58. What sanctions are provided for political finance infractions?

Sri Lanka

Sri Lanka

Answer
  • Fines
  • Loss of elected office
  • Loss of political rights
Source

Source: 

Sections 88 ad 89, Parliamentary Elections Act No. 1 of 1981 

Parliamentary Elections Act
87. Punishment on conviction for illegal practices.
(1) Every person who commits an illegal practice shall on conviction by the High Court be liable to a fine not exceeding one hundred thousand rupees and shall by conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or being elected as a Member of Parliament, and if at that date he has been elected as a Member of Parliament, his election shall be vacated from the date of such conviction. 
(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney-General.

88. Special provisions relating to punishment and incapacity for an illegal practice by an unsuccessful candidate at any election.
(1) Where an illegal practice is committed in connection with an election under this Act by any candidate who was not elected as a Member at the election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by the High Court be liable to a fine not exceeding one hundred thousand rupees:
Provided, however, that such candidate shall not be convicted of such illegal practice under this section 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 the illegal practice which is the subject-matter of the prosecution 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 the offence or offences constituting such illegal practice was or were of a trivial, unimportant and limited nature; 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.
(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three 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 as a Member of Parliament, and if at that date he has been elected as a Member of Parliament, his election shall be vacated from the date of such conviction.
(3) A. prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a Member at such election—
(a) except within the period during which an election petition could, if such candidate had been elected as a Member at such election, have been presented against him in connection with his election; and
(b) except by a person who would have had the right to present such petition under section 95; and
(c) except with the sanction of the Attorney-General.
(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a Member at an election under this Act from being prosecuted for
an illegal practice in connection with such election under section 87.

https://www.srilankalaw.lk/revised-statutes/alphabetical-list-of-statutes/862-parliamentary-elections-act.html

Source: 

Sections 86 and 87, Presidential Elections Act No. 15 of 1981

Presidential Elections Act
86. Punishment on conviction for illegal practice.
(1) Every person who commits an illegal practice shall on conviction by the High Court be liable to a fine not exceeding one hundred thousand rupees and shall by conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act.
(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney-General.

87. Special provisions relating to punishment and incapacity for an illegal practice by an unsuccessful candidate at an election.
(1) Where an illegal practice is committed in connection with an election under this Act by any candidate who was not elected to the office of President at the election or with his knowledge or consent or by any of his agents, such candidate shall, on conviction by a Magistrate be liable to a fine not exceeding one hundred thousand rupees:
Provided, however, that such candidate shall not be convicted of such illegal practice under this section committed by any of his agents if he proves to the Magistrate—
(a) that no corrupt or illegal practice was committed at the election by such candidate or his agents and the illegal practice which is the subject-matter of the prosecution was committed contrary to the orders and without the sanction or connivance of such candidate or his agents; and
(b) that such candidate and his agents took all reasonable means for preventing the commission of corrupt and illegal practices at the election; and
(c) that the offence or offences constituting such illegal practice was or were of a trivial, unimportant and limited nature; 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.
(2) Every person who is convicted of an illegal practice under this section shall, by conviction, become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act.
(3) A prosecution for an illegal 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 the right to present such petition under section 93; and
(c) except with the sanction of the Attorney-General.

https://www.srilankalaw.lk/p/921-presidential-elections-act.html

Source: 

Sections 88 and 89, Provincial Councils Election Act No. 2 of 1988

Provincial Councils Elections Act 
88. Punishment on conviction for illegal practices.
(1) Every person who commits an illegal practice shall on conviction by a Magistrate be liable to a fine not exceeding one hundred thousand rupees and shall on conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or being elected as a member of a Provincial Council, and if at that date he has been elected as a member of a Provincial Council, his election shall be vacated from the date of such conviction.
(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney-General.

89. Special provisions relating to punishment and incapacity for an illegal practice by an unsuccessful candidate at an election.
(1) Where an illegal practice is committed in connection with an election under this Act by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents (such candidate shall on conviction by a Magistrate be liable to a fine not exceeding one hundred thousand rupees:
Provided, however, that such candidate shall not be convicted of such illegal practice under this section committed by any of his agents if he proves to the Magistrate—
(a) that no corrupt or illegal practice was committed at the election by such candidate and the illegal practice which is the subject-matter of the prosecution 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 the offence or offences constituting such illegal practice was or were of a trivial, unimportant and limited nature; 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.
(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three 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 as a member of a Provincial Council, and if at that date he has been elected as a member of a Provincial Council, his election shall be vacated from the date of
such conviction.
(3) A prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Act who was not elected as a member at such election except with the sanction of the Attorney-General.
(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Act from being prosecuted for an illegal practice in connection with such election under section 88.

https://www.srilankalaw.lk/p/957-provincial-councils-elections-act.html

Source: 

Sections 82L and 82M, Local Authorities Elections Ordinance No. 53 of 1946 

Local Councils Elections Ordinance 
82L.
(1) Every person who commits an illegal practice shall on conviction by a Magistrate be liable to a fine not exceeding one hundred thousand rupees and shall on conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority his election shall be vacated from the date of such conviction. 
(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney General.

82M. 
(1) Where an illegal practice is committed in connection with an election under this Ordinance by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents. Such candidate shall on conviction by a Magistrate be liable to a fine not exceeding one hundred thousand rupees. 
Provided, however, that such candidate shall not be convicted of such illegal practice under this section committed by any of his agents if he proves to the satisfaction of the Magistrate-
(a) that no corrupt or illegal practice was committed at the election by such candidate and the illegal practice which is the subject mallet of the prosecution 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 the offence or offences constituting such illegal practice was or were of a trivial, unimportant and limitednature; 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.
(2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Ordinance or of being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority, his election shall be vacated from the date of such conviction.
(3) A prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Ordinance who was not elected as a member at such election except with the sanction of the Attorney-General.
(4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Ordinance from being prosecuted for an illegal practice in connection with such election under section 82i.

https://www.srilankalaw.lk/revised-statutes/alphabetical-list-of-statutes/647-local-authorities-elections-ordinance.html

Source:  

Section 61, Referendum Act No. 7 of 1981

Referendum Act 
61. (1) Every person who commits an illegal practice shall on conviction by the High Court be liable to a fine not exceeding three hundred rupees and shall by conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at a Referendum under this Act or being elected as a Member of Parliament, and if at that date he has been elected as a Member of Parliament, his election shall be vacated from the date of such conviction.
(2) A prosecution for an illegal practice shall not be instituted without the sanction of the- Attorney-General.

https://lankalaw.net/wp-content/uploads/2025/03/Referendum-Consolidated-2024.pdf

Further (non-legal) sources https://www.sundaytimes.lk/241027/news/many-candidates-failed-to-meet-requirements-under-the-new-election-expenditure-act-575307.html

In practice, the Election Commission files complaints with Sri Lanka Police, and the legal action is taken following that. See https://elections.gov.lk/web/wp-content/uploads/2025/07/Perfomance_Report_2024_E.pdf, page 23

Comment

Sanctions for political finance infractions apply to candidates (both successful and unsuccessful) not parties (with reference to the sanctions under each election law. On conviction by the Court, offenders may face fines, loss of political rights, and loss of elected office if elected. Prosecution requires the sanction of the Attorney General.

Close tooltip