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Part VII · Compensation

28. Compensation

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Notwithstanding anything to the contrary in the

Judicature Act and the Code of Criminal Procedure Act, every

High Court and every Magistrate’s Court may upon conviction of a person by such Court, in addition to any penal sanction that may be imposed on such person in respect of the offence for which he is convicted, order the convicted person to pay to Court—

(a)

(i)

an amount not exceeding one million rupees to be paid as compensation to the victim of crime or witness concerned; or

(ii)

a sum of money not exceeding twenty per centum of the maximum fine payable for that offence; or

(b)

both the compensation and the sum of money referred to in paragraph (a).

(2)

Prior to arriving at a determination on the quantum of compensation to be imposed under sub paragraph (i) of paragraph (a) of subsection (1), the High Court or the

Magistrate’s Court shall call for, examine and consider:—

(a)

all relevant information relating to the victim of crime, including the report of the Government Medical

Officer who has examined the victim, that may enable the Court to determine the nature and the extent of the damage, loss or harm that the victim of crime may have suffered as a result of being subjected to the offence the person convicted of had been charged with;

Assistance to and Protection of Victims of

(b)

representations or submissions made by the victim of crime or his legal representative, relating to the impact of the crime on such victim; and

(c)

information pertaining to any compensation that may have already been paid to such victim of crime by any court, by the Authority or otherwise received by him from any other source.

(3)

The presiding Judge of the High Court or the

Magistrate shall, remit the money paid under:—

(a)

sub paragraph (i) of paragraph (a) of sub section (1)

as compensation to the victim of crime concerned or to his next of kin or dependents;

(b)

sub paragraph (ii) of paragraph (a) of sub section (1) to the Victims of Crime and Witnesses Assistance and Protection Fund established under section 29

of this Act;

(c)

paragraph (b) of subsection (1), in the corresponding manner provided in paragraph (a)

and (b) of this subsection.

(4)

In the event of a person convicted of failing to make any payments imposed under subsection (1), the Presiding

Judge of the High Court or the Magistrate shall, determine and pronounce a default term of imprisonment the convict shall be required to serve, in lieu of the non-payment of such sums of money:

Provided that, where the Presiding judge of the High Court or the Magistrate upon inquiry is satisfied that the person convicted does not have necessary financial resources to make the payment imposed under subsection (1), such

Presiding Judge or the Magistrate shall, enter a community based correction order and where such an order is entered, the provisions relating to community based correction orders contained in the Community Based Corrections Act, No. 46

of 1999, shall mutatis mutandis, apply in regard to that order.

(5)

The receipt of compensation by a victim under subsection (1)(a) (i) of this section shall not prejudice such victim from claiming damages in any civil proceedings, provided that when determining the quantum of damages to be awarded, such civil court shall take into consideration the compensation received by such victim, under subsection (1)(a) (i) of this section.

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Part VIII

Testimony Through Audio-Visual Linkage

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Part IX

General

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Schedules