Code of Criminal Procedure Act

ActsNos. 15 of 1979.

36 of 1979.68 of 1979.52 of 1980.

CHAPTER 26

CODE OF CRIMINAL PROCEDURE

AN ACT TO REGULATE THE PROCEDURE OFTHE CRIMINAL COURTS.

Short title 1. This Act (hereinafter referred to as" the Code ") may be cited as the Code ofCriminal Procedure Act,

PART I

CHAPTER I

PRELIMINARY

interpretation. 2. In this Code unless the contextotherwise requires—

" appointed date " means the 2nd day ofJuly, 1979;

[2nd July, 1979.]

"complaint" means the allegation made " Complaint.orally or in writing to aMagistrate with a view to histaking action under this Codethat some person, whetherknown or unknown, hascommitted an offence;

" Corporation " includes any corporation, " Corpora-tion. "board or other body established

by or under any written law withcapital wholly or partly providedby the Government by way ofgrant, loan or other form ;

" Attorney-General. "

•• Bailableoffence."

" Chapter.'" Schedule." Section."

" ChiefJustice.

" Cognizableoffence."

" Attorney-General " means the Attorney-General of the Republic of SriLanka and includes an actingAttorney-General;

" bailable offence" means an offenceshown as bailable in the FirstSchedule or which is madebailable by any other law for thetime being in force, and " non-bailable offence" means anyother offence;

." Chapter " means a Chapter of this Code,and " Schedule" means aschedule annexed to this Code,and " section " means a sectionof this Code;

" Chief Justice " means the Chief Justiceof the Republic of Sri Lanka andincludes an acting Chief Justice ;

" cognizable offence " means an offencefor which and " cognizable-case'"means a case in which a peaceofficer may in accordance withthe First Schedule arrest withoutwarrant,

"Court of Appeal" and "court" when "Court ofapplicable to the Court of Appeal."Appeal mean the Court ofAppeal of the Republic of SriLanka for the time being or thePresident of the Court of Appealor any Judge or acting Judgethereof;

"discharge", with its' grammatical "Discharge.'variations and cognateexpressions means the discontinuance of criminalproceedings against an accusedbut . does not include anacquittal;

" enactment " includes an Ordinance, Act " Enactment.or Law of Sri Lanka;

" explosives '* has the same meaning as in " Explosives.the Explosives Act;

" fine " includes " Fine.any fine, pecuniaryforfeiture, or compensationadjudged upon any convictionfor any crime or offence or forthe breach of any enactment byany court;

II/79.

Cap.26] CODE OF CRIMINAL PROCEDURE

Fiscal.

" GovernmentAgent."

" GovernmentAnalyst."(§2. 52 of 1980.]

"GovernmentExaminer ofQuestionedDocuments."[§2, 52 of 1980.]

" Governmentmedicalofficer."

"HighCourt.

** Indictableoffence."

" Informa-tion Book.'

" Fiscal " means the Fiscal of a court andincludes any person authorizedeither generally or specially by aJudge to exercise, perform or

discharge any power, duty orfunction of the Fiscal under thisCode;

" Government Agent " or " GovernmentAgent of the district " means theGovernment Agent of theAdministrative District andincludes an Additional or anAssistant Government Agent ofsuch district;

" Government Analyst" includes anyperson appointed to be or to actas Government Analyst orAdditional or Deputy or SeniorAssistant or AssistantGovernment Analyst;

"Government Examiner of QuestionedDocuments " includes any personappointed to be or to act asGovernment Examiner ofQuestioned Documents orSenior Assistant or AssistantGovernment Examiner ofQuestioned Documents;

"Government medical officer" includesany officer of the Department ofForensic Medicine of anyFaculty of Medicine of anyUniversity of Sri Lanka;

" High Court" and " court" whenapplicable to the High Courtmean the High Court of theRepublic of Sri Lanka for thetime being or a Judge of theHigh Court or an acting Judgeof the High Court ;

"indictable offence" means an offencetriable only by the High Courtwhether with or without a juryor by the High Court at Barwithout a jury;

"Information Book" includes a crimepad or 'file maintained bythe Criminal InvestigationDepartment and any bureau ofinvestigation for the purpose ofrecording statements;

" inquirer " means a person appointed by " Inquirer."the Minister under Chapter XI;

"inquiry" includes every inquiry "Inquiry."conducted under this Codebefore a Magistrate's Court orby an inquirer;

" Island " means the Island of Sri Lanka; " Island."

" Judge " means the presiding officer of a " Judge."court and includes a Judge of theSupreme Court, Court ofAppeal, High Court, DistrictCourt, Magistrate's Court andPrimary Court as the contextmay require and includes anacting Judge of such court ;

"' judicial proceeding" means any " Judicialproceeding in the course of proceeding.which evidence is or may belegally taken;

" Magistrate " means a Magistrate " Magistrate.appointed to a Magistrate'sCourt and includes a MunicipalMagistrate, a Magistrate of aJuvenile Court and an acting oradditional Magistrate of anysuch court;

"non-cognizable offence" means anoffence for which and " non-cognizable case " means a case inwhich a peace officer may notarrest without warrant ;

" Non-cognizableoffence. "

"offence" means any act or omission "offence."- made punishable by any law for

the time being in force in SriLanka;

"offensive weapon** has the same "offensivemeaning as in the Offensive weapon."Weapons Act;

" officer in charge of a police station "includes, if the context sorequires, an officer in charge of abranch of a police station andwhen the officer in charge of apolice station or of a branch of apolice station is absent therefromor unable from illness to performhis duties, the police officerpresent at the police station or atthe branch who is next in rank tosuch officer.

" Officer incharge ofa policestation."

II/80

CODE OF CRIMINAL PROCEDURE [Cap.26

"Peaceofficer."

'peace officer" includes police officersand grama seva niladharisappointed by a GovernmentAgent in writing to performpolice duties;

"PenalCode."

Penal Code" meanstogether withmodificationthereof:

the Penal Codeevery statutory

or amendment

"Supreme Court" and "court" when "Supremeapplicable to the Supreme Court Court."mean the Supreme Court of theRepublic of Sri Lanka for thetime being or the Chief Justice orany Judge thereof;

"suspended sentence" means a sentence "Suspendedin respect of which an order sentence."under section 303 is made-;

'' Person".

"Pleader".

"Policeofficer."

"Policestation.'

' Prescribed.'

' Registrar."

" Registrar ofFingerPrints. "

"Solicitor-General. "

" StateCounsel.'

"Summaryoffence."

"person" includes a body of persons,whether incorporate or not;

"pleader", used with reference to anyproceeding in any court, meansan attorney-at-law;

"police officer" means a member of anestablished police force andincludes police reservists;

"police station " means any post declaredgenerally or specially by theMinister in charge of the subjectof Defence to be a police station,and includes a mobile policepost, the Criminal InvestigationDepartment and any bureau ofinvestigation;

" prescribed " means prescribed by this Code, or by any rules made

thereunder;

" Registrar" means the Registrar of anycourt as . the context mayrequire;

"Registrar of Finger Prints" means theofficer for the time being holdingthe office of Registrar of FingerPrints;

" Solicitor-General" means the Solicitor-General of Sri Lanka andincludes an Additional Solicitor-General and a DeputySolicitor-General;

"State Counsel" includes a Senior StateCounsel and an acting StateCounsel;.

"summary offence" means an offencetriable by a Magistrate's Court;

"Writing.'"Written.

3. (1) Words which refer to acts done Wordsextend to illegal omissions, referring

toactsincludeillegal

" writing " and " written " include printing,lithography, photography,engraving, and every other modein which words or figures can beexpressed on paper or on anysubstance.

(2) All words and expressions used hereinand defined in the Penal Codeand not hereinbefore definedshall be deemed to have themeanings respectively attributedto them by that Code.

(3) Whenever by or for the purposes ofthis Code any person is directed orrequired to sign a document thesignature must be written with apen or other like instrument andmust not be affixed or impressedby a stamp or other like means.

4. Where a power, jurisdiction or rightis conferred, or a duty is imposed, on theAttorney-General, Solicitor-General,Inspector-General of Police, GovernmentAnalyst, Government Examiner ofQuestioned Documents, Registrar of FingerPrints, or the Registrar of a court, then,such power, jurisdiction or right may beexercised and the duty performed by theholder for the time being of the office or theacting holder of such office or the additionalor the deputy or the assistant officer. Suchadditional, deputy or assistant officer shallinclude any person appointed to act in suchoffice.

omissions.

Words tohave samemeaning asin thePenal Code.

Signaturesto be inhandwriting.

Powers,jurisdiction,rights andduties ofcertainofficers.

11/81

Cap. 26] CODE OF CRIMINAL PROCEDURE

Trial ofoffencesunder PenalCode andother laws.

Saving ofpowers ofSupremeCourt,Court ofAppeal andAttorney-General.

Cases notprovided for.

Power ofSupremeCourt andCourt ofAppealto inspectcourtsof firstinstance.

5. All offences—

(a) under the Penal Code,

(b) under any other law unless otherwisespecially provided for in that law orany other law,

shall be investigated, inquired into, triedand otherwise dealt with according to theprovisions of this Code.

6. Anything in this Code shall not beconstrued as derogating from or limiting thepowers or jurisdiction of the Supreme Courtor of the Court of Appeal or of the Judgesthereof or of the Attorney-General.

7. As regards matters of criminalprocedure for which special provisions maynot have been made by this Code or by anyother law for the time being in force suchprocedure as the justice of the case mayrequire and as is not inconsistent with thisCode may be followed.

PART II

CHAPTER II

POWERS OF CRIMINAL COURTS

A.—POWERS GENERALLY

8. In addition to other powers vested inthe Supreme Court and the Court ofAppeal, such courts in the exercise of theirpowers of superintendence may inspect allcourts of first instance and give directions asto the keeping of the records thereof.

Jurisdictionto inquireinto thecommissionof offences,

its local jurisdiction, which offencesby this Code or any other law inforce are made cognizable by aMagistrate's Court or a DistrictCourt ;

(b) Jurisdiction—

(i) to inquire into alt offencescommitted or alleged to havebeen committed wholly or inpart within its localjurisdiction or in relation towhich jurisdiction is by thisCode given to such court toinquire into, to summon andexamine all witnesses touchingsuch offences, and to issuewarrants and other processesto apprehend and summon allcriminals and offenders anddeal with them according tolaw ; and

(ii) to issue warrants to search or tocause to be searched all placeswherein any stolen goods orany goods, articles, or thingswith which or in respect ofwhich any offence has beencommitted are alleged to bekept or concealed, and torequire persons to furnishsecurity for the peace or fortheir good behaviouraccording to law ; and

(iii) to inquire into all cases inwhich any person shall die inany prison or mental orleprosy hospital or shall cometo his death by violence oraccident, or when death shallhave occurred suddenly, orwhen the body of any personshall be found dead withoutits being known how suchperson came by his death.

To issuesearchwarrants andto requiresureties forthe peace.

To inquireinto casesof suddenor accidentaldeath.

Criminalsummaryjurisdiction ofMagistrates'Courts.

9. Subject to and in accordance with theprovisions of this Code every Magistrate'sCourt shall have—

(a) power and authority and is herebyrequired to hear, try, determine,and dispose of in a summary wayall suits or prosecutions for offencescommitted wholly or in part within

10. Subject to the other provisions of Offencesthis Code any offence under the Penal Code undcr Penalwhether committed before or after theappointed date may be tried save asotherwise specially provided for in anylaw—

Code.

(a) by the High Court ; or

11/82

CODE OF CRIMINAL PROCEDURE [Cap. 26

Offencesunder other

laws.

High Courtto try casesonly uponindictment.

(b) by a Magistrate's Court where thatoffence is shown in the eighthcolumn of the First Schedule to betriable by a Magistrate's Court.

11*. Any offence under any law otherthan the Penal Code whether committedbefore or after the appointed date shall betried save as otherwise specially providedfor in any law—

(a) where a court is mentioned in thatbehalf in that law—

(i) by the High Court where thecourt mentioned is the HighCourt or in relation to anoffence punishable withimprisonment for a termexceeding two years or with afine exceeding one thousandfive hundred rupees, the courtmentioned is the DistrictCourt;

(ii) by a Magistrate's Court wherethe court mentioned is theMagistrate's Court or inrelation to an offencepunishable with imprisonmentfor a term not exceeding twoyears or with a fine notexceeding one thousand fivehundred rupees, the courtmentioned is the DistrictCourt;

(b) where a court is not mentioned in thatbehalf in that law—

(i) by the High Court; or

(ii) by a Magistrate's Court wherethe offence is punishable withimprisonment not exceedingtwo years or with a fine notexceeding one thousand fivehundred rupees.

12. Subject to the provisions of thisCode and of any other written law the HighCourt shall not take cognizance of anyoffence unless the accused person has beenindicted before it for trial by or at theinstance of the Attorney-General.

13. The High Court may impose anysentence or other penalty prescribed bywritten law.

14. A Magistrate's Court may imposeany of the following sentences:—

(a) imprisonment of either description fora term not exceeding two years;

(b) fine not exceeding one thousand fivehundred rupees;

c) whipping;(d) any lawful sentence combining any

two of the sentences aforesaid :

Provided that anything in this sectionshall not be deemed to repeal the provisionsof any enactment in force whereby specialpowers of punishment are given.

15. (1) Notwithstanding anything inthis Code, the Penal Code, or any otherwritten law to the contrary, any court shallnot sentence any person to imprisonment,whether in default of payment of a fine or.not, for a term which is less than seven days.

(2) Any court may, in any circumstancesin which it is empowered by any written orother law to sentence an offender toimprisonment, whether in default ofpayment of a fine or not, in lieu of imposinga sentence of imprisonment, order that theoffender be detained in the precincts of thecourt until such hour on the day on whichthe order is made, not being later than 8p.m., as the court may specify in the order.

(3) Any court may impose such term ofimprisonment in default of payment of afine as is authorized by law in case of suchdefault, provided that the term imposed isnot in excess of the court's powers underthis Code.

(4) The imprisonment imposed undersubsection (3) may be in addition to asubstantive sentence of imprisonment forthe maximum term that may be imposed bythe court under sections 13 and 14.

16. (1) When a person is convicted atone trial of any two or more distinctoffences the court may, subject to section301, sentence him for such offences to theseveral punishments prescribed therefor

Sentencewhich HighCourt mayimpose.Sentencewhich aMagistrate'sCourt mayimpose.

No sentenceof imprison-ment for aterm of lessthan sevendays.

Sentence ofdetentionin precinctsof court inlieu ofimprison-ment.

Power ofcourts tosentence toimprisonmentin defaultof paymentof fine.

Sentence incase ofconvictionfor severaloffences atone trial.

* Alterations necessitated by this provision have been made in other enactments reproduced in this Edition.

II/83


Maximumterm ofpunishment.

Payment ofcosts andcompensationuponacquittal.

which such court is competent to inflict;such punishments when consisting ofimprisonment to commence, unless thecourt orders them or any of them to runconcurrently, the one after the expiration ofthe other in such order as the court maydirect, even where the aggregate punishmentfor the several offences is in excess of thepunishment which the court is competent toinflict on conviction of one single offence:

Provided that if the case is tried by aMagistrate's Court the aggregatepunishment shall not exceed twice theamount of punishment which such court inthe exercise of its ordinary jurisdiction iscompetent to inflict.

(2) For the purpose of appeal aggregatesentences imposed under subsection (1) incase of convictions for several offences atone trial shall be deemed to be a singlesentence.

B.—PAYMENTS OF COSTS AND COMPENSATION

17. (1) Whenever a court acquits ordischarges the accused and declares that thecomplaint was frivolous or vexatious, itshall be lawful for such court to order thecomplainant to pay State costs in a sumdetermined by the court. The court may, inaddition, at the same time, order thecomplainant to pay to the accused or toeach of the accused when there are morethan one, such compensation as it shallthink fit.

(2) Whenever any person causes a policeofficer to arrest another person, if it appearsto the court taking cognizance of the casethat. there was no sufficient ground forcausing such arrest, the court may awardsuch compensation as it thinks fit to be paidby the person so causing the arrest to theperson so arrested for his loss of time andincome and for his expenses in the matter. Ifmore persons than one are arrested, thecourt may in like manner award to each ofthem such compensation as the court shallthink fit. The payment of suchcompensation shall not be a bar to an actionfor false imprisonment.

(3) Before making any order under thepreceding subsections the court shall record

and consider any objection which thecomplainant may urge against the makingof the order, and, if the court makes suchorder, it shall record its reasons for makingthe same.

(4) Whenever any person is convicted ofany offence or where the court holds thecharge to be proved but proceeds to dealwith the offender without convicting him,the court may order the person convicted oragainst whom the court holds the charge tobe proved to pay within such time or in suchinstalments as the court may direct, Suchsum by way of compensation to any personaffected by the offence as to the court shallseem fit.

(5) If the offender referred to insubsection (4) is under the age of sixteenyears the court may, if it deems fit, order thepayment to be made by his parent orguardian.

(6) Any sum awarded under this sectionwhether by way of costs or compensationshall be recoverable as if it were a fineimposed by the court.

(7) When the compensation ordered is bya Magistrate's Court such compensationshall not exceed five hundred rupees to eachaggrieved party.

(8) Whenever a court imposes a fine or asentence of which a fine forms a part, thecourt may order the whole or any part ofthe fine recovered to be applied—

(a) in defraying the expenses properlyincurred in the prosecution ; or

(A) in compensation for the injury causedby the offence committed.

(9) At the time of awardingcompensation in any subsequent civil suitrelating to the same matter, the court shalltake into account any sum paid or recoveredas compensation under this section.

C.—COMMUNITY SERVICE ORDERS

18. (1) The court may in lieu ofimposing a sentence of imprisonment onconviction of an accused person or in lieu ofimposing a sentence of imprisonment on anaccused person in default of payment of afine enter an order hereinafter referred to as

Payment ofcompensationuponconviction.

Compensationnot to exceedfive hundredrupees.

Fine maybe appliedto defrayexpenses ofprosecution.

Communityserviceorders.

11/84


Public whento assistMagistratesand peaceofficers.

a "community service order", directing theaccused person to perform stipulated serviceat a named place in a State or State-;sponsored project, if regulations have beenmade by the Minister for carrying out suchan order.

(2) The duration of the communityservice order shall not be more than oneyear when the order is entered by aMagistrate and three years when the order isentered by the High Court.

(3) If the convicted person in respect ofwhom a community service order has beenentered, fails to attend at the place of worknamed, or having attended fails to do thestipulated service or is irregular inattendance or not punctual in attendance ordoes not work to the satisfaction of themanagement of the project or otherwise failsto comply with such community serviceorder, then it shall be lawful for the courtwhich entered the order to revoke it andimpose such sentence of imprisonment as itthinks fit.

(4) Throughout the duration of thecommunity service order, the manager or asupervising officer of the project shallforward, every month to the court whichpassed the community service order, areport on the attendance and work of theconvicted person and stating whether thecommunity service order is being or hasbeen complied with and such report shall befinal and conclusive on such questions.

PART IIIGENERAL PROVISIONS

CHAPTER IIIOF AID AND INFORMATION TO THE

MAGISTRATES AND POLICE AND PERSONSMAKING ARRESTS

19. Every person is bound to assist aMagistrate or a peace officer reasonablydemanding his aid—

(a) in the taking of any other personwhom such Magistrate or peaceofficer is authorized to arrest;

(b) in the prevention of a breach of thepeace or of any injury attempted tobe committed to any publicproperty;

Aid toperson otherthan peaceofficerexecutingwarrant.

(c) in the suppression of a riot-or anyaffray.

20. When a warrant is directed to aperson other than a peace officer any otherperson may aid in the execution of suchwarrant if the person to whom the warrantis directed be near at hand and acting in theexecution of his warrant.

21. Every person aware—

(a) of the commission of or the intentionof any other person to commit anyoffence punishable under thefollowing sections of the PenalCode namely, 114, 115, 116, 117,118, 119, 120, 121, 122, 126, 296.297. 371, 380, 381, 382, 383, 384.418. 419, 435, 436, 442, 443, 444,445 and 446;

(b) of any sudden or unnatural death ordeath by violence, or of any deathunder suspicious circumstances, orof the body of any person beingfound dead without it being knownhow such person came by death,

shall in the absence of reasonable excuse—the burden of proving which shall lie uponthe person so aware—forthwith -giveinformation to the nearest Magistrate'sCourt or to the officer in charge of thenearest police station or to a peace officer orto the grama seva niladhari of the nearestvillage of such commission or intention orof such sudden unnatural or violent deathor death under suspicious circumstances orof the finding of such dead body.

22. Every peace officer shall forthwithcommunicate to the nearest Magistrate orinquirer having jurisdiction or to his ownimmediate superior officer any informationwhich he may have or obtain respecting—

(a) the commission of or the attempt tocommit any offence within thelocal jurisdiction in which he isempowered to act;

(b) the occurrence therein of any suddenor unnatural death or of any deathby violence or under suspiciouscircumstances;

public togive infor-mation ofcertainoffences.

Peace officerbound toreportcertainmatters.

II/85


Arrest howmade.

Resistingendeavourto.arrest.

Search ofplaceentered byperson

sought tobe arrested.

Procedurewhere ingressnotobtainable.

(c) the finding of the dead body of anyperson without it being, known howsuch person came by death.

CHAPTER IVOF ARREST, ESCAPE, AND RETAKING

A.—ARREST GENERALLY

23. (1) In making an arrest the personmaking the same shall actually touch orconfine the body of the person to bearrested unless there be a submission to the-custody by word or action and shall informthe person to be arrested of the nature ofthe charge or allegation upon which he isarrested.

Explanation.— Keeping a person in confinementor restraint without formally arresting himor under the colourable pretension that anarrest has not been made when to all intentsand purposes such person is in custody shallbe deemed to be an arrest of such person;

' / •(2) If such person forcibly resists the

endeavour to arrest him or attempts toevade the arrest, the person matting thearrest may use such means as are reasonablynecessary to effect the arrest.

(3) Anything in this section shall notgive a right to cause the death of a personwho is not accused of an offence punishablewith death.

24. If any person acting under a warrantof arrest or having authority to arrest hasreason to believe that any person to bearrested has entered into or is within anyplace, the person residing in or in charge ofsuch place shall on demand of such personacting or having authority as aforesaidallow him free ingress therein and afford allreasonable facilities for a search therein.

25. If ingress to such place cannot beobtained under section 24 it shall be lawfulin any case for a person acting under awarrant, or in any case in which a warrantmay issue but cannot be obtained withoutaffording the person to be arrested anopportunity of escape, for a peace officer toenter such place and search therein, and inorder to effect an entrance into such place

to break open any outer or inner door orwindow of any place whether that of theperson to be arrested or of any otherperson, if after notification of his authorityand purpose and demand of admittanceduly made he cannot otherwise obtainadmittance.

26. Whenever a search for anything is oris about to be lawfully made in any house orplace in respect of any offence all personsfound therein may be lawfully detained insuch house or place until the search iscompleted, and subject to section 30 theymay, if the thing sought be in its naturecapable of being concealed on the person,be searched for it by or in the presence of aMagistrate or inquirer or police officer notunder the rank of Inspector.

27. Any person authorized to make anarrest may break open any outer or innerdoor or window of any place in order toliberate himself or any other person who,having lawfully entered for the purpose ofmaking an arrest, is detained therein.

28. The person arrested shall not besubjected to more restraint than is necessaryto prevent his escape.

29. Whenever a person—

(a) is arrested by a peace officer under awarrant which does not provide forthe taking of bail, or under awarrant which provides for thetaking of bail but the personarrested cannot furnish bail; or

(b) is arrested without warrant or by aprivate person under a warrant andcannot legally be admitted to bailor is unable to furnish bail,

the peace officer making the arrest, or whenthe arrest is made by a private person thepeace officer to whom he hands over theperson arrested, may subject to section 30search such person and place in safe custodyall articles other than necessary wearingapparel found upon him, and any of sucharticles which there is reason to believe werethe instruments or the fruits or otherevidence of the crime rmy be detained untilhis discharge or acquittal.

Search ofperson inplacesearchedunderwarrant.

Power to breakopen doors andwindows forpurposes ofliberation.

No unneces-sary restraint.

Search ofpersonsarrested.

II/86

CODE OF CRIMINAL PROCEDURE Cap. 26]

Mode ofsearchingwomen.

Power to seizeoffensiveweapons.

When peaceofficers mayarrest withoutwarrant.

30. Whenever it is necessary to cause awoman to be searched the search shall bemade by another woman with strict regardto decency.

31. The person making any arrest underthis Code may take from the person arrestedany offensive weapons or any instrumentcapable of being used for committing anoffence which he has about his person andshall deliver all weapons and instruments sotaken to the court or officer before which orwhom the person making the arrest isrequired by law to produce the personarrested.

B.—ARREST WITHOUT A WARRANT

32. (1) Any peace officer may withoutan order from a Magistrate and without awarrant arrest any person—

(a) who in his presence commits anybreach of the peace;

(A) who has been concerned in anycognizable offence or against whoma reasonable complaint has beenmade or credible information hasbeen received or a reasonablesuspicion exists of his having beenso concerned;

(c) having in his possession withoutlawful excuse (the burden ofproving which excuse shall He onsuch person) any implement ofhouse-breaking;

(d) who has been proclaimed as anoffender;

(e) in whose possession anything is foundwhich may reasonably be suspectedto be property stolen orfraudulently obtained and who mayreasonably be suspected of havingcommitted an offence withreference to such thing;

(f) who obstructs a peace officer while inthe execution of his duty or whohas escaped or attempts to escapefrom lawful custody;

(g) reasonably suspected of being adeserter from the Sri Lanka Army,Navy or Air Force;

(h) found taking precautions to concealhis presence under circumstanceswhich afford reason to believe thathe is taking such precautions with aview to committing a cognizableoffence;

(i) who has been concerned in or againstwhom a reasonable complaint hasbeen made or credible informationhas been received or a reasonablesuspicion exists of his having beenconcerned in any act committed atany place out of Sri Lanka, which ifcommitted in Sri Lanka would havebeen punishable as an offence andfor which he is under any law for:the time being in force relating toextradition or to fugitive persons orotherwise liable to be apprehendedor detained in custody in Sri Lanka.

(2) Anything i" this section shall not beheld to interfere with or modify theoperation of any enactment empowering apeace officer to arrest without a warrant.

33. (1) When any person in the presence power ofof a peace officer is accused of committing a arrest in nonnon-cognizable offence and refuses on the cognizabledemand of such peace officer to give his cases.name and residence or gives a name orresidence which such officer has reason tobelieve to be false, he may be arrested bysuch peace officer in order that his name orresidence may be ascertained, and he shallwithin twenty-four hours from the arrestexclusive of the time necessary for thejourney be taken before the nearestMagistrate's Court unless before that timehis true name and residence are ascertained,in which case such person shall be forthwithreleased on his executing a bond for hisappearance before a Magistrate's Court if sorequired.

(2) When any person is accused ofcommitting a non-cognizable offence and apeace officer has reason to believe that suchperson has no permanent residence in SriLanka and that he is about to leave SriLanka, he may be arrested by such peaceofficer and shall be taken forthwith to thenearest Magistrate who may either requirehim to execute a bond with or without asurety for his appearance before aMagistrate's Court or may order him to bedetained in custody until he can be tried.

11/87


Pursuit ofoffenders intootherjurisdiction.

Arrest byprivatepersons,procedure onsuch arrest.

How personarrested is tobe dealt with.

Person arrestednot to bedetained morethan twenty-four hours.

Police toreport arrests.

Discharge ofpersonarrested.

34. For the purpose of arresting anyperson whom he has power to arrestwithout a warrant a peace officer maypursue any such person into any part of SriLanka.

35. Any private person may arrest anyperson who in his presence commits acognizable offence or who has beenproclaimed as an offender, or who isrunning away and whom he reasonablysuspects of having committed a cognizableoffence, and shall without unnecessary delaymake over the person so arrested to thenearest peace officer or in the absence of apeace officer take such person to the nearestpolice station. If there is reason to believethat such person comes under the provisionsof section 32 a peace officer shall re-arresthim. If there is reason to believe he has

. committed a non-cognizable offence and herefuses on the demand of a police officer togive his name and residence or gives a nameor residence which such officer has reasonto believe to be false or is a person whomsuch officer has reason to believe is about toleave Sri Lanka, he shall be dealt with underthe provisions of section 33. If there is noreason to believe that he has committed anyoffence he shall be at once discharged.

36. A peace officer making an arrestwithout warrant shall without unnecessarydelay and subject to the provisions hereincontained as to bail take or send the personarrested before a Magistrate havingjurisdiction in the case.

37. Any peace officer shall not detain incustody or otherwise confine a personarrested without a warrant for a longerperiod than under all the circumstances ofthe case is reasonable, and such period shallnot exceed twenty-four hours exclusive ofthe time necessary for the journey from theplace of arrest to the Magistrate.

38. Officers in charge of police stationsshall report to the Magistrates' Courts oftheir respective districts the cases of allpersons arrested without warrant by anypolice officer attached to their stations orbrought before them and whether suchpersons have been admitted to bail orotherwise.

39. Any person who has been arrestedwithout a warrant by a peace officer shallnot be discharged except on his own bond

Offencecommitted inthe presence ofMagistrate.

Arrest by or inpresence ofMagistrate.

Power topursue andretake a personescaping fromlawful custody.

or on bail or under the special order inwriting of a Magistrate.

40. When any offence is committed inthe presence of a Magistrate within the locailimits of his jurisdiction he may himselfarrest or order any person to arrest theoffender and may thereupon, subject to theprovisions herein contained as to .bail,commit the offender to custody.

41. Any Magistrate may at any timearrest or direct the arrest in his presencewithin the local limits of his jurisdiction ofany person for whose arrest he is competentat the time and in the circumstances to issuea warrant.

42. If a person in lawful custody escapesor is rescued the person from whose custodyhe escaped or was rescued may immediatelypursue and arrest him in any place, eitherwithin or without the jurisdiction where hewas so in custody, and deal with suchperson as he might have done on theoriginal taking.

43. The provisions of sections 24, 25 and27 shall apply to arrest under section 42although the person making the arrest is notacting under a warrant and is not a peaceofficer having authority to arrest.

CHAPTER V

OF PROCESS To COMPEL APPEARANCE

A.—SUMMONS

44. (1) Every summons issued by a Registries ofcourt under this Code shall b? in writing in summonsduplicate and signed by the Registrarissuing the summons or such cth^r officer assuch court may appoint and shall be in theprescribed form.

(2) If the person summoned is a personwho is believed not to be able to read the .language of the court one of such duplicatesshall have annexed thereto a translation in alanguage which such person is believed to be.able to read.

(3) There shall be attached to everysummons issued to an accused person acopy of the complaint or report or otherdocument upon which proceedings againsthim have been instituted together with a listspecifying the names and addresses of the

Provisions ofsections 24, 25and 27 to applyto arrestsunder section42.

11/88


Summons howserved.

Service whenpersonsummonedcannot befound.

witnesses for the prosecution, if any.

45. - (1) The summons shall ordinarily beserved by the Fiscal:

Provided that—(a) where the proceedings have been

instituted by a police officer orwhere the case is before the HighCourt or where the summonscannot otherwise be served, suchsummons shall be served by a policeofficer; or

(b) where the circumstances require it,the summons may be directed bythe court to be served by a gramaseva niladhari or by registered post.

(2) The summons shall if practicable beserved personally on the person summonedby delivering or tendering to him one of theduplicates of the summons which in the caseof a person who is believed not to be able toread the language of the court shall haveannexed thereto the translation in thelanguage which such person is believed to beable to read.

(3) In the case of a company orcorporation or incorporated association ofpersons the summons may be served on themanaging director, secretary or other likeofficer or the person in charge of theprincipal place of business of such company,corporation or association.

(4) In the case of an unincorporatedassociation of persons the summons may beserved by delivering it to the president,secretary or other like officer of suchassociation.

(5) Where the summons cannot be servedunder subsection (3) or (4) on a company,corporation or association of personswhether incorporated or not, such summonsmay be served by delivering it by registeredpost at the registered office, or, if there is noregistered office, at the principal place ofbusiness of such company, corporation orassociation.

46. When the person to be summonedcannot by the exercise of due diligence befound the summons may be served byleaving one of the duplicates and thetranslation where necessary for him withsome adult member of his family or with hisservant residing with him.

Procedurewhen personalservice cannotbe effected.

Service onemployees ofthe State, localauthorities orcorporations.

47. If the service prescribed in sections45 and 46 cannot by the exercise of duediligence be effected the serving officer shallaffix one of the duplicates and thetranslation where necessary of the summonsto some conspicuous part of the house orhomestead in whrch the person summonedordinarily resides, and in such case thesummons, if the court either before or aftersuch affixing so directs, shall be deemed tohave been duly served.

48. (1) Where the person summoned isan employee of the State or of a localauthority or of a corporation the courtissuing the summons shall ordinarily send itin duplicate and a translation wherenecessary to the head of the department oroffice in which such person is employed;and such head shall thereupon cause one ofthe duplicates with the translation wherenecessary to be served personally on theemployee and shall return the other to thecourt with an endorsement of service.

(2) In this section, " head of departmentor office " shall mean—

(a) when used with reference to a memberof any unit of the Sri Lanka Army,Navy or Air Force, theCommanding Officer of that unit;

(b) when used with reference to a personemployed in a local authority, if thelocal authority is a MunicipalCouncil, the MunicipalCommissioner of that Council; ifthe local authority is an Urban orTown Council, the Secretary of theCouncil; and if the local authorityis a Village Council, the Chairmanof that Council;

(c) when used with reference to any otheremployee of the State or of acorporation, the head of thedepartment of Government or ofthe corporation as the case may bein which such person is employed.

49. (I) When a summons issued by a Proof ofcourt is served an affidavit of such service servlce-purporting to be made before an officerduly authorized to administer an oath, oraffirmation, or a report of such . servicepurporting to be made by a peace officer, oran advice of delivery issued by the PostOffice under the Post Office Rules or in the

8- II/89


Form ofwarrant ofarrest.

Continuance ofwarrant ofarrest.

Court maydirect securityto be taken.

case mentioned in section 48 theendorsement therein mentioned, as the casemay be, shall be admissible in evidence andthe statements made therein shall be deemedto be correct unless and until the contrary isproved.

(2) Every person making such report orendorsement as in this section mentionedshall be legally bound to state the truth insuch statement or endorsement.

(3) Any person appointed by the Ministerin that behalf is hereby authorized toadminister the oath or affirmation which isrequisite to the making of the affidavitmentioned in subsection (1).

B.—WARRANT OF ARREST

50. (1) Every warrant of arrest issued bya court under this Code shall be in writing,signed by a Judge of that court and shall bein the prescribed form.

(2) Every such warrant shall remain in. force until it is cancelled by the court whichissued it or until it is executed.

51. (1) A Magistrate's Court issuing awarrant for the arrest of any person may inthe case of any non-bailable offence andshall in the case of a bailable offence directby endorsement on the warrant that if suchperson executes a bond with sufficientsureties for his attendance before the courtat a specified time and thereafter untilotherwise directed by the court, the officerto whom the warrant is directed shall takesuch security and shall release such personfrom custody.

