The Judicature (Amendment) Act, No. 8 of 2026 introduces an important change to the criminal jurisdiction of the High Court in Sri Lanka. The amendment updates Section 9(1)(d) of the Judicature Act, No. 2 of 1978, expanding the authority of Sri Lankan courts over offences committed on the high seas.
What Has Changed?
Previously, the High Court mainly had jurisdiction over piracy committed on the high seas. Under the new amendment, the law now clearly states that the High Court can also hear cases involving offences committed at sea under:
- The Poisons, Opium and Dangerous Drugs Ordinance
- The Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, No. 1 of 2008
- Any similar written law dealing with such offences.
Why This Amendment Matters
1. Stronger Fight Against Drug Smuggling
Sri Lanka is strategically located in the Indian Ocean, making it vulnerable to international drug trafficking routes. This amendment gives Sri Lankan courts clear power to prosecute narcotics offences that occur outside territorial waters but involve Sri Lanka or its enforcement agencies.
2. Better Maritime Security
Criminal groups increasingly use the open sea for illegal transport of drugs and other contraband. By expanding High Court jurisdiction, authorities can take quicker legal action against offenders intercepted at sea.
3. Compliance with International Law
The amendment aligns domestic law with global conventions against illicit trafficking. It strengthens Sri Lanka’s ability to cooperate with foreign states and maritime enforcement agencies.
4. Clearer Legal Framework
Before this amendment, legal challenges could arise over whether Sri Lankan courts had jurisdiction for certain crimes committed beyond territorial waters. The new wording reduces ambiguity and strengthens prosecutions.
Possible Practical Impact
- More successful prosecutions against international narcotics networks
- Faster indictment of suspects arrested in maritime operations
- Stronger deterrence for criminal activity in waters near Sri Lanka
- Increased cooperation between Navy, Police Narcotics Bureau, Customs, and prosecutors
Challenges Ahead
While the amendment is positive, enforcement still depends on:
- Effective intelligence gathering
- Evidence collection at sea
- International cooperation
- Speedy court processes
- Proper training for investigators and prosecutors
Conclusion
The Judicature (Amendment) Act, No. 8 of 2026 is a focused but significant legal reform. It modernizes Sri Lanka’s judicial powers to deal with crimes committed on the high seas, especially drug trafficking. Given the country’s geographic location, this amendment could become a key tool in protecting national security and strengthening rule of law.
The Judicature (Amendment) Act, No. 8 of 2026 must be read together with Section 9 of the Judicature Act, No. 2 of 1978, which defines the criminal jurisdiction of the High Court. Prior to the amendment, Section 9(1)(d) limited High Court jurisdiction on the high seas mainly to piracy under the law of nations. The 2026 amendment significantly widens this jurisdiction by expressly including offences committed on the high seas under the Poisons, Opium and Dangerous Drugs Ordinance, the Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, No. 1 of 2008, and related written laws. This legislative change closes a jurisdictional gap in the parent Act, ensuring that serious narcotics offences occurring beyond territorial waters can still be prosecuted before the High Court in Sri Lanka. In practical terms, the amendment modernizes the Judicature Act to meet contemporary transnational crime threats, especially maritime drug trafficking, while reinforcing Sri Lanka’s compliance with international anti-narcotics obligations. It also complements the simultaneous amendments to the Poisons, Opium and Dangerous Drugs law, creating a coordinated legal framework of offence creation and judicial enforcement
Accordingly the latest Poisons, Opium and Dangerous Drugs (Amendment) Act, No. 7 of 2026 is a major legislative reform introduced to strengthen Sri Lanka’s legal response to international narcotics trafficking, particularly offences committed on the high seas. The amendment inserts a new Section 54AA into the principal Ordinance, criminalising the manufacture, possession, and trafficking of dangerous drugs such as heroin, cocaine, morphine, and opium when committed beyond territorial waters on board ships registered in Sri Lanka or stateless vessels. It applies regardless of whether the offender is a Sri Lankan citizen, thereby extending the reach of domestic criminal law to transnational maritime offences. Persons convicted of manufacturing such drugs at sea may face the death penalty or life imprisonment, while trafficking and possession offences attract penalties aligned with the existing statutory schedules. The Act also authorises the forfeiture of stateless ships used in such crimes and amends several procedural sections to integrate the new offence into arrest, bail, trial, and evidentiary provisions. In substance, the 2026 amendment reflects Sri Lanka’s strategic concern over its location in the Indian Ocean narcotics route and aligns domestic law with international efforts to suppress maritime drug smuggling. Together with the contemporaneous Judicature amendment, it creates a complete framework whereby the offence is defined under the drugs law and jurisdiction to prosecute is vested in the High Court
