling ormaiming anyanimal of thevalue of tenrupees.Mischief bykilling ormaiming cattle& c, or anyanimal of thevalue of fiftyrupees.Cap. 19] PENAL CODE408Mischief by injuryto works ofirrigation or bywrongfullydiverting water.Mischief byinjury to publicroad, bridge, orMischief bycausinginundation orobstruction topublic drainageattended withdamage.Mischief bydestroying ormoving orrendering lessuseful alighthouse orseamark.Mischief bydestroying ormoving, &c., alandmark fixedby authority of apublic officer.413. Whoever commits mischief by doing any act whichcauses, or which he knows to be likely to cause, a diminution ofthe supply of water for agricultural purposes, or for food ordrink for human beings, or for animals which are property, orfor cleanliness, or for carrying on any manufacture, shall bepunished with imprisonment of either description for a termwhich may extend to five years, or with fine, or with both.414. Whoever commits mischief by doing any act whichrenders, or which he knows to be likely to render, any publicroad, bridge, navigable river, or navigable channel, natural orartificial, impassable or less safe for travelling or conveyingproperty, shall be punished with imprisonment of eitherdescription for a term which may extend to five years, or withfine, or with both.415. Whoever commits mischief by doing any act whichcauses, or which he knows to be likely to cause, an inundationor an obstruction to any public drainage attended with injuryor damage, shall be punished with imprisonment of eitherdescription for a term which may extend to five years, or withfine, or with both.416. Whoever commits mischief by destroying or movingany lighthouse or other light used as a seamark, or anyseamark or buoy or other thing placed as a guide fornavigators, or by any act which renders any such lighthouse,seamark, buoy, or other such thing as aforesaid less useful as aguide for navigators, shall be punished with imprisonment ofeither description for a term which may extend to seven years,or with fine, or with both.417. Whoever commits mischief by destroying or movingany landmark fixed by the authority of a public officer, or byany act which renders such landmark less useful as such, shallbe punished with imprsonment of either description for a termwhich may extend to one year, or with fine, or with both.PENAL CODE [Cap. 19409Mischief byfire orexplosivesubstance withintent to causedamage to theamount of onehundredrupees.Mischief byfire orexplosivesubstance withintent todestroy ahouse,&c.Mischief withintent todestroy or makeunsafe a deckedvesselor a vessel of aburden of tentons or upwards.Punishment forthe mischiefdescribed in thelast sectionwhencommitted byfire or anyexplosivesubstance.Punishmentfor intentionallyrunning vesselaground orashore withintent to committheft, &c.418. .Whoever commits mischief by fire or any explosive substance,intending to cause, or knowing it to be likely that he will thereby cause,damage to any property to the amount of one hundred rupees or upwards,shall be punished with imprisonment of either description for a term whichmay extent to seven years, and shall also be liable to fine.419. Whoever commits mischief by fire or any explosive substance,intending to cause, or knowing it to be likely that he will thereby cause, thedestruction of any building which is ordinarily used as a place of worshipor as a human dwelling or as a place for the custody of property, shall bepunished with imprisonment of either description for a term which mayextend to fifteen years, and shall also be liable to fine.420. Whoever commits mischief to any decked vessel or any vesselof a burden of ten tons or upwards, intending to destroy or render unsafe,or knowing it to be likely that he will thereby destroy or render unsafe, thatvessel, shall be punished with imprisonment of either description for aterm which may extend to ten years, and shall also be liable to fine.421. Whoever commits or attempts to commit by fire or anyexplosive substance such mischief as is described in the last precedingsection shall be punished with imprisonment of either description for aterm which may extend to twenty years, and shall also be liable to fine.422. Whoever intentionally runs any vessel aground or ashore,intending to commit theft of any property contained therein, or todishonestly misappropriate any such property, or with intent that such theftor misappropriation of property may be committed, shall be punished withimprisonment of either description for a term which may extend to tenyears, and shall also be liable to fine.Cap. 19] PENALCODE410Punshmentfor impedingthe saving ofa vessl.Punishmentfor removingor secretingwreck.Taking wreckinto foreignport.Mischiefcommittedafter preparation made forcausing” Criminaltrespass “.423. Whoever, without lawful excuse, endeavours in any way toprevent or impede the saving of any vessel stranded or in danger of beingstranded or otherwise in distress on or near the shore of any sea or tidalwater, or any part of the cargo or apparel of such vessel or any wreck, shallbe punished with imprisonment of either description for a term which mayextend to five years, or with fine, or with both.424. Whoever illegally carries away or removes any part of anyvessel stranded or in danger of being stranded or otherwise in distress on ornear the shore of any sea or tidal water, or any part of the cargo or apparelthereof or any wreck, and whoever illegally secrets any wreck or obliteratesor defaces any marks thereon, shall be punished with imprisonment ofeither description which may extend to one year, or with fine, or with both.425. Whoever illegally takes into any foreign port or place any vesselstranded or derelict or otherwise in distress on or near the seashore or theshore of any tidal water of Sri Lanka, or any part of the Cargo or apparelthereof, or anything belonging thereto or any wreck found on or near suchseashore or shore aforesaid, and there sells the same, shall be punished withimprisonment of either description for a term which may extend to fiveyears, or with fine, or with both.Explanation.—The word wreck used in sections 423, 424 and 425 includesjetsam, flotsam,lagan and derelict.426. Whoever commits mischief, having made preparation forcausing to any person death or hurt or wrongful restraint, or fear of death orof hurt or of wrongful restraint, shall be punished with imprisonment ofeither description for a term which may extend to five years, and shall alsobe liable to fine.OF CRIMINAL TRESPASS427. Whoever enters into or upon property in the occupation ofanother with intent to commit anPENAL CODE [Cap. 194 -4 411″ Housetrespass”.” Lurkinghousetrespass”.” Lurkinghousetrespass bynight “.” Housebreakingoffence, or to intimidate, insult, or annoy any person inoccupation of such property,or having lawfully entered into or upon such propertyunlawfully remains there with intent thereby tointimidate, insult, or annoy any such person, or withintent to commit an offence,is said to commit ” criminal trespass “.428. Whoever commits criminal trespass by entering into orremaining in any building, tent, or vessel used as a humandwelling, or any building used as a place for worship or as aplace for the custody of property, is said to commit “house-trespass “.Explanation.