(2) The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and theperson for whose arrest the warrantis issued are to be respectivelybound; .

(c) the day and the hour at which he is toattend before the court.

(3) Whenever security is taken under thissection the officer to whom the warrant isdirected shall forward the bond to the court.

52. (1) A warrant of arrest issued by a Warrants tocourt shall ordinarily be directed to the whom directed.Fiscal of that court and may be executed bythe Fiscal and peace officers within thelimits of their several and respectivejurisdictions or in any part of Sri Lanka byany police officer.

(2) The court issuing the warrant maydirect it to any other person or persons byname or office and such person or personsor any police officer may execute the same.

(3) When the warrant is directed to apeace officer by name it shall not beexecuted by another peace officer unlessendorsed to him by name.

(4) When the warrant is directed to morepersons than one it may be executed by allor any one or more of them.

53. The person executing a warrant of Notification ofsubstance ofwarrant.-

arrest shall notify the substance thereof tothe person arrested, and if so required bythe person arrested shall show him thewarrant or a copy thereof signed by theperson issuing the same.

54. The person executing a warrant ofarrest shall (subject to the provisions ofsection. 51 as to security) withoutunnecessary delay bring the person arrestedbefore the court before which he is requiredby law to produce such person, and he shallendorse on the warrant the time when andthe place where the arrest was made. -

55. A warrant of arrest may be executedat any place in Sri Lanka.

56. (1) When a warrant of arrest is to beexecuted outside the local limits of thejurisdiction of the court issuing it, the courtshall ordinarily forward it by post orotherwise to the Magistrate's Court withinthe local limits of the jurisdiction of which itis to be executed-

(2) A Magistrate of the Magistrate'sCourt to which the warrant is so forwardedshall endorse his name thereon and ifpracticable cause it to be executed withinthe local limits of his jurisdiction.

.(3) Whenever there is reason to believethat the delay or publicity occasioned byobtaining the endorsement of the Magistratewithin the local limits of whose jurisdiction

Person arrestedto be broughtbefore courtwithout delay.

Where warrantmay beexecuted.

Warrants forexecutionoutsidejurisdiction.

11/90


Warrantdirected toFiscal forexecutionoutsidejurisdiction.

Procedure onarrest ofperson againstwhom warrantis issued.

a warrant is to be executed will prevent suchexecution, the court issuing the warrant maydirect the warrant specially to any person;and a warrant so specially directed shallhave effect and may lawfully be executed bysuch person without such endorsement asaforesaid anywhere within Sri Lanka:

Provided always that upon the executionof such warrant the provisions of section 58shall apply,

57. When a warrant directed to a Fiscalis to be executed outside the jurisdiction ofthe court to which he is appointed he shallendorse it to the Fiscal of the court withinthe local limits of whose jurisdiction, thewarrant is to be executed and shallthereupon forward the same by post orotherwise to such Fiscal, who upon receiptthereof shall cause such warrant to beexecuted in the same way as if it had beenoriginally directed to him.

58. (1) When a warrant of arrest isexecuted outside the local limits of thejurisdiction of the court by which it wasissued the person arrested shall, unless thecourt which issued the warrant is withintwenty miles of the place of arrest or isnearer than the Magistrate's Court withinthe local limits of the Jursdiction of whichthe arrest was made or unless security betaken under section 51, be brought beforesuch last-mentioned Magistrate's Court.

(2) The Magistrate's Court before whichthe person arrested is brought shall, if theperson arrested appears to be the personintended by the court which issued thewarrant, direct his removal in custody tosuch last-mentioned court;

Provided that if the offence be bailableand the person arrested be ready and willingto give bail to the satisfaction of the courtbefore which he shall have been brought, ora direction has been endorsed under section51 on the warrant and such person is readyand willing to give the security required bysuch direction, such last-mentioned courtshall take such bail or security as the casemay be and forward the bond to the courtwhich issued the warrant.

(3) Anything in this section shall not bedeemed to prevent a peace officer fromtaking security under section 51.

59. Where a police officer hasreasonable grounds to believe that a personis one for whose arrest a warrant of arresthas been issued, he may notwithstanding•anything to the contrary in this Chapterarrest that person in execution of thewarrant although the warrant is not in hispossession for the time being.

C.— PROCLAMATION AND ATTACHMENT

60. (1) If any court has reason to believe(whether after taking evidence or not) thatany person against whom a warrant hasbeen issued by it has absconded or isconcealing himself so that such warrantcannot be executed, such court may publisha written proclamation requiring him toappear at a specified place and at a specifiedtime not less than thirty days from the dateof publishing such proclamation.

(2) The proclamation shall be publishedas follows:—

(a) the proclamation drawn in Sinhalaand Tamil shall be publicly read inboth these languages in someconspicuous place of the town orvillage in which such personordinarily resides;

(&) copies in Sinhala and Tamil of theproclamation shall be affixed tosome conspicuous part of the houseor homestead in which such personordinarily resides or to someconspicuous place of such town orvillage; and

(c) copies in Sinhala and Tamil of theproclamation shall be affixed tosome conspicuous part of thecourt-house.

(3) A statement by the court issuing theproclamation to the effect that theproclamation was duly published on aspecified day shall be conclusive evidencethat the requirements of this section havebeen complied with and that theproclamation was published on such day.

61. (1) The court may after issuing aproclamation under section 60 order theattachment of any property, movable orimmovable or both, belonging to theproclaimed person.

Arrest possiblethough warrantis not in hand.

Proclamationfor personabsconding.

Attachment ofproperly ofpersonabsconding.

11/91


(2) Such order shall authorize theattachment of any property belonging tosuch person within the local jurisdiction ofthe court by which it is made, and it shallauthorize the attachment of any propertybelonging to such person situated outsidethe jurisdiction of that court when endorsedby a Magistrate within whose jurisdictionsuch property is situate.

(3) If the property ordered to be attachedbe debts or other movable property, theattachment under this section shall bemade—

(a) by seizure ; or

(b) by the appointment of a receiver ; or

(c) by an order in writing prohibiting thedelivery of such property to theproclaimed person or to anyone onhis behalf; or

(d) by all or any two of such methods asthe court thinks fit.

(4) If the property ordered to be attachedbe immovable, the attachment under thissection shall be made through theGovernment Agent or AssistantGovernment Agent of the district in whichsuch property is situate—

(a) by taking possession ; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting thepayment of rent or delivery ofproperty to the proclaimed personor to anyone on his behalf; or

(d) by all or any two of such methods asthe court thinks fit.

- (5) The powers, duties, and liabilities of areceiver appointed under this section shallbe the same as those of a receiver appointedin a civil proceeding.

(6) If the proclaimed person does notappear within the time specified in theproclamation, the property underattachment shall be at the disposal of theMinister but it shall not be sold until theexpiration of six months from the date ofthe attachment unless it is subject to speedyand natural decay or the court considersthat the sale would be for the benefit of theowner, in either of which cases the courtmay cause it to be sold whenever it thinksfit.

(7) Notice of every such order ofattachment of immovable property shall beforthwith given by the court making thesame to the Registrar of Lands for thedistrict in which such property is situate,who shall forthwith register the same, andno such order shall take effect until thesame is registered under the provisions ofthe Registration of Documents Ordinance.

(8) In the case of the sale of immovableproperty the conveyance to the purchasershall be executed by the Government Agentor the Assistant Government Agent of thedistrict in which such property is situate,and a conveyance so executed shall vestsuch property in the purchaser in likemanner as if such conveyance had beenexecuted by the proclaimed person.

62. If within one year from the date of Restoration ofthe attachment any person whose property attachedis or has been at the disposal of the Minister propertyunder section 61 appears voluntarily or isapprehended and brought before the courtby whose order the proppity was attachedand proves to the satisfaction of such courtthat he did not abscond or conceal himselffor the purpose of avoiding execution of thewarrant and that he had not such notice ofthe proclamation as to enable him to attendwithin the time specified therein, s'-.^nproperty, or if the same has been sold thenet proceeds of the sale or if part onlythereof has been sold the net proceeds of thesale and the residue of the property, shallafter satisfying thereout all costs incurred inconsequence of the attachment be deliveredto him.

D.- OTHER RULES REGARDING PROCESSES

63. (1) A court may in any case in whichit is empowered by this Code to issue asummons for the appearance of any personother than a juror issue, after recording itsreasons in writing, a warrant for his arrest—

(a) if either before the issue of summonsor after the issue of the same butbefore the time fixed for hisappearance the court sees reason tobelieve that he has absconded orwill not obey the summons ; or

(b) if at such time he fails to appear andthe summons is proved to havebeen duly served in time to admit ofhis appearing in accordancetherewith and no reasonable excuseis offered for such failure.

Issue ofwarrant in lieuof or inaddition tosummons,

II/92


Court mayrequire depositto meetexpenses ofexecutingwarrant.

Power to takebond forappearance.

Summons torun in any partof Sri Lanka.

Summons toproducedocument or-oiher thing.

(2) The court may make it a condition ofthe issue of a warrant under subsection (1)that the person applying for it shall depositsuch sum as the court may deem reasonablefor the purpose of defraying anyexpenditure that may be incurred inexecuting the warrant.

64. (1) When any person for whoseappearance or arrest the officer presiding inany court is empowered to issue a summonsor a warrant is present in court, the officerpresiding in such court may require suchperson to execute a bond with or withoutsureties for his appearance in such court.

(2) When any person who is bound byany bond taken under this Code to appearbefore a court does not so appear the officerpresiding in such court may issue a warrantdirecting that such person be arrested andproduced before him.

65. (1) All summonses to appear may beserved in any part of Sri Lanka, providedthat such summons shall not be servedoutside the local limits of the jurisdiction ofthe court issuing the same unless the samebe endorsed by such court with the words" For service out of the jurisdiction ".

(2) Such summons shall not be endorsedwith the words " For service out of thejurisdiction" unless the court is satisfiedthat there are grounds for allowing suchservice.

(3) The provisions of this Chapter as tothe direction and execution of warrantsshall apply as near as may be to summonses.

CHAPTER VIOF PROCESS To COMPEL THEPRODUCTION OF DOCUMENTS AND OTHERMOVABLE PROPERTY AND FOR THEDISCOVERY OF PERSONS WRONGFULLY

CONFINEDA.—SUMMONS TO PRODUCE

66. (1) Whenever any court considersthat the production of any document orother thing is necessary or desirable for thepurpose of any proceeding under this Codeby or before such court it may issue asummons to the person in whose possessionor power such document or thing is believedto be, requiring him to attend and produceit or t,o produce it at the time and placestated in the summons.

telegrams, &c.

(2) Any person required under this sectionmerely to produce a document or otherthing shall be deemed to have complied withthe requisition if he causes such documentor thing to be produced instead of attendingpersonally to produce the same.

(3) Anything in this section shall not bedeemed to affect the provisions of sections123 and 130 of the Evidence Ordinance.

67. (1) If any book, letter, post card. Procedure astelegram or other document in the custody to letters,of the Departments of Posts andTelecommunications is in the opinion of anycourt wanted for the purpose of anyinvestigation or proceeding under this Codesuch court may require the Postal orTelecommunication authorities as the casemay be to deliver such document to suchperson as the court directs.

(2) If any such document is in the opinionof the Attorney-General or in the opinion ofa police officer not below the rank ofSuperintendent of Police wanted for anyinvestigation or proceedings under thisCode he may require the Postal orTelecommunication authorities as the casemay be to cause search to be made for andto deliver such document to him or to anyother person duly authorized by him,

B—SEARCH WARRANTS

68. (1) (a) Where any court has reasonto believe that a person to whom asummons under section 66 or arequisition under section 67 hasbeen or might be addressed will notor would not produce or deliver thedocument or other thing as requiredby such summons or requisition; or

(b) where such document or other thing isnot known to the court to be in thepossession of any person ; or

(c) where the court considers that thepurposes of any investigation orproceeding under this Code will beserved by a general search orinspection,

the court may subject to subsection (3) issuea search warrant in the prescribed form andthe person to whom such warrant is directed

When searchwarrant maybe issued.

II/93


Power torestrictwarrant.

Search ofhousesuspected tocontain stolenproperty,forgeddocuments, &c.

may search or inspect in accordancetherewith and the provisions hereaftercontained.

(2) Every such warrant shall remain inforce for a reasonable number of days to bespecified in such warrant.

(3) A warrant to search for a documentin the custody of the Postal orTelecommunication authorities shall begranted only by the High Court.

69. The court may if it thinks fit specifyin the warrant the particular place or partthereof towhich only the search orinspection shall extend, and the personcharged with the execution of such warrantshall then search or inspect only the place orpart so specified.

70. If a Magistrate's Court uponinformation and after such inquiry as itthinks necessary has reason to believe—

(a) that any place is used for the depositor sale of stolen property or ofproperty unlawfully obtained ; or

(b) that any place is used for the depositor sale or manufacture of forgeddocuments, false seals, orcounterfeit stamps or coin, orinstruments or materials forcounterfeiting coin or stamps or forforging; or

(c) that any stolen property or propertyunlawfully obtained, forgeddocuments, false seals, orcounterfeit stamps or coin, orinstruments or materials used forcounterfeiting coin or stamps or forforging, are concealed, kept, ordeposited in any place,

it may by warrant authorize the person towhom such warrant is directed—

. (i) to enter, with such assistance as maybe required, such place; and

(it) to search the same in manner specifiedin the warrant; and

(iii) to take possession of any property,documents, seals, stamps, or coinstherein found which he reasonablysuspects to be stolen, unlawfullyobtained, forged, false, orcounterfeit and also of any suchinstruments and materials asaforesaid; and

(iv) to convey such property, documents,seals, stamps, coins, instruments, ormaterials before a Magistrate*sCourt or to guard the same on thespot until the offender is takenbefore a Magistrate's Court orotherwise to dispose thereof insome place of safety; and

(v) to take into custody and bring beforea Magistrate's Court every personfound in such place who appears tohave been privy to the deposit, sale,or manufacture, or keeping of anysuch property, documents, seals,stamps, coins, instruments ormaterials, knowing or havingreasonable cause to suspect the saidproperty to have been stolen orotherwise unlawfully obtained orthe said documents, seals, stamps,coins, instruments or materials tohave been forged, falsified, orcounterfeited or the saidinstruments or materials to havebeen or to be intended to be usedfor counterfeiting coin or stamps orfor forging.

71. When in the execution of a searchwarrant at any place beyond the local limitsof the jurisdiction of the court which issuedthe same any of the things for which search ismade are found, such things together with alist of the same prepared under the provisionshereinafter contained shall be immediatelytaken before the court issuing the warrantunless such place is nearer to the Magistrate'sCourt having local jurisdiction therein; inwhich case the list and things shall beimmediately taken before such last-mentioned court, and unless there be goodcause to the contrary such last-mentionedcourt shall make an order authorizing themto be taken to the court issuing the warrant.

C.—DISCOVERY OF PERSONSWRONGFULLY CONFINED

72. If any Magistrate's Court has reason10 believe that any person is confined undersuch circumstances that the confinementamounts to an offence, it may issue a searchwarrant; and the person to whom suchwarrant is directed may search for theperson so confined and such search shall bemade in accordance therewith; and theperson if found shall be immediately takenbefore such court, which shall make suchorder as in the circumstances of the caseseems proper.

Disposal ofthings found insearch beyondjurisdiction.

Search forpersonwrongfullyconfined.

11/94


Direction, &c.,of searchwarrants.

Persons incharge ofclosed place toallow search.

Officer tomake list ofthings seized.

Occupant ofplace searchedmay attend.

Court mayimpoundthingsproduced.

Searchwarrants maybe endorsed bypeace officer.

Powers ofMagistratewhen presentat search.

D.—GENERAL PROVISION RELATINGTO SEARCHES

73. The provisions of sections 20, 50, 52,56 and 57 shall so far as may be apply to allsearch warrants issued under this Chapter.

74. (1) Whenever any place liable tosearch or inspection under this Chapter isclosed any person residing in or being incharge of such place shall on demand of theperson executing the warrant and onproduction of the warrant allow him freeingress thereto and afford all reasonablefacilities for a search therein.

(2) If ingress into such place cannot be soobtained the person executing the warrantmay proceed in manner provided by section25;

75. The person executing the searchwarrant shall make a list of all things seizedin the course of the search and of the placesin which they are respectively found andshall sign such list.

76. The occupant of the place searchedor some person on his behalf shall in everyinstance be permitted to attend during thesearch and a copy of the list prepared undersection 75, signed by the person executingthe warrant, shall be delivered to suchoccupant or person.

E.—M ISCELLAN EOUS

77. Any court may if it thinks fitimpound any document or other thingproduced before it under this Code.

78. (1) A search warrant directed orendorsed to a peace officer may, if .he is notable to proceed in person, be executed byany other peace officer.

(2) In such case the name of such peaceofficer shall be endorsed upon the warrantby the officer to whom it is directed orendorsed.

79. (1) The Magistrate by whom asearch warrant is issued may attendpersonally for the purpose of seeing that thewarrant is duly executed.

(2) Any Magistrate may orally direct asearch to be made in his presence of anyplace for the search of which he iscompetent to issue a search warrant.

PART IV

PREVENTION OF OFFENCES

CHAPTER VII

OF SECURITY FOR KEEPINGTHE PEACE /^ND FOR GOOD

BEHAVIOUR

A.—SECURITY FOR KEEPING THEPEACE ON CONVICTION

80. (1) Whenever any person is Security forconvicted of any offence which involves a keeping the, , r , r - • breach of the peace or of committing peace oncriminal intimidation by threatening injury convictionto person or property, or of being a memberof an unlawful assembly, and the courtbefore which such person is convicted is ofopinion that it is proper to require suchperson to execute a bond for keeping thepeace, such court may at the time of passingsentence on such person order him toexecute a bond for a sum proportionate tohis means with or without sureties forkeeping the peace during. such period ineach instance as it thinks fit to fix, notexceeding two years if the sentence or orderbe by a Magistrate's Court or three years ifthe sentence or order be by the High Court.

(2) If the conviction is set aside oh appealor otherwise the bond so executed shallbecome void.

B.—SECURITY FOR KEEPING THE PEACE INOTHER CASES AND SECURITY FOR

GOOD BEHAVIOUR

81. Whenever a Magistrate receivesinformation that any person is likely tocommit a breach of the peace or to do anywrongful act that may probably occasion abreach of the peace within the local limits ofthe jurisdiction of the court of suchMagistrate, or that there is within suchlimits a person who is likely to commit abreach of the peace or do any wrongful actas aforesaid in any place beyond such limitsthe Magistrate may in manner hereinafterprovided require such person to show causewhy he should not be ordered to execute abond with or without sureties for keepingthe peace for such period not exceeding twoyears as the court thinks fit to fix.

Security forkeeping thepeace in othercases.

II/95


Security forgoodbehaviour fromsuspectedpersons,vagrants. &c

Security forgoodbehaviour fromhabitualoffenders.

Summons orwarrant in caseof person notso present.

82. Whenever .a Magistrate receivesinformation—

(a) that any person is taking precautionsto conceal his presence within thelocal limits of the jurisdiction of thecourt of such Magistrate and thatthere is reason to believe that suchperson is taking such precautionswith a view 'to committing anoffence; or

(A) that there is within such limits aperson who has no ostensible meansof subsistence or who cannot give asatisfactory account of himself,

such Magistrate may in manner hereinafterprovided require such person to show causewhy he should not be ordered to execute abond with sureties for his good behaviourfor such period not exceeding two years asthe court thinks fit to fix.

83. Whenever a Magistrate receivesinformation that any person within the locallimits of the jurisdiction of the court of suchMagistrate is an habitual robber,housebreaker, or thief or an habitualreceiver of stolen property knowing thesame to have been stolen or that hehabitually commits extortion or in order tothe committing of extortion habitually putsor attempts to put persons in fear of injuryor that he is an habitual protector orharbourer of thieves or that he is anhabitual aider in the concealment ordisposal of stolen property or that he is anotorious bad liver or is a dangerouscharacter, such Magistrate may in mannerhereinafter provided require such person toshow cause why he should not be ordered toexecute a bond with sureties for his goodbehaviour for such period not exceedingtwo years as the Magistrate thinks fit to fix.

84. When a Magistrate acting undersection 81 or section 82 or section 83 deemsit necessary to require any person to showcause under such section he shall if suchperson is not present in court issue asummons requiring him to appear, or whensuch person is in custody but not present incourt a warrant directing the officer inwhose custody he is to bring before thecourt:

Provided that whenever it appears to suchMagistrate upon the report of a peaceofficer or upon other information (the

substance of which report or informationshall be recorded by such Magistrate) thatthere is reason to fear the commission of abreach of the peace and that such breach ofthe peace cannot be prevented otherwisethan by the immediate arrest of such person,the Magistrate may at any time issue awarrant for his arrest.

85. Every summons or warrant issuedunder section 84 shall contain a briefstatement of the substance of the;

Form ofsummons orwarrant.

information on which such summons orwarrant is issued.

86. (1) When any person appears or is Inquiry as tothe truth ofinformation.

brought before a Magistrate in compliancewith or in execution of a summons orwarrant issued under section 84 theMagistrate shall proceed to inquire into the:truth of the information upon which he hasacted and to take such further evidence asmay appear necessary.

(2) Such inquiry shall be held as nearly asmay be practicable in the mannerhereinafter prescribed for conducting trialsin summary cases before Magistrates'Courts.

(3) For the purpose of this section the factthat a person is an habitual offender or issuch a person as is mentioned in section 83may be proved by evidence of general reputeor otherwise.

(4) Before commencing the inquiry theMagistrate may for reasons to be recordedby him, order such person to execute a bondfor keeping the peace or for maintaininggood behaviour pending the termination ofthe inquiry. An appeal shall not lie againstany order made under this subsection.

87. If upon such inquiry it is proved that Order to giveit is necessary for keeping the peace or secunty.maintaining good behaviour, as the casemay be, that the person in respect of whomthe inquiry is made should execute a bondwith or without sureties, the Magistrateshall make an order accordingly ;

Provided—

(a) that the amount of every bond shall befixed with due regard to thecircumstances of the case and shallnot be excessive ;


Discharge ofpersoninformedagainst.

Imposition ofterm ofimprisonmentin default ofsecurity.

Allowance oftime to givesecurity.

Commencementof period forwhich securityis required.

(b) that when the person in respect ofwhom the inquiry is made is -aminor the bond shall be executedonly by his sureties.

88. If upon such inquiry it is not provedthat it is necessary for keeping the peace ormaintaining good behaviour, as the casemay be, that the person in respect of whomthe inquiry is made should execute a bond,the Magistrate shall make an entry on therecord to that effect, and if such person is incustody only for the purpose of the inquiryshall release him, or if such person is not incustody shall discharge him.

C.— PROVISIONS APPLICABLE TO - ALLORDERS TO FURNISH SECURITY

89. (1) At the time of making an orderrequiring security under the precedingsections of this Chapter, the court shalldirect that in default of giving the securitythe person in respect of whom the order ismade shall be imprisoned for such term asthe court may think fit, not exceeding twoyears where the court is the High Court, orone year where the court is a Magistrate'sCourt:

Provided that the court may, if it thinksfit so to do, allow time not exceeding onemonth for furnishing the security :

Provided further that where the court isof opinion that time should not be allowedit shall record the reasons for refusal oftime.

(2) The provisions of the provisos tosubsection (1) shall not apply to an ordermade in respect of a person who is, at thetime the order is made, sentenced to orundergoing a sentence of imprisonment.

90. The period for which security isrequired by an order made under thepreceding sections of this Chapter shallcommence—

(a) where time has not been allowedunder section 89, on the date ofsuch order;

(b) where time has been allowed under. , that section, on the date on which

the time so allowed expires;

(c) where the order is in respect of aperson who is, at the time the orderis made, sentenced to or undergoinga sentence of imprisonment, on thedate on which such sentenceexpires.

91. (1) The bond to be executed by anysuch person shall bind him to keep thepeace or to be of good behaviour as the casemay be; and in the latter case thecommission or attempt to commit or theabetment of any offence punishable withimprisonment, wherever it .may becommitted, is a breach of the bond.

(2) A court may refuse to accept anysurety offered on the ground that forreasons to be recorded by the court suchsurety is an unfit person.

92. (1) If any person ordered to givesecurity under the preceding sections of thisChapter does not give such security on orbefore the date on which the period forwhich such security is to be givencommences, he shall be committed to prisonto undergo the term of imprisonmentimposed under section 89, or, if he isalready in prison, be detained in prison untilsuch term expires, or until, before theexpiration of such term, he gives thesecurity to the court which made the orderrequiring it, or to the superintendent orjailer of the prison in which he is detained.

(2) Imprisonment for failure to givesecurity for keeping the peace shall besimple.

(3) Imprisonment for failure to givesecurity for good behaviour may be rigorousor simple as the court in each case directs.

93. (1) Whenever a court is of opinionthat any person imprisoned for failing togive security under this Chapter may bereleased without hazard to the communityor to any other person the court may ordersuch person to be discharged.

(2) A court other than the SupremeCourt or Court of Appeal shall not exercisethis power except in cases where theimprisonment is under its own order.

Contents ofbond.

Power to rejectsureties.

Commitmentto prison fordefault ingiving security.

Simpleimprisonmentfor failure togive securityfor the peace.

Rigorous orsimpleimprisonmentfor failure togive securityfor goodbehaviour.

Power torelease person 'imprisoned forfailing to givesecurity.

11/97


Discharge ofsureties.

Dispersal ofunlawfulassembly.

Use of civilforce todisperseassembly.

D.— DISCHARGE OF SURETIES

94. (1) Any surety for the peaceableconduct or good behaviour of anotherperson under the foregoing or any otherprovision of this Code or for the dueattendance of any person before a court orfor the due performance of any stipulationsby any person, may at any time apply to thecourt which directed the execution of thebond to cancel it.

(2) On such application being made thecourt may issue summons or warrant as itthinks fit requiring the person for whomsuch surety is bound, to appear or to bebrougtit before it.

(3) When such person appears or isbrought before the court such court maycancel the bond and in that event shall ordersuch person to give for the unexpiredportion of the term or unfulfilledstipulations of such bond, fresh security ofthe same description as the original security.Every such order shall have the same effectas the original order.

(4) The provisions of subsection (5) ofsection 408 shall also apply to anyapplication by a surety for the peaceableconduct of good behaviour of anotherperson to have the bond cancelled.

CHAPTER VIII

UNLAWFUL ASSEMBLY

95. (1) Any Magistrate or police officernot below the rank of Inspector of Policemay command any unlawful assembly orany assembly of five or more persons likelyto cause a disturbance of the public peace todisperse, and it shall thereupon be the dutyof the members of such assembly to disperseaccordingly.

(2) If upon being so commanded anysuch assembly does not disperse or ifwithout being so commanded it conductsitself in such a manner as to show adetermination not to disperse, theMagistrate or the-police officer may proceedto disperse such assembly by the use of suchforce as is reasonably necessary to dispersethe assembly and may require the assistanceof any person (not being a member of theArmy, Navy or Air Force, whether of SriLanka or of any other country, acting as

such) for the purpose of dispersing suchassembly and if necessary arresting andconfining the persons who form part of it inorder to disperse such assembly or that theymay be punished according to law.

(3) If any such assembly cannot beotherwise dispersed and it is necessary forthe public security that it should bedispersed, a Magistrate or the GovernmentAgent of the District or any police officernot below the rank of Superintendent ofPolice may cause it to be dispersed byrequiring any commissioned ornon-commissioned officer in command ofany personnel of the Sri Lanka Army, Navyor Air Force, to disperse such assembly bymilitary force and to arrest and confine suchpersons as form part of it as may benecessary in order to disperse the assemblyor to have them punished according to law.Every such commissioned ornon-commissioned officer shall obey suchrequisition in such manner as he thinks fit,but in so doing he shall use as little forceand do as little injury to person andproperty as may be consistent withdispersing the assembly and arresting anddetaining such persons.

96. When the public security ismanifestly endangered by any such assemblyand when a Magistrate, the GovernmentAgent or a police officer not below the rankof Superintendent of Police cannot becommunicated with, any commissionedofficer of the Sri Lanka Army, Navy or AirForce may disperse such assembly bymilitary force and may arrest arid confineany persons forming part of it in order todisperse such assembly or that they may bepunished according to law; but if while he isacting under this section it becomespracticable for him to communicate with theMagistrate or Government Agent or apolice officer not below the rank ofSuperintendent of Police he shall do so andshall thereafter obey the instructions of suchMagistrate or Government Agent or policeofficer as to whether he shall or shall notcontinue such action.

97. (1) A prosecution shall not beinstituted against any Magistrate,Government Agent, police officer orpersonnel of the Sri Lanka Army, Navy orAir Force or any person assisting a policeofficer in the dispersal of an assembly under

Use of militaryforce todisperseassembly.

Power ofcommissionedmilitary .officers todisperseassembly.

Protection foracts doneunder thisChapter.

11/98

CODE OF CRIMINAL PROCEDURE [Cap26.

Conditionalorder forremoval ofnuisance.

this Chapter, for any act purporting to bedone under this Chapter in any court exceptwith the sanction of the Attorney-General.

(2) (a) A Magistrate, GovernmentAgent, police officer or member ofthe Sri Lanka Army, Navy or AirForce or any other person actingunder this Chapter in good faith;and

(b) a member of the Sri Lanka Army,Navy or Air Force doing any act i"nobedience to any order which undermilitary law he was bound to obey,

shall not be liable in civil or criminalproceedings for any act purported to bedone under this Chapter.

CHAPTER IX

PUBLIC NUISANCES

A.—ORDERS FOR REMOVAL OR ABATEMENTIN CASES OF NUISANCE

98. (1) Whenever a Magistrateconsiders on receiving a report or otherinformation and on taking such evidence (ifany) as he thinks fit—

(a) that any unlawful obstruction ornuisance should be removed fromany way, harbour, lake, river, orchannel which is or may be lawfullyused by the public or from anypublic place; or

(b) that any trade or occupation or thekeeping of any goods ormerchandise should by reason of itsbeing injurious to the health orphysical comfort of the communitybe suppressed or removed orprohibited; or

(c) that the construction of any buildingor the disposal of any substanceshould as being likely to occasionconflagration or explosion beprevented or stopped ; or

(d) that any building or tree is in such acondition that it is likely to fall and

thereby cause injury to personsliving or carrying on business in theneighbourhood or passing by andthat in consequence its removal,repair, or support is necessary; or

(e) that any tank, well, or excavationadjacent to any such way or publicplace should be fenced in such amanner as to prevent danger arisingto the public,

such Magistrate may make a conditionalorder requiring that the person causing suchobstruction or nuisance or carrying on suchtrade or occupation or keeping any suchgoods or merchandise or owning,possessing, or controlling such building,substance, tree, tank, well or excavationshall within a time to be fixed by suchorder—

(i) remove such obstruction or nuisance;or

(ii) suppress or remove such trade oroccupation; or

(iii) remove such goods or merchandise;or

(iv) prevent or stop the construction ofsuch building ; or

(v) remove, repair, or support it; or

(vi) alter the disposal of such substance;or

(vii) remove such tree; or

(viii) fence such tank, well. Or excavationas the case maybe.

(2) Any person against whom aconditional order has been made undersubsection (1) may appear before theMagistrate making that order or any otherMagistrate of that court before theexpiration of the time fixed by that orderand move to have the order set aside ormodified in manner hereinafter provided.

(3) Any order duly made under thissection shall not be called in question in anycivil court.

(4) For the purpose of this section a" public place *' includes also property

11/99


belonging to the State or a corporation orvested in any public officer or department ofState for public purposes and ground leftunoccupied for- sanitary or recreativepurposes.

99. (1) The order and any other orderor notice made or given under this Chaptershall if practicable be served on the personagainst whom it is made or to whom it is tobe given in manner herein provided forservice of a summons.

Service ornotification oforder.

(2) If such order cannot be so served acopy thereof shall be posted up at suchplace or places as the court may considerfittest for conveying the information to suchperson.

100. (1) The person against whom suchorder is made shall within the time specifiedtherein—

Person towhom order isaddressed toobey or showcause.

(a) perform the act directed thereby ; or

(b) act under subsection (2) of section 98.

(2) If such person does not perform suchact or appear and move to have the orderset aside or modified as required bysubsection (1) he shall be liable to thepenalty prescribed in that behalf in section185 of the Penal Code and the order shall bemade absolute;

Consequenceof failing to doso.

Provided that if such person be acorporate body every director thereof shallbe liable to the penalty hereinbeforeprescribed unless such director proves thatsuch default was not occasioned by any actof his or by any omission on his part.

Procedure in 101. (1) If such person appears andcase of moves to have the order set aside orappearance modified the Magistrate shall take evidence

in the matter.

(2) If the Magistrate is satisfied that theorder is not reasonable and proper it shalleither rescind the same or modify it inaccordance with the requirements of thecase, and in the latter case the order asmodified shall be made absolute, l

(3) If the Magistrate is not so satisfied theorder shall be made absolute.

102. When an order has been madeProcedure onorder beingmade absolute.

absolute under section 100 or section 101the Magistrate shall give notice of the same

to the person against whom the order wasmade and shall further require him toperform the act directed by the order withina time specified in the notice and informhim that in case of disobedience he will beliable to the penalties provided bysubsection (2) of section 100.

103. (1) If such act is not performed Consequencewithin the time specified in the notice issued of disobedienceunder section 102 the Magistrate may cause to orderit to be performed and may recover thecosts of performing it either by the sale ofany building, goods, or other propertyremoved by his order or by the distress andsale of any other movable property of suchperson within or without the local limits ofthe jurisdiction of his court. If such otherproperty is without such limits the ordershall authorize its attachment and sale whenendorsed by a Magistrate within the locallimits of whose jurisdiction the property tobe attached is found.

(2) A suit shall not lie in respect ofanything done in good faith under thissection.

104. (1) If the Magistrate making an Injunctionorder under section 98 considers that pendingimmediate measures should be taken to inquiryprevent imminent danger or injury of aserious kind to the public he may issue suchan injunction to the person against whomthe order was made as-is required to obviateor prevent such danger or injury.

.

(2) In default of such person forthwithobeying such injunction the Magistrate mayuse or cause to be used such means as hethinks fit to obviate such danger or toprevent such injury.

(3) A suit shall not lie in respect ofanything done in good faith by a Magistrateunder this section.

105. A Magistrate may order any personnot to repeat or continue a public nuisanceas defined in the Penal Code or any specialor local law.

Magistratemay prohibitcontinuance ofpublicnuisances.

B.—TEMPORARY ORDERS IN URGENT CASESOF NUISANCE

106. (1) In cases where in the opinion ofa Magistrate immediate prevention orspeedy remedy is desirable the Magistratemay by a written order stating the material

Power to issueabsolute orderat once inurgent cases ofnuisance.

II/100


Peaceofficers topreventcognizableoffence.

Informationof attemptto commitsuch offence.

facts of the case and served in mannerprovided by section 99 direct any person toabstain from a certain act or to take certainorder with certain property in his possessionor under his management, if the Magistrateconsiders that such direction is likely toprevent or tends to prevent obstruction,annoyance, or injury, or risk of obstruction,annoyance, or injury to any persons lawfullyemployed, or danger to human life, healthor safety, or a riot or an affray.

