ACT, No. 4 OF 2015

4of2015.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
ASSISTANCE TO AND PROTECTION OF
VICTIMS OF CRIME AND WITNESSES
ACT, No. 4 OF 2015
—————————
[Certified on 07th March, 2015]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of theGazette of the Democratic
Socialist Republic of Sri Lankaof March 13, 2015.
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Assistance to and Protection of Victims of 1
Crime and Witnesses Act, No. 4 of 2015
[Certified on 07th March, 2015]
L.D.— O. 46/2007.
AN ACT TO PROVIDE FOR THE SETTING OUT OF RIGHTS AND
ENTITLEMENTS OF VICTIMS OF CRIME AND WITNESSES AND THE
PROTECTION AND PROMOTION OF SUCH RIGHTS AND
ENTITLEMENTS; TO GIVE EFFECT TO APPROPRIATE INTERNATIONAL
NORMS, STANDARDS AND BEST PRACTICES RELATING TO THE
PROTECTION OF VICTIMS OF CRIME AND WITNESSES ; THE
ESTABLISHMENT OF THE NATIONAL AUTHORITY FOR THE
PROTECTION OF VICTIMS OF CRIME AND WITNESSES; CONSTITUTION
OF A BOARD OF MANAGEMENT; THE VICTIMS OF CRIME AND
WITNESSES ASSISTANCE AND PROTECTION DIVISION OF THE SRI
LANKA POLICE DEPARTMENT; PAYMENT OF COMPENSATION TO
VICTIMS OF CRIME; ESTABLISHMENT OF THE VICTIMS OF CRIME
AND WITNESSES ASSISTANCE AND PROTECTION FUND AND FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :-
1. (1) This Act may be cited as the Assistance to and Short title.
Protection of Victims of Crime and Witnesses Act, No. 4 of
2015.
(2) The provisions of this Act, other than this section,
shall come into operation on such date or dates as the Minister
may appoint by Order published in the Gazette. Different
dates may be appointed by the Minister for the coming into
operation of different Parts of this Act.
PART I
OBJECTS OF THE ACT
2. The objects of this Act shall be to- Objects of the
Act.
(a) set out, uphold and enforce the rights and
entitlements of victims of crime and witnesses
and to provide for a mechanism to promote,
protect, enforce and exercise such rights and
entitlements ;
2—PL 008490—2,925 (09/2014)
2 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(b) provide assistance and protection to victims of
crime and witnesses ;
(c) enable victims of crime to obtain compensation
from persons convicted of having committed
offences against them ;
(d) provide for obtaining redress by victims of crime,
including restitution, compensation, reparation
and rehabilitation of such victims ;
(e) set out duties and responsibilities of the State,
judicial officers and public officers towards the
promotion and protection of the rights and
entitlements of victims of crime and witnesses ;
(f) stipulate offences that may be committed against
victims of crime and witnesses and the penal
sanctions that may be imposed on persons who
commit such offences ; and
(g) provide for the adoption and implementation of
best practices relating to the protection of victims
of crime and witnesses.
PART II
RIGHTS AND ENTITLEMENTS OF VICTIMS OF CRIME AND WITNESSES
Rights of 3. A victim of crime shall have the right :—
Victims of
Crime. (a) to be treated with equality, fairness and with respect
to the dignity and privacy of such victim ;
(b) where the victim is a child victim, to be treated in a
manner which ensures the best interests of such
child;
(c) in accordance with procedures as may be prescribed,
to receive prompt, appropriate and fair redress,
including reparation and restitution, for and in
consideration of any harm, damage or loss suffered
as a result of being a victim of a crime ;
Assistance to and Protection of Victims of 3
Crime and Witnesses Act, No. 4 of 2015
(d) to be appropriately protected from any possible
harm, including threats, intimidations, reprisals or
retaliations ;
(e) to be medically treated for any mental or physical
injury, harm, impairment or disability suffered as a
victim of a crime ;
(f) upon a request made by such victim, to be informed—
(i) by the Authority or the Division, of the legal
remedies available for the redress of any harm
which he has suffered including civil
remedies available for obtaining damages
and relevant periods of prescription
applicable thereto ;
(ii) without prejudice to any on-going
investigations being carried out by the
officer-in-charge of the relevant police station
or other authority conducting the
investigation, of the progress of the
investigation being conducted into the
complaint presented by the victim of crime,
to such police station or other authority
conducting the investigation ;
(iii) by the officer-in-charge of the relevant police
station or other authority conducting an
investigation, the Attorney-General or the
Registrar of the Court, as the case may be, of
the dates fixed for hearing and the progress
and the disposal of judicial proceedings
relating to the offence complained of by the
victim of crime, including the non-summary
inquiry, trial, appeal and application in
revision and by the Authority of the rights
and entitlements of the victim of crime
pertaining to such proceedings ;
(iv) by the officer-in-charge of the relevant
police station or other authority conducting
4 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
an investigation, the Attorney-General, the
Registrar of the Court or the Superintendent
of Prisons, as the case may be, of the dates
fixed for the—
(a) release on bail ;
(b) discharge of the suspect ;
(c) institution of criminal proceedings
against the accused ;
(d) the conviction, sentence or acquittal
of the suspect or the accused; and
(e) the release from prison of the
convict, who has committed or is
alleged to have committed and
offence against the victim of crime
and the reasons therefore ; and
(v) by the Authority of the medical, social
services and any other assistance that is or
may be available for the treatment or
amelioration of any harm caused to such
victim of crime.