—The introduction of any part of the criminal trespasser’sbody is entering sufficient to constitute house-trespass.429. Whoever commits house-trespass, having takenprecautions to conceal such house-trespass from some personwho has a right to exclude or eject the trespasser from thebuilding, tent, or vessel which is the subject of the trespass, issaid to commit ” lurking house-trespass “.430. Whoever commits lurking house-trespass after sunsetand before sunrise is said to commit ” lurking house-trespass bynight”.431. A person is said to commit ” house-breaking ” whocommits house-trespass if he effects his entrance into the houseor any part of it in any of the six ways hereinafter described ; orif, being in the house or any part of it for the purpose ofcommitting an offence, or having committed an offence therein,he quits the house or any part of it in any of such six ways, that isto say—Firstly—If he enters or quits through a passage made byhimself, or by any abettor of the house-trespass, in order to thecommitting of the house-trespass.Secondly—If he enters or quits through any passage notintended by any person, other than himself or an abettor of theoffence, for human enrtance; or through any passage to which hehas obtained access by scaling or climbing over any wall orbuilding.Cap. 19] PENAL CODE412Thirdly—If he enters or quits through any passage which he or anyabettor of the house-trespass has opened, in order to the committing of thehouse- trespass, by any means by which that passage was not intended bythe occupier of the house to be opened.Fourthly—If he enters or quits by opening any lock in order to thecommitting of the house-trespass, or in order to the quitting of the houseafter a house-trespass.Fifthly—If he effects his entrance or departure by using criminal forceor committing an assault or by threatening any person with assault.Sixthly—If he enters or quits by any passage which he knows to havebeen fastened against such entrance or departure and to have beenunfastened by himself by an abettor of the house-trespass.Explanation.—Any outhouse or building occupied with a houseand between which and sucnhouse there is an immediate internalcommunication, is part of the house within the meaning of thissection.Illustrations(a) A commits house-trespass by making a hole through the wallof Z’s house and putting his hand through the aperture. This ishouse-breaking.(b) A commits house-trespass by creeping into a ship at aport-hole between decks. This is house-breaking.(c) A commits house-trespass by entering Z’s house through awindow. This is house-breaking.(d) A commits house-trespass by entering Z’s house through thedoor, having opened a door which was fastened. This ishouse-breaking.(e) A commits house-trespass by entering Z’s house through thedoor, having lifted a latch by putting a wire through a hole in thedoor. This is housebreaking.(f) A finds the key of Z’s house door, which Z had lost, andcommits house-trespass by entering Z’s house, having opened thedoor with that key. This is housebreaking.(g) Z is standing in his doorway. A forces a passage by knockingZ down, and commits house-trespass by entering the house. Thisis house-breaking.(h) Z, the door-keeper of Y, is standing in Y’s doorway. Acommits house-trespass by entering the house, having deterred Zfrom opposing him by threatening to beat him. This ishouse-breaking.PENAL CODE Cap. 19413House- trespassin order to thecommission ofan offencepunishablewith death.House- trespassin order to thecommission ofan offencepunishable withimprisonmentfor ten years ormore. Housetrespass in orderto thecommission ofan offencepunishable withimprisonmentfor less than tenyears.Housetrespass afterpreparationmade forcausing hurt toany person.435. Whoever commits house-trespass in order to the committing ofany offence punishable with death shall be punished with rigorousimprisonment for a term not exceeding twenty years, and shall also beliable to fine.436. Whoever commits house-trespass in order to the committing ofany offence punishable with imprisonment for ten years or more shall bepunished with imprisonment of either description for a term not exceedingten years, shall also be liable to fine.437. Whoever commits house-trespass in order to the committing ofany offence punishable with imprisonment for less than ten years shall bepunished with imprisonment of either description for a term which mayextend to two years, and shall also be liable to fine; and if the offenceintended to be committed is theft, the term of the imprisonment may beextended to seven years.438. Whoever commits house-trespass having made preparation forcausing hurt to any person or for assaulting any person, or for wrongfullyrestraining any person, or for putting any person in fear of hurt or ofassault or of wrongful restraint, shall be punished432. Whoever commits house-breaking after sunset and beforesunrise is said to commit “house-breaking by night”.433. Whoever commits criminal trespass shall be punished withimprisonment of either description for a term which may extend to threemonths, or with fine which may extend to one hundred rupees, or withboth.434. Whoever commits house-trespass shall be punished withimprisonment of either description for a term which may extend to oneyear, or with fine which may extend to one thousand rupees, or with both.” Housebreaking bynight.”Punishmentfor criminaltrespass.Punishmentfor housetrespass.Cap. 19] PENAL CODE414Punishmentfor lurkinghousetrespass orhousebreaking.Lurking housetrespass orhousebreakingin order to thecommission ofan offencepunishable withimprisonment.Lurking housetrespass orhousebreakingafter preparationmade for causinghurt to anyperson.Puniahment forlurking housetrespass.by night orhouse-breaking bynight.Lurking housetrespss by nightor housebreaking bynight, in order tothe commissionof an offencepunishable withimprisonment.with imprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine.439. Whoever commits lurking house-trespass orhouse-breaking shall be punished with imprisonment of eitherdescription for a term which may extend to two years, and shallalso be liable to fine.440. Whoever commits lurking- house-trespass orhouse-breaking in order to the committing of any offencepunishable with imprisonment shall be punished withimprisonment of either description for a term which may extendto three years, and shall also be liable to fine; and if the offenceintended to be committed is theft, the term of the imprisonmentmay be extended to ten years.441. Whoever commits lurking house-trespass orhouse-breaking, having made preparation for causing hurt toany person, or for assaulting any person, or for wrongfullyrestraining any person, or for putting any person in fear of hurtor of assault or of wrongful restraint, shall be punished withimprisonment of either description for a term which may extendto ten years, and shall also be liable to fine.442. Whoever commits lurking