Anti-Corruption Act 2023 · As enacted · Part I · Part i
65. Prosecutions
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
Where the material received by the Commission in the course of an investigation conducted by it under this
Act, discloses the commission of an offence under the provisions of this Act by any person, the Commission shall direct the Director-General to institute criminal proceedings against such person in the appropriate court.
Notwithstanding anything to the contrary in any other written law, the Director-General in accordance with subsection (1) of this section shall have the power to institute proceedings in the Magistrate’s Court through a charge sheet signed by the Director-General and section 136 of the Code of Criminal Procedure Act, No. 15 of 1979 shall not apply for the purposes of this section.
The provisions of section 162 of the Code of Criminal
Procedure Code Act, No. 15 of 1979 shall mutatis mutandis apply in respect of any charge sheet signed by the Director-General.
Upon proceedings being instituted through a charge sheet under subsection (2), the Magistrate shall –
cause the accused to appear, or to be brought, before him;
cause a copy of the charge sheet with its annexures to be served on each of the accused who shall be tried upon that charge sheet;
inform the accused of the date of the trial;
where the accused is brought or appears before the court, read and explain the charge to the accused and shall be asked whether he is guilty or not guilty of the offence charged;
if the accused pleads guilty and it appears to the satisfaction of the Magistrate that he rightly comprehends the effect of his plea, record a verdict of guilty and pass sentence upon him according to the provisions of the relevant law and record such sentence; and
if the accused does not make any plea or if he pleads not guilty, he shall be tried and the provisions of the Code of Criminal Procedure Act, No. 15 of 1979
shall mutatis mutandis apply to the proceedings in the Magistrate Court.
Where proceedings are instituted in a High Court in pursuance of a direction made by the Commission under subsection (1) by an indictment signed by the Director-General, such High Court shall on receipt of such indictment, have jurisdiction to try the offence described in such indictment in all respects as if such indictment were an indictment presented by the Attorney-General to such court.
There shall be annexed to every such indictment, in addition to the documents which are required by the Code of
Criminal Procedure Act, No. 15 of 1979 to be annexed thereto, a copy of the statements, if any, made before the Commission by the accused and by every person intended to be called as a witness by the prosecution.
Notwithstanding anything to the contrary in any other written law, an officer of the Commission authorized by the
Commission, the Attorney-General upon request of the
Commission or any other Attorney-at-Law specially authorized by the Commission shall be entitled to–
conduct the prosecution at a trial of an offence held-
in the Magistrate Court on a charge sheet;
and
in the High Court on an indictment, signed by the Director-General; or
appear on behalf of the Commission in any other litigation which may have a bearing on the
Commission:
Provided that, where the Commission has requested the
Attorney-General to conduct the prosecution or appear on behalf of the Commission in any other litigation, in the absence of the Attorney-General, an officer of the Commission authorized by the Commission is entitled to conduct such prosecution or appear on behalf of the Commission:
Provided further, where an officer of the Commission authorized by the Commission is conducting a prosecution or appearing on behalf of the Commission, the Attorney-General may assist such officer.
Part II
Declaration of Assets and Liabilities
Part III
Part IV
General
Part V