(g) to present, either orally or in writing, a complaint
pertaining to the commission of an offence and to
have such complaint recorded by any police officer,
in any police station or other unit or division of the
Police Department and to have such complaint
impartially and comprehensively investigated by the
relevant investigating authority;
(h) without prejudice to any on-going investigation, to
be represented by an Attorney-at-Law during an
investigation, including criminal and forensic
investigations and magisterial inquiries into the
alleged offence committed against such victim and
make necessary representations to the appropriate
competent authorities who are conducting such
investigations ;
Assistance to and Protection of Victims of 5
Crime and Witnesses Act, No. 4 of 2015
(i) without prejudice to any on-going or concluded
investigation, to obtain certified copies of Cause of
Death forms, Post Mortem Reports, Medico-Legal
Reports, Reports of the Registrar of Finger Prints,
Reports of the Government Analyst and any other
report of an expert and reports filed in the
Magistrate’s Court by the Police, as required by
sections 115, 116 and 120 of the Code of Criminal
Procedure Act :
Provided however, where an application is made
for the purpose of obtaining certified copies of
reports referred to in this paragraph, the Magistrate
to whom such application is made shall inquire from
the police, whether the issue of such Reports would
prejudice the on-going investigations, to which
those Reports relate and where the release of any
one or more of the Reports is likely to prejudice the
on-going investigation, the Magistrate shall refuse
the issue of such Report or Reports ;
(j) to present written communications or make
representations through legal counsel to the
Attorney-General, before, during and after the
investigation into the offence alleged to have been
committed against such victim, and before and during
the conduct of judicial proceedings, including at
the non-summary inquiry, trial and appeal ;
(k) to present written communications or make
representations through legal counsel to an
investigator, who is conducting an investigation into
the offence committed against such victim of crime,
and to be entitled to receive a response in regard to
such communications or representations made ;
(l) to be present at all judicial or quasi-judicial
proceedings relating to an offence, including at the
non-summary inquiry, trial, appeals and any
application in revision, unless the court, Commission
or other tribunal determines, for reasons to be
recorded that such victims evidence would be
6 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
materially affected if he hears other evidence at such
proceedings or the due discharge of justice could
be secured only by the exclusion of such victim
from being present during the hearing of certain parts
of such proceedings ;
(m) to receive any assistance and information required
to attend and participate at judicial or quasi-judicial
proceedings pertaining to the offence committed
against him ;
(n) without prejudice to the prosecution, to be
represented by legal counsel at the several stages
of the criminal proceedings relating to the offence,
including at the non- summary inquiry, trial, appeal
and application in revision, and where a request is
made, to be provided where available with legal
assistance for such purposes ;
(o) following the conviction of the offender and prior to
the determination of the sentence, either personally
or through legal counsel, to submit to court the
manner in which the offence concerned had impacted
on his life, including his body, state of mind,
employment, profession or occupation, income,
quality of life, property and any other aspects
concerning his life ;
(p) in the event of an appeal or application in revision
being presented by a person convicted of having
committed an offence, either personally or through
legal counsel, to submit to court that adjudicates
upon such appeal or application in revision, the
manner in which the offence concerned had impacted
on his life, including his body, state of mind,
employment, profession or occupation, income,
quality of life and property and any other aspects
concerning his life ; and
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Crime and Witnesses Act, No. 4 of 2015
(q) in the event of any person in authority considering
the grant of a pardon or remission of sentence
imposed on any person convicted of having
committed an offence, to receive notice thereof and
submit through the Authority to the person granting
such pardon or remission, the manner in which the
offence committed had impacted on his life including
his body, state of mind, employment, profession or
occupation, income, quality of life, property and any
other aspects concerning his life.
4. (1) A victim of crime shall be entitled to receive a Entitlements of
a victim of
sum of money from the Authority, in consideration of the
crime.
expenses incurred as a result of the offence committed and
his participation in any judicial or quasi-judicial proceedings
before a court or Commission, pertaining to the alleged
commission of an offence or an alleged infringement of a
fundamental right or a violation of a human right.
(2) Where necessary resources are available with the State,
a victim of crime shall be entitled to claim and obtain from
the State any required medical treatment, including
appropriate medical services, medicine and other medical
facilities, in respect of physical or mental injury, harm,
impairment or disability suffered as a result of being a victim
of crime and for necessary rehabilitation and counseling
services.
(3) Where due to absence or lack of necessary resources
the State is unable to provide the services claimed by a
victim of crime under subsection (2), such victim shall be
entitled to apply to the Authority for financial assistance for
the purpose of obtaining the required medical treatment for
any physical or mental harm, injury or impairment suffered
as a result of being a victim of crime and for any necessary
rehabilitation and counseling services.
8 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
Entitlements of 5. (1) A witness shall be entitled to receive from
witnesses.
investigational, quasi-judicial and judicial authorities fair and
respectful treatment, with due regard to the dignity and privacy
of such witness.
(2) A witness shall not be harassed or intimidated, coerced
or violated during or thereafter, due to or as a consequence
of-
(a) providing information relating to the commission of
an offence or to the infringement of any fundamental
right or the violation of any human right ;
(b) volunteering to make a statement during an
investigation into any offence or an investigation
or inquiry into the infringement of any fundamental
right or the violation of any human right ; or
(c) providing testimony in a court or before a
Commission relating to the alleged commission of
an offence or an alleged infringement of a
fundamental right or a violation of a human right.
(3) A witness shall be entitled to protection against any
real or possible harm, threat, intimidation, reprisal or retaliation
resulting from such witness having provided information or
lodged a complaint or made a statement to any law
enforcement authority or for having provided any testimony
in any Court or before a Commission or for instituting legal
proceedings, pertaining to the commission of an offence or
for the infringement of a fundamental right or for a violation
of a human right, by any person.
Persons to be 6. A person who is neither a victim nor a witness, shall
entitled to be entitled to claim protection against :
protection in
certain
circumstances. (a) any harassment, intimidation, coercion, violation or
suffering from loss or damage in mind, body or
reputation ; or
Assistance to and Protection of Victims of 9
Crime and Witnesses Act, No. 4 of 2015
(b) any adverse change to his condition of employment,
due to or as a result of such person having provided
information, lodged a complaint or made a statement to
any law enforcement authority or to any Court or
Commission or of having given a testimony in any Court
or before a Commission, pertaining to the commission of
an offence or an infringement of any fundamental right or
the violation of a human right, at such persons’ place of
employment or in the employment environment of such
person.
7. It shall be the duty of every public officer including Duty of public
the members of the armed forces and police officers and every and judicial
officers to
judicial officer, to recognize, protect and promote rights and respect etc.
entitlements referred to in sections 3, 4, 5 and 6 of this Act. rights and
entitlements.
PART III
OFFENCES AGAINST VICTIMS OF CRIME AND WITNESSES
8. (1) Any person who- Offences against
victims of crime
and witnesses.
(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
10 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(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 11
Crime and Witnesses Act, No. 4 of 2015
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
12 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(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 13
Crime and Witnesses Act, No. 4 of 2015
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.
14 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(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.
Attempting or 9. Any person who attempts to commit, instigates or
instigating the intentionally aids any other person to commit or engages in
commission of
an offence under any conspiracy for the commission of any offence referred
section 8, to be to in section 8, shall be guilty of an offence and shall on
an offence. conviction by the High Court be sentenced to the same
punishment provided for that offence, by that section.
Assistance to and Protection of Victims of 15
Crime and Witnesses Act, No. 4 of 2015
10. (1) (a) An offence under section 8 or 9 shall be An offence
cognizable and non-bailable and no person under section 8
suspected, accused or convicted of such and and 9 to be
cognizable and
offence shall be enlarged on bail, unless
non-bailable.
under exceptional circumstances by the Court
of Appeal.
(b) When enlarging a person on bail, the Court of
Appeal shall have the power to impose a
condition prohibiting communication with or
coming into close proximity with the person
in respect of whom the suspect is alleged to
have committed the offence, and with any
other persons who may be specified in the
order granting such bail.
(2) A trial against a person accused of having committed
any offence under section 8 or under section 9 shall be taken
up before any other business of that court and shall be held
on a day to day basis and not be postponed during the course
of such trial, except due to unavoidable circumstance which
shall be specifically recorded.
(3) If after an inquiry by a Court, it is found that there
exists prima-facie material to conclude that a person who at
the relevant point of time was on bail in respect of any offence
alleged to have been committed by him, has committed an
offence under section 8 or section 9, the bail granted to such
person by the Court which conducted the inquiry shall be
cancelled and such person shall be placed on remand till the
end of the trial in respect of the offence which he had been
enlarged on bail.
