Press briefing of Cabinet Decision taken on 2016-05-17

Amendment to the Penal Code to increase the Minimum Age of Criminal Responsibility

- The Penal Code of Sri Lanka specifies that nothing is an offence which is committed by a child under eight (08) years of age. However, in accordance with international recognition, the minimum age of criminal responsibility varies from the ages twelve (12) to fourteen (14). The psychiatrists and the experts in the related fields hold the view that the above minimum age limit of 08 years, operating in Sri Lanka, is a far too young age to bear the responsibility of a crime. Therefore, the proposal made by Hon. (Dr.) Wijayadasa Rajapaksa, the Minister of Justice, to amend the Penal Code, so as not to impose punishment at the commission of any offence by a child below the age of 12 years and to impose punishment for the respective offence charged in respect of a child above 12 years and below 14 years, only if the Magistrate exercises the discretion that the child has the required degree of cognitive maturity to form the requisite intent to commit such offence, was approved by the Cabinet.