PENAL CODE oRDINANCE

Arrangement of Sections

CHAPTER I

1. Short title.

2. Liability for offences under this Code.

3. Roman-Dutch Criminal Law abolished.

4. Certain laws not to be affected.

CHAPTER II

GENERAL EXPLANATIONS

5. Definitions to be understood subject to exceptions.

6. Expression once explained is used in the same sense throughout the Code.

7. Gender.

8. Number.

9. "Man”, "Woman”.

10. "Person”.

11. "Public”.

12. "Republic”.

13. Omitted.

14. "Government”.

15. "This Island”, "Sri Lanka”, "foreign country”, "foreign State”.

16. "President”.

17. "Judge”.

18. "Court of Justice”.

18A. "Election”.

19. "Public Servant”.

20. "Movable property”.

21. "Wrongful gain”, "Wrongful loss”.

22. "Dishonestly”.

23. "Fraudulently”.

24. "Reason to believe”.

25. Property in possession of wife, clerk, or servant.

26. "Counterfeit”.

27. "Document”.

28. "Valuable security”.

29. "A will”.

30. Words referring to acts include illegal omissions.

31. "Act”.

32. Liability for act done by several persons in furtherance of common intention.

33. When such an act is criminal by reason of its being done with a criminal knowledge or intention.

34. Effect caused partly by act and partly by omission.

35. Co-operation by doing one of several acts constituting an offence.

36. Several persons engaged in the commission of a criminal act may be guilty of different offences.

37. "Voluntarily”.

38. "Offence”.

39. "Special law”.

40. "Local law”.

41. "Illegal”, "Illegally”.

42. "Legally bound to do”.

43. "Injury”.

44. "Life”.

45. "Death”.

46. "Animal”.

47. "Vessel”.

48. "Year”, "Month”.

49. "Section”.

50. "Oath”.

51. "Good Faith”.

CHAPTER III

OF PUNISHMENTS

52. "Punishment”.

53. Punishment of detention in lieu of death for persons under eighteen years of age.

54. Punishment of imprisonment in lieu of death for pregnant women.

55. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.

56. Sentence of forfeiture of property.

57. No female or person sentenced to death or imprisonment for more than five years to be punished with whipping.

58. Repealed.

59. Repealed.

60. Repealed.

61. Repealed.

62. Repealed.

63. Repealed.

64. Repealed.

65. Repealed.

66. Repealed.

67. Limit of punishment of offence which is made up of several offences.

67A. Punishment of a person found guilty of one of several offences, where it is doubtful of which of the offences he is guilty.

68. Punishment of persons, convicted, after a previous conviction of an offence punishable with three years' imprisonment.

CHAPTER IV

GENERAL EXCEPTIONS

69. Act done by a person bound or by mistake of fact believing himself bound by law to do it.

70. Act of Judge when acting judicially.

71. Act done pursuant to the Judgment or order of a Court of Justice.

72. Act done by a person justified or by mistake of fact believing himself justified by law.

73. Accident in the doing of a lawful act.

74. Act likely to cause harm but done without a criminal intent and to prevent other harm.

75. Act of a child under eight years of age.

76. Act of a child above eight and under twelve years of age, who has not sufficient maturity of understanding.

77. Act of a person of unsound mind.

78. Act of a person incapable of judgment by reason of intoxication caused against his will.

79. Offence requiring a particular intent or knowledge commuted by one who is intoxicated.

80. Act not intended and not known to be likely to cause death or grievous hurt done by consent.

81. Act not intended to cause death done by consent in good faith for the benefit of a person.

82. Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian.

83. Consent known to be given under fear or misconception.

84. Acts which are offences independently of harm caused to the person consenting are not within the exceptions in sections 80, 81 and 82.

85. Act done in good faith for the benefit of a person without consent.

86. Communication made in good faith.

87. Act to which a person is compelled by threats.

88. Act causing slight harm.

OF THE RIGHT OF PRIVATE DEFENCE

89. Nothing done in private defence is an offence.

90. Right of private defence of the body and of property.

91. Right of private defence against the act of a person of unsound mind.

92. Acts against which there is no right of private defence.

93. When the right of private defence of the body extends to causing death.

94. When such right extends to causing any harm other than death.

95. Commencement and continuance of the right of private defence of the body.

96. When the right of private defence of property extends to causing death.

97. When such right extends to causing any harm other than death.

98. Commencement and continuance of the right of private defence of property.

99. Right of private defence against deadly assault when there is risk of harm to an innocent person.

CHAPTER V

OF ABETMENT

100. Abetment of the doing of a thing.

101. Abettor.

101A. Abetment in Sri Lanka of offences outside it.

102. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment.

103. Punishment of abetment if the person abetted does the act with a different intention from that of the abettor.

104. Liability of abettor when one act is abetted and a different act is done.

105. Abettor when liable to cumulative punishment for act abetted and for act done.

106. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.

107. Abettor present when offence is committed.

108. Abetment of an offence punishable with death, if the offence be not committed in consequence of the abetment. If an act which causes harm be done in consequence of the abetment.

109. Abetment of an offence punishable with imprisonment if the offence be not committed in consequence of the abetment. If the abettor or the person abetted be a Public Servant, whose duty it is to prevent the offence.

110. Abetting the Commission of an offence by the public, or by more than ten persons.

111. Concealing a design to commit an offence punishable with death or imprisonment for twenty years.

112. A Public Officer concealing a design to commit an offence which it is his duty to prevent.

113. Concealing a design to commit an offence punishable with imprisonment.

CHAPTER VA

OF CONSPIRACY

113A. Definition of conspiracy.

113B. Punishment for conspiracy.

CHAPTER VI

OF OFFENCES AGAINST THE STATE

114. Waging or attempting to wage war, or abetting the waging of war, against the state.

115. Conspiracy to commit offence punishable by preceding section.

116. Collecting arms with the intention of waging war against the Republic.

117. Concealing with intent to facilitate a design to wage war.

118. Repealed.

119. Assaulting President with intent to compel or restrain the exercise of any lawful power.

120. Exciting or attempting to excite disaffection.

121. Waging war against any Power in alliance or at peace with the Republic.

122. Committing depredation on the territories of any Power in alliance or at peace with the Republic.

123. Receiving property taken by war or depredation mentioned in sections 121 and 122.

124. Public Servant voluntarily allowing prisoner of State or war in his custody to escape.

125. Public Servant negligently suffering prisoner of State or war in his custody to escape.

126. Aiding escape of, rescuing, or harboring such prisoner.

127. Authority of Attorney-General required for prosecution under this Chapter.

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, NAVY, AND AIR FORCE

128. Abetting mutiny or attempting to seduce a Soldier, Sailor, or Airman, from his duty.

129. Abetment of mutiny, if mutiny is committed in consequence thereof.

130. Abetment of an assault by a Soldier, Sailor, or Airman on his superior officer, when in the execution of his office.

