http://www.icta.lk/pdf/ComputerCrimesActNo24of2007.pdf
PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
COMPUTER CRIME
ACT, No. 24 OF 2007 Printed on the Order of Government [Certified on 09th July, 2007]
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA
TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 14.00 Postage : Rs. 7.50
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of July 13, 2007Computer Crime Act, No. 24 of 2007 1
[Certified on 09th July 2007]
L. D.—O. 72/2000
AN ACT TO PROVIDE FOR THE IDENTIFICATION OFCOMPUTER CRIME AND TO PROVIDE THE PROCEDURE FOR THE INVESTIGATION AND PREVENTION OF SUCH CRIMES ; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH AND INCIDENTALTHERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :-
1. This Act may be cited as the Computer Crime Act, No.24 of 2007 and shall come into operation on such date as the Minister may by Order published in the Gazette appoint (hereinafter referred to as the appointed date”).
2. (1) The provisions of this Act shall apply where—
(a) a person commits an offence under this Act while being present in Sri Lanka or outside Sri Lanka ;
(b) the computer, computer system or information affected or which was to be affected, by the act which
constitutes an offence under this Act, was at the material time in Sri Lanka or outside Sri Lanka ;
(c) the facility or service, including any computer storage, or data or information processing service,
used in the commission of an offence under this Act was at the material time situated in Sri Lanka or
outside Sri Lanka ; or
(d) the loss or damage is caused within or outside Sri Lanka by the commission of an offence under this
Act, to the State or to a person resident in Sri Lanka or outside Sri Lanka.
(2) For the purposes of paragraph (d) of subsection (1) “ person ” includes a body of persons corporate or unincorporate. Short title.Application of this Act.2 Computer Crime Act, No. 24 of 2007
PART I
COMPUTER CRIME
3. Any person who intentionally does any act, in order to secure for himself or for any other person, access to—
(a) any computer ; or
(b) any information held in any computer, knowing or having reason to believe that he has no lawful authority to secure such access, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees, or to imprisonment of either description for a term which may extend to five years, or both such fine and imprisonment.
4. Any person who intentionally does any act, in order to secure for himself or for any other person, access to—
(a) any computer ; or
(b) any information held in any computer, knowing or having reason to believe that he has no lawful authority to secure such access and with the intention of committing an offence under this Act or any other law for the time being in force, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred thousand rupees or to imprisonment of either description for a term which may extend to five years or to both such fine and imprisonment.
Explanation 1— for the purposes of paragraph (a) the mere turning on of a computer is sufficient.
Explanation 2— for the purposes of paragraph (b) - (a) there should be an intention to sccure any programme or data held in any computer ; Doing any act to secure unauthorised access in order to commit an offence Securing unauthorised access to a computer an offence .
Computer Crime Act, No. 24 of 2007 3
(b) the access intended to be sccured, should be unauthorised;
(c) it is not necessary to have access directed at any particular programme, data or computer.
5. Any person who, intentionally and without lawful authority causes a computer to perform any function knowing or having reason to believe that such function will result in unauthorised modification or damage or potential damage to any computer or computer system or computer programme shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred thousand rupees or to imprisonment of either description for as term which may extend to five years or to both such fine and imprisonment.
Illustrations
For any unauthorised modification or damage or potential damage to any computer or computer system or computer programme to take place, any one of the following may occur:—
(a) impairing the operation of any computer, computer system or the reliability of any data or information
held in any computer; or
(b) destroying, deleting or corrupting, or adding, moving or altering any information held in any computer;
(c) makes use of a computer service involving computer time and data processing for the storage or retrieval of data;
(d) introduces a computer program which will have the effect of malfunctioning of a computer or falsifies
the data or any information held in any computer or computer system. Causing a computer to perform a
function without lawful authority an offence.4 Computer Crime Act, No. 24 of 2007
Explanation- for the purposes of paragraphs (a) to (d) above, it is immaterial whether the consequences
referred to therein were of a temporary or permanent nature.
6. (1) Any person who intentionally causes a computer to perform any function, knowing or having reason to believe that such function will result in danger or imminent danger to—
(a) national security ;
(b) the national economy ; or
(c) public order,
shall be guilty of an offence and shall on conviction be
punishable with imprisonment of either description for a term
not exceeding five years.
(2) In a prosecution for an offence under paragraphs (a) or (c) of subsection (1), a Certificate under the hand of the Secretary to the Ministry of the Minister in charge of the subject of Defence or, in a prosecution for an offence under paragraph (b) of subsection (1), a Certificate under the hand of the Secretary to the Ministry of the Minister in charge of the subject of Finance, stating respectively, that the situation
envisaged in subsection (1) did in fact exist in relation to national security or public order, or the national economy, as the case may be, shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.
7. Any person who, knowing or having reason to believe that any other person has without lawful authority obtained information from a computer or a storage medium of a computer,—
(a) buys, receives, retains, sells, or in any manner deals
with ; or Offences committed
against national security &c.
Dealing with
data &c.,
unlawfully
obtained an
of f enc e .Computer Crime Act, No. 24 of 2007 5
(b) offers to buy or sell, or in any manner deals with ; or
(c) d o w n l o a d s , u p l o a d s , c o p i e s o r a c q u i r e s t h e
substance or meaning of,
any such information shall be guilty of an offence and shall
on conviction be liable to a fine not less than one hundred
thousand rupees and not exceeding three hundred thousand
rupees or to imprisonment of either description for a term not
less than six months and not exceeding three years, or to
both such fine and imprisonment.
Explanation .—For the purposes of sections 9 and 10—
(a) It is immaterial that the offender had
authority to access the computer or had
authority to perform the function ;
(b) The offender need not have intended
to c aus e or have had the knowl edge
that he is likely to cause, loss or damage
to any particular person or institution.
8. Any person, who, knowingly or without lawful
authority intercepts—
(a) any subscriber information or traffic data or any
communication, to, from or within a computer ; or
(b) any electromagnetic emissions from a computer that
carries any information,
shall be guilty of an offence and shall on conviction be liable
to a fine not less than one hundred thousand rupees and not
exceeding three hundred thousand rupees or to imprisonment
of either description for a term not less than six months and
n o t e x c e e d i n g t h r e e y e a r s , o r t o b o t h s u c h f i n e a n d
imprisonment.
Illegal
interception of
data an offence.6 Computer Crime Act, No. 24 of 2007
9. Any person who, without lawful authority produces,
sells, procures for use, imports, exports, distributes or otherwise
makes available—
(a) any device, including a computer or computer
program ;
(b) a comput e r pa s sword, a c c e s s code or s imi l a r
information by which the whole or any part of a
computer is capable of being accessed,
with the intent that it be used by any person for the purpose
of committing an offence under this Act shall be guilty of an
offence and shall on conviction be liable to a fine not less
than one hundred thousand rupees and not exceeding
three hundred thousand rupees or to imprisonment of
either description for a term not less than six months and
n o t e x c e e d i n g t h r e e y e a r s , o r t o b o t h s u c h f i n e a n d
imprisonment.
