81.
| (1) Where a corrupt practice is committed in connection with an election under this Act by any candidate who was not elected to the office of President at such election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by the High Court be liable, in the case of the offence of personation, to imprisonment for a term not exceeding twelve months, and, in any other case, to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment Provided, however, that such candidate shall not be convicted of such corrupt practice under this section consisting of the offence of treating or undue influence committed by any of his agents if he proves to the High Court
| | (a) that no corrupt or illegal practice was committed at the election by such candidate and such offence was committed contrary to the orders and without the sanction or connivance of such candidate; and | | |
| | (b) that such candidate took all reasonable means for preventing the commission of corrupt and illegal practices at the election ; and | | |
| | (c) that any such offence was of a trivial, unimportant and limited character; and | | |
| | (d) that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and his agents. | | |
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| (2) Every person who is convicted of a corrupt practice under this section shall, by conviction, become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at an election under this Act or of being elected to the office of President. |
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| (3) A prosecution for a corrupt practice under this section shall not be instituted against any candidate at an election under this Act who was not elected to the office of President at such election
| | (a) except within the period during which an election petition could, if such candidate had been elected to the office of President at such election, have been presented against him in connection with his election ; and | | |
| | (b) except by a person who would have had a right to present such petition under section 93 ; and | | |
| | (c) except with the sanction of the Attorney-General. | | |
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| (4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected to the office of President at an election under this Act from being prosecuted for a corrupt practice in connection with such election under section 80. |
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Sri Lanka Consolidated Acts