Cap.

32] VAGRANTS

CHAPTER 32
VAGRANTS
Ordinances AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW
Nos. 4 of 1841,
7 of 1873, RELATING TO VAGRANTS.
7 of 1889,
17 of 1889,
19 of 1889,
12 of 1891,
3 of 1894,
3 of 1904,
21 of 1919,
3 of I930,
51 of 1941,
20 of 1947. [1st January, 1842.]

Short title. 1. This Ordinance may be cited as the Vagrants

Ordinance.

Punishment 2. Every person behaving in a riotous or disorderly

of persons manner in any public street or highway shall be liable
behaving
riotously or to a fine not exceeding five rupees :
disorderly in
the public Provided nevertheless that every person convicted
streets.
four times of such conduct shall, for every subsequent
offence, be punishable in the manner declared in the
following section respecting idle and disorderly persons.

Persons who 3. (1) (a) Every person being able to maintain him-
are deemed self by work or other means, but who shall
idle and
disorderly wilfully refuse or neglect so to do, and shall
persons. wander abroad or place himself in any public
place, street, highway, court, or passage to
beg or gather alms, or cause, or procure, or
encourage any of his family so to do, excepting
priests and pilgrims in performance of their
religious vows, not being mendicants of the
description mentioned in the paragraph (d)
of the next succeeding section ;
(b) every common prostitute wandering in the pub-
lic street or highway, or in any place of public
resort, and behaving in a riotous or indecent
manner;

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 VAGRANTS [Cap. 32

(c) every person wandering abroad or lodging in

any verandah, outhouse, shed, or unoccupied
building, or in any cart, vehicle, or other
receptacle, without leave of the owner thereof,
and not having any visible means of subsist-
ence, and not giving a good account of himself ;
(d) every person, without leave of the owner, defac-
ing the side of any house or building or wall
by fixing any placard or notice, or by any
indecent or insulting writing or drawing
thereon ;
(e) every person who in or upon any wharf, jetty,
street, road, walk, passage, verandah, or other
place situated within any proclaimed area and [§ 2, 51 of 1941.]
used by or accessible to the public, persistently
and without lawful excuse follows, accosts, or
addresses by words or signs any person against
his will and to his annoyance,
shall be deemed an idle and disorderly person within
the true intent and meaning of this Ordinance, and
shall be liable upon the first conviction to be impri-
soned, with or without hard labour, for any term not
exceeding fourteen days, or to a fine not exceeding ten
rupees.
(2) A police officer may arrest without a warrant
every person deemed to be an idle and disorderly
person.
(3) In this section, " proclaimed area " means any [§ 2, 51 of 1941.]
area declared by the Minister by Order published in
the Gazette, to be a proclaimed area for the purposes
of this section.
4. (a) Every person convicted a second time of Who are
being idle and disorderly ; deemed to be
rogues and
(b) every idle and disorderly person resisting any vagabonds.
constable or police officer apprehending him ;
(c) every person wilfully exposing his person in an
indecent manner, or exhibiting any obscene
print, picture, or other indecent exhibition, in
any street, road, highway, or public place or
elsewhere, to the annoyance and disgust of
others ;
(d) every person wandering abroad, or placing him-
self in any public place, street, highway, court,

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Cap. 32] VAGRANTS

or passage, and endeavouring by the exposure

of any wounds, deformities, leprosy, or loath-
some diseases to obtain or gather alms :
(e) every person going about as a gatherer or
collector of alms, or endeavouring to procure
charitable contributions for himself or others,
of any nature or kind, under any false or
fraudulent pretences,
shall be deemed a rogue and vagabond within the true
intent and meaning of this Ordinance, and shall be liable
to be imprisoned with or without hard labour for any
period not exceeding one month, or to a fine not exceed-
ing twenty rupees.

Who are 5. (a) Every person convicted a third time or more

deemed to be often of being idle and disorderly ; or
incorrigible
rogues. (b) a second time or more often of being a rogue and
vagabond ; and
(c) every person escaping out of any place of legal
confinement before the expiration of the term
for which he shall have been committed under
this Ordinance,
shall be deemed to be an incorrigible rogue within the
true intent and meaning of this Ordinance, and shall
be liable to imprisonment at hard labour for any period
not exceeding four months, and to corporal punishment
not exceeding twenty-four lashes.

