Anti-Corruption Act 2023 · As enacted · Part III
118. Contempt
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
Every offence of contempt committed against or in disrespect of, the authority of the Commission shall be punishable by the Supreme Court as though it were an offence of contempt committed against, or in disrespect of the authority of such court, and the Supreme Court is hereby vested with jurisdiction to try every such offence.
An act done or omitted to be done in relation to the
Commission, whether in the presence of the Commission or otherwise, shall constitute an offence of contempt against, or in disrespect of the authority of the Commission, if such act would, if done or omitted to be done in relation to the Supreme
Court, have constituted an offence of contempt against or in disrespect of the authority of such court.
If any person-
fails to appear before the Commission without a cause reasonable enough in the opinion of the
Commission, at the time and place mentioned in a summon served under this Act;
refuses to be sworn or affirmed or, having been duly sworn or affirmed, refuses or fails without a cause reasonable enough in the opinion of the Commission, to answer any question put to such person touching the matters being investigated by the Commission;
refuses or fails without a cause reasonable enough in the opinion of the Commission, to comply with the requirements of a notice or written order issued or made to such person by the Commission; or
upon whom a summons is served under this Act, refuses or fails without a cause reasonable enough in the opinion of the Commission, to produce and show to the Commission any document or other thing which is in such person’s possession or control and which is in the opinion of the Commission necessary for arriving at the truth of the matters being investigated, such person commits the offence of contempt against or in disrespect of the authority of the Commission.
For the purposes of this section, it shall not be deemed to be a reasonable cause for a person to refuse or fail to answer any question or to produce and show any document or other thing on the ground that the matter being investigated by the
Commission is the same or substantially the same matter which is the subject of, or is likely to be the subject of an inquiry in any proceeding in any court or on the ground that the answer to such question or the production or showing of such document or other thing may directly or indirectly affect, or cause prejudice to such person in any other proceedings.
Where a Commission determines that a person has committed any offence of contempt under subsection (2) or subsection (3) against or in disrespect of its authority, the
Commission may cause the Director-General to transmit to the Supreme Court, a certificate setting out such determination, which certificate shall be signed by the
Chairman of the Commission.
In any proceeding for the punishment for an offence of contempt which the Supreme Court may think fit to take cognizance of as provided in this section, any document purporting to be a certificate signed and transmitted to the court under subsection (5) shall–
be received in evidence, and be deemed to be such a certificate without further proof unless the contrary is proved; and
be evidence that the determination set out in the certificate was made by the Commission and of the facts stated in the determination.
In any proceedings taken as provided in this section for the punishment of any alleged offence of contempt against, or in disrespect of the authority of the Commission, notwithstanding anything to the contrary in this Act, no member of the Commission shall, except with such person’s own consent, be summoned or examined as a witness.
Part IV
General
Part V