No 2 Penal Code - IDP SriLanka

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http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5* (Section 13, containing the definition of " servant of the Queen", isomitted)This Island "<strong>SriLanka</strong>", "foreigncountry", "foreignState".15. The words " this Island " and " Sri Lanka " denote respectively, the Island of Sri Lanka,and the expression, " foreign country " or "foreign State" shall mean any country or Stateother than Sri Lanka." President ".16. The word "President" shall mean the President of the Democratic Socialist Republic ofSri Lanka, and shall include any person duly appointed or designated to exercise, performand discharge the powers, duties and functions of his office."Judge"." Court ofJustice"."Election"."Public servant".17. The word "Judge" not only denotes every person who is officially designated as ajudge, 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, wouldbe 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 givesuch a judgment.Illustrations(a) A Magistrate exercising jurisdiction in respect of a charge onwhich he has power to sentence to fine or imprisonment is ajudge.(b) A District Registrar or Additional District Registrar exercisingjurisdiction under section 33 of the Kandyan Marriage and DivorceAct, is a judge.(c) A juror at a trial before the High Court is a judge.(d) A Magistrate exercising Jurisdiction in respect of a charge onwhich he has power only to commit for trial to another court is nota judge; but a Magistrate when exercising jurisdiction in requiringpersons to give security to keep the peace, or for good behaviour,is a judge.18. The words " Court of Justice " denote a judge who is empowered by law to actJudicially 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.18A. The word " election " denotes any election for any purpose whatsoever held under orby virtue of any enactment of the Legislature of Sri Lanka or under the Ceylon(Parliamentary Elections) Order-in-Council, 1946, or any rules or regulations madethereunder.19. The words " public servant " denote a person falling under any of the descriptionshereinafter following, namely:-Firstly- Every person holding any office in Sri Lanka by virtue of any commission or warrantor other act of appointment, granted or made by the President or under the President'sauthority.Secondly- Every member of the Sri Lanka AdministrativeService.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (4 of 124)9/30/2008 2:10:37 PM
http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5Thirdly- Every commissioned officer in the naval, military or air forces of the Republic of <strong>SriLanka</strong>.Fourthly- Everyjudge.Fifthly- Every officer of a Court of Justice whose duty it is, as such officer, to investigate orreport on any matter of law or fact, or to make, authenticate, or keep any document, or totake charge or dispose of any property, or to execute any judicial process, or to administerany oath, or to interpret, or to preserve order in the court, and every person speciallyauthorized by a Court of Justice to perform any of such duties.Sixthly- Every juryman or assessor assisting a Court of Justice or a publicservant.Seventhly- Every arbitrator or other person to whom any cause or matter has been referredfor decision or report by any Court of Justice, or by any other competent public authority.Eighthly- Every person who holds an office by virtue of which he is empowered to place orkeep any person in confinement.Ninthly- 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.Tenthly- Every officer whose duty it is, as such officer, to take, receive, keep, or expend anyproperty on behalf of Government or to make any survey, assessment, or contract onbehalf of Government, or to investigate or to report on any matter affecting the pecuniaryinterests of Government, or to make, authenticate, or keep any document, relating to thepecuniary interests of Government, or to prevent the infraction of any law for the protectionof the pecuniary interests of Government, and every officer in the service or pay ofGovernment or remunerated by fees or commission for the performance of any public duty.Eleventhly- Every officer whose duty it is, as such officer, to take, receive, keep, or expendany property, to make any survey or assessment, or to levy any rate or tax for any secularcommon purpose of any village, town, or district, or to make, authenticate, or keep anydocument for the ascertaining of the rights of the people of any village, town, or district.Twelthly- Every person who is empowered to prepare, publish, maintain, or revise anelectoral roll or to conduct an election or part of an election.IllustrationsA Municipal Inspector is a public servant.A Superintending Engineer under the Thoroughfares Ordinance,is a public servant.A Fiscal is a public servant. A grama seva niladari is a publicservant.Explanation 1.-Persons falling under any of the above descriptions are publicservants whether appointed by the Government or not.Explanation 2.-Wherever the words " public servant " occur, they shall beunderstood of every person who is in actual possession of thesituation of a public servant, whatever legal defect there may be inhis right to hold that situation.http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (5 of 124)9/30/2008 2:10:37 PM
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No 2 Penal Code - IDP SriLanka

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