Overview
Sri Lanka does not have any HIV-specific laws, however there are general criminal provisions in the Penal Code which may be applicable to HIV ‘exposure’ and transmission.
Sections 262 and 263 make it an offence to negligently or maliciously do any act ‘likely to spread infection of any disease dangerous to life’. Although the diseases included are not stipulated, it is possible that this provision could be applied to cases of alleged HIV ‘exposure’. The penalties provided are up to six months’ and up to two years’ imprisonment, and/or a fine, respectively.
Additionally, section 310 of the Penal Code define ‘hurt’ to include causing disease, which may open up harm provisions to cases of HIV transmission.
HJN is not aware of any reported HIV criminalisation cases to date.
Laws
Penal Code
Section 262. Negligent act likely to spread infection of any disease dangerous to life
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be published with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Section 263. Malicious act likely to spread infection of any disease dangerous to life
Whoever maliciously does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be published with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Penal Code
Section 310. Cause hurt
Whoever causes bodily pain, disease, or infirmity to any person is said to cause hurt.
Acknowledgements
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.
