Colombo, September 23, 2026 – In a significant legislative development, Sri Lanka has gazetted a comprehensive new Anti-Terrorism Bill, officially titled “70/2026 — Protection of the State from Terrorism.” The gazette notification, issued on September 22, 2026, by the Minister of Justice and National Integration, marks a pivotal step towards repealing the controversial Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA), a law that has drawn decades of criticism from local and international human rights organisations.
The proposed legislation aims to provide robust protection for the national security and people of Sri Lanka from acts of terrorism, associated offences, and the use of Sri Lankan territory for preparatory acts of terrorism abroad. Crucially, it seeks to align Sri Lanka’s counter-terrorism framework with international norms and standards, while incorporating enhanced safeguards for fundamental rights.
Redefining Terrorism with Clear Exclusions
A core element of the new Bill is its precise definition of an “offence of terrorism.” Section 3(1) stipulates that any person who intentionally or knowingly commits acts causing specific grave consequences (e.g., death, grievous hurt, serious damage to public infrastructure, environmental harm, cyber-attacks), with the purpose of provoking terror or unduly compelling a government or international organisation for a political or ideological objective, commits terrorism.
Significantly, the Bill explicitly addresses concerns regarding the broad interpretation of terrorism under the PTA. Section 3(4) clarifies that engaging in:
- Protest, advocacy, dissent, or industrial action (strike, lockout).
- Humanitarian and medical activities by humanitarian organisations in accordance with written law.
…is not by itself a sufficient basis for inferring an intention to commit or cause an act of terrorism. This provision is expected to be a major point of relief for civil society and rights advocates.
Enhanced Safeguards for Suspects and Judicial Oversight
The new Bill introduces several mechanisms designed to protect the rights of individuals suspected of terrorism-related offences, contrasting sharply with criticisms levelled against the PTA’s provisions. Key safeguards include:
- Magistrate Oversight: Suspects must be produced before a Magistrate within 48 hours of arrest. The Magistrate will personally assess the suspect’s well-being and record any statements.
- Detention Orders (DO): While the Secretary to the Ministry of Defence can issue a DO for detention (up to two months at a time, maximum one year cumulative), extensions beyond two months require the explicit approval of the High Court. Suspects under DO must be produced before a Magistrate every fourteen days.
- Independent Review Committee: An Independent Review Committee, comprising a retired Supreme Court or Court of Appeal Judge as Chairperson and two experts in law, human rights, public administration, or national security, will review Detention Orders. Aggrieved persons can apply for review of the necessity, legality, and proportionality of the DO.
- Human Rights Commission Access: The Human Rights Commission of Sri Lanka (HRC) must be notified of arrests and detentions and is granted prompt and unimpeded access to approved places of detention, including the right to interview suspects and inspect records.
- Medical Examinations: Magistrates are empowered to direct medical examinations by a Judicial Medical Officer if there is reasonable suspicion of torture or cruel, inhuman, or degrading treatment, and to order a change of detention place if such allegations are substantiated.
- Right to Counsel: Suspects are guaranteed access to an Attorney-at-Law and communication with relatives.
- Audio-Visual Recording: Interviews conducted by police officers under the Act must be audio-visually recorded, with strict protocols for exceptions due to technical failure. Statements obtained in violation are subject to heightened judicial scrutiny.
New Avenues for Deferment and Suspension of Prosecution
A novel feature of the Bill is the inclusion of provisions allowing the Attorney General to defer the institution of criminal proceedings or suspend prosecution. These measures can be applied for a period not exceeding twenty years, provided that:
- Death or grievous hurt has not been caused.
- The security of the State or people has not been seriously compromised.
Such deferment or suspension requires a prior consensual agreement between the Attorney General and the suspect, sanctioned by the High Court. Conditions may include public expression of remorse, reparation to victims, participation in rehabilitation programmes, or engagement in community service. Crucially, these conditions cannot amount to disproportionate punishment, require an admission of guilt, or infringe upon the presumption of innocence.
Powers of Proscription, Restriction, and Investigation
The Bill outlines the President’s power to proscribe organisations engaged in terrorism, and Magistrates’ authority to issue Restriction Orders on individuals posing a credible and serious risk of committing terrorism offences. These Restriction Orders, valid for up to three months, impose limited, proportionate conditions and are subject to judicial review.
Furthermore, the Bill grants powers to police, armed forces, and coast guard officers for search, arrest, and investigation. It also enables joint investigations with other national and foreign investigative authorities, and permits investigations outside Sri Lanka with prior foreign country approval.
A Step Towards International Compliance
The enactment of this Bill will repeal the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, fulfilling a long-standing commitment by the Sri Lankan government to replace the widely criticised PTA. The new legislation, which also includes provisions for a central database of arrest and detention information and applies the Children’s Ordinance to child offenders, seeks to balance the imperative of national security with the fundamental rights and freedoms guaranteed under the Constitution and international human rights instruments.
The Bill is currently awaiting parliamentary approval to become law. Its passage would mark a significant shift in Sri Lanka’s legal landscape concerning counter-terrorism, aiming for a framework that is both effective in combating threats and respectful of human rights.
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