131. Abetment of such assault, if the assault is committed.

132. Abetment of the desertion of a Soldier, Sailor, or Airman.

133. Harbouring a deserter.

134. Deserter concealed on board Merchant vessel though negligence of master.

135. Abetment of act of insubordination by a Soldier, Sailor or Airman.

136. Persons subject to Army Act, Navy Act, or Air Force Act not punishable for offences in this Chapter.

137. Wearing the dress of a Soldier, Sailor, or Airman.

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

138. Unlawful assembly.

139. Being a member of an unlawful assembly.

140. Punishment.

141. Joining an unlawful assembly armed with any deadly weapon.

142. Joining or continuing in an unlawful assembly knowing that it has been commanded to disperse.

143. Force used by one member in prosecution of common object.

144. Punishment for rioting.

145. Rioting, armed with a deadly weapon.

146. Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object.

147. Hiring or conniving at hiring of person to join an unlawful assembly.

148. Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse.

149. Assaulting or obstructing Public Servant when suppressing riot.

150. Wantonly giving provocation, with intent to cause riot.

151. Owner or occupier of land on which an unlawful assembly is held.

152. Liability of person for whose benefit a riot is committed.

153. Liability of Agent of owner or occupier for whose benefit a riot is committed.

154. Harbouring Persons hired for an unlawful assembly.

155. Being hired to take part in an unlawful assembly or riot.

156. "Affray”.

157. Punishment for committing affray.

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

158. Public Servant taking a gratification other than legal remuneration in respect of an official act.

159. Taking a gratification in order by corrupt or illegal means, to influence a Public Servant.

160. Taking a gratification for the exercise of personal influence with a Public Servant.

161. Punishment for abetment by Public Servant of the offences above defined.

162. Public Servant disobeying a direction of the law with intent to cause injury to any person or the Government.

163. Public Servant framing an incorrect document with intent to cause injury.

164. Fraudulent or malicious infraction of duty by Public Servant in Posts or Telecommunications Departments.

165. Misconduct by Public Servant in Posts or Telecommunications Departments.

166. Fraud by Public Servant in Posts or Telecommunications Departments.

167. Injury to messages, committed by Public Servants in Posts or Telecommunications Departments.

168. Personating a Public Servant.

169. Wearing garb or carrying token used by Public Servants with fraudulent intent.

CHAPTER IXA

OF OFFENCES RELATING TO ELECTIONS

169A. "Candidate” and "electoral right”.

169B. Bribery in connection with an election.

169C. Undue influence at elections.

169D. Personation at elections.

169E. Punishment for bribery.

169F. Punishment for undue influence or personation at an election.

169G. False statement in connection with an election.

169H. Failure to keep election accounts.

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

170. Absconding to avoid service of summons, notice or order proceeding from a Public Servant.

171. Preventing service of summons, notice or order proceeding from a Public Servant or preventing publication thereof.

172. Non-attendance in obedience to an order from a Public Servant.

173. Omission to produce a document to a Public Servant by a person legally bound to produce such document.

174. Omission to give notice or information to a Public Servant by a person legally bound to give notice or information.

175. Furnishing false information.

176. Refusing oath when duly required to take oath by a Public Servant.

177. Refusing to answer a Public Servant authorised to question.

178. Refusing to sign statement.

179. False statement on oath to Public Servant or person authorised to administer an oath.

180. False information with intent to cause a Public Servant to use his lawful power to the injury of another person.

181. Resistance to taking of property by the lawful authority of a Public Servant.

182. Obstructing sale of property offered for sale by authority of a Public Servant.

183. Obstructing Public Servant in discharge of his public functions.

184. Omission to assist Public Servant when bound by law to give assistance.

185. Disobedience to an order duly promulgated by a Public Servant.

186. Threat of injury to a Public Servant.

187. Threat of injury to induce any person to refrain from applying for protection to a Public Servant.

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

188. Giving "false evidence”.

189. Fabricating "false evidence”.

190. Punishment for giving or fabricating false evidence.

191. Giving or fabricating false evidence with intent to procure conviction of a capital offence.

192. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for seven years or upwards.

193. Using evidence known to be false.

194. Issuing or signing a false certificate.

195. Using as a true certificate one known to be false in a material point.

196. False statement made in any declaration which is by law receivable as evidence.

197. Using as true any such declaration known to be false.

198. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender.

199. Intentional omission to give information of an offence by a Person bound to inform.

200. Giving false information committed, respecting an offence committed.

201. Destruction of document to prevent its production as evidence.

202. False personation for the purpose of any act or proceeding in a suit.

203. Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree.

204. Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of decree.

205. Fraudulently suffering a decree for a sum not due.

206. Fraudulently or dishonestly making a false claim in a court of Justice.

207. Fraudulently obtaining a decreed or a sum not due.

208. False charge of offence made with intent to injure.

209. Harbouring an offender.

210. Taking gratification to screen an offender from punishment.

211. Offering gratification or restoration of property in consideration of screening offender.

212. Taking gratification to help to recover stolen property.

213. Harbouring an offender who has escaped from custody or whose apprehension has been ordered.

214. Public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture.

215. Public Servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture.

216. Intentional omission to apprehend on the part of a Public Servant bound by law to apprehend.

217. Intentional omission to apprehend on the part of a Public Servant bound by law to apprehend person under sentence or lawfully committed.

218. Escape from confinement or custody negligently suffered by a Public Servant.

219. Resistance or obstruction by a Person to his lawful apprehension.

219A. Resistance or obstruction to apprehension under a civil process.

220. Resistance or obstruction to the lawful apprehension of another person.

220A. Resistance, obstruction, escape, or rescue in cases not otherwise provided for.

221. Escape from lawful custody.

222. Violation of condition of remission of punishment.

223. Intentional insult or interruption of a Public Servant sitting in any stage of a judicial proceeding.

224. Personation of a juror or assessor.

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

225. Meaning of "coin” and "current coin”.

226. Counterfeiting coin.

227. Counterfeiting current coin.

228. Making or selling instrument for counterfeiting coin.

229. Making or selling instrument for counterfeiting current coin.

230. Possession of instrument or material for the purpose of using the same for counterfeiting coin.

231. Abetting in Sri Lanka the counterfeiting of coin out of Sri Lanka.

232. Import or export of counterfeit coin.

233. Import or export of counterfeit of current coin.

234. Delivery to another of counterfeit coin possessed with the knowledge that it is counterfeit.

235. Delivery of current coin possessed with the knowledge that it is counterfeit.

236. Delivery to another of coin as genuine which when first possessed the deliverer did not know to be counterfeit.

237. Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof.