10. Any person who, being entrusted with information
which enables him to access any service provided by means
of a computer, discloses such information without any express
authority to do so or in breach of any contract expressed or
implied, shall be guilty of an offence and shall on conviction
be liable to a fine not less than one hundred thousand rupees
and not exceeding three hundred thousand rupees or to
imprisonment of either description for a term not less than
six months and not exceeding three years or to both such fine
and imprisonment.
11. Any person who attempts to commit an offence under
sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Act or
to cause such an offence to be committed, shall be guilty of
an offence and shall on conviction be liable to a fine not
exceeding one half of the maximum fine provided for each of
such offences, or to imprisonment of either description for a
term not exceeding one half of the maximum term provided
f o r e a c h o f s u c h o f f e n c e s , o r t o b o t h s u c h f i n e a n d
imprisonment.
Using of illegal
devices an
of f enc e .
Unauthorised
disclosure of
informa t ion
enabling access
to a service, an
of f enc e .
Attempts to
commit offence.Computer Crime Act, No. 24 of 2007 7
12. (1) Any person who abets the commission of an
offence under this Act shall be guilty of the offence of
abetment and shall on conviction—
(a) if the offence abetted is committed in consequence
of the abetment, be liable to the same punishment
as is provided for the offence; and
(b) if the offence is not committed in consequence of
the abetment, be liable —
(i) w h e r e t h e m a x i m u m f i n e o r t e r m o f
imprisonment is provided for, to a fine not
exceeding one fourth of the maximum fine
provided for the offence or to imprisonment
of either description for a term not exceeding
one fourth of the maximum term provided for
t h e o f f e n c e , o r t o b o t h s u c h f i n e a n d
imprisonment; and
(ii) where the maximum fine or imprisonment is
not provided for or the maximum term of
imprisonment is life, to a fine not exceeding
two hundred and fifty thousand rupees or to
imprisonment of either description for a term
not exceeding five years, or to both such fine
and imprisonment.
(2) The term ‘abet’ shall have the same meaning as in
sections 100 and 101 of the Penal Code (Chapter 19) and the
provisions of sections 101A, 103, 104, 105, 106 and 107 of
the Penal Code (Chapter 19) shall mutatis mutandis apply in
relation to the abetment of any offence under this Act.
13. (1) Any person who conspires to commit an offence
under this Act shall be guilty of an offence and shall, on
conviction be liable to be punished with the punishment
prescribed for abetting the commission of that offence.
Abetment of an
of f enc e .
Conspiring to
commit an
of f enc e .8 Computer Crime Act, No. 24 of 2007
(2) The term “conspire” shall have the same meaning as
in subsection (2) of section 113A of the Penal Code (Chapter
19) and the provisions of that section shall mutatis mutandis
apply in relation to conspiracy to commit any offence under
this Act.
14. (1) Where a person is convicted of an offence under
this Act, and where it is established that as a result of the
commission of such offence—
(a) los s or damage wa s c aus ed to any pe r son or
institution; or
(b) monetary gain accrued to the offender or any other
person,
the court shall, in addition to any other punishment that may
be imposed on the offender, make order for the payment by
the offender—
(i) of compensation, to the person or institution that
incurred loss or damage; or
(ii) of a sum equivalent to the value of the monetary
gain so accrued, to the State, as the case may be.
(2) An order made under subsection (1) for payment, shall
be enforced as if such order was a decree entered by the District
Court in favour of the person or institution which suffered
the loss or damage or the State, as the case may be.
(3) A Certificate under the hand of an expert containing a
record of the quantum of compensation as computed by the
victim and a statement whether in the opinion of the expert,
the quantum of compensation is proportionate to the loss or
damage caused or the monetary value of the gain accrued
shall be admissible in evidence and shall be prime facie proof
of the facts stated therein.
Compensation to
be awarded for
loss or damage
consequent to an
of f enc e .Computer Crime Act, No. 24 of 2007 9
(4) An order under subsection (1) for the payment of
compensation in favour of any person shall not debar or
prejudice any right of that person to a civil remedy for the
recovery of damages :
Provided however that the time limit specified in the
Prescription Ordinance (Chapter 68) for the commencement
of any action relating to a civil remedy, shall, for the purposes
of this Act, be computed only from the date on which an
order under subsection (1) is made.
PART II
INVESTIGATIONS
15. Except as otherwise provided by this Act, all offences
under this Act shall be investigated, tried or otherwise dealt
with in accordance with the provisions of the Code of Criminal
Procedure Act, No. 15 of 1979.
16. Every offence under this Act shall be a cognizable
offence within the meaning of, and for the purpose of, the
Code of Criminal Procedure Act, No. 15 of 1979.
17. (1) The Minister in charge of the subject of Science
and Technology may, in consultation with the Minister in
charge of the subject of Justice, appoint by Order puiblished
in the Gazette any public officer having the required
qualification and experience in electronic engineering or
software technology (hereinafter referred to as“an expert”) to
assist any police officer in the investigation of an offence
under this Act.
(2) For the purposes of this section “expert” includes-
(a) any member of the staff of any University who
possesses the prescribed qualification and, who is
nominated by the Vice-Chancellor of the relevant
University ;
Offences under
this Act to be
investigated
under the
provisions of the
Code of Criminal
Proc edur e .
Offence under
the Act to be
cognizable
of f enc e .
Appointment of
a panel of
experts.10 Computer Crime Act, No. 24 of 2007
(b) any public institution which in the opinion of
the relevant University possesses the prescribed
q u a l i f i c a t i o n a n d i s n o m i n a t e d b y t h e
Vice-Chancellor of such University :
Provided tha t whe r e an “ expe r t ” c annot be
identified in terms of paragraph (a) or (b) above the
Mini s t e r may, in consul t at ion wi th the Vi c e -
Chancellor of the relevant University appoint any
other institution which satisfies the prescribed
qualification ;
(c) University shall mean any University established
under the Universities Act, No. 16 of 1978.
(3) The qualifications and experience (having regard to
the specific areas of expertise in electronic engineering or
software technology) required to be fulfilled by an officer
appointed under subsection (1) and the manner and mode of
appointment and the conditions of appointment of such
officer shall be as prescribed by regulations.
(4) For the purpose of an investigation under this Act, an
expert called upon to assist any police officer shall, have the
power to—
(a) enter upon any premises along with a police officer
not below the rank of a sub-inspector ;
(b) a c c e s s any informa t ion sys t em, comput e r or
comput e r sys t em or any progr amme , da t a or
information held in such computer to perform any
function or to do any such other thing ;
(c) require any person to disclose any traffic data ;
(d) orally examine any person ;
(e) do such other things as may be reasonably required,
for the purposes of this Act.Computer Crime Act, No. 24 of 2007 11
(5) An expert shall be paid such remuneration as may be
determined by the Minister in consultation with the Minister
in charge of the subject of Finance.
