8
18. (1) The Commission shall, for the purposes of an inquiry or investigations under this
Act, have the power(a) to procure and receive all such evidence, written or oral, and to examine all such
persons as witnesses, as the Commission may think it necessary or desirable to
procure or examine;
(b) to require the evidence (whether written or oral) of any witness, to be given on oath or
affirmation, such oath or affirmation to be that which could be required of the witness
if he were giving evidence, in a court of law, and to administer and cause to be
administered by an officer authorized in that behalf by the Commission an oath or
affirmation to every such witness;
(c) to summon any person residing in Sri Lanka, to attend any meeting of the Commission
to give evidence or produce any document or other thing in his possession, and to
examine him as a witness or require him to produce any document or other thing in his
possession.
(d) to admit notwithstanding any of the provisions of the Evidence Ordinance, any
evidence, whether written or oral, which might be inadmissible to civil or criminal
proceedings;
(e) to admit or exclude the public from such inquiry or investigation or any part thereof.
Evidence
before the
Commission
19. (1) A person who gives evidence before the Commission shall in respect of such
evidence, be entitled to all the privileges to which a witness giving evidence before a court of
law is entitled in respect of evidence given by him before such court.
(2) No person shall in respect of any evidence written or oral, given by that person to, or
before the Commission be liable to any action, prosecution or other proceeding, civil or
criminal in any court.
(3) Subject as hereinafter provided, no evidence of any statement made or given by any
person to, or before the Commission shall be admissible against that person in any action,
prosecution or other proceeding, civil or criminal is any court;
Provided that, nothing in the preceding provisions of this subsection shall (a) affect, or be deemed or construed to affect, any prosecution or penalty for any offence
under Chapter XI of the Penal Code read with section 23 this Act.
(b) prohibit, or be deemed or construed to prohibit the publication or disclosure of the
name, or of the evidence or any part of the evidence of any witness who gives
evidence before the Commission for the purposes of the prosecution of that witness
for any offence under Chapter XI of the Penal Code.
Power relating
to inquiries