PART IV
ESTABLISHMENT OF THE NATIONAL AUTHORITY FOR THE
PROTECTION OF VICTIMS OF CRIME AND WITNESSES
11. (1) There shall be established an Authority which National
shall be called the National Authority for the Protection of Authority for
Victims of Crime and Witnesses (in this Act referred to as the the Protection
of Victims of
“Authority”).
Crime and
Witnesses.
16 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(2) The Authority shall, by the name assigned to it by subsection
(1), be a body corporate with perpetual succession and have a
common seal, and may sue and be sued in such name.
Board of 12. (1) The administration and management of the affairs
Management of of the Authority shall be vested in a Board of Management
the Authority.
(hereinafter referred to as the “Board”) which shall consist
of :—
(a) the following ex-officio members—
(i) the Secretary to the Ministry of the Minister
in charge of the subject of justice or an
Additional Secretary to the said Ministry,
nominated by such Secretary;
(ii) the Secretary to the Ministry of the Minister
in charge of the Police Department or an
Additional Secretary to the said Ministry,
nominated by such Secretary;
(iii) the Secretary to the Ministry of the Minister
in charge of the subject of Women’s Affairs
or an Additional Secretary to the said
Ministry, nominated by such Secretary;
(iv) the Secretary to the Ministry of the Minister
in charge of the subject of Children or an
Additional Secretary to the said Ministry,
nominated by such Secretary;
(v) a member of the Human Rights Commission
of Sri Lanka established by the Human
Rights Commission of Sri Lanka Act, No.21
of 1996, nominated by such Commission;
(vi) a nominee of the Attorney-General; and
Assistance to and Protection of Victims of 17
Crime and Witnesses Act, No. 4 of 2015
(vii) a nominee of the Inspector General of Police
holding the rank of a Senior Deputy
Inspector General of Police:
Provided that where the subjects specified
in sub-paragraphs (iii) and (iv) of this
paragraph are assigned to or remain in
charge of a single Minister, the Secretary to
the Ministry of that Minister alone shall be
eligible to become a member of the Board
under this paragraph;
(b) five appointed members, selected from among
persons who are academically or professionally
qualified and have experience in professions or
fields of professional activity associated with
criminology, the criminal justice system, the
promotion and protection of human rights or
medicine appointed by the President.
(2) The President shall, designate as the Chairman of the
Board, a member from among the members of the Board who
shall also be the chairman of the Authority.
(3) The provisions of the Schedule to this Act shall apply
to and in relation to the appointment of the members of the
Board, the meetings of the Board, remuneration payable to
the members and the seal of the Board.
13. (1) The duties and functions of the Authority shall Duties and
be to— functions of the
Authority.
(a) promote the recognition of and respect for the rights
of victims of crime;
(b) promote the recognition of and respect for the
entitlements of witnesses;
18 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(c) protect or cause to be protected the rights of victims
of crime and entitlements of witnesses;
(d) on receiving a complaint or any information
regarding an alleged infringement or imminent
infringement of any right or entitlement of a victim
of crime or a witness, investigate and inquire into
such alleged infringement or imminent infringement
and to require any relevant authority to take such
appropriate corrective measures in that regard, in
order to ensure the protection and promotion of the
rights and entitlements of victims of crime and
witnesses provided by this Act;
(e) provide necessary assistance to victims of crime
and witnesses, including appropriate measures for
their treatment, reparation, restitution and
rehabilitation;
(f) make an award for payment of compensation to a
victim and for that purpose develop and implement
a scheme for the grant of compensation to victims
of crime from the Victims of Crime and Witnesses
Assistance and Protection Fund established under
section 29 of this Act;
(g) create awareness among the public regarding the
rights and entitlements of victims of crime and
witnesses provided by this Act;
(h) advice and make recommendations to the Sri Lanka
Police Department and any other government
department, statutory institution and to public
officers, either generally or on a case by case basis,
on appropriate and specific measures that should
be adopted or implemented to give effect to the
rights and entitlements of victims of crime and witnesses
and in particular regarding the provision of—
(i) effective protection;
Assistance to and Protection of Victims of 19
Crime and Witnesses Act, No. 4 of 2015
(ii) necessary treatment, rehabilitation and
counseling; and
(iii) other appropriate assistance,
to victims of crime and witnesses.
(i) review existing policies, legislation and the
practices and procedures being adopted and
followed by various authorities, to ensure their
conformity with recognized standards and best
practices relating to the promotion and protection
of the rights and entitlements of victims of crime
and witnesses, and based on such review, to make
recommendations regarding the adoption,
amendment and application of appropriate policies,
legislation and practices;
(j) make available on request to any Court or a
Commission or any other person information on
best practices pertaining to the reception of
evidence of victims of crime or witnesses through
contemporaneous or near contemporaneous audio-
visual linkage;
(k) take measures to sensitize public officers involved
in the enforcement of the law, including officers of
the Sri Lanka Police, the Prisons Department,
government medical officers and public officers
associated with probation and social services, on
the needs of victims of crime and witnesses and on
any special needs of particular categories of victims
of crime, arising as a result of the harm inflicted or
possible harm that may be inflicted on them due to
their age, gender, religion, language, cultural beliefs
and practices, ethnic or social origins or disabilities
or any other reason;
(l) promote and ensure the observance and application
of codes of conduct and recognized norms and best
practices relating to the protection of the rights and
20 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
entitlements of victims of crime and witnesses, by
Courts, Commissions, any other tribunals, public
officers and employees of statutory bodies involved
in the enforcement of the law, including officers of
the Sri Lanka Police, the Prisons Department,
government medical officers and officers of
government social service institutions;
(m) conduct or promote the conduct of research into
ways and means in which—
(i) incidents of crime can be reduced;
(ii) impact of specific crimes on victims could
be minimized or prevented;
(iii) victims of crime can be effectively treated,
rehabilitated, counseled, assisted,
compensated and protected;
(iv) a conducive environment could be
created for witnesses to make statements
before the law enforcement authorities or
to testify fearlessly at proceedings before
courts, any Commissions and other
tribunals; and
(v) assistance and protection could be
provided to victims of crime and
witnesses;
(n) recommend to appropriate government institutions,
social, health, educational, economic and crime
prevention policies that may be adopted by such
institutions for the reduction of incidents of crime
and for facilitating assistance and protection being
provided to victims of crime and witnesses;
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Crime and Witnesses Act, No. 4 of 2015
(o) promote the development, adoption and
implementation of measures of restitution to victims
of crime as a sentencing option in the criminal
justice system;
(p) promote the development and implementation of
measures of restorative justice as a method of
administering criminal justice and as a sentencing
option in the criminal justice system;
(q) develop, adopt and implement a scheme for
providing assistance and protection to victims of
crime and witnesses;
(r) issue guidelines pertaining to the establishment and
maintenance of the Victims of Crime and Witnesses
Assistance and Protection Division;
(s) present annually to Parliament, a report on the:—
(i) manner in which the Authority has given
effect to the objects of this Act;
(ii) performance and discharge of the duties
and functions of the Authority; and
(iii) proposals for necessary policy and
legislative reforms.
