Anti-Corruption Act 2023 · As enacted · Part I · Part i
42. Preliminary inquiry, investigation, and other measures
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
The Commission may commence the conduct of a preliminary inquiry–
upon receipt of any information;
upon receipt of a complaint;
ex mero motu by the Commission; or
based on any other material received by the
Commission, in relation to the commission of any act which may disclose the commission of an offence referred to in section 41.
The purpose of conducting a preliminary inquiry shall be to determine whether there exist reasonable grounds to believe that an offence under the provisions of this Act has been committed.
After the conduct of a preliminary inquiry, if the
Commission is satisfied that an offence referred to in section 41 has been committed, the Commission shall direct the Director-General to conduct an investigation:
Provided that, if the Commission is satisfied that there exist reasonable grounds to believe the committing of an offence referred to in section 41, the Commission may authorize the conduct of an investigation without the conduct of a preliminary inquiry.
The purpose of the investigation conducted by the
Commission under subsection (3) is to-
determine whether an offence referred to in section 41 has been committed;
identify and trace witnesses to the commission of any offence referred to in paragraph (a) and any other relevant facts;
trace, interview, and record the statements of persons who may be acquainted with facts and circumstances pertaining to the committing of an offence referred to in section 41;
collect documents and material that has the potential of being converted into evidence in criminal proceedings;
determine the identity of persons who have committed an offence referred to in section 41;
trace, arrest, interview, and record the statement of any person who has committed an offence referred to in section 41;
determine whether to institute criminal proceedings or take any other lawful action against any person, for any offence referred to in section 41; or
take any other appropriate measure provided for in this Act.
On any information or a complaint received by the
Commission, or if decided ex mero motu by the Commission, or on any other material received by the Commission, if the
Commission is satisfied of the likelihood of an offence referred to in section 41 being committed, it may take measures as may be necessary to detect the committing of such offence and make investigations thereto.
Notwithstanding anything to the contrary in this Act or any other written law, where the Commission, on a consideration of material collected in the course of an investigation or inquiry or both an investigation and inquiry as the case may be by a Commission of Inquiry appointed under the Commissions of Inquiry Act (Chapter 393) or by a
Commission appointed under the Special Presidential
Commissions of Inquiry Law, No. 7 of 1978, is satisfied that an offence referred to in section 41 has been committed, it shall direct the Director-General to institute criminal proceedings against the person or persons alleged to have committed such offence in terms of this Act.
The Commission may prior to the institution of proceedings under subsection (6), direct to-
conduct further investigations into the commission of any such offence;
consider material that may have been collected in the course of an investigation conducted by the
Commission prior to the receipt of the material referred to in subsection (6); and
consider the material the Commission may have received from any other law enforcement authority.
Notwithstanding anything to the contrary in this Act or any other written law, the Commission may, if it deems appropriate, forward the material collected and received under subsections (1), (3), (5), (6) and (7) to the Attorney-General or to any other authority to take any appropriate action under any other written law.
The Commission shall not be required, unless it deems appropriate to, record a statement of a person who has given a statement to a Commission of Inquiry or to a Special
Presidential Commission of Inquiry or has given evidence before any such Commission.
The Commission shall have the power to investigate any matter disclosed by a communication received by it under subsection (1) whether or not such matter relates to a period prior to the appointed date and notwithstanding anything to the contrary in any other law.
If the Commission decides not to act according to the provisions of subsections (1), (3), (5) or (6) of this section, reasons for such decision shall be recorded in writing and be communicated by the Commission to the person who made the complaint.
Part II
Declaration of Assets and Liabilities
Part III
Part IV
General
Part V