Anti-Corruption Act 2023 · As enacted · Part I · Part i
51. Taking of finger impressions, photographs, non-intimate samples, blood samples and voice samples 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
Where a person has been arrested under section 47
or, has been served with summons under section 49, any authorized officer of the Commission may take, or cause to be taken blood samples, voice samples, photographs, finger, palm or foot impressions or impression of any part of the body and the weight and height measurements of that person.
The identifying particulars of a person taken under subsection (1) may be retained by the Commission, except that if-
a decision is taken not to charge the person with any offence; or
the person is charged with an offence under this Act but discharged by a court before conviction or acquitted at his trial or on appeal, the identifying particulars, together with any negatives or copies thereof, shall as soon as reasonably practicable be destroyed or, if the person so prefers, delivered to the person.
Notwithstanding the provisions of subsection (2), the
Commission may retain the identifying particulars of a person who has been previously convicted of any offence under this
Act.
In any investigation in respect of an offence committed or believed to have been committed under this Act, a non-intimate sample may be taken from a person for forensic analysis only if-
that person is dealt with and detained pursuant to the provisions of this Act; and
an officer not below the rank of a Deputy Director-General or above (hereinafter referred to as the
“authorizing officer”) has authorized such taking.
An authorizing officer may give his authorization as required under paragraph (b) of subsection (4) only if he has reasonable grounds-
for suspecting that the person from whom the non-intimate sample is to be taken has committed an offence under this Act; and
to believe that the sample will tend to confirm or disprove the commission of such offence.
An authorizing officer shall give his authorization in writing and in practical difficulty, may give such authorization orally and as soon as possible confirm it in writing.
Where an authorization has been given under subsection (5), officer who has been empowered with such authorization shall, before the taking of such non-intimate sample, inform the person from whom the sample is to be taken-
of the nature of the offence in which the person is suspected to have committed;
that there are reasonable grounds to believe that the sample will tend to confirm or disaprove the commission of the offence by that person;
of the authorization;
that he may or may not consent to the taking of the sample; and
that the sample will be analyzed and the information derived from such analysis may provide evidence that might be used in criminal proceedings for such offence or any other offence for which the person may be arrested under this Act.
Where a person does not consent to the taking of a blood sample, finger, palm or foot impression or an impression of any part of the body under subsection (1) or the taking of a non-intimate sample under subsection (4), the Commission may apply to the Magistrate for an order for the taking of the same from him.
The person from whom a non-intimate sample was taken under subsection (4) is entitled to be informed of the results derived from the analysis of the sample.
Any consent given for the taking of a non-intimate sample under this section shall be given in writing and signed by the person giving the consent.
Where an order under subsection (8) is made, the results shall be reported to the Magistrate by the Commission.
A non-intimate sample from a person may only be taken by a registered Medical Practitioner.
The Minister shall make regulations in consultation with the Commission on the privacy and the limitations on the use of non-intimate samples and results of forensic analysis and the disposal of relevant samples and records.
Part II
Declaration of Assets and Liabilities
Part III
Part IV
General
Part V