Sri Lanka Consolidated Acts

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Payment Of Gratuity Act (No. 12 of 1983) - Sect 16

Where the accused proves that some other person is guilty of the offence

16. Where a person (hereinafter referred to as "the accused ") is charged with an offence under this Act, he shall, upon complaint duly made by him in accordance with the provisions of section 136 of the Code of Criminal Procedure Act, No. 15 of 1979, and on giving to the prosecution not less than three days notice of his intention, be entitled to have any other person whom he charges as the actual offender brought before the court, and if, after the commission of the offence has been proved, the accused proves to the satisfaction of the court that the commission of the offence was due to the act or default of such other person, such other person may be convicted of the offence, and if the accused further proves that he has used all due diligence to enforce the provisions of this Act, he shall be acquitted of the offence.


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