Incorrigible 6. Every person convicted as an incorrigible rogue

rogue may be may, in addition to any punishment imposed by the
required to
give security preceding section be required also to give security for
for future his good behaviour for one year after his discharge, and
good
behaviour. in default of such security shall be liable to additional
imprisonment at hard labour not exceeding four
months.
Soliciting and 7. (1) The following persons, that is to say—
acts of
indecency in (a) any person in or about any public place soliciting
public places.
any person for the purpose of the commission
of any act of illicit sexual intercourse or
indecency, whether with the person soliciting
or with any other person, whether specified or
not;
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 VAGRANTS [Cap. 32

(b) any person found committing any act of gross

indecency, or found behaving with gross
indecency, in or about any public place ;
(c) any person found—
(i) in any public enclosure contrary to any
local by-laws or regulations prescribing
the use of such enclosures ; or
(ii) in any enclosure belonging to the State ,
without the permission of the person in
charge thereof; or
(iii) within any private enclosure attached to
any dwelling house, except upon the
invitation of any inmate of the premises,
under such circumstances that it is reasonable
to infer that he is there present for immoral
purposes, unless he is able to explain his
presence to the satisfaction of the court by
which he is tried,

shall be guilty of an offence, and shall be liable on

summary conviction to imprisonment of either descrip-
tion for a period not exceeding six months, or to a fine
not exceeding one hundred rupees, or to both.
(2) In any case in which any person who has been
convicted of an offence under paragraph (a) of the last
preceding subsection shall subsequently be convicted
of another such offence, he shall, if a male, in addition
to any other punishment to which he may be sentenced
by the court, be liable, at the discretion of the court to
be whipped.

8. In any case in which the offender against any of Female

offender may
the provisions, whether of the last preceding section or be committed
any other preceding section of this Ordinance, is a to house of
female, the court may in its discretion direct, both in detention.
respect of any imprisonment to which she may be
sentenced in the first instance and in respect of any
imprisonment to which she may be sentenced in default
of payment of a fine, that, instead of being imprisoned
in one of the regular prisons of Sri Lanka, she shall be
committed to any house of detention established under
the Houses of Detention Ordinance, and there detained

153
Cap. 32] VAGRANTS

until the expiration of her sentence, and sections 5 and

6 of the said Ordinance shall apply to every such person
so detained.

Punishment 9. (1) Any person who—

of certain
classes of (a) knowingly lives wholly or in part on the earnings
incorrigible
rogues. of prostitution;
(b) systematically procures persons for the purpose
of illicit or unnatural intercourse,
shall be deemed to be an incorrigible rogue within the
true intent and meaning of this Ordinance, and shall
be liable—
(i) on summary conviction to imprisonment of
either description for a period not exceeding six
months, or to a fine not exceeding one hundred
rupees, or to both ; or
(ii) on conviction on indictment to imprisonment of
either description for a period not exceeding
two years, and if a male, in addition to any such
imprisonment, if the court in its discretion
directs, to be whipped.

(2) Every male person who is proved to live with, or

to be habitually in the company of, a prostitute, and
every person, whether male or female, who is proved
to have exercised control, direction, or influence over
the movements of a prostitute in such a manner as to
show that he or she is aiding, abetting, or compelling
the prostitution of such person with any other person
or generally, shall, unless the court is satisfied by
evidence to the contrary, be deemed to be knowingly
living on the earnings of prostitution.

Detention of 10. (1) In the following cases, that is to say:—

youthful bad
characters. (a) where any person being a male between the ages
of twelve and twenty-one has been convicted
by a Magistrate of any offence under sections
3 (1) (e), 7, or 9;
(b) where a Magistrate is satisfied that any person
within the local limits of his jurisdiction, being
a male between the ages aforesaid, is found
habitually wandering about the streets and