(6) An expert may be called upon to assist any police
officer in the investigation of an offence under this Act and it
shall be duty of the officer to render all such assistance as
may be required for the purposes of such investigation. Where
any proceedings have been commenced consequent to the
findings of an investigation, it shall be the duty of the officer
to make available for the purposes of such proceedings, any
information, data, material or other matter that may be
obtained by him in the course of such investigation.
18. (1) An expert or a police officer may, for the purposes
of an investigation under this Act under the authority of a
warrant issued in that behalf by a Magistrate on application
made for such purpose,—
(i) o b t a i n a n y i n f o rma t i o n i n c l u d i n g s u b s c r i b e r
information and traffic data in the possession of any
service provider;
(ii) intercept any wire or electronic communication
including subscriber information and traffic data, at
any stage of such communication.
(2) Notwithstanding the provisions of subsection (1), an
expert or a police officer may without a warrant exercise all
or any of the powers referred to in that subsection, if—
(a) the investigation needs to be conducted urgently;
and
(b) there is a likelihood of the evidence being lost,
destroyed, modified or rendered inaccessible; and
(c) there is a need to maintain confidentiality regarding
the investigation.
Powers of search
and seizure with
warrant.12 Computer Crime Act, No. 24 of 2007
(3) The provisions of sections 36, 37 and 38 of the Code of
Criminal Procedure Act, No. 15 of 1979 shall not apply in
relation to the arrest of a person for an offence under this Act.
(4) The Minister may by regulation prescribe the manner
in which and the procedures required to be followed in respect
of, the retention and interception of data and information
including traffic data, for the purposes of any investigation
under this Act.
19. (1) Where an expert or a police officer is satisfied
that any information stored in a computer is reasonably
required for the purposes of an investigation under this Act
and that there is a risk that such information may be lost,
destroyed, modified or rendered inaccessible, he may by
written notice require the person in control of such computer
or computer system to ensure that the information be preserved
for such period not exceeding seven (07) days as may be
specified in such notice.
(2) On an application made to a Magistrate having
jurisdiction, the period for which the information is to be
preserved may be extended for such further period, which in
the aggregate shall not exceed upto ninety days.
20. Every police officer and every expert who conducts
any search, inspection or does any other thing in the course
of an investigation, shall make every endeavour to ensure
that the ordinary course of legitimate business for which any
computer may be used is not hampered by such search,
inspection or investigation and shall not seize any computer,
computer system or part thereof, if such seizure will prejudice
the conduct of the ordinary course of business for which the
computer is used, unless—
(a) it is not possible to conduct the inspection on the
premises where such computer, computer system or
part thereof is located; or
Preservation of
informa t ion.
Normal use of
computer not to
be hampered.Computer Crime Act, No. 24 of 2007 13
(b) seizure of such computer, computer system or part
thereof is essential to prevent the commission of the
offence or the continuance of the offence or to obtain
custody of any information which would otherwise
be lost, destroyed, modified or rendered inaccessible.
21. (1) Any police officer may, in the course of an
investigation under this Act, exercise powers of arrest, search,
or seizure of any information accessible within any premises,
in the manner provided for by law:
Provided that a police officer making an arrest without a
warrant of person suspected of committing an offence under
this Act, shall without unnecessary delay and within twentyfour hours of such arrest, exclusive of the time taken for the
journey from the place of arrest to the presence of the
Magistrate, produce such person before the Magistrate of the
Court nearest to the place that the suspect is arrested.
(2) No police officer shall access any computer for the
purpose of an investigation under this Act unless the Inspector
General of Police has certified in writing that such police
officer possesses adequate knowledge and skill in the field
of information communication technology and is thereby
possessed of the required expertise to perform such a function.
22. (1) Where any item or data has been seized or
rendered inaccessible in the course of an investigation, the
police officer conducting the search shall issue a complete
list of such items and data including the date and time of
such seizure or of rendering it inaccessible to the owner or
person in charge of the computer or computer system.
(2) Subject to the provisions of subsection (3), a police
officer may upon application made by the owner or person in
control of the computer or computer system, permit a person
nominated by such owner or person to issue such person a
copy of such data.
Power of police
officer to arrest,
search and seize.
Police officer to
record and
afford access to
seized data.14 Computer Crime Act, No. 24 of 2007
(3) A police officer shall not grant permission or give such
copies under subsection (2) if it appears that such permission
would be prejudicial to any criminal investigation or
proceeding.
23. (1) Any person who is required to make any disclosure
or to assist in an investigation under this Act, shall comply
with such requirement.
(2) A person who obstructs the lawful exercise of the powers
conferred on an expert or a police officer or fails to comply
with such request made by such expert or police officer during
an investigation shall be guilty of an offence and shall on
conviction be liable to a fine not exceeding two hundred
thousand rupees or to imprisonment of either description for
a period not less than one year and not exceeding two years
or to both such fine and imprisonment.
24. (1) Every person engaged in an investigation under
this Act shall maintain strict confidentiality with regard to
all information as may come to his knowledge in the course
of such investigations and he shall not disclose to any person
or utilize for any purpose whatsoever any information so
obtained other than in the discharge of his duties under this
Act.
(2) Every service provider from whom any information
has been requested or obtained and any person to whom a
written notice has been issued for the preservation of any
information shall maintain strict confidentiality in relation
to such information and the fact that such information has
been requested, obtained or required to be preserved, and
shall not make any disclosure in regard to such matters other
than with lawful authority.
(3) A service provider shall not be held liable under the
civil or criminal law for the disclosure of any data or other
information for the purposes of an investigation under this
Act.
Duty to assist
investigation.
Confidentiality
of information
obtained in the
course of an
investigation.Computer Crime Act, No. 24 of 2007 15
(4) Any pe r son who cont r avene s the provi s ions of
subsections (1) and (2) shall commit an offence and shall on
conviction be liable to a fine not exceeding three hundred
thousand rupees or to imprisonment of either description for
a term not exceeding two years or to both such fine and
imprisonment.
PART III
MISCELLANEOUS
25. The jurisdiction to hear, try and determine all
offences under this Act shall be vested with the High Court :
Provided however that where the provisions of the
Extradition Law, No. 8 of 1977 is applicable in relation to
the commission of an offence under this Act, the High Court
holden at Colombo shall have exclusive jurisdiction to hear,
try and determine such offence.
26. (1) Every document duly signed and issued by an
expert or a police officer, as the case may be, and duly
authenticated by an expert in the prescribed manner, shall be
admissible in evidence and shall be prima facie evidence of
the facts stated therein.
(2) for the purposes, of this section the expression
“ d o c ume n t ” s h a l l i n c l u d e a c e r t i f i c a t e , d e c l a r a t i o n ,
information, data, report or any other similar document.
