BRIBERY

(1) Every provision of this Act which may be in conflict or inconsistent with anything in the Ceylon (Constitution) Order in Council, 1946,(Repealed by the Constitution of Sri Lanka, 1972, which itself has been repealed by the Constitution of the Democratic Socialist Republic of Sri Lanka, 1978.) shall for all purposes and in all respects be as valid and effectual as though that provision were in an Act for the amendment of that Order in Council enacted by Parliament after compliance with the requirement imposed by the proviso of subsection (4) of section 29 of that Order in Council.

(2) Where the provisions of this Act are in conflict or are inconsistent with any other written law, this Act shall prevail.

(1) Such of the provisions of the Code of Criminal Procedure Act, No. 15 of 1979, as are not excluded by subsection (2) or are not inconsistent with the provisions of this Act shall apply to proceedings instituted in a court for offences under this Act.

(2) Section 306 of the Code of Criminal Procedure Act, No. 15 of 1979, shall not apply to proceedings in the Magistrate’s Court for offences under this Act.

(a) by registered letter addressed and dispatched by express post to the person to be summoned; or

(b) in the case of a public officer, by registered letter addressed and dispatched by express post to the head of the department, office or establishment in which such public officer is employed; or

(c)in the case of any person who is employed under any other person, by registered letter addressed and dispatched by express post to the employer; or

(d) through any grama niladhari; or

(e) in urgent cases by telegram.

(a) who offers any gratification to a judicial officer, or to a Member of Parliament, as an inducement or a reward for such officer’s or Member’s doing or forbearing to do any act in his judicial capacity or in his capacity as such Member, or

(b) who, being a judicial officer or a Member of Parliament, solicits or accepts any gratification as an inducement or a reward for his doing or forbearing to do any act in his judicial capacity or in his capacity as such Member,

(a) his interviewing a public officer on behalf of any person, or

(b) his appearing on behalf of any person before a public officer exercising judicial or quasi judicial functions,

(a) who offers any gratification to any police officer, peace officer, or other public officer employed in any capacity for the prosecution, detection or punishment of offenders, or to an officer of a court, as an inducement or a reward for such officer’s interfering with the due administration of justice, or procuring or facilitating the commission of any offence, or protecting from detection or punishment the perpetrator of any offence, or abusing his official powers to the injury or detriment of any person, or

(b) who, being any such officer, solicits or accepts any gratification as an inducement or a reward for such interfering, procuring, facilitating, protecting, or abusing as is referred to in paragraph (a) of this section,

(a) who offers any gratification to a public officer as an inducement for a reward for such public officer’s giving assistance or using influence in the promotion of the procuring of any contract with the Government for the performance of any work, the providing of any service, the doing of anything, or the supplying of any article, material or substance, or in the execution of any such contract, or in the payment of the price or consideration stipulated therein or of any subsidy payable in respect thereof, or

(b) who, being a public officer, solicits or accepts any gratification as an inducement or a reward for his giving assistance or using influence in the promotion of the procuring of any such contract as is referred to in paragraph (a) of this section, or in the execution of any such contract, or in the payment of the price or consideration stipulated therein or of any subsidy payable in respect thereof,

(a) who, with intent to obtain from the Government a contract for performing any work, providing any service, doing anything, or supplying any article, material or substance, offers any gratification to any person who has made a tender for such contract, as an inducement or reward for his withdrawing such tender, or

(b) who solicits or accepts any gratification as an inducement or reward for his withdrawing a tender made by him for such contract,

(a) who offers any gratification to a public officer as an inducement or a reward for that public officer’s performing or abstaining from performing any official act, or expediting, delaying, hindering or preventing the performance of any official act whether by that public officer or by any other public officer or assisting, favoring, hindering or delaying any person in the transaction of any business with the Government, or

(b) who, being a public officer, solicits or accepts any gratification as an inducement or a reward for his performing or abstaining from performing any official act or for such expediting, delaying, hindering, preventing, assisting or favoring as is referred to in paragraph (a) of this section, or

(c) who, being a public officer, solicits or accepts any gratification

(a) who offers any gratification to any person as an inducement or a reward for-

(b) who solicits or accepts any gratification as an inducement or a reward for his doing any of the acts specified in sub-paragraphs (i), (ii), (iii), (iv), (v), (vi) and (vii) of paragraph (a) of this section,

