BRIBERY

(1) Every provision of this Act which may be in conflict or inconsistent with anything in the Ceylon (Constitution) Order in Council, 1946, 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) The Attorney-General, or any officer authorized in that behalf by and acting under the control of the Attorney-General, is hereby empowered to direct and conduct the investigation of all allegations of bribery notwithstanding anything in any other written law to the contrary:

Provided, however, that the Attorney-General shall not, without the consent of the President of the Senate or the Speaker of the House of Representatives, as the case may be, hold an investigation of an allegation of bribery against a Senator or a Member of Parliament;

Provided, further, that the Attorney-General shall not, without the consent of the Judicial Service Commission, hold an investigation of an allegation of bribery against a judicial officer.

(2) The Attorney-General may also in any case in which be deems it expedient require a Magistrate, upon warrant under section 148 (1) (e) of the Criminal Procedure Code, to hold an inquiry in respect of any allegation of bribery. The provisions of Chapter XVI of that Code shall apply to such inquiry, except that at the conclusion of the inquiry the Magistrate shall, in lieu of discharging or committing for trial the person charged, transmit the record of the inquiry to the Attorney-General.

(3) The Attorney-General may after receipt of the record from the Magistrate require the Magistrate to record such further evidence as the Attorney-General may consider necessary.

(4) The Attorney-General, or any officer authorized by the Attorney-General under subsection (1), may, in making an investigation under this section, direct in writing any person who appears to be acquainted with any facts relevant to the matters under investigation-

(1) In the course of an investigation of an allegation of bribery against any person or after the commencement of a prosecution or an arraignment of any person for bribery, the Attorney-General may, notwithstanding anything in any other written law to the contrary, by written notice-

(2) The Attorney-General shall treat all information obtained by him under subsection (1) with the strictest secrecy and shall not divulge such information to any person other than a court, a commission of inquiry, a board of inquiry, an accused person, any advocate, proctor or other person defending an accused person, or an officer engaged in an investigation under this Act or in any prosecution or arraignment for bribery.

(3) In the course of an investigation of an allegation of bribery the Attorney-General or any officer authorized by the Attorney-General to conduct the investigation may, with such assistance as may be necessary, enter and search any department, office or establishment of the Government.

(4) The Attorney-General, or any officer authorized by the Attorney-General to direct and conduct an investigation, may apply to any public servant or any other person for assistance in the exercise of his powers or the discharge of his duties under this Act.

(a) where the offender is not a public servant, indict the offender before the Supreme Court or the District Court as the Attorney-General may determine; and

(b) where the offender is a public servant, either indict the offender as provided in the preceding paragraph (a) or arraign the offender before a board of inquiry after informing the Public Service Commission.

(1) Such of the provisions of the Criminal Procedure Code as are not excluded by subsection (2) or are not inconsistent with the provisions of this Act shall apply to proceedings in any court for bribery.

(2) Section 325 of the Criminal Procedure Code shall not apply to the proceedings referred to in subsection (1).

(1) An indictment prepared in the manner prescribed by section 186 of the Criminal Procedure Code shall be transmitted by the Attorney-General to the court of trial selected by him. He shall at the same time transmit to the Fiscal of the province in which the trial will take place a copy or copies of the indictment for service on the accused person or each of the accused persons who will be tried upon the indictment. The Fiscal shall forthwith and at least fourteen days before the day specified for trial serve or cause to be served on the accused person or each of the accused persons the copy or a copy of the indictment received by him from the Attorney-General and shall make return of such service to the court of trial and to the Attorney-General or any officer appointed by the Attorney-General to represent him.

(2) The court shall forthwith upon the receipt of the indictment cause to be served on the accused person a notice specifying the date fixed for his trial.

(3) Service on an accused person of any indictment or notice of trial shall be effected in the manner prescribed for the service of summons in sections 45 and 46 of the Criminal Procedure Code and the provisions of section 49 of that Code shall apply accordingly for the purpose of proving such service:

Provided, however, that if service cannot be effected in such manner by the exercise of due diligence, the indictment or notice shall be affixed to some conspicuous part of the house in which the accused person ordinarily resides, and in such case the indictment or notice shall be deemed to have been duly served.