27. The Schedule to the Extradition Law, No. 8 of 1977
is hereby amended by the insertion immediately before Part
B thereof, of the following new item :—
“(49) An offence committed in terms of the Computer
Crimes Act, No. 24 of 2007.”.
28. No civil or criminal action shall be instituted against
an expert or a police officer appointed for the purpose of this
Act, for any lawful act which is done or purported to be done
in good faith by such expert or police officer as the case may
be, in pursuance of his duties under this Act.
Proof of
document issued
by an expert or a
Police Officer.
Jurisdiction.
Amendment of
the Schedule to
the Extradition
Law, No. 8 of
1 9 7 7 .
Immuni ty f rom
legal
proc e edings .16 Computer Crime Act, No. 24 of 2007
29. Every expert shall, in the discharge of his duties
under this Act, be deemed to be—
(a) a “peace officer” within the meaning and for the
purposes of the Code of Criminal Procedure Act,
No. 15 of 1979; and
(b) a “public officer” within the meaning and for the
purposes of the Penal Code (Chapter 19).
30. Where an offence under this Act is committed by a
body of persons, then if that body of person is—
(a) a body corporate, every director and officer of that
body corporate; or
(b) a firm, every partner of that firm; or
(c) a body unincorporated other than a firm, every
officer of that body responsible for its management
and control,
shall be deemed to be guilty of such offence :
Provided that no such person shall be deemed to be guilty
of such offence if he proves that such offence was committed
without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.
31. For the purposes of the application of the provisions
of the Penal Code (Chapter 19) in relation to an offence
committed under this Act—
(a) an offence under this Act committed outside the
territory of Sri Lanka shall be deemed to have been
committed in Sri Lanka; and
(b) any information referred to in this Act shall be
deemed to be property.
Presumptions.
Experts deemed
to be peace
officer and
public officer.
Offences by
bodies of
persons.Computer Crime Act, No. 24 of 2007 17
32. (1) The Minister may make regulations under this
Act for the any matter authorized or required to be made
under this Act, or which in required to be prescribed under
this Act, or for the purpose of carrying out or giving effect to
the principles and provisions of this Act.
(2) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified in the regulation.
(3) Every regulation made by the Minister shall as soon
as convenient after its publication in the Gazette be brought
before Parliament for its approval. Any regulation which is
not so approved shall be deemed to be rescinded as from the
date of disapproval but without prejudice to anything
previously done thereunder.
(4) Notification of the date on which a regulation is
deemed to be rescinded shall be published in the Gazette.
33. Where a request is made to the Government of Sri
Lanka, by or on behalf of another Government for the
extradition of any person accused or convicted of an offence
under this Act, the Minister shall on behalf of the Government
of Sri Lanka, forthwith notify the Government of the
requesting State of the measures which the Government of
Sri Lanka has taken, or proposes to take, for the prosecution
or extradition of that person for that offence.
34. Where a person who is not a citizen of Sri Lanka is
arrested for an offence under this Act, such person shall be
entitled—
(a) to communicate without delay, with the nearest
appropriate representative of the State of which he
is a national or which is otherwise entitled to protect
his rights or if he is a stateless person, with the nearest
appropriate representative of the State in the territory
of which he was habitually resident ; and
Regulations.
Minister to
notify requesting
State, of
measures taken
against persons
for whose
extradition
request is made.
Rights of certain
persons arrested
for offences
under this Act.18 Computer Crime Act, No. 24 of 2007
(b) to be visited by a representative of that State ; and
(c) be informed of his rights under paragraphs
(a) and (b).
35. (1) The provisions of the Mutual Assistance in
Criminal Matters Act, No. 25 of 2002 shall, wherever it is
necessary for the investigation and prosecution of an offence
under this Act, be applicable in respect of the providing of
assistance as between the Government of Sri Lanka and other
States who are either Commonwealth countries specified
by the Minister by Order under section 2 of the aforesaid
Ac t or Non-Commonwe a l th count r i e s wi th whi ch the
Government of Sri Lanka entered into an agreement in terms
of the aforesaid Act.
( 2 ) I n t h e c a s e o f a c o u n t r y w h i c h i s n e i t h e r a
Commonwealth country specified by the Minister by Order
under section 2 of the aforesaid Act nor a Non-Commonwealth
country with which the Government of Sri Lanka entered
into an agreement in terms of the aforesaid Act, then it shall
be the duty of the Government to afford all such assistance
to, and may through the Minister request all such assistance
from, a convention country, as may be necessary for the
investigation and prosecution of an offence under this Act
(including assistance relating to the taking of evidence and
statements, the serving of process and the conduct of searches).
(3) The grant of assistance in terms of this section may be
made subject to such terms and conditions as the Minister
thinks fit.
36. Notwithstanding anything in the Extradition Law,
No. 8 of 1977, an offence specified in the Schedule to that
Law and in this Act, shall for the purposes of that law be
deemed not to be an offence of a political character or an
offence connected with a political offence or an offence
inspired by political motives, for the purposes only of the
extradition of any person accused or convicted of any such
offence, as between the Government of Sri Lanka and any
requesting State, or of affording assistance to a requesting
State under section 35.
Offences under
this Act, not to
be political
offences &c., for
the purposes of
the Extradition
Law.
Assistance to
Convent ion
States &c.Computer Crime Act, No. 24 of 2007 19 37. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
38. In this Act, unless the context otherwise requires,—
“computer” means an electronic or similar device having information processing capabilities;
“storage medium” means any [electronic or similar device] f r om wh i c h i n f o rma t i o n i s c a p a b l e o f b e i n g reproduced, with or without the aid of any other article or device; “computer programme” means a set of instructions expressed in words, codes, schemes or any other form, which is capable when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task ; “computer system” means a computer or group of interconnected computers, including the internet; “document” includes an electronic record; “electronic record” means, information, record or data generated, stored, received or sent in an electronic form or microfilm, or by any other similar means; “function” in relation to a computer, includes logic, control or carrying out of an arithmetical process, deletion, storage and retrieval and communication to or within
a computer; “information” includes data, text, images, sound, codes, computer programmes, databases or microfilm; “service provider” means—
(a) a public or private entity which provides the ability for its customers to communicate by means of a computer system; and Sinhala text to prevail in the event of inconsistency.
Interpretation.20 Computer Crime Act, No. 24 of 2007
(b) any other entity that processes or stores computer data or information on behalf of that
entity or its customers; “ s u b s c r i b e r i n f o rma t i o n ” me a n s a n y i n f o rma t i o n ,
contained in the form of computer data or any other form that is held by a service provider, relating to
subscribers of its services; “traffic data” means data—
(a) that relates to the attributes of a communication by means of a computer system;
(b) data generated by a computer system that is part of a service provider; and
(c) w h i c h s h o w s c o m m u n i c a t i o n s o r i g i n , destination, route, time, data, size, duration
or details of subscriber information.Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180 (Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF GOVERNMENT INFORMATION, NO. 163, KIRULAPONA AVENUE, POLHENGODA, COLOMBO 05 before 15th December each year in respect of the year following.
PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
COMPUTER CRIME
ACT, No. 24 OF 2007 Printed on the Order of Government [Certified on 09th July, 2007]
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA
TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 14.00 Postage : Rs. 7.50
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of July 13, 2007Computer Crime Act, No. 24 of 2007 1
[Certified on 09th July 2007]
L. D.—O. 72/2000
AN ACT TO PROVIDE FOR THE IDENTIFICATION OFCOMPUTER CRIME AND TO PROVIDE THE PROCEDURE FOR THE INVESTIGATION AND PREVENTION OF SUCH CRIMES ; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH AND INCIDENTALTHERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :-
1. This Act may be cited as the Computer Crime Act, No.24 of 2007 and shall come into operation on such date as the Minister may by Order published in the Gazette appoint (hereinafter referred to as the appointed date”).
2. (1) The provisions of this Act shall apply where—
(a) a person commits an offence under this Act while being present in Sri Lanka or outside Sri Lanka ;
(b) the computer, computer system or information affected or which was to be affected, by the act which
constitutes an offence under this Act, was at the material time in Sri Lanka or outside Sri Lanka ;
(c) the facility or service, including any computer storage, or data or information processing service,
used in the commission of an offence under this Act was at the material time situated in Sri Lanka or
outside Sri Lanka ; or
(d) the loss or damage is caused within or outside Sri Lanka by the commission of an offence under this
Act, to the State or to a person resident in Sri Lanka or outside Sri Lanka.
(2) For the purposes of paragraph (d) of subsection (1) “ person ” includes a body of persons corporate or unincorporate. Short title.Application of this Act.2 Computer Crime Act, No. 24 of 2007
PART I
COMPUTER CRIME
3. Any person who intentionally does any act, in order to secure for himself or for any other person, access to—
(a) any computer ; or
(b) any information held in any computer, knowing or having reason to believe that he has no lawful authority to secure such access, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees, or to imprisonment of either description for a term which may extend to five years, or both such fine and imprisonment.
4. Any person who intentionally does any act, in order to secure for himself or for any other person, access to—
(a) any computer ; or
(b) any information held in any computer, knowing or having reason to believe that he has no lawful authority to secure such access and with the intention of committing an offence under this Act or any other law for the time being in force, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred thousand rupees or to imprisonment of either description for a term which may extend to five years or to both such fine and imprisonment.
Explanation 1— for the purposes of paragraph (a) the mere turning on of a computer is sufficient.
Explanation 2— for the purposes of paragraph (b) - (a) there should be an intention to sccure any programme or data held in any computer ; Doing any act to secure unauthorised access in order to commit an offence Securing unauthorised access to a computer an offence .
Computer Crime Act, No. 24 of 2007 3
(b) the access intended to be sccured, should be unauthorised;
(c) it is not necessary to have access directed at any particular programme, data or computer.
5. Any person who, intentionally and without lawful authority causes a computer to perform any function knowing or having reason to believe that such function will result in unauthorised modification or damage or potential damage to any computer or computer system or computer programme shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred thousand rupees or to imprisonment of either description for as term which may extend to five years or to both such fine and imprisonment.
Illustrations
For any unauthorised modification or damage or potential damage to any computer or computer system or computer programme to take place, any one of the following may occur:—
(a) impairing the operation of any computer, computer system or the reliability of any data or information
held in any computer; or
(b) destroying, deleting or corrupting, or adding, moving or altering any information held in any computer;
(c) makes use of a computer service involving computer time and data processing for the storage or retrieval of data;
(d) introduces a computer program which will have the effect of malfunctioning of a computer or falsifies
the data or any information held in any computer or computer system. Causing a computer to perform a
function without lawful authority an offence.4 Computer Crime Act, No. 24 of 2007
Explanation- for the purposes of paragraphs (a) to (d) above, it is immaterial whether the consequences
referred to therein were of a temporary or permanent nature.
6. (1) Any person who intentionally causes a computer to perform any function, knowing or having reason to believe that such function will result in danger or imminent danger to—
(a) national security ;
(b) the national economy ; or
(c) public order,
shall be guilty of an offence and shall on conviction be
punishable with imprisonment of either description for a term
not exceeding five years.
(2) In a prosecution for an offence under paragraphs (a) or (c) of subsection (1), a Certificate under the hand of the Secretary to the Ministry of the Minister in charge of the subject of Defence or, in a prosecution for an offence under paragraph (b) of subsection (1), a Certificate under the hand of the Secretary to the Ministry of the Minister in charge of the subject of Finance, stating respectively, that the situation
envisaged in subsection (1) did in fact exist in relation to national security or public order, or the national economy, as the case may be, shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.
7. Any person who, knowing or having reason to believe that any other person has without lawful authority obtained information from a computer or a storage medium of a computer,—
(a) buys, receives, retains, sells, or in any manner deals
with ; or Offences committed
against national security &c.
Dealing with
data &c.,
unlawfully
obtained an
of f enc e .Computer Crime Act, No. 24 of 2007 5
(b) offers to buy or sell, or in any manner deals with ; or
(c) d o w n l o a d s , u p l o a d s , c o p i e s o r a c q u i r e s t h e
substance or meaning of,
any such information shall be guilty of an offence and shall
on conviction be liable to a fine not less than one hundred
thousand rupees and not exceeding three hundred thousand
rupees or to imprisonment of either description for a term not
less than six months and not exceeding three years, or to
both such fine and imprisonment.
Explanation .—For the purposes of sections 9 and 10—
(a) It is immaterial that the offender had
authority to access the computer or had
authority to perform the function ;
(b) The offender need not have intended
to c aus e or have had the knowl edge
that he is likely to cause, loss or damage
to any particular person or institution.
8. Any person, who, knowingly or without lawful
authority intercepts—
(a) any subscriber information or traffic data or any
communication, to, from or within a computer ; or
(b) any electromagnetic emissions from a computer that
carries any information,
shall be guilty of an offence and shall on conviction be liable
to a fine not less than one hundred thousand rupees and not
exceeding three hundred thousand rupees or to imprisonment
of either description for a term not less than six months and
n o t e x c e e d i n g t h r e e y e a r s , o r t o b o t h s u c h f i n e a n d
imprisonment.
Illegal
interception of
data an offence.6 Computer Crime Act, No. 24 of 2007
9. Any person who, without lawful authority produces,
sells, procures for use, imports, exports, distributes or otherwise
makes available—
(a) any device, including a computer or computer
program ;
(b) a comput e r pa s sword, a c c e s s code or s imi l a r
information by which the whole or any part of a
computer is capable of being accessed,
with the intent that it be used by any person for the purpose
of committing an offence under this Act shall be guilty of an
offence and shall on conviction be liable to a fine not less
than one hundred thousand rupees and not exceeding
three hundred thousand rupees or to imprisonment of
either description for a term not less than six months and
n o t e x c e e d i n g t h r e e y e a r s , o r t o b o t h s u c h f i n e a n d
imprisonment.
