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As enacted
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Contents

Part I · General Provisions and Offences

35. Admissibility of response to a notice calling for explanation

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Subject to the prohibition contained in section 25

of the Evidence Ordinance, and notwithstanding anything to the contrary in the Code of Criminal Procedure Act, a statement made or response given in the form of an affidavit or a written or oral statement to an Investigation Officer in response to a notice served on such person under section 68

of this Act, shall be admissible against the maker of such affidavit or statement or against any third party -

(a)

when deciding whether or not to restrain or seize suspected proceeds of crime;

(b)

in judicial proceedings instituted under this Act for judicial freezing and forfeiture of proceeds of crime; or

(c)

in respect of applications for the release of restrained, seized or frozen proceeds of crime or any part thereof.

(2)

Any party whose interests that may be affected by the use or proving of the contents of such affidavit or statement, shall be entitled to present evidence to establish the contrary.

(3)

Where a person makes a statement or gives a response in the form of an affidavit or written or oral statement in response to a notice served on such person under section 68 of this Act, and such person is prosecuted for having committed an unlawful activity, the contents of such statement or response shall not be admissible against such person as substantive evidence:

Provided however, if such person in his defence chooses to give or tender evidence on his behalf, the contents of such statement or response shall be admissible to-

(a)

prove that he made a different statement at a different time, and therefor for the purpose of assessment of credibility of such person; and

(b)

to rebut evidence placed on behalf of the accused.

Read on from s 36

Part II

Investigation Into Proceeds of Crime, Restraint And Seizure

Read on from Part II

Part III

Judicial Freezing of Proceeds of Crime

Read on from Part III

Part IV

Protection, Preservation and Management of Proceeds of Crime

Read on from Part IV

Part V

Proceeds of Crime Management authority

Read on from Part V

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Read on from Part VI

Part VII

Civil Remedy For Victims Of Crime

Read on from Part VII

Part VIII

Disposal Of Forfeited Proceeds Of Crime And The Utilization Of The Value Derived Thereof

Read on from Part VIII

Part IX

Victims Of Crime Reparation Trust Fund

Read on from Part IX

Part X

International Cooperation

Read on from Part X

Part XI

Miscellaneous Provisions

Read on from Part XI

Schedules