house-trespass by night orhouse-breaking by night shall be punished with imprisonmentor either description for a term which may extend to three years,and shall also be liable to fine.443. Whoever commits lurking house-trespass by night orhouse-breaking by night, in order to the committing of anyoffence punishable with imprisonment, shall be punished withimprisonment of either description for a term which may extendto five years, and shall also be liable to fine ; and if the offenceintended to be committed is theft, the term of imprisonment maybe extended to fourteen years.PENAL CODE [Cap. 19415Lurking housetrespass by nightor housebreaking bynight afterpreparationmade forcausing hurt toany person.Grievous hurtcaused whilstcommittinglurking housetrespass orhousebreaking.All personsjointly concernedin lurking housetrespass by nightor housebreakingby night to bepunishable fordeath or grievoushurt caused byone of theirnumber.Dishonestlybreaking open anyclosed receptaclecontaining orsupposed tocontain property.Punishment forsame offencewhencommitted bypersonentrusted withcustody.444. Whoever commits lurking house trespass by night orhouse-breaking by night, having made preparation for causing hurt to anyperson, or for assaulting any person, or for wrongfully restraining anyperson, or for putting any person in fear of hurt or of assault or ofwrongful restraint, shall be punished with imprisonment of eitherdescription for a term which may extend to fourteen years, and shall alsobe liable to fine.445. Whoever, whilst committing lurking house- trespass orhouse-breaking, causes grievous hurt to any person or attempts to causedeath or greivous hurt to any person, shall be punished with imprisonmentof either description for a term which may extend to twenty years, andshall also be liable to fine, or to whipping.446. If, at the time of the committing of lurking house-trespass bynight or house-breaking by night, any person guilty of such offence shallvoluntarily cause or attempt to cause death or grievous hurt to any person,every person jointly concerned in committing such lurking house-trespassby night or house-breaking by night shall be punished with imprisonmentof either description for a term which may extend to twenty years andshall also be liable to fine.447. Whoever dishonestly, or with intent to commit mischief, breaksopen or unfastens any closed receptacle which contains or which hebelieves to contain property, shall be punished with imprisonment ofeither description for a term which may extend to two years, or with fine,or with both.448. Whoever, being entrusted with any closed receptacle whichcontains or which he believes to contain property, without havingauthority to open the same, dishonestly, or with intent to cammit mischiefbreaks open or unfastens that receptacle, shall be punished withimprisonment of either description for a term which may extend to threeyears, or with fine, or with both.Cap. 19] PENAL CODE416Unlawfulpossession ofhousebreakinginstrument orbeing armedwith offensiveweapon.Being found in abuilding, &c., forunlawful purpose.Loiterirgabout byreputedthief.(§2,19 of 1941.)Forgery.449. Whoever is found having in his custody or possession withoutlawful excuse, the proof of which lies on him, any instrument ofhouse-breaking, or being armed with any dangerous or offensive weaponwith intent to commit any unlawful act, shall be punished withimprisonment of either description for a term which may extend to twoyears, or with fine, or with both, and such instrument or weapon shall beforfeited to the State.450. Whoever is found in or upon any building or enclosure for anyunlawful purpose, and whoever is found in or upon any building orenclosure and fails to give a satisfactory account of himself, shall bepunished with imprisonment of either description for a term which mayextend to three months, or with a fine not exceeding fifty rupees, or withboth.451. Whoever, being a reputed theif, loiters or lurks about anypublic place or any wharf or warehouse or any vessel in any harbour orother water with intent to commit theft or any other unlawful act shall bepunished with imprisonment of either description for a term which mayextend to three months, or with a fine not exceeding fifty rupees, or withboth.CHAPTER XVIIIOFOFFENCESRELATINGTODOCUMENTS, PROPERTY-MARKS, CURRENCYNOTESANDB ANKNOTES452. Whoever makes any false document or part of a document withintent to cause damage or injury to the public or to any person, or to theGovernment, or to support any claim or title, or to cause any person to partwith property, or to enter into any express or implied contract, or withintent to commit fraud, or that fraud may be committed, commits forgery.PENAL CODE [Cap. 19417Making afalse453. A person is said to make a false document— document.Firstly—Who dishonestly or fraudulently makes, signs, seals,or executes a document or part of a document, or makes anymark denoting the execution of a document, with the intention ofcausing it to be believed that such document or part of adocument was made, signed, sealed, or executed, by or by theauthority of a person by whom or by whose authority he knowsthat it was not made, signed, sealed, or executed, or at a time atwhich he knows that it was not made, signed, sealed, or executed; orSecondly—Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters adocument in any material part thereof, after it has been made orexecuted either by himself or by any other person, whether suchperson be living or dead at the time of such alteration ; orThirdly—Who dishonestly or fraudulently causes any personto sign, seal, execute, or alter a document, knowing that suchperson by reason of unsoundness of mind or intoxication cannot,or that by reason of deception practised upon him he does not,know the contents of the document or the nature of thealteration.Illustrations(a) A has a letter of credit upon B for rupees 10,000, written by Z.A, in order to defraud B, adds a cipher to the 10,000 and makes thesum 100,000, intending that it may be believed by B that Z sowrote the letter. A has committed forgery.(b) A, without Z’s authority, affixes Z’s seal to a documentpurpoting to be a conveyance of an estate from Z to A, with theintention of selling the estate to B, and thereby of obtaining from Bthe purchase money. A has committed forgery.(c) A picks up a cheque on a banker signed by B, payable to bearer,but without any sum having been inserted in the cheque. Afraudulently fills up the cheque by inserting the sum of tenthousand rupees. A commits forgery.(d) A leaves with B, his agent, a cheque on a banker, signed by A,without inserting the sum payable, and authorizes B to fill up thecheque by inserting a sum not exceeding ten thousand rupees forthe purpose of making certiin payments. B fraudulently fills up thecheque by inserting the sum of twenty thousand rupees. B commitsforgery.Cap. 19] PENAL CODE418(e) A draws a bill of exchange on himself in the name of B withoutB’s authority, intending to discount it as aenuine bill with a banker, and intending to take up ie bill on itsmaturity. Here, as A draws the bill with intent to deceive thebanker by leading him to suppose that he had the security of B,and thereby to discount the bill, A is guilty or forgery.