10. Any person who, being entrusted with information
which enables him to access any service provided by means
of a computer, discloses such information without any express
authority to do so or in breach of any contract expressed or
implied, shall be guilty of an offence and shall on conviction
be liable to a fine not less than one hundred thousand rupees
and not exceeding three hundred thousand rupees or to
imprisonment of either description for a term not less than
six months and not exceeding three years or to both such fine
and imprisonment.
11. Any person who attempts to commit an offence under
sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Act or
to cause such an offence to be committed, shall be guilty of
an offence and shall on conviction be liable to a fine not
exceeding one half of the maximum fine provided for each of
such offences, or to imprisonment of either description for a
term not exceeding one half of the maximum term provided
f o r e a c h o f s u c h o f f e n c e s , o r t o b o t h s u c h f i n e a n d
imprisonment.
Using of illegal
devices an
of f enc e .
Unauthorised
disclosure of
informa t ion
enabling access
to a service, an
of f enc e .
Attempts to
commit offence.Computer Crime Act, No. 24 of 2007 7
12. (1) Any person who abets the commission of an
offence under this Act shall be guilty of the offence of
abetment and shall on conviction—
(a) if the offence abetted is committed in consequence
of the abetment, be liable to the same punishment
as is provided for the offence; and
(b) if the offence is not committed in consequence of
the abetment, be liable —
(i) w h e r e t h e m a x i m u m f i n e o r t e r m o f
imprisonment is provided for, to a fine not
exceeding one fourth of the maximum fine
provided for the offence or to imprisonment
of either description for a term not exceeding
one fourth of the maximum term provided for
t h e o f f e n c e , o r t o b o t h s u c h f i n e a n d
imprisonment; and
(ii) where the maximum fine or imprisonment is
not provided for or the maximum term of
imprisonment is life, to a fine not exceeding
two hundred and fifty thousand rupees or to
imprisonment of either description for a term
not exceeding five years, or to both such fine
and imprisonment.
(2) The term ‘abet’ shall have the same meaning as in
sections 100 and 101 of the Penal Code (Chapter 19) and the
provisions of sections 101A, 103, 104, 105, 106 and 107 of
the Penal Code (Chapter 19) shall mutatis mutandis apply in
relation to the abetment of any offence under this Act.
13. (1) Any person who conspires to commit an offence
under this Act shall be guilty of an offence and shall, on
conviction be liable to be punished with the punishment
prescribed for abetting the commission of that offence.
Abetment of an
of f enc e .
Conspiring to
commit an
of f enc e .8 Computer Crime Act, No. 24 of 2007
(2) The term “conspire” shall have the same meaning as
in subsection (2) of section 113A of the Penal Code (Chapter
19) and the provisions of that section shall mutatis mutandis
apply in relation to conspiracy to commit any offence under
this Act.
14. (1) Where a person is convicted of an offence under
this Act, and where it is established that as a result of the
commission of such offence—
(a) los s or damage wa s c aus ed to any pe r son or
institution; or
(b) monetary gain accrued to the offender or any other
person,
the court shall, in addition to any other punishment that may
be imposed on the offender, make order for the payment by
the offender—
(i) of compensation, to the person or institution that
incurred loss or damage; or
(ii) of a sum equivalent to the value of the monetary
gain so accrued, to the State, as the case may be.
(2) An order made under subsection (1) for payment, shall
be enforced as if such order was a decree entered by the District
Court in favour of the person or institution which suffered
the loss or damage or the State, as the case may be.
(3) A Certificate under the hand of an expert containing a
record of the quantum of compensation as computed by the
victim and a statement whether in the opinion of the expert,
the quantum of compensation is proportionate to the loss or
damage caused or the monetary value of the gain accrued
shall be admissible in evidence and shall be prime facie proof
of the facts stated therein.
Compensation to
be awarded for
loss or damage
consequent to an
of f enc e .Computer Crime Act, No. 24 of 2007 9
(4) An order under subsection (1) for the payment of
compensation in favour of any person shall not debar or
prejudice any right of that person to a civil remedy for the
recovery of damages :
Provided however that the time limit specified in the
Prescription Ordinance (Chapter 68) for the commencement
of any action relating to a civil remedy, shall, for the purposes
of this Act, be computed only from the date on which an
order under subsection (1) is made.
PART II
INVESTIGATIONS
15. Except as otherwise provided by this Act, all offences
under this Act shall be investigated, tried or otherwise dealt
with in accordance with the provisions of the Code of Criminal
Procedure Act, No. 15 of 1979.
16. Every offence under this Act shall be a cognizable
offence within the meaning of, and for the purpose of, the
Code of Criminal Procedure Act, No. 15 of 1979.
17. (1) The Minister in charge of the subject of Science
and Technology may, in consultation with the Minister in
charge of the subject of Justice, appoint by Order puiblished
in the Gazette any public officer having the required
qualification and experience in electronic engineering or
software technology (hereinafter referred to as“an expert”) to
assist any police officer in the investigation of an offence
under this Act.
(2) For the purposes of this section “expert” includes-
(a) any member of the staff of any University who
possesses the prescribed qualification and, who is
nominated by the Vice-Chancellor of the relevant
University ;
Offences under
this Act to be
investigated
under the
provisions of the
Code of Criminal
Proc edur e .
Offence under
the Act to be
cognizable
of f enc e .
Appointment of
a panel of
experts.10 Computer Crime Act, No. 24 of 2007
(b) any public institution which in the opinion of
the relevant University possesses the prescribed
q u a l i f i c a t i o n a n d i s n o m i n a t e d b y t h e
Vice-Chancellor of such University :
Provided tha t whe r e an “ expe r t ” c annot be
identified in terms of paragraph (a) or (b) above the
Mini s t e r may, in consul t at ion wi th the Vi c e -
Chancellor of the relevant University appoint any
other institution which satisfies the prescribed
qualification ;
(c) University shall mean any University established
under the Universities Act, No. 16 of 1978.
(3) The qualifications and experience (having regard to
the specific areas of expertise in electronic engineering or
software technology) required to be fulfilled by an officer
appointed under subsection (1) and the manner and mode of
appointment and the conditions of appointment of such
officer shall be as prescribed by regulations.
(4) For the purpose of an investigation under this Act, an
expert called upon to assist any police officer shall, have the
power to—
(a) enter upon any premises along with a police officer
not below the rank of a sub-inspector ;
(b) a c c e s s any informa t ion sys t em, comput e r or
comput e r sys t em or any progr amme , da t a or
information held in such computer to perform any
function or to do any such other thing ;
(c) require any person to disclose any traffic data ;
(d) orally examine any person ;
(e) do such other things as may be reasonably required,
for the purposes of this Act.Computer Crime Act, No. 24 of 2007 11
(5) An expert shall be paid such remuneration as may be
determined by the Minister in consultation with the Minister
in charge of the subject of Finance.