(t) do or perform any further functions and activities
that may be necessary to achieve the objects of this
Act.
(2) Where the Authority makes any recommendations to
any person or authority or requires any person or authority
to carry out any measures under subsection (1), it shall be
the duty of such person or authority:—
(a) to give effect to such recommendation or carry out
such measure and report back to the Authority of
such fact; or
22 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(b) where the person or the authority concerned is
unable to give effect to the recommendations or
carry out the measures, to report back to the
Authority of such inability, giving reasons for the
same.
(3) For the purpose of ensuring that any recommendations
or the measures are given effect to or carried out adequately
and in a proper manner by the person or authority concerned
under paragraph (a) of subsection (2), the Authority shall
monitor all activities performed by such person or authority
in giving effect to the recommendations or carrying out the
measures concerned.
Powers of the 14. (1) The Authority shall have the power—
Authority.
(a) for the purpose of conducting an
investigation or an inquiry into an alleged or
an imminent infringement of a right or
entitlement of a victim of crime or witness,
to:—
(i) require any person other than a
judicial officer or a Commissioner
of a Commission to appear before
the Authority and to participate in
an investigation or inquiry;
(ii) require any person other than a court
or a Commission, to produce before
the Authority any document, a
certified copy thereof or other
material in his or its possession or
custody, including the reports of
investigations, information book,
extracts and officers visiting book
extracts of the police, for examination
and copying;
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(iii) require any person other than a court
or a Commission to provide to the
Authority in writing, any
information which it or he is likely
to possess;
(iv) interview and record the statement
of any person other than that of a
judicial officer or a Commissioner
of any Commission;
(v) make an application to any court or
Commission and be entitled to
obtain certified copies of any
proceedings of any case, action or
other proceedings of such Court or
Commission and documents and
other material that may be filed of
record in a case record or a file of
such court or Commission;
(vi) enter into, inspect, examine or
observe and record any event,
location or process taking place in
any place, including an
investigation, inquiry, trial or other
proceeding;
(vii) make an appropriate order and to
direct, advice or recommend the
adoption of such measures for the
promotion or protection of the rights
and entitlements of the victim of
crime or a witness or for remedying
any damage caused as a result of the
infringement of the rights or
entitlement of the relevant victim of
crime or the witness;
24 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(b) acquire, hold, take or give on lease or hire,
mortgage, pledge, sell or otherwise dispose
of any movable or immovable property;
(c) enter into such contracts as may be necessary
for the performance and discharge of it’s
duties and functions;
(d) invest monies lying to the credit of its Fund
in an appropriate and secure manner and open
and maintain current, savings or deposit
accounts in banks;
(e) appoint, dismiss and exercise disciplinary
control over officers, consultants and advisors
as may be necessary for the proper
performance and discharge of it’s duties and
functions;
(f) subject to the provisions of section 24(3).
solicit, accept and receive donations, gifts,
bequests and grants from sources within or
outside Sri Lanka and to apply the same for
the proper discharge of it’s duties and
functions;
(g) exercise all such other and further powers as
may be necessary for the proper performance
and discharge of it’s duties and functions
under this Act.
(2) Any person who fails to comply with any requirement
imposed by the Authority under paragraph (a) of subsection
(1) shall be guilty of an offence of contempt of the Authority.
(3) Every offence of contempt committed against the
Authority shall be punishable by the Supreme Court as
though it were an offence of contempt committed against the
authority of that Court and the Supreme Court is hereby
vested with jurisdiction to try every such offence.
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(4) Where the Authority determines that a person is guilty
of an offence of contempt under subsection (2), against the
Authority, the Authority may transmit to the Supreme Court,
a certificate setting out such determination. Every such
Certificate shall be signed by the chairman of the Authority.
(5) In any proceedings for the punishment of an offence
of contempt which the Supreme Court may think fit to take
cognizance of, as provided in this section, any document
purporting to be a certificate signed and transmitted to the
Court under subsection (4) shall—
(a) be received in evidence, and be deemed to be such
a certificate without further proof, unless the
contrary is proved; and
(b) be evidence that the determination set out in the
certificate was made by the Authority and of the
facts stated in the determination.
(6) In any proceeding taken as provided in this section
for the punishment of any alleged offence of contempt
against the Authority no member of the Authority shall,
except with his own consent and notwithstanding anything
to the contrary in this Act, be summoned or examined as a
witness.
15. (1) There shall be a Director-General of the Authority Appointment of
who shall be a person professionally qualified and Director-
General.
experienced in professional activity associated with the
criminal justice system or law enforcement.
(2) The Director-General shall be appointed by the Board.
(3) The Director-General shall be the chief executive officer
of the Authority and shall be responsible for carrying out all
such duties necessary for the management and administration
of the affairs of the Authority.
26 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(4) The Board may delegate to the Director-General any of
the duties and functions of the Authority and such of its
powers as may become necessary, to perform and discharge
the duties and functions so delegated.
Investigations 16. (1) An investigation by the Authority into any
and Inquiries. complaint or information regarding an alleged infringement
or imminent infringement of a right or entitlement of a victim
of crime or of a witness, shall be carried out on its behalf by
an officer of the Authority, nominated by the Authority who
shall submit the report of such investigation including the
notes of such investigation to the Board.
(2) (a) where the Board is of the opinion that such
report discloses an alleged infringement or
imminent infringement of a right or
entitlement of a victim of crime or of a
witness, the Board shall appoint a Panel
consisting of three members of the Board,
elected by the members from among
themselves to conduct an inquiry;
(b) the Board shall nominate one of the members
of the Panel to be its Chairman.
(3) The provisions of sub-paragraphs (i) to (iv) of
paragraph (a) of section 14 shall apply to and in respect of
the conduct of an inquiry by a Panel.
(4) In the case of a division of opinion among the
members of the Panel regarding any matter being inquired
into by it, the opinion of the majority shall prevail.
(5) At the conclusion of an inquiry under this section,
the Panel shall submit to the Board a report on the same,
along with its recommendations on the matter inquired into.
(6) On receipt of the report of a Panel, the Board shall take
such action on the same as to it shall deem fit and appropriate.
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17. In the conduct of an inquiry under this Act, the panel Director-
may be assisted by the Director-General. General to assist
in the inquiry.
18. (1) The Authority shall have its own Fund. Fund of the
Authority and
(2) There shall be credited to the Fund of the Authority:— its financial
year.
(a) all such sums of money as may be voted from
time to time by Parliament for the use of the
Authority; and
(b) all such sums of money as may be received by
the Authority by way of donations, gifts,
bequests and grants from sources within or
outside Sri Lanka.
(3) All sums of money required to defray expenditure
incurred by the Authority in the exercise and performance
of its duties and functions under this Act, shall be paid out
of the Fund of the Authority.
(4) The Board shall cause proper accounts to be kept of
the receipts and expenditure, assests and liabilities and all
other transactions of the Authority.
(5) The financial year of the Authority shall be the
calendar year.
PART V
VICTIMS OF CRIME AND WITNESSES ASSISTANCE AND PROTECTION
DIVISION.