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 VAGRANTS [Cap. 32

accosting persons therein, or in the company

of disorderly or immoral persons or of reputed
criminals, and that such person has no regular
occupation, or no other occupation than that
of professing to render casual services to
persons requiring them,
it shall be lawful to the Magistrate, after due inquiry
into the antecedents, connections, and habits of such
person, if he is satisfied that the offender is addicted
to unnatural vice, or is otherwise of corrupt or immoral
habits, either—
(i) to require such person to execute a bond, with or
without sureties, to the satisfaction of the
Magistrate, to be of good behaviour for a period
not exceeding twelve months, and subject to
such conditions as the Magistrate may deter-
mine, and in default thereof, to commit such
person to prison for a period not exceeding six
months, there to be detained and employed at
such productive labour as may be prescribed by
prison rules ; or
(ii) if after due inquiry into all the circumstances of
the case, the Magistrate is satisfied that the
offender is a person who ought not to be
allowed the option of giving security for good
behaviour, or that he can be more appropriately
and beneficially dealt with in manner herein-
after provided, to commit such person, if he is
under sixteen years of age, to an approved
school within the meaning of the Children
and Young Persons Ordinance, or if he is
over that age, to any institution estab-
lished by law for the reclamation and indus-
trial training of juvenile offenders, there to be
detained for a period of not less than three
years.
(2) If any such person is not already in custody, the
Magistrate may enforce his attendance either by
summons or warrant, as he may think fit.
(3) The Magistrate may direct the detention of any
person so brought before him for the purpose of neces-
sary inquiries, and may, if he shall so think fit direct
a medical examination of such person.

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Cap. 32] VAGRANTS

(4) The Magistrate may at any time direct any person

committed to prison under this section in default of finding
satisfactory sureties to be released from prison on such sureties
being forthcoming.

(5) The Minister may at any time direct that any person
committed to an approved or certified school shall be transferred
to any institution established by law for the reclamation and
industrial training of juvenile offenders, or direct the release of
any person detained either in such school or institution.

(6) When a Magistrate makes an order under subsection (1)

(ii) of this section, the proceedings shall be submitted to the
Court of Appeal, and the order shall not be executed unless it is
confirmed by a Judge of the Court of Appeal.

(7) If, when such proceedings are submitted, the Court of

Appeal thinks that a further inquiry should be made, or additional
evidence taken upon any point, he may make such inquiry or
take such evidence himself, or direct it to be taken by the
Magistrate. Unless the Court of Appeal otherwise directs, the
presence of the convicted persons may be dispensed with when
such inquiry is made, or such evidence is taken.

(8) When the inquiry and the evidence, if any, are not made
and taken by the Court of Appeal, the result of such inquiry and
the evidence shall be certified to such Court of Appeal.
(9) In any case so submitted to the Court of Appeal, the
Court-

(a) may confirm the sentence, or pass any other sentence

justified by law; or

(b) may allow the conviction and convict the accused of any
offence of which the Magistrate might have convicted
him, or order a new trial on any other charge or on an
amended charge; or

(c) may acquit the accused person:

Provided that no order of confirmation shall be made under

this section until the period allowed for preferring an appeal has
expired, or if an appeal is presented within such period, until
such appeal is disposed of.

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 VAGRANTS [Cap. 32
(10) This section shall apply only within such defined
areas as shall be specially appointed by the Minister by Order
published in the Gazette.

11. (1) Every person, having the custody, charge, or care Causing, &c.,
of a girl, who causes or encourages the seduction or prostitution the seduction or
prostitution or
or unlawful carnal knowledge of the said girl, shall be guilty of unlawful carnal
an offence and shall be liable on summary conviction thereof to knowledge of a
a fine not exceeding one hundred rupees, or to imprisonment of girl.
either description for any term not exceeding six months or to
both such fine and imprisonment.

(2) Without prejudice to the generality of subsection (1), a

person shall, for the purposes of this section, be deemed to have
caused or encouraged the seduction or prostitution or unlawful
carnal knowledge (as the case may be) of a girl who has been
seduced or become a prostitute or been unlawfully carnally
known, if he has knowingly allowed the girl to associate with,
or to enter or continue in the employment of, any prostitute or
person of known immoral character.

(3) No person shall be liable to conviction under this

section who as parent or guardian has given his consent to a girl
living with any man as his wife.

12. (1) Where it is shown to the satisfaction of a Security by

Magistrate on the complaint of any peace officer at the instance parent or
guardian of
of any probation officer that any girl is with the knowledge of girl.
her parent or guardian exposed to the risk of seduction or
prostitution, or of being unlawfully carnally known, or is living
a life of prostitution, the Magistrate may require the parent or
guardian of such girl to show cause why he should not be
ordered to execute a bond with or without sureties for the
exercise of due care and supervision in respect of the girl.