(a) who, while having dealings of any kind with the Government through any department, office or establishment of the Government, offers any gratification to any public officer employed in that department, office or establishment, or

(b) who, within one year before or after his having dealings of any kind with the Government through any department, office or establishment of the Government, offers any gratification to any public officer employed in that department, office or establishment, or

(c) who, being a public officer, solicits or accepts any gratification the offer of which is an offence under this section,

(a) who offers any gratification to any member of a local authority, or of a scheduled institution, or of the governing body of a scheduled institution, as an inducement or a reward for-

(b) who offers any gratification to any officer or employee of any local authority, or of any scheduled institution, as an inducement or a reward for-

(c) who, being such member as is referred to in paragraph (a) of this section, solicits or accepts any gratification as an inducement or a reward for any such act, or any such abstaining, as is referred to in sub-paragraphs (i), (ii) and (iii) of that paragraph, or

(d) who, being such officer or employee as is referred to in paragraph (b) of this section, solicits or accepts any gratification as an inducement or a reward for any such act, or any such abstaining, as is referred to in sub-paragraphs (i) and (ii) of that paragraph,

(a) who, attempts by any threat, deceit, suppression of the truth or other unlawful means to influence any member of a local authority, or of a scheduled institution, or of the governing body of a scheduled institution in giving or withholding his vote in favour of or against any measure, motion, resolution or question submitted to any meeting, or in not attending any meeting, of such local authority, scheduled institution, or governing body or of any committee thereof, or

(b) who attempts by any such means as in the last preceding paragraph mentioned to influence any member or any officer or employee of a local authority, or of a scheduled institution, or of the governing body of scheduled institution to aid in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person, or to perform or abstain from performing, or to aid in procuring, expediting, delaying, hindering or preventing the performance of, any official act,

(1) Where a person has or had acquired any property on or after March 1, 1954, and such property-

then, for the purposes of any prosecution under this section, it shall be deemed, until the contrary is proved by him, that such property is or was property which he has or had acquired by bribery or to which he has or had converted any property acquired by him by bribery.

(2) In subsection (1),” income” does not include income from bribery, and “receipts” do not include receipts from bribery.

(3) A person who is or had been the owner of any property which is deemed under subsection (1) to be property which he has or had acquired by bribery or to which he has or had converted any property acquired by him by bribery shall be guilty of an offence punishable with rigorous imprisonment for a term of not more than seven years and a fine not exceeding five thousand rupees:

Provided that where such property is or was money deposited to the credit of such person’s account in any bank and he satisfies the court that such deposit has or had been made by any other person without his consent or knowledge, he shall not be guilty of an offence under the preceding provisions of this subsection.

(4) No prosecution for an offence under this section shall be instituted against any person unless the Commission has given such person an opportunity to show cause why he should not be prosecuted for such offence and he has failed to show cause or the cause shown by him unsatisfactory in the opinion of such Commission.

(5) For the purposes of this section, where a spouse or unmarried child under the age of eighteen years of a person has or had acquired any property movable or immovable on or after March 1, 1954, it shall be presumed until the contrary is proved that such property was acquired by such person aforesaid and not by such spouse or unmarried child, as the case may be.

(6) In any prosecution for an offence under this section a certificate from the Chief Value with regard to the value of any immovable property or the cost of construction of any building on such property shall be sufficient proof of such value and cost of construction unless and until the contrary is proved.

In this subsection, “Chief Value” means the Chief Value of the Government, and includes any Senior Assistant Value, or Assistant Value of the Government Valuation Department.

(7) For the purpose of this section ” a person” shall mean any person whomsoever, whether or not such person can be shown to have been concerned with any act referred to in section 18 or section 20 or whether or not he is public officer within the meaning of this Act.

(1) A person who attempts to commit or to cause the commission of an offence under this Part of this Act and in such attempt does any act towards the commission of that offence shall be guilty of an offence and shall be tried in the same manner, and shall upon conviction be liable to the same punishment, as is prescribed by this Act for the first-mentioned offence.

(2) A person who abets an offence under this Part of this Act shall be guilty of an offence and shall be tried in the same manner, and shall upon conviction be liable to the same punishment, as is prescribed by this Act for the first-mentioned offence. In this subsection the expression “abet” shall have the same meaning as in sections 100 and 101 of the Penal Code.

