Assistance to and Protection of Victims of Crime and Witnesses Act 2023 · As enacted · Part V · Establishment of the National Authority for the Protection of Victims of Crime and Witnesses
41. Powers of the Authority
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
The Authority shall have the power –
to receive any complaint or information on any alleged violation or denial, or imminent violation or denial, of any right or entitlement of a victim of crime or witness under this Act;
for the purpose of conducting an investigation or inquiry into any alleged violation or denial, or imminent violation or denial, of any right or entitlement of a victim of crime or witness under this Act, to -
require any person, other than a judicial officer or Commissioner of a Commission, to appear before the Authority and to participate in such investigation or inquiry;
require any person, other than a court or
Commission, to produce before the Authority any document, a certified copy of any document or any other material in the possession or custody of such person, including any report of investigation or inquiry, an extract of an information book and extract of Police Officers’ Visiting Book for examination and to take copies thereof;
require any person, other than a court or
Commission, to provide to the Authority in writing any information which such person possesses:
Provided however, if the disclosure of any information is detrimental to the national security, such person shall not be required to provide such information, and the onus of proving that the information is confidential shall lie with the person who so claims;
interview and record a statement of any person, other than a judicial officer or
Commissioner of any Commission:
Provided however, anything stated during the course of recording of such statement shall not be used against such person at any subsequent trial of any charge or indictment relating to an offence;
request any court or Commission to provide to the Authority certified copies of the records of any proceedings, documents and other material filed of record in such court or
Commission relating to any alleged offence against a victim of crime or witness or the alleged violation or denial, or imminent violation or denial, of any right or entitlement of a victim of crime or witness, without the payment of any fee, provided sufficient justification is shown for such request; and
subject to prior approval of the relevant authorities, enter into, inspect or examine any place or location, or observe and record any event or process progressing in any place, including an investigation, inquiry, trial or other proceeding;
for the purpose of providing redress to any victim of crime or witness, to-
make an appropriate order to remedy, or to provide relief, or to take corrective measures on any damage caused as a result of the violation of rights or denial of entitlements of any victim of crime or witness under this
Act;
direct, advise or recommend the relevant authorities to adopt appropriate measure for the promotion or protection of the rights and entitlements of any victim of crime or witness under this Act; and
use mechanisms including conciliation and mediation in addition to other available legal mechanisms;
to make representations to the Attorney-General or any other authority on the basis of any investigation or inquiry into any alleged violation or denial, or imminent violation or denial, of any right or entitlement of a victim of crime or witness under this Act;
to direct the Protection Division to take over an investigation or inquiry into any offence under this
Act under paragraph (f) of subsection (1) of section 56;
to acquire, hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of any movable or immovable property;
to enter into such contracts as may be necessary for the performance and discharge of its duties and functions;
to invest monies lying to the credit of the
Protection Fund in an appropriate and secure manner and open and maintain current, savings or deposit accounts in banks;
to appoint, dismiss and exercise disciplinary control over officers and other employees, consultants and advisors of the Authority as may be necessary for the proper performance and discharge of its duties and functions;
subject to the provisions of subsection (2), to accept and receive donations, gifts, bequests and grants from any source within or outside Sri Lanka and to utilize the same for the proper performance and discharge of its duties and functions; and
to do all such other things as may be necessary for the proper performance and discharge of its duties and functions under this Act.
The Authority or the Protection Division shall not obtain any assistance from any foreign government or foreign or international organization in providing assistance or protection to a victim of crime or witness, without the prior approval of the Department of External Resources.
Any person who, without justifiable reason, fails to comply with any requirement, direction or order made or issued by the Authority in the exercise of the powers vested in the Authority under this section, commits an offence and shall, on conviction by a Magistrate, be liable to a fine not exceeding three hundred thousand rupees or to imprisonment of either description for a period not exceeding five years or to both such fine and imprisonment.
Part VI
Appointment of the Director-General and Staff of the Authority
Part VII
Victims of Crime and Witnesses Assistance and Protection Division
Part VIII
The Assistance and Protection Programme for Victims of Crime and Witnesses
Part IX
Compensation and Interim Awards
Part X
Testimony Through Contemporaneous Audio-Visual Linkage
Part XI
Finance
Part XII