... ... ... 479... 499 479 499 479 499 499 Imputation of any truth which the public good requires to ... ... ... ... ... 479 499 479 ... 479 499 ... ... 479... 499 person Imputation made in good faith by a person for the protection of his interests Caution intended for the good of the person to whom it is conveyed, or for the public good Punishment for defamation Printing or engraving matter known to be defamatory 481 501 Sale of printed or engraved substance containing defamatory matter CHAPTER XX. Of Criminal Intimidation, Insult, and Annoyance. Criminal intimidation ... If threat be to cause death or grievous hurt, &c. Penal Code. No. 2 of 1883. An Ordinance to provide a General Penal Code for this Colony. (As amended by No. 11 of 1887, No. 13 of 1888, No. 13 of 1890, No. 3 of 1892, No. 11 of 1895, and No. 16 of 1898.") (See No. 16 of 1889, No. 22 of 1889, No. 4 of 1891, and No. 15 of 1896.) CHAPTER I. Preliminary. WHEREAS it is expedient to provide a General Penal Code for this colony: It is therefore enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 This Ordinance shall be called "The Ceylon Penal Code," and is generally referred to hereinafter as "this Code," and shall come into operation on and from such date subsequent to the confirmation thereof by Her Majesty, as may be appointed by order of the Governor in Executive Council, proclaimed in the Government Gazette.† 2 Every person shall be liable to punishment under this Code, and not otherwise, for every act or omission contrary to the provisions thereof, of which he shall be guilty within this colony on or after the day on which this Code comes into operation. 3 So much of the Criminal Law heretofore administered in this colony as is known as "the Criminal Law of the United Provinces," or as the "Roman-Dutch Law," is hereby abolished. 4 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 liability, trial, or punishment of a person in respect of any act done or commenced before the commencement of this Code, or to affect the power heretofore possessed by the Supreme Court or any judge thereof of summarily punishing persons guilty of contempts of the said court, and advocates and proctors guilty of misconduct in the exercise of their profession. Preamble. Short title and date of operation. Liability for offences committed within the colony. Roman-Dutch Criminal Law abolished. Certain laws not to be affected. CHAPTER II. General Explanations. 5 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., intituled "General Exceptions," though these exceptions are not repeated in such definition, penal provision, or illustration : No. 16 of 1898 proclaimed November 25, 1898, to come into operation from 1st March, 1899. † Proclaimed 1st January, 1885. Definitions to be understood subject to exceptions. Penal Code. Illustrations. (a) The sections in this Code which contain definitions of offences do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven 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 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 The pronoun "he" and its derivatives are used of any person, whether male or female. 8 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 The word "man" denotes a male human being of any age; the word "woman denotes a female human being of any age. 10 The word "person" includes any company or association or body of persons, whether incorporated or not. 11 The word "public" includes any class of the public or any community. 12 The word "Queen" denotes the sovereign for the time being of the United Kingdom of Great Britain and Ireland. 13 The words "servant of the Queen" denote all officers or servants employed in this colony by or under the Imperial Government or the Government of this colony. 14 The word "Government," when not otherwise qualified, denotes the person or persons authorized by law to administer executive Government in this colony. 15 The words "this colony" and "Ceylon" denote, respectively, the colony of Ceylon. 16 The word "Governor" denotes the person for the time being administering the Government of Ceylon. 17 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. Penal Code. Illustrations. (a) A police magistrate exercising jurisdiction in respect of a (b) The president of a village tribunal and each councillor of such (c) A provincial registrar or assistant provincial registrar exer- (d) A juror at a trial before the Supreme Court is a judge. 18 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. 19 The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely: First.-Every person holding any office in Ceylon by virtue of any commission or warrant granted by the Queen or under the Queen's authority. Second. Every member of the Ceylon Civil Service. Third.-Every commissioned officer in the military or naval forces of the Queen while serving in Ceylon. Fourth.-Every judge. Fifth.-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 authorized by a court of justice to perform any of such duties. Sixth.-Every jury man, assessor, or councillor of a village tribunal assisting a court of justice or a public servant. Seventh.-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. Eighth.-Every person who holds an office by virtue of which he is empowered to place or keep any person in confinement. Ninth.-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. Tenth. 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 * Repealed by No. 24 of 1889. "Court of justice." "Public servant." Penal Code. 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. Eleventh.-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. Illustrations. A municipal inspector is a public servant. A division officer under "The Road Ordinance, 1861," is a public servant. A deputy fiscal is a public servant. Explanation 1.-Persons falling under any of the above descriptions 20 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. 66 21 Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled. Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled. 66 A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. 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 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 A person is said to do a thing fraudulently if he does that thing with intent to defraud, but not otherwise. 24 A person is said to have "reason to believe " a thing if he has sufficient cause to believe that thing, but not otherwise. 25 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. |