Payment Devices Frauds Act (No. 30 of 2006)

Sri Lanka Consolidated Acts

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Payment Devices Frauds Act (No. 30 of 2006) - Sect 3

Acts amounting to payment devices fraud

(1) Any person who -

	(a) possesses or has in the control or custody of such person without lawful authority, equipment used for the making or altering of payment devices including an embossing, encoding or skimming device ;

	(b) without lawful authority, tampers with any payment device or card making or altering equipment or any equipment used for acceptance or processing of payment devices or implants foreign objects including chips, data or voice recording devices, to record transaction data ;

	(c) uses without lawful authority a phone listening device or other similar device, including any voice or data recording device, for the purpose of capturing authorization data passing through the acquirer's point of sale networks or automated teller machine network ;

	(d) being an employees of an Issuer or its processors or is a service provider, provides any cardholder information or full track data to unauthorised individuals, groups or syndicates without the payment device holder's authority or permission ;

	(e) possesses or has in his control or custody, any unauthorised or counterfeit payment device ;

	(f) makes a fraudulent application for a payment device or a fraudulent merchant application;

	(g) uses, produces or trafficks in one or more unauthorised or counterfeit payment devices ;

	(h) uses an unauthorized payment device or a payment device without obtaining permission therefor from either its, Issuer or holder;

	(i) generates, valid payment device account numbers, using account generating software for the purpose of utilizing such account numbers for committing an offence under this or any other written law ;

(j) furnishes for the purpose of obtaining goods or services, information contained in any payment device by telephone, facsimile, email internet or other mode of telecommunication or by voice or through the postal service, without the authority or permission of the holder of the payment device and induces the person receiving the information to accept the information for the supply of goods or services ;

	(k) makes multiple imprints of a transaction record, sales invoice or similar document, thereby making it appear that the payment device holder has entered into transactions other than those which such payment device holder had lawfully contracted for ;

	(l) knowing that a payment device is unauthorised or counterfeit, accepts such unauthorised or counterfeit payment device as a mode of payment for goods or services ;

	(m) submits without being an affiliated merchant, an order to collect from the Issuer of the payment device, such transaction record, sales invoice or similar document through an affiliated merchant who connives therewith, or under the false pretence of being an affiliated merchant, presents for collection such transaction record, sales invoice or similar document ;

	(n) alters or causes another person to alter, without the payment device holder's authority or permission, any amount or other information appearing on the sales invoice ;

	(o) accepts as a mode of payment, a payment device or information imprinted on the payment device, for the purpose of dishonestly gaining a financial advantage ;

	(p) writes, or causes to be written on sales invoices, approval numbers from the Issuer of the payment device, which is proof of the fact of approval, where in fact no such approval was given, or where, if approval was actually given what is written is deliberately different therefrom;

	(q) has in such person's possession, without authority from the payment device holder or the Issuer, any material such as invoices, carbon paper or any other medium, on which the payment device is written, printed, embossed or otherwise indicated;

	(r) obtains money or goods through the use of a payment device, with intent to defraud ; or

	(s) induces, entices, permits or in any manner allows another person, for consideration or otherwise, to commit or engage in any of the acts specified in the preceding paragraphs of this section,

(2) A person guilty of an offence under this Act shall, on conviction after trial before the High Court-

	(i) in the case of an offence under paragraphs (a), (b). (c), (d), (e), (g), (h), (i), (j) or (r) be liable to a term of imprisonment not exceeding ten years or to a fine not exceeding rupees five hundred thousand or to both such imprisonment and fine;

	(ii) in the case of an offence under paragraphs (k) or (q) be liable to a term of imprisonment not exceeding five years or to a fine not exceeding two hundred thousand rupees or to both such imprisonment and fine;

(iii) in the case of an offence under paragraphs (f), (l), (m), (n), (o) or (p) be liable to a term of imprisonment not exceeding three years or to a fine not exceeding one hundred thousand rupees or to a fine which may extend to five times the value of the money obtained by the commission of the act constituting the offence or the financial advantage gained, consequent to the commission of the act constituting the offence, whichever is higher, or to both such imprisonment and fine;

	(iv) in the case of an offence under paragraph (s) be liable to one and half times the punishment prescribed for the offence which the offender induces, entices, permits or allows another person to commit.

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