238. Possession of counterfeit current coin by a person who knew it to be counterfeit when he became possessed thereof.

239. Fraudulently or dishonestly diminishing the weight or altering the composition of any coin.

240. Fraudulently or dishonestly diminishing the weight or altering the composition of current coin.

241. Altering appearance of any coin with intent that it shall pass as a coin of a different description.

242. Altering appearance of current coin with intent that it shall pass as a coin of a different description.

243. Delivery to another of coin possessed with the knowledge that it is altered.

244. Delivery of coin with the knowledge that it is altered.

245. Possession of altered coin by a person who knew it to be altered when he became possessed thereof.

246. Possession of current coin by a person who knew it to be altered when he became possessed thereof.

247. Delivery to another of coin as genuine which when first possessed the deliverer did not know to be altered.

248. Counterfeiting a Government stamp.

249. Having possession of an instrument or material for the purpose of counterfeiting a Government stamp.

250. Making or selling instrument for the purpose of counterfeiting a Government stamp.

251. Sale of a counterfeit Government stamp.

252. Having possession of a counterfeit Government stamp.

253. Using as genuine a Government stamp known to be counterfeit.

254. Effacing any writing from a substance bearing a Government stamp or removing from a document a stamp used for it with intent to cause loss to Government.

255. Using a Government stamp known to have been before used.

256. Erasure of mark denoting that stamp has been used.

256A. Scope of the expression "Government” in sections 248 to 256.

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

257. Fraudulent use of false weighing or measuring instrument.

258. Fraudulent use of false weight or measure.

259. Being in Possession of false weights or measures.

260. Making or selling false weights or measures.

CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

261. Public nuisance.

262. Negligent act likely to spread infection of any disease dangerous to life.

263. Malicious act likely to spread infection of any disease dangerous to life.

264. Disobedience to a quarantine rule.

265. Adulteration of food or drink which is intended for sale.

266. Sale of noxious food or drink.

267. Adulteration of drugs.

268. Sale of adulterated drugs.

269. Sale of any drugs as a different drug or preparation.

270. Fouling the water of a public spring or reservoir.

271. Making atmosphere noxious to health.

272. Rash driving or riding on a public way.

273. Rash navigation of a vessel.

274. Exhibition of a false light, mark, or buoy.

275. Conveying person by water for hire in a vessel overloaded or unsafe.

276. Danger or obstruction in a public way or line of navigation.

277. Negligent conduct with respect to any poisonous substance.

278. Negligent conduct with respect to any fire or combustible matter.

279. Negligent conduct with respect to any explosive substance.

280. Negligent conduct with respect to any machinery in the possession or under the charge of the offender.

281. Negligence with respect to pulling down or repairing buildings.

282. Negligence with respect to any animal.

283. Punishment for public nuisance in cases not otherwise provided for.

284. Continuance or nuisance after injunction to discontinue.

285. Sale of obscene books.

286. Having in possession obscene books, for sale or public exhibition.

286A. Obscene publication, exhibition relating to children.

286B. Duty of person providing service by computer to prevent sexual abuse of a child.

286C. Duty to inform of use of premises for child abuse.

287. Obscene songs.

288. Causing or procuring children to beg.

288A. Hiring or employing children to act as procurers.

288B. Hiring or employing children to traffic in restricted articles.

289. Willful omission of statutory duty.

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

290. Injuring or defiling a place of worship with intent to insult the religion of any class.

290A. Acts in relation to places of worship with intent to insult the religion of any class.

291. Disturbing a religious assembly.

291A. Uttering words with deliberate intent to wound religious feelings.

291B. Deliberate and malicious acts intended to outrage religious feelings of any class, by insulting its religion or religious beliefs.

292. Trespassing on burial places.

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

OF OFFENCES AFFECTING LIFE

293. Culpable homicide.

294. Murder.

295. Culpable homicide by causing the death of a person other than the person whose death was intended.

296. Punishment for murder.

297. Punishment for culpable homicide not amounting to murder.

298. Causing death by negligence.

299. Abetment of suicide.

300. Attempt to murder.

301. Attempt to commit culpable homicide.

302. Repealed.

OF THE CAUSING OF MISCARRIAGE, OR INJURIES TO UNBORN CHILDREN OF THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS

303. Causing miscarriage.

304. Causing miscarriage without woman's consent.

305. Death caused by an act done with intent to cause miscarriage.

306. Act done with intent to prevent a child being born alive or to cause it to die after birth.

307. Causing death of a quick unborn child by an act amounting to culpable homicide.

308. Exposure and abandonment of a child under twelve years by parent or Person having care of it.

308A. Cruelty to children.

309. Concealment of birth by secret disposal of dead body.

OF HURT

310. "Cause hurt”.

311. "Grievous hurt”.

312. "Voluntarily causing hurt”.

313. "Voluntarily causing grievous hurt”.

314. Punishment for voluntarily causing hurt.

315. Voluntarily causing hurt by dangerous weapons or means.

316. Punishment for voluntarily grievous hurt.

317. Voluntarily causing grievous hurt by dangerous weapons or means.

318. Voluntarily causing hurt to extort property, or to constrain to an illegal act.

319. Causing hurt by means of poison with intent to commit an offence.

320. Voluntarily causing grievous hurt to extort property or to constrain to an illegal act.

321. Voluntarily causing hurt to extort confession or to compel restoration of property.

322. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.

323. Voluntarily causing hurt to deter Public Servant from his duty.

324. Voluntarily causing grievous hurt to deter Public Servant from his duty.

325. Voluntarily causing hurt on provocation.

326. Voluntarily causing grievous hurt on provocation.

327. Punishment for act which endangers life or the personal safety of others.

328. Causing hurt by an act which endangers life or the personal safety of others.

329. Causing grievous hurt by act which endangers life or the personal safety of others.

OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

330. "Wrongful restraint”.

331. "Wrongful confinement”.

332. Punishment for wrongful restraint.

333. Punishment for wrongful confinement.

334. Wrongful confinement for three or more days.

335. Wrongful confinement for ten or more days.

336. Wrongful confinement of person for whose liberation a writ has been issued.

337. Wrongful confinement in secret.

338. Wrongful confinement for the purpose of extorting property, or constraining to an illegal act.

339. Wrongful confinement for the purpose of extorting confession, or of completing restoration of property.

OF CRIMINAL FORCE AND ASSAULT

340. Force.

341. "Criminal force”.

342. "Assault”.

343. Punishment for using criminal force otherwise than on grave and sudden provocation.

344. Using criminal force to deter a Public Servant from discharge of his duty.

345. Sexual harassment.

346. Assault or criminal force with intent to dishonour a person otherwise than on grave and sudden provocation.

347. Assault or criminal force in attempt to commit theft of property carried by a person.

348. Assault or criminal force in attempt wrongfully to confine person.

349. Assaulting or using criminal force on grave and sudden provocation.

OF KIDNAPPING, ABDUCTION, SLAVERY, ETC

350. Kidnapping.

351. "Kidnapping from Sri Lanka”.

352. "Kidnapping from lawful guardianship”.

353. "Abduction”.

354. Punishment for kidnapping.

355. Kidnapping or abducting in order to murder.

356. Kidnapping or abducting with intent secretly and wrongfully to confine a person.

357. Kidnapping or abducting a woman to compel her for marriage.

358. Kidnapping or abducting in order to subject a person to grievous hurt, slavery.

358A. Debt bondage, serfdom, forced or compulsory labour, slavery and recruitment of children for use in armed conflict.