19. (1) The Inspector General of Police shall, in Victims of Crime
consultation with and following such guidelines as shall be and Witnesses
issued by the Authority for the purpose, establish and Assistance and
Protection
maintain a Division to be called the ‘Victims of Crime and
Division.
Witnesses Assistance and Protection Division’ (in this Act
referred to as the “Division”), for the purpose of providing
assistance and protection to victims of crime and witnesses.

28 Assistance to and Protection of Victims of
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(2) A Senior Superintendent of Police, who comes under
the supervision of the nominee of the Inspector General of
Police appointed as a member of the Board referred to in
section 12(1) (a) (vii) shall be placed in charge of the
Division.
(3) The duties of the Division shall be to—
(a) provide effective and necessary protection to
victims of crime and witnesses ; and
(b) investigate by itself or with the assistance of any
other police officer, into, complaints, allegations or
information pertaining to threats, reprisals,
intimidations, retaliations or any harm, harassment,
coercion or violation being committed on victims
of crime and witnesses and their property and any
offence committed under section 8 or section 9 of
this Act.
Victims of Crime 20. (1) The Division shall draw up and implement in
and Witnesses
compliance with the guidelines issued by the Authority for
Assistance and
Protection that purpose, a ‘Victims of Crime and Witnesses Assistance
programme. and Protection Programme’ which shall provide for taking
effective measures necessary to assist and protect victims of
crime and witnesses, from potential or existing threats, harm,
reprisals, retaliations and intimidations.
(2) It shall be the duty of the Division to take all such
steps as may be necessary to create awareness among the
public about the Victims of Crime and witnesses Assistance
and Protection Programme drawn up by it under subsection
(1), including what action may be taken by a victim of crime
or a witness in the event of facing any threat, harm, reprisal,
retaliation, intimidation and the manner in which victims of
crime or witnesses may apply for and obtain assistance and
protection under such Programme.
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(3) The Division may undertake the admission of a victim
of crime or witness into its Victims of Crime and Witnesses
Assistance and Protection Programme, on:—
(a) a request made by a victim of crime or a witness;
(b) a recommendation made by the Authority;
(c) a report submitted by any law enforcement
Authority or a public officer; or
(d) a notification received from a court or a
Commission.
(4) The provision of assistance and protection to a victim
of crime or witness shall be effected by the Division after the
conduct of a threat assessment and with the consent of the
victim of crime or witness concerned.
(5) Prior to the implementation of the Victims of Crime
and Witnesses Assistance and Protection Programme, the
Division may require the victim of crime or witness
concerned, to enter into a memorandum of understanding
with the Division.
PART VI
ENTITLEMENT OF A VICTIM OF CRIME OR WITNESS TO OBTAIN
PROTECTION
21. (1) A victim of crime or a witness who has Duty to provide
reasonable grounds to believe that any harm may be inflicted protection to
victims of crime
on him due to his cooperation with, or participation in, any and witnesses.
investigation or inquiry into an offence or into the
infringement of a fundamental right or the violation of a human
right being conducted or his intended attendance at or
participation in any judicial or quasi-judicial proceeding, shall
be entitled to seek protection from such real or anticipatory
harm.
30 Assistance to and Protection of Victims of
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(2) A request for protection under subsection (1), may be
made to the Authority, the Division, a Court before which the
relevant judicial proceedings are scheduled to commence or
where proceedings are pending or have been conducted, to a
Commission or to the officer-in-charge of any police station.
Nature, 22. (1) Upon a consideration of the need for protection,
commencement, the availability of necessary resources and subject to the
duration and
termination of prevailing laws, the measures that the Authority, the Division
the grant of or a Commission, may provide to a victim of crime or a witness
protection. may include—
(a) security to the person and property;
(b) temporary accommodation including shelters;
(c) permanent re-location with the consent of the victim
of crime or witness as the case may be;
(d) temporary or permanent employment;
(e) re-identification;
(f) any other measure which the Authority, the
Division or a Commission, shall consider necessary.
(2) The Authority, the Division or a Commission, may
provide protection to any victim of crime or any witness
immediately upon the receipt of any information or
complaint from such person, whether during or after the
conduct of a criminal investigation, before, during or after
any investigation or inquiry by a Commission and before,
during or after any judicial proceedings.
(3) When providing protection or assistance to any victim
of crime or witness, the Division shall act in accordance
with the advice and recommendations made by the Authority.
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(4) Where a request is made by the Division to any
Ministry, Government Department, statutory institution or
any public officer for assistance in providing protection or
assistance to any victim of crime or a witness, it shall be the
duty of such Ministry, Government Department or statutory
institution or such public officer, unless unable to do so for
reasons assigned, to provide the protection or assistance
directly to the victim of crime or the witness concerned or to
provide the assistance requested for by the Division.
(5) The Authority, the Senior Superintendent of Police in
charge of the Division or a Commission shall cease to provide
protection or assistance to any victim of crime or witness,
where—
(a) the need for such protection or assistance no longer
exists; or
(b) such victim of crime or witness—
(i) requests that such protection or assistance
be terminated;
(ii) refuses to receive such protection or
assistance;
(iii) abuses the protection or assistance granted;
(iv) commits any breach of the peace or commits
an indictable offence;
(v) acts contrary to the terms of the memorandum
of understanding entered into; or
(vi) is found to have provided any false
information, statement, complaint or
testimony in order to obtained protection or
assistance or having obtained assistance or
protection in terms of this Act, provides false
information, statement, complaint or
testimony to any law enforcement Authority,
Court or Commission.
32 Assistance to and Protection of Victims of
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Officer in charge 23. An officer-in-charge of a police station who is in
of a police receipt of a request made under section 21, shall take
station to take
necessary steps necessary steps to forthwith investigate or inquire into the
on receipt of a request received and if circumstances so require,
request by a immediately provide any necessary protection and
victim of crime
communicate the receipt of such request and information
or a witness.
pertaining to action taken by him following the receipt of
such request, including his findings pertaining to the
information received, to the Authority and to the Division.
Authority or a 24. (1) With the view to protecting the interests of
Commission to vulnerable victims of crime or witnesses under exceptional
protect
vulnerable circumstances, the Authority may, either acting on a
victims and notification received from a Court or from a Commission or
witnesses. on its own motion, by itself or with the assistance of any
designated public officer or any other person or organization,
directly provide protection to such a victim of crime or a
witness.
(2) (a) With the view to protecting the interest of
vulnerable victims of crime or witnesses, a
Commission may, after prior notice to the
Authority, acting on a request by a victim of a
crime or a witness or on its own motion by
itself or with the assistance of any designated
public officer, directly provide protection to
such a victim of crime or a witness, whose
statement or testimony the Commission intends
to record or has already recorded.
(b) In the situation referred to in paragraph (a), the
Division shall provide protection to the victim
of crime or witness, only with the prior approval
of the Commission concerned and after the issue
to the Authority of a notice pertaining to the
same.
