Prevention of Terrorism (Temporary Provisions) Act

Arrangement of Sections

1. Short title.

PART I

OFFENCES

2. Offences under this Act and penalties.

3. Penalty for abetment conspiracy or incitement to commit offence.

4. Forfeiture of property.

5. Penalty for failure to give information.

PART II

INVESTIGATION OF OFFENCES

6. Powers of entry, search and seizure.

7. Remand order.

8. Recording of statement by Magistrate.

PART III

DETENTION AND RESTRICTION ORDERS

9. Detention orders.

10. Order under section 9 to be final.

11. Power of Minister to order restriction of movement in certain cases.

12. Penalty.

PART IV

ADVISORY BOARD

13. Advisory Board.

PART V

PROHIBITION OF PUBLICATIONS

14. Prohibition of publications.

PART VI

TRIAL

15. Trial

15A. Place of detention until conclusion of trial.

16. Admissibility of certain statements.

17. Sections 25, 26 and 30 of the Evidence Ordinance not to apply.

18. Admissibility of certain statements and documents.

19. Provisions of any written law relating to the grant of bail not to apply to persons accused of any offence under this Act.

20. Certain provisions of the Code of Criminal Procedure Act not to apply to persons convicted or found guilty of an offence under this Act.

21. Priority for trials and appeals under this Act.

PART VII

SPECIAL PROVISIONS

22. Persons committing offences under certain sections of Penal Code in relation to specified persons, to be triable under this Act.

23. Admissibility of statements.

24. Act committed in relation to vessel or aircraft.

PART VIII

MISCELLANEOUS

25. Offences by bodies of persons.

26. Protection of officers.

27. Regulations.

28. This Act to prevail over other written law.

29. Repealed.

30. Repeal of Law No. 16 of 1978.

PART IX

INTERPRETATION

31. Interpretation.

48 of 1979,

10 of 1982,

22 of 1988.

AN ACT to make temporary provision for the prevention of acts of terrorism Sri Lanka, the prevention of unlawful activities of any individual, group of individuals, association, organisation or body of persons within Sri Lanka or outside Sri Lanka and for matters connected therewith or incidental thereto.

[Date of Commencement: 24th July, 1979]

1. Short title.

This Act may be cited as the Prevention of Terrorism (Temporary Provisions) Act.

PART I

OFFENCES

2. Offences under this Act and penalties.

(1) Any person who—

(a) causes the death of any specified person, or kidnaps or abducts a specified person, or commits any other attack upon any such person, which act would, under the provisions of the Penal Code, be punishable with death or a term of imprisonment of not less than seven years; or

(b) causes the death of any person who is a witness to any offence under this Act, or kidnaps or abducts or commits any other attack upon any such person, which act would, under the provisions of the Penal Code, be punishable with death or a term of imprisonment of not less than seven years; or

(c) commits criminal intimidation of any specified person or a witness referred to in paragraph (b); or

commits the offence of robbery of the property of the Government, any Department, Statutory Board, Public Corporation, Bank, Co-operative Union or Co-operative Society; or

(d) commits the offence of mischief to the property of the Government, any Department, Statutory Board, Public Corporation, Bank, Co-operative Union or Co-operative Society or to any other public property; or

(e) without lawful authority imports, manufactures or collects any firearms, offensive weapons, ammunition or explosives or any article or thing used, or intended to be used, in the manufacture of explosives; or

(f) possesses without lawful authority, within any security area, any firearms or any offensive weapon, ammunition or explosives or any article or thing used, or intended to be used, in the manufacture of explosives; or

(h) by words either spoken or intended to be read or by signs or by visible representations or otherwise causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups; or

(i) without lawful authority erases, mutilates, defaces or otherwise interferes with any words, inscriptions, or lettering appearing on any Board or other fixture on, upon or adjacent to, any highway, street, road or any other public place; or

(j) harbours, conceals or in any other manner prevents, hinders or interferes with the apprehension of, a proclaimed person or any other person, knowing or having reason to believe that such person has committed an offence under this Act,

shall be guilty of an offence under this Act.

(2) Any person guilty of an offence specified in—

(i) paragraph (a) or (b) of subsection (1) shall on conviction be liable to imprisonment for life, and

(ii) paragraphs (c), (d), (e), (f). (g). (h). (i) or (j) of subsection (1) shall on conviction be liable to imprisonment of either description for a period not less than five years but not exceeding twenty years.

(3) In this section—

(i) " proclaimed person” means any person proclaimed by the Inspector-General of Police by Proclamation published in the Gazette to be a person wanted in connection with the commission of any offence under this Act; and

(ii) "security area” means any area declared by the Minister by Order published in the Gazette to be a security area if he is satisfied that by reason of any unlawful activity there is in such area a reasonable apprehension of organised violence.

3. Penalty for abetment conspiracy or incitement to commit offence.

Any person who—

(a) does any act preparatory to the commission of an offence; or

(b) abets, conspires, attempts, exhorts or incites the commission of an offence; or

(c) causes the death of any person, or commits any attack upon any person whomsoever in the course of committing any offence under this Act, which act would, under the provisions of the Penal Code, be punishable with death or with a term of imprisonment of not less than seven years,

shall be guilty of an offence and shall on conviction be liable to imprisonment of either description for a period of not less than five years but not exceeding twenty years where the offence is one specified in paragraph (a) or (b), or to imprisonment for life where the offence is one specified in paragraph (c).

4. Forfeiture of property.

Where any person is convicted by any court of any offence under section 2 or section 3, then, in addition to any other penalty that the court shall impose for such offence—

(a) all property movable and immovable, of that person shall, by virtue of such conviction, be deemed to be forfeited to the Republic; and

(b) any alienation or other disposal of such property effected by such person after the 24th day of July, 1979, shall be deemed to have been, and to be, null and void.

5. Penalty for failure to give information.

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