Anti-Corruption Act 2023 · As enacted · Part III
114. Additional penalties
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where a court convicts any person for an offence committed by the offer or acceptance of any gratification in contravention of any provision of this Act, then, if that gratification is a sum of money or if the value of that gratification can be assessed, the court shall, in addition to imposing on that person any other punishment, order him to pay as a penalty, within such time as may be specified in the order, a sum which is equal to the amount of that gratification or is, in the opinion of the court, the value of that gratification.
Where the High Court convicts any person for committing an offence under section 109 it shall, in addition to any other penalty that it is required to impose under this Act, impose a fine of not less than the amount which such Court has found, to have been acquired by bribery or by the proceeds of bribery or to have converted to property by bribery, and shall not exceed three times such amount.
A fine or a penalty imposed by a court on any person for the commission of any offence under this Act may be recovered as if the order imposing the fine or the penalty were a decree entered by District Court in favour of the State and against that person, where the fine or penalty exceeds one million rupees and the person charged with such fine or penalty fails to pay such fine or penalty.
Where the person liable to pay the fine or penalty referred to in the preceding provisions of this section was a public official on the date of commission of the offence for which the fine or penalty was imposed, then, notwithstanding anything to the contrary in any other written law, any movable or immovable property acquired after the said date by the spouse of, or a son or daughter maintained by such person shall, in addition to the movable and immovable property of such person, be liable to be seized and sold for the recovery of the amount of such fine or penalty, if the property so acquired–
was purchased by such spouse, son or daughter;
was purchased in the name of such spouse, son or daughter by the person liable to pay such fine or penalty;
was acquired by such spouse, son or daughter by purchase, gift or otherwise from the person who offered the gratification for the acceptance of which the person liable to pay such fine or penalty became so liable; or
was acquired by testate or intestate succession from the person liable to pay such fine or penalty.
Notwithstanding anything to the contrary in any other provision of this Act, where a court convicts a person, the court may, for any offence under this Act, make order that any movable or immovable property found to have been acquired by the commission of such offence or by the proceeds of such offence, be forfeited to the State free from all encumbrances:
Provided however that, in determining whether an order of forfeiture should be made, the court shall be entitled to take into consideration whether such an order is likely to prejudice the rights of a bona fide purchaser for value or any other person who has acquired for value, a bona fide interest in such property.
An order made under subsection (5) shall take effect –
where an appeal has been made to the Court of
Appeal or the Supreme Court against the order of forfeiture, upon the determination of such appeal confirming or upholding the order of forfeiture; or
where no appeal has been preferred to the Court of
Appeal or the Supreme Court against the order of forfeiture, after the expiration of the period within which an appeal may be preferred to the Court of
Appeal or the Supreme Court, against such order.
Where a person is convicted of an offence under this
Chapter of this Part, notwithstanding anything to the contrary in subsections (7) and (8) of section 303 of the Code of
Criminal Procedure Act, No. 15 of 1979, by reason of such conviction or finding-
such person shall become incapable of being-
registered as an elector or of voting at any election for a period of seven years from the date of such conviction or finding under
Parliamentary Elections Act, No. 1 of 1981
and Presidential Elections Act, No. 15 of 1981; or for a period of five years under
Provincial Councils Elections Act, No. 2 of 1988, or the Local Authorities Elections
Ordinance (Chapter 262), or
elected or appointed as a Member of
Parliament or as a member of a local authority or a Provincial Council from the date of such conviction or finding and, if at that date such person has been elected or appointed as a
Member of Parliament or member of a local authority, or of a Provincial Council such person’s election or appointment as such member shall be vacated from that date;
such person shall be disqualified for life from being employed as a public official and from being elected or appointed to a scheduled institution or to the governing body of a scheduled institution;
such person shall, if he is a member of a scheduled institution or of the governing body of a scheduled institution, ceases to be a member of either of such institutions from the date of such conviction or finding; and
such person shall, if he is a public official, ceases to be a public official from the date of such conviction or finding and, notwithstanding anything to the contrary in any other written law, be deemed to have been dismissed on that date by the authority empowered by law to dismiss him.
Part IV
General
Part V