(1) Where the Attorney-General indicts before a court or arraigns before a board of inquiry any person for bribery, he shall cause to be furnished to that person-

(2) The Attorney-General shall, if so required by any court or board of inquiry trying or inquiring into a charge of bribery, furnish or cause to be furnished to the court or board any statement recorded in the course of the investigation referred to in paragraph (b) of subsection (1). No such statement shall be made available to the accused person or to any advocate, proctor or other person defending him unless the court or board, on application made to it in that behalf and after reference to the statement, is of opinion that in the circumstances of the case the furnishing of the statement is in the interests of justice.

(3) No statement referred to in subsection (2) shall be used in any proceedings before a court or board of inquiry otherwise than to prove that a witness made a different statement at a different time, or to refresh the memory of the person recording it:

Provided, however, that nothing in this subsection shall be deemed to apply to any statement falling within the provisions of paragraph (1) of section 32 of the Evidence Ordinance or to prevent such statement being used in evidence in a charge under section 180 of the Penal Code.

(4) The restrictions imposed by subsections (2) and (3) shall not apply to or in relation to any deposition recorded by a Magistrate in an inquiry directed under section 3.

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

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

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

(d) through any village headman; or

(e) in urgent cases by telegram.

(a) who offers any gratification to a judicial officer, or to a member of either the Senate or the House of Representatives, 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 either the Senate or the House of Representatives, 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 servant on behalf of any person, or

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

(a) who offers any gratification to any police officer, peace officer, or other public servant, 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 or servant’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 or servant, 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 servant as an inducement or a reward for such public servant’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 servant, 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 a reward for his withdrawing such tender, or

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

(a) who offers any gratification to a public servant as an inducement or a reward for that public servant’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 servant or by any other public servant, or assisting, favouring, hindering or delaying any person in the transaction of any business with the Government, or

(b) who, being a public servant, 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 favouring as is referred to in paragraph (a) of this section,

(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 servant 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 servant employed in that department, office or establishment, or

(c) who, being a public servant, 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 subparagraphs (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 a 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) 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 sub section the expression ” abet” shall have the same meaning as in sections 100 and 101 of the Penal Code.

(1) Where, at the conclusion of the trial of an person charged with bribery before a court, the presiding Judge, if the court is the Supreme Court, or the District Judge, if the court is the District Court, or where at the conclusion of the inquiry by a board of inquiry into a charge of bribery against any person, the board, is of the opinion that the complainant has wilfully and with intent to harm that person made a false, frivolous, or groundless allegation against him, such presiding Judge or District Judge or the president of such board, as the case may be, shall certify that opinion under his hand and transmit it together with the record of the proceedings to the Attorney-General.

(2) Where a certificate under subsection (1) is given in regard to an allegation of bribery made by any person, it shall not be necessary to obtain the sanction of the Attorney-General to institute civil proceedings against that person in respect of that allegation.

(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 that court in favour of the Crown and against that person.

(2) Where the amount of a penalty imposed on any person by a board of inquiry is not paid by him within the time allowed by the board, the Attorney-General may apply to such District Court as he may determine for an order, and that District Court shall upon such application make an order, for the payment of that amount by that person, and, if that person fails to pay that amount within the time allowed by the order, that amount may be recovered in like manner as if the order were a decree entered by that District Court in favour of the Crown and against that person.

(3) Where the person liable to pay the fine or penalty referred to in the preceding provisions of this section was a public servant 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-

(4) In the proceedings in any court for the recovery of the amount of a fine or penalty referred to in the preceding provisions of this section, it shall not be competent for that court or for anyone to question the competence of the court which imposed the fine or penalty or the competence of the board of inquiry which imposed the penalty.

(a) he shall become 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 Senator or Member of Parliament or as a member of a local authority, and, if at that date he has been elected or appointed as a Senator or 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 servant 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 servant, cease to be a public servant 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) The Governor-General may, on the advice of the Prime Minister, appoint, by warrant under the Public Seal of Ceylon, 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 sub- section (1) with the strictest secrecy and shall not divulge such information to any person other than the Attorney-General, the person in respect of whom the inquiry is held, or any advocate or proctor 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 Chief Justice 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 Chief Justice shall, upon his receiving from a commission of inquiry a communication under sub section (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 Supreme Court or a Judge thereof.