(2) An order under subsection (1) mayin cases of emergency or in cases where thecircumstances do not admit of the serving indue .time of a notice upon the personsagainst whom the order is directed be madeex pane. . . ,*

(3) An order under subsection ( I ) maybe directed to a particular person or to thepublic generally when frequenting or visitinga particular place, and in the latter case acopy of the order shall be posted up asprovided by subsection (2) of section 99.

(4) Any Magistrate may rescind or alterany order made under subsection (1) byhimself or by his predecessor in office.

(5) An order under this section shall notremain in force for more than fourteen daysfrom the making thereof unless, in cases ofdanger to human life, health, or safety, or alikelihood of a riot or an affray, theMinisier by notification in the Gazetteotherwise directs.

CHAPTER X

PREVENTIVE ACTION OF PEACE OFFICERS

107. (1) Every peace officer mayinterpose for the purpose of preventing andshall to the best of his ability prevent thecommission of any cognizable offence.

(2) Every peace officer receivinginformation of an attempt to commit anycognizable offence shall communicate suchinformation to the officer to whom he isimmediately subordinate or to some otherofficer whose duty it is to prevent or takecognizance of the commission of any suchoffence.

I'eace officers.may arrestwi thout orderor warrantto preventsuch offence.

Assistance toinspectors ofweights andmeasures.

(3) A peace officer knowing of anattempt to commit any cognizable offencemay arrest without orders from aMagistrate and without a warrant theperson so attempting if it appears to suchofficer that the commission of the offencecannot be otherwise prevented.

(4) A peace officer may of his own Preventionof injuryto publicproperty.

authority interpose to prevent any injuryattempted to be committed in his view toany public property movable or immovableor the removal of injury of any publiclandmark or buoy or other mark used fornavigation.

(5) It shall be the duty of every peaceofficer to give immediate information to aninspector of weights and measures of anybreach of any provision of any enactmentfor the time being in force relating toweights and measures and at the request ofany such inspector to assist him in carryingout the provisions of any such enactment.

PARTV

INVESTIGATION OF OFFENCES

CHAPTER XI

INFORMATION TO POLICE OFFICERS ANDINQUIRERS AND THEIR POWERS TO

INVESTIGATE

108. The Minister may appoint any Appointmentperson by name or office to be an inquirer of inquirersfor any area the limits of which shall bespecified in such appointment.

109. (1) Every iniormation relating to Informationthe commission of an offence may be given of an

,, . ,. , ,. ,.,.. orally or in writing to a police officer or offence.inquirer.

(2) If such information is given orally toa police officer or to an inquirer, it shall bereduced to writing by him in the language inwhich it is given and be read over to theinformant ;

Provided that if it is not possible for theofficer or inquirer to record the informationin the language in which it is given theofficer or inquirer shall request that theinformation be given in writing. If the informant

I I / 101


is unable to give it in writing, the officer orinquirer shall record the information in oneof the national languages after recording thereasons for doing so and shall read over therecord to the informant or interpret it in thelanguage he understands.

(3) Every such information, whethergiven in writing or reduced to writing asaforesaid, shall be signed by the persongiving it and such information or a copythereof as is feasible shall be enteredwithout delay by such police officer orinquirer in a book hereinafter referred to as" the Information Book " to be kept by theofficer in charge of the police station at hispolice station or by the inquirer as the casemay be. Such Information Book shall be insuch form as the Minister may provide byregulations made in that behalf ;

Provided however, if the offence is acognizable offence or he has reason to-apprehend a breach of the peace, he shall, inthe case of every inquirer, forthwith submita report to the Magistrate's Court havingjurisdiction in respect of such offence and inthe case of an officer in charge of the police.station, forthwith submit a report to hisown immediate superior and proceed inperson to the spot to investigate the factsand circumstances of the case and to takesuch measures as may be necessary for theimmediate discovery and arrest of theoffender ;

Provided further, that an officer in chargeof a police station may depute one of hissubordinate officers to proceed to the spotto make such investigation and to take suchmeasures as may be necessary for thediscovery and arrest of the offender.

Provided that until the Minister byregulations provides the form of theInformation Book, the form or forms in useon the day immediately preceding theappointed date shall continue to be valid foruse.

(4) If the police officer who receives theinformation is not himself the officer incharge of the police station, then such policeofficer shall forthwith report the facts ofsuch information to the officer in charge ofthe police station.

[§3,52 of 1980.] (4A) Where an offence is committed inthe presence of a police officer he mayproceed to record the statement of anyperson present at or about the scene of theoffence and the statement of any suspect,and if such police officer is not himself theofficer in charge of the police station of thearea in which the offence is committed, heshall forthwith report the facts to the officerin charge of such police station.

Procedurewherecognizableoffence issuspected orbreach of thepeaceapprehended.[§3,52 of 1980.]

(5) (a) If from information received orotherwise, an officer in charge of the policestation or inquirer has reason to suspect thecommission of any offence, he shall himselfmake an investigation or authorize themaking of an investigation under thisChapter in the manner hereinafter set out ;

(b) If it appears to an officer in chargeof a police station or an inquirer that thereis no sufficient ground for entering on aninvestigation he shall not be bound toinvestigate the case.

(6) Any police officer or inquirermaking an investigation under this Chaptermay by order in writing require theattendance before himself of any personbeing within the limits of the station of suchpolice officer or any adjoining station orwithin the local limits of the jurisdiction ofsuch inquirer who, from the informationgiven or otherwise, appears to be acquaintedwith the circumstances of the case, and $uchperson shall attend as so required.

If any person when required to attend byan inquirer refuses or fails to do so, theinquirer may thereupon in his discretionissue a warrant to secure the attendance ofsuch person as required by such order asaforesaid.

110. (1) Any police officer or inquirermaking an investigation under this Chaptermay examine orally any person supposed tobe acquainted with the facts andcircumstances of the case, and shall reduceinto writing any statement made by theperson so examined, but any oath oraffirmation shall not be administered to anysuch person. The whole of such statement

Power topoliceofficer orinquirer torequireattendanceof personsable to giveinformation.

Examinationof witnessesby policeofficer orinquirer.

11/102


Statementsto policeofficer orinquirer tobe used inaccordance withEvidenceOrdinance.

shall be recorded in full in the manner setout in section 109 (2). If the police officer orinquirer asks any question in clarificationsuch question and the answer given theretoshall be recorded in form of question andanswer. Such record shall be shown or readto such person or if he does not understandthe language in which it is written, it shallbe interpreted to him in a language heunderstands and he shall be at liberty toexplain or add to his statement. The personmaking the statement shall then sign thatstatement immediately at the place wherethe statement is concluded. The policeofficer or inquirer recording the statementshall append below each statement recordedby him the following certificate :—

" I. . . . . . .hereby declare that I have faithfully andaccurately recorded the statement of theabovenamed. .. . . .".

If such statement is not recorded in theInformation Book, a true copy thereof shallas soon as may be convenient be entered bysuch police officer or inquirer in theInformation Book. Any alterations in suchstatement shall be initialled by the personmaking it and any portion of the statementthat requires to be deleted as a result of thealteration shall be scored off in such amanner as would not make that portionillegible.

(2) Such person shall be bound toanswer truly all questions relating to suchcase put to him by such officer or inquirerother than questions which would have atendency to expose him to a criminal chargeor to a penalty or forfeiture.

(3) A statement made by any person toa police officer in the course of anyinvestigation may be used in accordancewith the provisions of the EvidenceOrdinance except for the purpose ofcorroborating the testimony of such personin court ;

Provided that a statement made by anaccused person in the course of anyinvestigation shall only be used to provethat he made a different statement at adifferent time.

Anything in this subsection shall not bedeemed to apply to any statement fallingwithin the provisions of section 27 of theEvidence Ordinance or to prevent anystatement made by a person in the course ofany investigation being used as evidence in acharge under section 180 of the Penal Code.

(4) Any criminal court may send for thestatements recorded in a case under inquiryor trial in such court and may use suchstatements or information, not as evidencein the case, but to aid it in such inquiry ortrial. Save as otherwise provided for insection 444 neither the accused nor hisagents shall be entitled to call for suchstatements, nor shall he or they be entitledto see them merely because they are referredto by the court but if they are used by thepolice officer or inquirer or witness whomade them to refresh his memory, or if thecourt uses them for the purpose ofcontradicting such police officer or inquireror witness the provisions of the EvidenceOrdinance, section 161 or section 145, as thecase may be, shall apply :

Provided that where a preliminary inquiryunder Chapter XV is being held in respectof any offence, such statements of witnessesas have up to then been recorded shall, onthe application of the accused, be madeavailable to him for his perusal in opencourt during the inquiry.

111. Any inquirer or police officer shallnot offer or make or cause to be offered ormade any inducement, threat, or promise toany person charged with an offence toinduce such person to make any statementwith reference to the charge against suchperson. But any inquirer or police officershall not prevent or discourage by anycaution or otherwise any person frommaking in the course of any investigationunder this Chapter any statement which hemay be disposed to make of his own freewill.

112. (1) Whenever any officer incharge of a police station or an inquirermaking an investigation in a cognizable caseconsiders that the production of anydocument or thing is necessary to theconduct of the investigation, and there isreason to believe that a person to whomsummons or order under section 66 has

Inducementnot to beoffered.

Search bypoliceofficer orinquirer.

11/103

Cap.26] CODE OF C R I M I N A L PROCEDURE

Duly ofsubordinateofficer toreport toofficer incharge ofstation.

Release ofaccused ifevidencedeficient.

Procedurewheninvestigationcannot becompleted intwenty-fourhours.[§4,52 of 1980.

been or might be issued will not producesuch document or other thing as directed inthe summons or order, or when suchdocument or other thing is not known to bein the possession of any person, such officeror inquirer may search or cause search to bemade for the same in any place.

(2) Such officer or inquirer shallpracticable conduct the search in person.

(3) If he is unable to conduct the searchin person and there is no other personcompetent to make the search present at thetime, he may require any grama sevaniladhari to make the search and he shalldeliver to such grama seva niladhari anorder in writing specifying the document orother thing for which search is to be madeand the place to be searched, and suchgrama seva niladhari may thereupon searchfor such thing in such place.

(4) The provisions of this Code as tosearch warrants and searches thereuponshall so far as may be apply to a searchmade under this section.

113. When any subordinate policeofficer has made any investigation underthis Chapter, he shall report the repult ofsuch investigation to the officer in charge ofthe police station.

114. If upon an investigation under thisChapter it appears to the officer in charge ofthe police station or the inquirei that thereis not sufficient evidence or reasonableground of suspicion to justify theforwarding of the accused to a Magistrate'sCourt, such officer or inquirer shall if suchperson is in custody release him on hisexecuting a bond with or without sureties assuch officer or inquirer may direct to appearif and when so required before aMagistrate's Court having jurisdiction to tryor inquire into the offence.

115. (1) Whenever an investigationunder this Chapter cannot be completedwithin the period of twenty-four hours fixedby section 37, and there are grounds forbelieving that further investigation is

, necessary the officer in charge of the policestation or the inqui rer shall f o r t h w i t h

forward the suspect to the Magistratehaving jurisdiction in the case and shall atthe same time transmit to such Magistrate areport of the case, together with a summaryof the statements, if any, made by each ofthe witnesses examined in the course of suchinvestigation relating to the case.

(2) The Magistrate before whom asuspect is forwarded under this section, if heis satisfied that it is expedient to detain thesuspect in custody pending furtherinvestigation, may after recoiuing hisreasons, by warrant addressed to thesuperintendent of any prison authorize thedetention of the suspect for a total period offifteen days and no more. The provisions ofsection 264 shall apply to every suchwarrant. If at the end of the said period offifteen days proceedings are not institutedthe Magistrate may subject to subsection (3)either discharge the suspect or require himto execute a bond to appear if and when sorequired.

(3) Subject to tl^ provisions of the [§2,68 of 1979.)Criminal Procedure '.Special Provisions)Law, No. 15 of 1978,* a Magistrate shallnot release on bail or otherwise any personwho has— .

(a) surrendered himself to court, or

(b) been arrested,

consequent on an allegation that he hascommitted or has been concerned incommitting or is suspected ts havecommitted or to have been concerned incommitting an offence punishable undersections 114, 191 and 296 of the PenalCode :

Provided however that such person shall,subject to the provisions of the CriminalProcedure (Special Provisions) Law, No. 15of 1978,* be released on bail if proceedingsare not instituted against him in aMagistrate's Court or the High Court beforethe expiration of a period of three monthsfrom the date he surrendered to court or is

* See List of Enactments omitted from the Revised Edition.

II/104


Duty ofofficer orinquirer toforward caseto aMagistrate'sCourt ifsufficientinformationis wellfounded.[§5, 52 of 1980.)

arrested unless the High Court onapplication made by the Attorney-Generaldirects otherwise :

Provided further that the High Courtmay, subject to the provisions of theCriminal Procedure (Special Provisions)Law, No. 15 of 1978,* in specialcircumstances release such person on bailbefore or after the expiration of the periodof three months referred to in the precedingprovisions of this subsection.

(4) During the period that a suspect is inthe lawful custody of a superintendent ofprison, a court may upon an application inthat behalf made by thfc police officer incharge of a police station authorize such orany other police officer to have accessduring reasonable hours to such suspect forthe purpose of the investigation. The courtmay on an application in that behalf beingmade by an officer in charge of a police'station authorize him or any other namedpolice officer to take the suspect in thecompany of an officer of the PrisonsDepartment from place to place (other thanto a police station) if in the opinion of suchcourt such action is considered necessary forthe purpose of the investigation :

Provided that during the period a policeofficer has access to a suspect or takes himfrom place to place under the provisions ofthis subsection, the suspect shall be deemedto be an accused person in the custody ofsuch police officer for the purpose of theapplication of subsection (1) of section 27 ofthe Evidence Ordinance.

116. (1) If upon an investigation underthis Chapter it appears to the officer incharge of the police station or the inquirerthat the information is well founded suchofficer or inquirer shall forward the suspectunder custody before the Magistrate's Courthaving jurisdiction in the case, or if theoffence is bailable and the suspect is able togive security, shall take security from himfor his appearance before such court.

(2) When the officer in charge of apolice station or an inquirer forwards asuspect before,a Magistrate's Court or takes

security for his appearance, he shall send tosuch court any weapon or other article ordocument or specimen or sample which it

may be necessary to produce before such court, and shall require the complainant (if any) and so many of the persons whoappear to such an officer or inquirer to beacquainted with the circumstances of thecase as he may think necessary to execute abond to appear before the Magistrate'sCourt therein named and give evidence inthe matter of the charge against the suspect.

(3) The Magistrate may on applicationmade by a police officer or inquirer forwardany weapon or other article or document or [§5,52 of 1980,]specimen or sample to the GovernmentAnalyst, Government Examiner ofQuestioned Documents, Registrar of FingerPrints or Government medical officer, as thecase may be, for analysis and report to thecourt.

(4) The officer or inquirer in whosepresence the bond referred to in subsection(1) or subsection (2) is executed shall sendsuch bond to the Magistrate's Court.

(5) If any complainant or witness refusesto execute such bond, such officer orinquirer shall report the same to theMagistrate's Court having jurisdictionwhich may thereupon in its discretion issuea warrant or summons to secure theattendance of such complainant or witnessbefore itself to give evidence in the matter ofthe charge against the suspect.

Additionalpowers ofinquirers.

117. Every inquirer shall, in addition tothe powers hereinbefore mentioned withinthe local limits of his jurisdiction, have thefollowing powers :—

(a) power to arrest or direct the arrest inhis presence of any offender ;

(6) power to issue a warrant or to orderthe removal of an accused personarrested under a warrant-

118. (1) If an inquirer or a police powers ofofficer who is investigating any non- police officerscognizable offence is of opinion that it is and inquirers° . • ,. necessary to exercise any power conferred in non-cogni-upon him by this Act which could be zable cases.exercised only in respect of a cognizable offence, [6,$2 of 1980

* See List of Enactments omitted from the Revised Edition.

9- II/105


Magistratemay with-draw casefrominquirer.

Investigationt3obecompletedwithoutdelay.

Powers ofthisChapter tobe cumulative.

'Examinationby medicalpractitioner.

he shall, upon receiving an order from aMagistrate, be entitled to exercise suchpower in respect of such non-cognizableoffence.

(2) Subject to the provisions of section37, every inquirer and officer in charge of astation shall have power to authorize thedetention of a person during aninvestigation.

119. Any Magistrate having jurisdictionto hold an inquiry into any offence which isbeing investigated by an inquirer may at anystage withdraw the case from such inquirerand himself inquire into and try such case orcommit the same for trial.

120. (1) Every investigation under thisChapter shall be completed withoutunnecessary delay. Where such investigationcannot be completed within fifteen days theofficer in charge of the police station or theinquirer shall transmit to the Magistrate'sCourt having jurisdiction in the case, areport of the facts and the progress of theinvestigation at the end of the .fifteen daysand thereafter at the end of every period offifteen days until completion of theinvestigation.

(2) The detention ordered undersubsection (3) of section 115 shall be forperiods of fifteen days at a time.

(3) As soon as the investigation iscompleted the officer in charge of the policestation shall forward to such court a reportin the prescribed form. If in the report thereis no allegation that the suspect hascommitted or been concerned in thecommitting of any offence the Magistrateshall discharge him. If the report alleges thatthe suspect has committed or beenconcerned in committing an offence he shallbe prosecuted in accordance with theprovisions of this Code.

121. Anything in this Chapter containedshall not be construed to restrict the powersor duties vested in or imposed on policeofficers by this Code or any otherenactment.

122. (1) Where any officer in charge ofa police station considers that theexamination of any person by a medical

practitioner is necessary for the conduct ofan investigation he may, with the consent ofsuch person, cause such person to beexamined by a Government medical officer.The Government medical officer shall reportto the police officer setting out the result ofthe examination.

(2) Where the person referred to insubsection (1) does not consent to being soexamined, the police officer may apply to aMagistrate within whose jurisdiction theinvestigation is being made for an orderauthorizing a Government medical officernamed therein to examine such person andreport thereon. Where such an order ismade such person shall submit to anexamination by such Government medicalofficer who shall report to the Magistratesetting out the result of the examination.

123. (1) Where any officer in charge ofa police station is of opinion that it isnecessary to do so for the purpose of aninvestigation, he may cause any finger, palmor foot impression or impression of any partof the body of any person suspected of theoffence under investigation or any specimenof saliva, urine, hair or finger nail or anyscraping from a finger nail of such person tobe taken with his consent.

(2) Where the person referred to insubsection (1) does not consent to suchimpression, specimen or scraping beingtaken, such police officer may apply to theMagistrate's Court within whose jurisdictionthe investigation is being made for an orderauthorizing a police officer to take suchimpression, specimen or scraping and suchperson shall comply with such order.

(3) Any officer in charge of a policestation may, where it is necessary for thepurpose of the investigation to compare anyhandwriting, cause a specimen of thehandwriting of any person to be taken withhis consent.

(4) Where such person refuses to give aspecimen of his handwriting the officer incharge of the police station may apply to theMagistrate's Court within whose jurisdictionthe investigation is being made for an orderrequiring such person to give a specimen ofhis handwriting, and such person shallcomply with such order.

Taking offingerimpressions,specimens ofhair &c. ofsuspectperson.

II/106


Magistrateto assistinvestigation.

Senior policeofficer maytake overinvestigation.

Noinducementto beoffered.

Power torecordstatementsandconfessions.

124. Every Magistrate to whomapplication is made in that behalf shall assistthe conduct of an investigation by makingand issuing appropriate orders and processesof court, and may, in particular hold, orauthorize the holding of, an identificationparade for the purpose of ascertaining theidentity of the offender, and for such purposerequire a suspect or any other person toparticipate in such parade, and make or causeto be made a record of the proceedings ofsuch parade.

125. Anything to the contrary in this orany other law notwithstanding it shall belawful for any police officer not below therank of Assistant Superintendent of Police totake over at any stage any investigation underthis Chapter for any offence and to conductand direct such investigation and for suchpurpose to cause the investigation or any partof it to be conducted by any police officer ofhis choice or by a team of specially selectedpolice officers drawn from any part of theIsland.

CHAPTER XII

STATEMENTS TO MAGISTRATES ORPEACE OFFICERS

126. Except as provided in Chapter XXIany peace officer or person in authority shallnot offer or make or cause to be offered ormade any inducement, threat, or promise toany person charged with an offence to inducesuch person to make any statement havingreference to the charge against such person.But any peace officer or other person shallnot prevent or discourage'by any caution orotherwise any person from making anystatement which he may be disposed to makeof his own free will.

127. (1) Any Magistrate may record anystatement made to him at any time before thecommencement of any inquiry or trial.

(2) Such statement shall be recorded andsigned in the manner provided in section 277and dated, and shall then be forwarded to theMagistrate's Court by which the case is to beinquired into or tried.

(3) A Magistrate shall not record anysuch statement being a confession unless uponquestioning the person making it he hasreason to believe tha t it was madevoluntarily, and when he records any such

Ordinaryplace of

local limits of whose jurisdiction it was inquirycommitted. and trial

statement he shall make a memorandum atthe foot of such record to the followingeffect;—

I believe that this sialement was voluntarily made. Itwas taken in my presence and hearing and was read overby me to the person making it and admitted by him to becorrect, and it contains accurately the whole of thestatement made by hirn.

(Signed) A. B.Magistrate of the Magistrate's Court,

PART VI

PROCEEDINGS IN PROSECUTIONS

CHAPTER XIII

OF THE JURISDICTION OF THE CRIMINALCOURTS IN INQUIRIES AND TRIALS

A—PLACE OF INQUIRY OR TRIAL

128. (1) Every offence shall ordinarily beinquired into and tried by a court within the

(2) Any Magistrate's Court within thelocal limits of the jurisdiction of which anaccused may be or be found shall havejurisdiction respectively in all cases of offencesotherwise within their respective jurisdictionswhich have been committed on the territorialwaters of Sri Lanka.

(3) An offence committed on theterritorial waters of Sri Lanka to whichsubsection (2) is not applicable or an offencecommitted on the high seas, or on board anyship or upon any aircraft may be tried orinquired into by the Magistrate's Court ofColombo if it otherwise has jurisdiction or onindictment by the High Court.

129. When a person is accused of thecommission of any offence by reason ofanything which has been done and of anyconsequence which has ensued, such offencemay be inquired into or tried by any courtwithin the local limits of the jurisdiction ofwhich any such thing has been done or anysuch consequence, has ensued.

AnyMagistrate'sCourt tohavejurisdictionover offencescommitted onterritorialwaters.

Accused istriable indistrictwhere actis done orconsequenceensues.

11/107


Place of trialwhere act is anoffence byreason ofrelation toother offence.

Escape fromcustody.

Illustrations

(a} A is wounded within the local limits of (hejurisdiction of the Magistrate's Court of Xand dies within those of the Magistrate'sCourt of Z ; the offence of culpable homicideof A may be inquired into by theMagistrate's Court of either X or Z.

(b) A is wounded within the local limits of thejurisdiction of the Magistrate's Court of Xand is during ten days within the local limits'of the Jurisdiction of Magistrate's Court Y.and during ten days more within the localjurisdiction of Magistrate's Court Z, unablein the local limits of the jurisdiction ofMagistrate's Court Y or 2 to follow hisordinary pursuits ; the offence of unlawfullycausing grievous hurl to A may be tried byIhe Magistrate's Court of either X, Y, or Z.

(c) A is put in fear of injury within the local limits ofthe jurisdiction of the Magistrate's Court ofX and is thereby induced within the locallimits of the jurisdiction of the Magistrate'sCourt of Y to deliver property to the personwho put him in fear; the offence of extortioncommitted on A may be tried by theMagistrate's Court of either X or Y-

130. When an act is an offence byreason of the relation to any other act whichis also an offence or which would be anoffence if the doer were capable ofcommitting an offence, a charge of the first-mentioned offence may be inquired into ortried by a court within the local limits of thejurisdiction of which either act was done-

Illusiraiions

(a) A charge of abetment may be inquired into ortried either by the court within the locallimits of whose jurisdiction the abetment wascommitted or by the court within the locallimits of whose jurisdiction the offenceabetted was commitfed.

(b) A charge of receiving or retaining Stolen goodsmay be tried either by the court within thelocal limits of whose jurisdiction the goodswere stolen or by the court within the locallimits of whose jurisdiction any of them wereat any time dishonestly received or retained.

(c) A charge of wrongfully concealing a personknown to have been kidnapped may be tried

. . by the Magistrate's Court within the locallimits of whose jurisdiction the wrongfulconcealing or by the Magistrate's Courtwithin the local limits of whose Jurisdictionthe kidnapping look place.

131. (1) The offence of having escapedfrom custody may be tried either by thecourt within the local limits of whosejurisdiction the person charged is or by thecourt within the local limits of whosejurisdiction the offence was committed.

(2) The offence of criminal Criminalmisappropriation or of criminal breach of misappro-, . . , - • , - i i priationtrust may be inquired into or tried either by and criminalthe court within the local limits of whose breach of trustjurisdiction any part of the property whichis the subject of the offence was received bythe accused person or by the court withinthe local limits of whose jurisdiction theoffence was committed.

(3) The offence of stealing anything may Stealing.be inquired into or tried by any court withinthe local limits of whose jurisdiction suchthing was stolen or was possessed by thethief or by any person who receives orretains the same knowing or having reasonto believe it to be stolen.

132. (1) (a) When it is uncertain in Place ofwhich of several local areas an inquiry or trialoffence was committed ; or ln vaRIouscases.

(b) where an offence is committed partlyin one local area and partly inanother; or

(c) where an offence is a continuing oneand continues to be committed inmore local areas than one ; or

((/) where an offence consists of severalacts done in different local areas;or

(e) where in the course of the sametransaction different offences arecommitted in different local areas.,

such offence or offences may be inquiredinto or tried by a court having jurisdictionover any one of such local areas.

(2) An offence committed whilst theoffender is in the course of performing ajourney or voyage may be inquired into ortried by a court through or into the locallimits of whose jurisdiction the offender orthe person against whom or the thing inrespect of which the offence was committedpassed in the course of that Journey orvoyage.

(3) All offences against the provisions ofany law for the time being in force relatingto railways, telecommunications, the postoffice, or arms and ammunition may beinquired into or tried by any court, whetherthe offence is stated to have been committedwithin the local limits of the jurisdiction ofsuch court or not, provided that theoffender is found within such localjurisdiction.

Offencescommitted ona journey.

Offencesagainstprovisions ofany lawrelating torailways,telecom-munications,post office,arms andammunition.

11/108


Attorney-General todecide, incase ofdoubt courtwhere inquiryshalltake place.

Sentencenot to beset asidebecauseinquiry heldby wrongMagistrate'sCourt.

133. Whenever any doubt is entertainedby a Magistrate as to the Magistrate's Courtby which any offence should be inquiredinto, such Magistrate may embody theascertained facts in the form of a case andtransmit the same to the Attorney-Generalfor his opinion, and the Attorney-Generalshall thereupon decide in which court theoffence shall be inquired into and such courtshall thereupon have jurisdiction to inquireinto such offence,

134. Any sentence or order of anycriminal court in the trial of an offence shallnot be liable to be set aside merely on theground that the inquiry into the commissionof the offence to which the sentence or orderrelates was made by a Magistrate's Courtnot empowered under this Chapter so to do.

B.—CONDITIONS NECESSARY FORINITIATING PROCEEDINGS

135. (1) Any court shall not takecognizance of—

(a) any offence punishable under sections170 to 185 (both inclusive) of thePenal Code except with theprevious sanction of the Attorney-General or on the complaint of thepublic servant concerned or of somepublic servant to whom he issubordinate;

(b) any offence punishable under sections158, 159, 160, 161,210,211 and 212of the Penal Code except with theprevious sanction of theAttorney-General;

(c) any offence punishable under sections190, 193, 196, 197, 202, 203, 204,

[§7,52 of 1980.] 205, 206, 207 and 223 of the PenalCode when such offence iscommitted in or in relation to anyproceeding in any court except withthe previous sanction of theAttorney-General or on thecomplaint of such court ;

(d) any offence described in section 452 orpunishable under sections 459, 463and 464 of the Penal Code whensuch offence has been committed bya party to any proceeding in anycourt, in respect of a document

Theconditionsnecessaryfor theinitiation ofprosecutionsfor certainoffences.

given in evidence in suchproceeding except with the previoussanction of the Attorney-General oron the complaint of such court;

(e) any offence punishable under section [§7,52 of 1980.]290A or section 291 B of the PenalCode unless upon complaint madeby the Attorney-General or by someother person with the previoussanction of the Attorney-General;

(f) any offence falling under Chapter XIXof the Penal Code unless uponcomplaint made with the previoussanction of the Attorney-General bysome person aggrieved by suchoffence or by some other personwith the like sanction;

(g) any offence punishable under section291A' of the Penal Code, unlessupon complaint made with theprevious sanction of the Attorney-General by some person aggrievedby such offence or by some otherperson with the like sanction,

(2) The complaint of a court shall be inwriting under the hand of the Registrar ofthe court.

(3) Where complaint is made by a courtsuch court may cause the accused to bearrested and sent in custody before theMagistrate's Court having jurisdiction.

(4) When sanction is given in respect ofany offence referred to in this section thecourt taking cognizance of the case mayframe a charge of any other offence soreferred to which is disclosed by the facts,but such sanction shall not remain in forcefor more than six months from the date onwhich it was given.

•• (5) In this section the expression " some [§7.52 of 1980.]other person " shall be deemed to include apeace officer.

(6) This section shall not apply to any [§7,52 of 1980.]case in which the Attorney-General hasexercised his powers under section 393 (7).

I I /109


ProceedingsinMagistrate'sCourt howinstituted.

CHAPTER XIV

OF THE COMMENCEMENT OF PROCEEDINGSBEFORE MAGISTRATES'COURTS

136. (1) Proceedings in a Magistrate'sCourt shall be instituted in one of thefollowing ways:—

(a) on. a complaint being made orally orin" writing to a Magistrate of suchcourt that an offence has beencommitted which such court hasjurisdiction either to inquire into ortry:

Provided that such a complaint ifin writing shall be drawn andcountersigned by a pleader andsigned by the complainant; or

(b) on a written report to the like effectbeing made to a Magistrate of suchcourt by an inquirer appointedunder Chapter XI or by a peaceofficer or a public servant or aservant of a Municipal Council orof an Urban Council or of a TownCouncil; or

(c) upon the knowledge or suspicion of aMagistrate of such court to the likeeffect;

Provided that when proceedingsare instituted under this paragraphthe accused or when there areseveral persons accused any one ofthem, shall be entitled to requirethat the case shall not be tried bythe Magistrate upon whoseknowledge or suspicion theproceedings were instituted, butshall either be tried by anotherMagistrate or committed for trial;or

(d) on any person being brought before aMagistrate of such court in custodywithout process, accused of havingcommitted an offence which suchcourt has jurisdiction either to,inquire into or try; or

(e) upon a warrant under the hand of theAttorney-General requiring aMagistrate of such court to hold an

inquiry in respect of an offencewhich such court has jurisdiction toinquire into; or

(/) on a written complaint made by acourt under section 135.

(2) The written report under paragraph(b), the warrant of the Attorney-Generalunder paragraph (e), and the writtencomplaint under paragraph (/) of subsection(1) may be forwarded by post or bymessenger to the Magistrate's Court ordelivered by hand to a Magistrate of suchcourt and shall form part of theproceedings.

(3) Except as herein provided anywritten complaint shall not be entertainedby a Magistrate.

137. In cases where .the offence Medicalcomplained of is one of rape, carnal examinationintercourse with a young girl, unnatural complainantoffence, or hurt of a serious nature or hurt and accusedwhether serious or not alleged to have been ln case ofcaused by an instrument for stabbing or rape' &ccutting, the Magistrate shall cause theperson who is alleged to have been thesubject of such rape, carnal intercourse,unnatural offence, or hurt, and the personaccused of such rape, carnal intercourse orunnatural offence to be forthwith examinedby a Government medical officer if he hasnot already been so examined.

138. (1) Where the offence alleged in Procedureany proceedings instituted under section 136 in certaln,,. . . ,. ,-/ , , v ,„ . , cases where(1) (a) or section 136 ,(1) (b) is not one accusedtriable summarily by him, the Magistrate is unknown.may, although no person by name isaccused of having committed such offence,examine on oath the complainant orinformant and any other person who mayappear to the Magistrate to be able to speakto the facts of the case. Such examinationmay if the Magistrate thinks fit be held inprivate.

(2) Every examination held by theMagistrate under subsection (1) shall bereduced into writing and after being readover and if need be interpreted to the personexamined shall be signed by him and also bythe Magistrate and dated.

II/110


Issue ofprocess.

(3) If, after such examination, there is inthe opinion of the Magistrate sufficientground for proceeding against any person,he shall issue process against such person inthe manner provided by section 139.

139. (1) Where proceedings have beeninstituted under paragraph (a) or paragraph(A) or paragraph (c) of section 136 (1) andthe Magistrate is of opinion that there issufficient ground for proceeding againstsome person who is not in. custody—

(a) if the case appears to be one inwhich according to the fourthcolumn of the First Schedule asummons should issue in the firstinstance, he shall, subject to theprovisions of section 63, issue asummons for the attendance of suchperson;

(b) if the case appears to be one inwhich according to that column awarrant should issue in the firstinstance, he shall issue a warrantfor causing such person to bebrought or to appear before thecourt at a certain time :

Provided that—

(i) the Magistrate may in any case, if hethinks fit, issue a summons in thefirst instance instead of a warrant;

(ii) in any case under paragraph (a) orparagraph (b) of section 136 (1), theMagistrate shall, before issuing awarrant, and may, before issuing asummons, examine on oath thecomplainant or some materialwitness or witnesses; and

(iii) in any case under paragraph (c) ofsection 136 (1), the Magistrate shall,before issuing process, record abrief statement of the facts whichconstitute his means of knowledgeor of the grounds of his suspicion,as the case may be.

(2) Where proceedings have beeninstituted under paragraph (tf) of section136 (1), the Magistrate shall forthwithexamine on oath or affirmation the person

who has brought the accused .before thecourt and any other person who may bepresent in court able to speak to the facts ofthe case: .

Provided that such examination shall notbe necessary where the Magistrate hasbefore him a report of the facts of the caseor a complaint in writing has been filed.

(3) Where proceedings have beeninstituted under paragraph (e) or paragraph(/) of section 136 (1), the Magistrate shallissue a summons for the attendance of theperson named in the warrant or complaint,or a warrant for causing such person to bebrought or to appear before the court at acertain time, according as the fourth columnof the First Schedule provides that the caseis one in which a summons or a warrantshould issue in the first instance.

140. Every summons or warrant issued Contents ofunder section 139 shall contain a statement summonsof the particulars of the offence charged and orin the case of a summons shall require the warrantaccused to appear at a time and placetherein specified totherein set forth.

aanswer the charge

141. Every examination held by the ExaminationMagistrate under section 139 shall be under ,.

section 139recorded in the manner provided in section to be138 (2). , recorded.

