14. Compensation to be awarded for loss or damage consequent to an offence

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

(1)

Where a person is convicted of an offence under this Act, and where it is established that as a result of the commission of such offence—

(a)

loss or damage was caused to any person or institution; or

(b)

monetary gain accrued to the offender or any other person, the court shall, in addition to any other punishment that may be imposed on the offender, make order for the payment by the offender—

(i)

of compensation, to the person or institution that incurred loss or damage; or

(ii)

of a sum equivalent to the value of the monetary gain so accrued, to the State, as the case may be.

(2)

An order made under subsection (1) for payment, shall be enforced as if such order was a decree entered by the District

Court in favour of the person or institution which suffered the loss or damage or the State, as the case may be.

(3)

A Certificate under the hand of an expert containing a record of the quantum of compensation as computed by the victim and a statement whether in the opinion of the expert, the quantum of compensation is proportionate to the loss or damage caused or the monetary value of the gain accrued shall be admissible in evidence and shall be prime facie proof of the facts stated therein.

(4)

An order under subsection (1) for the payment of compensation in favour of any person shall not debar or prejudice any right of that person to a civil remedy for the recovery of damages :

Provided however that the time limit specified in the

Prescription Ordinance (Chapter 68) for the commencement of any action relating to a civil remedy, shall, for the purposes of this Act, be computed only from the date on which an order under subsection (1) is made.

Part II

Investigations

Read on from Part II

Part III

Miscellaneous

Read on from Part III