Page 99 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Article 71 of the Children and Young Persons Ordinance stipulates
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the act of being cruel to children and young persons as an offense
and Article 71(1) states that;
“if any person who has attained the age of sixteen years and has the
custody, charge, or care of any child or young person, willfully assaults,
ill-treats, neglects, abandons, or exposes him, or causes or procures
him to be assaulted, ill-treated, neglected, abandoned, or exposed, in
a manner likely to cause him unnecessary suffering or injury to health
(including injury to or loss of sight, or hearing, or limb, or organ of the
body, and any mental derangement), that person shall be guilty of an
offence and shall be liable to a fine not exceeding one thousand rupees
or to imprisonment of either description for a term not exceeding three
years, or to both such fine and imprisonment”.

Further, Article 71(6) states that;

“nothing in this section shall be construed as affecting the right of any
parent, teacher, or other person having lawful control or charge of a
child or young person to administer punishment to him.”

Although the aforementioned regulation and example have not been
revoked, they are regarded as outdated under current practices. After
ratifying the UNCRC, it was recognized that the Penal Code needed
to be modified, which resulted in the Penal Code (Amendment)
Act, No. 22 of 1995. The addition of a new provision, identified as
Section 308A, was made effective by the Amendment and added to
the primary legislation, which reads as follows:

“(1) Whoever, having the custody, charge or care of any person
under eighteen years of age, willfully assaults, ill-treats, neglects,
or abandons such person or causes or procures such person to be
assaulted, ill-treated, neglected, or abandoned in a manner likely
14 Children and Young Persons Ordinance (1939) 48 of 1939 https://www.lawnet.gov.lk/
children-and-young-persons-2/ accessed 2 April 2023.
law.faculty@kdu.ac.lk
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