(f) Z’s will contains these words : ” I direct that all my remainingproperty be equally divided between A, B, and C.” A dishonestlyscratches out B’s name, intending that it may be believed that thewhole was left to himself and C. A has committed forgery.(g) A endorses a promissory note and makes it payable to Z or hisorder, by writing on the note the words ” Pay to Z or his order “and signing the endorsement. B dishonestly erases the words ” Payto Z or his order “, and thereby converts the special endorsementinto a blank endorsement. B commits forgery.(h) A sells and conveys an estate to Z, A afterwards, in order todefraud Z of his estate executes a conveyance of the same estate toB, dated six months earlier than the date of the conveyance to Z,intending it to be believed that he had conveyed the estate to Bbefore he conveyed it to Z. A has committed forgery.(i) Z dictates his will to A. A intentionally writes down a differentlegatee from the legatee named by Z, and, by representing to Zthat he has prepared the will according to his instructions, inducesZ to sign the will. A has committed forgery.(j) A writes a letter and signs it with B’s name without B’sauthority, certifying that A is a man of good character and indistressed circumstances from unforeseen misfortune, intendingby means of such letter to obtain alms from Z and other persons.Here, as A made a false document in order to induce Z to partwith, property. A has committed forgery.(k) A without B’s authority writes a letter and signs it in B’s name,certifying to A’s character, intending thereby to obtainemployment under Z. A Has committed forgery, inasmuch as heintended to deceive Z by the forged certificate and thereby toinduce Z to enter into an expressed or implied contract for service.Explanation l.^A man’s signature of his own name may amount toforgery. ‘Hiustrations(a) A sign his own name to a bill of exchange, intending that itmay be believed that the bill was drawn by another person of thesame name. A has committed forgery.(b) A writes the word “accepted” on a piece of paper and signs itwith Z’s name, in order that B may afterwards write on the paper abill of exchange drawn by B upon Z and negotiate the bill as though ithad been accepted by Z. A is guilty of forgery; and if B know ing thefact draws the bill upon the paper pursuant to A’s intention, B is alsoguilty of forgery.gPENAL CODE [Cap. 19419Punishment forforgery.Forgery of a recordof a Court or of apublic register ofbirths, &c.(c) A picks up a bill of exchange payable to the order ofa different person of the same name. A endorses the bill in hisown name intending to cause it to be belived that it wasendorsed by the person to whose order it was payable; here Ahas committed forgery.(d) A purchases an estate sold under execution of adecree against B. B, after the seizure of the estate in collusionwith Z, executes a lease of the estate to Z at a nominal rent andfor a long period, and dates the lease six months prior to theseizure, with intent to defraud A and to cause it to be believedthat the lease was granted before the seizure. B, though heexecutes the lease in. his own name, commits forgery byante-dating it.(e) A, a trader, in anticipation of insolvency, lodges effectswith B for A’s benefit, and with intent to defraud his creditors,and in order to give a colour to the transaction writes apromissory note binding himself to pay to B a sum for valuereceived, and ante-dates the note, intending that it may bebelieved to have been made before A was on the point ofinsolvency. A has committed forgery under the first head of thedefinition.Explanation 2.—The making of a false document in the name offictitious person, intending it to be believed that the documentwas made by a real person, or in the name of a deceased person,intending it to be believed that the document was made by theperson in his lifetime, may amount to forgery.IllustrationA draws a bill of exchange upon a fictitious person, and fraudulentlyaccepts the bill in the name of such fictitious person with intentto negotiate it. A commits forgery.454. Whoever commits forgery shall be punished with imprisonmentof either description for a term which may extend to five years, or withfine, or with both.455. Whoever forges a document purporting to be a record orproceeding of or in a Court, or a register of birth, baptism, marriage, orburial, or a register kept by a public officer as such, or a certificate ordocument purporting to be made by a public officer in his official capacity,or an authority to institute or defend a suit, or to take any proceedingstherein, or to confess judgement, or a power of attorney, shall be punishedwith imprisonment of either description for a term which may extend toseven years, and shall also be liable to fine.[Cap. 19 PENAL CODE420Forgery of avaluablesecurity orwill.Forgery forthe purposeof cheating.”A forgeddocument” .Using asgenuine aforgeddocument.Making orpossessing acounterfeitseal, plate, &.,with intent tocommit aforgerypunishableundersection 456.456. Whoever forges a document which purports tobe a valuable security or a will, or which purports togive authority to any person to make or tranfer any valuable security, or toreceive the principal, interest, or dividends thereon, or to receive ordeliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging thepayment of money, or an acquittance or receipt for the delivery of anymovable property or valuable security, shall be punished withimprisonment of either description for a term which may extend to twentyyears, and shall also be liable to fine.457. Whoever commits forgery, intending that the document forgedshall be used for the purpose of cheating, shall be punished withimprisonment of either description for a term which may extend to sevenyears, and shall also be liable to fine.458. A false document made wholly or in part by forgery isdesignated ” a forged document”.459. Whoever fraudulently or dishonestly uses as genuine anydocument which he knows or has reason to believe to be a forgeddocument shall be punished in the same manner as if he had forged suchdocument.460. Whoever makes or counterfeits any seal, plate, or otherinstrument for making an impression, intending that the same shall beused for the purpose of committing any forgery which would bepunishable under section 456, or with such intent has in his possessionany such seal, plate, or other instrument, knowing the same to becounterfeit, shall be punished with imprisonment of either description fora term which may extend to ten years, and shall also be liable to fine.Making orpossessing aseal, plate,counterfeit&c., withintent tocommit aforgerypunishableotherwise.461. Whoever makes or counterfeits any seal, plate, or otherinstrument for making an impression, intending that the same shall beused for the purpose of committing any forgery which would bepunishable under any section of this Chapter other than section 456, orwith such intent has in