(3) A person who conspires with any other person to commit an offence under this Part of this Act shall be guilty of an offence and shall be tried in the same manner and shall upon conviction be liable to the same punishment as is prescribed by this Act for the first-mentioned offence. In this subsection, the expression “conspire” shall have the same meaning as in section 113A of the Penal Code

(1) A fine or a penalty imposed by a court on any person for bribery may be recovered as if the order imposing the fine or the penalty were a decree entered by the District Court in favour of the State and against that person.

(3)(Subsections (2) and (4) are repealed by Act No. 2 of 1965.) Where the person liable to pay the fine or penalty referred to in the preceding provisions of this section was a public officer on the date of commission of the offence for which the fine or penalty was imposed, then, notwithstanding anything to the contrary in any other written law, any movable or immovable property acquired after that date by the spouse of, or a son or daughter maintained by, such person shall, in addition to the movable and immovable property of such person, be liable to be seized and sold for the recovery of the amount of such fine or penalty, if the property so acquired-

(1) Notwithstanding anything to the contrary in any other provision of this Act, where a court convicts a person of an offence under this Part of this Act, the court may in lieu of imposing a penalty or fine under section 26 or section 26A, make order that any movable or immovable property found to have been acquired by bribery or by the proceeds of bribery, be forfeited to the State free from all encumbrances:

Provided however that, in determining whether an order of forfeiture should be made, the court shall be entitled to take into consideration whether such an order is likely to prejudice the rights of a bona fide purchaser for value or any other person who has acquired, for value a bona fide interest in such property.

(2) An order made under subsection (1) shall take effect-

(a) he shall be come incapable for a period of seven years from the date of such conviction or finding of being registered as an elector or of voting at any election under the Ceylon (Parliamentary Elections) Order in Council, 1946, or for a period of five years under the Local Authorities Elections Ordinance, or of being elected or appointed as a Member of Parliament or as a member of a local authority, and, if at that date he has been elected or appointed as a Member of Parliament or member of a local authority, his election or appointment shall be vacated from that date;

(b) he shall be disqualified for all time from being employed as a public officer and from being elected or appointed to a scheduled institution or to the governing body of a scheduled institution;

(c) he shall, if he is a member of a scheduled institution or of the governing body of a scheduled institution, cease to be such member from the date of such conviction or finding; and

(d) he shall, if he is a public officer cease to be a public officer from the date of such conviction or finding and, notwithstanding anything to the contrary in any other written law, be deemed to have been dismissed on that date by the authority empowered by law to dismiss him.

(1) Where any officer, appointed to assist the Commission detects any person accepting, soliciting or offering an illegal gratification, such officer shall-

(2) Where a person is produced before any Magistrate, under paragraph (b) of subsection (1), the Magistrate shall remand such person until the conclusion of the trial:

Provided however, that the Magistrate may, in exceptional circumstances and for reasons to be recorded release such person on bail at any time prior to the conclusion of the trial.

(3) Where any currency notes are produced before any Magistrate under paragraph (c) of subsection (1) the Magistrate shall issue a certificate under his hand to the effect that notes of the denominations and numbers set out in the certificate were produced before him and such certificate shall be admissible in any proceedings instituted against the person alleged to have accepted, solicited or offered such notes in lieu of producing such notes in such proceedings.

(4) Notwithstanding the provisions of subsection (2), in any proceeding under paragraph (a) or paragraph (b) of subsection (1), where the Commission informs the Magistrate that it does not propose to institute proceedings against the person in custody such person shall be discharged forthwith.

(1) The President may appoint, by warrant under the Public Seal of the Republic, a commission of inquiry consisting of one or more members to inquire into and report on any allegations of bribery-

(2) A warrant appointing a commission of inquiry under this Act shall contain such particulars as are required by subsection (2) of section 2 of the Commissions of Inquiry Act, to be set out in a warrant issued under that Act.

(1) A commission of inquiry shall, in addition to the powers under the Commissions of Inquiry Act, have-

(2) A warrant of arrest issued by a commission of inquiry-

No stamp duty shall be payable for any such warrant of arrest.

(3) A commission of inquiry shall treat all information obtained by it under paragraph (d) of subsection (1) with the strictest secrecy and shall not divulge such information to any person other than the commission, the person in respect of whom the inquiry is held, or any attorney-at-law appearing for that person.