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Crime and Witnesses Act, No. 4 of 2015
(c) In a situation where a Commission decides by
itself or with the assistance of a designated
public officer to provide protection to a victim
of crime or witness, the Commission shall not
obtain for such purpose the advice, services or
assistance, including resources, from any
person other than a public officer:
Provided however, the Commission may at
any time transfer the responsibility of
providing protection to such a victim of crime
or a witness, to either the Authority or the
Division, and where the responsibility is so
transferred, it shall be the duty of the Authority
or the Division, to undertake to provide the
necessary protection to such a victim of crime
or witness.
(3) The Authority, the Division or a Commission shall
not solicit or obtain any assistance from any foreign
government or national, foreign or international
organization, in providing assistance or protection to a
victim of crime or a witness, without the prior sanction of
the Attorney-General and the Secretary to the Ministry of
the Minister in charge of the subject of Foreign Affairs the
grant of which shall be considered and decided upon by the
Attorney-General and such secretary as expeditiously as
possible.
25. (1) A Court or a Commission which has reasonable Protection to be
grounds to believe that a victim of crime or a witness in any prescribed by
Courts and
judicial or quasi-judicial proceeding before such court or
Commissions.
before such Commission, requires assistance or protection
from harm, threat, reprisal, retaliation or intimidation or
assistance to attend and participate in such judicial or quasi-
judicial proceedings, such Court or the Commission shall,
subject to the provisions of subsection (2), take all necessary
steps to cause such assistance and protection to be provided
to such victim of crime or witness.
34 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(2) The protection and assistance that may be provided to
any victim of crime or witness under subsection (1), shall not
cause any prejudice to the rights and entitlements of the
person suspected or accused of the offence concerned or the
infringement of the fundamental right or the violation of the
human right, of the victim of crime or witness concerned.
(3) The protection and assistance that may be provided
under subsection (1), may include:—
(a) the adoption of special measures to protect the
rights of children and to ensure the best interests of
child victims of crime and child witnesses.
(b) the conduct of either the entirety or part of the
judicial or quasi- judicial proceedings in camera;
(c) the adoption of measures necessary to prevent the
victim of crime or the witness concerned from being
unnecessarily harassed, intimidated, coerced,
violated or influenced by seeing the accused present
at the venue of the trial or inquiry;
(d) the prevention of the identity of and the background
information pertaining to the victim of crime or the
witness from being disclosed; and
(e) the adoption of appropriate measures to prevent
disclosure of the identity and the entirety or part of
the testimony of such victim of crime or witness, to
persons other than the accused concerned and his
legal representative. The measures adopted shall
include the power to direct media institutions, media
personnel and other specified persons from
publishing, broadcasting, telecasting or otherwise
disseminating information pertaining to the
identity of the victim of crime or the witness
concerned.
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Crime and Witnesses Act, No. 4 of 2015
(4) Notwithstanding the provisions of subsection (1), a
Court or a Commission may by a notification issued in that
behalf, request the Authority or the Division to provide to a
victim of crime or a witness the protection referred to therein.
On receipt of such a request, it shall be the duty of the
Authority or the Division to take all necessary measures to
provide the protection requested for to the victim of crime
or the witness concerned, where after conducting any
necessary inquiries it is of the view that the need to provide
such protection, is well founded.
26. A law enforcement authority or any public officer, Protection to be
who has reasonable grounds to believe that a victim of crime provided by law
enforcement
or a witness requires assistance or protection from any
authorities and
possible harm, threat, reprisal, retaliation or intimidation in public officers.
attending and participating in any judicial or quasi-judicial
proceedings, such law enforcement authority or the public
officer shall forthwith issue a communication to that effect
to the Authority and to the Division.
27. (1) Any victim of crime or a witness who has received Duties of victims
any assistance or protection under this Act, shall not— of crime and
witnesses
receiving
(a) abuse such assistance or protection granted; protection and
assistance.
(b) provide false information or testimony to any
investigating agency, a Court or a Commission; or
(c) act contrary to the terms of the memorandum of
understanding entered into with the Authority, the
Division or the Commission, which provided the
assistance or protection concerned.
(2) Where a victim of crime or witness acts in
contravention of the provisions of subsection (1), any officer
or authority who or which provided assistance or protection
under this Act to such victim of crime shall discontinue the
assistance or protection provided to such victim of crime or
witness under this Act.
36 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
PART VII
COMPENSATION
Compensation. 28. (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;
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Crime and Witnesses Act, No. 4 of 2015
(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
38 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
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.
Victims of Crime 29. (1) There shall be a fund called the Victims of Crime
and Witnesses and Witnesses Assistance and Protection Fund (hereinafter
Assistance and referred to as the “Protection Fund”).
Protection Fund.
(2) The Protection Fund shall be administered and
managed by the Board.
(3) There shall be paid into the Protection Fund—
(a) all such sums as may be voted by the parliament for
such Fund;
(b) all such sums as may be received by the Authority
to be remitted to the Protection Fund by way of any
gift, donation, contribution, bequest and grant from
any local or foreign sources; and
(c) all such monies remitted by a Court under subsection
(1)(a) (ii) of section 28 :
Provided that any money collected by a Court in
the form of a fine, shall not be remitted to the
Protection Fund.
(4) There shall be paid out of the Protection Fund all such
sums as may be determined by the Board for the payment
of—
(a) compensation to victims of crime for any physical
or mental harm or loss or damage to property;
Assistance to and Protection of Victims of 39
Crime and Witnesses Act, No. 4 of 2015
(b) compensation to dependent family members,
dependent next of kin and any other person
dependent on a victim of crime who had died or
been physically or mentally incapacitated as a result
of being a victim of crime.
(5) The Director-General shall be the principal accounting
officer of the Protection Fund and shall cause proper accounts
to be kept of the income and expenditure and assets and
liabilities of such Fund.
(6) The financial year of the Protection Fund shall be the
calendar year.
30. (1) A victim of crime shall be entitled to apply to Entitlement to
the Authority— apply for
compensation
and assistance.
(a) for the payment of compensation in respect of any
physical or mental injury or impairment caused and
for any loss or damage to property, suffered as a
result of being a victim of a crime; and
(b) for the payment of monies required to obtain
medical treatment or rehabilitation or counseling
services, in relation to any physical or mental injury
or impairment suffered by such victim as a result of
being a victim of crime.
(2) In determining whether compensation should be paid
to a victim of crime who makes an application under subsection
(1), the Authority shall take into consideration any sum of
money already received by such victim of crime as
compensation under section 28 or received by him on an
order made by any Court or otherwise received by him from
any other source.
40 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(3) Where any compensation or expense is paid to a victim
of crime under subsection (1) prior to an award being made
by a Court for the payment of compensation to such victim of
crime, the payment made by the Authority under subsection
(1) shall be deemed to be an interim relief being granted to
such victim of crime, pending the award of compensation by
a Court.
(4) In the grant of compensation and any expenses to a
victim of crime under subsection (1) of this section, it shall be
the duty of the Authority to comply with the requirements of
any regulation that may be made in that behalf.
