Sri Lanka Consolidated Acts

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Penal Code (Amendment) Act (No. 22 of 1995) - Sect 15

Replacement of section 364A of the principal enactment

15. Section 364A of the principal enactment is hereby repealed and the following section substituted therefor :-
364A.
(1) Whoever has sexual inter-"course with another, who stands towards him in any of the following enumerated degrees of relationship, that is to say-
(a) either party is directly descend from the other or is the adoptive parent, adoptive grand parent, adopted child or adopted grand child of the other; or
(b) the female, Is the sister of the male, either by the full or the half blood or by adoption, or is the daughter at his brother or of his sister, by the full or the half blood or by adoption, or is a descendant from either of them, or is the daughter of his wife by another father, or is his son's or grandson's or father's or grandfather's widow; or
(c) the male, is the brother of the female either by the full or the half blood or by adoption, or is the son of her brother or sister by the full or the half blood or by adoption or is a descendant from either of them, of is the son of her husband by another mother, or is her deceased daughter's or grand daughter's or mother's or grand mother's husband,
(2) The offence of incest shall not be affected or negated by reason of the existence of any defect In the legality of way relationship given In this section, such as absence of a valid marriage or adoption
(3) Whoever-
(a) commits incest, shall be punished with rigorous Imprisonment for a term not less than seven years and not exceeding twenty years and with fine;
(b) attempts to commit incest shall be punished with imprisonment of either description for a terms which may extend to two years.
4) No prosecution, shall be commenced for an offence under this section except with the written sanction of the Attorney-General,".


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