(1) A commission of inquiry may cause the evidence given before it to be taken down in such language as it may deem proper.

(2) Where any evidence is given before a commission of inquiry in a language which any member of the commission does not understand, it shall be interpreted into a language understood by that member.

(1) Every offence of contempt committed against or in disrespect of the authority of a commission of inquiry shall be communicated to the President of the Court of Appeal by letter under the hand of the chairman of the commission or, where the commission consists of a sole commissioner, under the hand of such commissioner.

(2)The President of the Court of Appeal shall, upon his receiving from a commission of inquiry a communication under subsection (1), issue a rule nisi for: contempt of court on the person named in that communication, as having committed the offence of contempt against or in disrespect of the authority of that commission.

(3)A person on whom a rule nisi is issued under subsection (2) shall be liable to be punished unless he shows cause to the satisfaction of the Court of Appeal.

(4)In any proceedings against any person for the offence of contempt committed against or in disrespect of the authority of a commission of inquiry, no member of that commission shall be liable to be summoned as a witness by that person, but the Court of Appeal may, if that court considers it necessary to do so, examine a member of that commission.

(1) The President shall order the publication of the report of a commission of inquiry if in his opinion the public interest will not suffer by such publication.

(2) Where the President decides not to publish the report of a commission of inquiry on the ground that the public interest will suffer by its publication, he shall, on being requested so to do by a resolution passed by Parliament, order the publication of such report.

(1) Where a commission of inquiry finds that any person is guilty of bribery by having accepted a gratification-

(2) If a person fails to pay the sum directed by the Attorney- General under subsection (1) to be paid, the Attorney-General may apply to the High Court for an order, and the High Court shall upon such application make an order, for the payment of that sum by that person, and, if that person fails to pay that sum within the time allowed by the order, that sum may be recovered in like manner as if the order were a decree entered by a District Court in favour of the State and against that person.

(3) If the person liable to pay the sum referred to in subsection (2) was a public officer on the date of his acceptance of the gratification, the provisions of subsection (3) of section 28 shall, for the purposes of the recovery of that sum, apply in like manner as if that sum were a penalty imposed by the High Court under section 26.

(4) In the proceedings in the High Court for the recovery of the sum referred to in subsection (2), it shall not be competent for that court or for anyone to question the sum declared by the commission of inquiry to be the amount, or the value, of the gratification.

(a) does, or forbears to do, any act, which he is empowered to do by virtue of his office as a public officer;

(b) induces any other public officer to perform, or refrain from performing, any act, which such other public officer is empowered to do by virtue of his office as a public officer;

(c) uses any information coming to his knowledge by virtue of his office as a public officer;

(d) participates in the making of any decision by virtue of his office as a public servant;

(e) induces any other person, by the use, whether directly or indirectly, of his office as public officer to perform, or refrain from performing, any act,

(a) to a fine not less than one hundred rupees and not more than five hundred rupees or to imprisonment of either description for a period not exceeding six months or to both such fine and imprisonment; and

(b) to a fine not less than one hundred rupees for every day during which the offence is continued after the date on which he is required to furnish the sworn statement.

(1) A person who-

shall be guilty of an offence and shall, upon summary trial and conviction by a Magistrate, be liable to rigorous imprisonment for a term not exceeding twelve months and to a fine.

(2) Every court before which any person surrenders himself or is produced on arrest on an allegation that he has committed or has been concerned in committing or is suspected of having committed or to have been concerned in committing an offence under this section shall keep such person on remand until the conclusion of the trial except in exceptional circumstances where the court before which he surrenders himself or is produced may after recording its reasons therefore release him on bail.

(1) A person who directly or indirectly influences any member of a commission of inquiry, in the performance of his duty shall be guilty of an offence and shall, upon summary trial and conviction by a Magistrate, be liable to a fine of not less than two hundred rupees and not more than five hundred rupees.

(2) A person who directly or indirectly by words written or spoken or by any act threatens any member of a commission of inquiry with any injury to his body, mind or reputation in order to deter him from the performance of his duty shall be guilty of an offence and shall, upon summary trial and conviction by a Magistrate, be liable to a fine of not less than two hundred rupees and not more than five hundred rupees and, upon a second or subsequent conviction of an offence under this subsection shall, in addition to such fine, be liable to imprisonment for a term not exceeding one year.