PART VIII
TESTIMONY THROUGHAUDIO-VISUALLINKAGE
Recording of 31. (1) Notwithstanding anything to the contrary in
evidence or any other law a Court conducting an identification parade, a
statement
through non summary inquiry or any other inquiry or a trial, or a
contempor- Commission conducting an investigation or inquiry or any
aneous audio- law enforcement authority conducting an investigation,
visual linkage.
may, if it be in the best interest of justice and is found
necessary:—
(a) as a measure of protection to be afforded to a victim
of crime or witness; or
(b) on grounds of expediency,
Record any evidence or a statement of such victim of
crime or witness, by securing such testimony or statement
without his personal attendance before such Court,
Commission or law enforcement authority through
technical means by which contemporaneous or near
contemporaneous audio-visual linkage between the
Court, the Commission or the law enforcement authority,
Assistance to and Protection of Victims of 41
Crime and Witnesses Act, No. 4 of 2015
and any other location (hereinafter referred to as the
“remote location”) within Sri Lanka, from where such
person testifies or makes the statement, could be
established.
(2) Subject to the provision of section 32 the Court, the
Commission or the law enforcement authority shall, prior to
the reception and recording of the testimony or statement in
terms of subsection (1), satisfy itself that the audio-visual
linkage concerned is technically accurate and reliable and a
judicial officer or a public officer designated by the Court, the
Commission or the law enforcement authority concerned is
present at such remote location, from where the victim of
crime or witness seeks to testify or make the statement.
(3) Prior to commencing the reception and recording of
the testimony or statement of the victim of crime or witness
from the remote location designated under subsection (2),
the Court, the Commission or the law enforcement authority
concerned shall, on the recommendation of the Attorney-
General and the Secretary to the Ministry of the Minister
and subject to the provisions of section 32, obtain from the
Authority financial and other resources necessary for the
establishment and the functioning of the relevant audio-
visual linkage.
(4) For the purposes of this section “Court” means a Court
before which any criminal proceedings are being conducted.
32. (1) (a) Where the Attorney-General and the Authority not
Secretary to the Ministry of the Minister required to
provide
recommends, that :-
assistance under
section 31 in
(i) it is not in the national interest certain
including national security, to circumstances.
obtain the testimony or statement
of the victim of crime or witness
concerned from the remote
location ;
42 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
(ii) it would not be feasible to secure
the testimony or the statement of
the relevant victim of crime or
witness from the remote location,
identified under subsection (1) of section
31, the Attorney-General shall convey
his opinion to the Court, Commission or
the law enforcement authority
concerned.
(b) Where the Attorney-General is of the
opinion that it would be in the interest of
justice to secure such testimony or
statement from any other appropriate
alternate remote location, the Attorney-
General may recommend to the court, the
Commission or the law enforcement
authority of such alternate location.
(2) (a) Where the Attorney-General has expressed an
opinion that the recording of evidence or the
securing of a statement of any victim of crime
or witness from a particular remote location is
inappropriate, the Court, the Commission or law
enforcement authority concerned, shall not
proceed to receive and record the testimony or
statement of the relevant victim of crime or
witness through contemporaneous audio-
visual linkage from such remote location, and
consequently the Authority shall not be
required to provide any necessary assistance
and financial or other resources to the Court,
the Commission or the law enforcement
authority under subsection (3) of section 31.
(b) where the Court, the Commission or the law
enforcement authority, decides to change the
Assistance to and Protection of Victims of 43
Crime and Witnesses Act, No. 4 of 2015
remote location to the location recommended
by the Attorney-General under subsection (1),
such Court, Commission or the law enforcement
authority, may proceed to obtain the assistance
of the Authority under subsection (3) of section
31.
33. (1) A Court or a Commission intending to record Procedure in
the testimony of a victim of crime or witness under the recording
provisions of section 31, shall initially cause the statement testimony or
to be recorded and serve such statement on the Attorney- statement.
General, the victim of crime or witness and on any person
whose legal rights may be affected by such testimony or on
their legal representatives and issue not less than thirty days
notice, to all such parties concerned, of the scheduled date
of recording of the testimony of the victim of crime or witness
concerned.
(2) The judicial officer or the person designated by a Court
or Commission under subsection (2) of section 31, to be
present at the remote location concerned from which the victim
of crime or witness proposes to testify or make the statement,
shall be required to make his observations, where necessary
by interviewing the victim of crime or witness concerned and
any other relevant person and submit a report to the Court or
the Commission containing such matters as may be
prescribed.
(3) The Court or the Commission shall upon considering
the contents of the report submitted under subsection (2),
and any other relevant material before such court or
Commission, reach its decision as to whether it would be in
the best interests of justice to receive the evidence or
statement concerned given through such contemporaneous
audio-visual linkage, and on the admissibility and use of
such evidence or statement recorded.
44 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
Receiving or 34. No Court, Commission or law enforcement authority
recording shall receive or record the testimony or statement of any
testimony
victim of crime or witness through contemporaneous audio-
through audio-
visual linkage to visual linkage, save and except in accordance with
be according to requirements laid down for the same by the provisions of
this part. this part of this Act.
PART IX
GENERAL
Interference in 35. Any person who without lawful authority interferes
the discharge of or obstructs or attempts to interfere or obstruct any Court,
duties etc. Commission, Authority, Board, Division or any public or
judicial officer, in the exercise, discharge or performance of
any power, function or duty, under this Act, shall be guilty
of an offence under this Act and shall on conviction by the
High Court be liable to a term of imprisonment not exceeding
seven years and to a fine not exceeding rupees twenty
thousand.
Secrecy. 36. (1) Unless it becomes necessary for the purposes of
giving effect to the provisions of this Act, no person shall in
any judicial or quasi-judicial proceedings, be compelled to
divulge whether a victim of crime or a witness is receiving
or has received assistance or protection under this Act.
(2) No person shall otherwise than for the purpose of
giving effect to the provisions of this Act or in compliance
with the provisions of any other law, divulge to any other
person whether a victim of crime or a witness is receiving or
has received assistance or protection under this Act.
Assessment of 37. In assessing the credibility of a testimony given by
credibility of a a victim of crime or witness in any Court or Commission, the
testimony.
fact that a victim of crime or a witness is receiving or has
received any assistance or protection under this Act, shall
not be relevant.
Assistance to and Protection of Victims of 45
Crime and Witnesses Act, No. 4 of 2015
38. The provisions of this Act shall have effect Provisions of
notwithstanding anything to the contrary in any other written this Act to
law and accordingly, in the event of any conflict or prevail over
other laws.
inconsistency between the provisions of this Act and such
other written law, the provisions of this Act shall prevail.
39. (1) The provisions of Article 154 of the Constitution Audit of
relating to the audit of the accounts of public corporations Accounts.
shall apply to and in relation to the audit of the accounts of
the Fund of the Authority and the Protection Fund.
(2) The provisions of Part II of the Finance Act, No. 38 of
1971 shall mutatis mutandis apply to the financial control
and accounts of the Funds referred to in subsection (1).
40. (1) At the request of the Authority, any officer in the Appointment of
public service may, with the consent of that officer, the public officers to
the staff of the
Secretary of the Ministry by or under which that officer is
Authority.
employed, and the Secretary to the Ministry of the Minister
in charge of the subject of Public Administration, be
temporarily appointed to the staff of the Authority for such
period as may be determined by the Authority or with like
consent be permanently appointed to the staff of the
Authority.
