Anti-Corruption Act 2023 · As enacted · Part I · Part i
45. Search and seizure
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
If the Commission is satisfied–
that there is a reasonable ground for suspecting that an offence referred to in section 41 has been committed and that evidence of the commission of the offence is to be found at any premises or in any vessel, vehicle or aircraft or with any person; or
that any book, account or other document or thing which ought to have been produced during an investigation conducted by it under this Act and have not been so produced are to be found at such premises or in any such vehicle, vessel or aircraft or with any person, the Commission may by written order, authorize an officer of the Commission to enter such premises or, such vehicle, vessel or aircraft as the case may be and search such premises, or such vehicle, vessel, aircraft or such person.
An officer authorized by the Commission under subsection (1) may seize any article, which is found in the premises or in the vehicle, vessel or aircraft or with the person and which he has reasonable grounds for believing to be evidence of the commission of any offence under this Act, or any book, account or document or thing which he has reasonable grounds for believing, ought to have been produced at an investigation conducted by the Commission under this Act and every such article, book, account, document or thing seized by such officer in pursuance of the powers conferred on him by this section shall be produced by him before the Commission:
Provided that, no female shall, in pursuance of a search under this section, be searched except by a female.
Where, by virtue of this section a person has any power to enter into any premises, vessel, vehicle or aircraft, he may use such force as is reasonably necessary for the purpose of exercising that power.
A list of all items seized pursuant to the preceding provisions of this section and of the places in which they are respectively found shall be prepared by the officer of the
Commission effecting the seizure and be signed by him.
A copy of the list referred to in the above subsection shall be served on the owner of such property or on the person from whom the property was seized as soon as possible.
Where any movable property liable to seizure as stipulated above is in the possession, custody or control of a bank, the provisions of subsections (2), (3), (4), (5) and (6) of section 49 shall apply thereto.
The Director-General or an officer authorized by the
Commission may with such assistance as may be necessary, enter and search any department, office or establishment of the Government to give effect to the provisions of this section.
The Director-General or any officer of the Commission may obtain the assistance of any public officer or any other person authorized by the Commission for assistance in the exercise of his powers or the discharge of his functions under this Act.
Any officer authorized under subsection (1) shall always carry the warrant card issued to such officer under section 46 where any power under this section is exercised.
Part II
Declaration of Assets and Liabilities
Part III
Part IV
General
Part V