(2) For the purposes of this section, a Magistrate shall

have all the powers which are conferred on a Magistrate
by sections 84 to 92, both inclusive, 93, and 94 of the
Code of Criminal Procedure Act, No. 15 of 1979, in relation to

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Cap. 32] VAGRANTS

securities for keeping the peace and for good

behaviour and those sections shall apply, mutatis
mutandis, to bonds executed or ordered to be executed
under this section.
(3) Imprisonment for f a i l u r e to execute a bond on
the order of a Magistrate under this section shall be
simple.
(4) No person shall be liable to execute a bond under
the provisions of this section who as parent or guardian
has given his consent to a girl living with any man as
his wife.
(5) Where any girl, in respect of whom any person
has been ordered to execute a bond under this section
is removed for any period from the custody, care, or
charge of such person under sections 13, 14, or 17, no
action shall be taken to enforce the bond during the
period of such removal, and if at any time thereafter
the girl shall be restored to the custody, care, or charge
of such person, the said bond shall remain of full force
and effect.

Detention of 13. (1) Any peace officer may, on the complaint of a

girl in place probation officer, remove to a place of safety to be
of safety.
selected by such probation officer any girl in respect
of whom an offence under section 11 has been, or is
reasonably believed by him to have been, committed.
(2) Any girl so removed to a place of safety may be
there detained for a period not exceeding seven days,
unless before the expiry of that time it has been
decided that no charge will be made in respect of the
said offence, in which case the girl shall be released
on such decision being reached, but otherwise she shall
be brought before a Magistrate before the expiry of
the said seven days and may be detained in the said
place of safety until the Magistrate has made an order
in relation to the girl under the next subsection.
(3) (a) Where it appears to a Magistrate that an
offence has been committed under section 11 in respect
of any girl who is brought before him and that it is
expedient in the interests of the girl that an order
should be made for her care and detention, he may,
without prejudice to any other power, make such order

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 VAGRANTS [Cap. 32

as the circumstances may require for the care and

detention of the girl until a charge has been made
against some person in respect of the offence ;
(b) If any such charge is made against any person,
the order may be extended until the charge has been
determined by the conviction or discharge of the person
charged, and
(i) in the case of his conviction, it may be further
extended for a period not exceeding twenty-one
days as the convicting Magistrate may direct;
and
(ii) in the case of his discharge, it shall be forthwith
void except with regard to anything lawfully
done thereunder.

(c) Any such order as is mentioned in subsections

(2), (3) (a), or (3) (b) may be carried out
notwithstanding that any person claims the custody
of the girl.

14. (1) When any person having the custody, charge, Disposal of
girl by order
or care of any girl has been— of court.

(a) convicted of an offence under section 11 in

respect of the girl ; or
(b) ordered to execute a bond in respect of the girl
under section 12,

by a Magistrate, the Magistrate may, in his discretion,

order that the girl be taken out of the custody, care,
or charge of the person so convicted or bound over,
and be delivered into the custody of a relative of the
girl or some other fit person or society, approved and
named by the Magistrate, until she attains the age of
sixteen years or for any shorter period.
(2) Before any such order is made, the consent and
ability of such relative or other person or society to
undertake such custody shall be proved to the satisfac-
tion of the Magistrate.
(3) Any such order may be from time to time
renewed, varied, or revoked by the Magistrate who

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Cap. 32] VAGRANTS

made the same, or by any other Magistrate within

whose jurisdiction the girl resides, either of his own
motion or on the application of any person.
(4) If the girl has a parent or legal guardian, no
order shall be made under this section unless the parent
or legal guardian—
(a) has been convicted of the offence ; or
(b) is proved to the satisfaction of the Magistrate
making the order to have been party or privy
to the offence ; or
(c) has been ordered to execute a bond in respect of
the girl under section 12; or
(d) cannot be found.

(5) Every order under this section shall be in

writing, and may be made in the absence of the girl.
(6) The Minister may at any time discharge any girl
from the custody of any person or society into whose
custody she has been delivered under this section either
absolutely or on such conditions as he may approve.
(7) It shall be lawful for the Minister to make rules
in relation to girls delivered into the custody of any
person or society under this section, and to the maint-
enance of such girls, and to the duties of such persons
or societies with respect to such girls.

