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As enacted
Contents

Part IX · General

46. Interpretation

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

In this Act, unless the context otherwise requires-

“child victim of crime” and “child witness” respectively means, 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” means—

(a)

a Commission of Inquiry appointed under the

Commissions of Inquiry Act, (Chapter 393) ;

(b)

a Special Presidential Commission of Inquiry established under the Special Presidential

Commissions of Inquiry Law, No. 7 of 1978 ;

(c)

the Commission to Investigate Allegations of

Bribery and Corruption established by the

Commission to Investigate Allegations of

Bribery or Corruption Act, No. 19 of 1994 ; and

(d)

the Human Rights Commission of Sri Lanka established by the Human Rights Commission of Sri Lanka Act, No. 21 of 1996.

“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 ;

“Judicature Act” means the Judicature Act, No. 2 of 1978 ;

“victim of crime” means a person including a child victim who has suffered any injury, harm, impairment or disability whether physical or mental, emotional, economic or other loss, as a result of an act or omission which constitutes an alleged—

(a)

offence under any law ; or

(b)

infringement of a fundamental right guaranteed under Articles 13(1) or (2) of the Constitution,

Assistance to and Protection of Victims of and includes a person who suffers harm as a result of intervening to assist such a person or to prevent the commission of an offence, and the parent or guardian of a child victim of crime and any member of the family and next of kin of such person, dependents and any other person of significant importance to that person ;

“witness” means any person who—

(a)

has provided information or lodged a complaint with any law enforcement officer and based upon such information or complaint, an investigation or inquiry could or has commenced or is likely to commence, in connection with the alleged commission of an offence or the infringement of a fundamental right or the violation of a human right ;

(b)

in the course of an investigation or inquiry conducted by a law enforcement authority into the alleged commission of an offence or infringement of a fundamental right or the violation of a human right, has provided information or made a statement containing an account of matters in respect to which such person had been questioned ;

(c)

has provided an affidavit or submitted a statement in support of a complaint made or any legal action instituted by a victim of crime ;

(d)

has provided information or any communication to a Commission ;

(e)

has reasonable grounds to believe that he shall be summoned by a Court or a Commission to make a statement or testify in any judicial or quasi-judicial proceedings against a person, based on information provided or a statement made to a law enforcement authority or a

Commission by such person ;

(f)

has received summons from a court or a

Commission to make a statement, testify or produce any document, report or object in any judicial or quasi-judicial proceeding before such Court or Commission ; or

(g)

being a public officer, has investigated into the alleged commission of an offence or an alleged infringement of a fundamental right or the violation of a human right, and includes a victim of crime, a child witness, the parent or guardian of a child witness, a family member or dependent of such witness or any other person of significant importance to such person, an expert witness and a person who has been summoned to testify before a Court or a Commission on behalf of a person suspected or accused of the alleged commission of an offence or the infringement of a fundamental right or the violation of a human right ;

and

“written communication” includes a letter transmitted in any medium whatsoever, such as by ordinary or registered post, by facsimile and electronic mail.

Assistance to and Protection of Victims of

Schedules