(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 Supreme Court may, if that court considers it necessary to do so, examine a member of that commission.

(1) The Governor-General 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 Governor-General decides not to publish the report of a commission of inquiry on the around that the public interest will suffer by its publication, he shall, on being requested so to do by a resolution passed by the Senate and by the House of Representatives, 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 such District Court as he may determine for an order, and that District 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 that District Court in favour of the Crown and against that person.

(3) If the person liable to pay the sum referred to in subsection (2) was a public servant 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 a court under section 26.

(4) In the proceedings in a District 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.

(1) This Part of this Act shall cease to be in operation at the end of eighteen months from the appointed date unless its operation is extended as provided by subsection (2).

(2) The Governor-General may, on the advice of the Prime Minister, by Proclamation published in the Gazette extend from time to time the operation of this Part of this Act for such period as he may on like advice determine.*

* Operation of Part Iv extended for a period of 18 months from 1st September, 1955 . – Gazette. 1955. – Gazette No. 10,824 of 5th August, 1955.

(3) Where this Part of this Act ceases to be in operation, the provisions of subsection (3) of section 6 of the Interpretation Ordinance shall apply in all respects in like manner as though this Part of this Act had been repealed.

(1) The Governor-General shall, on the advice of the Prime Minister, constitute four panels, each of not more than twenty members, for the purposes of the constitution of boards of inquiry.

(2) One panel shall consist of persons who have retired from service under the Crown having held office as Judge of the Supreme Court or District Judge.

(3) The second panel shall consist of retired public servants who at the time of retirement held any office the basic salary of which was not less than Rs. 15,000 per annum and of public servants holding any office the basic salary of which is not less than Rs. 15,000 per annum.

(4) The third panel shall consist of retired public servants who at the time of retirement held any office the basic salary of which was not less than Rs. 12,000 per annum and of public servants holding any office the basic salary of which is not less than Rs. 12,000 per annum.

(5) The fourth panel shall consist of persons of good repute not falling within any of the three preceding categories.

(6) The members of each panel shall be on the panel for a term of three years and shall be eligible for re-appointment.

(7) The Governor-General shall, on the advice of the Prime Minister, fill vacancies in the panels caused by death, resignation, or otherwise.

(8) A person appointed to fill any vacancy shall hold office for the remainder of the term of office of the member in whose place he has been appointed.

(1) A board of inquiry shall consist of not less than three members selected by the Attorney-General by lot from any one or more of the panels constituted under this Part of this Act. In no case shall a board of inquiry consist of an even number of members.

(2) A different board of inquiry shall be constituted as herein provided for each inquiry.

(3) Where it appears to the Attorney-General that a member of a panel whose name is drawn is not in Ceylon or is owing to illness or other incapacity incapable of serving, or is for any reason unable to serve, on a board of inquiry, the Attorney-General may draw another name instead.

(4) Where the Attorney-General is satisfied that, owing to the relations between a member of a board of inquiry and the person arraigned before the board, it is desirable that another member should be appointed, he may draw another name instead.

(1) The members of a board of inquiry shall by agreement decide which of them shall officiate as president of the board, but where a retired judicial officer is a member of the board, he shall preside. If a board of inquiry consists of more than one retired judicial officer, the board shall by agreement decide which of them shall preside.

(2) If the president is unable to be present at any sitting of a board of inquiry, the remaining members of the board shall by agreement decide which of them shall preside.

(3) At a meeting of a board of inquiry the quorum shall be two.

(1) There shall be a secretary to every board of inquiry (hereinafter referred to as ” the secretary “) and one or more assistant secretaries.

(2) An assistant secretary shall assist the secretary in the performance of his duties and functions and shall have power to perform such of the duties and functions of the secretary as he may be authorized by the secretary in writing to perform.

(1) A board of inquiry shall, in addition to any other power conferred on it by this Act, have the following powers: –

(2) A board of inquiry shall treat all information obtained by it under paragraph (g) of subsection (1) with the strictest secrecy and shall not divulge such information to any person other than the Attorney-General, the prosecutor, the accused person, and any advocate, proctor or other person defending the accused person.