(6) An expert may be called upon to assist any police
officer in the investigation of an offence under this Act and it
shall be duty of the officer to render all such assistance as
may be required for the purposes of such investigation. Where
any proceedings have been commenced consequent to the
findings of an investigation, it shall be the duty of the officer
to make available for the purposes of such proceedings, any
information, data, material or other matter that may be
obtained by him in the course of such investigation.
18. (1) An expert or a police officer may, for the purposes
of an investigation under this Act under the authority of a
warrant issued in that behalf by a Magistrate on application
made for such purpose,—
(i) o b t a i n a n y i n f o rma t i o n i n c l u d i n g s u b s c r i b e r
information and traffic data in the possession of any
service provider;
(ii) intercept any wire or electronic communication
including subscriber information and traffic data, at
any stage of such communication.
(2) Notwithstanding the provisions of subsection (1), an
expert or a police officer may without a warrant exercise all
or any of the powers referred to in that subsection, if—
(a) the investigation needs to be conducted urgently;
and
(b) there is a likelihood of the evidence being lost,
destroyed, modified or rendered inaccessible; and
(c) there is a need to maintain confidentiality regarding
the investigation.
Powers of search
and seizure with
warrant.12 Computer Crime Act, No. 24 of 2007
(3) The provisions of sections 36, 37 and 38 of the Code of
Criminal Procedure Act, No. 15 of 1979 shall not apply in
relation to the arrest of a person for an offence under this Act.
(4) The Minister may by regulation prescribe the manner
in which and the procedures required to be followed in respect
of, the retention and interception of data and information
including traffic data, for the purposes of any investigation
under this Act.
19. (1) Where an expert or a police officer is satisfied
that any information stored in a computer is reasonably
required for the purposes of an investigation under this Act
and that there is a risk that such information may be lost,
destroyed, modified or rendered inaccessible, he may by
written notice require the person in control of such computer
or computer system to ensure that the information be preserved
for such period not exceeding seven (07) days as may be
specified in such notice.
(2) On an application made to a Magistrate having
jurisdiction, the period for which the information is to be
preserved may be extended for such further period, which in
the aggregate shall not exceed upto ninety days.
20. Every police officer and every expert who conducts
any search, inspection or does any other thing in the course
of an investigation, shall make every endeavour to ensure
that the ordinary course of legitimate business for which any
computer may be used is not hampered by such search,
inspection or investigation and shall not seize any computer,
computer system or part thereof, if such seizure will prejudice
the conduct of the ordinary course of business for which the
computer is used, unless—
(a) it is not possible to conduct the inspection on the
premises where such computer, computer system or
part thereof is located; or
Preservation of
informa t ion.
Normal use of
computer not to
be hampered.Computer Crime Act, No. 24 of 2007 13
(b) seizure of such computer, computer system or part
thereof is essential to prevent the commission of the
offence or the continuance of the offence or to obtain
custody of any information which would otherwise
be lost, destroyed, modified or rendered inaccessible.
21. (1) Any police officer may, in the course of an
investigation under this Act, exercise powers of arrest, search,
or seizure of any information accessible within any premises,
in the manner provided for by law:
Provided that a police officer making an arrest without a
warrant of person suspected of committing an offence under
this Act, shall without unnecessary delay and within twentyfour hours of such arrest, exclusive of the time taken for the
journey from the place of arrest to the presence of the
Magistrate, produce such person before the Magistrate of the
Court nearest to the place that the suspect is arrested.
(2) No police officer shall access any computer for the
purpose of an investigation under this Act unless the Inspector
General of Police has certified in writing that such police
officer possesses adequate knowledge and skill in the field
of information communication technology and is thereby
possessed of the required expertise to perform such a function.
22. (1) Where any item or data has been seized or
rendered inaccessible in the course of an investigation, the
police officer conducting the search shall issue a complete
list of such items and data including the date and time of
such seizure or of rendering it inaccessible to the owner or
person in charge of the computer or computer system.
(2) Subject to the provisions of subsection (3), a police
officer may upon application made by the owner or person in
control of the computer or computer system, permit a person
nominated by such owner or person to issue such person a
copy of such data.
Power of police
officer to arrest,
search and seize.
Police officer to
record and
afford access to
seized data.14 Computer Crime Act, No. 24 of 2007
(3) A police officer shall not grant permission or give such
copies under subsection (2) if it appears that such permission
would be prejudicial to any criminal investigation or
proceeding.
23. (1) Any person who is required to make any disclosure
or to assist in an investigation under this Act, shall comply
with such requirement.
(2) A person who obstructs the lawful exercise of the powers
conferred on an expert or a police officer or fails to comply
with such request made by such expert or police officer during
an investigation shall be guilty of an offence and shall on
conviction be liable to a fine not exceeding two hundred
thousand rupees or to imprisonment of either description for
a period not less than one year and not exceeding two years
or to both such fine and imprisonment.
24. (1) Every person engaged in an investigation under
this Act shall maintain strict confidentiality with regard to
all information as may come to his knowledge in the course
of such investigations and he shall not disclose to any person
or utilize for any purpose whatsoever any information so
obtained other than in the discharge of his duties under this
Act.
(2) Every service provider from whom any information
has been requested or obtained and any person to whom a
written notice has been issued for the preservation of any
information shall maintain strict confidentiality in relation
to such information and the fact that such information has
been requested, obtained or required to be preserved, and
shall not make any disclosure in regard to such matters other
than with lawful authority.
(3) A service provider shall not be held liable under the
civil or criminal law for the disclosure of any data or other
information for the purposes of an investigation under this
Act.
Duty to assist
investigation.
Confidentiality
of information
obtained in the
course of an
investigation.Computer Crime Act, No. 24 of 2007 15
(4) Any pe r son who cont r avene s the provi s ions of
subsections (1) and (2) shall commit an offence and shall on
conviction be liable to a fine not exceeding three hundred
thousand rupees or to imprisonment of either description for
a term not exceeding two years or to both such fine and
imprisonment.
PART III
MISCELLANEOUS
25. The jurisdiction to hear, try and determine all
offences under this Act shall be vested with the High Court :
Provided however that where the provisions of the
Extradition Law, No. 8 of 1977 is applicable in relation to
the commission of an offence under this Act, the High Court
holden at Colombo shall have exclusive jurisdiction to hear,
try and determine such offence.
26. (1) Every document duly signed and issued by an
expert or a police officer, as the case may be, and duly
authenticated by an expert in the prescribed manner, shall be
admissible in evidence and shall be prima facie evidence of
the facts stated therein.
(2) for the purposes, of this section the expression
“ d o c ume n t ” s h a l l i n c l u d e a c e r t i f i c a t e , d e c l a r a t i o n ,
information, data, report or any other similar document.
27. The Schedule to the Extradition Law, No. 8 of 1977
is hereby amended by the insertion immediately before Part
B thereof, of the following new item :—
“(49) An offence committed in terms of the Computer
Crimes Act, No. 24 of 2007.”.
