BRIBERY ACT

Arrangement of Sections

1. Short title.

2. Effect of this Act on operation of other written law.

PART I

INVESTIGATION OF ALLEGATIONS OF AND PROSECUTION FOR BRIBERY

2A. Repealed.

3. Repealed.

4. Repealed.

5. Repealed.

6. Application of the Code of Criminal Procedure Act, No. 15 of 1978.

7. Repealed.

8. Jurisdiction to try an indictment for bribery in respect of an offence under section 23A.

9. Repealed.

10. Repealed.

11. Calling of witnesses and use and production of documents not specified in the indictment.

12. Manner of service of summons on any person issued in proceedings in court for bribery.

PART II

OFFENCES OF BRIBERY

13. Repealed.

14. Bribery of judicial officers and Members of Parliament.

15. Acceptance of gratification by Members of Parliament for interviewing public officers.

16. Bribery of police officers, peace officers and other public officers.

17. Bribery for giving assistance or using influence in regard to contracts.

18. Bribery for procuring withdrawal of tenders.

19. Bribery in respect of Government business.

20. Bribery in connection with payment of claims, appointments, employments, grants leases, and other benefits.

21. Bribery of public officers by persons having dealings with the Government.

22. Bribery of member of local authority, or of scheduled institution, or of governing body of scheduled institution, and bribery of officer or employee of local authority or of such institution.

23. Use of threats or fraud to influence vote of member of local authority, or of scheduled institution, or of governing body of scheduled institution.

23A. To own or to have owned property deemed under this section to be property acquired by bribery or property to which property acquired by bribery has or had been converted is to be an offence.

24. Acceptor of gratification to be guilty notwithstanding that purpose not carried out.

25. Attempt to commit and abetment of an offence under this Part.

26. When penalty to be imposed in addition to other punishment.

26A. Additional fine to be imposed.

27. Repealed.

28. Recovery of fine or penalty imposed by court.

28A. Forfeiture of property in relation to which an offence has been committed.

29. Effect of a conviction of a person of bribery by a court or the finding of a commission of inquiry that a person is guilty of bribery.

30. Offences under this Part to be cognizable.

30A. Procedure on detection of person receiving illegal gratification.

PART III

COMMISSIONS OF INQUIRY

31. Repealed.

32. Power to appoint commissions of inquiry to investigate allegations of bribery.

33. Application of provisions of Commissions of Inquiry Act.

34. Powers of commissions of inquiry.

35. Inquiry despite absence of person affected.

36. Language of evidence.

37. Offence of contempt against commission of inquiry to be communicated to the President of the Court of Appeal.

38. Publication of report of commission of inquiry.

39. Assessment of value of gratification where commission of inquiry finds person guilty of bribery by having accepted a gratification.

PART IV

40. Repealed.

41. Repealed.

42. Repealed.

43. Repealed.

44. Repealed.

45. Repealed.

46. Repealed.

47. Repealed.

48. Repealed.

49. Repealed.

50. Repealed.

51. Repealed.

52. Repealed.

53. Repealed.

54. Repealed.

55. Repealed.

56. Repealed.

57. Repealed.

58. Repealed.

59. Repealed.

60. Repealed.

61. Repealed.

62. Repealed.

63. Repealed.

64. Repealed.

65. Repealed.

66. Repealed.

67. Repealed.

68. Repealed.

69. Repealed.

PART V

OFFENCES OTHER THAN BRIBERY

70. Corruption.

71. Failure to furnish information.

72. Repealed.

73. Interference with witness.

74. Influencing, threatening or injuring member of commission of inquiry or officer appointed under this Act.

75. Disobeying commission of inquiry.

76. Repealed.

77. Publication of proceedings held in camera and report of commission of inquiry.

PART VI

GENERAL

78. Prosecutions for offences under this Act and suits and proceedings in respect of allegations for bribery or statements in evidence, reports and decisions.

79. Person giving gratification not to be treated as accomplice.

80. Repealed.

81. Tender of conditional pardon.

82. Presumption as to receipt of letter or telegram.

83. Repealed.

84. Amendment of the Schedule.

85. Repealed.

85A. Expenses of persons attending any trial or inquiry under this Act to give evidence.

85B. Provisions of section 303(5) of the Code of Criminal Procedure Act, No. 15 of 1979 not to apply to persons to whom the provisions of section 29 of this Act apply.

85C. Transitional provisions.

PART VII

INTERPRETATION

86. Indirect ownership of property.

87. How to construe reference of Government.

88. When a person offers a gratification.

89. When a person solicits or accepts a gratification.

89A. Public officer soliciting or accepting gratification outside Sri Lanka.

90. Meaning of expressions.

SCHEDULE

8 of 1973,

38 of 1974,

11 of 1976,

11 of 1954,

17 of 1956,

40 of 1958,

2 of 1965,

18 of 1965,

9 of 1980,

20 of 1994.

AN ACT to provide for the prevention and punishment of Bribery and to make consequential provisions relating to the operation of other written law.

[Date of Commencement: 1st March, 1954]

1. Short title.

This Act may be cited as the Bribery Act.

2. Effect of this Act on operation of other written law.

(1) Every provision of this Act which may be in conflict or inconsistent with anything in the Ceylon (Constitution) Order in Council, 19461, 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.