Such examination may if the Magistratethinks fit be held in private.

142. (1) Where the offence or any one Procedure 'of them where there is more than one, falls to bewithin the list of offences set out in the adoptedSecond Schedule to the Judicature Act, or when casewhere the Attorney-General has under proceeds.section 145 (b) or section 393 (7) (b) directed [8,52 of 1980 .the Magistrate to hold a preliminary ,inquiry, the Magistrate shall follow theprocedure laid down in Chapter XV.

_(2) Where the offence appears to be onetriable summarily in a Magistrate's Courtthe Magistrate shall follow the procedurelaid down in Chapter XVII:

Provided that if the Magistrate is ofopinion that the offence cannot beadequately punished by a Magistrate'sCourt he shall forthwith stop furtherproceedings and forward the record of the

II/111


In case ofhomicideMagistrateto holdinquiryon spot.

When issuingsummonspersonalattendanceof theaccused maybe dispensedwith.

Preliminaryinquiry.

case to the Attorney-General, and thereafterabide the instructions of theAttorney-General.

143. If in a proceeding instituted undersection 136 the case appears to be one ofculpable homicide the Magistrate shall,unless for reasons to be recorded by him hethinks it inexpedient, go to the spot wheresuch offence appears to have beencommitted and if the accused be presentbefore him shall proceed to hold such partof the inquiry directed by Chapter XV asmay be necessary, and if the accused be notpresent shall hold an examination of suchpersons as may seem to him to be able togive material evidence.

Such examination shall be recorded in themanner provided in section 138 (2).

144. Whenever a Magistrate issues asummons he may in his discretion dispensewith the personal attendance of the accusedand permit him to appear by a pleader:

Provided always that the Magistrate mayin his discretion at any stage of theproceedings direct the personal attendanceof the accused and enforce his attendance inmanner hereinbefore provided.

CHAPTER XV

OF THE INQUIRY INTO CASES WHICHAPPEAR NOT TO BE TRIABLE SUMMARILY BY

MAGISTRATE'S COURT BUT TRIABLE BYTHE HIGH COURT

145. When the accused appears or isbrought before the Magistrate's Court, theMagistrate shall in a case—

(a) where the offence or any one of themwhere there is more than one, fallswithin the list of offences set out inthe Second Schedule to theJudicature Act; or

(b) where the Attorney-General being ofopinion that evidence recorded at ap re l im ina ry i n q u i r y wil l be

-necessary for preparing anindictment, within three months ofthe date of the commission of theoffence so directs,

hold a preliminary inquiry according to theprovisions hereinafter mentioned.

146. A Magistrate conducting a Accused topreliminary inquiry shall at the be lnformed

. of charge.commencement of such inquiry read over tothe accused the charge or charges in respectof which the inquiry is being held, but uponsuch reading over the accused shall not berequired to make any reply thereto; if anysuch reply is made, it shall not be recordedby the Magistrate; nor shall any such replybe admissible in evidence against theaccused.

147. The officer in charge of the police Informationstation where the relevant Information Book

Book is kept shall at the commencement of entriesthe inquiry furnish to the Magistrate two to becertified copies of the notes of investigation tenderedand of all statements recorded in the courseof the investigation.

148. (1) The Magistrate shall then Depositions,take, in the presence of the accused and inthe manner hereinafter provided, thestatements on oath or affirmation of thosewho know the facts and circumstances ofthe case, and put them in writing (called thedepositions):

Provided that the Magistrate shall notexcept where the Attorney-Generalotherwise directs summon and record theevidence of any expert witness but shall onlycause such witness's report to be producedand filed of record.

(2) Subject to the proviso to subsection(1) the accused may put questions to eachwitness produced against him and theanswer of the witness thereto shall be partof his deposition.

(3) If the accused is not represented byan attorney-at-law the Magistrate shall, atthe close of the examination of each witnessfor the prosecution, ask the accused whetherhe wishes to put any questions to thewitness.

II/112


Depositionswhere theaccused isabscondingor abroad.

Variancebetweencharge andevidence.

(4) (a) Where the accused—

(i) is absconding or has left the island ;or

(ii) is unable to attend or remain incour t by reason of i l lness andc i t h e r h ;»s c o n s e n t e d to thecommencement or continuance ofthe inqui ry in his absence or suchinquiry may commence or continuewithout any prejudice to him ; or

(iii) by reason of his conduct in court isobstructing or impeding theprogress of the inquiry,

the Magistrate may, if satisfied of theseproceed or continuethe absence of the

facts, commence andwith the inquiry inaccused.

(b) An attorney-at-law may appear forsuch absent accused.

(c) The inquiry shall proceed as far as ispracticable in accordance with theprovisions of this Chapter and section 416shall apply to the depositions recordedwhere there is a trial on indictment in theHigh Court whether the accused is presentin the High Court or not.

149. (1) Any variance between factsstated in the charge read over to the accusedunder section 146 and the evidence adducedin support thereof as to the time or place atwhich the offence or act is alleged to havebeen committed shall not be deemed

: material if it be proved, in the case of thetime, that the charge was in fact laid withinthe time limited by law for laying the sameand, in the case of the place, that thejurisdiction of the court is not oustedthereby,

(2) Any variance in any other respectbetween the facts stated in the charge andthe evidence adduced in support thereofshall not be material:

Provided that the accused shall not beconvicted of any offence other than thatwith which he has been charged unless suchother offence is one of which he may belawfully convicted under the provisions ofthis Code upon the trial of the offence withwhich he is charged.

(3) Where any variance as is mentionedin this section appears to the Magistrate tobe such that the accused has been therebydeceived or misled, the Magistrate mayupon such terms as he shall think fitadjourn the inquiry to some further day.

(4) Upon any such variance appearingthe Magistrate may make such amendmentof the charge as he deems fit and maypermit any witness to be recalled andfurther questioned upon any mattersrelevant to the variance or amended charge.

150. After the examination of the Charges towitnesses called on behalf of the prosecution bc read t0

. , , , , *, • , , accusedand provided that the Magistrate does not after closeconsider that the case should be dealt with of prosecutionin accordance with the provisions of section case-153, the Magistrate shall read the charge tothe accused and explain the nature thereofin ordinary language and inform him thathe has the right to call witnesses and, if heso desires, to give evidence on his ownbehalf.

151. (1) The Magistrate shall then Provisionsaddress to the accused the following words as to taking statment

of accused.or words to the like effect;—

" Do you wish to say anything inanswer to the charge ? You are notobliged to say anything unless youdesire to do so, but whatever you saywill be taken down in writing and putin evidence at your trial ".

(2) Before the accused makes anystatement in answer to the charge, theMagistrate shall state to him and give himclearly to understand that he has nothing tohope from any promise of favour andnothing to fear from any threat which maybe held out to him to induce him to makeany admission or confession of his guilt, butthat whatsoever he then says will be given inevidence at his trial, notwithstanding thepromise or threat.

(3) Any statement the accused makes inanswer to the charge shall be recorded in themanner provided by section 277.

152. (1) Immediately after complying Evidencewith the requirements of section 151 relating fo r the

r . -i -i L **- defence.to the statement of the accused, and whether

I I /113


the accused has or has not made astatement, the Magistrate shall ask theaccused whether he desires to give evidenceon his own behalf and whether he desires tocall witnesses.

(2) If the accused in answer to thequestion states that he wishes to giveevidence but not to call witnesses, theMagistrate shall proceed to take forthwiththe evidence of the accused, and after theconclusion of the evidence of the accused,his attorney-at-law (if the accused isrepresented) shall be heard on his behalf, ifhe so desires.

(3) If the accused in. answer to thequestion states that he desires to give.evidence on his own behalf and to callwitnesses, or to call witnesses only, theMagistrate shall proceed to take eitherforthwith, or, if a speech is to be made byan attorney-at-law on behalf of the accused,after the conclusion of the speech, theevidence of the accused, if he desires to giveevidence himself, and of any witness calledby him who knows anything relating to thefacts and circumstances of the case oranything tending to prove the innocence ofthe accused.

(4) If the accused states that he haswitnesses to call, but that they are notpresent in court, and the Magistrate issatisfied that the absence of such witnessesis not due to any fault or neglect of theaccused, and that there is a likelihood thatthey could, if present, give material evidenceon behalf of the accused, the Magistratemay adjourn the inquiry and issue processor take other steps to compel the attendanceof such witnesses.

(5) Evidence given by the accused or anysuch witness as aforesaid shall be takendown in writing and the provisions ofsection 148 shall apply in the case ofwitnesses for the defence as they apply inthe case of witnesses for the prosecution,except that the Magistrate shall not bindover to attend the trial any witness who is awitness merely to the character of theaccused.

Discharge 153. (1) If the Magistrate considersthat the evidence against the accused is notsufficient to put him on his trial, the

Magistrate shall forthwith for reasons to berecorded by him order him to be dischargedas to the particular charge under inquiry;but such discharge shall not be a bar to anysubsequent charge in respect of the samefacts:

Provided that nothing contained in thissection shall prevent the Magistrate fromeither forthwith or after such adjournmentof the inquiry as may seem expedient in theinterests of justice, proceeding to investigateany other charge upon which the accusedmay have been summoned or otherwisebrought before him, or which, in the courseof the charge so dismissed as aforesaid, itmay appear that the accused has committed.

(2)" Anything in this section shall not bedeemed to prevent the Magistrate fromdischarging the accused at any stage of thecase if for reasons (to be recorded by him)he considers the complaint to be groundless.

154. If the Magistrate considers the Commitmentevidence sufficient to put the accused on his for tria1.trial, the Magistrate shall commit him fortrial before the High Court.

155. (1) The Magistrate shall at the Accused'stime of committing the accused for trial witnesses.require the accused to state orally there andthen the names of persons (if any) whom hewishes to be required to give evidence at histrial, distinguishing between those whom heproposes to call to speak to facts and thosewho are merely to speak to character.

(2) The Magistrate shall prepare a list ofsuch of the witnesses named by the accusedunder subsection (1) as have not alreadygiven evidence before him and shall directthe Fiscal to issue a notice on each suchwitness requiring him to appear before thecourt of trial on the date specified in thenotice:

Provided, however, that the Magistratemay exclude from such list the name of anywitness if he is of opinion that the evidenceof such witness is not material.

(3) Where any witness on whom a noticeunder subsection (2) has been served fails toappear in the court of trial as directed bysuch notice, that notice shall, for the

II/114


Materialwitnessesto be boundover toappear.

purpose of the application of sections 63and 64, be deemed to be a summons whichthe court of trial is empowered to issue andthe provisions of those sections shall applyaccordingly,

(4) Service of any notice under thissection shall be effected in the mannerprovided for the service of summons insections 45 and 46 and the provisions ofsection 49 shall apply accordingly for thepurpose of proving such service:

Provided that if service cannot be effectedin such manner by the exercise of duediligence, the notice shall be affixed to some.conspicuous part of the house or homesteadin which the witness ordinarily resides, andin such case the notice shall be deemed tohave been duly served.

156. (1) When the Magistrate commitsthe accused for trial he shall require everymaterial witness for the prosecution ordefence who has appeared before him andgiven evidence and who has not alreadybeen bound over, to execute a bond with orwithout sureties for his appearance to giveevidence at the trial and, if required, at any,further examination concerning the chargeagainst the accused which may be held bythe direction of the Attorney-General; andfor the like purpose it shall be lawful for anyMagistrate who examines any witness oncommission under the provisions hereinaftercontained to require such witness soexamined to execute a bond with or withoutsureties as such Magistrate may determine.

(2) The Magistrate may at any stage ofthe inquiry require any witness to executesuch bond as in the last subsectionmentioned for appearance at any furtherstage of the proceedings either in that courtor in the High Court, in case the accused becommitted for trial. It shall not be necessaryto specify the sessions of the High Court inthe bond, but the obligor shall be bound onreceiving reasonable notice to attend at thetrial in whatever sessions of the High Courtthe accused may be tried.

(3) If a witness refuses or neglects toexecute such bond the Magistrate maycommit him to prison until such bond isduly executed or until the trial, when heshall be sent in custody to the court of trial,

(4) The Magistrate shall endorse on thewarrant of committal the names of allpersons who have been bound over underthis section or who having refused to bebound over have been committed to prison.

(5) Every person who executes suchbond shall give to the Magistrate an addressat which all notices respecting the furtherproceedings in the case may be left for him,and any notice left at such address for himshall (until the contrary be proved) bedeemed to have been received by him.

157. The Magistrate shall if the accused Magistrateis committed for trial record whether the to certifyaccused is on bail or in custody and certifyunder his hand the record of the inquiry.

record.

158. (I) When an accused has been Accusedcommitted for trial he shall, if he demands it entitled to

, , . . , ,. ., . . , , statementsat a reasonable time before the trial, be to thefurnished with a certified copy of the police.statements to the police of the witnesses [§9,52 of 1980who have testified before the Magistrate andof the statements (if any) to the police of theaccused, by the officer-in-charge of thepolice station where the relevant books arekept, on payment therefor at such rate asmay be prescribed by the Minister byregulation:

Provided that until a rate is so prescribedthe rate shall be twenty-five cents .for ahundred words.

(2) When an indictment has beenforwarded against any person in respect ofan offence which is not shown to be triableby a Magistrate's Court in the eighthcolumn of the First Schedule, the Attorney-General may, in the interests of justice,make available to the accused or to hisattorney-at-law, for perusal the statement tothe police of any witness not listed in theindictment.

159. (I) When the Magistrate commits Record to beforwardedto courtof trial,and certifiedcopy ofrecord toAttorney-General.

the accused for trial he shall, subject to theprovisions of this Code regarding the takingof bail by warrant addressed to theSuperintendent of any prison, commit theaccused to the custody of the saidSuperintendent until and during the trial.

II/115


Presentationand serviceofindictment.

(2) The Magistrate shall forthwithtransmit— ;

(a) to the High Court—

(i) the record of the inquiry togetherwith all documents and thingsproduced in evidence ; and

(ii) a copy certified under his hand ofsuch record and of suchdocuments; and

(tii) one of the certified copies of thenotes of investigation and ofstatements furnished by the officerin charge of the police station;

(b) to the Attorney-General—

(i) a copy certified under his hand of therecord of inquiry and of all thedocuments produced in evidencetogether with as many of suchcertified copies as there areaccused; and

(ii) one of the certified copies of the notesof investigation and of statementsfurnished by the officer-in-charge ofthe police station.

(3) The provisions of section 264 shallapply to every warrant issued under thissection.

160. (1) If after the receipt by him ofthe certified copy of the record of aninquiry, the Attorney-General is of opinionthat the case is one which should be triedupon indictment before the High Court, anindictment shall be drawn up and whensigned in accordance with the provisions ofsection 162 (3) shall be forwarded to andfiled in the High Court.

(2) The fact that the indictment has beenSo signed, forwarded, and filed shall beequivalent to a statement that all conditionsrequired by law to constitute the offencecharged and to give such court jurisdictionhave been fulfilled in the particular case.

(3) The Attorney-General may, subject. to the provisions of this Code relating to thejoinder of charges, substitute or include inthe indictment any charge in respect of anyoffence which is disclosed by the evidence

taken by the Magistrate, notwithstandingthat such charge was not read to the accusedby the Magistrate.

161. Subject to the provisions of this When trialCode and any other written law in every sha11 becase where at least one of the offences falls by jurywithin the list of offences set out in the and when notSecond Schedule to the Judicature Act, orin any case where the Attorney-Generalhaving regard to the nature andcircumstances of the offence determines thatthe trial should be held in the High Courtby a jury, trial shall be on indictment in theHigh Court by a jury. In every other caseand whether there was a preliminary inquiryunder this Chapter or not, trial shall be onindictment in the High Court without ajury.

162. (1) Every indictment for trial in Contentsthe High Court whether with or without a of ., ,, . ,. - . , indictment.jury shall contain a list of witnesses whomthe prosecution intends to call and anotherlist of documents and things intended to beproduced at the trial which documents andthings shall be called " productions ".

But anything in this subsection shall notbe deemed or construed to debar theprosecution after notice to the accused,from calling any witness or producing anydocument or thing not specified in theindictment. '

(2) To every indictment shall beattached the following documents :—

(a) where there was a preliminary inquiryunder this Chapter a certified copyof the record of inquiry and of thedocuments and of the inquestproceedings if there had been aninquest;

(b) where there was no preliminary [§io, 52 of 1980.]inquiry under this Chapter, copiesof statements to the police, if any,of the accused and the witnesseslisted in the indictment;

(c) copies of all reports and sketcheslisted in the indictment;

(d) copies of the notes of anyidentification parades that mayhave been held during theinvestigation of the case ; '

II/116


Inquiryto beconcludedin amonth.

Charge tostateoffence.

(e) copies of any statements made to theMagistrate under section 127 by—

(i) the accused ; and

(ii) any witness listed in theindictment; and

(f) copies of such portion of the notes,containing the observations of thescene of offence, made during theinvestigation of the offence by apolice officer.

\3) The indictment shall be in theprescribed form and shall be brought in thename of the Attorney-General and shall besigned by the Attorney-General or theSolicitor-General or a State Counsel.

(4) The proceedings shall not abate ordetermine by reason of the death or removalfrom office of the Attorney-General.

163. Every inquiry held under thisChapter shall be concluded within onemonth of the commencement of theproceedings unless the Magistrate, forreasons to be recorded by him, finds itnecessary to prolong the inquiry beyond theperiod of one month.

CHAPTER XVI

OF THE CHARGE

164. (1) Every charge under this Codeshall state the offence with which theaccused is charged.

(2) If the law which creates the offencegives it any specific name, the offence maybe described in the charge by that nameonly.

(3) If the law which creates the offencedoes not give it any specific name, so muchof the definition of the offence must bestated as will give the accused notice of thematter with which he is charged.

(4) The law and section of the law underwhich the offence said to have beencommitted is punishable shall be mentionedin the charge.

(5) The fact that the charge is made isequivalent to a statement that every legalcondition required by law to constitute theoffence charged was fulfilled in theparticular case.

(6) The charge shall when it is preferred,whether at the inquiry preliminary tocommittal for trial or at the trial, be read tothe accused in a language which heunderstands.

Illustrations

{a) A is charged with the murder of B. This isequivalent to a statement that A's act fellwithin the definition of murder given insections 293 and 294 of the Penal Code ; thai itdid not fall within any of the generalexceptions of the same Code and that it didnot fall within any of the five exceptions tosection 294. or that if it did fall withinexception ', one or other of the three provisosto that exception applied to it.

(b) A is charged under section 317 of the Penal Codewith voluntarily causing grievous hurt to B bymeans of an instrument for shooting. This isequivalent to a statement that the case was notprovided for by section 326 of the Penal Codeand that the general exception did not apply toit.

(c) A is accused of murder, cheating, theft,extortion, criminal intimidation or using afalse property-mark. The charge may slate thatA committed murder or cheating or theft orextortion or criminal intimidation, or thai heused a false property-mark without referenceto the definitions of those crimes contained inthe Penal Code.

(d) A is charged under section 182 of the Penal Codewith intentionally obstructing a sale ofproperty offered for sale by the lawful

. authority of a public servant. The chargeshould be in these words.

165. (1) The charge shall contain such Particularsparticulars as to the time and place of the as to tlme-alleged offence and as to the person (if any) placeagainst whom and as to the thing (if any) in personrespect of which it was committed as arereasonably sufficient to give the accusednotice of the matter with which he ischarged and to show that the offence is notprescribed.

(2) When the accused is charged withcriminal breach of trust or dishonestmisappropriation of movable property, itshall be sufficient to specify the gross sumor, as the case may be, the gross quantity in

II/117


Whenmanner ofcommittingoffencemust bestated.

respect of which the offence is alleged tohave been committed, and the dates betweenwhich the offence is alleged to have beencommitted without specifying particularitems or exact dates, and the charge soframed shall be deemed to be a charge ofone offence within the meaning of section174:

Provided that the time included betweenthe first and last of such dates shall notexceed one year.

(3) When the nature of the case is suchthat the particulars mentioned in section 164and the preceding subsections of this sectiondo not give the accused sufficient notice ofthe matter with which he is charged, thecharge shall also contain such particulars ofthe manner in which the alleged offence wascommitted as will be sufficient for thatpurpose.

Illustrations

(o) A is accused of the theft of a certain article at acertain time and place. The charge need not setout the manner in which the theft was effected.

(b) A is accused of cheating B at a given time andplace. The charge must set out the manner inwhich A cheated B.

(c) A is accused of giving false evidence at a giventime and place. The charge must set out thatportion of the evidence given by A which isalleged to be false.

(d) A is accused of obstructing B, a public servant,in the discharge of his public functions at agiven time and place. The charge must set outthe manner in which A obstructed B in thedischarge of his functions.

(e) A is accused of the murder of B at a given timeand place- The charge need not state themanner in which A murdered B.

(f) A is accused of disobeying a direction of the lawwith intent to save B from punishment- Thecharge must set out the disobedience chargedand the law infringed.

166. Any error in stating either the Effect ofoffence or the particulars required to be errors-stated in the charge and any omission tostate the offence or those particulars shallnot be regarded at any stage of the case asmaterial, unless the accused was misled bysuch error or omission.

Illustrations

(a) A is charged under section 237 of the Penal Codewith " having been in possession of counterfeitcoin having known at the time when hebecame possessed thereof that such coin wascounterfeit ", the word " fraudulently " beingomitted in the charge. Unless it appears that Awas in fact misled by this omission the errorshall not be regarded as material.

(b) A, is charged with cheating B and the manner inwhich he cheated B is not set out in the chargeor is set out incorrectly. A defends himself,calls witnesses, and gives his own account ofthe transaction. The court may infer from thisthat the omission to set out the manner of thecheating is not material.

(c) A is charged with cheating B and the manner inwhich he cheated B is not set out in the charge.There were many transactions between A andB, and A had no means of knowing to whichof them the charge referred and offered nodefence. The court may infer from such factsthat the omission to set out the manner of thecheating was in this case material.

167. (1) Any court may alter any Court mayindictment or charge at any time before alter chargejudgment is pronounced or, in the case oftrials before the High Court by a jury.before the verdict of the jury Is relumed,

(2) Every such alteration shali be readand explained to the accused.

(3) The substitution of One charge foranother in an indictment or the addition ofa new charge to an indictment and in aMagistrate's Court the substitution of onecharge for another or the addition of a newcharge shall be deemed to be an alterationof such indictment or charge within themeaning of this section.

What senseto beattached towords usedin describingan offence.

(4) In every charge words used indescribing an offence shall be deemed tohave been used in the sense attached tothem respectively by the law under whichsuch offence is punishable.

168. If the alteration made under section When trial167 is such that proceeding immediately may.

. , , . . . ,., . . , . . ,. proceed onwith the trial is not liktiy in the opinion ot alteredthe court to prejudice the accused in his chargedefence or the prosecutor in the conduct of immediately;

II/118


When newtrial may bedirectedor trialadjourned.

Slay ofproceedingsif prosecu-tion ofoffence inalteredchargerequiresprevioussanction.

Recall ofwitnesseswhenaltered.

the case, the court may in its discretion aftersuch alteration has been made, proceed withthe trial as if the altered indictment orcharge had been the original indictment orcharge.

169. If the alteration made under section167 is such that proceeding immediatelywith the trial is likely in the opinion of thecourt to prejudice the accused or theprosecutor as aforesaid, the court mayeither direct a new trial or adjourn the trialfor such period as may be necessary.

170. If the indictment or charge asaltered under section 167 alleges an offencefor the prosecution of which previoussanction is necessary, the case shall not beproceeded with until such sanction isobtained, unless sanction has been alreadyobtained for a prosecution on the same factsas those on which the altered indictment orcharge is founded.

171. Whenever an indictment or chargeis altered by the court after thecommencement of the trial the prosecutorand the accused shall be allowed to recall orre-summon and examine with reference tosuch alteration any witnesses who may havebeen examined.

fabricated. If the court thinks it probable that A hadsuch knowledge and thai he was misled in his defenceby the omission from the charge of the statement thathe had it, it shall direct a new trial upon an amendedcharge ; but if it appears probable from the proceedingsthat A had no such knowledge it shall quash theconviction.

JOINDER OF CHARGES

173. For every distinct offence of which Separateany person is accused there shall be a charge ofseparate charge and every such charge shall separatebe tried separately except in the cases offencementioned in sections 174, 175, 176 and 180which said sections may be applied eitherseverally or in combination.

Illustration

A is accused of a theft on one occasion and ofcausing grievous hurt on another occasion. A must beseparately charged and separately tried for the theftand the causing grievous hurt.

174. (1) When a person is accused of Threemore offences than one of the same kind offencescommitted within the space of, twelve of samemonths from the first to the last of such kind withinoffences he may be charged with and tried a year mayat one trial for any number of them not be chargedexceeding three, and in trials before the togetherHigh Court such charges may be included inone and the same indictment.

Effect ofmaterialerror.

172. (1) If the Supreme Court or theCourt of Appeal in the exercise of itspowers of appeal or revision is of opinionthat any person convicted of an offence wasmisled in his defence by an error in theindictment or charge, it shall direct a newtrial to be had upon a charge or indictmentframed in whatever manner it thinks fit ormake such other order as the justice of thecase may require.

(2) If such court is of opinion that thefacts of the case are such that any validcharge cannot be preferred against theaccused in respect of the facts proved orwhere the circumstances so warrant, it shallquash the conviction.

Illustration

A is convicted of an offence under section 193 of thePenal Code upon a charge which omits to state that heknew the evidence which he corruptly used orattempted to use as true or genuine was false or

(2) Offences are of the same kind whenthey are punishable with the same amountof punishment under the same section of thePenal Code or of any special or local law.

175. (1) If in one series of acts so Trialforconnected together as to form the same more thantransaction more offences than one are onecommitted by the same person he may be offencecharged with and tried at one trial for everysuch offence, and in trials before the HighCourt such charges may be included in oneand the same indictment.

(2) If the acts alleged constitute an Offenceoffence falling within two or more separate fallingdefinitions of any law in force for the time withinbeing by which offences are defined or definitions.punished the person accused of them maybe charged with and tried at one trial foreach of such offences, and in trials beforethe High Court such charges may beincluded in one and the same indictment.

1 1 / 1 1 9


Actsconstitutingone offencebutconstitutinganotheroffencewhencombined.

(3) If several acts, of which one or more To subsection (2):than one would by itself or themselvesconstitute an offence, constitute whencombined a different offence the personaccused of them may be charged with andtried at one trial for the offence constitutedby such acts when combined and for anyoffence constituted by any one or more ofsuch acts and in trials before the High Courtsuch charges may be included in one and thesame indictment.

(4) Anything contained in this sectionshall not affect section 67 of the PenalCode.

Illustrations

To subsection (1):

(a) A rescues B, a person in lawful custody, and inso doing causes grievous hurt to C, a constablein whose custody B was- A may be chargedwith and tried for offences under sections 220and 324 of the Penal Code.

(b) A has in his possession several seals knowingthem to be counterfeit and intending to usethem for the purpose of committing severalforgeries punishable under section 455 of thePenal Code. A may be separately charged withand convicted of the possession of each sealunder section 461 of the Penal Code.

(c) A with intent to cause injury to B institutes acriminal proceeding against him knowing thatthere is no just or lawful ground for suchproceeding and also falsely accuses B ofhaving committed an offence knowing thatthere is no just or lawful ground for suchaccusation. A may be separately charged withand convicted of two offences under section208 of the Penal Code.

(d) A with intent to cause injury to B falsely accuseshim of having committed an offence knowingthat there is no just or lawful ground for suchaccusation. On the trial A gives false evidenceagainst B intending thereby to cause B to beconvicted of a capital offence. A may beseparately charged with and convicted ofoffences under sections 208 and 191 of thePenal Code.

(e) A with six others commits the offences of rioting,grievous hurt, and assaulting a public servantendeavouring in the discharge of his duty assuch to suppress the riot. A may be separatelycharged with and convicted of offences undersections 144, 316 and 149 of the Penal Code.

(f) A threatens B, C and D at the same time withinjury to their persons with intent to causealarm to them. A may be separately chargedwith and convicted of each of the threeoffences under section 486 of the Penal Code.

(g) A wrongfully strikes B with a cane. A may beseparately charged with and convicted ofoffences under sections 343 and 314 of thePenal Code.

(h) Several stolen sacks of corn arc made over to Aand B, who know they are stolen property, forthe purpose of concealing them. A and Bthereupon voluntarily assist each other toconceal the sacks at the bottom of a grain pit.A and B may be separately charged with andconvicted of offences under sections 394 and396 of the Penal Code.

(i) A exposes her child with the knowledge that sheis thereby likely to cause its death. The childdies in consequence of such exposure. A maybe separately charged with and convicted ofoffences under sections 308 and 297 of theP«nal Code.

(j) A dishonestly uses a forged document as genuineevidence in order to convict B, a publicservant, of an offence under section 163 of thePenal Code. A may be separately charged withand convicted of offences under sections 459(read with 455) and 193 of the same Code,

To subsection (3):

(k) A commits robbery on B and in doing sovoluntarily causes hurt to him. A may beseparately charged with and convicted ofoffences under sections 314, 380 and 382 of thePenal Code.

The separate charges referred to inillustrations (a) to (k) respectively may betried at one trial and included in one andthe same indictment.

176. If a single act or series of acts is of Where itsuch a nature that it is doubtful which of is doubtful what

offence hasseveral offences the facts which can beproved will constitute, the acci'sed may be has beencharged with all or any one or more of such committedoffences and any number of such chargesmay be tried at one trial and in a trial beforethe High Court may be included in one andthe same indictment; or may be chargedwith having committed one of the saidoffences without specifying which one.

Illustration

A is accused of an act which may amount to theft orreceiving stolen property or criminal breach of trust orcheating. He may be charged with theft, receivingstolen property, criminal breach of trust, and cheating,or he may be charged with having committed one ofthe following offences, to wit, theft, receiving stolenproperty, criminal breach of trust, and cheating.

II/120

CODE OF CRIMINAL PROCEDURE [Cap: 26

When apersonchargedwith oneoffencemaybeconvicted ofa differentoffence.

Whenoffenceprovedincluded inoffencecharged.

177. If in the case mentioned in section176 the accused is charged with one offenceand it appears in evidence that hecommitted a different offence for which hemight have been charged under theprovisions of that section, he may beconvicted of the offence which he is shownto have committed although he was notcharged with it.

Illustration

A is charged with theft. It appears that he committedthe offence of criminal breach of trust or that ofreceiving stolen goods. He may be convicted ofcriminal breach of trust or of receiving stolen goods (asthe case may be) 'though he was not charged with suchoffence.

178. (1) When a person is charged withan offence consisting of several particulars acombination of some only of whichconstitutes a complete minor offence andsuch combination is proved but theremaining particulars are not proved he maybe convicted of the minor offence though hewas not charged with such offence.

(2) When a person is charged with anoffence and facts are proved which reduce itto a minor offence he may be convicted ofthe minor offence although he was notcharged with it and although jurisdiction totry such minor offence is exclusively vestedin some other court.

(3) Anything in this section shall not bedeemed to authorize a conviction for anyoffence referred to in section 135 when acomplaint has not been made as required bythat section.

Illustrations .

(a) A is charged under section 390 of the Penal Codewith criminal breach of trust in respect ofproperty entrusted to him as a carrier. Itappears that he did commit criminal breach oftrust under section 389 in respect of theproperty, but thai it was not entrusted to himas a carrier. He may be convicted of criminalbreach of trust under section 389.

(b) A is charged under section 316 of the Penal Codewith causing grievous hurt. He proves that heacted on grave and sudden provocation. Hemay be convicted under section 326 of thatCode.

179. When a person is charged with anoffence and it is proved that he attempted tocommit that offence and that in suchattempt he did an act towards thecommission of that offence he may beconvicted of an attempt to commit thatoffence although he was not charged withsuch attempt:

Convictionof an attemptto commit anoffencethoughattempt isnotseparately .charged.

Provided that anything in this sectionshall not be deemed to authorize theconviction of any person for an attempt tocommit an offence unless an attempt tocommit that offence is made punishable byany written law for the time being in forcein Sri Lanka.

180. When more persons than one areaccused of jointly committing the sameoffence or of different offences committed inthe same transaction or when one person isaccused of committing any offence andanother of abetment of or attempt tocommit such offence, they may be chargedand tried together or separately as the courtthinks fit; and the provisions contained inthe former part of this Chapter shall applyto all such charges.

All personsconcerned incommittingan offencemay bechargedtogether.

Illustrations

(a) A and B are accused of the same murder. A andB may be indicted and tried together for themurder.

.(6) A and B are accused of a robbery in the courseof which A commits a murder with which Bhad nothing to do. A and B may be triedtogether on an indictment charging both ofthem with the robbery and A alone with themurder.

(c) A and B are both charged with a theft and B ischarged with two other thefts committed by 'him in the course of the same transaction. Aand B may be both tried together on a chargecharging both with one theft and B alone withthe other two thefts.

((/) A and B arc accused of being members ofopposing factions in a riot. They should beindicted and tried separately.

(e) A and B are accused of giving false evidence in •the same proceeding. They should be indictedand tried separately.

181. (1) When more charges than one Whenare made against the same person and when convicted on

. . , , , • one chargea conviction has been had on one or more remaining 'of them the officer conducting the charges mayprosecution may with the consent of the be withdrawn

10- II/121


Particularsof case to

be statedto accused.

Admissionof offenceby accused.

court withdraw the remaining charge orcharges or the court of its own accord maystay the inquiry into or trial of such chargeor charges.

(2) Such withdrawal shall have the effectof an acquittal on such charge or chargesunless the conviction be set aside, in whichcase the said court (subject to the order ofthe court setting aside the conviction) mayproceed with the inquiry into or trial of thecharge or charges so withdrawn.

CHAPTER XVII

*THE TRIAL OF CASES WHERE AMAGISTRATE'S COURT HAS POWER TO TRY

SUMMARILY

182. (1) Where the accused is broughtor appears before the court the Magistrateshall if there is sufficient ground forproceeding against the accused, frame acharge against the accused.

(2) The Magistrate shall read such chargeto the accused and ask him if he has anycause to show why he should not beconvicted.

183. (1) If the accused upon beingasked if he has any cause to show why heshould not be convicted makes a statementwhich amounts to an unqualified admissionthat he is'guilty of the offence of which he isaccused, his statement shall be recorded asnearly as possible in the words used by him ;and the Magistrate shall record a verdict ofguilty .and pass sentence upon himaccording to law and shall record suchsentence:

Provided that the accused may with theleave of the Magistrate withdraw his plea ofguilt at any time before sentence is passedupon him, and in that event the Magistrateshall proceed to trial as if a conviction hasnot been entered.

[2) If the accused does not make astatement or makes a statement which doesnot amount to an unqualified admission of

guilt the Magistrate shall ask him if he isready for trial and—

(a) if the accused replies that he is readyfor trial shall proceed to try the casein manner hereinafter provided, but

(b) if the accused replies that he is notready for trial by reason of theabsence of witnesses or otherwisethe Magistrate shall, subject to theprovisions of subsection (3) ofsection 263, either postpone thetrial to a day to be then fixed orproceed forthwith to try the case inmanner hereinafter provided.