359. Wrongfully concealing or keeping in confinement a kidnapped person.

360. Kidnapping or abducting a child under ten years with intent to steal movable property from the person of such child.

360A. Procuration.

360B. Sexual exploitation of children.

360C. Trafficking.

360D. Offences related to adoption.

360E. Soliciting a child.

361. Repealed.

362. Repealed.

362A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

362B. Marrying again during the lifetime of husband or wife.

362C. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted.

362D. Marriage ceremony gone through with fraudulent intent without lawful marriage.

OF RAPE AND INCEST

363. "Rape”.

364. Punishment for rape.

CARNAL INTERCOURSE WITH YOUNG GIRLS

364A. Incest.

OF UNNATURAL OFFENCES AND GRAVE SEXUAL ABUSE

365. Unnatural offence.

365A. Acts of gross indecency between persons.

365B. Grave sexual abuse.

OF PUBLICATION OF MATTER RELATING TO CERTAIN OFFENCES

365C. Publication of matter relating to certain offences.

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY OF THEFT

366. "Theft”.

367. Punishment for theft.

368. Theft of cattle.

369. Theft in dwelling house.

370. Theft by clerk or servant of property in possession of master.

371. Theft after preparation made for causing death or hurt, in order to the committing of the theft.

OF EXTORTION

372. "Extortion”.

373. Punishment for extortion.

374. Putting person in fear of injury in order to commit extortion.

375. Extortion by putting person in fear of death or grievous hurt.

376. Putting person in fear of death or of grievous hurt in order to commit extortion.

377. Extortion by threat of accusation of an offence punishable with death or imprisonment for ten years.

378. Putting person in fear of accusation of offence in order to commit extortion.

OF ROBBERY

379. Robbery.

380. Punishment for robbery.

381. Attempt to commit robbery.

382. Voluntarily causing hurt in committing robbery.

383. Robbery with attempt to cause death or grievous hurt.

384. Attempt to commit robbery when armed with deadly weapon.

385. Punishment for belonging to a wandering gang of thieves.

OF CRIMINAL MISAPPROPRIATION OF PROPERTY

386. Dishonest misappropriation of property.

387. Dishonest misappropriation of property possessed by a deceased person at the time of his death.

OF CRIMINAL BREACH OF TRUST

388. "Criminal breach of trust”.

389. Punishment for criminal breach of trust.

390. Criminal breach of trust by carrier.

391. Criminal breach of trust by a clerk or servant.

392. Criminal breach of trust by Public Servant, or by Banker, Merchant, or Agent.

392A. Criminal breach by Public Servant in respect of money or balance of money.

392B. Criminal breach of trust by Agent in respect of postal articles.

OF THE RECEIVING OF STOLEN PROPERTY

393. "Stolen property”.

394. Dishonestly receiving stolen property.

395. Habitually dealing in stolen property.

396. Assisting in concealment of Stolen property.

397. Receiving stolen cattle or praedial products.

OF CHEATING

398. "Cheating”.

399. "Cheating by personation”.

400. Punishment for cheating.

401. Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect.

402. Punishment for cheating by personation.

403. Cheating and dishonestly inducing a delivery of property.

OF FRAUDULENT DEEDS AND DISPOSITIONS OF PROPERTY

404. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.

405. Dishonestly or fraudulently preventing from being made available for his creditors a debt or demand due to the offender.

406. Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration.

407. Dishonest or fraudulent removal or concealment of property or release of claim.

OF MISCHIEF AND ILLEGAL REMOVAL OF WRECKS

408. Mischief.

409. Punishment for committing mischief.

410. Committing mischief and thereby causing damage to the amount of fifty rupees.

411. Mischief by killing or maiming any animal of the value of ten rupees.

412. Mischief by killing or maiming cattle or any animal of the value of fifty rupees.

413. Mischief by injury to works of irrigation or by wrongfully diverting water.

414. Mischief by injury to public road, bridge, or river.

415. Mischief by causing inundation or obstruction to public drainage attended with damage.

416. Mischief by destroying or moving or rendering less useful a lighthouse or seamark.

417. Mischief by destroying or moving a landmark fixed by authority of a Public Servant.

418. Mischief by fire or explosive substance with intent to cause damage to the amount of one hundred rupees.

419. Mischief by fire or explosive substance with intent to destroy a house.

420. Mischief with intent to destroy or make unsafe a decked vessel or a vessel of a burden of ten tonnes or upwards.

421. Punishment for the mischief described in the last section when committed by fire or any explosive substance.

422. Punishment for intentionally running vessel aground or ashore with intent to commit theft.

423. Punishment for impeding the saving of a vessel.

424. Punishment for removing or secreting wreck.

425. Taking wreck into foreign port.

426. Mischief committed after preparation made for causing death or hurt.

OF CRIMINAL TRESPASS

427. "Criminal trespass”.

428. "House-trespass”.

429. "Lurking house-trespass”.

430. "Lurking house-trespass by night”.

431. "House-breaking”.

432. "House-breaking by night”.

433. Punishment for criminal trespass.

434. Punishment for house-trespass.

435. House-trespass in order to the commission of an offence punishable with death.

436. House-trespass in order to the commission of an offence punishable with imprisonment for ten years or more.

437. House-trespass in order to the commission of an offence punishable with imprisonment for less than ten years.

438. House-trespass after preparation made for causing hurt to any person.

439. Punishment for lurking house-trespass or house-breaking.

440. Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment.

441. Lurking house-trespass or house-breaking after preparation made for causing hurt to any person.

442. Punishment for lurking house-trespass by night or house-breaking by night.

443. Lurking house-trespass by night or house-breaking by night in order to the commission of an offence punishable.

444. Lurking house-trespass by night or house-breaking by night after preparation made for causing hurt to any person.

445. Grievous hurt caused by whilst committing lurking house-trespass or house-breaking.

446. All persons jointly concerned in house trespass by night or house-breaking by night to be punishable for death or grievous hurt caused by one of their member.

447. Dishonestly breaking open any closed receptacle containing or supposed to contain property.

448. Punishment for same offence when committed by person entrusted with custody.

449. Unlawful possession of house-breaking instrument or being armed with offensive weapon.

450. Being found in a building for unlawful purpose.

451. Loitering about by reputed thief.

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS, PROPERTY-MARKS, CURRENCY NOTES AND BANK NOTES

452. Forgery.

453. Making a false document.

454. Punishment for forgery.

455. Forgery of a record of a Court of Justice or of a public register of births.

456. Forgery of a valuable security or Will.

457. Forgery for the purpose of cheating.

458. "A forged document”.

459. Using as genuine, a forged document.

460. Making or possessing a counterfeit seal, plate with intent to commit a forgery punishable under section 456.

461. Making or possessing a counterfeit seal, plate with intent to commit a forgery punishable otherwise.

462. Having possession of a forged record or valuable security or Will known to be forged, with intent to use it as genuine.

