Assistance to and Protection of Victims of Crime and Witnesses Act 2023 · As enacted · Part XII · General
104. Interpretation
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
In this Act, unless the context otherwise requires–
“child victim of crime” and “child witness” respectively mean, a person who is less than eighteen years of age and who is either a victim of crime or is a witness;
“Code of Criminal Procedure Act” means the Code of
Criminal Procedure Act, No. 15 of 1979;
“Commission” includes-
a Commission of Inquiry appointed under the
Commissions of Inquiry Act (Chapter 393);
a Special Presidential Commission of Inquiry established under the Special Presidential
Commissions of Inquiry Law, No. 7 of 1978;
the Commission to Investigate Allegations of
Bribery or Corruption established by the Anti-Corruption Act, No. 9 of 2023;
the Human Rights Commission of Sri Lanka established by the Human Rights Commission of Sri Lanka Act, No. 21 of 1996; and
any other Commission empowered by law to conduct inquiries;
“ICCPR Act” means the International Covenant on Civil and Political Rights Act, No. 56 of 2007;
“injury” means any harm whatever illegally caused to the body, mind, reputation or property of any person and includes any impairment or disability, emotional suffering, economic or other loss caused as a result of an act or omission constituting an alleged-
offence under any law;
infringement of any fundamental right guaranteed under Article 11 or paragraph (1)
or (2) of Article 13 of the Constitution; or
violation of any right granted under the
ICCPR Act;
“law enforcement authority” means a police officer or any other person authorised by or under any written law to investigate into the commission of an offence;
“Minister” means the Minister assigned the subject of
Justice;
“organised criminal group” means a group of persons who have organised themselves to commit crime;
“public authority” means any authority, corporation, board or other body established by or under any written law other than the Companies Act, No. 07
of 2007 with funds or capital wholly or partially provided by the Government by way of grant, loan or otherwise;
“relevant authority” means a law enforcement authority or public authority which lawfully interacts with the victim of crime or witness depending on the circumstances of each case;
“restorative justice” means the evolvement of a procedure through which all parties to a dispute would be engaged in a conciliatory process for the purpose of achieving the goals of justice;
“victim of crime” means a person who has suffered any injury and includes, where appropriate-
a member of the family of the victim of crime or a dependent of the victim of crime;
a person of significant importance to a victim of crime;
a person who suffers injury in intervening to assist a victim of crime;
a person who suffers injury in preventing another person from victimization; and
a child victim of crime; and
“witness” means any person who-
has provided any information or lodged a complaint with any law enforcement authority and based upon such information or complaint, an investigation or inquiry is likely to commence or has commenced, in connection with the alleged commission of an offence or infringement of any fundamental right or violation of any right granted under the ICCPR Act;
has provided any information or made a statement in the course of an investigation or inquiry conducted by a law enforcement authority into the alleged commission of an offence or infringement of any fundamental right or violation of any right granted under the ICCPR Act;
has made a statement, submitted an affidavit or has testified, in relation to a complaint made by a victim of crime or in any legal action instituted by, or on behalf, of a victim of crime;
has provided any information or communication to a Commission or has given evidence before a Commission;
has reasonable grounds to believe that he may be summoned by a court or Commission to participate in any manner in any proceedings, investigation or inquiry against any other person based on any information provided or a statement made to a law enforcement authority, court or Commission, or based on a deposition or an affidavit submitted by him;
has received summons from a court or
Commission to make a statement, submit an affidavit, testify or produce any document, report or object relating to any proceedings before such court or Commission; or
being a public officer, has been involved in any manner in the administration of justice in relation to the alleged commission of an offence or infringement of any fundamental right or violation of any right granted under the ICCPR Act, and includes-
a victim of crime;
a child witness;
a parent or guardian of a child witness;
a family member or a dependent, of such witness;
any other person of significant importance to any witness;
an expert witness; and
any person who has been summoned to testify before a court or Commission on behalf of a person suspected or accused of the alleged commission of an offence or infringement of any fundamental right or violation of any right granted under the ICCPR Act.