But anything herein contained shall notprevent the Magistrate from taking inmanner hereinafter provided the evidence ofthe prosecution and of such of the witnessesfor the defence as may be present, and then,subject to the provisions of subsection (3) ofsection 263 for reasons to be recorded byhim in writing adjourning the trial for a dayto be fixed by him.

184. (1) When the Magistrate proceeds Procedureto try the accused he shall take all such on trialevidence as may be produced for theprosecution or defence respectively.

(2) The accused shall be permitted tocross-examine all witnesses called for theprosecution and. called or recalled by theMagistrate.

(3) The complainant and accused or theirpleaders shall be entitled to open theirrespective cases, but the complainant or hispleader shall not be entitled to make anyobservations in reply upon the evidencegiven by or on behalf of the accused.

185. If the Magistrate after taking the Verdict.evidence for the prosecution and defenceand such further evidence (if any) as he mayof his own motion cause to be producedfinds the accused not guilty, he shallforthwith record a verdict of acquittal. If hefinds the accused guilty he shall forthwithrecord a verdict of guilty and pass sentenceupon him according to law and shall recordsuch sentence.

Trials in a Primary Court shall be held in the manner provided for trials in a Magistrate's Court—See section33 (1) of the Primary Courts' Procedure Act.

II/122


Power ofMagistrateto dischargeaccused atany time.

What tobe donewhendifferentoffencedisclosed incourse ofproceedings.

Accusedmay beacquittedin theabsence ofcomplainant.

186. Anything hereinbefore containedshall not be deemed to prevent a Magistratefrom discharging the accused at anyprevious stage of the case, but he shallrecord his reasons for doing so :

Provided that, if the Magistrate issatisfied, for reasons to be recorded by him,that further proceedings in the case will notresult in the conviction of the accused, heshall acquit the accused.

187. (1) If from the facts admitted orproved it appears that the accused hascommitted an offence within the jurisdictionof the Magistrate to try other than thatspecified in the charge, the Magistrate mayconvict the accused of such offence, butbefore he so convicts he shall frame a chargeand shall read and explain it to the accused,and such of the provisions of Chapter XVIas relate to altered charges shall apply to thecharge framed under this section.

(2) If from the facts admitted or proved itappears that the accused has committed anoffence—

(a) falling within the list of offences setout in the Second Schedule to theJudicature Act, the Magistrate shallnot convict but shall stayproceedings under this Chapter andcommence the proceedings afreshunder Chapter XV ; or

(b) not falling within the list of offencesin that Schedule but still not triablesummarily by him, the Magistrateshall not convict but shall stayproceedings and report the case tothe Attorney-General and thenabide his instructions.

188. (1) If the summons has been issuedon a complaint under section 136 (1) (a)upon the day and hour appointed for theappearance of the accused or at any time towhich the hearing may be adjourned thecomplainant does not appear the Magistrateshall notwithstanding anything hereinbeforecontained acquit the accused unless forsome reason he thinks proper to adjourn thehearing of the case to some other hour orday, and may in addition make an order forpayment by the complainant of State costsas hereinafter provided:

Provided that if the complainant appearsin reasonable time and satisfies theMagistrate that his 'absence was due tosickness, accident or some other cause overwhich he had no control, then theMagistrate shall cancel any order madeunder this subsection.

(2) If the summons has been issued on acomplainant under section 136 (1) (A) or (c)as the case may be, and on the day fixed fortrial the prosecution is not ready the courtmay discharge the accused unless for somereason the court thinks proper to adjournthe hearing of the case to some other houror day.

(3) If the order of discharge referred to insubsection (2) has been made for the secondtime in respect of the same offence, suchorder of discharge shall amount to anacquittal.

189. If a complainant at any time before withdrawaljudgment is given in any case under this of charge byChapter satisfies the Magistrate that there comp lainantare sufficient grounds for permitting him towithdraw the case the Magistrate maypermit him to withdraw the same and shallthereupon acquit the accused, but he shallrecord his reasons for doing so;

Provided, however, that anything hereincontained shall not be taken to extend thepowers of a Magistrate to allow thecompounding of offences under theprovisions of section 266.

190. In any case tried under thisChapter otherwise than upon a complaintunder section 136 (1), paragraphs (a), (c)and (d), the Magistrate may with theprevious sanction of the Attorney-General,for reasons to be recorded by theMagistrate, stop the proceedings at anystage without pronouncing any judgmenteither of acquittal or conviction and maythereupon discharge the accused.

191. (1) Subject to subsection (2) theAttorney-General, the Solicitor-General, aState Counsel or a pleader generally orspecially authorized by the Attorney-General shall be entitled to appear andconduct the prosecution in any case triedunder this Chapter, but in the absence of the

By whomprosecutionunder thisChaptermaybeconducted.

Accused maybedischargedbyMagistratewith sanctionof Attorney-General.

11/123


Trial mayproceed inabsenceof accused.

Attorney-General, the Solicitor-General, aState Counsel and any pleader as aforesaidthe complainant or any officer of anyGovernment Department or any officer ofany Municipality, Urban Council or TownCouncil may appear in person or by pleaderto prosecute in any case in which suchcomplainant or Government Department orMunicipality or Urban Council or TownCouncil is interested:

Provided that in the absence of theAttorney-General, the Solicitor-General, aState Counsel or a pleader generally orspecially authorized by the Attorney-General, the Magistrate may, where anattorney-at-law does not appear for thecomplainant, permit any attorney-at-law toappear and conduct the prosecution onbehalf of the person against whom or inrespect of whom the accused is alleged tohave committed the offence.

(2) If the complaint is one filed underparagraph (a) of subsection (1) of section136, the Attorney-General, Solicitor-General, a State Counsel or pleaderspecially or generally authorized by theAttorney-General shall, except where suchcomplaint has been filed against an officeror employee of the State in respect of amatter connected with or relating to thedischarge of the official duties of suchofficer or employee, not have a right toappear for the complainant without his.consent.

192. (1) Where the accused—

(a) is absconding or has left the Island ;or

(b) is unable to attend or remain in courtby reason of illness and either hadconsented to the commencement orcontinuance of the trial in hisabsence or such trial maycommence and proceed or continuein his absence without prejudice tohim; or

(c) by reason of his conduct in court isobstructing or impeding theprogress of the trial,

(2) Where in the course of or within areasonable time of the conclusion of thetrial of an accused person under paragraph(a) of subsection (1) the accused personappears in court and satisfies the court thathis absence from the whole or part of thetrial was bona fide, then—

(a) where the trial has not beenconcluded, the evidence led againstthe accused up to the time of hisappearance before court shall beread to him and an opportunity

-afforded to him to cross-examinethe witnesses who gave suchevidence; and

(&) where the trial has been concluded,the court shall set aside theconviction and sentence, if any, andorder that the accused be tried denovo.

(3) The provisions of subsection (2) shallnot apply if the accused person had beendefended by an attorney-at-law at the trialduring his absence.

CHAPTER XVIII

TRIALS BY HIGH COURT

A—GENERAL

193. In every trial before the High Court By whomthe prosecution shall be conducted by the trlalsAttorney-General or the Solicitor-General High Courtor a State Counsel or by some pleader to begenerally or specially authorized by the conducted.Attorney-General in that behalf.

194. (1) At any stage of a trial before Attorney-the High Court under this Code before the General may wifhdrawreturn of the verdict the Attorney-General prosecution.may, if he thinks fit, inform the court thathe will not further prosecute the accusedupon the indictment or any charge therein,and thereupon all proceedings on suchindictment or charge as the case may beagainst the accused shall be stayed and he .shall be discharged of and from the same.

the Magistrate may, if satisfied of these (2) The information under this sectionfacts, commence and proceed with the trial may either be oral or in writing under thein the absence of the accused. ' hand of the Attorney-General.

II/I24


Duty ofJudge uponreceipt ofindictment.

(3) The prosecuting counsel may with theconsent of the presiding Judge at any stageof the trial before the return of the verdictwithdraw the indictment or any chargetherein and thereupon atl proceedings onsuch indictment or charge as the case maybe against the accused shall be stayed andhe shall be discharged of and from the same.

195. Upon the indictment being receivedin the High Court, the Judge of the HighCourt presiding at the sessions of the HighCourt holden in the judicial zone whereatthe trial is to be held shall—

(a) cause the accused to appear or to bebrought before him;

(b) cause a copy of the indictment withits annexes to be served on each ofthe accused who will be tried uponthat indictment;

(c) inform the accused of the date oftrial •

B—TRIAL BY JUDGE OF THE HIGH COURTWITHOUT A JURY

Commencement of Trial

196. When the court is ready to Arraignmentcommence the trial the accused shall appear of accused.or be brought before it and the indictmentshall be read and explained to him and heshall be asked whether he is guilty or notguilty of the offence charged.

197. If the accused pleads guilty and it Plea ofappears to the satisfaction of the Judge that guiltyhe rightly comprehends the effect of hisplea, the plea shall be recorded on theindictment and he may be convictedthereon.

198. If the accused does not plead or if Refusal tohe pleads not guilty, he shall be tried. plead or plea if not guilty.

199. (1) The trial shall commence by the Counsel toprosecuting counsel stating his case to the open his

• r*ac» anrl. case and callwitnesses.

court.

(2) The witnesses forshall then be examined.

the prosecution

(d) subject to the provisions of section403 direct the accused to execute abond to appear in court for his trialor by warrant addressed to thesuperintendent of any prisonauthorize the detention of theaccused pending his trial;

(e) cause the accused to be finger-printedand forward the prints to theRegistrar of Finger Prints forexamination and report to theprosecuting State Counsel;

(f) where trial is to be by a jury direct theaccused to elect from which of therespective panels of jurors the juryshall be taken for his trial andinform him that he shall be boundby and may be tried according tothe election so made;

(g) where the accused on being asked bycourt so requests, assign anattorney-at-law for his defence. . -

(3) All statements of the accusedrecorded in the course of the inquiry in theMagistrate's Court, if there had been one,shall be put in and read in evidence beforethe close of the case for the prosecution.

(4) It shall be lawful for the court to callany witnesses not called ,by the prosecutionif the interests of justice so require but suchwitnesses should be tendered for cross- "examination by the prosecuting counsel andby the accused.

(5) The accused shall be permitted tocross-examine all witnesses called for the "prosecution.

200. (1) When the case for the Court mayprosecution is closed, if the Judge wholly acquit,1- -r. .L --i .L. . f ^ withoutdiscredits the evidence on the part of the callingprosecution or is of opinion that such for defence,evidence fails to establish the commission of or ca11 forthe offence charged against the accused in defencethe indictment or of any other offence ofwhich he might be convicted on suchindictment, he shall record a verdict ofacquittal; if however the Judge considers

II/125


Accusedmay makehis defence.

Whenprosecutingcounselentitled tocallwitnessesin rebuttal.

Judge topassjudgment.

Arraignmentof accused.

that there are grounds for proceeding withthe trial he shall call upon the accused forhis defence.

(2) If the accused or his pleaderannounces his intention not to adduceevidence, the prosecuting counsel mayaddress the court a second time in supportof his case for the purpose of summing upthe evidence against the accused.

201. (1) If the accused or his pleaderannounces his intention to adduce evidence,the accused or his pleader may enter uponhis defence and may examine his witnesses(if any) and the accused person or hispleader may then sum up his case.

(2) The prosecuting counsel will beentitled to cross-examine ail the witnessescalled by the defence to testify on oath oraffirmation.

202. If any evidence is adduced onbehalf of the accused the prosecutingcounsel may with the leave of the Judge callwitnesses in rebuttal.

203. When the cases for the prosecutionand defence are concluded, the Judge shallforthwith or within ten days of theconclusion of the trial record a verdict ofacquittal or conviction giving his i-easonstherefor and if the verdict is one of.conviction pass sentence on the accusedaccording to law.

C—TRIAL BY JURY

Commencement of Trial

.204. When the court is ready tocommence the trial the accused shall appearor be brought before it and the indictmentshall be read and explained to him and heshall be asked whether he is guilty or notguilty of the offence charged.

Provided that when the indictment sopleaded to is one of murder the Judge mayrefuse to receive the plea and cause the trialto proceed in like manner as if the accusedperson had pleaded not guilty.

206. If the accused does not plead or if Refusal tohe pleads not guilty or if in the pleadcircumstances set out in the proviso tosection 205, the Judge refuses to receive theplea jurors shall be chosen to try the case ashereinafter provided.

207. If the accused pleads not guilty but Whenstates that he is willing to plead guilty to accusedlesser offence for which he might have been p leads no tconvicted on that indictment and the guilty orprosecuting counsel is willing to accept such is willing

1 I fplea, the Judge may if he thinks that the to pleadinterests of justice will be satisfied by so guilty todoing order such plea of guilt to be a lesserrecorded and may pass judgment thereon offenceaccordingly, and thereupon the accusedshall be discharged of the offence laid in theindictment and such discharge shall amountto an acquittal.

208. (1) The prosecuting counsel or the Specialaccused may apply to the High Court at the jury may be

summoned.sessions where the trial is pending lor anorder requiring a special jury to besummoned to try any case; and the Judgebefore whom such application comes up,shall if he considers Such application justand reasonable make an order accordingly.

(2) Such application except when madeby the Attorney-General, Solicitor-General,or State Counsel, shall be supported byaffidavit.

Choosing a Jury

209. (1) The jury shall consist of seven Number ofpersons jury andquorum for

(2) The verdict returned shall be verdicLunanimous or by a majority of not less thanfive to two.

Plea ofguilty maybe recordedand accusedconvictedthereon.

205. If the accused pleads guilty and itappears to the satisfaction of the Judge thathe rightly comprehends the effect of hisplea, the plea shall be recorded on theindictment and he may be convictedthereon:

210. (1) The jury shall be taken from Empanellingthe panel elected by the accused unless the of jurycourt otherwise directs.

(2) The jury shall be chosen by lot fromthe panel.

II/126


Grounds ofobjection.

(3) As each Juror is chosen his name shallbe called and upon his appearance theaccused shall be asked by the Registrar if heobjects to be tried by such juror.

(4) Objections without grounds statedshall be allowed to the number of two onbehalf of the person or ail the personscharged.

(5) On the suggestion of the prosecutingcounsel without grounds of objection statedany number of jurors called may be orderedby the Judge to stand by until the names ofall the jurors summoned and then availablefor service on the jury have been gonethrough.

(6) If such names have been gone throughwithout a jury having been made up thenames of each of those so ordered to standby shall be called again and the prosecutingcounsel shall be called upon to state theground of objection (if any) under section211.

(7) If there shall not be a sufficientnumber of jurors present unchallenged thetrial shall be adjourned to enable a newpanel of jurors to be summoned.

211. Any objection taken to a Juror onany of the following grounds if made out tothe satisfaction of the court shall beallowed:—

(a) some presumed or actual partiality inthe juror;

(b) some personal ground . such asdeficiency in the qualificationrequired by any law or rule havingthe force of law for the time beingin force;

(c) his executing any duties of police orbeing entrusted with police duties ;

(d) his having been convicted of anyoffence which in the opinion of theJudge renders him unfit to serve onthe jury;

(e) his inability to understand thelanguage of the panel from whichthe jury is drawn;

(/) any other circumstance which in theopinion of the Judge renders himimproper as a juror.

212. (1) Every objection taken to a Decision ofjuror shall be decided by the Judge and such objectiondecision shall be recorded and be final.

(2) If the objection is allowed the place ofsuch juror shall be substituted by any otherjuror chosen in manner provided in this-Chapter.

213. (I) When the jurors have been Foremanchosen the Registrar shall address them in of jurythe following words: '1 Gentlemen of thejury, choose your foreman ", and they shallthereupon proceed to do so.

(2) If a majority of the jury do not withinsuch time as the Judge thinks reasonableagree in the appointment of a foreman heshall be appointed by the Judge.

(3) When the foreman has beenappointed the jurors shall be sworn oraffirmed.

214. The foreman shall preside in the Duties ofdebates of the jury, ask any information foreman-from the Judge that is required by the jury,or any. of the jurors, and deliver the verdictof the jury.

215. If in the course of a trial by jury at Procedureany time before the return of the verdict any wherejuror from any sufficient cause is prevented jurorfrom attending throughout the trial, or if ceases toany juror absents himself and it is not attend, &c.practicable to enforce his attendance or if itappears that any juror is unable tounderstand the language in which theevidence is given or when such evidence isinterpreted the language m which it isinterpreted, the Judge may either order anew juror to be added or discharge the juryand order a new jury to be chosen.

216. The Judge may also discharge the Discharge ofiury whenever the prisoner becomes jury.ln case of sicknessincapable of remaining at the bar and of prisoner.whenever in the opinion of the Judge theinterests of justice so require.

II/127


Registrarto readindictmentto jury.

Opening ofcase forprosecution.

Statementsby prisonerto be put in.

Procedureafterexamination ofwitnesses fortheprosecution.

Defence.

Trial to Close of Case for Prosecutionand Defence

217. As soon as the jury have beensworn the Registrar shall in the hearing ofthe accused read the indictment to the juryand the Judge shall inform them that it istheir duty to listen to the evidence and uponthat evidence to find by their verdictwhether or not the accused is guilty of thecharge, or any of the charges if more thanone, laid against him, in the indictment andmay also direct them briefly on thepresumption of innocence, the burden ofproof and such other principles of law asmay be relevant to the case.

218. The prosecuting counsel shall thenopen his case by stating shortly the natureof the offence charged and the evidence bywhich he proposes to prove the guilt of theaccused and shall examine his witnesses whomay then be cross-examined by the accused

• or his pleader. .

219. All statements of the accusedrecorded in the course of the inquiry if anyin the Magistrate's Court shall be put in andread in evidence before the close of the casefor the prosecution.

220. (1) When the case for theprosecution Is closed, if the Judge considersthat there is no evidence that the accusedcommitted the offence he shall direct thejury to return a verdict of " not guilty ".

(2) If the Judge considers that there isevidence that the accused committed theoffence he shall ask him or his pleader if hemeans to adduce evidence.

(3) If the accused or his pleaderannounces his intention not to adduceevidence 'the prosecuting counsel mayaddress the jury a second time in support ofhis case for the purpose of summing up theevidence against the accused.

221. (I) The accused or his pleader maythen open his case stating the facts or lawon which he intends to rely and makingsuch comments as he thinks necessary onthe evidence for the prosecution. He maythen call his witnesses and after they havegiven evidence may sum up his case.

(2) The prosecuting counsel will beentitled to cross-examine all the witnessescalled by the defence to testify on oath oraffirmation.

222. The accused shall be allowed to Right ofexamine any witness not previously named accused asby him if such witness is in attendance, examination

and summoning of witnesses.

223. The prosecuting counsel may by Witnessesleave of the Judge call witnesses in rebuttal. ln rebuttal.

224. (1) Whenever the Judge thinks that View bythe jury should view the place in which the jury of offence charged is alleged to have been placecommitted or any other place in which any whereother transaction material to the trial is offencealleged to have occurred, the Judge shall committed.make an order to that effect; and the juryshall be conducted in a body under the careof an officer of the court to such placewhich shall be shown to them by a personappointed by the Judge.

(2) Such officer shall not except with thepermission of the Judge suffer any otherperson to speak to or hold anycommunication with any member of thejury; and unless the court otherwise directsthey shall when the view is finished beimmediately conducted back into court.

225. If a juror is personally acquainted When jurorwith any relevant fact it is his duty to may be

. - , , , . . examined.inform the court that such is the casewhereupon he may be sworn and examinedin the same manner as any other witness.

226. If a trial is adjourned the jury shall Jury toattend at the adjourned sitting and every attend onsubsequent sitting until the conclusion of a d j o u r n e dthe trial. sitting

'227. (1) It shall not be necessary in any When jurycase to keep the jury together during any may beadjournment previous to the close of the keptJudge's summing up, but it shall be lawful togetherfor the Judge if it should appear to him tobe advisable in the interests of justice in anytrial to require the jury to be kept togetherduring any adjournment.

II/128


Judge mayallowjurorsrefreshmenl.

Charge lojury.

Duly ofJudge.

(2) Where the jury is allowed to separateduring the course of any trial the jurors maybe first sworn or affirmed not to holdcommunication with any person other thana fellow juror upon the subject of the trialduring such separation.

(3) If any such juror shall hold any suchcommunication with any person other thana fellow juror or if any person other than afellow juror shall hold any suchcommunication with any such juror, suchjuror or person as the case may be shall bedeemed to be guilty of a contempt of courtand shall be punishable accordingly.

228. The Judge may if he thinks fitorder reasonable refreshment to be procuredfor the jury by the Registrar at the publicexpense at any time during which they maybe kept together either before or after theJudge has summed up.

Conclusion of Trial

229. When the case for the defence andthe prosecuting counsel's reply (if any) areconcluded the Judge shall charge the jurysumming up the evidence and laying downthe law by which the jury are to be guided. •

230. It is the duty of the Judge—

(a) to decide all questions of law arisingin the course of the trial andespecially all questions as to therelevancy of facts which it isproposed to prove and theadmissibility of evidence or thepropriety of questions asked by oron behalf of the parties, and in hisdiscretion to prevent the productionof inadmissible evidence whether itis or is not objected to by theparties;

(b) to decide upon the meaning andconstruction.of all documents givenin evidence at the trial;

(c) to decide upon all matters of factwhich it may be necessary to provein order to enable evidence ofparticular matters to be given ;

(d) to decide whether any question whicharises is for himself or for the jury. ,

231. The Judge may if he thinks proper in Judge maythe course of his summing up express to the comment on, . . . o r r question of factjury his opinion upon any question of fact or uponor upon any question of mixed law and fact question ofrelevant to the proceeding, mixed law

' " and fact.

Illustrations

(a) It is proposed to prove a statement made by aperson not being a witness in the case on theground that circumstances are proved whichrender evidence of such statementadmissible.

It is for the Judge and not for the jury to decidewhether the existence of those circumstanceshas been proved.

(&) It is proposed to give secondary evidence of adocument the original of which is alleged tohave been lost or destroyed.

It is the duty of the Judge to decide whether theoriginal has been lost or destroyed.

232. It is the duty of the jury— Duty ofjury-

(a) to decide which view of the facts istrue and then to return the verdictwhich under such view oughtaccording to the direction of theJudge to be returned ;

(b) to determine the meaning of alttechnical terms (other than terms oflaw) and words used in an unusualsense which it may be necessary todetermine whether such wordsoccur in documents or not;

(c) to decide all questions whichaccording to law are to be deemedquestions of fact;

(d) to decide whether general indefiniteexpressions do or do not apply toparticular cases, unless suchexpressions refer to legal procedureor unless their meaning isascertained by law, in either ofwhich cases it is the duty of theJudge to decide their meaning.

II/129

Cap.26] CODE OF C R I M I N A L PROCEDURE

Jury mayretire toconsiderverdict.

When juryready lo giveverdict.

Illustrations

(a) A is tried for the murder of B.

It is (he d u l y of the Judge 10 expla in to the jurythe d i s t inc t ion between m u r d e r and culpablehomicide not a m o u n i i n g 10 murder and 10 telllliem under w h a t view of the fact-. A ought tohe cormcicd of murder or of culpablehomicide nol amount ing to murder or to beacquitted.

I t is the duly of the jury to decide wh ich ^ew ofthe facts is t rue and to re tu rn .1 verdict inaccordance \viih the direction of (he Judge.whether thai dneei io i i Is r ight or wrong and

'whether they do or do not agree w i t h it.

{h} The question is whether a person entertained areasonable belief on ;i part icular pointwhether work was done w i t h reasonable skillor due diligence.

Each of these is a question for the jury,

233. ( I ) After the summing up the jurymay retire to consider their verdict.

(2) If the jury retire they shall becommitted to the charge of an officer of thecourt who shall first take an oath oraffirmation in the prescribed form.

(3) Except with the leave of the Judgeany person other than a member of the juryshall not speak to or hold anycommunication with any member of suchjury.

234. (I) When the jury are ready togive their verdict and are all present theRegistrar shall ask the foreman if they areunanimous.

(2) If the jury are not unanimous theJudge may require them to ret ire for-furtherconsideration.

(3) After such further consideration asthe Judge considers reasonable or if eitherin the first instance the foreman says thatthey are unanimous or the Judge has notrequired them to retire, the Registrar shallsay (the jurors being all present): " Do youfind the accused person (naming him) guiltyor not guilty of the offence (naming it) withwhich he is charged ? ".

(4) On this the foreman shall.^tate whatis the verdict of the jury.

235. (1) Unless otherwise ordered by Verdict to bethe Judge the jury shall return a verdict on given on eachall the charges on which the accused is triedand the Judge may ask them such questionsas are necessary to ascertain what- theirverdict is.

(2) If the Judge does not approve of theverdict returned by the Jury he may directthem to reconsider their verdict, and theverdict given after such reconsideration shallbe deemed to be the true verdict.

236. ( I ) The Registrar shall make anentry of the verdict on the indictment andshall then say to the jury the wordsfollowing or words to the like effect:

En t ry andsigning ofverdict.

" Gentlemen of the j u ry : attendwhilst your foreman signs yourverdict. The finding of you (or of somany of you as the case may be) isthat the prisoner A.B. is guilty" (or" not guilty ").

(2) The foreman shall sign the verdict soentered and the verdict when so entered andsigned, but not before, shall be final.

(3) When by accident or mistake awrong verdict is delivered the jury maybefore it is signed or immediately thereafteramend the verdict.

237. If the jury or the required majorityof them cannot agree the Judge shall afterlapse of such time as he thinks reasonabledischarge them.

Discharge ofjury whenthey cannotagree.

238. If the accused is convicted the Judgment inJudge shall forthwith pass judgment on him case of ,,. , r- J o according to law : convicion .

Provided always that if it appears to theJudge expedient the Judge instead ofpronouncing Judgment may direct that theaccused be released on his entering into abond, with or without sureties and duringsuch period as the Judge may direct, toappear and receive judgment if and whencalled upon and in the meantime to keep thepeace and be of good behaviour.

II/130


Re-trial ofaccused.

Procedure incase ofpreviousconviction.

Trial maybe held inthe absenceof accused.

D—RE-TRIAL OF ACCUSED AFTERDISCHARGE OF JURY

239. (1) Whenever the jury isdischarged the accused shall subject to theprovisions of section 403 be detained incustody or released on bail, as the Judgemay think fit, and tried by another jury.

(2) Every person detained in custodyunder this section shall be so detained bywarrant addressed to the superintendent ofany prison and the provisions of section 264shall apply to every such warrant.

E—PROCEDURE IN CASE OF PREVIOUSCONVICTION

240. ( I ) In the case of a trial where theaccused is charged with an offencecommitted after a previous conviction forany offence the procedure hereinbefore laiddown shall be modified as follows:—

(a) if the accused pleads guilty to or isconvicted of the offence with whichhe is charged he shall then be askedwhether he admits the previousconviction;

(b) if he admits the previous convictionthe Judge may proceed to passjudgment on him accordingly; butif he denies that he has been sopreviously convicted or refuses toor does not answer such questionthe jury or Judge as the case may beshall then inquire concerning suchprevious conviction and in suchcase it shall not be necessary toswear the jurors again.

(2) Notwithstanding anything in' thissection contained evidence of the previousconviction may be given at the.trial for thesubsequent offence, if the fact of theprevious conviction is relevant under anylaw for the time being in force in Sri Lanka.

F—TRIALS IN THE HIGH COURT IN THEABSENCE OF THE ACCUSED

241. (1) Anything to the contrary inthis Code notwithstanding the trial of anyperson on indictment with or without a jurymay commence and proceed or continue inhis absence if the court is satisfied—

(a) that the indictment has been servedon such person and that—

(i) he is absconding or has left theIsland; or

(li) he is unable to attend or remainin court by reason of illnessand has consented to thecommencement or continuanceof the trial in his absence; or

(iii) he is unable to attend or remainin court by reason of illness andin the opinion of the Judgeprejudice will not be caused tohim by the commencement orcontinuance of the trial in hisabsence; or

(iv) by reason of his conduct incourt, he is obstructing orimpeding the progress of thetrial; or

(b) that such person is absconding or hasleft the Island and it has not beenpossible to serve indictment on him.

(2) The commencement or continuanceof a trial under this section, shall not bedeemed or construed to affect or prejudicethe right of such person to be defended byan attorney-at-law at such trial.

(3) Where in the course of or after theconclusion of the trial of an accused personunder sub-paragraph (i) of paragraph (a) ofsubsection (1) or under paragraph (A) ofthat subsection he appears before court andsatisfies the court that his absence irom thewhole or part of the trial was bona fidethen—

(a) where the trial has not beenconcluded, the evidence led againstthe accused up to the time of hisappearance before court shall beread to him and an opportunityafforded to him to cross-examinethe witnesses who gave suchevidence; and

(b) where the trial has been concluded,the court shall set aside theconviction and sentence, if any, andorder that the accused be tried denovo

II/131


Procedurewhere (rial isheld in theabsence ofthe accused.

Power lomakeregulations.

(4) The provisions of subsection (3) shallnot apply if the accused person had beendefended by an attorney-at-law at the trialduring his absence.

242. Trials in the High Court in theabsence of the accused shall proceed asnearly as may be according to the provisionsof this Chapter relating to trials with a juryor without a jury as the case may be.

CHAPTER XIX

OF EXPENSES OF WITNESSES AND OFJURORS

243. (1) The Minister may with theconcurrence of the Minister in charge of thesubject of Finance make regulationsproviding—

(a) for the payment out of theConsolidated Fund of the expensesof persons attending to giveevidence for the prosecution ordefence or called to give evidence atthe instance of the court for theexpense, trouble, or loss of timeproperly incurred in, or incidentalto, the attendance and giving ofevidence in any trial before theHigh Court or on the inquirypreliminary to any such trial andthe conditions on which suchpayments may be allowed ;

(b) for the payment out of theConsolidated Fund of the expensesof persons summoned to serve asjurors in any trial before the HighCourt;

(c) for the persons by whom, and themanner in which, the amounts ofsuch expenses shall be ascertainedand payments made.

(2) Until regulations are made undersubsection (1) the regulations relating to thematters set out in that subsection and inforce on the appointed date shall continueto be applicable and in force,

CHAPTER XX

OF JURORS

244. Subject to the provisions contained Liability toin sections 245 and 246, every person serve as aresiding within Sri Lanka who has attained jurorthe age of twenty-one years and hasobtained a pass at the General Certificate ofEducation (Ordinary Level) Examination orat an equivalent examination in six subjectsincluding Sinhala or Tamil Language, and is inreceipt ot an income of not less than threehundred rupees per month shall be qualifiedand liable to serve as a juror, and every suchperson who is also a graduate of arecognized university or holds an equivalentprofessional qualification shall, in addition,be qualified and liable to serve as a specialjuror.

245. The following persons shall not Personsserve as jurors:— - wh0 shall

- nfht c»r\r»not serveas jurors.

(a) the President of the Republic of SriLanka;

(b) Judges of Courts established underthe law in force ;

(c) Members of Parliament;

(d) representatives of ForeignGovernments;

(e) officers and other employees ofParliament and of Courts and. ofthe Ministry charged with thesubject of Justice;

(f) inquirers appointed under this Code;

(g) attorneys-at-law;

(h) police and customs officers;

(i) priests;

(j) persons employed in the departmentsof the Attorney-General,Commissioner of Prisons andCommissioner of Probation andChild Care Services;

(k) persons who have sufferedimprisonment for a term of onemonth or more;

II/132


Persons whoshall notserve asjurors exceptwith theirown consent.

Exemption andexcuse fromservice onjury.

(I) persons who labour under such bodilyor mental incapacity or profess suchreligious tenets as render them unfitto discharge the duty of a juror.

246. The following persons shall notserve as jurors except with their ownconsent:—

(a) persons serving in the Sri LankaArmy, Navy or Air Force on fullpay or active employment;

(b) persons registered under the law forthe time being in force as medicalpractitioners;

(c) persons duly qualified as dispensers ofdrugs and actually employed assuch;

(d) Registrars and Deputy Registrars ofBirths and Deaths;

(e) persons over the age of sixty years.

247. (I) Any person who has beensummoned to serve on a jury shall beentitled to be exempted from service if hehas served as a juror within twelve monthsfrom the date for which he is summoned ;

Provided—

(a) that the claim for exemption is madeby letter addressed to the Registrarimmediately after such person hasbeen summoned to attend ; and

(b) the court is of opinion that theexemption can be allowed withoutunduly reducing the panel.

(2) Any person whose name is includedin any list may apply in writing to theRegistrar asking to be excused, fromattendance as a juror for a particular periodand stating the grounds on which theapplication is made, and the Judge maymake such order thereon as he may thinkfit.

(3) The Judge may for reasonable causeexcuse any Juror from atten'dance on anyparticular day or days or time of the dayand either unconditionally or on condition

of his serving on some other day or time tobe fixed by the Judge.

248. (1) Every Government Agent shall, Preparationwith respect to each Judicial zone within his of l lsts ofjurisdiction, prepare and maintain lists of personsthe persons, who are qualified and liable to serve asact as jurors or special jurors as the case jurorsmay be, setting forth the names in full,occupation and places of residence of suchjurors and special jurors. Any personrefusing or neglecting to give anyinformation when called upon to do so bythe Government Agent for the. purpose ofpreparing or maintaining such lists, orwilfully giving false information, shall beguilty of an offence and shall be liable onconviction by a Magistrate to a fine notexceeding one hundred rupees.

(2) It shall be competent for theMinister to' direct the consolidation of thelists of two or more judicial zones,

(3) The Government Agent shall,-in themonth of July in every year, forward the listto the Registrar of the High Court.

249. (1) Panels of jurors shall at least Panels oftwo weeks before the commencement of Jurors to besessions and thereafter, from time to time,be prepared by each High Court Judgenominated to preside at the sessions atwhich such jurors are expected to attend inaccordance with such procedure as shall beprescribed by rules. Until rules areprescribed under this section, the rulesrelating to the procedure in force on the dayimmediately preceding the appointed dateshall continue to be in force.

(2) Unless it be unavoidable not morethan one person belonging to or employedin any Government Department, anyCorporation or any mercantile or businessestablishment or on any plantation or estateshall be included in the same panel,

250. (1) Every summons to a juror shall Summonsonbe served on such person at least ten days Jurorsbefore the day on which his attendance isrequired, and may be served by the Fiscal orby registered post or in such other manneras the Judge may direct.

prepared from each list.

II/133


(2) The summons may state that suchjuror need not attend on a particular day,but that he must hold himself in readiness toattend on any day of which he may receivespecial notice.

CHAPTER XXI

GENERAL PROVISIONS AS TO INQUIRIESAND TRIALS

Juror notbound toserve morethan afortnight.

Jurorabsentinghimselfwithoutleave liableto fine.