(1) A board of inquiry selected for inquiring into a charge of bribery shall on a date fixed by the secretary proceed with the necessary staff to the place where the offence is alleged to have been committed or, if that is not practicable, to the most convenient place nearest it and hold the inquiry.

(2) It shall be the duty of the board of inquiry to make a thorough inquiry without regard to legal forms and solemnities.

(3) At any stage of the proceedings the board of inquiry may ex mero motu examine any witness or document whether or not called or produced by the prosecutor or by the accused person.

(4) The board of inquiry may, at the request of the prosecutor or the accused person or ex mero motu, examine any matter, thing or place which it may deem necessary to examine.

(5) The board of inquiry shall not be bound to complete the inquiry at the place at which the board commences it. The board may in the course of the inquiry, if it is convenient or necessary to do so, proceed to any other place or places and continue and conclude the inquiry.

(1) A board of inquiry shall take down in writing the evidence of each witness or cause such evidence to be recorded by a clerk or stenographer acting under its direction. Where the evidence is recorded in shorthand, the president of the board shall sign the transcript.

(2) The president of a board of inquiry shall read over to each witness the record of his evidence and make any necessary corrections in such record.

(3) A board of inquiry shall, according to the circumstances of the case, determine the language in which the proceedings shall be conducted.

(4) Where proceedings are conducted in a language other than English, the record shall, at the discretion of the board of inquiry, be in English or in the language in which the proceedings are conducted.

(5) The evidence of a witness may be taken down at the discretion of the board of inquiry either in the language in which the witness makes his deposition or in English.

(6) Where any member of a board of inquiry does not understand the language in which a witness makes his deposition, the board shall cause the evidence to be interpreted by a qualified interpreter into a language which the member understands.

(1) The secretary shall give the accused person at least seven days’ notice of the date, time and place of the inquiry.

(2) The notice to the accused person shall be sent by registered letter despatched by express post.

(a) under the hand of the president of the board or, in the case of his absence or incapacity, under the hand of any of the other members of the board, or

(b) under the hand of the secretary.

(1) A board of inquiry shall not postpone the inquiry on the ground of absence of the complainant except where the inquiry cannot proceed without his presence.

(2) A board of inquiry shall not postpone the inquiry on the application of an accused person unless-

(3) A board of inquiry shall not postpone the inquiry on the ground of illness of a necessary party or a material witness unless the board is satisfied on the testimony on oath or affidavit of a qualified medical practitioner that the necessary party or material witness is so ill as to be unable to attend the inquiry.

(1) A board of inquiry shall decide whether or not the accused person is guilty of the charge of bribery made against him, and shall as soon as possible after the conclusion of the inquiry announce the decision.

(2) In the case of a division of opinion among the members of a board of inquiry, the opinion of the majority of them shall prevail and such opinion shall be announced as the decision of the board.

(3) The secretary shall by registered letter despatched by post communicate the decision of a board of inquiry to-

(a) the board shall, if the bribery is the acceptance of a gratification and if that gratification is a sum of money or if the value of that gratification can be assessed, order him to pay as a penalty, within such time as may be specified in the order, a sum which is equal to the amount of the gratification or is, in the opinion of the board, the value of that gratification, and

(b) he shall, in addition to his liability to pay such penalty, be subject or liable to all such disqualifications, disabilities, incapacities and other punishments as by reason of that decision of the board he is subject or liable to under section 29.

(1) Every board of inquiry is hereby empowered to enforce its authority and obedience to its orders by punishing as for contempt any disregard of or disobedience to its authority committed in the presence of the board itself or in the course of any proceeding before the board. For the purpose of this section every board of inquiry shall have all the powers conferred on a court by section 57 of the Courts Ordinance and Chapter IXV of the Civil Procedure Code.

(2) Full power and authority to take cognizance of and to try in a summary manner every other offence of contempt committed against or in disrespect of the authority of a board of inquiry is hereby vested in the Supreme Court in like manner as if the board were a court within the meaning of section 47 of the Courts Ordinance.