his possession any such seal, plate, or otherinstrument, knowing the same to bePENAL CODE [Cap.19421Havingpossesion of aforged recordor valuablesecurity orwill known tobe forged,with intent touse it asgenuine.Counterfeiting adevice or markused forauthenticatingdocumentsdescribed insection 456, orpossessingcounterfeitmarkedmaterial.Counterfeiting adevice or markused forauthenticatingdocuments otherthan thosedescribed insection 456, orpossessingcounterfeitmarked material.counterfeit, shall be punished with imprisonmeat of eitherdescription for a term which may extend to seven years, andshall also be liable to fine.462. Whoever has in his possession any document,knowing the same to be forged, and intending that the sameshall fraudulently or dishonestly be used as genuine, shall, if thedocument is one of the description mentioned in section 455, bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable tofine; and if the document is one of the description mentioned insection 456, shall be punished with imprisonment of eitherdescription for a term which may extend to ten years, and shallalso bo liable to fine.463. Whoever counterfeits upon or in the substance of anymaterial, any device or mark used for the purpose ofauthenticating any document described in section 456,intending that such device or mark shall be used for thepurpose of giving the appearance of authenticity to anydocument then forged or thereafter to be forged on suchmaterial, or who with such intent has in his possession anymaterial upon or in the substance of which any such device ormark has been counterfeited, shall be punished withimprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine.464. Whoever counterfeits upon or in the substance of anymaterial, any device or mark used for the purpose ofauthenticating any document other than the documentsdescribed in section 456, intending that such device or markshall be used for the purpose of giving the appearance ofauthenticity to any document then forged or thereafter to beforged on such material, or who with such intent has in hispossession any material, upon or in the substance of which anysuch device or mark has been counterfeited, shall be punishedwith imprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine.Can. 19] PENAL CODE422Sending falsemessage bytelegraph.Fraudulentcancellation,destruction,& c., of a will.Falsification ofaccounts.465. Whoever knowingly causes to be transmitted bytelegraph or tenders to any public officer employed in theDepartment of Posts or Department of Telecommunications fortransmission any false message with intent to defraud, injure, orannoy any person, or to spread any false rumour, which may bedetrimental to the Government or the interests of the publicshall be punished with imprisonment of either description for aterm which may extend to one year, or with fine, or with both.466. Whoever fraudulently or dishonestly, or with intent tocause damage or injury to the public or to any person, cancels,destroys, injures, or defaces, or attempts to cancel, destroy,injure, or deface, or secretes or attempts to secrete anydocument which is or purports to be a will, or any valuablesecurity, or any record, register, book, or document kept by anypublic officer in his capacity as such or by any person inpursuance of any enactment or Statute, or commits mischief inrespect to such record, register, book, or document, shall bepunished with imprisonment of either description for a termwhich may extend to seven years, and shall also be liable to fine.467. Whoever, being a clerk, officer, or servant, or beingemployed or acting in the capacity of a clerk, officer, or servant,wilfully and with intent to defraud, destroys, alters, mutilates orfalsifies any book, paper, writing, valuable security, or accountwhich belongs to or is in the possession of his employer or hasbeen received by him for or on behalf of his employer, orwilfully and with intent to defraud makes or abets the making ofany false entry in, or omits or alters or abets the omission oralteration of any material particular from or in any such book,paper, writing, valuable security, or account, shall be punishedwith imprisonment of either description for a term which mayextend to seven years, or with fine, or with both.Explanation.—It shall be sufficient in any charge under thissection to allege a general intent to defraud withoutnaming any particular person intended to be defrauded, or specifying any particular sum of moneyintended to be the subject of the fraud or any particular day on which the offence was committed.PENAL CODE [Cap. 19423468. (1) Whoever without lawful authority or excuse, the proofwhereof shall lie on the person accused, shall have in his possession anyimitation of any currency note, bank note or coin which is lawfully currentin Sri Lanka or in any foreign country shall be guilty of an offence, andshall be liable to imprisonment of either description for any period notexceeding two years, or to fine, or to both.(2) For the purposes of this section the expression “imitation”includes cotton, silk or other woven goods impressed with designs inimitation of any currency note, bank note or coin lawfully current in SriLanka or in any foreign country.Possession of anyimitation of anycurrency note,bank note or coin.[§11,54 of 1939].OF PROPERTY-MARKS469. A mark used for denoting that movable propertybelongs to a particular person is called a property-mark.470. Whoever marks any movable property or goods, orany case, package, or other receptacle containing movableproperty or goods, or uses any case, package, or other receptaclehaving any mark thereon, with the intention of causing it to bebelieved that the property or goods so marked, or any propertyor goods contained in any case, package, or other receptacle somarked, belong to a person to whom they do not belong, is saidto ” use a false property- mark”.471. Whoever uses any false property-mark with intent todeceive or injure any person shall be punished withimprisonment of either description for a term which may extendto one year, or with fine, or with both.472. Whoever with intent to cause damage or injury to thepublic or to any person, knowingly counterfeits anyproperty-mark used by any other person shall be punished withimprisonment of either description for a term which may extendto two years, or with fine, or with both.Property-mark.” Using a falseproperty mark”,Punishment forusing a falseproperty – markwith intent todeceive or injureany person.Counterfeiting aproperty- markused by anotherwith intent tocause damage orinjury.Cap. 19] PENAL CODE424Counterfeitingproperty-markused by a publicofficer, or anymark used by himto denote themanufacture,quality, &c., ofany property.Fraudulentmaking orhaving.possession of anydie, plate, orother instrumentfor counterfeitingany public orprivateproperty-mark.Knowinglysellgoods markedingwith a counterfeitproperty-mark.473. Whoever, with intent to cause damage or injury to thepublic or to any person, knowingly counterfeits anyproperty-mark used by a public officer, or any mark used by apublic officer to denote that