(3) A person who causes injury to the body, mind or reputation of member of a commission of inquiry in order to deter him from the performance of his duty shall, upon summary trial and conviction by a Magistrate, be liable to rigorous imprisonment for a term not exceeding twelve months and to a fine.

(1) A person who refuses or wilfully neglects or omits to carry out an order of a commission of inquiry or wilfully obstructs such commission shall be guilty of an offence and shall, upon summary trial and conviction by a Magistrate, be liable to rigorous imprisonment for a term not exceeding six months or to a fine of not less than one hundred rupees and not more than five hundred rupees.

(2) A prosecution for an offence under subsection (1) may be instituted in such Magistrate’s Court as may be determined by the Attorney-General.

(1) Where the public and the press have been excluded from any proceedings of a commission of inquiry, no person shall print or publish those proceedings or any part thereof except with the permission of the commission given in writing under the hand of the chairman of the commission or, if the commission consists of a sole commissioner, under the hand of such commissioner.

(3)(Subsection (2) is repealed by Act No. 2 of 1965.) No person shall, before the publication of the report of a commission of inquiry under the order of the President print or publish any part of such report or what purports to be a part or an excerpt of such report.

(4) A person who contravenes the provisions of any of the preceding subsections of this section shall be guilty of an offence and shall, upon summary trial and conviction by a Magistrate, be liable to a fine of not less than two hundred rupees and not more than five hundred rupees and, upon a second or subsequent conviction of an offence under this subsection, shall, in addition to such fine, be liable to rigorous imprisonment for a term not exceeding one year

(1) No Magistrate’s Court shall entertain any prosecution for an offence under this Act except by or with the written sanction of the Commission.

(2)The proceedings in a court for bribery shall be taken before any other business of that court unless special circumstances of urgency in such other business render it impossible to do so.

(3)Upon application made in that behalf by the Attorney- General or any officer authorized by him, the whole or any part of the proceedings in any court for bribery may be held in camera.

(Subsections (4) and (5) are repealed by Law No. 38 of 1974. )(6) Nothing contained in the report of a commission of inquiry published under the order of the President shall be made the ground of an action for defamation, and no court shall entertain an action for defamation based on anything contained in any such report.

(1) In any proceedings for bribery before a court or commission of inquiry, the giver of a gratification shall be a competent witness against the person accused of taking the gratification and shall not be regarded as an accomplice, and the decision or finding of the court or commission shall not be illegal merely because it proceeds upon the uncorroborated testimony of such giver.

(2) In any proceedings against any person under this Act, the spouse of that person shall be a competent witness.

(1) At any time before the conclusion of the trial of a person charged with bribery, the Attorney-General in consultation with the Commission may, with the view of obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, tender, or by writing under his hand authorize any Magistrate named by him to tender, a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or as abettor in the commission thereof.

(2) The Magistrate shall record in the manner prescribed by the Code of Criminal Procedure Act, No. 15 of 1979 the evidence on oath of every person accepting a pardon under subsection (1) and transmit the record to the Commission.

(a) a person solicits a gratification if he, or any other person acting with his knowledge or consent, directly or indirectly demands, invites, asks for, or indicates willingness to receive, any gratification, whether for the first-mentioned person or for any other person, and

(b) a person accepts a gratification if he, or any other person acting with his knowledge or consent, directly or indirectly takes, receives or obtains, or agrees to take, receive or obtain any gratification, whether for the first-mentioned person or for any other person.

(a)money or any gift, loan, fee, reward, commission, valuable security or other property or interest in property of any description, whether movable or immovable,

(b)any office, employment or contract,

(c)any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part,

(d) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty, and

(e) any offer, undertaking or promise of any gratification within the meaning of the preceding paragraphs (a), (b), (c) and (d);

(a) a committee of any such Council, and

(b) a committee appointed by an Urban Council under section 29 of the Urban Councils Ordinance, or by a Pradeshiya Sabha under the Pradeshiya Sabhas Act, No 15 of 1987;

(a) in which any such board, institution, corporation or other body holds, or

(b) in which more than one such board, institution or other body, in the aggregate, hold, not less than fifty-one percent of the shares.