Anti-Corruption Act 2023 · As enacted · Part I · Part i
47. Arrest of persons without a warrant etc.
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
Any authorized officer of the Commission may without an order from a Magistrate and without a warrant arrest any person suspected of committing an offence under the provisions of this Act if such person–
in his presence commits any offence under this Act;
has been concerned in any offence under this Act or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists, of his having been so concerned;
obstructs an officer employed by the Commission while in the execution of his duty or has escaped or attempts to escape from lawful custody;
is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing an offence under this Act; or
has been concerned in or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in any act committed at any place out of Sri Lanka, which if committed in
Sri Lanka would have been punishable as an offence under this Act and for which he is under any law for the time being in force relating to extradition or to fugitive persons or otherwise, liable to be apprehended or detained in custody in Sri Lanka.
In making an arrest under subsection (1), the officer making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action and shall inform the person to be arrested, of the nature of the charge or allegation upon which he is arrested and the keeping of a person in confinement or restraint without formally arresting him or under the colourable pretension that an arrest has not been made when to all intents and purposes such person is in custody, shall be deemed to be an arrest of such person.
If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, the officer making the arrest may use such means as are reasonably necessary to effect the arrest.
If the officer making the arrest has reasons to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of such place shall on demand of such officer allow him free ingress therein and afford all reasonable facilities for a search therein.
If ingress to such place cannot be obtained under the preceding subsection it shall be lawful in any case for the officer acting under a warrant or in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity of escape, for the officer to enter such place and search therein.
The officer may break open any outer or inner door or window of any place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Anything in this section shall not be held to interfere with or modify the operation of any enactment empowering an officer to arrest without a warrant.
Part II
Declaration of Assets and Liabilities
Part III
Part IV
General
Part V