any property has beenmanufactured by a particular person or at a particular time orplace, or that the same is of a particular quality, or has passedthrough a particular office, or that it is entitled to anyexemption, or uses as genuine any such mark knowing the sameto be counterfeit, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, andshall also be liable to fine.474. Whoever makes or has in his possession any die. plate,or other instrument for the purpose of making or counterfeitingany public or private property-mark with intent to use the samefor the purpose of counterfeiting such mark or has in hispossession any such property-mark with intent that the sameshall be used for the purpose of denoting that any goods ormerchandise were made or manufactured by any particularperson or firm by whom they were not made, or at a time orplace at which they were not made, or that they are of aparticular quality of which they are not, or that they belong to aperson to whom they do not belong, shall be punished withimprisonment of either description for a term which may extendto three years, or with fine, or with both.475. Whoever sells any goods with a counterfeitproperty-mark, whether public or private, affixed to orimpressed upon the same or upon any case, wrapper, orreceptacle in which such goods are packed or contained,knowing that such mark is forged or counterfeit, or that thesame has been affixed to or impressed upon any goods ormerchandise not manufactured or made by the person or at thetime or place indicated by such mark, or that they are not of thequality indicated by such mark, with intent to deceive, injure, ordamage any person, shall be punished with imprisonment ofeither description for a term which may extend to one year, orwith fine, or with both.PENAL CODE [Cap. 10425Fraudulentlymaking a falsemark upon anypackage orreceptaclecontaininggoods.Defacing anyproperty. markwith intent tocause injury.[§3, 19 of 1941.]Counterfeitingcurrency notes orbank notes.[§3,19 of 1941.]476. Whoever fraudulently makes any false marks uponany package or receptacle containing goods, with intent tocause any public officer or any other person to believe thatsuch package or receptacle contains goods which it does notcontain, or that it does not contain goods which it does contain,or that the goods contained in such package or receptacle areof a nature or quality different from the real nature or qualitythereof, shall be punished with imprisonment of eitherdescription for a term which may extend to three years, or withfine, or with both.477. Whoever fraudulently makes use of any such Punishment false markwith intent last aforesaid, knowing such uc>r mAmg mark to be false, shall bepunished in the manner such false mentioned in the last preceding section.mark.478. Whoever removes, destroys, or defaces anyproperty-mark, intending or knowing it to be likely that he maythereby cause injury to any person, shall be punished withimprisonment of either description for a term may extend toone year, or with fine, or with both.OF CURRENCY NOTES AND BANK NOTES478A. (1) Whoever forges or counterfeits, or knowinglyperforms any part of the process of forging or counterfeiting,any currency note or bank note shall be punished withimprisonment of either description for a term which mayextend to twenty years and shall also be liable to fine.(2) For the purposes of this section and of sections 478B,478C, and 478D—(a) ” bank note ” means a promissory note or engagementfor the payment of money to bearer on demandissued by any person carrying on the business ofbanking in any part of the world, or issued by orunder the authority of any state or sovereign powerand intended to be used as equivalent to, or as asubstitute for, money ;Cap. 19 ] PENAL CODE426Possession offorged orcounterfeitcorrency notesor bank notes.[§3, 19 of 1941]Making orpossessinginstrumentor materialsfor forgingor counterfeitingcurrencynotes orbank notes.[§ 3,19 of 1941.](b) “currency note” means a currency note issued under theCeylon Paper Currency Ordinance, 1884, the MonetaryLaw Act (Chapter 422), or any enactment in operationfor the time being relating to the issue of papercurrency in Ceylon and includes any note of a similarcharacter, by whatever name called, issued by anyforeign state.Ueiinfn(5Sfored 478B. Whoever sells to, or buys or receives from or^ounteTfeh anyother person or otherwise traffics in or uses as cunency ncte genuine, any forged orcounterfeit currency note or o§3 19on^fi] bank note, knowing or having reason tobelieve the same to be forged or counterfeit, shall be punished with imprisonment ofeither description for a term which may extend to twenty years and shall also be liableto fine.478C. Whoever has in his possession any forged or counerfeitcurrency note or bank note, knowing or having reason to believe thesame to be forged or counterfeit and intending to use the same asgenuine, or that it may be used as genuine, shall be punished withimprisonment of either description for a term which may extend totwenty years or with fine or with both.478D. Whoever makes, or performs any part of the process ofmaking, or buys or sells, or disposes of, or has in his possession,any machinery, instrument or material for the purpose of beingused, or knowing or having reason to believe that it is intended to beused, for forging or counterfeiting any currency note or bank note,shall be punished with imprisonment of either description for a termwhich may extend to twenty years and shall also be liable to fine.CHAPTER XIXOF DEFAMATION479. Whoever, by words either spoken or intended to be read, orby signs or by visible representations, makesPENAL CODE [Cap. 19427Imputation of anytruth which thepublic goodrequires to bemade orpublished.Conduct of apublic officer inthe discharge ofhis publicfunctions.Conduct of anyperson touchingany publicquestion.or publishes any imputation concerning any person, intending to harm,or knowing or having reason to believe that such imputation will harm,the reputation of such person, is said, except in the cases hereinafterexcepted, to defame that person.Explanation 1.—It may amount to defamation to impute anything to adeceased person if the imputation would harm the reputationof that person if living, and is intended to be hurtful to thefeelings of his family or other near relatives.Explanation 2.—It may amount to defamation to make an imputationconcerning a company or an association or collection ofpersons as such.Explanation 3.—An imputation in the form of an alternative, orexpressed ironically, may amount to defamation.Explanation 4.—No imputation is said to harm a person’s reputationunless that imputation, directly or indirectly, in the estimationof others, lowers the moral or intellectual character of thatperson, or lowers the character of that person in respect of hiscaste or of his calling, or lowers the credit of thaterson, or causes it to be believed that the body of at person is ina loathsome state, or in a state generally considered asdisgraceful.Illustrations(a) A says—”Z is an honest man; he never stole B’s watch” ;intending to cause it to be believed that Z did steal B’s watch.This is defamation, unless it falls within one of the exceptions.