251. A juror shall not be compellable toserve more than a fortnight unless at theexpiration of the fortnight a trial in whichhe is engaged as a juror is pending and thenonty until the end of such trial,

252. (1) Any person summoned toattend as a juror who without lawful excusefails to attend, or who having attendeddeparts without having obtained thepermission of the court or fails to attendafter an adjournment of the court afterbeing ordered to attend, shall be liable byorder of the Judge to such fine as he thinksfit and in default of payment of such fine toimprisomynt until the fine is paid :

Provided that it shall be lawful for theJudge if he thinks fit to remit any fine soimposed.

255. (1) If for the purpose of anyinquiry or trial in a Magistrate's Court theprosecutor or the accused applies to theMagistrate to issue process to compel theattendance of any witness or the productionof any document or other thing theMagistrate shall issue such process unlessfor reasons to be recorded by him he deemsit unnecessary so to do.

(2) If the Magistrate suspects that processto compel the attendance of any witness isapplied for the purpose of vexation or delayor of defeating the ends of justice he mayrequire the applicant to satisfy him thatthere are reasonable grounds for believingthat evidence of such witness is material,and if he is not so satisfied may refuse tosummon the witness (recording his reasonsfor such refusal) or may before summoninghim require such sum to be deposited as hethinks necessary to defray the expense ofobtaining the attendance of the witness.

Power tocompelattendance ofwitnesses.

No proceedingto beinvalid byreason ofdefect orerror in jurylist or panel.

Specialjury panel.

(2) When any person is so fined in hisabsence the Registrar shall forthwith sendhim a written notice requiring him to paythe fine or to show cause before the courtwithin seven days for not paying the same.

253. Any judgment, sentence, order,verdict, or other proceeding by, of, at, orbefore the High Court and anything done inpursuance of the same shall not be heldinvalid or illegal or be in any way called inquestion by reason of any defect or error inor about the qualification of any juror.

- 254. Whenever an order shall be maderequiring a special jury to be summoned apanel shall be prepared of such number asthe order shall specify from the list ofspecial jurors, and thereupon the Registrarshall summon the persons on such paneland the provisions of this Chapter shallmutatis mutandis so far as the same may beapplicable apply to the preparation of suchpanel and to the summoning and service ofthe special jury.

256. (1) In the case of any offencetriable exclusively by the High Court theMagistrate inquiring into the offence may,after having obtained the Attorney-General's authority so to do, or theAttorney-General himself may, with theview of obtaining the evidence of any personsupposed to have been directly or indirectlyconcerned in or privy to the offence underinquiry, tender a pardon to such person oncondition of his making a full and truedisclosure of the whole of the circumstanceswithin his knowledge relative to suchoffence and to every other person concernedwhether as principal or abettor in thecommission thereof.

(2) Every person accepting a tender underthis section shall be examined as a witnessin the case.

(3) Such person if not on bail shall bedetained in custody until the termination ofthe trial.

Tender ofpardon toaccomplice.

II/134

.CODE OF CRIMINAL PROCEDURE [Cap.26

Power ofAttorney-General todirect tenderof pardon byMagistrate.

Not complyingwithconditionon whichpardon hasbeentendered.

Statement ofpersonpardonedmay begiven inevidenceagainst himat his trial.

Right ofaccused tobe defended.

Appearanceforacorporationin court.

257. The Attorney-General at any stageafter commitment but before judgment ispronounced may, with the view of obtainingon the trial the evidence of any personsupposed to have been directly or indirectlyconcerned in or privy to any such offence, (b)tender or authorize the Magistrate to tendera pardon on the same condition .to suchperson.

refuse such consent, and mayexercise on behalf of the accused allor any of th'e rights of the accused,and

any requirement of this Code thatanything shall be done in thepresence of; or shall be read or saidto, the accused shall be construed asa requirement that such thing shallbe done in the presence Of, or reador said to, such person. /

(3) Where a corporation is notrepresented by any person appointed inaccordance with the provisions ofsubsection (1), the court shall, if the court issatisfied that summons has been served onthe corporation, have the power to proceedwith and conclude the trial notwithstandingthe fact that the corporation is notrepresented at the trial.

262. If the accused though not insanecannot be made to understand theproceedings the Magistrate's Court or theHigh Court as the case may be, mayproceed with the inquiry or trial, and if suchinquiry results in a commitment or if suchtrial results in a conviction the proceedingsshall be forwarded to the Court of Appealwith a report of the circumstances of thecase and the Court of Appeal shall passthereon such order as it thinks fit.

263. (1) If from the absence of a witnessor any other reasonable cause it becomesnecesssary or advisable to postpone thecommencement of or adjourn any inquiry ortrial, the court may from time to time ordera postponement or adjournment on suchterms as it thinks fit for such time as itconsiders reasonable and may remand theaccused if in custody or may commit him tocustody or take bail in his own recognizanceor with sureties for his appearance,

(2) Where the accused has attended thecourt on summons he shall be enlarged onhis own recognizance or on his simpleundertaking to appear, unless for reasons tobe recorded court orders otherwise.

Explanation.—If sufficient evidence has beenobtained to raise a reasonable suspicion thatthe accused may have committed an offenceand it is likely that further evidence will beobtained by a remand, this is a reasonablecause for a remand.

258. Where a pardon has been tenderedunder either of the last two precedingsections and any person who has acceptedsuch tender has either by wilfully concealinganything essential or by giving falseevidence not complied with the condition onwhich the tender was made, he may be triedfor the offence in respect of which thepardon was so tendered or for any otheroffence of which he appears to have beenguilty in connection with the same matter.

259. (1) The statement made by aperson who has accepted a tender of pardonmay be given in evidence against him when

he is tried as stated in section 258.

(2) A prosecution for the offence ofgiving false evidence in respect of suchstatement shall not be entertained withoutthe sanction of the Attorney-General.

260. Subject to the provisions of thisCode and any written law every personaccused before any criminal court may ofright be defended by an attorney-at-law, andevery aggrieved party shall have the rightto be represented in court by anattorney-at-law.

261. (1) At any trial in any court inwhich a corporation is the accused, thecorporation may be represented by themanaging director, the secretary, or a likeofficer of the corporation or by a personappointed in writing as the representative ofthe corporation by the managing director.

(2) Where a corporation is represented byany person appointed in accordance withthe provisions of subsection (1)—

(a) such person may answer to the chargeagainst the accused and may, wherethe consent of the accused isrequired for any purpose, give or

II/135

Procedurewhereaccused whois not insanedoes notunderstandproceedings.

Power topostponeor adjournproceedings.


Procedureon issue ofwarrants ofcommitment,&c.

(3) An inquiry or trial in a Magistrate'sCourt shall not be postponed or adjournedon the ground of the absence of a witnessunless the Magistrate has first satisfiedhimself that the evidence of such witness ismaterial to the inquiry or trial and thatreasonable efforts have been made to securehis attendance, and has recorded the nameof such witness and the nature of theevidence which he is expected to give.

(4) Every person remanded or committedto custody under this section shall be soremanded or committed by warrantaddressed to the superintendent of a prisonand the provisions of section 264 shall applyto every such warrant.

264. (1) Every warrant of detention,commitment or remand issued under section115, section 159, section 239 or section 263shall be in the prescribed form and shall besigned by the Judge and such warrant shallbe delivered to an officer of the PrisonsDepartment. Such officer shall upon receiptthereof take charge of the person namedtherein and deliver him into the custody ofthe superintendent of the prison namedtherein, and the said warrant shall be fullauthority to the said officer of the PrisonsDepartment for so doing and for detainingthe said person for the purpose.

(2) The said superintendent shall, upondelivery to him as aforesaid of the personnamed in the warrant, detain him and keephim safely in custody on behalf of the courtmaking the detention, commitment orremand for such time as may be specified bythe warrant, and shall otherwise complywith the terms of the warrant and also withany order lawfully issued to him by anycourt with respect to such person.

265. (1) The warrant referred to insection 264 shall be full authority to thesuperintendent of the prison for thedetention and custody of such person.

(2) A copy of the warrant under the handof the Judge shall be filed of record in thecase.

266. (1) The offences described in the Compoundingfirst and second columns of the table offences-following may, when a prosecution for suchoffence is not pending in the Magistrate'sCourt, be compounded by the personmentioned in the corresponding entries in thethird column of that table and when aprosecution is pending in a Magistrate'sCourt be compounded by that person withthe consent of the Magistrate of that court.

Warrantshall befull authoritytosuperintendentof prison.

TABLE

OffenceSections ofPenal Codeapplicable

Persons by whomoffences may be

compounded

Affray 157 The persons involved in theaffray.

Voluntarily causing hurt .. .. 314,315.325 '

Voluntarily causing grievous hurl or grievous hurton provocation • • .. 316,326

Causing hurt by an act which endangers life or the personal safety of others - - ... , 328

Causing grievous hurt by an act which endangerslife or the personal safety of others .. 329

The person to whom hurtis caused.

Wrongfully restraining or confining any person .. 332,333 The person restrained orconfined.

Assault or use of criminal force • .. 343,346,348,349

Dishonest misappropriation of property where theloss is to a private person .. 386

II/136

The person assaulted or on' whom criminal force is

used.

The person to whom the losshas been caused,


OffenceSections ofPenal Codeapplicable

Persons by whomoffences may be

compounded

Mischief, when the only loss or damage caused is toa private person

Mischief by killing or maiming any animal of thevalue of ten rupees where the loss is to a privateperson

Mischief by killing or maiming cattle, etc. where theloss is to a private person • . '

Criminal trespassHouse trespass

Defamation , .Printing or engraving matter knowing it to be

defamatorySale of printed or engraved substance containing

defamatory matter, knowing it to contain suchmatter

Insult intended to provoke breach of the peace

Criminal intimidation

409,410

411

412.

433 The person in possession434 of the property.

480'

. 481

482.

484 • • . The person insulted.486 ,. The person intimidated.

The person to whom theloss is caused.

The person defamed.

Change ofMagistrateduringhearing orinquiry.

(2) When any offence is compoundableunder this section the abetment of suchoffence or an attempt to commit suchoffence (when such attempt is itself anoffence) may be compounded in likemanner.

(3) When the person who wouldotherwise be competent to compound anoffence under this section is a minor, anidiot, or a person of unsound mind, anyperson competent to contract on his behalfmay compound such offence.

(4) The compounding of an offenceunder this section shall have the effect of anacquittal of the accused.

(5) Any offence not described in thissection shall not be compounded.

267. Whenever any Magistrate after-having heard and recorded the whole or anypart of the evidence in an inquiry or a trialceases to exercise jurisdiction therein and issucceeded by another Magistrate who hasand who exercises such jurisdiction, theMagistrate so succeeding may act on theevidence so recorded by his predecessor orpartly recorded by his predecessor andpartly recorded by himself or he may re-summon the witnesses and re-commence theinquiry or trial:

any trial the accusedsecond Magistrate

Provided that inmay when thecommences his proceedings demand that thewitnesses or any of them be re-summonedand re-heard.

268. The Supreme Court or the Court ofAppeal may, whether there be an appeal ornot, set aside any conviction had onevidence not wholly recorded by theMagistrate before whom the conviction washad, if such court is of opinion that theaccused has been materially prejudicedthereby, and may order a new trial.

269. (1) Any person attending acriminal court although not under arrest orupon a summons may be detained by suchcourt for the purpose of inquiry into or trialfor any offence of which such court can takecognizance and which from the evidence hemay appear to have committed and may beproceeded against as though he had beenarrested or summoned.

(2) When the detention takes place inthe course of an inquiry under Chapter XVor after a trial has been begun theproceedings in respect of such person shallbe commenced afresh and the witnessesre-heard.

270. Any proceeding of any criminalcourt and any inquiry shall not be invalid byreason only of its being held on a publicholiday.

271. (1) At every trial if and when thecourt calls upon the accused for his defenceit shall, if he is not represented by a pleader,inform him of his right to give evidence onhis own behalf and if he elects to giveevidence on his own behalf shall call hisattention to the principal points in the

SupremeCourt orCourt ofAppeal mayset asideconvictionwhere materialprejudice iscaused.

Detention ofoffendersattendingcourt.

Proceedingsmay be hadon publicholidays.

Case forprosecutionto beexplained bycourt toaccused, if heis notrepresented bya pleader.

11- 11/137


Evidence tobe taken inpresence ofaccused.

Howevidence tobe takendown. ,

evidence for the prosecution which tellagainst him in order that he may have anopportunity of explaining them.

^. s

(2) At every trial whether evidence iscalled by the accused or not, the accusedshall have the right of reply.

(3) The failure at any trial of anyaccused, or the husband or wife as the casemay be of any accused, to give evidenceshall riot be made the subject of adversecriticism by the prosecution.

CHAPTER XXII

OF THE MODE OF TAKING ANDRECORDING EVIDENCE IN INQUIRIES AND

TRIALS

272. Except as otherwise expresslyprovided all evidence taken at inquiries ortrials under this Code shall be" taken in thepresence of the accused or when hispersonal attendance is dispensed with in thepresence of his pleader.

273. (1) In the High Court andMagistrates' Courts, the evidence of eachwitness shall be taken down in writing bythe Judge or in his presence and hearing andunder his personal direction andsuperintendence and shall be signed anddated by the Judge and where the evidenceis taken at an inquiry shall also be signedby the interpreter if any who shall have beenemployed.

(2) The evidence shall not ordinarily betaken down in the form of question andanswer but in the form of a narrative, butthe Judge may in his discretion take downany particular question and answer;

Provided however that in the High Courtthe evidence shall be taken down in questionand answer.

(3) For the identification of witnessesthe following particulars shall be recordedas to each, namely—

(a) full name,

(b) if a married woman, the name of thehusband,

(c) age,

(d) occupation,

(e) place of residence,

(f) if a foreigner his nationality.

(4) Every Judge recording the evidence ofa witness may record such remarks as hethinks material respecting the demeanour ofsuch witness whilst under examination.

274. (1) As the evidence of each witnesstaken at an inquiry is completed or at sometime before commitment it shall be readover to the witness by the Magistrate in thepresence of the accused person if -inattendance or of his pleader if he appears bypleader, and shall if necessary be corrected.

(2) If the witness denies the correctness ofany part of the evidence when read overto h im the Magistrate may insteadof correct ing the evidence make amemorandum thereon of the objectionmade to it by the witness and shall add suchremarks as he thinks necessary.

(3) If the witness does not understand thelanguage in which the evidence has beenrecorded such evidence shall be interpretedto him in the language in which it was given.

(4) When the evidence has been read overto the witness and every correction, if anyasked for by him, has been made or notedthe witness shall subscribe the depositionwith his signature, and in the event of hisrefusing to do so the Magistrate shall recordsuch refusal.

(5) When a deposition has been read overto a witness and acknowledged to becorrec.t, the Magistrate shall append to theevidence of the witness a certificate, signedwith his signature or initials to the followingeffect, that is to say—

(a) in the case of a witness who gaveevidence in the language in whichthe record is kept: " Read over tothe witness in open court in thepresence of the accused andadmitted by the witness to becorrect ", and

Procedure inregard tosuch evidencewhencompleted.

Certificationsof depositionsbyMagistrates.

II/138


Interpretationof evidenceto accused.

Documentai yevidence,

(b) in the case of other witnesses: " Readover and interpreted to the witnessin open court in the presence of theaccused and admitted by thewitness to be correct".

(6) In the case of depositions recorded inthe absence of the accused the words '* inthe presence of the accused " shall bedeleted from the certificate referred to insubsection (5).

(7) The absence of such a certificate in adeposition shall not be a bar to thedeposition being received in evidence in anycase in which it is desired to tender thedeposition in evidence if it is proved byother evidence that the other requirementsof the section were in fact complied with.

275. (1) Whenever any evidence is givenin a language not understood by the accusedand he is present in person and notrepresented by an attorney-at-law it shall beinterpreted to him in open court in alanguage understood by him.

(2) When documents are put in for thepurpose of formal proof it shall be in thediscretion of the court to cause only somuch thereof as appears necessary to beinterpreted.

276. (1) On every inquiry and trial in aMagistrate's Court all documentaryevidence shall be filed in the record andinitialled by the Magistrate and dated withthe date of its receipt by him,

(2) Where any document is not in thelanguage of the court there shall be filedwith it a translation of such document or ofso much thereof as is material, in thelanguage of the court.

(3) It shall be lawful for a Judge torequire any document to be translated into alanguage with which he is familiar.

(4) When any documentary evidence is ofsuch a nature, that .it is impracticable orinconvenient to file the same in the recordthe Magistrate may after initialling it for thepurpose of identification return the same to

Howstatement orexaminationof accusedshall berecorded.

the person producing it, who shall be legallybound to produce it again before the courtof trial, but the Magistrate shall in that casecause a copy to be made of such part orportion of the document as is relevant andfiled with the record.

277. (1) Whenever in the course of aninquiry under Chapter XV, an accusedmakes a statement to a Magistrate thewhole of such statement shall be recorded infull and such record shall be shown or readto him or if he does not understand thelanguage in which it is written shall beinterpreted to him in a language heunderstands and he shall be at liberty toexplain or add to his statement.

(2) When the whole is made conformableto what, he declares is the truth the recordshall be signed by the Magistrate, who shallcertify under his own hand that it was takenin his presence and in his hearing andcontains accurately the whole of thestatement of the accused.

(3) The accused shall sign or attest by hismark such statement, and in the event ofhis refusing to do so the Magistrate shallrecord such refusal.

278. In cases tried before the HighCourt the presiding Judge shall take orcause to be taken in writing notes of theevidence.

CHAPTER XXIII

OF THE JUDGMENT

279.* The Judgment in every trial under Mode ofthis Code shall be pronounced in open court delivering

, . , / . . r • . J judgment.immediately after the verdict is recorded orsave as provided in section 203 at somesubsequent time of which due notice shall begiven to the parties or their pleaders, andthe accused shall if in custody be brought up ,or if not in custody shall be required to '\attend to hear Judgment delivered exceptwhen his personal attendance during thetrial has been dispensed with and thesentence is one of fine only or when he hasbeen absent at the trial.

PresidingJudge totake orcause to betaken notesof evidence.

* Sections 279 and 283 shall apply to every judgment of a Primary Court—See section 33 (2) of the PrimaryCourts' Procedure Act.

II/139


Allocutus.

Punishmentof detentionin lieu ofdeath forthe personsunder eighteenyears ofage.

Procedurewhere awomanconvictedof acapitaloffenceallegespregnancy.

280. In the High Court before judgmentof death is pronounced the accused shall beasked whether he has anything to say whyjudgment of death should not bepronounced against him.

281. Where any person convicted of anoffence punishable with death, appears tothe court to be under the age of eighteenyears, the court shall pronounce on thatperson in lieu of the sentence of death thesentence provided by section 53 of the Penal

282. (I) Where a woman convicted ofan offence punishable with death allegesthat she is pregnant, or where the courtbefore whom a woman is so convictedthinks it expedient that the questionwhether or not the woman is pregnantshould be determined, such question shall,before sentence is passed on her, bedetermined—

(a) if the woman is convicted after trial atBar by three Judges of the HighCourt without a jury, by thoseJudges;or

(6) if the woman is convicted after trialby jury, by the jury who returnedthe verdict of guilty, and themembers of such jury need not bere-sworn.

(2) In cases falling under paragraph (b) ofsubsection (1)—

(a) if after the conviction of the womanand before the jury return a verdicton the question whether the womanis or is not pregnant, any juror isfrom any sufficient cause preventedfrom attending throughout theinquiry, or if any juror absentshimself and it is not practicable toenforce his attendance, or if itappears that any juror is unable tounderstand the language in whichthe evidence is given or when suchevidence is interpreted the languagein which it is interpreted, the courtmay either order a new juror to beadded or discharge the jury andorder a new jury to be chosen.

.(6) if the jury are not able, eitherunanimously, or by a majority ofnot less than five to two, to agreeupon the question to be determinedor if in the opinion of the court theinterests of justice so require, thecourt may discharge the jury andorder a new jury to be chosen;

(c) where the court orders a new jury tobe chosen under paragraph (a) orparagraph (b) of this subsection,such jury shall be constituted in likemanner as the jury chosen for atrial and every such jury, and everynew juror added under paragraph(a) of this subsection, shall besworn in such manner as the courtmay direct.

(3) The question whether the woman ispregnant or not shall be determined by theJudges or by the jury, as the case may be,on such evidence as may be laid before themeither on the part of the woman or on thepart of the prosecution, and the Judges orthe jury, as the case may be, shall find thatthe woman is not pregnant unless it isproved affirmatively to their satisfactionthat she is pregnant.

(4) If the finding is that the woman ispregnant, the court shall pronounce on herin lieu of the sentence of death a sentence ofimprisonment as provided by section 54 ofthe Penal Code.

283.* The following provisions shallapply to the judgments of courts other thanthe Supreme Court or Court of Appeal :—

(1) The judgment shall be written by the.Judge who heard the case and shall be datedand signed by him in open court at the timeof pronouncing it, and in case where appeallies shall contain the point or points fordetermination, the decision thereon,and thereasons for the decision

(2) It shall specify the offence if any ofwhich and the section of the law underwhich the accused is convicted and thepunishment to which he is sentenced.

Punishment ofimprisonmentin lieu ofdeath forpregnantwoman.

Judgments ofcourts otherthan SupremeCourt or Courtof Appeal.

* Sections 279 and 283 shall apply to every judgment of a Primary Court—-See section 33 (2) of the PrimaryCourts' Procedure Act.

II/140


Judgment inalternative.

Sentenceof deathandwhipping.

Provisions asto executionofsentencesof death.

(3) If it be a Judgment of acquittal it shallstate the offence of which the accused isacquitted.

(4) When a judgment has been so signedit cannot be altered or reviewed by the courtwhich gives such judgment:

Provided that a clerical error may berectified at any time and that any othererror may be rectified at any time before thecourt rises for the day.

(5) The judgment shall be explained tothe accused affected thereby and a copythereof shall be given to him without delayif he applies for it.

(6) The original shall be filed with therecord of proceedings.

284. When the conviction is under thePenal Code and it is doubtful under whichof two sections or under, which of two partsof the same section of that Code the offencefalls the court shall distinctly express thesame and pass judgment in the alternative.

285. (1) When a person is sentenced todeath the sentence shall direct that he behanged by the neck till he is dead on a dayand at a place, decided upon by thePresident.

(2) When a person is sentenced towhipping the judgment shall state whetherhe is above or under sixteen years of ageand shall specify the number of lashes orstrokes to be inflicted, such number in nocase to exceed twenty-four.

CHAPTER XXIV

OF SENTENCES AND THE CARRYING OUT _THEREOF

286. With regard to sentences of deaththe following provisions shall take effect;—

(a) after sentence has been pronounced awarrant shall be made out andsigned by the Judge who passed thesentence or by his colleague orsuccessor in office for the

c o m m i t m e n t of the person

sentenced to the custody of thesuperintendent of a prison. Everysuch warrant shall be addressed tothe superintendent of the prison inwhich the convict is to be keptpending execution of sentence andthe provisions of section 290 shallapply to every such warrant;

(b) so soon as conveniently may be aftersentence of death has been

. pronounced the Judge of the HighCourt who presided at the trial orin case of his absence or inabilityhis colleague or successor in officeshall forward to the President thenotes of evidence made by theJudge at the trial with a report inwriting signed by him setting outhis opinion whether there are anyand what reasons why the sentenceof death should or should not becarried out;

(c) the President after considering thesaid report shall inform the HighCourt of any order he may havemade thereon;

&

(d) the President may order a respite ofthe execution of the warrant orappoint a date and time and placefor its execution;

(e) (i) there sh'all be present at theexecution of the sentence, thesuperintendent or a jailer of theprison, the medical officer of theprison and such other officers ofthe prison as the superintendentor jailer as the case may be»requires and if the executiontakes place within the walls ofthe prison there may also bepresent any minister of religionin attendance at the prison andsuch relations of the prisoneror o t h e r pe r sons as thesuperintendent of the prisonthinks proper to admit;

(ii) as soon as may be after judgmentof death has been executed themedical officer of the prisonshall examine the body of theperson executed and shall

II/141


Executionof senlencasof HighCourtother thansentenceof death.

ascertain the fact of death andshall sign a certificate thereofand deliver the same to thesuperintendent of the prison;

(iii) a Magistrate of the division inwhich the place of execution wassituate shall within Twenty-fourhours after the execution inquireinto and satisfy himself of theidentity of the body and whetherjudgment of death was dulyexecuted thereon and he shallmake a report in duplicate. Oneof the originals shall beforwarded to and filed in theHigh Court and the other shallbe forwarded to and filed in theoffice of the Minister;

(f) When a sentence of death cannot beexecuted owing to the absenceduring the trial or escape of theperson sentenced to death executionof such sentence shall be carriedinto effect at such other time afterhis capture or recapture as the casemay be as the President shall order;

(g) any omission or error as to time andplace and any defect in form in anyorder or warrant given under thissection and any omission to complywith the provisions of paragraph (e)shall not be held to render illegalany execution carried into effectunder such order or warrant orintended so to have been carriedinto effect, nor to render anyexecution illegal which wouldotherwise have been legal.

In this section and in section 288 theexpression " President" shall mean thePresident of the Republic of Sri Lanka.

287. With regard to sentences passed bythe High Court other than sentence of deaththe following provisions shall take effect:—

(a) as soon as conveniently may be afterthe sentence has been pronouncedthe Registrar shall make out awarrant of commitment which shall

be signed by the Judge who passedsentence or a colleague of his or hissuccessor in office and dated of theday when sentence was passed ;

(b) every such warrant shall be in theprescribed form and shall beaddressed to the superintendent ofany prison and the provisions ofsection 290 shall apply to everysuch w.arrant.

288. When any person has , beensentenced under section 53 of the PenalCode to be detained during the President'spleasure he shall, notwithstanding anyenactment to the contrary, be liable to bedetained in such place and under suchconditions as the President may from timeto time direct, and whilst so detained shallbe deemed to be in legal custody.

289.* With regard to sentences passedby courts other than the Supreme Court,Court of Appeal and High Court thefollowing provisions shall take effect:—

(a) where the accused is sentenced toimprisonment the court passing thesentence shall forthwith make out awarrant signed by the Judge or hiscolleague or his successor in officeand dated of the day when thesentence was passed;

(6) every such warrant shall be in theprescribed form and shall beaddressed to the superintendent ofany prison and the provisions ofsection 290 shall apply to everysuch warrant.

290.* '(1) Every such warrant as isreferred to in section 286, section 287, orsection 289 shall be delivered in theprescribed form to an officer of the PrisonsDepartment. Such officer shall upon receiptthereof take charge of the person namedtherein, and deliver him into the custody ofthe superintendent of the prison namedtherein, together with the warrant under thehand of the Judge, and the said warrantshall be full authority for detaining the saidperson for the purpose, and for carryinghim to the prison specified in the warrant.

Execution ofsentencesunder section53 of thePenal Code.

Execution ofsentence ofcourts otherthan theSupreme Courtor Court ofAppeal orHigh Court.

Procedure onissue ofwarrants undersections 286,287 and 289.

Sections 289 and 290 shall apply to every sentence of imprisonment passed by a Primary Court.—See section33 (2) of the Primary Courts' Procedure Act.

II/142


Provisionsas tosentencesof fines.

(2) The said superintendent shall, upoidelivery to him as aforesaid of the personnamed in the warrant, detain him and keephim safely in custody until the sentence hasbeen carried into execution, and shallotherwise comply with the terms of thewarrant and with any order lawfully issuedto him by any court with respect to suchperson.

(3) The warrant aforesaid shall be fullauthority to the superintendent for suchdetention and custody and for carrying thesentence into execution.

(4) A copy of the warrant under the handof the Judge shall be filed of record in thecase.

(5) Anything in this section shall notaffect the provisions of this Code relating tothe execution of sentences of whipping.

291. (1) Where any fine is imposedunder the authority of any law for the timebeing in force, then in the absence of anyexpress provision relating to such fine insuch law contained the provisions followingshall apply, that is to say:—

(a) where a sum is not expressed to whichthe fine may extend the amount towhich the offender is liable isunlimitted but shall not beexcessive;

(b) in every case of an offence punishablewith imprisonment as well as fine inwhich the offender is sentenced to afine, whether with or withoutimprisonment, and in every case ofan offence punishable with fine onlyin which the offender is sentencedto a fine, the court passing thesentence may in its discretion directby the sentence that in default ofpayment of the fine the offendershall suffer imprisonment for acertain term, which imprisonmentshall be in excess of any otherimprisonment to which he mayhave been sentenced or to which hemay be liable under a commutationof a sentence;

(c) notwithstanding the provisions ofparagraph (A), where the fine towhich the offender is sentenceddoes not exceed ten rupees, thecourt shall not impose a term ofimprisonment in default of paymentof the fine, but may make order asprovided in section 15 (2);

(d) the term for which the court directsthe offender to be imprisoned indefault of payment of a fine shallnot exceed one-fourth of the termof -imprisonment which is themaximum fixed for the offence ifthe offence be punishable withimprisonment as well as fine ;

(e) the imprisonment which the courtimposes in default of payment of afine may be of any description towhich the offender might have beensentenced for the offence ; if theoffence be punishable with fineonly, the imprisonment shall besimple;

(f) if the offence is not punishable withimprisonment the terms for whichthe court directs the offender to beimprisoned in default of payment offine shall not exceed the followingscale, that is to say:—

(i) for a term of seven days wherethe 'amount of the fine exceedsten rupees but does not exceedtwenty-five rupees;

(ii) for any term not exceeding,,fourteen days where the amountof the fine exceeds twenty-five 'rupees but does not exceed fiftyrupees;

(iii) for any term not exceeding three -months where the amount of thefine exceeds fifty rupees but doesnot exceed one hundred rupees;

(iv) for any term not exceeding sixmonths where the amount of thefine exceeds -one hundredrupees;

II/143

cap.26] CODE OF CRIMINAL PROCEDURE

(g) the imprisonment which is imposed indefault of payment of a fine shallterminate whenever that fine iseither paid or by process of lawlevied;

(h) if before the expiration of the term ofimprisonment fixed in default ofpayment such a proportion of thefine be paid or levied that the termof imprisonment suffered in defaultof payment is not less thanproportional to the part of the finestill unpaid, the imprisonment shallterminate;

(i) the fine or any part thereof whichremains unpaid may be levied atany time within six years after thepassing of the sentence, and ifunder the sentence the offender beliable to imprisonment for a longerperiod than six years then at anytime previous to the expiration ofthat period, and the death of theoffender does not discharge fromthe liability any property whichwould after his death be legallyliable for his debts.

(2) Whenever an offender is sentenced topay a fine under the authority of any law forthe time being in force the court passing thesentence may in its discretion issue awarrant for the levy of the amount bydistress and sale of any movable propertybelonging to the offender although thesentence directs that in default of paymentof the fine the offender shall be imprisoned.Such warrant shall be addressed to theFiscal of the court and may be executed atany place in Sri Lanka but if it is requiredto be executed outside the jurisdictionof the court by which it was issued it shallbe endorsed by a Magistrate havingjurisdiction where it is to be so executed.

(3) The wearing apparel of an offenderand his family and, to the value of twohundred and fifty rupees the tools andimplements of his trade, including thereinseed grain, shall not be taken under awarrant of distress.

(4) Where an offender has been sentencedto fine only and to imprisonment in default

of the fine, the court may do all or any ofthe following things:—

(a) allow time for the payment of the saidfine,

(b) direct payment to be made of the saidfine by instalments,

(c) direct that the person liable to pay thesaid fine shall be at liberty to giveto the satisfaction of the court abond, with or without a surety orsureties, for the payment of the saidfine or any instalment thereof, andsuch bond may be given andenforced in manner provided bythis Code.

(5) When a fine is directed to be paid byinstalments, and default. is made in thepayment of any one instalment, the sameproceedings may be taken as if default hadbeen made in payment of alt the instalmentsthen remaining unpaid.

292. When an offender has beensentenced to fine only and to imprisonmentin default of payment of the fine and thecourt issues a warrant under section 291 itmay suspend the execution of the sentenceof imprisonment and may release theoffender on his executing a bond with orwithout sureties as the court thinks fitconditioned for his appearance before suchcourt on the day appointed for the return tosuch warrant, such day not being more thanfifteen days from the time of executing thebond ; and on that day in the event of thefine not having been paid or realized thecourt may direct the sentence ofimprisonment to be forthwith carried intoexecution:

Provided that where the fine is imposedby the. High Court the bond may beconditioned for the appearance of theoffender before a Magistrate's Court thereinnamed and such Magistrate's Court shall onthe day of appearance, if the fine shall nothave been paid or realized, direct thesentence of imprisonment to be forthwithcarried into execution.

293. Every warrant for the execution of Who mayany sentence may be issued by the Judge lssuewho passed the sentence or by his colleagueor successor in office.

Execution ofsentence maybe suspendedon executionof bond byoffender.

II/144

CODE OF CRIMINAL PROCEDURE [cap.26

When andwhere sentenceof whippingto beexecuted.

Whipping notlobeinflicteduntil afterfourteendays.

Whipping notlobeinflictedunlessmedicalofficercertifies thatoffender isin a fitstate ofhealth.

Whensentence ofwhippingcannot becarried outoffendermaybedischarged.

294. (1) When the accused is sentencedto whipping the sentence shall, subject tothe other provisions of this Chapter, beexecuted at such time and place as the courtmay direct.

(2) Such whipping .shall in the case ofpersons above sixteen years of age beinflicted in the presence of a medical officerwith a cane or rattan or other implement ofsuch description and in such manner as thecourt may direct, and in the case of personsunder sixteen years of age shall be inflictedwith a light cane.

295. (1) When the accused is sentencedto whipping, • the sentence shall not becarried out until after the expiration offourteen days from the date of thepronouncement thereof, or (if an appeal ispresented within that time) until the order ofthe Court of Appeal or Supreme Court shallhave been notified to the accused, and theexecution of the sentence shall be subject tothe terms of such order.

(2) Subject to the provisions ofsubsection (1) of this section and to theprovisions of section 294 (1), the whippingshall be inflicted as soon as practicable afterthe order.

(3) This section shall not apply tosentences of whipping passed on maleoffenders under sixteen years of age.

296. (1) The punishment of whippingshall not be inflicted unless the medicalofficer certifies that the offender is in a fitstate of health to undergo the punishment.

(2) If during the execution of a sentenceof whipping the medical officer certifies thatthe offender is not in a fit state of health toundergo the remainder of the punishmentthe whipping shall be finally stopped.

297. (1) In any case in which undersection 296 a sentence of whipping is whollyor partially prevented from being carriedinto execution the offender shall be kept incustody till the court which passed thesentence can review it; and the said courtmay at its discretion either order thedischarge of such offender or sentence himin lieu of whipping or in lieu of so much of

the sentence of whipping as was not carriedout to imprisonment for any term notexceeding that which the court is competentto inflict which may be in addition to anyother punishment to which he may havebeen sentenced for the same offence.

(2) Anything in this section shall not bedeemed to authorize any court to inflictimprisonment for a term exceeding that towhich the accused is liable by law or thatwhich the said court is competent to inflict.

298. Whenever a male offender under Whipping ofsixteen years of age is sentenced by any juvenile

. . . , i • • , ,, offenderscourt to whipping, such whipping shall not under sixteenexceed six strokes with a light cane and years of age.shall be inflicted forthwith in the presence ofthe court, and if the parent of the offenderdesires to be present, in his presence.