463. Counterfeiting a device or mark used for authenticating documents described in section 456, or possessing counterfeit marked material.

464. Counterfeiting a device or mark used for authenticating documents other than those described in section 456, or possessing counterfeit marked material.

465. Sending false message by telegraph.

466. Fraudulent cancellation, destruction of a Will.

467. Falsification of accounts.

468. Possession of any imitation of any currency not bank note or coin.

OF PROPERTY-MARKS

469. Property-mark.

470. "Using a false property-mark”.

471. Punishment for using a false property-mark with intent to deceive or injure any person.

472. Counterfeiting a property-mark used by another with intent to cause damage or injury.

473. Counterfeiting property-mark used by a Public Servant, or any mark used by him to denote the manufacture, quality of any property.

474. Fraudulent making or having possession of any die, plate, or other instrument for counterfeiting any public or private property-mark.

475. Knowingly selling goods marked with a counterfeit property-mark.

476. Fraudulently making a false mark upon any package or receptacle containing goods.

477. Punishment for making use of any such false mark.

478. Defacing any property-mark with intent to cause injury.

OF CURRENCY NOTES AND BANK NOTES

478A. Counterfeiting currency notes or bank notes.

478B. Using as genuine forged or counterfeit currency note or bank note.

478C. Possession of forged or counterfeit currency notes.

478D. Making or possessing instrument or materials for forging or counterfeiting currency notes or bank notes.

CHAPTER XIX

(Repealed)

CHAPTER XX

OF CRIMINAL INTIMIDATION, INSULT, AND ANNOYANCE

483. Criminal intimidation.

484. Intentional insult with intent to provoke a breach of the peace.

485. Circulating false report with intent to cause mutiny or an offence against the Republic.

486. Punishment for criminal intimidation. If threat be to cause death or grievous hurt.

487. Criminal intimidation by an anonymous communication.

488. Misconduct in public by a drunken person.

CHAPTER XXI

OF UNLAWFUL OATHS

489. Administering or taking or abetting the administering or taking of an oath to commit an offence.

CHAPTER XXII

OF ATTEMPTS TO COMMIT OFFENCES

490. Punishment for attempting to commit offences punishable with imprisonment.

2 of 1883,

11 of 1887,

13 of 1888,

13 of 1890,

3 of 1892,

11 of 1895,

15 of 1898,

16 of 1898,

5 of 1903,

10 of 1903,

12 of 1906,

10 of 1909,

10 of 1910,

26 of 1912,

7 of 1915,

16 of 1918,

21 of 1919,

25 of 1919,

5 of 1924,

19 of 1926,

23 of 1937,

29 of 1938,

50 of 1939,

54 of 1939,

62 of 1939,

19 of 1941,

6 of 1944,

12 of 1945,

40 of 1945,

37 of 1946,

6 of 1968,

50 of 1980,

32 of 1991,

22 of 1995,

29 of 1998,

12 of 2002,

16 of 2006.

AN ORDINANCE to provide a general Penal Code for Ceylon.

[Date of Commencement: 1st January, 1885]

CHAPTER I

1. Short title.

This Ordinance may be cited as the Penal Code, and is generally referred to hereinafter as "this Code”.

2. Liability for offences under this Code.

(1) Every person shall be liable to punishment under this Code, and not otherwise, for every act or omission committed—

(a) wholly or partly within Sri Lanka;

(b) within the territorial waters or air space of Sri Lanka;

(c) on board any ship or aircraft registered in Sri Lanka, wherever it may be at the time of the Commission of such act or such Commission;

(d) within the premises of a Sri Lankan mission or the residence of the Head of such mission, diplomatic Agent or any other member of such mission, situated outside Sri Lanka; or

(e) within any premises occupied on behalf of, or under the control of, the Government of Sri Lanka, or any statutory body established in Sri Lanka and situated outside Sri Lanka,

[S 2 renumbered as s 2(1) by s 2 of Act 32 of 1991; am by s 2 of Act 16 of 2006.]

(2) A national of Sri Lanka shall be liable to punishment under this Code and not otherwise, for every act or omission contrary to the provisions thereof, committed outside Sri Lanka of which he shall be guilty, whether or not such national enjoys diplomatic immunity in respect of such act or omission, which is granted by a foreign State by reason of his diplomatic status in such State.

[S 2(2) subs by s 2 of Act 16 of 2006.]

(3) Nothing in this section shall be construed, as affecting the liability of any Sri Lankan national under the laws of the country in which such act was one or omitted to be done in respect of such act or omission

[S 2(3) ins by s 2 of Act 32 of 1991.]

3. Roman-Dutch Criminal Law abolished.

So much of the Criminal Law heretofore administered in Ceylon as is known as the "Criminal Law of the United Provinces” or as "the Roman-Dutch Law” is hereby abolished.

4. Certain laws not to be affected.

Nothing in this Code is intended to repeal, vary, suspend, or affect any of the provisions of any special or local law, or to affect the power heretofore possessed by the Supreme Court or any Judge thereof of summarily punishing persons guilty of Contempt of the said court, and attorneys-at-law guilty of misconduct in the exercise of their profession.

CHAPTER II

GENERAL EXPLANATIONS

5. Definitions to be understood subject to exceptions.

Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in Chapter IV, titled "General Exceptions”, though these exceptions are not repeated in such definition, penal provision or illustration.

Illustrations

(a) The sections in this Code which contain definitions of offences do not express that a child under eight years of age cannot commit such offence; but the definition are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under eight years of age.

(b) A, a police officer, without warrant, apprehends Z. who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z. and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it”.

6. Expression once explained is used in the same sense throughout this Code.

Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.

7. Gender.

The pronoun "he” and its derivatives are used any person, whether male or female.

8. Number.

Unless the contrary appear from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

9. "Man”, ”Woman”.

The word "man” denotes a male human being of any age; the word "women” denotes a female human being of any age.

10. "Person”.

The word "person” includes any company or association or body of persons, whether incorporated or not.

11. "Public”.

The word "public” includes any class of the public or any community.

12. "Republic”.

The word "Republic” denotes the Democratic Socialist Republic of Sri Lanka.

13. .

[Def. "servant of Queen” omitted.]

14. "Government”.

The word Government, where no other meaning is indicated by any descriptive or qualifying words or by the context, and the expression "the Sri Lanka Government” or "the Government of Sri Lanka” shall mean the Government constituted by the Constitution of the Democratic Socialist Republic of Sri Lanka, 1978.

15. "This Island”, "Sri Lanka”, "foreign country”, "foreign State”.

The words "this Island” and "Sri Lanka” denote respectively, the Island of Sri Lanka, and the expression, "foreign country” or "foreign State” shall mean any country or State other than Sri Lanka.

16. "President”.

The word "President” shall mean the President of the Democratic Socialist Republic of Sri Lanka, and shall include any person duly appointed or designated to exercise, perform and discharge the powers, duties and functions of his office.