(a) wilfully neglects or omits to carry out any direction given to him under subsection (4) of section 3 by the Attorney-General or by any officer empowered by that section to direct and conduct an investigation, or

(b) gives a false answer when questioned under that subsection, or

(c) makes a false statement in an affidavit submitted by him in compliance with a direction under that subsection,

(a) who, when requested under subsection (4) of section 4 to render to the Attorney-General, or to any officer empowered by section 3 to direct and conduct an investigation, any assistance in the exercise of his powers or the discharge of his duties under this Act, wilfully neglects or omits to render that assistance, or

(b) who obstructs or resists the Attorney-General, or any officer authorized by the Attorney-General, in the exercise of the powers of entry and search under subsection (3) of section 4, or

(c) who obstructs or resists the execution of a search warrant issued under section 7,

(a) interferes with any witness summoned in any proceedings for bribery in or before a court, commission of inquiry, or board of inquiry or

(b) induces any such witness to refrain from giving evidence, or

(c) threatens any such witness with injury to his body, mind or reputation in order to deter him from giving evidence, or

(d) injures any such witness in body, mind or reputation in order to deter him from giving evidence, or

(e) compels any such witness not to give evidence,

(1) A person who directly or indirectly influences any member of either a commission of inquiry or a board of inquiry, or any officer appointed under this Act, 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 either a commission of inquiry or a board of inquiry, or any officer appointed under this Act, 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 a member of either a commission of inquiry or a board of inquiry, or of any officer appointed under this Act, 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 either a commission of inquiry or a board of inquiry or wilfully obstructs such commission or board 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.

(a) fails, without such cause as in the opinion of the board is reasonable, to appear at the time and place mentioned in the summons; or

(b) refuses to take the oath or make the affirmation or, having taken the oath or made the affirmation, refuses or fails, without such cause as in the opinion of the board is reasonable, to answer any question put to him relating to the matters under inquiry; or

(c) refuses or fails, without such cause as in the opinion of the board is reasonable, to produce any document or other thing which is in his possession or under his control and which, in the opinion of the board, is necessary for arriving at the truth of the matters under inquiry,

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

(2) Where the decision of a board of inquiry is announced in camera, no person shall print or publish such decision or any part or what purports to be a part or an excerpt of such decision except with the permission of the board given in writing by its president.

(3) No person shall, before the publication of the report of a commission of inquiry under the order of the Governor-General, 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 prosecution for an offence under this Act shall be instituted in any court except by, or with the written sanction of, the Attorney-General.

(2) The proceedings in a District Court for bribery shall be taken up 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.

(4) Subject to the other provisions of this Act, no civil or criminal proceedings in respect of any allegation of bribery made to the Attorney-General or to any public servant in his official capacity shall be instituted in any court against the person who made the allegation except with the written sanction of the Attorney-General.

(5) Subject to the other provisions of this Act, no civil or criminal proceedings shall, except with the written sanction of the Attorney-General, be instituted in any court against a person in respect of any written or oral evidence given by him in any proceedings for bribery.

(6) Nothing contained in the report of a commission of inquiry published under the order of the Governor- General or in a decision of a board of inquiry 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 or decision.

(1) In any proceedings for bribery in any court, or before a commission of inquiry, or board 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 rinding of the court, commission or board 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) If any person, in the course of an investigation of an allegation of bribery against him or in. the course of any proceedings against him for bribery, is preparing or about to leave Ceylon, the Attorney-General or any officer authorized in that behalf by the Attorney-General may apply to any Magistrate for an order requiring such person to furnish bail in such sum as the Magistrate may deem reasonable.

(2) If a person ordered to furnish bail under subsection (1) fails to do so, he shall be remanded to the custody of the Fiscal till such bail is furnished or till such time as the Attorney-General may determine.

(1) At any time before the conclusion of the trail of a person charged with bribery or of the inquiry into a charge of bribery, the Attorney-General may, with the view of obtaining at the trial or inquiry 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 Criminal Procedure Code the evidence on oath of every person accepting a pardon under subsection (1) and transmit the record to the Attorney-General.

(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 or of a Village Committee, and

(b) a committee appointed by an Urban Council under section 29 of the Urban Councils Ordinance, or by a Town Council under section 28 of the Town Councils Ordinance;