(2) Where any officer in the public service is temporarily
appointed to the staff of the Authority the provisions of
subsection (2) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis,
apply to and in relation to him.
(3) Where any officer in the public service is permanently
appointed to the staff of the Authority, the provisions of
subsection (3) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis,
apply to and in relation to him.
(4) Where the Authority employs any person who has
entered into a contract with the government by which he has
agreed to serve the Government for a specified period, any
46 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
period of service to the Authority by that person shall be
regarded as service to the Government for the purpose of
discharging the obligations of such contract.
Officials of the 41. Members of the Board, the Director-General and all
Authority other officers and employees of the Authority, consultants
deemed to be and advisors appointed by the Authority, shall be deemed
public officers.
to be public officers within the meaning and for the purposes
of the Penal Code and of the Code of Criminal Procedure
Act respectively.
The Authority 42. The Authority shall be deemed to be a Scheduled
deemed to be a Institution within the meaning of the Bribery Act and the
Scheduled
Institution provisions of that Act shall be construed accordingly.
within the
meaning of the
Bribery Act.
Action against 43. Where an offence under this Act is committed by a
bodies of body of persons, then:—
persons.
(a) if that body of persons is a body corporate, every
director, manager, chief executive officer and
secretary of that body corporate ;
(b) if that body of persons is a firm, every partner of
that firm and its chief executive officer ;
(c) if that body of persons is an unincorporated body,
every individual who is a member of such body
and its chief executive officer ; and
(d) if that body of persons is a local authority or any
other authority appointed by or under any law
relating to a local authority to act on behalf of such
local authority, the Chairman of such local
authority,
shall be guilty of an offence :
Provided however, any director, manager, chief executive
officer and secretary of any body corporate or every
partner and the chief executive officer of any firm or every
Assistance to and Protection of Victims of 47
Crime and Witnesses Act, No. 4 of 2015
member and the chief executive officer of an unincorporated
body or the Chairman of a local authority, as the case may
be, shall not be guilty of an offence under this section, if
he proves to the satisfaction of the Court that such offence
was committed without his knowledge or that he exercised
all due diligence to prevent the commission of such
offence.
44. (1) The Minister on the recommendation of the Regulations.
Authority, may make regulations under this Act in respect of
all matters that are prescribed and on such matters as may
become necessary to be provided for in order to give effect
to the provisions of this Act.
(2) Every regulation made under subsection (1) shall be
published in the Gazette and shall come into force on the
date of such publication or on such later date as may be
specified in such regulation.
(3) All regulations made under this section shall as soon
as convenient after their publication in the Gazette, be
brought before the Parliament for approval. Any such
regulation which is not so approved shall be deemed to be
rescinded as from the date of its disapproval, but without
prejudice to anything done thereunder.
(4) Notification of the date on which a regulation is
deemed to be rescinded shall be published in the Gazette.
45. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil text of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.
46. In this Act, unless the context otherwise Interpretation.
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;
48 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
“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 49
Crime and Witnesses Act, No. 4 of 2015
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
50 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
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 51
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SCHEDULE
[section 11(3)]
1. A person shall be disqualified from being appointed or continuing
as an appointed member of the Board—
(a) if he is or becomes a member of Parliament, a Provincial
Council or any local authority ;
(b) if he is not or ceases to be a citizen of Sri Lanka ;
(c) if he is under any law in force in Sri Lanka or in any other
country, found or declared to be of unsound mind ; or
(d) if he is serving or has served, a sentence of imprisonment
imposed by any Court in Sri Lanka or any other country.
2. Every appointed member of the Board shall, unless he vacates
office earlier by death, resignation or removal, hold officer for a term
of three years from the date of his appointment and unless he has
been removed from office, be eligible for reappointment :
Provided that a member appointed in place of a member who had
vacated office by death, resignation or removal, shall hold office for
the unexpired term of office of the member whom he succeeds.
3. The Minister may, by Order published in the Gazette, remove
from office an appointed member of the Board for misconduct in the
performance of his duties or where such member has been found
guilty of an offence involving fraud or dishonesty, in consultation
with those persons who are required to be consulted for the appointment
of such appointed member under paragraph (b) of subsection (1) of
section 11. An appointed member who is removed, shall cease to hold
office from and after the date of publication of such Order in the
Gazette.
4. An appointed member of the Board, may at any time resign
from his office by letter to that effect addressed to the Minister and
such resignation shall take effect upon it being accepted by the Minister
in writing.
5. In the event of the vacation of office by death, resignation or
removal of an appointed member of the Board, having regard to the
provisions of paragraph (b) of subsection (1) of section 11 another
person may be appointed to succeed such member. Any person so
appointed in place of such member, shall hold office during the
unexpired part of the term of office of the member whom be succeeds.
6. Where an appointed member of the Board, by reason of illness,
infirmity or absence from Sri Lanka for a period not less than three
months, is temporarily unable to perform his duties, it shall be the
52 Assistance to and Protection of Victims of
Crime and Witnesses Act, No. 4 of 2015
duty of such member to inform the appointing authority in writing, of
such inability. Thereupon, having regard to the provisions of paragraph
(b) of subsection (1) of section 11 another person may be appointed
to act in his place during such period.
7. The members of the Board may be paid such remuneration out
of the Fund of the Authority as the Minister may determine.
8. (1) The Chairman of the Board, shall, if present, preside at
every meeting of the Board. In the absence of the Chairman from any
such meeting, the members present shall elect one of the members
present, to preside at such meeting.
(2) The quorum for any meeting of the Board, shall be five
members.
(3) The person presiding at any meeting of the Board, shall, in
addition to his own vote have a casting vote.
(4) Subject to the provisions of this paragraph, the Board may
regulate the procedure in regard to its meetings and the transaction of
business at such meetings.
9. No act, decision or proceeding of the Board, shall be deemed to
be invalid by reason only of the existence of any vacancy therein or
any defect in the appointment of any member thereof.
10. (1) The seal of the Authority may be determined and devised
by the Board, and may be altered in such manner as may be determined
by the Board.
(2) The seal of the Authority shall be in the custody of such person
as the Board may determine from time to time.
(3) The seal of the Authority shall not be affixed to any instrument
or document except with the sanction of the Board and in the presence
of two members of the Board, who shall sign the instrument or
document in token of their presence.
(4) The Board shall maintain a register of the instruments and
documents to which the seal of the Board has been affixed.
11. (1) If the Chairman of the Board is, by reason of illness or
absence from Sri Lanka temporarily unable to perform the duties of
his office, having regard to the provisions of subsection (2) of section
11, another member of the Board shall be appointed to act in his
place.
(2) The Chairman of the Board may at any time resign from the
office of Chairman by a letter addressed to the Minister. Such
resignation shall take effect upon it being accepted by the Minister in
writing.

Assistance to and Protection of Victims of 53
Crime and Witnesses Act, No. 4 of 2015
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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