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No 2 Penal Code - IDP SriLanka

No 2 Penal Code - IDP SriLanka

No 2 Penal Code - IDP SriLanka

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http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Sentence offorfeiture ofproperty.<strong>No</strong> female orpersonsentenced todeath orimprisonment formore than Fiveyears to bepunished withwhipping.56. In every case in which a person is convicted of an offence for which he is liable toforfeiture of all his property, the offender shall be incapable of acquiring any property,except for the benefit of Government, until he shall have undergone the punishmentawarded, or the punishment to which it shall have been commuted, or until he shall havebeen pardoned.IllustrationA, being convicted of waging war against the Republic is liable toforfeiture of all his property. After sentence, and while the same isin force, A's father dies, leaving an estate which, but for theforfeiture, would become the property of A. The estate becomesthe property of the Government.57. <strong>No</strong> female shall in any case be punished with whipping. <strong>No</strong>r shall any person who maybe sentenced to death or to imprisonment for more than five years be punished withwhipping.Limit ofpunishment ofoffence which ismade up ofseveral offences.67 * . Where anything which is an offence is made up of parts, any of which parts is itselfan offence, the offender shall not be punished with the punishment of more than one ofsuch his offences, unless it be so expressly provided.Where anything is an offence falling within two or more separate definitions of any law inforce for the time being by which offences are defined or punished; orWhere several acts of which one, or more than one, would by itself or themselves constitutean offence, constitute when combined a different offence; the offender shall not bepunished with a more severe punishment that the Court which tries him could award for anyone of such offences.Illustrations.(a) A gives Z fifty strokes with a stick. Here A may have committedthe offence of voluntarily causing hurt to Z by the whole heating,and also by each of the blows which make up the whole beating. IfA were liable to punishments for every blow he might beimprisoned for fifty years one for each blow but he is liable only toone punishment for the whole beating.(b) But if while A is beating Z, Y interferes and A intentionallystrikes Y; here as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment forvoluntarily causing hurt to Z and to Another for the blow given toY.(* Section 58 be repealed by Section 3 of Ordinance <strong>No</strong>. 50 of 1939. Section 59 to 66repealed by section 2 of Ordinance <strong>No</strong>. 20 of 1938. )( See section 301 of the <strong>Code</strong> of Criminal Procedure Act <strong>No</strong> 15 of 1979 and section 14 (3)of the Primary Courts Procedure Act.)http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (12 of 124)9/30/2008 2:10:37 PM

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