| (2) In particular, but without prejudice to the generality of the provisions of subsection (1), the following provisions shall apply at any inquiry before a Commission: -
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| (a) The Commission may at the inquiry, notwithstanding any of the provisions of the Evidence Ordinance, admit any evidence which might be inadmissible if those provisions were applicable. | | |
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| (b) A confession or other incriminatory statement to whomsoever and in whatsoever circumstances made by any person who is alleged to have, or is suspected of having, committed an offence, may at any inquiry before the Commission be proved against such person, so, however, that if it is sought by or on behalf of such person to reduce or minimise the weight that shall be attached to such confession or incriminatory statement, the burden of proving the facts necessary to support such contention shall lie on such person. | | |
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| (c) Where, at any time in the course of the inquiry, the Commission is of opinion that there are matters which call for an explanation by any person whose conduct is the subject of inquiry, such person, whether or not he intends to tender other evidence, shall, if called upon to do so by the Commission, be bound to give evidence and to answer any questions that may be put to him by the Commission or by counsel appearing to assist the Commission. | | |
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| (d) A confession or other incriminatory statement made by an accomplice incriminating any other person suspected of having committed an offence shall be relevant and admissible against the latter person: | | |
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| (e) Any statement referred to in paragraph (b) or paragraph (d) of this subsection shall not be rendered irrelevant or inadmissible by reason of the provisions of section 122 (3) of the Criminal Procedure Code. | | |
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| (f)
| | | (i) A report purporting to be under the hand of the Government Analyst or Assistant Government Analyst or any other officer acting in such capacity in regard to the identity, composition or character of any thing or matter submitted to him for examination or analysis stall be conclusive proof of the statements contained in such report without such person being called to testify at the inquiry. |
| (ii) The Commission may presume that the signature of such Analyst on such certificate is genuine and that he held the office of such Analyst at the time he signed such certificate. |
| (iii) The Commission may, if it thinks fit, summon and examine such Analyst as to the subject-matter of such certificate. |
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| (g) A report purporting to be under the hand of a competent authority relating to the occurrence of certain events which have come within his knowledge in the course of his official functions or duties shall be conclusive proof of the statements contained in such report without such person being called to testify at the inquiry. Such report shall not contain any statement as to the identity of any person having been concerned in such occurrence. | | |
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Sri Lanka Consolidated Acts