Anti-Corruption Act 2023 · As enacted · Part IV · General
147. Statutory obligation not to utter falsehoods
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 person required by the Commission to give a statement or other evidence on any subject which it is the duty of the Commission to inquire into under this Act and which is in his power to give, shall be legally bound not to utter falsehoods:
Provided however, it shall not be an obligation for a person accused of committing an offence under this Act to give self-incriminating or confessional statements or evidence and if so given such statements or evidence shall not be admissible in any investigation or proceeding under this Act.
A person who contravenes the provisions of the preceding subsection shall be subject to the provisions of section 119 of this Act and be dealt with accordingly.
Where in the course of a trial for an offence under this
Act, any witness contradicts either expressly or by necessary implication the statement previously given by him in the course of any investigation conducted by the Commission under this Act, or the statement previously given by him in the course of any investigation conducted by a Commission of Inquiry appointed under the Commission of Inquiry Act
(Chapter 393) or by a Commission appointed under the
Special Presidential Commission of Inquiry Law, No. 7 of 1978 on any material point, it shall be lawful for the presiding
Judge or Magistrate if he considers it safe and just in all the circumstances to act upon such statement where such statement is corroborated in material particulars by evidence from an independent source and to have such witness at the conclusion of such trial tried before such court upon a charge sheet, or if such court is the High Court, tried on an indictment filed by the Director-General, for intentionally giving false evidence in a stage of a judicial proceeding:
Provided however, that it shall not be necessary for the presiding Judge to discredit the witness in toto, before acting under this section.
At any trial under subsection (3), it shall be sufficient to prove that the accused made statements contradictory to those alleged in the indictment or charge sheet and it shall not be necessary to prove which of such statements is false.
The presiding Judge or Magistrate may, if he considers it expedient, adjourn the trial of any accused under subsection (3) for such period as he may think fit and in any such case the accused shall be remanded until the conclusion of such trial:
Provided that, the Court of Appeal may in exceptional circumstances release such person on bail pending the conclusion of the trial.
Notwithstanding anything to the contrary in any written law –
an affidavit or sworn statement; or
any book, document, cheque, record or register or a certified copy thereof or of any entry in any such book, document, record or register produced, delivered or furnished to the Commission in the course of an investigation conducted by it under this Act, shall be relevant and admissible at the trial of any person for an offence under this Act and shall be prima facie proof of the fact of its execution and the contents therein.
Part V