(b) A is asked who stole B’s watch. A points to Z, intending to causeit to be believed that Z stole B’s watch. This is defamation,unless, it, falls, within one of the exceptions.(c) A draws a picture of Z running away with. B’s watch, intending itto be believed that Z stole B’s watch. This is defamation,unless it falls within one of the exceptions.First exception. —It is not defamation to impute anything which istrue concerning any person, if it be for the public good that theimputation should be made or published. Whether or not it is for thepublic good is a question of fact.Second exception. —It is not defamation to express in good faith anyopinion whatever respecting the conduct of a public officer in thedischarge of his public functions, or respecting his character, so far as hischaracter appears in that conduct, and no further.Third exception. —It is not defamaton to express in good faith anyopinion whatever respecting the conduct of any person touching anypublic question, and reapecting his character, so far as his characterappears in that conduct, and no further.PCap. 19] PENAL CODE428Publication ofreports ofproceedings ofCourts.Merits of a casedecided in a Courtor conduct ofwitnesses andothers concernedtherein.Merits of apublicperformance.IllustrationIt is not defamation in A to express in good . faith .any opinion whatever respecting ^ Z’s conduct in petitioningGovernment on a^ public question, in signing ^ a requisition fora meeting on a public question, in presiding or attending at suchmeeting, in forming or joining any society which invites thepublic support, in voting or canvassing for a particularcandidate for any situation in the efficient discharge of theduties of which the public is interested.Fourth exception. —It is not defamation to publish a substantially truereport of the proceedings of a Court or of the result of any suchproceedings.Explanation.——A Magistrate or other officerholding an inquiry in open court preliminary to a trial in a Courtis a court within the meaning of the above exception.Fifth exception. —It is not defamation to express in good faith anyopinion whatever respecting the merits of any case, civil or criminal,which has been decided by a Court, or respecting the conduct of anyperson as a party, witness, or agent, in any such case, or respecting thecharacter of such person, as far as his character appears in that conduct,and no further.Illustrations(a) A says—”I think Z’s evidence on that trial is socontradictory that he must be stupid or dishonest”. A is withinthis exception it he says this in good faith, inasmuch as theopinion which he expresses respects Z’s character as it appearsin Z’s conduct as a witness, and no further.(b) But if A says—”I do not believe what Zasserted atthat trial because I know him to be a man without veracity” A isnot within this exception, inasmuch as the opinion which heexpresses of Z’s character is an opinion not founded on Z’sconduct as a witness.Sixth exception. —It is pot defamation to express in good faith anyopinion respecting the merits of any performance which its author hassubmitted to the judgment of the public, or respecting the character of theauthor so far as his character appears in such performance, and no further.Explanation. —A performance may be submittedto the judgment of the public expressly or by acts on the part of theauthor which imply such submission to the judgment of the public.Illustrations(a) A person who publishes a book submits thatbook tothe judgment of the public.(b) A person who makes a speech in public submitsthatspeech to the judgment of the public.(c) An actor or singer who appears on a publicstage submits his acting or singing to the judgment of the public.(d) A says of a book published by Z—”‘Z’s booh isfoolish, Z must be a weak man, Z’s book is indecent, Z must bea man of impure mind”. A is within thisPENAL CODE [Cap. 19429Censure passed ingood faith by aperson havinglawful authorityover another.Accusationagaist a personperferred ingood faith to aperson havingluwful authorityover thatperson.Imputationmade in goodfaith by aperson for theprotection ofhis interests.exception if he says this in good faith, inasmuch as the opinionwhich he expresses of Z respects Z’s character only so far as itappears in Z’s book, and no further.(e) But if A says—” I am not surprised that Z’s book is foolish andindecent, for he is a weak man and a libertine “, A is not withinthis exception, inasmuch as the opinion which he expresses of Z’scharacter is an opinion not founded on Z’s book.Seventh exception.—It is not defamation in a person having overanother any authority, either conferred by law or arising out of a lawfulcontract made with that other, to pass in good’ faith any censure on theconduct of that other in matters to which such lawful authority relates.IllustrationA Judge censuring in good faith the conduct of a witness or for anofficer of the court; a head of a department censuring in good faiththose who are under his orders ; a parent censuring in good faith achild in the presence of other children ; a schoolmaster, whoseauthority is derived from a parent, censuring in good faith a pupilin the presence of other pupils; a master censuring a servant ingood faih for remissness in service; a banker censuring in goodfaith the cashier of his bank for the conduct of such cashier assuch cashier—are within this exception.Eighth exception.—It is not defamation to prefer in good faith anaccusation against any person to any of those who have lawful authorityover that person with respect to the subject-matter of accusation.IllustrationIf A in good faith accuses Z before a Magistrate ; if A in good faithcomplains of the conduct of Z, a servant, to Z’s master ; if A in goodfaith complains of the conduct of Z; a child, to Z’s father—A iswithin this exception.Ninth exception.—It is not defamation to make an imputation on thecharacter of another, provided that the imputation be made in good faithfor the protection of the interests of the person making it, or of any otherperson, or for the public good.Illustrations(a) A, a shopkeeper, says to B, who manages his business ” Sellnothing to Z unless he pays you ready money, for I have noopinion of his honesty”. A is within the exception, if he has madethis imputation on Z in good faith for the protection of his owninterests.(b) A, a public officer, in making a report to his superior officer,casts an imputation on the character of Z. Here, if the imputation ismade in good faith, and for the public good, A is within theexception.Cap. 19] PENAL CODE430Caution intendedfor the good ofthe person towhom it isconveyed or forthe public good.Punishmentfordefamation.Printing orengraving matterknown to bedefamatory.Sale ofprinted orengravedsubstancecontainingdefamatorymatter.Criminalintimidation.Tenth exception.