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Part III · Offences Against Victims of Crime and Witnesses

8. Offences against victims of crime and witnesses

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

(1)

Any person who-

(a)

threatens a victim of crime or a witness with injury to his person, reputation or property or to the person or reputation or property of any other in whom such victim of crime or witness has an interest, with the intention of causing alarm to such victim of crime or witness or to cause such victim of crime or witness to refrain from lodging a complaint against such person with a law enforcement authority or testifying at any judicial or quasi-judicial proceedings or to compel such victim of crime to withdraw a complaint lodged or legal action instituted against such person ; or

(b)

voluntarily causes hurt to a victim of crime or a witness, with the intention of causing such victim of crime or witness to refrain from lodging a complaint against such person with a law enforcement authority, or testifying at any judicial or quasi-judicial proceedings or to compel such victim of crime to withdraw a complaint lodged or legal action instituted against such person, or in retaliation for a statement made or testimony provided by such victim of crime or witness in any court of law or before a Commission, against such person, commits an offence, and shall on conviction by a High

Court, be sentenced to a term of imprisonment not exceeding ten years and to a fine of rupees twenty thousand.

(2)

Any person who—

(a)

voluntarily causes grievous hurt to a victim of crime or a witness ; or

(b)

wrongfully restrains a victim of crime or a witness, with the intention of preventing such victim of crime or witness from lodging a complaint against such person with a law enforcement authority or from testifying in any judicial or quasi-judicial proceedings against such person, or compelling such victim of crime or witness to withdraw a complaint lodged or a legal action instituted against such person, or in retaliation for a statement made or testimony provided by such victim of crime or witness in a Court of law or before a

Commission against such person, commits an offence,

Assistance to and Protection of Victims of and shall on conviction by a High Court be sentenced to a term of imprisonment not exceeding twelve years and to a fine of rupees thirty thousand.

(3)

Any person who—

(a)

by force compels or by any deceitful means, abuse of authority or by any other means of compulsion, induces any victim of crime or a witness to leave any place ; or

(b)

intends to cause or knowing that he is likely to cause wrongful loss, damage or destruction to the property of a victim of crime or a witness, causes such loss, damage or destruction to the property of that victim of crime or witness, with the intention of preventing such victim of crime or witness from lodging a complaint or making any statement against such person to a law enforcement authority or testifying against such person in any judicial or quasi-judicial proceedings or in retaliation for a statement made to a law enforcement authority or the testimony made against such person in any judicial or quasi-judicial proceedings by such victim of crime or witness, commits and offence, and shall on conviction by the High Court be sentenced to a term of imprisonment not exceeding twelve years and to a fine of rupees thirty thousand.

(4)

A person who causes—

(a)

any harassment, intimidation, coercion, violation, physical or mental suffering, loss or damage to the reputation of another person ; or

(b)

an adverse change being made to the conditions of employment in the place of employment of such other person, due to or as a result or consequence of such other person having provided any information or lodged a complaint or made a statement to any law enforcement authority or to any Court or Commission or having provided testimony in any Court or before a

Commission or instituted legal proceedings pertaining to the commission of an offence or the infringement of a fundamental right or the violation of human rights of such person, commits an offence and shall on conviction by the High Court be sentenced to a term of imprisonment not exceeding seven years and to a fine of rupees fifteen thousand.

(5)

Any person who—

(a)

having received information given for the purpose of commencing or conducting an investigation into an offence ;

(b)

having gathered information in the course of an investigation into an offence ; or

(c)

having received such information referred to in paragraphs (a) and (b) from any other person, provides, issues or gives to a third person or publishes or otherwise disseminates any such information or part thereof regarding the identity of the relevant victim of crime or a possible witness or informant who provided such information and thereby places the life of such victim of crime,

Assistance to and Protection of Victims of witness or informant in danger, other than in good faith and in accordance with or in compliance with—

(a)

any provisions or procedures established by law ;

(b)

an order made by a judicial officer ; or

(c)

a directive issued by a person duly authorized to do so by or under any law, commits an offence, and shall on conviction by the High Court be sentenced to a term of imprisonment not exceeding seven years and to a fine of rupees fifteen thousand.

(6)

Any person who is alleged, suspected or accused of having committed an offence, offers, provides or gives any gratification to any other person who is—

(a)

intending or preparing to institute legal proceedings against such person for having committed such offence ; or

(b)

likely to provide information or testimony against such person to any law enforcement authority,

Commission or court, with a view to preventing, discouraging or dissuading such other person from instituting legal proceedings or providing truthful information or testimony against such first mentioned person who is alleged, suspected or accused of having committed the offence, commits an offence, and shall on conviction by the High Court be sentenced to a term of imprisonment not exceeding seven years and to a fine of rupees fifteen thousand.

(7)

Any person who with the intention of obtaining any protection or assistance from the Authority, the police including the Division, a Court or a Commission, provides any information knowing or having reasonable grounds to believe that such information is false, commits and offence, and shall on conviction by the High Court be sentenced to a term of imprisonment not exceeding seven years and to a fine of rupees fifteen thousand.

(8)

Any person who is in charge of or participating or assisting in providing protection to a victim of crime or to a witness or who otherwise is in possession of information relating to the protection being afforded to a victim of crime or a witness, provides, issues or gives to another person such information and thereby places the life of such victim of crime or witness in danger, other than in good faith and in accordance with or in compliance with—

(i)

any provisions or procedures established by law ;

(ii)

an order made by a judicial officer ; or

(iii)

a directive issued by a person duly authorized to do so by or under any law, commits an offence, and shall on conviction by the High

Court be sentenced to a term of imprisonment not exceeding seven years and to a fine of rupees fifteen thousand.

Read on from s 9

Part IV

Establishment of the National Authority for the Protection of Victims of Crime and Witnesses

Read on from Part IV

Part V

Read on from Part V

Part VI

Entitlement of a Victim of Crime or Witness to Obtain Protection

Read on from Part VI

Part VII

Compensation

Read on from Part VII

Part VIII

Testimony Through Audio-Visual Linkage

Read on from Part VIII

Part IX

General

Read on from Part IX

Schedules