Sri Lanka: Prosecutions of Bribery and Corruption
| Date | 01 January 1999 |
| Pages | 287-290 |
| DOI | https://doi.org/10.1108/eb025899 |
| Published date | 01 January 1999 |
| Author | Saleem Marsoof |
| Subject Matter | Accounting & finance |
Journal of Financial Crime — Vol. 6 No. 3 — International
Sri Lanka: Prosecutions of Bribery and Corruption
Saleem Marsoof
The recent legislation on bribery and corruption
enacted in Sri Lanka is part of the global awaken-
ing to the demoralising effect of corruption in
society. Prior to 1994, the law relating to bribery
was contained in ss. 158, 159 and 160 of the Penal
Code of Sri Lanka and the Bribery Act No. 11 of
1954.
The Bribery (Amendment) Act No. 20 of
1994 enacted by the Parliament of Sri Lanka, has
not only brought about a structural change in the
enforcement machinery in respect of offences
under the Bribery Act, but has also for the first
time made 'corruption' an offence. By the Com-
mission to Investigate Allegations of Bribery and
Corruption Act No. 19 of 1994, a permanent
Commission (henceforth referred to as 'the Com-
mission') has been set up for the investigation of
offences of bribery and corruption. The Commis-
sion is intended to be an independent body free
from extraneous pressures including government
influence. The powers exercised earlier by the
Bribery Commissioner, have now been vested in
this Commission. It was the thinking of the Gov-
ernment of Sri Lanka that the Bribery Commis-
sioner, being a public servant and a Head of a
Government Department, is susceptible to the
influence of corrupt public officers.
The Commission consists of three Commis-
sioners appointed by a Constitutional Council
consisting of the Prime Minister, the Leader of the
Opposition, the Chief Justice and several others.
Two of the Commissioners are retired judges of
the Appellate Courts and one of them an officer
having experience in criminal investigations.
Previously, charges and indictments in bribery
cases were filed by the Bribery Commissioner and
the Attorney-General respectively. In terms of the
amendment all cases under the Bribery Act have to
be filed by the Director-General of the Commis-
sion with the sanction of the Commission. This
too is a step towards setting the filing of bribery
cases free from government influence.
The Commission has no penal jurisdiction. Its
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