28. No civil or criminal action shall be instituted against
an expert or a police officer appointed for the purpose of this
Act, for any lawful act which is done or purported to be done
in good faith by such expert or police officer as the case may
be, in pursuance of his duties under this Act.
Proof of
document issued
by an expert or a
Police Officer.
Jurisdiction.
Amendment of
the Schedule to
the Extradition
Law, No. 8 of
1 9 7 7 .
Immuni ty f rom
legal
proc e edings .16 Computer Crime Act, No. 24 of 2007
29. Every expert shall, in the discharge of his duties
under this Act, be deemed to be—
(a) a “peace officer” within the meaning and for the
purposes of the Code of Criminal Procedure Act,
No. 15 of 1979; and
(b) a “public officer” within the meaning and for the
purposes of the Penal Code (Chapter 19).
30. Where an offence under this Act is committed by a
body of persons, then if that body of person is—
(a) a body corporate, every director and officer of that
body corporate; or
(b) a firm, every partner of that firm; or
(c) a body unincorporated other than a firm, every
officer of that body responsible for its management
and control,
shall be deemed to be guilty of such offence :
Provided that no such person shall be deemed to be guilty
of such offence if he proves that such offence was committed
without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.
31. For the purposes of the application of the provisions
of the Penal Code (Chapter 19) in relation to an offence
committed under this Act—
(a) an offence under this Act committed outside the
territory of Sri Lanka shall be deemed to have been
committed in Sri Lanka; and
(b) any information referred to in this Act shall be
deemed to be property.
Presumptions.
Experts deemed
to be peace
officer and
public officer.
Offences by
bodies of
persons.Computer Crime Act, No. 24 of 2007 17
32. (1) The Minister may make regulations under this
Act for the any matter authorized or required to be made
under this Act, or which in required to be prescribed under
this Act, or for the purpose of carrying out or giving effect to
the principles and provisions of this Act.
(2) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified in the regulation.
(3) Every regulation made by the Minister shall as soon
as convenient after its publication in the Gazette be brought
before Parliament for its approval. Any regulation which is
not so approved shall be deemed to be rescinded as from the
date of disapproval but without prejudice to anything
previously done thereunder.
(4) Notification of the date on which a regulation is
deemed to be rescinded shall be published in the Gazette.
33. Where a request is made to the Government of Sri
Lanka, by or on behalf of another Government for the
extradition of any person accused or convicted of an offence
under this Act, the Minister shall on behalf of the Government
of Sri Lanka, forthwith notify the Government of the
requesting State of the measures which the Government of
Sri Lanka has taken, or proposes to take, for the prosecution
or extradition of that person for that offence.
34. Where a person who is not a citizen of Sri Lanka is
arrested for an offence under this Act, such person shall be
entitled—
(a) to communicate without delay, with the nearest
appropriate representative of the State of which he
is a national or which is otherwise entitled to protect
his rights or if he is a stateless person, with the nearest
appropriate representative of the State in the territory
of which he was habitually resident ; and
Regulations.
Minister to
notify requesting
State, of
measures taken
against persons
for whose
extradition
request is made.
Rights of certain
persons arrested
for offences
under this Act.18 Computer Crime Act, No. 24 of 2007
(b) to be visited by a representative of that State ; and
(c) be informed of his rights under paragraphs
(a) and (b).
35. (1) The provisions of the Mutual Assistance in
Criminal Matters Act, No. 25 of 2002 shall, wherever it is
necessary for the investigation and prosecution of an offence
under this Act, be applicable in respect of the providing of
assistance as between the Government of Sri Lanka and other
States who are either Commonwealth countries specified
by the Minister by Order under section 2 of the aforesaid
Ac t or Non-Commonwe a l th count r i e s wi th whi ch the
Government of Sri Lanka entered into an agreement in terms
of the aforesaid Act.
( 2 ) I n t h e c a s e o f a c o u n t r y w h i c h i s n e i t h e r a
Commonwealth country specified by the Minister by Order
under section 2 of the aforesaid Act nor a Non-Commonwealth
country with which the Government of Sri Lanka entered
into an agreement in terms of the aforesaid Act, then it shall
be the duty of the Government to afford all such assistance
to, and may through the Minister request all such assistance
from, a convention country, as may be necessary for the
investigation and prosecution of an offence under this Act
(including assistance relating to the taking of evidence and
statements, the serving of process and the conduct of searches).
(3) The grant of assistance in terms of this section may be
made subject to such terms and conditions as the Minister
thinks fit.
36. Notwithstanding anything in the Extradition Law,
No. 8 of 1977, an offence specified in the Schedule to that
Law and in this Act, shall for the purposes of that law be
deemed not to be an offence of a political character or an
offence connected with a political offence or an offence
inspired by political motives, for the purposes only of the
extradition of any person accused or convicted of any such
offence, as between the Government of Sri Lanka and any
requesting State, or of affording assistance to a requesting
State under section 35.
Offences under
this Act, not to
be political
offences &c., for
the purposes of
the Extradition
Law.
Assistance to
Convent ion
States &c.Computer Crime Act, No. 24 of 2007 19 37. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
38. In this Act, unless the context otherwise requires,—
“computer” means an electronic or similar device having information processing capabilities;
“storage medium” means any [electronic or similar device] f r om wh i c h i n f o rma t i o n i s c a p a b l e o f b e i n g reproduced, with or without the aid of any other article or device; “computer programme” means a set of instructions expressed in words, codes, schemes or any other form, which is capable when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task ; “computer system” means a computer or group of interconnected computers, including the internet; “document” includes an electronic record; “electronic record” means, information, record or data generated, stored, received or sent in an electronic form or microfilm, or by any other similar means; “function” in relation to a computer, includes logic, control or carrying out of an arithmetical process, deletion, storage and retrieval and communication to or within
a computer; “information” includes data, text, images, sound, codes, computer programmes, databases or microfilm; “service provider” means—
(a) a public or private entity which provides the ability for its customers to communicate by means of a computer system; and Sinhala text to prevail in the event of inconsistency.
Interpretation.20 Computer Crime Act, No. 24 of 2007
(b) any other entity that processes or stores computer data or information on behalf of that
entity or its customers; “ s u b s c r i b e r i n f o rma t i o n ” me a n s a n y i n f o rma t i o n ,
contained in the form of computer data or any other form that is held by a service provider, relating to
subscribers of its services; “traffic data” means data—
(a) that relates to the attributes of a communication by means of a computer system;
(b) data generated by a computer system that is part of a service provider; and
(c) w h i c h s h o w s c o m m u n i c a t i o n s o r i g i n , destination, route, time, data, size, duration
or details of subscriber information.Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180 (Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF GOVERNMENT INFORMATION, NO. 163, KIRULAPONA AVENUE, POLHENGODA, COLOMBO 05 before 15th December each year in respect of the year following.
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