Paragraph 90
Slavery was abolished in Ceylon in 1844 by the Abolition of Slavery Ordinance No. 20 of 1844 (Cap. 75 L.E.). Section 2 of this Ordinance is as follows:
“Slavery shall no longer exist in Ceylon and all persons being slaves shall become free and entitled in every way to all the rights and privileges of free persons, any other law or enactment to the contrary now in force notwithstanding:
“Sections 361 and 362 of the Ceylon Penal Code provide for the following offences in regard to slavery. These provisions should be read along with sections 490, 101-103A which provide for attempts, abetment, conspiracy to commit these offences.
“Section 361. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave or accepts, receives or detains against his will any person as a slave shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to a fine.
Section 362. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished with imprisonment of either description for a term which may extend to fifteen years and shall also be liable to a fine.”
Article 288. Causing or procuring children to beg
(1) whoever causes or procures a child to be in any street, Premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing , playing ., performing, offering anything for sale or otherwise ) shall on conviction be punished with imprisonment of either description for a term not exceeding five years and may also be liable to a fine.
(2) In this section child means a person under eighteen years of age
Article 357. Kidnapping or abducting a woman to compel her to marriage, etc
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Article 358. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Article 358A. Debt bondage, serfdom, forced or compulsory labour, slavery and recruitment of children for use in armed conflict
(1) Any person who –
(a) subjects or causes any person to be subjected to debt bondage or serfdom ;
(b) subjects or causes any person to be subjected to forced or compulsory labour;
(c) subjects or causes any person to be subjected to slavery ; or
(d) engages or recruits a child for use in armed conflict, shall be guilty of an offence.
(2) Any person who is guilty of an offence under paragraph (a), (b) or (c) of subsection (1), shall on conviction be liable to imprisonment of either description for a term not exceeding twenty years and to a fine. Where the offence is committed under paragraphs (a), (b) or (c) of subsection (1) in relation to a child or where the offence is committed under paragraph (d) of subsection (1), be liable to imprisonment of either description for a term not exceeding thirty years and to a fine.
(3) In this section –
"debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not set - off against the debt and the length and nature of those services are undefined;
"forced or compulsory labour" means all work or service which is exacted from a person under the threat of any penalty and for which such person has not offered himself voluntarily, except-
(a) any work or service exacted by virtue of any law for the time being relating to compulsory military service in relation to work or service of a purely military character ;
(b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;
(c) any work or service exacted from any person as a punishment imposed by a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to be or placed, at the disposal of private individuals, companies or associations;
(d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic of epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;
(e) minor services of a kind which, being performed by the members of the community in the direct interests of the said community, and thereby considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services;
"serfdom" means the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person whether for reward or not and is not free to change his status;
"slavery" means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised; and
Article 360A. Procreation
Whoever-
(1) procures, or attempts to procure, any person, whether male or female of whatever age (whether with or without the consent of such person) to become, within or outside Sri Lanka, prostitute;
(2) procures, or attempts to procure, any person, under sixteen years of ages to leave Sri Lanka with or without the consent of such person) with a view to illicit sexual intercourse with any person outside Sri Lanka, or removes, or attempts to remove, from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose;
(3) procures, or attempts to procure, any person of whatever age, to leave Sri Lanka (whether with or without the consent of such person) with intent that such person may become the inmate of, or frequent, a brothel
elsewhere, or removes, or attempts to remove, from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose;
(4) brings, or attempts to bring, into Sri Lanka any person under sixteen years of age with a view to illicit sexual intercourse with any other person, in Sri Lanka or outside Sri Lanka;
(5) procures, or attempts to procure, any person of whatever age (whether with or without the consent of such person) to leave such persons usual place of abode in Sri Lanka with a view to illicit sexual intercourse within or outside Sri Lanka;
(6) detains any person without the consent of such person in any premises with a view to illicit sexual intercourse or sexual abuse.
Commits the offence of procreation and shall on conviction be punished with imprisonment of either description for a term of not less than two years and not exceeding ten years and may also be punished with a fine.
Article 360C. Trafficking
(1) Whoever-
(a) buys, sells or barters or instigates another person to buy, sell or barter any person or does anything to promote, facilitate or induce the buying, selling or bartering of any person for money or other consideration;
(b) recruits, transports, transfers, harbours or receives any person or does any other act by the use of threat, force, fraud, deception or inducement or by exploiting the vulnerability of another for the purpose of securing forced or compulsory labour or services, slavery, servitude, the removal of organs, prostitution or other forms of sexual exploitation or any other act which constitutes an offence under any law ;
(c) recruits, transports, transfers, harbours or receives a child or does any other act whether with or without the consent of such child for the purpose of securing forced or compulsory labour or services, slavery, servitude or the removal of organs, prostitution or other forms of sexual exploitation, or any other act which constitutes an offence under any law,
(2) Any person who is guilty of the offence of trafficking shall on conviction be punished with imprisonment of either description for a term not less than two years and not exceeding twenty years and may also be punished with fine and where such offence is committed in respect of a child, be punished with imprisonment of either description for a term not less than three years and not exceeding twenty years and may also be punished with fine.
(3) In this section,-
"forced or compulsory labour" has the same meaning as in section 358A;
"slavery" has the same meaning as in section 358A; and
"exploiting the vulnerability of another" means impelling a person to submit to any act, taking advantage of such person's economic, cultural or other circumstances.".
Article 360D. Offences related to adoption
Whoever, for the purpose of placing any person in adoption –
(i) arranges for, or assists, a child to travel to a foreign country without the consent of his parent or lawful guardian;
(ii) obtains the consent, whether written or oral of a pregnant woman, for money or any other consideration, for the adoption of the unborn child of such woman;
(iii) recruits a woman or a couple to bear children;
(iv) being a person concerned with the registration of births, knowingly permits the falsification of any register used for the registration of births or any birth record contained in any such register;
(v) engages in procuring children from hospitals, shelters for women, clinics, nurseries, day care centres or other child care institutions or welfare centres, for money or other consideration or procures a child for adoption from any such institution or centre, by intimidation of the mother or any other person; or
(vi) impersonates the mother or assists in such impersonation.
Penal Code (PDF)
Article 2.
(1) Any person who—
(i) keeps, maintains or manages ;
(ii) knowingly finances or takes part in the financing of ; or Offence of trafficking of women and children for prostitution.
2 Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Act, No. 30 of 2005 (iii) knowingly lets or rents, a building or other place or any part thereof for the purpose of trafficking of women and children for prostitution or any matter connected thereto, shall be guilty of an offence under this Act.
(2) Any person who—
(a) attempts to commit ;
(b) aids or abets in the commission of ;
(c) conspires to commit,
an offence under subsection (1) shall be guilty of an offence under this Act.
(3)
(a) Any person who is guilty of an offence under subsections (1) or (2) of this section shall be punished with imprisonment of either description for a period not less than three years and not exceeding fifteen years and be liable to a fine.
(b) The Court may recover compensation to be paid to the victim by way of a fine imposed under paragraph (a), taking into consideration the nature of the offence. A further term of imprisonment which may extend to five years may be imposed in the case of a failure to pay compensation.
(c) In case the offence is committed on a subsequent occasion, the offender shall be punished with twice the punishment and fine as is specified in respect of the offence.