17. "Judge”.

The word "Judge” not only denotes every person who is officially designated 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 judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

Illustrations

(a) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment is a Judge.

(b) A District Registrar or Additional District Registrar exercising jurisdiction under section 33 of the Kandyan Marriage and Divorce Act, is a Judge.

(c) A juror at a trial before the High Court is a Judge.

(d) A Magistrate exercising Jurisdiction in respect of a charge on which he has power only to commit for trial to another court is not a Judge; but a Magistrate when exercising jurisdiction in requiring persons to give security to keep the peace, or for good behaviour, is a Judge.

18. "Court of Justice”.

The words "Court of Justice” denote a Judge who is empowered by law to act Judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

18A. "Election”.

The word "Election ” denotes any election for any purpose whatsoever held under or by virtue of any enactment of the Legislature of Sri Lanka or under the Ceylon (Parliamentary Elections) Order-in-Council, 1946, or any rules or regulations made thereunder.

19. "Public Servant”.

The words "Public Servant” denote a person falling under any of the descriptions hereinafter following, namely—

Firstly—Every person holding any office in Sri Lanka by virtue of any Commission or warrant or other act of appointment, granted or made by the President or under the President's authority.

Secondly—Every member of the Sri Lanka Administrative Service.

Thirdly—Every Commissioned officer in the Naval, Military or air forces of the Republic of Sri Lanka.

Fourthly—Every Judge.

Fifthly—Every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorised by a Court of Justice to perform any of such duties.

Sixthly—Every juryman or assessor assisting a Court of Justice or a Public Servant.

Seventhly—Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority.

Eighthly—Every person who holds an office by virtue of which he is empowered to place or keep any person in confinement.

Ninthly—Every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety, or convenience.

Tenthly—Every officer whose duty it is, as such officer, to take, receive, keep, or expend any property on behalf of Government or to make any survey, assessment, or contract on behalf of Government, or to investigate or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate, or keep any document, relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government or remunerated by fees or Commission for the performance of any public duty.

Eleventhly—Every officer whose duty it is, as such officer, to take, receive, keep, or expend any property, to make any survey or assessment, or to levy any rate or tax for any secular common purpose of any village, town, or district, or to make, authenticate, or keep any document for the ascertaining of the rights of the people of any village, town, or district.

Twelthly—Every person who is empowered to prepare, publish, maintain, or revise an electoral roll or to conduct an election or part of an election.

Illustrations

A Municipal Inspector is a Public Servant.

A Superintending Engineer under the Thoroughfares Ordinance, is a Public Servant.

A Fiscal is a Public Servant.

A Grama Seva Niladari is a Public Servant.

Explanation 1

Persons falling under any of the above descriptions are Public Servants whether appointed by the Government or not.

Explanation 2

Wherever the words "Public Servant” occur, they shall be understood of every person who is in actual possession of the situation of a Public Servant, whatever legal defect there may be in his right to hold that situation.

20. "Movable property”.

The words "movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

21. "Wrongful gain”, "wrongful loss”.

(1) "Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

"Wrongful loss”.

(2) "Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.

"Wrongful gain” includes wrongful retention of property.

(3) A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully.

"Wrongful loss” includes the being wrongfully kept out of property.

(4) A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

22. "Dishonestly”.

Whoever does anything with the intention of causing wrongful gain to one person, or wrongful loss to another person, is said to do that thing "dishonestly”.

23. "Fraudulently”.

A person is said to do a thing fraudulently if he does that thing with intent to defraud, but not otherwise.

24. "Reason to believe”.

A person is said to have "reason to believe” a thing if he has sufficient cause to believe that thing, but not otherwise.

25. Property in possession of wife, clerk, or servant.

When property is in the possession of a person's wife, clerk, or servant, on account of that person. It is in that person's possession within the meaning of this Code.

Explanation

A person employed temporarily or on a particular occasion in the capacity of a clerk or servant is a clerk or servant within the meaning of this section.

26. "Counterfeit”.

A person is said to "counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

Explanation

It is not essential to counterfeiting that the imitation should be exact.

27. "Document”.

The word "document” denotes any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

Explanation 1

It is immaterial by what means, or upon what substance, the letters, figures, or marks are formed, or whether the evidence is intended for or may be used in a Court of Justice or not.

Illustration

A writing expressing the terms of a contract, which may be used as evidence 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, as evidence 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 be deemed to be expressed by such letters, figures, or marks within the meaning of this section, although the same may not be actually expressed.

Illustration

A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words "pay to the holder”, or words to that effect, had been written over the signature.

28. "Valuable security”.

The words "valuable security denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished, or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

Illustration

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a "valuable security”.

29. "A will”.

The words "a will” denote any testamentary document.

30. Words referring to acts include illegal omissions.

In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

31. "Act”.

(1) The word "act” denotes as well a series of acts as a single act.

"Omission”.

(2) The word "omission” denotes as well a series of omissions as a single omission.

32. Liability for act done by several persons in furtherance of common intention.

When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

33. When such an act is criminal by reason of its being done with a criminal knowledge or intention.

Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

34. Effect caused partly by act and partly by omission.

Whenever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Illustration

A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

35. Co-operation by doing one of several acts constituting an offence.

When an offence is committed by means of several acts, whoever intentionally co-operates in the Commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Illustration

(a) A and B agree to murder Z by severally, and at different times, giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of several doses of poison so administered to him. Here A and B intentionally co-operate in the Commission of murder, and as each of them does an act by which the death is caused they are both guilty of the offence, though their acts are separate.

(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.

(c) A, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death, illegally omits to supply Z with food in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B 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 of murder: but as A did not co-operate with B. A is guilty only of an attempt to commit murder.

36. Several person, engaged in the commission of a criminal act may be guilty of different offences.

Where several persons are engaged or concerned in the Commission of a criminal act, they may be guilty of different offences by means of that act.

Illustration

A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.

37. "Voluntarily”.

A person is said to cause an effect "voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Illustration

A sets fire, by night, to an inhabited house in a large town for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by his act, yet, if he knew that he was likely to cause death, he has caused death voluntarily.

38. "Offence”.

(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, 113.113A, 113B, 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 a thing punishable in Sri Lanka under this Code, or under any law other than this 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 thing punishable under any law other than this Code is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

39. "Special law”.

A "special law” is a law applicable to a particular subject.

40. "Local law”.

A "local law” is a law applicable only to a particular part of Sri Lanka.

41. "Illegal”, "Illegally”.

The words "illegal” and "illegally” are applicable to everything which is an offence, or which is prohibited by law, or which furnishes ground for a civil action.

42. "Legally bound to do”.

A person is said to be "legally bound to do” whatever it is illegal in him to omit.

43. "Injury”.

The word "injury” denotes any harm whatever illegally caused to any person in body, mind, reputation, or property.

44. "Life”.

The word "life” denotes the life of a human being, unless the contrary appear from the context.