PART I

Investigation of Allegations of, and Prosecution for Bribery

2A. .

[S 2A rep by s 2 of Act 20 of 1994.]

3. .

[S 3 rep by s 2 of Act 20 of 1994.]

4. .

[S 4 rep by s 2 of Act 20 of 1994.]

5. .

[S 5 rep by s 2 of Act 20 of 1994.]

6. Application of the Code of Criminal Procedure Act, No. 15 of 1978.

(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.

[S 6 subs by s 4 of Act 9 of 1980].

7. .

[S 7 rep by s 2 of Act 20 of 1994.]

8. Jurisdiction to try an indictment for bribery in respect of an offence under section 23A.

Notwithstanding the provisions of any other written law to the contrary the high Court holden in any judicial zone shall have jurisdiction to try an indictment for bribery in respect of an offence under section 23A of this Act.

[S 8 subs by s 6 of Act 9 of 1980.]

9. .

[S 9 rep by s 7 of Act 9 of 1980.]

10. .

[S 10 rep by s 2 of Act 20 of 1994.]

11. Calling of witnesses and use and production of documents not specified in the indictment.

At the trial of a person for an offence under this Act, the court or the prosecutor may, notwithstanding anything to the contrary in any other written law, call any such witness, or use or produce any such document, as is not specified in the list of witnesses or productions.

[S 11 subs by s 8 of Act 2 of 1965; am by s 9 of Act 9 of 1980.]

12. Manner of service of summons on any person issued in proceedings in court for bribery.

In addition to the manner of service of summons on witnesses prescribed by the Code of Criminal Procedure Act, No. 15 of 1979, summons on any person issued in proceedings in a court for bribery may served in the following manner—

(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.

[S 12 am by s 8 of Act 2 of 1965; s 10 of Act 9 of 1980.]

PART II

Offences of Bribery

13. .

[S 13 rep by s 12 of Act 40 of 1958.]

14. Bribery of judicial officers and Members of Parliament.

A person—

(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,

shall be guilty of an offence punishable with rigorous imprisonment for a term not exceeding seven years and a fine not exceeding five thousand rupees:

Provided, however, that it shall not be an offence under the preceding provisions of this section for any trade union or other organisation to offer to a Member of Parliament, or for any such Member to accept from any trade union or other organisation, any allowance or other payment solely for the purposes of his maintenance.

[S 14 am by s 9 of Act 2 of 1965.]

15. Acceptance of gratification by Members of Parliament for interviewing public officers.

A Member of Parliament who solicits or accepts any gratification as an inducement or a reward for—

(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,

shall be guilty of an offence punishable with rigorous imprisonment for a term not exceeding seven years and a fine not exceeding five thousand rupees:

Provided, however, that it shall not be an offence under the preceding provisions of this section for a Member of Parliament to appear as an attorney-at-law before a court or before a statutory tribunal of which a public officer is not a member.

[S 15 am by s 9 of Act 2 of 1965.]

16. Bribery of police officers, peace officers and other public officers.

A person—

(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,

shall be guilty of an offence punishable with rigorous imprisonment for a term not exceeding seven years and a fine not exceeding five thousand rupees.

[S 16 am by s 9 of Act 2 of 1965.]

17. Bribery for giving assistance or using influence in regard to contracts.

A person—

(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,

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.

[S 17 am by s 9 Act 2 of 1965.]

18. Bribery for procuring withdrawal of tenders.

A person—

(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;

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.

[S 18 am by s 9 of Act 2 of 1965.]

19. Bribery in respect of Government business.

A person—

(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 officer or assisting, favoring, hindering or delaying any person in the transaction of any business with the Government; or

[S 19(a) am by s 11(i) of Act 9 of 1980.]

(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 favoring as is referred to in paragraph (a) of this section; or

[S 19(b) am by s 11(i) of Act 9 of 1980.]

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

[S 19(c) subs by s 8(1) of Law 38 of 1974.]

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:

[S 19 am by s 9 of Act 2 of 1965; s 8(2) of Law 38 of 1974.]

Provided, however, that it shall not be an offence for a public servant to solicit or accept any gratification which he is authorised by law or the terms of his employment to receive;

[S 19 first proviso ins by s 8(3) of Law 38 of 1974; s 11(i) of Act 9 of 1980.]

Provided further that section 35 of the Medical Ordinance shall not entitle a medical practitioner who is a public servant to solicit or accept any gratification.

[S 19 second proviso ins by s 11(ii) of Act 9 of 1980.]

20. Bribery in connection with payment of claims, appointments, employments, grants leases, and other benefits.

A person—

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

(i) his procuring from the Government the payment of the whole or a part of any claim; or

(ii) his procuring or furthering the appointment of the first-mentioned person or of any other person to any office; or

(iii) his preventing the appointment of any other person to any office; or

(iv) his procuring, or further the securing of, any employment for the first mentioned person or for any other person in any department, office or establishment of the Government; or

(v) his preventing the securing of any employment for any other person in any department, office or establishment of the Government; or

(vi) his procuring, or furthering the securing of, any grant, lease or other benefit from the Government for the first mentioned person or for any other person; or

(vii) his preventing the securing of any such grant, lease or benefit for any other person; or

(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,

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.

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