(8) All rules made under this Ordinance shall be laid,

as soon as conveniently may be, on the table of Parliament
at two successive meetings of Parliament and shall be brought
before Parliament at the next subsequent meeting held
thereafter by a motion that the said rules shall not be
disapproved, and if upon the introduction of any such motion,
or upon any a d j o u r n m e n t thereof, the said rules are
disapproved by Parliament such rules shall be deemed to be
rescinded as from the date of yuch disapproval, but without
prejudice to anything already done thereunder ; and such
rules, if not so disapproved, shall continue to be of full
force and effect. Every such disapproval shall be published
in the Gazette.

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 VAGRANTS [Cap. 32

15. (1) Any person or society into whose custody a Control and
maintenance
girl is delivered by order under section 14 shall, whilst of girl
the order is in force, have the like control over the delivered
into custod y
girl as if such person or society were the parent of the of any
girl, and shall be responsible for the maintenance of person or
society by
the girl, who shall continue to be in custody of such order of
person or society notwithstanding that she is claimed court.
by her parent or any other person-
(2) Every person who—
(a) knowingly assists or induces, directly or
indirectly, any girl to escape from the person or
society into whose custody she has been so
delivered ; or
(b) knowingly harbours, conceals, or prevents from
returning to such person or society, any girl
who has so escaped, or knowingly assists any
such harbouring, concealment, or prevention,

shall on summary conviction thereof be liable to a fine

not exceeding one hundred rupees, or to imprisonment
of either description for any term not exceeding three
months.
(3) On the complaint or application of the person or
society into whose custody any girl has been delivered
by order under section 14, the Magistrate making the
order of delivery may make a further order on the
parent or other person liable to maintain the girl to
contribute any specified sum not exceeding fifteen
rupees a month for that purpose, and to pay the same
in such manner as the Magistrate may direct to the
person or society into whose custody the girl is
delivered,
(4) Every such order of maintenance shall be in
writing and shall be enforceable in like manner as if the
girl had been ordered to be sent to an approved or certi-
fied school under the Children and Young Persons
Ordinance, and also by a further order for the attach-
ment and payment to the person named by the Magis-
trate of any pension or income due to the parent or
other person liable to maintain the girl, including any
pension or income due to him from the State Such
further order shall be a full authority to the person

161
 Cap.32] VAGRANTS
by whom such pension or other income is payable to make the
payment ordered, and the receipt of the person to whom the
payment is ordered to be made shall be a good discharge to
such first-mentioned person.

Offences to be 16. Offences under sections 11 and 15 of this Ordinance

non-cognizable shall be deemed non-cognizable and bailable within the
and bailable.
meaning of the Code of Criminal Procedure Act, No. 15 of 1979.

Search warrant. 17. (1) If it appears to a Magistrate on information on

oath laid by any probation officer that there is reasonable cause
to suspect that an offence has been or is being committed in
respect of any girl, he may issue a warrant authorizing all or any
peace officers to search for such girl, and if it is found that an
offence has been or is being committed in respect of her, to take
her to and detain her for a period not exceeding seven days in a
place of safety selected by the said probation officer and named
in the warrant until she can be brought before a Magistrate.

(2) Any peace officer authorized by warrant under this

section to search for any girl may enter (if need be by force) any
house, building, or other place specified in the warrant and may
remove the girl therefrom.

(3) It shall not be necessary in any information or warrant

under this section to specify the name of the girl.

Sanction of 18. No prosecution shall be instituted for an offence against

Attorney- section 11, and no complaint shall be made under section 12,
Gene ral for
prosecution, &c.
without the sanction of the Attorney-General in writing,

Protection of 19. No proceedings civil or criminal shall be instituted

peace officers against any peace officer or probation officer for any act bona
and probation
officers.
fide done or omitted to be done in pursuance of any of the
powers or duties conferred or imposed upon him by this
Ordinance.

