New Crimes Bill raises questions over people’s liberty

The Prevention of Organised Crimes Bill, published as a Gazette Supplement issued on October 6, 2026, aims to give effect to the United Nations Convention Against Transnational Organised Crime and facilitate national and international cooperation in preventing, investigating and prosecuting serious offences.

The objectives of the proposed legislation are to prevent, suppress, and disrupt the activities of organised criminal groups and persons who are involved in such organised criminal groups, to facilitate the investigation and prosecution of serious crime, to promote and facilitate national and international cooperation in order to achieve these objects and to protect members of the public from the harm caused, or likely to be caused, by such organised criminal groups.

The following provisions have sparked considerable public debate due to their controversial nature.

Risk of criminalizing association rather than conduct

Under clause 4(2), in determining membership of an organized criminal group, a court may consider a person’s dress, hand signs, tattoos, associations and the places they visit. It is alleged that these provisions risk criminalising association rather than conduct. Human rights activists claim that these provisions may be used against young people, marginalised communities, protesters and dissenting voices.

Empowers police to search without warrants

Clause 17 of the bill allows police, on reasonable suspicion of a serious crime, to stop and search individuals and vehicles, enter and search premises without a warrant, make arrests and seize relevant items.

Detention orders up to one year

Clause 21 of the bill introduces a system of detention orders. The Inspector General of Police, or an authorised officer not below the rank of Deputy Inspector General of Police, may apply to the Secretary for an order to detain a suspect for investigation. Each order could authorise detention for up to two months, while the aggregate period under these orders would not exceed one year from the initial order.

Empowers police to hold a suspect up to 72 hours

A suspect arrested under the clause 20(1) of the bill must generally be produced before the nearest Magistrate within 72 hours, excluding the journey periods specified in the legislation. The Magistrate may authorise a further period of police custody not exceeding 24 hours, for recorded reasons, where further investigation requires it. However, under normal law in Sri Lanka (section 37 of the Code of Criminal Procedure Act) the police must produce a suspect arrested without a warrant before a Magistrate within 24 hours of the arrest.

Bail only by High Court

Clause 23 allows a suspect remanded under its provisions to seek bail from the High Court. However, bail for a suspect facing a serious crime punishable by life imprisonment or death would be available only in exceptional circumstances. A suspect could not remain in remand for more than one year without an indictment being preferred, after which the High Court must release the suspect on bail.

Detention during remand custody

Under clause 25 of the Bill, persons already in remand may be transferred back to police custody and held in isolation. Such detention order can be made for a period of two weeks at a time for a cumulative period not exceeding six months.

Publication of matter relating to a serious crime

Clause 14 restricts media publication. According to the clause 14(1) ‘Any person who prints or publishes the name, or any matter which may make known the identity of any person against whom a serious crime under this Act is alleged or found to have been committed (in this section referred to as the “victim”) commits an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a term not exceeding two years or to a fine or to both such imprisonment and fine.

Restrict media reporting on court proceedings

Clause 14(3), publishing material relating to court proceedings concerning such offences without prior court permission would also be an offence.

Digital surveillance and privacy

Clause 28 and 45 provide for digital surveillance, interception and recording of communications, forensic extraction of data from electronic devices, and court-authorised orders requiring encrypted services or equipment to be unlocked. These powers could expose private communications and personal information to investigation.

Confession given to police is admissible

Clause 47 makes confessions to police officers of the rank of Assistant Superintendent and above admissible.

Police empowers to obtain information from service providers without court order

Under clause 44(4), senior police officers may obtain subscriber, call and location data without any court order.

Unlocking data and information

Under clause 45, police may compel the unlocking of encrypted devices if they believe they have reasonable grounds of suspicion against any person in the commission of a serious crime.

Certain statements made to the Magistrate and at the identification parade admissible

Under clause 48, a statement recorded by a Magistrate or recorded by a Magistrate at an identification parade, and made by a person who is dead or who cannot be found, notwithstanding that such person is not present at the trial or cannot be or has not been cross-examined.

 Furthermore, the statements by persons who cannot be cross-examined would also be admissible. Under clause 50, evidence of past conduct and association would be admissible to establish membership of a group.

Instances where provisions of Evidence Ordinance not applicable

Under clause 50, evidence of past conduct and association would be admissible to establish membership of a group.

 The proposed legislation provides for imprisonment of between five and 20 years and a fine of up to Rs.1 million for a person who, as a member of an organised criminal group, agrees with one or more persons to commit a serious crime to obtain a financial or other material benefit.

The Bill defines a serious crime, for its purposes, as an offence punishable by a maximum prison term of four years or more, subject to the conditions set out in the legislation. Its provisions would apply to specified offences committed by members of organised criminal groups, including certain offences committed outside Sri Lanka in circumstances covered by the Bill.