The government has introduced a new Protection of the State from Terrorism Bill aimed at replacing the existing Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, with expanded provisions that include cyberattacks, environmental damage, and harm to public property as acts of terrorism. The revised legislation was officially gazetted on September 22 following Cabinet approval in August and subsequent clearance by the Attorney General’s Department.
The new bill broadens the definition of terrorism to encompass actions that cause serious damage to public or private infrastructure, transportation systems, cultural property, and the environment, as well as threats to public health. Notably, it classifies attacks on the state’s digital and cyber infrastructure within state-assigned domains as terrorist acts. This marks a significant expansion from the previous law, which was criticized by civil society groups and international organizations for vague language that could potentially be exploited.
Under the proposed bill, the armed forces, including the Tri Forces and the Coast Guard, are granted authority to arrest individuals suspected of terrorism-related offenses and to seize materials. Those arrested must be presented before a Magistrate within 48 hours. Magistrates have the power to issue Detention Orders (DO) for up to two months after an initial review, while the Defence Ministry Secretary can also issue DOs. If such an order is not granted, magistrates may remand suspects.
The bill includes safeguards against mistreatment of detainees, allowing magistrates to order medical examinations or transfer detainees if there are concerns about torture or inhumane treatment. Additionally, an Independent Review Committee will be established to evaluate the necessity and legality of Detention Orders within 30 days of a request.
Penalties under the legislation are severe, with convictions for terrorism potentially resulting in the death penalty. Other related offenses carry prison terms of up to 20 years and fines reaching Rs. 20 million. The bill also criminalizes planning, conspiracy, recruitment, funding, training, logistical support, and participation in proscribed organizations, with maximum penalties of 15 years imprisonment and fines up to Rs. 15 million. Offenses such as harboring suspects, withholding information, and distributing materials that encourage terrorism are also punishable.
The bill gives the President the authority to proscribe organizations believed to be engaged in terrorist activities. It tasks the Inspector-General of Police (IGP) to maintain a central database tracking each person’s arrest, detention, remand, bail, prosecution, conviction, and related proceedings under the law.
Furthermore, the legislation permits law enforcement with the IGP’s authorization and approval from the relevant foreign state to conduct investigations beyond national borders. It allows for joint investigations with foreign agencies or international organizations established by foreign governments, emphasizing a cooperative approach to combating terrorism internationally.
The proposed bill reflects the government’s effort to modernize counterterrorism measures and extend their scope to contemporary threats, while incorporating oversight mechanisms designed to mitigate concerns over potential abuses under the previous legislation.