Controversial clauses in the Organized Crime Prevention Bill

A serious discussion is currently ongoing in society that the "Prevention of Organized Crime Bill," which is soon to be introduced into Sri Lanka's legal framework, is not merely limited to suppressing crime. This proposed series of laws, published as a Gazette Extraordinary on October 6, 2026, facilitates the exchange of information and expansion of investigations with foreign security agencies to combat cross-border organized crimes such as drug trafficking, money laundering, and human trafficking.

However, the Daily Mirror newspaper points out that the controversial clauses contained in this bill are likely to lead to significant public debate.

Specifically, allegations are being raised that this creates an environment where a person can be punished more for their "association" than for committing a crime. According to Section 4(2) of the Bill, when determining if a person is a member of an organized crime gang, the court may consider their clothing, demeanor, associates, and places they frequent. Human rights activists point out that under these circumstances, there is a risk that young people, marginalized communities, protesters, and anti-government opinion holders could become victims of this law.

The proposed new laws grant special powers to the police, significantly altering the existing ordinary law regarding the arrest and detention of suspects. Through Section 17, the police are empowered to stop and search any person or vehicle without a warrant on suspicion of a serious crime, and to enter and search premises including homes, make arrests, and seize goods. While ordinary law under Section 7 of the Penal Code requires a suspect arrested without a warrant to be produced before a magistrate within 24 hours, Section 20(1) of the new Bill extends this period to 72 hours, excluding travel time. If further investigations are required, the magistrate is empowered to allow the suspect to be held in police custody for an additional 24 hours based on documented reasons.

Detention orders and bail conditions under this Bill have also been made extremely stringent. According to Section 21, upon a request from the Inspector General of Police or an authorized officer not below the rank of Deputy Inspector General for investigative purposes, the Secretary may order the detention of a suspect for up to two months at a time, for a period not exceeding one year from the initial order. Furthermore, Section 25 provides for persons in remand to be taken back into police custody and kept separately, for a maximum period of six months, two weeks at a time. If a suspect is remanded under this Bill, bail can only be sought from the High Court. While bail for offenses punishable by death or life imprisonment is granted only under very exceptional circumstances, no one can be held in remand for more than one year without an indictment, after which they must be released on bail by the High Court.

The Bill also adopts a strict approach regarding privacy and digital surveillance. Sections 28 and 45 facilitate obtaining court orders to intercept communications, record them, and access data from electronic devices. Going beyond that, Section 44(4) allows senior police officers to obtain data and location information of phone and internet users without any court order. If there is reasonable suspicion, the police also have the power to order the unlocking of password-protected devices.

The impact on court reporting and media freedom is also prominent here. According to Section 14(1), anyone who publishes the name or information revealing the privacy of a victim of a serious crime shall be considered an offender. After a summary trial before a magistrate, a sentence not exceeding two years imprisonment or a fine, or both, may be imposed. Furthermore, publishing information about court proceedings related to such offenses without prior court permission is also made an offense under Section 14(3).

Overriding the traditional frameworks of the Evidence Ordinance, Section 47 of this Bill states that confessions made before an Assistant Superintendent of Police or a higher-ranking officer are admissible as evidence. Section 50 indicates that a person's past behavior and associations can be used as evidence to confirm membership in a gang, and Section 48 allows a statement recorded by a magistrate or during an identification parade to be accepted as evidence even if the person concerned is deceased or cannot be found, or is not present at the trial and cannot be cross-examined.

These laws apply to offenses punishable by a maximum of 4 years imprisonment or more, and also extend to certain offenses committed outside Sri Lanka. Anyone who agrees with one or more persons to commit a serious crime for some advantage as a member of a gang may be sentenced to 5 to 20 years imprisonment and a fine of up to one million rupees. This new Bill, introduced with the aim of dismantling organized crime networks, has already generated widespread discussion within society and the legal field in the country due to the special powers it contains.