A medical officer need not be present,but such whipping shall not be inflictedunless it appears to the court that theoffender is in a fit state of health to undergothe same.

299.of his escape from prison avoid anyunexpired term of imprisonment simple orrigorous or any other punishment to whichhe was liable under any sentence orsentences passed on him prior to his escape.

(2) When a sentence is passed on anaccused who was absent at his trial suchsentence shall be put into executionimmediately upon his arrest.

(3) When a sentence of death or of fine orwhipping with or without imprisonment ispassed on an escaped convict, such sentence,if of death, fine, or whipping, shall subjectto the provisions hereinbefore containedtake effect immediately; and if theimprisonment under the new sentence isrigorous and such convict was undergoingonly simple imprisonment when he escaped,the rigorous imprisonment shall take effectimmediately and shall be enforcedconcurrently with the former sentence, but ifsuch convict was undergoing rigorousimprisonment when he escaped, the rigorousimprisonment under the new sentence shalltake effect after such convict has sufferedrigorous imprisonment for a further period

(1) Any convict shall not by reason Sentences onescapedconvicts.

II/145


Sentence onoffenderalreadysentenced foranotheroffence.

Certainsections ofPenal Codeto apply toall offences.

Return ofwarrant onexecutionof sentence.

Suspendedsentence ofimprisonment.

commencing from the date of his recaptureequal to that which at the time of his escaperemained unexpired of his former sentence.

300. When a person actually undergoingimprisonment is sentenced to imprisonmentsuch imprisonment shall commence at theexpiration of the imprisonment to which hehas been previously sentenced.

301. The provisions of sections 55 and67 of the Penal Code shall apply to alloffences whatever.

302. When a sentence has been fullyexecuted the officer executing it shall returnthe warrant to the court from which itissued with an endorsement under his handcertifying the manner in which the sentencehas been executed.

.303. (1) A court which imposes asentence of imprisonment on an offender fora term not exceeding two years for anoffence may order that the sentence shallnot take effect unless, during a periodspecified in the order being not less than fiveyears from the date of the order (hereinafterreferred to as the " operational period "),such offender commits another offencepunishable with imprisonment (hereinafterreferred to as " subsequent offence "). .

(2) A court which imposes a sentence ofimprisonment for a term not exceeding sixmonths in respect of one offence on anoffender who has had no previousexperience of imprisonment shall make anorder under subsection (1) unless—

(a) the offence involved the use or threatof violence, or the use or possessionof a firearm, an explosive or anoffensive weapon;

(b) the offence is one in respect of whicha probation order or order forconditional discharge was originallymade;

(c) the offender was subject to asuspended sentence at the time theoffence was committed : or

(d) the court is of opinion that, forreasons to be stated in writing, itwould be inappropriate in thecircumstances of the case, to dealwith the offender in terms of thissubsection.

(3) A court which imposes a suspendedsentence on any person in respect of oneoffence shall not impose a sentence of.imprisonment in respect of a differentoffence, in the same proceeding.

(4) On imposing a suspended sentence thecourt shall explain to the offender inordinary language his liability under section304 if during the operational period hecommits a subsequent offence.

(5) If the offender does not commit asubsequent offence during the operationalperiod, the conviction and the suspendedsentence imposed on the offender shall bedeemed for all purposes, never to have beenentered or imposed:

Provided that where the accused has paida fine or part thereof, or any sum orpart thereof by way of State costs orcompensation in consequence of thesentence he shall not be entitled to a refundof that fine or sum.

(6) Before a suspended sentence isimposed by any court, the court shall makean order for the identification and finger-printing of the offender.

304. (1) Where an offender is convictedof a subsequent offence committed duringthe operational period, the court which soconvicts him shall order that the suspendedsentence shall take effect either immediately,or upon the expiration of a term ofimprisonment which may have beenimposed on the offender by such court inrespect of the subsequent offence ;

Provided that the court may, in anappropriate case having regard to theextenuating circumstances under which thesubsequent offence was committed or to thetrivial nature of such offence—

When offendersubject tosuspendedsentence isconvicted ofsubsequentoffence.

II/146


Discovery offurtheroffence.

(a) order that the suspended sentenceshall take effect with thesubstitution of a lesser term for theoriginal term;

(fr) vary the original order under section303 by substituting for theoperational period specified thereinan operational period expiring notlater than five years from the dateof the variation; or

(c) make no order with respect to thesuspended sentence.

In every case where the court acts underthis proviso it shall state its reasons therefor.

(2) Where a court deals with an offenderin respect of a suspended sentence passed byanother court, the court dealing with theoffender shall notify the court which passedthe sentence of the manner in which theoffender was dealt with.

(3) An order made by a court under thissection in respect of a suspended sentenceshall, for the purpose of preferring, anyappeal, be deemed to be a sentence passedon the offender by such court for theoffence for which the suspended sentencewas originally passed.

305. (1) Where during the operationalperiod any offender is convicted by a courtof a subsequent offence but such court notbeing aware of the suspended sentence doesnot deal with the offender in respect of suchsentence, any court may on receipt ofinformation relating to such suspendedsentence and the conviction for thesubsequent offence, issue a summonsrequiring such offender to appear at theplace and time specified therein or may issuea warrant for his arrest.

(2) A summons or warrant issued undersubsection (1) shall direct the offender toappear or to be brought before the court bywhich he was convicted in respect of thesubsequent offence and upon such offenderappearing or being so brought, the courtshall proceed to deal with him undersubsection (1) of section 304 in respect ofthe suspended sentence.

CHAPTER XXV

CONDITIONAL DISCHARGE OFOFFENDERS, &c.

306. (1) Where any person is chargedbefore a Magistrate's Court with an offencepunishable by such court, and the courtthinks that the charge is proved, but is ofopinion that, having regard to the character,antecedents, age, health, or mentalcondition of the person charged, or to thetrivial nature of the offence, or to theextenuating circumstances under which theoffence was committed, it is inexpedient toinflict any punishment or any other than anominal punishment, or that it is expedientto discharge the offender conditionally ashereinafter provided, the court may, withoutproceeding to conviction, either—

(a) order such offender to be dischargedafter such admonition as to thecourt shall seem fit; or

(b) discharge the offender conditonallyon his entering into a recognizance,with or without sureties, to be ofgood behaviour, and to appear forconviction and sentence when calledon at any time during such period,not exceeding three years, as maybe specified in the order of thecourt.

(2) Where any person has been convictedon indictment of any offence punishablewith imprisonment, and the court is ofopinion that, having regard to the character,antecedents, age, health, or mentalcondition of the person charged, or to thetrivial nature of the offence, or to theextenuating circumstances under which theoffence was committed, it is inexpedient toinflict any punishment, or any other than anominal punishment, or that it is expedientto* discharge the offender conditionally ashereinafter provided, the court may, in lieuof imposing a sentence of imprisonment,make an order discharging the offenderconditionally on his entering into arecognizance, with or without sureties, to beof good behaviour, and to appear forsentence when called on at any time duringsuch period, not exceeding three years asmay be specified in the order.

Power ofcourt topermitconditionalrelease ofoffenders.

II/147


Conditions ofrecognizance.

Power tovaryconditions ofrecognizance.

(3) The court may, in addition to anyorder it may make under subsection (1) orsubsection (2), order the offender to pay—

(i) compensation under section 17 (4);and

(ii) State costs in an amount notexceeding one thousand fivehundred rupees as the court thinksfit.

(4) Where an order under this section ismade by a Magistrate's Court, the ordershall, for the purpose of re-vesting orrestoring stolen property, and of enablingthe court to make orders as to therestitution or delivery of property to theowner and as to the payment of moneyupon or in connection with such restitutionor delivery, have the like effect as aconviction.

307. A recognizance under this Chaptermay contain such conditions as the courtmay, having regard to the particularcircumstances of the case, order to beinserted therein with respect to all or any ofthe following matters :—

(a) for prohibiting the offender fromassociating with thieves and otherundesirable persons, or fromfrequenting undesirable places;

(b) as to abstention from intoxicatingliquor, where the offence wasdrunkenness or an offencecommitted under the influence ofdrink;

(c) generally for securing that theoffender should lead an honest andindustrious life;

(d) providing that the offender, with hissurety or sureties, if any, shallappear in chambers before theMagistrate of any Magistrate'sCourt at such intervals as may bespecified in the order.

308. The court before which any personis bound by his recognizance under thisCode to appear for conviction or sentencemay, after notice to the offender, vary theconditions of the recognizance, and may, on.

Provision incase ofoffenderfailing toobserveconditions ofrecognizance.

being satisfied that the conduct of thatperson has been such that the recognizanceshould be discharged, discharge therecognizance.

309. (1) If the court before which anoffender is bound by his recognizance underthis Chapter to appear for conviction orsentence is satisfied by information on oathor affirmation that the offender has failed toobserve any of the conditions of hisrecognizance, it may issue a warrant for hisapprehension, or may, if it thinks fit, insteadof issuing a warrant in the first instance,issue a summons to the offender and hissureties (if any) requiring him or them toattend at such court and at such time asmay be specified in the summons.

(2) The offender, when apprehended,shall, if not brought forthwith before thecourt before which he is bound by hisrecognizance to appear for conviction orsentence, be brought before a Magistrate'sCourt.

(3) The court before which an offenderon apprehension is brought, or before whichhe appears in pursuance of such summonsas aforesaid, may, if it is not the courtbefore which he is bound by hisrecognizance to appear for conviction orsentence, remand him to custody or releasehim on bait until he can be brought beforethe last-mentioned court.

(4) A court before which a person isbound by his recognizance to appear forconviction and sentence, on being satisfiedthat he has failed to observe any conditionof his recognizance may forthwith, withoutfurther proof of his guilt, convict andsentence him for the original offence; or, ifthe case was one in which the court in thefirst instance might, under the Children andYoung Persons Ordinance, have ordered theoffender to be sent to an approved orcertified school, and the offender is stillapparently under the age of sixteen years,make such an order.

310. Rules for carrying the provisions of Power tothis Chapter into effect may be made under make rules-section 453.

II/148


Presidentmaysuspend orrcmilsentence onconditions.

CHAPTER XXVI

OF SUSPENSIONS, REMISSIONS ANDCOMMUTATIONS OF SENTENCES

311. (1) When any person has beensentenced to punishment for an offence thePresident may, at any time withoutconditions or upon any conditions whichthe person sentenced accepts, suspend theexecution of his sentence or remit the wholeor any part of the punishment to which hehas been sentenced.

(2) Whenever an application is made tothe President for the suspension orremission of a sentence the President mayrequire the presiding judge of the courtbefore or by which the conviction was hador confirmed to state his opinion as towhether the application should be granted

or refused together with his reasons for suchopinion.

(3) If the person in whose favour asentence has been suspended or remittedfails to fulfil the conditions prescribed bythe President, the President may cancel suchsuspension or remission; whereupon suchperson may if at large be arrested by anypolice officer without warrant andremanded by a Magistrate's Court toundergo the unexpired portion of thesentence.

(4) Anything herein contained shall notbe deemed to interfere with the right of thePresident to grant pardons, reprieves,respites, or remissions of punishment.

312. The President may, without the President mayconsent of the person sentenced, commute commute

- . ,. 11 • ... r sentence,any one of the following sentences for anyof the commuted sentences indicated in thecorresponding entry:—

Sentence

Death

Rigorous imprisonment

Simple imprisonment

Commuted Sentence

Rigorous or simple imprisonment for life' or for any other term.

Any lesser term of rigorous imprisonment, or any term of simpleimprisonment not exceeding the term to which such person might havebeen sentenced, or fine.

Any lesser term of simple imprisonment, or fine.

Meaning oftheexpression" President" inthis Chapter.

No personto be triedtwice forsame offence.

313. In this Chapter the expression" President " shall mean the President of theRepublic of Sri Lanka.

CHAPTER XXVII

OF PREVIOUS ACQUITTALS ORCONVICTIONS

314. (1) A person who has once beentried by a court of competent Jurisdictionfor an offence and convicted or acquitted ofsuch offence shall while such conviction oracquittal remain in force not be liable to betried again for the same offence nor on thesame facts for any other offence for which adifferent charge from the one made againsthim might have been made under section176 or for which he might have beenconvicted under section 177.

(2) A person acquitted or-convicted ofany offence may be afterwards tried for anydistinct offence for which a separate chargemight have been made against him onthe former trial under subsection (1) ofsection 175.

(3) A person convicted of any offenceconstituted by any act causing consequenceswhich together with such act constituted adifferent offence from that of which he wasconvicted may be afterwards tried for such last-mentioned offence, if the consequences hadnot happened or were not known to thecourt to have happened at the time when hewas convicted.

(4) A person acquitted or convicted ofany offence constituted by any acts maynotwithstanding - such acquittal orconviction be subsequently charged withand tried for any other offence constitutedby the same acts which he may have

Cap.26] CODEOF CRIMINAL PROCEDURE

committed, if the court by which he wasfirst tried was not competent to try theoffence with which he is subsequentlycharged.

PART VII

OF APPEAL, REFERENCE ANDREVISION •

Plea ofpreviousacquittal orconviction.

Illustrations

(a) A is tried upon a charge of theft as a servant andacquitted. He cannot afterwards while theacquittal remains in force be charged withtheft as a servant or upon the same facts withtheft simply or with criminal breach of trust.

(b) A is tried upon a charge of murder andacquitted. There is no charge of robbery, butit appears from the facts that A committedrobbery at ;he time v.''.;n the murder wascommitted. He may afterwards be chargedwhh and tried for robbery.

(c) A is tried for causing grievous hurl andconvicted. The person injured afterwards dies.A may be tried again for culpable homicide.

(d) A is charged and convicted of the culpablehomicide of B. A may not afterwards be triedon the same facts for the murder of B.

(e) A is charged with and convicted of voluntarilycausing hurt to B. A may not afterwards betried for voluntarily causing grievous hurt to Bon the same facts unless the case comes withinsubsection (3) of this section.

315. (1) The plea of a previous acquittalor conviction may be pleaded either orallyor in writing and may be in the followingform or to the following effect:—

" the defendant says that by virtue ofsection 314 of the Code of CriminalProcedure Act he is not liable to betried ".

(2) Such plea may be pleaded togetherwith any other plea, but the issue raised bysuch plea shall be tried and disposed ofbefore the issues raised by the other pleasare tried.

An appealnot to lieexcept asprovided for.

CHAPTER XXVIII

OF APPEALS

316. An appeal shall not lie from anyjudgment or order of a criminal courtexcept as provided for by this Code or byany other law for the time being in force.

A—APPEALS FROM MAGISTRATES'COURTSTO THE COURT OF APPEAL

317. (1) An appeal shall not lie from a Appeals notconviction— to lie incertain cases.

(a) where in the case of a male offenderunder sixteen years of age thesentence is one of whipping only;

(b) where an accused has under section183 made an unqualified admissionof his guilt and been convicted by aMagistrate's Court.

(2) An appeal upon a matter of law shalllie in all cases except in the case referred toin paragraph (a) of subsection (1).

318. An appeal shall not lie from an Appeal fromacquittal by a Magistrate's Court except at acquittal.the instance or with the written sanction ofthe Attorney-General.

319. Where a Magistrate's Court hasrefused to issue process a mandamus shalllie to compel such court to issue suchprocess, but an appeal shall not lie againstsuch refusal except at the instance or withthe written sanction of the Attorney-General.

Appeal againstrefusal toissue process.

(3) On the trial of an issue on a plea of aprevious acquittal or conviction thedepositions transmitted to the court on theformer trial, together with the Judge's notesif available and the depositions transmittedto the court on the subsequent charge, shallbe admissible in evidence to prove ordisprove the identity of the charges.

320. (1) Subject to the provisions of Right ofsections 317, 318 and 319 any person who appealshall be dissatisfied with any judgment orfinal order pronounced by any Magistrate'sCourt in a criminal case or matter to whichhe is a party may prefer an appeal to theCourt of Appeal against such judgment forany error in law, or in fact—


Computationof time.

What petitionof appealshall state.

(a) by lodging within fourteen days fromthe time of such judgment or orderbeing passed or made, with suchMagistrate's Court a petition ofappeal addressed to the Court ofAppeal, or

(b) by stating within the time aforesaid tothe Registrar of such court or to thejailer of the prison in which he isfor the time being confined hisdesire to appeal and the groundstherefor, providing at the same timea stamp of the value of five rupees,and it shall thereupon be the dutyof such Registrar or jailer as thecase may be;, to prepare a petitionof appeal and lodge it with thecourt by which such judgment ororder was pronounced.

(2) Subject to the relevant provision ofsection 317 the Attorney-General may preferan appeal to the Court of Appeal againstany judgment or final order pronounced bya Magistrate's Court in any criminal case ormatter, and where he so appeals, or wherehe sanctions an appeal, the time withinwhich' the petition of appeal must bepreferred shall be twenty-eight days.

Explanation.— An order made under section 154committing an accused for trial or an order madeunder section 153 discharging an accused is not ajudgment or final order.

321. (I) In computing the time withinwhich an appeal must be preferred, the dayon which the judgment or order complainedof was pronounced shall be included, but allpublic holidays shall be excluded.

(2) If the time for preferring a petition ofappeal expires on a day on which the officeof the court is closed the appeal shall bedeemed in time if such petition be preferredon the first day next thereafter on whichsuch office is open.

322. (1) Every petition of appeal shallstate shortly the grounds of appeal and shallbe signed by the appellant or hisattorney-at-law.

(2) Where the appeal is on a matter oflaw the petition shall contain a statement ofthe matter of law to be argued and shall

bear a certificate by an attorney-at-law thatsuch matter of law is a fit question foradjudication by the Court of Appeal.

(3) Every such petition shall bear a stampof five rupees:

Provided that such stamp shall not benecessary—

(a) if the appeal is preferred by theAttorney-General under section 320(2), or

(b) in the case of an appeal against ajudgment or final order pronouncedby a Magistrate's Court in anyproceedings instituted on a writtenreport made under section 136 (1)(b), if the appeal is preferred by theperson who made such report:

Provided further that the court fromwhich an appeal is preferred may if it sees fitallow the payment of the stamp fee to standover until judgment on the appeal shall havebeen given.

(4) If the appeal be decided in whole or inpart in favour of the appellant the amountof stamp fee when such fee has been paidshall be returned to him.

(5) If the appeal be decided against theappellant such stamp fee when such fee hasnot been paid shall be paid by him orrecovered from him in the way of fine unlessthe Court of Appeal shall deem fit to remitall or any part of such stamp fee, in whichcase only such part as shall not be soremitted shall be recovered.

323. (1) When an appeal has beenpreferred the court from which the appeal ispreferred shall order the appellant if incustody to be released on his entering into arecognizance in such sum and with orwithout a surety or sureties as such courtmay direct conditioned to abide thejudgment of the Court of Appeal and to paysuch costs as may be awarded :

Provided always that the appellant may ifthe court from which the appeal is preferredthinks fit instead of entering into a

Appellant tobe releasedon givingsecurity.

II/151


Proceedingstobeforwarded toCourt ofAppeal andnotice to begiven to parlyin whosefavour thejudgment ororder appealedagainst waspronounced.

Procedure inCourt ofAppeal onappeal.

recognizance give such other security bydeposit of money with such court orotherwise as that court may deem sufficient.

(2) Upon the appellant's entering intosuch recognizance or giving .such othersecurity as aforesaid he shall be releasedfrom custody.

(3) Such recognizance may if theappellant is in prison be entered into beforethe superintendent or jailer of the prisonand if so entered into shall be as valid in allrespects as if it had been entered into beforethe court from which the appeal ispreferred ; and for this purpose the courtshall endorse on the warrant of committalthe amount and nature of the security whichis to be given in case an appeal is preferred-

(4) when a person sentenced to a term ofrigorous imprisonment has preferred anappeal, but is unable to give the requiredrecognizance or other security he shall bedetained in custody without hard labouruntil the judgment of the Court of Appeal ismade known to. the superintendent of theprison.

(5) The Court of Appeal may order thatthe time so spent by such appellant incustody or any part thereof shall bereckoned as part of the term of his sentence.

(6) On a petition of appeal being lodgedthe Magistrate shall transmit the record ofthe case to the Court of Appeal togetherwith the petition of appeal and shallforthwith issue notice thereof to the party,whether complainant or accused, in whosefavour the judgment or order appealedagainst was pronounced or made oradversely to whom the appeal is preferred.

324. (1) When the record and petitionof appeal have been transmitted to theCourt of Appeal the Registrar shall numberthe appeal and enter it on the list of appealsand such list shall be kept suspended in theRegistry of the Court of Appeal,

(2) The appeal shall come on for hearingin its order without further notice to theparties concerned:

, Provided that the court may of its ownmotion or on the application of a partyconcerned accelerate or postpone thehearing of an appeal upon any such terms asto the prosecution or the costs of the appealor otherwise as it may think fit.

325. (1) When the appeal comes on forhearing the appellant if present shall be firstheard in support of the appeal and thenthe respondent if present shall be heardagainst it.

(2) If the appellant does not appear tosupport his appeal the court shall considerthe appeal and may make such orderthereon as it may deem fit.

326. If at the hearing of an appeal therespondent is not present and the court isnot satisfied that the notice of appeal wasduly served upon him the court mayadjourn the hearing of the appeal to a futureday for his appearance and in that case shallissue the requisite notice to him for servicethrough the Fiscal, but unless the court is sosatisfied as aforesaid it shall not, in theabsence of the respondent, make any orderto his prejudice.

327. When an appeal is presentedagainst an acquittal the Court of Appealmay issue a warrant directing that theaccused be arrested and brought before itand may commit him to prison pending thedisposal of the appeal or admit him to bail.

328. At the hearing of the appeal thecourt may if it considers that there is nosufficient ground for interfering dismiss theappeal or may—

(a) in an appeal from an order ofacquittal, reverse such order anddirect that further inquiry be madeor that the accused be re-tried orcommitted for trial as the case maybe or find him guilty and passsentence on him according to law;

(b) in an appeal from a conviction—

(i) reverse the verdict and sentenceand acquit or discharge theaccused or order him to be re-tried by a court of competentjurisdiction or committed fortrial, or

Appellant tobe heard first.

Procedure ifrespondentnot present.

Arrest ofaccused inappeal fromacquittal.

Power ofCourt ofAppeal onappeals.

II/152

CODE OF CRIMINAL PROCEDURE [cap.26

Court ofAppeal maylake furtherevidence ordirect it tobe taken.

Judgment inappeal tobe given inopen court.

Filing ofpetition ofappeal orapplicationfor leaveto appeal.

(ii) alter the verdict maintaining thesentence, or with or withoutaltering the verdict increase orreduce the amount of thesentence or the nature thereof;

(c) in an appeal from any other order,alter or reverse such order;

Provided always that the sentenceawarded on an appeal shall not exceed thesentence which might have been awarded bythe court of first instance.

329. (1) In dealing with an appeal underthis Chapter the Court of Appeal if it thinksadditional evidence to be necessary, mayeither take such evidence itself or direct it tobe taken by any Magistrate.

(2) When the additional evidence is takenthe Magistrate taking the same shalltransmit the evidence so taken duly certifiedto the Court of Appeal together with hisopinion on such evidence.

(3) Unless the Court of Appeal otherwisedirects the accused or his pleader shall bepresent when any additional evidence istaken under this section and section 328.

(4) The taking of such evidence shall bedeemed an inquiry under Chapter XV.

330. (1) On the termination of thehearing of the appeal the Court of Appealshall either at once or on some future day,which shall then be appointed for thepurpose, deliver judgment giving reasons forits decision in open court.

(2) On the day so fixed, if the court is notprepared to give its judgment, a yet futureday may be appointed and announced forthe purpose.

B—APPEALS FROM THE HIGH COURT TOTHE COURT OF APPEAL AND APPLICATIONS

FOR LEAVE TO APPEAL

331. (1) An appeal under this Chaptermay be lodged by presenting a petition ofappeal or application for leave to appeal tothe Registrar of the High Court withinfourteen days from the date when theconviction, sentence or order sought to beappealed against was pronounced :

Provided that a person in prison maylodge an appeal by stating within the timeaforesaid to the jailer of the prison in whichhe is for the time being confined his desireto appeal and the grounds therefor and itshall thereupon be the duty of such jailer toprepare a petition of appeal and lodge itwith the High Court where the conviction,sentence or order sought to be appealedagainst was pronounced.

(2) In computing the time within whichan appeal may be preferred, the day onwhich the judgment or final order appealedagainst was pronounced shall be included,but all public holidays shall be excluded.

(3) If the time for preferring a petition ofappeal expires on a day on which the officeof the court is closed the appeal shall bedeemed to be in time if such petition bepreferred on the first day next thereafter onwhich such office is open.

(4) The petition of appeal shall bedistinctly written on good and suitablepaper, signed by the appellant or hisattorney-at-law and dated and shall containthe following particulars:—

(a) the sessions of the High Court wherethe conviction, sentence or orderappealed against was pronounced,

(b) the number of the case,

(c) the names and addresses of theappellant and the respondent,

(d) the address to the Court of Appeal,

(e) the date of pronouncement of thejudgment or order as the case maybe sought to be appealed againstand the nature of suchpronouncement,

(f) a plain and concise statement of thegrounds of appeal,

(g) the relief claimed.

(5) Stamps to the value of five rupeesshall be affixed by such appellant but wherethe appeal is by the Attorney-General orfrom a sentence of death a stamp fee is notrequired.

12-II/153


Appeal maybe amendedor rejected.'

Stay offurtherproceedingsuponacceptanceof appeal.

332. If the appeal is not given in themanner prescribed herein, it may bereturned to the appellant for the purpose ofbeing amended, within a time to be fixed bythe court, or be amended then and there. Ifit is not amended as directed, the court mayfor reasons to be recorded by it, reject it.When any appeal is amended, the Judge orsuch other officer of his court as he shallappoint in that behalf shall attest theamendment by his signature.

333. (1) Upon the appeal being acceptedall further proceedings in such case shall bestayed and said appeal together with therecord of the case and eight copies thereofand the notes of evidence taken by theJudge shall be forwarded as speedily aspossible to the Court of Appeal.

(2) When an appeal against an acquittalis lodged, the court may issue a warrantdirecting that the accused be arrested andbrought before it and may commit him toprison pending the determination of theappeal or admit him to bail.

(3) When an appeal against a convictionis lodged, the High Court may subject tosubsection (4) admit the appellant to bailpending the determination of his appeal. Anappellant who is not admitted to bail shallpending the determination of the appeal betreated in such manner as may be prescribedby rules made under the Prisons Ordinance.

(4) Where the accused is sentenced todeath, execution shall be stayed and he shallbe kept on remand in prison pending thedetermination of the appeal.

(5) The time during which an appellant,pending the determination of his appeal isadmitted to bail and (subject to anydirections which the Court of Appeal maygive to the contrary on any appeal) the timeduring which the appellant if in custody isspecially treated as an appellant under thissection, shall not count as part of any termof imprisonment under his sentence; and,any imprisonment of the appellant whetherit is under the sentence imposed by the HighCourt or the Court of Appeal shall subjectto the directions or order of the Court ofAppeal be deemed to be resume^ or to

begin to run, as the case requires, if theappellant is in custody, as from the day onwhich the appeal is determined and, if he isnot in custody, as from the day on which heis received into prison under the sentence.

334. (1) The Court of Appeal on anyappeal against conviction on a verdict of ajury shall allow the appeal if it thinks thatsuch verdict should be set aside on theground that it is unreasonable or cannot besupported having regard to the evidence, orthat the judgment of the court before whichthe appellant was convicted should be setaside on the ground of a wrong decision ofany question of any law or that on anyground there was a miscarriage of justice.and in any other case shall dismiss theappeal:

Provided that the court may,notwithstanding that it is of opinion thatthe point raised in the appeal might bedecided in favour of the appellant, dismissthe appeal if it considers that no substantialmiscarriage of justice has actually occurred.

(2) Subject to the special provisions ofthis Code the Court of Appeal shall, if itallows an appeal against conviction, quashthe conviction and direct a judgment ofacquittal to be entered :

Provided that the Court of Appeal mayorder a new trial if it is of opinion that therewas evidence before the jury upon which theaccused might reasonably have beenconvicted but for the irregularity uponwhich the appeal was allowed.

(3) Anything in this section shall notaffect the power of the Court of Appeal toorder a new trial when the trial at which theconviction was had was a nullity by reasonof any defect in the constitution of the courtor otherwise.

(4) If it appears to the Court of Appealthat an appellant, though not properlyconvicted on some charge or part of theindictment, has been properly convicted onsome other charge or part of the indictment,the court may either affirm the sentencepassed on the appellant at the trial or passsuch sentence in substitution therefor as itthinks proper and as may be warranted in

Determinationof appealin caseswhere trialwas by jury.

II/154


Determinationof" appealsin caseswhere trialwas withouta-jury.

law by the verdict on the charge or part ofthe indictment on which the court considersthat the appellant has been properlyconvicted.

(5) Where an appellant has beenconvicted of an offence and the jury couldon the indictment have found him guilty ofsome other offence, and on the verdict ofthe jury it appears to the Court of Appealthat the jury must have been satisfied offacts which proved him guilty of that otheroffence, the court may, instead of allowingor dismissing the appeal, substitute for theverdict found by the jury a verdict of guiltyof that other offence, and pass such sentencein substitution for the sentence passed at thetrial as may be warranted in law for thatother offence, not being a sentence ofgreater severity.

(6) Where on the conviction of theappellant the jury have found a specialverdict, and the Court of Appeal considersthat a wrong conclusion has been arrived atby the court before which the appellant hasbeen convicted on the effect of that verdict,the Court of Appeal may, instead ofallowing the appeal, order such conclusionto be recorded as appears to the court to bein law required by the verdict and pass suchsentence in substitution for the sentencepassed at the trial as may be warranted inlaw.

335. (1) In an appeal from a verdict of aJudge of the High Court at a trial without ajury the Court of Appeal may if it considersthat there is no sufficient ground forinterfering dismiss the appeal. ; -

(2) In an appeal from a conviction by aJudge of the High Court at a trial without ajury the Court of Appeal may—

(a) reverse the verdict and sentence-andacquit or discharge the accused ororder him to be re-tried ; or

(b) alter the verdict maintaining thesentence or without altering theverdict increase or reduce theamount of the sentence or thenature thereof or substitute aconviction for a different offence ofwhich the accused person could

have been found guilty on theindictment and pass such sentenceas may be warranted by law insubstitution for the sentence passed.

336. On an appeal against the sentence Appealswhether passed after trial by jury or without froma jury, the Court of Appeal shall, if it thinksthat a different sentence should have beenpassed, quash the sentence, and pass othersentence warranted in law by the verdict(whether more or less severe) in substitutiontherefor as it thinks ought to have beenpassed and in any other case shall dismissthe appeal.

337. (1) In an appeal from an order of Apppealsacquittal, the Court of Appeal may reverse from.such order and direct the accused to be re-tried or find him guilty of the same or adifferent offence of which the accusedperson could have been found guilty on theindictment and pass sentence on himaccording to law.

(2) In an appeal from any other order,the Court of Appeal may alter or reverse orset aside such order or make such order insubstitution for the order of the High Courtas may be warranted by law.

338. If on any appeal it appears to theCourt of Appeal that, although theappellant was guilty of the act or omissioncharged against him, he was, at the time theact was done or omission made incapable byreason of unsoundness of mind of knowingthe nature of the act or that it was wrong orcontrary to law, the court may quash thesentence passed at the trial and order thatthe appellant be kept in safe custody in suchplace and manner as the court thinks fit,and shall report the case for the orders ofthe Minister. Upon such report, theappellant shall, for the purposes of ChapterXXXI, be deemed to,be an accused whosecase had been reported for the orders of theMinister under subsection (1) of section 381.

339. (1) The operation of any order forthe disposal of property made by the HighCourt under Chapter XXXVIII of this Codeon the conviction of any person onindictment, and the operation in case of anysuch conviction of the provisions ofsubsection (1) of section 24 of the Sale of

Whereappellant isguilty butinsane.

Disposal ofproperty onconviction.

II/155


Goods Ordinance as to the revesting of theproperty in stolen goods on conviction, shall(unless the court before which theconviction takes place directs to thecontrary in any case in which, in its opinion,the title to the property is not in dispute) besuspended—

342. Upon leave to appeal being grantedon an application for leave to appeal theRegistrar of the Court of Appeal shall soinform the High Court and the provisions ofsection 333 shall thereafter becomeapplicable mutatis mutandis to suchapplication.

High Courtto forwardrecord toCourt ofAppeal onleave beinggranted.

Filing ofapplicationfor leaveto appeal.

Disposal ofapplicationfor leaveto appeal.

(a) in any case until the expiration offourteen days after the date of theconviction; and

(b) in any case where appeal has beenfiled until the determination of theappeal;

and in cases where the operation of anysuch order, or the operation of the saidprovisions is suspended until thedetermination of the appeal, the order shallnot take effect as to the property in questionif the conviction is quashed on appeal.Provisions may be made by rules madeunder section 453 or by order of court forsecuring the safe custody of any propertypending suspension of the operation of anysuch order or of the said provisions.

(2) The Court of Appeal may by orderannul or vary any order made on a trial forthe disposal of any property, although theconviction is not quashed; and the order, ifannulled, shall not take effect, and, ifvaried, shall take effect as so varied.

340. An application for leave to appealmay be lodged by presenting it to theRegistrar of the Court of Appeal withinfourteen days from the date when theconviction, sentence or order sought to beappealed against was pronounced and theprovisions of the proviso to subsection (1)of section 331 and subsections (2), (3) and(4) of that section shall mutatis mutandisapply to such application,

341. On an application for leave toappeal the Court of Appeal may—

(a) grant such leave; or

(b) reject the application.

LISTING AND HEARING OF APPEALS ANDAPPLICATIONS FOR LEAVE TO APPEAL

343. (1) On receipt of the appeal or anapplication for leave to appeal the Registrarof the Court of Appeal shall forthwithnumber the appeal or application as the casemay be, enter such number and the namesof the parties on the Register of Appealsand notify the parties. Thereafter the appealor application as the case may be shall, beentered on the appropriate Roll of PendingAppeals set down for hearing.

(2) The list of appeals and applicationson the Roll of Pending Appeals shall beexhibited outside the Registry of .the Courtof Appeal.

344. An appeal or application for leaveto appeal entered on the appropriate Roll ofPending Appeals shall come on for hearingin the order of its position on the rollwithout further notice to the parties.

345. Where leave to appeal is granted atthe hearing of an application for leave toappeal, such application will thereafter bedeemed to be an appeal and come on forhearing as directed by the Court of Appeal.

346. Any appeal or application for leaveto appeal shall not be listed for hearing untilseven days at least shall have expired aftersuch appeal or application as the case maybe was entered on the roll and exhibited inthe manner required in section 343.

347. The Court of Appeal may, of itsown motion or on application of a partyaccelerate or postpone the hearing of anappeal or. application for leave to appealupon such terms as it may think fit.

348. Where there are two or moreappeals or applications for leave to appealarising out of the same matter and theCourt of Appeal is of opinion that it would

Appeals andapplicationslobenumberedand enteredin theRegister ofAppeals.