—It is not defamation to convey a caution, in goodfaith, to one person against another, provided that such caution beintended for the good of the person to whom it is conveyed, or of someperson in whom that person is interested, or for the public good.480. Whoever defames another shall be punished withsimple imprisonment for a term which may extend to twoyears, or with fine, or with both.481. Whoever prints or engraves any matter, knowing orhaving good reason to believe that such matter is defamatory ofany person, shall be punished with simple imprisonment for aterm which may extend to two years, or with fine, or with both.482. Whoever sells or offers for sale any printed orengraved substance containing defamatory matter, knowingthat it contains such matter, shall be punished with simpleimprisonment for a term which may extend to two years, orwith fine, or with both.Punishment 482A. Whoever, having been sentenced to a term ofof personsreconvicted twelve months’ imprisonment or upwards for an offenceunder thisChapter. punishable under this Chapter shall again be convictedof any offence punishable under this Chapter, shall be liable forevery such subsequent conviction, at the discretion of the court,to imprisonment of either description, which may extend to twoyears, or to fine, or to both such punishments.CHAPTER XXOF CRIMINAL INTIMIDATION, INSULT, AND ANNOYANCE483. Whoever threatens another withany injury to his person, reputation, or property, or to theperson or reputation of any one in whom that person isinterested with intent to cause alarm to that person, or tocause that person to do any act which he is not legallyboundPENAL CODE [Cap. 19431Intentionalinsult withintent toprovoke abroach of thepeace.Circulating falsereport with intent tocause mutiny or anoffence against theState, & c.Punishmentfor criminalintimidation.Ifthreat be tocause death orgrievous hurt,to do, or to omit to do any act which that person is legally entitled to do,as the means of avoiding the execution of such threat, commits criminalintimidation.Explanation.—A threats to injure the reputation of any deceasedperson in whom the person threatened is interested is within thissection.IllustrationA, for the purpose of inducing B to desist from . prosecuting a civilsuit,threatens to burn B’s house. A is guilty of criminalintimidation.484. Whoever intentionally insults and thereby gives provocationto any person, intending or knowing it to be likely that such provocationwill cause him to break the public peace, or to commit any other offence,shall be punished with imprisonment of either description for a termwhich may extend to two years, or with fine, or with both.485. Whoever circulates or publishes any statement, rumour, orreport which he knows to be false, with intent to cause any officer, sailor,soldier, or airman in the Sri Lanka navy, Sri Lanka army, or Sri Lanka airforce to mutiny, or with intent to cause fear or alarm to the public, andthereby to induce any person to commit an offence against the State oragainst the public tranquillity, shall be punished with imprisonment ofeither description for a term which may extent to two years, or with fine,or with both.486. Whoever commits the offence of criminal intimidation shallbe punished with imprisonment of either description for a term whichmay extend to two years, or with fine, or with both ;and if the threat be to cause death or grievous hurt,or to cause the destruction of any propery by fire, or to causean offence punishable with death or with imprisonment for aterm which may extend to seven years, or to imputeunchastity to a woman, shall be punished with imprisonmentof either description for a term which may extend to sevenyears, or with fine, or with both.Cap. 19] PENAL CODE432Criminalintimidation by ananonymouscommunication.Misconduct inpublic bydrunkenperson.Administeringor taking orabetting theadministeringor taking of anoath to commitan offence.487. Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precautionto conceal the name or abode of the person from whom the threat comes,shall be punished with imprisonment of either discription for a termwhich may extend to two years, in addition to the punishment providedfor the offence by the last preceding section.IllustrationA, writes an anonymous letter threatening B, and sendsit to C, living with B, expecting and believing C would show theletter to B ; A is guilty under this section.488. Whoever, in a state of intoxication, appear in anypublic place or in any place which it is a trespass in him to enter, andthere conducts himself in such a manner as to cause annoyance to anyperson, shall be punished with simple imprisonment for a term whichmay extend to one month, or with fine which may extend to one hundredrupees, or with both.CHAPTER XXIOF UNLAWFUL OATHS489. Whoever administers or causes to be administered, or abets the administering or taking of any oath, engagement, orobligation in the nature of an oath, purporting or intending to bind theperson taking the same to commit or abet the commitment of anyoffence, or takes any such oath, engagement, or obligation, if the offenceto which the oath, engagement, or obligation relates be punishable withdeath or imprisonment for twenty years, shall be punished withimprisonment of either description which may extend to twenty years, orwith fine, or both, and if the offence is punishable with imprisonment forless than twenty years shall be punished with such punishment as may beawarded for the offence to which such oath, engagement, or obligationrelates.PENAL CODE Cap. 19]433Punishmant forattempting tocommit offencespunishable withimprisonment.CHAPTER XXIIOF ATTEMPTS TO COMMIT OFFENCES490. Whoever attempts to commit an offence punishableby this Code with imprisonment, or to cause such an offence tobe committed, and in such attempt does any act towards thecommission of the offence shall, where no express provision ismade by this Code for the punishment of such attempt, bepunished with imprisonment of either description provided forthe offence, for a term which may extend to one-half of thelongest term provided for that offence, or with such fine as isprovided for the offence, or with both.Illustrations(a) A, makes an , attempt to steal jsome jewels by , breaking open a . box, ahd finds . after Tso , opening the boxthat there is no jewel in it. He has . done an acttowards the commission of theft, and therefore isguilty under this section.(b) A, makes ,an attempt to .pick the pocket ,,of .Z bythrusting . his hand into Zs.pocket. A fails in theattempt in . consequence of . Z having nothing in hispocket. A is guilty under this section.(* See foot-note at page 284)The Constitution of the Democratic SocialistRepublic of Sri LankaThe definition of “public officer” contained in Article 170 ofthe Constitution as follows :—”public officer” means a person who holds any paid officeunder the Republic, other than a judicial officer butdoes not include—(a) the President ;(b) the Speaker;(c) a Minister;(d) a member of the Judicial Service Commission ;(e) a member of the Public Service Commission ; f) aDeputy Minister;(g) a Member of Parliament;(h) the Secretary-General of Parliament;(i) a member of the President’s staff;(j) a member of the staff of the Secretary-General ofParliament.