45. "Death”.

The word "death” denotes the death of a human being unless the contrary appear from the context.

46. "Animal”.

The word "animal” denotes any living creature other than a human being, unless the contrary appear from the context.

47. "Vessel”.

The word "vessel” denotes anything made for the conveyance by water of human beings or of property.

48. "Year”, "Month”.

Wherever the word "year” or the word "month” is used, it is to be understood that the year or the month is to be reckoned according to the calendar.

49. "Section”.

The word "section” denotes one of those portions of the Chapter of this Code which are distinguished by prefixed numeral figures.

50. "Oath”.

The word "oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a Public Servant, or to be used for the purpose of proof, whether in a Court of Justice or not.

51. "Good Faith”.

Nothing is said to be done or believed in good faith which is done or believed without due care and attention.

CHAPTER III

OF PUNISHMENTS

52. "Punishment”.

The punishments to which offenders are liable under the provisions of this Code are—

Firstly—Death.

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. Punishment of detention in lieu of death for persons under eighteen years of age.

Sentence of death shall not be pronounced on or recorded against any person who, in the opinion of the court, is under the age of eighteen years; but, in lieu of that punishment, the court shall sentence such person to be detained during the President's pleasure.

[S 53 am by s 2 of Act 50 of 1980.]

54. Punishment of imprisonment in lieu of death for pregnant women.

Sentence of death shall not be pronounced on or recorded against any woman who is found in accordance with the provisions of section 282 of the Code of Criminal Procedure Act No. 15 of 1979, to be pregnant at the time of her conviction, but, in lieu of that punishment, the court shall sentence her to imprisonment of either description for life or for any other term.

55. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.

1In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent for the court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

56. Sentence of forfeiture of property.

In every case in which a person is convicted of an offence for which he is liable to forfeiture of all his property, the offender shall be incapable of acquiring any property, except for the benefit of Government, until he shall have undergone the punishment awarded, or the punishment to which it shall have been commuted, or until he shall have been pardoned.

Illustration

A, being convicted of waging war against the Republic is liable to forfeiture of all his property. After sentence, and while the same is in force, A's father dies, leaving an estate which, but for the forfeiture, would become the property of A. The estate becomes the property of the Government.

57. No female or person sentenced to death or imprisonment for more than five years to be punished with whipping.

No female shall in any case be punished with whipping. Nor shall any person who may be sentenced to death or to imprisonment for more than five years be punished with whipping.

58. .

[S 58 rep by s 3 of Law 50 of 1939.]

59. .

[S 59 rep by s 2 of Law 20 of 1938.]

60. .

[S 59 rep by s 2 of Law 20 of 1938.]

61. .

[S 61 rep by s 2 of Law 20 of 1938.]

62. .

[S 62 rep by s 2 of Law 20 of 1938.]

63. .

[S 63 rep by s 2 of Law 20 of 1938.]

64. .

[S 64 rep by s 2 of Law 20 of 1938.]

65. .

[S 65 rep by s 2 of Law 20 of 1938.]

66. .

[S 66 rep by s 2 of Law 20 of 1938.]

67. Limit of punishment of offence which is made up of several offences.

1Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.

Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished; or

Where several acts of which one, or more than one, would by itself or themselves constitute an offence, constitute when combined a different offence; the offender shall not be punished with a more severe punishment that the Court which tries him could award for any one of such offences.

Illustrations

(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole heating, and also by each of the blows which make up the whole beating. If A were liable to punishments for every blow he might be imprisoned for fifty years one for each blow but he is liable only to one punishment for the whole beating.

(b) But if while A is beating Z, Y interferes and A intentionally strikes Y; here as the blow given to Y is no part of the act where by A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z and to Another for the blow given to Y.

67A. Punishment of a person found guilty of one of several offences, where it is doubtful of which of the offences he is guilty.

In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided, if the same punishment is not provided for all.

68. Punishment of persons, convicted, after a previous conviction of an offence punishable with three years' imprisonment.

Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with imprisonment of either description for a term of three years or upwards, shall be liable for every such subsequent offence to double the amount of punishment to which he would otherwise have been liable for the same:

Provided that he shall not in any case be liable to imprisonment for a term exceeding twenty years or to a whipping which shall exceed twenty-four lashes or twenty-four strokes.

CHAPTER IV

GENERAL EXCEPTIONS

69. Act done by a person bound or by mistake of fact believing himself bound by law to do it.

Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Illustrations

(a) A, a Soldier, fires on a mob by the order of his superior officer in conformity with the commands of the law. A has committed no offence,

(b) A, an officer of a Court of Justice, being ordered by that court to arrest Y, and, after due inquiry, believing Z to be Y, arrests Z. A has committed no offence.

70. Act of Judge when acting judicially.

Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be given to him by law.

71. Act done pursuant to the judgment or order of a Court of Justice.

Nothing which is done in pursuance of, or which is warranted by the judgment or order of a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction.

72. Act done by a person justified or by mistake of fact believing himself justified by law.

Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be justified by law in doing it.

Illustration

A sees Z commit what appears to A to be a murder. A in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

73. Accident in the doing of a lawful act.

Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner, by lawful means and with proper care and caution,

Illustration

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

74. Act likely to cause harm but done without a criminal intent and to prevent other harm.

Nothing is an offence merely by reason of its being done with the knowledge criminal intent, that it is likely to cause harm if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation

It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can slop his vessel, he must inevitably run down a boat, B. with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C, with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C, and in good faith for the purpose of avoiding the danger to the passengers in the boat B. he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

(b) A in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention, in good faith, of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of an offence.

75. Act of a child under eight years of age.

Nothing is an offence which is done by a child under eight years of age.

76. Act of a child above eight and under twelve years of age, who has not sufficient maturity of understanding.

Nothing is an offence which is done by a child above eight years of age and under twelve, who has not attained sufficient maturity of understanding to Judge of the nature and consequence of his conduct on that occasion.

77. Act of a person of unsound mind.

Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

78. Act of a person incapable of judgment by reason of intoxication caused against his will.

Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of reason of knowing the nature of the act, or that he is intoxication doing what is either wrong or contrary to law:

Provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

79. Offence requiring a particular intent or knowledge commuted by one who is intoxicated.

In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

80. Act not intended and not known to be likely to cause death or grievous hurt done by consent.

Nothing, which is not intended to cause death or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt is an offence by reason of any harm which it may cause, or be intended by the doer to cause to any person above eighteen years of age, who has given consent, whether express or implied, to suffer that harm, or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Illustration

A and Z agree to fence with each other for amusement. This agreement 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. Act not intended to cause death done by consent in good faith for the benefit of a person.

Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Illustration

A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation on Z with Z's consent. A has committed no offence.

82. Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian.