Officers 20. In case any principal or other grama niladhari,

neglecting their constable, or other peace officer aforesaid shall neglect his
duty.
duty in anything required of him by this Ordinance, he shall
be liable for every such offence to a fine not exceeding

162
 VAGRANTS [Cap. 32

fifty rupees, or to imprisonment not exceeding two

calendar months, with or without hard labour, at the
discretion of the court.
21. In case any person shall hinder, disturb, or molest Persons
any principal or other grama niladari, constable, or other obstructing
officers.
peace officer in the execution of this Ordinance, or shall
be aiding, abetting, or assisting therein, or shall know-
ingly conceal or harbour, or knowingly attempt, aid,
abet, or assist in harbouring or concealing any rogue and
vagabond, and shall be thereof convicted, every such
offender shall, for every such offence, be liable to a
fine not exceeding thirty rupees, or to imprisonment
with or without hard labour for any period not
exceeding four months ; and
every person who shall knowingly conceal or harbour,
or knowingly attempt, aid, abet, or assist in harbouring
or concealing any incorrigible rogue, shall be liable to a
fine not exceeding fifty rupees or to imprisonment for
any period not exceeding six months with or without
hard labour.

22. All fines or penalties imposed by this Ordinance Fines to be

levied by
shall, on failure of immediate payment, be levied by distress.
summary warrant of distress and sale of the goods,
property, and effects of the offender, and in default of
payment every such offender shall be imprisoned at
hard labour for the space of one month for every ten
rupees of such fine which shall remain unsatisfied, and
in like proportion for every lesser sum, provided that
such imprisonment on any one conviction shall never
exceed the term of twelve months ; and it shall also
be lawful for any court before whom any such offender
may be convicted to order, at its discretion, the whole
or any part of such fine or penalty, when recovered, to
be paid over or applied to the use and benefit of the Informer's
persons who shall first have given information against share.
or been active in the apprehending of such offender,
or shall appear otherwise deserving of reward in the
matter.

23. No prosecution shall be instituted against any No prosecu-

tion to be
person for offences under sections 2, 3, 4, 5, 6, 20, and 21 instituted
of this Ordinance after the expiration of one calendar after one
month next subsequent to the date of the offence. month.

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Cap. 32] VAGRANTS

Sworn statement 24. (1) A sworn statement made by a person about to

by person leave Sri Lanka before—
leaving
Sri Lanka. (a) a Justice of the Peace ; or
[§ 3,51 of l941.]
(b) any police officer not below the rank of a sub-
inspector ; or
(c) the customs officer for the time being in charge of
the Colombo passenger jetty, not being below
the rank of a charges officer,
taken in the presence of the person accused under such
circumstances that he has a full opportunity of asking
questions of the person making the statement, and
signed by such person, may, if the person making the
statement has left Sri Lanka, be given in evidence against
the person accused on any charge under section 3
(l) (e).
(2) It shall be the duty of the Justice of the Peace or
other person before whom any such statement is made,
before tendering it for the signature of the person
making it, to read it over to such person in the presence
of the accused, and to explain the statement to the
accused, and upon it being signed by the person making
it, to certify that the requirements of this section h a v e
been complied with.
(3) A statement produced in court and purporting to
be certified under this section shall be prima facie
evidence of the facts therein stated ; but the court may
require the attendance of any person present when such
statement was taken, for the purpose of examination
with respect thereto.

Interpretation. 25. In this Ordinance, unless the context otherwise

requires—
(a) " girl" means a girl under the age of sixteen
years;
(b) " guardian ", in relation to a girl, includes any
person who, in the opinion of the court having
cognizance of any case or matter relating to the
girl, has for the time being charge of or control
over the girl ;

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 VAGRANTS [Cap. 32

(c) "legal guardian", in relation to a girl, means a person

appointed according to law to be her guardian by deed
or will or by order of a court of competent jurisdiction;

(d) "peace officer" includes police officers and grama

niladharies appointed by a *Divisional Secretary of the
Divisional Secretary's Division in writing to perform
police duties;

(e) "place of safety" means any hospital, institute, house,

home, or other suitable place, the occupier of which is
in the opinion of the probation officer after due inquiry
a person of respectable character, and is willing to
receive a girl temporarily;

(f) "probation officer" means any person appointed to be a [§ 2, 20 of 1947.]

probation officer under the provisions of the Probation
of Offenders Ordinance.

* See section 4 of the Transfer of Powers (Divisional Secretaries) Act. No. 58

of 1992.

165