Sri Lanka Consolidated Acts

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Penal Code (Amendment) Act (No. 22 of 1995) - Sect 13

Replacement of section 364 of the principal enactment

13. Section 364 of the principal enactment is hereby repealed and the following section substituted therefor:-
364.
(1) Whoever commits rape shall, except, in the cases provided for in subsections (2) and (3), be punished with rigorous Imprisonment for a term not leas than seven years and not exceeding twenty years and with fine, and shall in addition be ordered to pay compensation of an amount determined by court, to the person in respect of whom the offence was committed for the injuries caused to each person.
(2) Whoever-
(a) being a public officer or person in a position of authority, takes advantage of his official position, and commits rape on. a woman in his official custody or wrongfully restrains and commits rape on a woman;
(b) being on the management, or on the staff of a remand home or other place of custody, established by or under law, or of a women's or children's institution, takes advantage of his position and commits rape on any woman in mate of such remand home, place of custody or institution ;
(c) being on the management or staff of a hospital, takes advantage of his position and commits rape on a woman in that hospital;
(d) commits rape on a woman knowing her to be pregnant;
(e) commits rape on a woman under eighteen years of age ;
(f) commits rape on a woman who is mentally or physically disabled ;
(g) commits gang rape,
(3) Whoever commits rape on a woman under sixteen years of age and the woman stands towards the man in any of the degrees of relationships enumerated in lection 364A shall on conviction be punished with rigorous imprisonment, for a term not less than fifteen years and not exceeding twenty years and with fine.
(4) Where any person fails to pay the compensation he is ordered to pay under subsection (1) or subsection (2), he shall, In addition to the imprisonment imposed on him under subsection (1) or subsection (2) be punished with a further term of imprisonment of either description for a term which may extend up to two years


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