Nothing, which is done in good faith for the benefit of a person under twelve years of age or, of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause/or be intended by the doer to cause, or be known by the doer to be likely to cause, to that person:

Provided—

Firstly—That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly—That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurl or the curing of any grievous disease or infirmity;

Thirdly—That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt or the curing of any grievous disease or infirmity;

Fourthly—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Illustration

A, in good faith, for his child's benefit, without his child's consent has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, in as much as his object was the cure of the child.

83. Consent known to be given under fear or misconception.

A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person 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 or misconception, or

Consent of a child or person of unsound mind.

If the consent is given by a person, who, from unsoundness of mind or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or unless the contrary appear from the context, if the consent is given by a person who is under twelve years of age.

84. Acts which are offences independently of harm caused to the person consenting are not within the exceptions in sections 80, 81 and 82.

The exceptions in sections 80, 81 and 82 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, lo the person giving the consent, or on whose behalf the consent is given.

Illustration

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence "by reason of such harm”, and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

85. Act done in good faith for the benefit of a person without consent.

Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:

Provided—

Firstly—That this exception shall not extend to the intentional causing of death or the attempting to cause death;

Secondly—That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death for any purpose other than the preventing of death or grievous hurt or the curing of any grievous disease or infirmity;

Thirdly—at this exception shall not extend to the voluntary causing of hurl, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

Fourthly—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend,

Illustrations

(a) Z is thrown from his horse, and is Insensible, 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 Z recovers his power of judging for himself. A has committed no offence.

(b) Z is attacked by a bear. A fires at the bear knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z's benefit. A's ball gives Z a mortal wound. A has committed no offence.

(c) A surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is not time to apply to the child's guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence.

(d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child's benefit. Here, even if the child is killed by the fall, A has committed no offence.

Explanation

Mere pecuniary benefit is not benefit within the meaning of sections 81, 82 and 85.

86. Communication made in good faith.

No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Illustration

A, a surgeon, in good faith communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient's death.

87. Act to which a person is compelled by threats.

Except murder and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence:

Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

Explanation 1

A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of housebreakers, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.

Explanation 2

A person seized by a gang of housebreakers, and forced by threat of instant death to do a thing which is an offence by law, for example, a smith compelled to take his tools and to force the door of a house for the housebreakers to enter and plunder it, is entitled to the benefit of this exception.

88. Act causing slight harm.

Nothing is an offence by reason that it causes, or that it 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 ordinary sense and temper would complain of such harm;

OF THE RIGHT OF PRIVATE DEFENCE

89. Nothing done in private defence is an offence.

Nothing is an offence which is done in the exercise of the right of private defence.

90. Right of private defence of the body and of property.

Every person has a right, subject to the restrictions contained 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 an offence falling under the definition of theft, robbery, mischief, or criminal trespass, or which is an attempt to commit theft, robbery, mischief, or criminal trespass.

91. Right of private defence against the act of a person of unsound mind.

When an act, which would otherwise be a certain offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication of the person doing that act or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Illustrations

(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which 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 he would have if Z were not acting under that misconception.

92. Acts against which there is no right of private defence.

(1) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a Public Servant acting in good faith under color of his office, though that act may not be strictly justifiable by law.

(2) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a Public Servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

(3) There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

Extent to which the right may be exercised.

(4) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.

Explanation 1

A person is not deprived of the right of private defence against an act done, or attempted to be done by a Public Servant, as such, unless he knows, or has reason to believe, that the person doing the act is such Public Servant.

Explanation 2

A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a Public Servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction; or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

93. When the right of private defence of the body extends to causing death.

The right of private offence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely—

Firstly—Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

Secondly—Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

Thirdly—An assault with the intention of committing rape;

Fourthly—An assault with the intention of gratifying unnatural lust;

Fifthly—An assault with the intention of kidnapping or abducting;

Sixthly—An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

94. When such right extends to causing any harm other than death.

If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private than death, defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 92, to the voluntary causing to the assailant of any harm other than death.

95. Commencement and continuance of the right of private defence of the body.

The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed and it continues as long as such apprehension of danger to the body continues.

96. When the right of private defence of property extends to causing death.

The right of private defence of property extends, under the restrictions mentioned in section 92, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely—

Firstly—Robbery;

Secondly—House-breaking by night;

Thirdly—Mischief by fire, or explosives committed on any building, tent, or vessel, which building, tent, or vessel is used as a human dwelling, or as a place for the custody of property;

Fourthly—Theft, mischief, or house-trespass under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence if such right of private defence is not exercised.

97. When such right extends to causing any harm other than death.

If the offence the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, right does extend, subject to the restrictions mentioned in section 92, to the voluntary causing to the wrong-doer of any harm other than death.

98. Commencement and continuance of the right of private defence of property.

FirstlyThe right of private defence of property commences when a reasonable apprehension of danger to the property commences.

Secondly—The right of private defence of property against theft continues till the offender has affected his retreat with the property or the assistance of the public authorities is obtained, or the property has been recovered.

Thirdly—The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint; or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

Fourthly—The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

Fifthly—The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

99. Right of private defence against deadly assault when there is risk of harm to an innocent person.

If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

Illustration

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence it by so tiring he harms any of the children.

CHAPTER V

OF ABETMENT

100. Abetment of the doing of a thing.

A person abets the doing of a thing who-

Firstly—Instigates any person to do that thing; or

Secondly—Engages in any conspiracy for the doing of that thing; or

Thirdly—Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1

A person who by willful misrepresentation or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Illustration

A, a Public Officer, is authorised by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

Explanation 2

A conspiracy for the doing of a thing is when two or more persons agree to do that thing or cause or procure that thing to be done, A person within the jurisdiction of the court abets an offence by engaging with one or more Other persons beyond the Jurisdiction of the court in a conspiracy for 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 the commission of an act does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

101. Abettor.

A person abets an offence who abets either the commission of an offence or the commission of an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Explanation 1

The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation 2

To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Illustrations

(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

(b) A instigates B to murder D. B, in pursuance of the instigation, stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.

Explanation 3

It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

Illustrations

(a) A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

(b) A, with the intention of murdering Z instigates B, a child under eight years of age, to do an act which causes Z's death, B, in consequence of the abetment, does the act, and thereby causes Z's death. Here, though B was not capable by law of committing an offence. A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder and he is therefore subject to the punishment of death.

(c) A instigates B to set fire to a dwelling house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that 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 the property out of Z's possession, in good faith believing it to be A's property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

Explanation 4

The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Illustration

A instigates B to instigate C to murder Z, B accordingly instigates C to murder Z, and C commits that offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder; and as A instigated B to commit the offence, A is also liable to the same punishment.

Explanation 5

It is not necessary to the Commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engage in the conspiracy in pursuance of which the offence is committed.

Illustration

A concerts with B a plan for poisoning Z. It is agreed that. A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A's name C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section, and is liable to the punishment for murder.

101A. Abetment in Sri Lanka of offences outside it.

A person abets an offence within the meaning of this Code who in Sri Lanka abets the commission of any act without and beyond Sri Lanka which would constitute an offence if committed in Sri Lanka.

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