⚠️ BASL Warns New Crime Bill Places Severe Legal Burden on Corporate Directors
The Bar Association of Sri Lanka (BASL) has raised strong concerns over the proposed Prevention of Organised Crimes Bill (OCB) and the Protection of the State from Terrorism Bill (PSTA), warning of heavy liabilities for corporate leadership and expanded executive powers. • Corporate & Board Liability Under the OCB, company directors must prove on a balance of probabilities that an corporate offence occurred without their knowledge or that due diligence was exercised. The law classifies copyright, trademark infringement, excise, and forest violations as "serious crimes" when linked to group actions. • Judicial Overreach & Detention Powers The BASL warned that the Bill bypasses judicial oversight, allowing detention for up to 1 year on a Ministry Secretary's order with bail restricted to the High Court. It also removes standard protections regarding police confessions, eroding the presumption of innocence. • Terrorism Bill Discrepancies The gazetted PSTA significantly deviates from the draft approved by the review committee, without prior notice to members. The BASL has filed a Special Determination Application in the Supreme Court and called for the immediate withdrawal of both Bills.