Appeals andapplicationsto be listedfor hearing.

Where leaveto appeal isgranted,applicationdeemed to bean appeal.

Appeal orapplicationfor leave toappeal to beexhibited forat leastseven days.

Accelerationandpostponementof appealsandapplication forleave to appeal.

Consolidationof appeals andapplicationsfor leave toappeal.

II/156


Procedureat thehearing. .

Appellant orapplicant incustodyentitled tobe present.

be convenient for the court and for all theparties concerned if they are consolidated,the court may so direct and suchconsolidated appeals and applications shallfor all purposes thereafter be deemed to be asingle appeal or application as the case maybe.

349. (1) At the hearing of the appeal orapplication the court may call upon theappellant or applicant as the case may beand the respondent or their attorneys-at-lawto make their submissions.

(2) Subject to the provisions ofsubsection (1), the appellant or the applicantshall first be heard in support of the appealor application. The court shall then, if itdoes not at once dismiss the appeal orapplication or affirm the judgment or orderappealed from, hear the respondent and insuch case the appellant or applicant shall be.entitled to reply.

(3) If the appellant or applicant does notappear to support the appeal or applicationthe court shall consider the appeal orapplication and may make such orderthereon as it may deem fit.

350. An appellant or applicant who is incustody shall be entitled to be present, if heso desires, at the hearing of his appeal orapplication.

(a) order the production of anydocument, exhibit or other thingconnected with the proceedings, theproduction of which appears to itnecessary for the determination ofthe case;

(b) take additional evidence itself ordirect it to be taken by any judge ofan original court or other personappointed by the Court of Appealfor the purpose;

Provided that when additionalevidence is taken other than beforethe Court of Appeal the officer

Supplementary 351. In dealing with an appeal, thepowers of Court of Appeal may, if it thinks it

necessary or expedient in the interests ofjustice—

taking the same shall transmit theevidence so taken duly certified tothe Court of Appeal together withhis opinion on such evidence,

352. (1) On the termination of the Delivery ofhearing of the appeal or application the Court Judgmeni.of Appeal shall, either at once or on somefuture date which shall then be appointedfor the purpose, pronounce judgment inopen court.

(2) On the day so fixed, if the court is notprepared to give its judgment a yet futuredate may be appointed and announced forthe purpose.

(3) The judgment of the Court of Appealshall be taken down in writing, shall besigned and dated by the Judges, and state—

(a) the points for determination ;

(b) the decision of the Judges thereon;

(c) the reasons which' have led to thedecision; and

(d) the relief granted,

GENERAL PROVISIONS

353. The Court of Appeal may at any Legaltime on the application of the appellant assistance to

r' . . . . appellant.assign to an appellant in any criminal case,matter or proceeding any attorney-at-law if,in the opinion of the court, it appears 'desirable in the interests of justice that theappellant should have legal aid, and that hehas not sufficient means to enable him toobtain that aid. .

354. The expenses of any attorney-at- Expenses.law assigned to an appellant under thisChapter, and the expenses of any witnessesattending on the order of the court orexamined in any proceedings incidental tothe appeal and all expenses of, andincidental to, any examination of witnessesconducted by any person appointed by thecourt for the purpose, shall be defrayed, upto an amount allowed by the court, butsubject to such rates and scales of paymentas may be prescribed by rules made undersection 453, Until such rules are made therules relating to rates and scales of paymentin force immediately before the appointeddate shall continue in^orce.

II/157


Effect oferror,omission ordefault incomplyingwith theprovisions ofthis Code.

Order ofCourt ofAppeal tobe certifiedto HighCourt.

Costs.

355. (I) Where there is any error,omission or default in complying with theprovisions of this Code relating to thelodging of an appeal, the High Court shall,notwithstanding such error, omission ordefault forward to the Court of Appeal thepetition of appeal together with all therelevant papers and proceedings of the case.

(2) The Court of Appeal shall notexercise the powers vested in such court bythis Code to reject or dismiss an appeal onthe ground only of any error, omission ordefault on the part of the appellant incomplying with the provisions of this Codeunless material prejudice has been causedthereby to the respondent to such appeal.

(3) The Court of Appeal shall, in the caseof any appeal referred to in subsection (2)which is not rejected or dismissed by suchcourt, direct the appellant to comply withsuch directions as the court may deemnecessary for the purpose of rectifying,supplying or making good any error,omission or default so referred to withinsuch time and upon such conditions as maybe specified in such directions, and shallreject or dismiss the appeal if the appellantfails to comply with such directions.

356. •• (1) Whenever a case is decided onappeal by the Court of Appeal under thisChapter the court shall certify its orderunder its seal to the High Court and shallreturn to the High Court the record andpetition of appeal accompanied by a copy ofthe reasons given by the Court of Appealfor its order.

(2) The High Court to which the order ofthe Court of Appeal is certified shallthereupon make such orders as areconformable to the order so certified and ifnecessary the record shall be amended inaccordance therewith.

(3) The High Court shall then complywith the order of the Court of Appeal.

357. The Court of Appeal shall havepower in all proceedings under this Chapterto award costs to be paid by or to theparties thereto as the said Court shall thinkfit:

Provided that such an order shall not inany case be made against the Attorney-General.

C—ABATEMENT AND WITHDRAWAL OFAPPEALS AND APPLICATIONS FOR LEAVE TO

APPEAL

358. (1) Every appeal and application Abatement.for leave to appeal to the Court of Appealunder this Code shall abate on the death ofthe accused :

Provided that where the appeal orapplication is against a conviction, a personaggrieved may with the leave of the courthearing the appeal intervene and prosecutethe appeal or application only in so far asthe finding of guilt is concerned.

(2) The expression " person aggrieved"shall have the same meaning as in section 16of the Judicature Act.

Withdrawal ofappeals orapplicationsfor leave toappeal.

359. Any appellant or applicant as thecase may be who has lodged an appeal orapplication to the Court of Appeal underthis Code may at any time apply to theCourt of Appeal to withdraw his appeal orapplication and such court may after suchinquiry as it considers necessary, permit thewithdrawal of such appeal or application onsuch terms as it may think fit to impose andthereupon the appeal or application shallstand dismissed.

D—STATE REPRESENTATION AT APPEALS

360. (1) The Attorney-General shall Stateappear for the State in every appeal to the "presentation.Court of Appeal under this Code to whichthe State or a public officer is a party andall such documents, exhibits and otherthings connected with the proceedings as theAttorney-General may require for thepurpose of his duties under this section shallbe transmitted to him by the Registrar ofthe court having custody of suchdocuments, exhibits and things.

(2) The Solicitor-General or a StateCounsel or an attorney-at-law specially orgenerally authorized by the Attorney-General in that behalf shall be entitled toappear for the State in place of theAttorney-General in any such appeal.

II/158


Reservationof pointsof law.

Determinationand ordersthereon.

Powers torewrvequestionsarising inHigh Court.

CHAPTER XXIX

OF REFERENCE AND REVISION

361. (1) Any Magistrate's Court actingin summary jurisdiction may if it thinks fitreserve for the consideration of the Court ofAppeal any question of law arising in theproceedings whenever any person shall havebeen convicted and sentenced to any penaltyor punishment.

(2) Every question of law so reservedshall be submitted to the said court in theshape of a special case.

(3) Every such special case shall be drawnup by the Magistrate of the court beforewhich the proceedings are held and shall setout shortly the facts which are consideredby the Magistrate to be proved and shallstate the question of law which shall havebeen reserved for the opinion of the court.,

(4) Every such special case shall be sentby the Magistrate to the Registrar of theCourt of Appeal and shall be set down forargument in such manner as the- Court ofAppeal may direct.

(5) The person convicted shall pendingthe decision on the special case be remandedto prison or if the court thinks fit admittedto bail.

362. The Court of Appeal shall hear anddetermine the question of law arising onsuch special case and shall thereupon affirm,amend, or reverse the determination inrespect of which the special case has beenstated or may make such order in relation tothe matter as to the Court of Appeal mayseem fit:

Provided always that a Magistrate whoshall state and deliver a special case inpursuance of this Code shall not be liable toany costs in respect thereto.

363. (1) When any person ,has in a trialbefore a Judge of the High Court beenconvicted of an offence and sentenced, theJudge if he thinks fit may reserve and referfor the decision of the Court of Appeal anyquestion of law which has arisen on thetrial, stating in a case signed by him such

question with the special circumstancesupon which the same shall have arisen.

(2) If the Judge reserves any suchquestion the person convicted shall pendingthe decision thereon be remanded to prisonor if the Judge thinks fit be admitted to bail,and the Court of Appeal shall have powerto hear and finally determine such questionand thereupon to reverse, affirm, or amendthe judgment or to make such order asjustice may require.

(3) When any person has in a trial beforea Judge of the High Court been convicted ofan offence and the Attorney-General is ofopinion that any question of law arising onsuch trial which has not been reserved underthis section ought to be further consideredhe may certify accordingly under his handand thereupon the Court of Appeal shallhave full power and authority to review thecase or such part of it as may be necessaryand finally determine such question andthereupon to reverse, affirm, or amend thejudgment or to make such other order asjustice may require in like manner as thoughsuch question had been reserved undersubsection (1).

364. The Court of Appeal may call forand examine the record of any case, whetheralready tried or pending trial in the HighCourt or any Magistrate's Court, for thepurpose of satisfying itself as to the legalityor propriety of any sentence or order passedtherein or as to the regularity of theproceedings of such court.

365. (1) The Court of Appeal may in Power ofany case the record of the proceedings of court on

~ —'

which has been called for by itself or which revision.otherwise comes to its knowledge in itsdiscretion exercise any of the powersconferred on it by Chapter XXVIII.

(2) Any order under this section shall notbe made to the prejudice of the accusedunless he has had an opportunity of beingheard either personally or-by attorney-at-law in his own defence.

(3) Anything in this section shall not bedeemed to authorize the Court of Appeal toconvert a finding of acquittal into one ofconviction.

Court ofAppeal maycall for recordof High CourtorMagistrate'sCourt.

II/159


Optionalwith courtto hearpanics onreview.

When recordcalled forby Court ofAppeal,Judge of theHigh Courtor Magistratemay submitstatement ofgrounds ofdecision.

Judge ofHigh Courtor Magistrateto carryinto effectorders ofCourt ofAppeal.

Inquests ofdeath.

Duty ofinquirer.

366. A party has no right to be heardeither personally or by attorney-at-lawbefore the Court of Appeal when exercisingits powers of revision :

Provided that the court may if it, thinks fitwhen exercising such powers hear any partyeither personally or by attorney-at-law.

367. When the record of any case iscalled for by the Court of Appeal undersection 364 the Judge of the High Court orMagistrate may submit with the record astatement setting forth the grounds of hisdecision or order and any facts which hethinks material, and the court shall considersuch statement before overruling or settingaside the said decision or order.

368. (1) When a case is revised underthis Chapter by the Court of Appeal suchcourt shall certify its order under its seal tothe court by which the verdict, sentence, ororder revised was recorded or passed, andshall return to such court the recordaccompanied by a copy of the reasons givenby the Court of Appeal for its order.

(2) The court to which the order is socertified shall thereupon make such ordersas are conformable to the order so certifiedand if necessary the record shall be amendedin accordance therewith.

PART VIII

SPECIAL PROCEEDINGS

CHAPTER XXX

INQUESTS OF DEATH

369. An inquest of death shall not beheld except under the provisions of thisCode.

. 370. (1) Every inquirer on receivinginformation that a person—

(a) has committed suicide; or

(b) has been killed by an animal or bymachinery or by an accident; or

(c) has died suddenly or from a causewhich is not known,

shall immediately proceed to the placewhere the body of such deceased person isand there shall make an inquiry and drawup a report of the apparent cause of death,describing such wounds, fractures, bruises,and other marks of injury as may be foundon the body and such marks, objects, andcircumstances as in his opinion may relateto the cause of death and stating in whatmanner such marks appear to have beeninflicted.

(2) The report shall be signed by suchinquirer and shall be forthwith forwarded tothe nearest Magistrate.

(3) If the report or other material beforehim discloses a reasonable suspicion that acrime has been committed the Magistrateshall take proceedings under Chapter XIVand XV and in such event the record of theinquiry and the inquirer's report shall beannexed to the record of the proceedingsbefore the Magistrate.

(4) Anything herein contained shall notpreclude a Magistrate from forthwithholding an inquiry under the powers vestedin him by section 9, whenever any of theevents mentioned in paragraphs (a), (b) and(c) of subsection (1) of this section havebeen brought to his notice.

(5) Any inquirer may, for the purpose of Powers ofany inquiry under this Chapter, if he inquirerconsiders it expedient, issue process tocompel the attendance of any witness to giveevidence before him, or to produce anydocument or other thing.

(6) If any person so summoned fails orneglects to attend at the time and placespecified in such summons, the inquirer mayissue his warrant for the apprehension andproduction before him of such person. .

(7) Every person who so fails to attend,or who refuses to take the oath of a witness,or refuses to answer any question whichshall be legally asked of him, or fails orrefuses to produce any document or otherthing, shall be guilty of an offence, and shallbe liable on conviction thereof to a fine notexceeding one hundred rupees, or toimprisonment of either description for anyperiod not exceeding three months, or toboth.

II/160


Death ofa personin custodyof policeor in a mentalor leprosyhospitalor prison.

Evidence andfinding tobe recorded.

Post-mortemexaminations.

Procedure incase ofaccused beingof unsoundmind.

371. (1) When any person dies while inthe custody of the police or in a mental orleprosy hospital or prison, the officer whohad the custody of such person or was incharge of such hospital or prison, as thecase may be, shall forthwith giveinformation of such death to a Magistrateof the Magistrate's Court within the locallimits of whose jurisdiction the body isfound, and such Magistrate shall view thebody and hold an inquiry into the cause ofdeath.

(2) For the purposes of an inquiry underthis section a Magistrate shall have all thepowers which he would have in holding aninquiry into an offence.

372. (1) The Magistrate or inquirerholding an inquiry prescribed under thisChapter shall record the evidence and hisfinding thereon.

(2) The place in which an inquiry ofdeath under this Chapter is held shall be aplace open to the public. But a Magistrateor inquirer conducting an inquiry of deathmay on special grounds of public policy orexpediency in his discretion exclude thepublic at any stage of the inquiry from theplace in which the inquiry is being held.

373. (I) The Magistrate or any inquirerempowered in that behalf by the Ministershall, if he considers it expedient, call uponthe Government medical officer of thedistrict, or any other medical practitioner,to hold a post-mortem examination of thedead body, and to report to such Magistrateor inquirer regarding the cause of death.

(2) For the purposes of the post-mortemexamination under subsection (1), theMagistrate may, if the dead body hasalready been buried, cause that body to bedisinterred.

CHAPTER XXXI

PERSONS OF UNSOUND MIND

374. (1) When a Magistrate's Courtholding an inquiry or a trial has reason to

Procedure incase of personcommittedbefore HighCourt beingof unsoundmind.

defence it shall inquire into the fact of suchunsoundness and shall cause such person tobe examined by the Government medicalofficer of the district or some other medicalofficer, and thereupon shall examine suchofficer as a witness and shall reduce theexamination to writing.

(2) If the Magistrate's Court is of opinionthat the accused is of unsound mind andconsequently incapable of making hisdefence it shall postpone furtherproceedings in the, case.

375. (1) If any person committed fortrial before the High Court appears to thecourt at his trial to be of unsound mind andconsequently incapable of making hisdefence, the jury or (where the trial iswithout a jury) the Judge of the High Courtshall in the first instance try the fact of suchunsoundness and incapacity, and if satisfiedof the fact shall find accordingly andthereupon the trial shall be postponed.

(2) The trial of the fact of theunsoundness of mind and incapacity of theaccused shall be deemed to be part of histrial before the court.

376. (1) Whenever an accused is foundto be of unsound mind and incapable ofmaking his defence the court, if the case isone in which bail may be taken, may releasehim on sufficient security being given thathe shall be properly taken care of and shallbe prevented from doing injury to himself orto any other person and for his appearancewhen required before the court or suchofficer as the court appoints in this behalf.

(2) If the case is one in which bail maynot be taken or if sufficient security is notgiven, the court shall report the case to theMinister and the Minister may by writingunder the hand of the Secretary to theMinistry order the accused to be confined ina mental hospital or other suitable place ofsafe custody and the court shall give effectto such order.

377. (1) Whenever an inquiry or a trial Resumption

Release ofperson ofunsoundmindpendinginvestigationor trial.

believe that the accused is of unsound mind is postponed under sections 374 and 375 the of inquiry orr r

and consequently incapable of making his court may at any time resume the inquiry or trial.

II/161


Procedure onaccusedappearingbefore court.

Whenaccusedappears tohave beenof unsoundmind.

Judgment ofacquittalon ground ofunsoundnessof mind.

Personacquitted onground ofunsoundnessof mind tobe kept insafe custody.

commence the trial de novo and require theaccused to appear or be brought before suchcourt.

(2) When the accused has been releasedunder section 376 and the sureties for hisappearance produce him to the officerwhom the court appoints in this behalf thecertificate of such officer that the accused iscapable of making his defence shall bereceivable in evidence.

378. (1) If, when the accused appears oris again brought before the court, the courtconsiders him capable of making hisdefence, the inquiry or trial shall proceed.

(2) If the court considers the accusedperson to be still incapable of making hisdefence the court shall again act accordingto the provisions of section 374 or section376, as the case may be.

379. When the accused appears to be ofsound mind at the time of the inquiry andthe Magistrate's Court is satisfied from theevidence given before the court that there isreason to believe that the accusedcommitted an act which if he had been ofsound mind would have been an offence andthat he was at the time when the act wascommitted by reason of unsoundness ofmind incapable of knowing the nature of theact or that it was wrong or contrary to law,the court shall proceed with the case asdirected by Chapter XV.

380. Whenever any person is acquittedupon the ground that at the time at whichhe is alleged to have committed an offencehe was by reason of unsoundness of mindincapable of knowing the nature of the actalleged as constituting the offence or that itwas wrong or contrary to law, the verdictshall state specifically whether he committedthe act or not.

381. (1) Whenever the verdict statesthat the accused committed the act allegedthe court before which the trial has beenheld shall, if such act would but for theincapacity found have constituted anoffence, or order such person to be kept insafe custody in such place and manner asthe court thinks fit and shall report the casefor the orders of the Minister.

(2) The Minister may by writing underthe hand of the Secretary to the Ministryorder such person to be confined in a.mental hospital, prison, or other suitableplace of safe custody until further orders.

382. When any person is confined underthe provisions of this Chapter theCommissioner of Prisons if such person isconfined in a prison, or the Visitors of themental hospital or any two of them if he isconfined in a mental hospital may visit himin order to ascertain his state of mind ;. andhe shall be visited once at least in every sixmonths by such Commissioner or by two ofsuch Visitors as aforesaid, and suchCommissioner or Visitors shall make aspecial report to the Minister as to the stateof mind of such person.

383. If such person is confined under theprovisions of section 376 and suchCommissioner or Visitors shall certify thatin his or their opinion such person iscapable of making his defence he shall betaken before the court at the instance ofwhich he was confined at such time as suchcourt appoints, and the court shall deal withsuch person under the provisions of section378 and the certificate of suchCommissioner or Visitors as aforesaid shallbe receivable as evidence.

384. If such person is confined under theprovisions of section 376 or section 381 andsuch Commissioner or Visitors shall certifythat in his or their judgment he may bedischarged without danger of his doinginjury to himself or to any other person, theMinister may thereupon order him to bedischarged or to be detained in custody orto be transferred to a mental hospital if hehas not been already sent to a mentalhospital; and in case the Minister ordershim to be transferred to a mental hospital,he may appoint a committee of inquiryconsisting of a Magistrate and two medicalofficers to make formal inquiry into thestate of mind of such person, taking suchevidence as is necessary, and to report to theMinister who may order his discharge ordetention as he thinks fit.

385. (1) Whenever any relative or friendof any person confined under the provisionsof section 376 or section 381 desires that theperson shall be delivered over to his care

Personconfined underthis Chapterto be visited byCommissionerof Prisons orVisitors ofthe mentalhospital.

Procedurewhere personconfined undersection 376 isreportedcapable ofmaking hisdefence.

Procedurewhere personconfined undersection 376 or381 is declaredfit to bedischarged.

Delivery ofpsrsonconfined tocare of relativeor friend.

11/162


Personsuspected tobe of unsoundmind whereand how tobe remanded.

Procedure incasesmentionedin section135(1),paragraphs(c) and (d).

and custody the Minister, upon ' theapplication of any relative or friend and onhis giving security to the satisfaction of theMinister that the person delivered shall beproperly taken care of and shall beprevented from doing injury to himself or toany other person, may order such person tobe delivered to such relative or friend.

(2) Whenever such person is so deliveredit shall be upon condition that he shall beproduced for the inspection of such officerat such times as the Minister directs.

•wi nc-(3) The provisions of sections 382 and

384 shall mutatis mutandis apply to personsdelivered under the provisions .of thissection and the certificate of the inspectingofficer appointed under this section shall bereceivable as evidence.

386. A Magistrate proceeding undersection 384 may subject any accused personwho is suspected to be of unsound mind tomedical observation and remand suchperson once or oftener for such reasonabletime as shall be specified in the order ofremand either to the custody of thesuperintendent of a prison to be by himdetained in prison or of the officer in chargeof such house or place of observation asmay be appointed by the Minister under theprovisions of section 3 of the MentalDiseases Ordinance, to be by such officerdetained in such house or place ofobservation. And every person so remandedshall be subject to the inspection of themedical officer of the prison or of the houseor place of observation in which he may bedetained.

CHAPTER XXXII

PROCEEDINGS IN CASE OF CERTAINOFFENCES AFFECTING THE

ADMINISTRATION OF JUSTICE

387. (1) When any civil or criminalcourt other than a Magistrate's Court is ofopinion that there is ground for inquiringinto any offence referred to in section 135(1), paragraphs (c) and (d), committedbefore it or brought under its notice in thecourse of a judicial proceeding, such courtmay send the case for inquiry or trial to the

nearest Magistrate's Court and may sendthe accused in custody or take sufficientsecurity for his appearance before suchMagistrate's Court and may bind over anyperson to appear and give evidence on suchinquiry or trial, and such Magistrate's Courtshall thereupon proceed according to law.

(2) Where the officer presiding in suchcourt at the time the offence was committedbefore it or brought under its notice is also aMagistrate of the nearest Magistrate's Courthe shall not try the accused, but shall eitherhimself hold an inquiry under Chapter XVwith a view to a committal for trial to theHigh Court or remand the accused orrelease him on bail to be tried by anotherMagistrate of such Magistrate's Court.

(3) In the case of a Magistrate's Court theMagistrate presiding in such court at thetime the offence was committed before it orbrought under its notice may either himselfhold an inquiry under Chapter XV with aview to committal for trial by the HighCourt or may remand the accused or releasehim on bail to be tried by anotherMagistrate of such Magistrate's Court.

388. (1) Whenever any such offence as Procedure inis described in sections 173. 176, 177, 178 or certain,223 of the Penal Code is committed in viewor presence of any court criminal or civil,other than the Supreme Court or Court ofAppeal or the High Court such court maycause the offender to be detained in custodyand at any time before the rising of thecourt on the same day may if it thinks fittake cognizance of the offence and sentencethe offender; if a District Court, to a finenot exceeding one thousand five hundredrupees and in default of payment to simpleimprisonment which may extend to threemonths unless such fine be sooner paid ; if aMagistrate's Court, to- a fine not exceedingfive hundred rupees and in default ofpayment to simple imprisonment which mayextend to two months unless such fine besooner paid.

cases ofcontempt.

(2) If the offence is under section 223 ofthe Penal Code the record must show thenature and stage of the judicial proceedingin which the court interrupted or insultedwas sitting and the nature of theinterruption or insult.

II/163


Procedurewhere courtconsiderscase shouldnot bedealt withundersection 388.

(3) The court may in its discretiondischarge the offender or remit thepunishment on his submission to the orderor requisition of such court or an apologybeing made to its satisfaction.

389. (1) If any Magistrate's Court orDistrict Court in any case considers that aperson accused of any of the offencesreferred to in section 388 and committed inits view or presence should be punishedotherwise than there provided or such courtis for any other reason of opinion that thecase should not be disposed of under thatsection, such court after recording the factsconstituting the offence and the statement ofthe accused as hereinbefore provided mayforward the case to the Attorney-General,and thereafter abide the Attorney-General'sinstructions.

(2) In every case in which an order ismade under this section the court shallrecord the facts of the refusal with thestatement if any made by the person sorefusing and shall send a copy of suchrecord together with a copy of the ordermade by it to the Court of Appeal so thatthe Court of Appeal if it thinks fit mayexercise its power of revision.

391. Except as provided in this Chapterany District Judge 01. Magistrate shall nottry any person for any offence referred to insection 135 (1), paragraphs (c) and (d), whensuch offence is committed before himself orin contempt of his authority or is broughtunder his notice as such District Judge orMagistrate in the course of a judicialproceeding.

DistrictJudges andMagistratesnot to tryoffencesreferred to insection 135(1),paragraphs(c)and (d), whencommittedbeforethemselves.

Imprisonmentor committalof personrefusing toanswer orproducedocuments.

(2) The Attorney-General shall on receiptof such case, if satisfied of the facts eitherprosecute the offender in the appropriateMagistrate's Court or direct the Magistrateto hold an inquiry under Chapter XV with aview to committal of the offender for trialby the High Court or directly indict theoffender for trial by the High Court:

Provided that the trial in the High Courtshall be without a jury ;

Provided further that a Magistrate inwhose view or presence the offence wascommitted shall not himself summarily trythe case.

390. (1) If any person before courtother than the Supreme Court or Court ofAppeal refuses to answer such questions asare put to him or to produce any documentin his possession or power which the courtrequires him to produce and does not offerany reasonable excuse for such refusal suchcourt may for reasons to be recorded inwriting order him to be detained as aprisoner for any term not exceeding sevendays unless in the meantime such personconsents to be examined and to answer orto produce the document. In the event of hispersisting in his refusal after the, expirationof the said term he may be dealt withaccording to the provisions of section'388or 389.

392. Anything to the contrary in thisCode notwithstanding, the High Court maytake cognizance of and try any such offenceas is described in sections 173, 176, 177 or178 of the Penal Code or any such offenceas is referred to in section 135 (1),paragraphs (c) and {d), of this Code—

(i) where the offence has been committedin its view or presence or broughtunder its notice in the course of ajudicial proceeding before itwithout indictment by theAttorney-General, and

(ii) otherwise upon indictment by theAttorney-General.

PART IX

SUPPLEMENTARY PROVISIONS

CHAPTER XXXIII

OF PROCEEDINGS BY THEATTORNEY-GENERAL

393. (1) It shall be lawful for theAttorney-General to exhibit information,present indictments and to institute,undertake, or carry on criminal proceedingsin the following cases, that is to say—

High Courtmay takecognizance ofcertainoffences.

Powers ofAttorney-General.

II/164


(a) in the case of any offence where apreliminary inquiry under ChapterXV by a Magistrate is imperative ormay be directed to be held by theAttorney-General;

(b) in any case where the offence is notbailable;

(c) in any case referred to him by a StateDepartment in which he considersthat criminal proceedings should beinstituted;

(d) in any case other than one filed undersection 136 (1) (a) of this Codewhich appears to him to be ofimportance or difficulty or whichfor any other reason requires hisintervention;

.(e) in any case where an indictment ispresented or information exhibitedin the High Court by him.

(2) The Attorney-General shall giveadvice, whether on application or on hisown initiative to State Departments, publicofficers, officers of the police and officers incorporations in any criminal matter ofimportance or difficulty-

(3) The Attorney-General shall beentitled to summon any officer of the Stateor of a corporation or of the police toattend his office with any books ordocuments and there interview him for thepurpose of—

(a) initiating or prosecuting any criminalproceeding, or

(b) giving advice in any criminal matterof importance or difficulty.

The officer concerned shall comply withsuch summons and attend at the office ofthe Attorney-General with such books anddocuments as he may have been summonedto bring.

(4) The Attorney-General may nominateState Counsel or employ any attorney-at-law to conduct any prosecution in any courtand determine the fees to be paid to suchattorncy-at-law.

(5) The Superintendent or AssistantSuperintendent of Police in charge of anydivision shall report to the Attorney-General every offence committed within hisarea where—

(o) preliminary investigation underChapter XV is imperative ; or

(b) for the institution of proceedings theconsent or sanction of theAttorney-General is required ; or

(c) a request for such report has beenmade by the Attorney-General; or

(d) such Superintendent or AssistantSuperintendent considers the adviceor assistance of the Attorney-General necessary or desirable ; or

(e) the Magistrate so directs; or

(f) the offence was cognizable and theprosecution was withdrawn orcannot be proceeded with.

(6) When reporting in terms of subsection(5) the Superintendent or AssistantSuperintendent of Police as the case may beshall supply to the Attorney-General—

(a) a full statement of the circumstances;

(b) copies of thewitnesses,

statements of all

(c) such other information, documents orproductions as may be relevant oras may be called for by theAttorney-General; and

(d) where an inquest has been held, acopy of the inquest proceedings.

(7) Notwithstanding any other provisionscontained in this Act, it shall be lawful for [§12,52 of 1980.]the Attorney-General, having regard to thenature of the offence or any othercircumstances, in respect of any summaryoffence—

(a) to forward an indictment directly tothe High Court, or

II/165


Whatpersons aredeemed tohave beenbroughtbeforethe court.

Power ofAttorney-General tocall fororiginalrecord andproductions.

Power ofAttorney-General toquashcommitmentand issueinstructionstoMagistrate.

(b) to direct the Magistrate to hold apreliminary inquiry in accordancewith the procedure set out inChapter XV in respect of anyoffence specified by him where he isof opinion that the evidencerecorded at a preliminary inquirywill be necessary for preparing anindictment;

and thereupon such offence shall not betriable by a Magistrate's Court.

(8) The Minister may make regulationscontaining all such incidental orsupplementary provisions as may benecessary to enable the Attorney-General toexercise and perform his powers and dutiesunder this section.

394. All persons appearing before theHigh Court against whom an indictment ispreferred shall unless the contrary is shownbe deemed to have been brought before thecourt in due course of law and (subject tothe provisions herein contained) shall betried upon the indictment so preferred.

395. (1) It shall be lawful for theAttorney-General after the receipt by him ofthe certified copy of the record of an inquiryforwarded under section 159, if he is ofopinion that such action is necessary for theproper consideration of the case by him, tocall for the original record of the inquiry(together with any documents produced inevidence) from the court to which suchrecord has been forwarded, and for anyproductions other than documentaryevidence, from the Registrar.

(2) It shall be the duty of the Registrar ofthe High Court to forward to the Attorney-General any record or production called forunder subsection (1).

396. If, after the receipt by him of thecertified copy of the record of an inquiryforwarded under section 159, the Attorney-General is of opinion that there is notsufficient evidence to warrant a commitmentfor trial, or if for any reason he is of opinionthat the accused should be discharged fromthe matter of the complaint, information orcharge, and if the accused is in custody fromfurther detention, he may by order inwriting quash the commitment made by the

Magistrate and may direct the Registrar ofthe High Court to return the record of theinquiry to the Magistrate's Court. TheAttorney-General shall in every such caseissue to the Magistrate'such directions as tothe disposal of the complaint, informationor charge against the accused as to him mayseem expedient, and it shall be the duty ofthe Magistrate to comply with the directionsso issued.

397. (1) If the Attorney-General is ofopinion that a criminal offence is disclosedby the proceedings against the accused butthat the evidence already taken by reason ofbeing in any particular or respect defectiveis not sufficient to afford a foundation for afull and proper trial, then he may make inwriting an order requiring the Magistrate'sCourt to take such further evidence as maybe specified or indicated in the order eitherin the way of examining anew witnesses whohave already given their testimony orotherwise to continue the inquiry, and uponmaking such order the Attorney-Generalshall direct that the record of the inquiry bereturned to the Magistrate's Court, andthereupon the Registrar of the High Courtshall so return the record and theMagistrate shall comply with the order ofthe Attorney-General.

(2) The Attorney-Gern;i-Hl may if hethinks it necessary, direct the Magistrate torecord the evidence of any expert witness orpolice officer and the Magistrate shall thencomply with such directions.

(3) The supplemental inquiry may beconducted in the Magistrate's Court by aMagistrate thereof other than theMagistrate who conducted me originalinquiry.

398. (1) A Judge of the High Court anda Magistrate shall whenever required inwriting by the Attorney-General forthwithtransmit to the Attorney-General theproceedings in any criminal case in which aninquiry or trial has been or is being heldbefore him and thereupon such inquiry ortrial shall be suspended in the same and thelike manner as upon adjournment thereof :

Provided that the Attorney-General shallreturn such record to such court not laterthan two months after it is received by him.

Attorney-Generalmay orderfurtherevidence tobe taken.

Judge of theHigh CourtandMagistrate totransmitproceedings toAttorney-General whenrequired.

II/166


Attorney-Generalmay ordercommittal orfresh inquirywhen ofopinion thatan accusedshould nothave beendischarged.

Who mayconductprosecutionbeforeMagistrate.

Scope offunctions ofSolicitor-Generaland StateCounsel-

(2) It shall be competent for theAttorney-General upon the proceedings inany case being transmitted to him by aMagistrate under the provisions of thissection to give instructions with regard tothe inquiry to which such proceedings relateas he may consider requisite ; and thereuponit shall be the duty of the Magistrate tocarry into effect subject to the provisions ofthis Code the instructions of the Attorney-General and to conduct and conclude suchinquiry in accordance with the terms of suchinstructions.

399. Whenever a Magistrate shall havedischarged an accused under the provisionsof section 153 and the Attorney-Generalshall be of opinion that such accused shouldnot have been discharged the Attorney-General may direct him to commit suchaccused to the High Court or order aMagistrate of such court to re-open theinquiry and may give such instructions withregard thereto as to him shall appearrequisite ; and thereupon it shall be the dutyof such Magistrate to carry into effect suchinstructions.

400. (1) A person other than theAttorney-General, State Counsel, or apleader generally or specially authorized bythe Attorney-General shall not conduct theprosecution in any case into which theMagistrate of a Magistrate's Court may beinquiring,

(2) In the absence of the Attorney-General, the Solicitor-General, StateCounsel, and a pleader generally or speciallyauthorized by the Attorney-General theMagistrate shall conduct the prosecution,but anything in this section shall notpreclude the Magistrate from availinghimself, if he considers it so desirable, of theassistance of any pleader or public officer inthe conduct of any inquiry.

401. The Solicitor-General and StateCounsel may by the direction either generalor special of the Attorney-General exerciseall or any of the powers, except the powersof entering a nolle prosequi and ofpardoning an accomplice or of sanctioningan appeal from an acquittal, conferred andperform all or any of the duties imposedupon the Attorney-General by this Code.

CHAPTER XXXIV

OF BAIL

402. When any person other than aperson accused of a non-bailable offenceappears or is brought before a court and isprepared at any time at any stage of the'proceedings before such court to give bailsuch person shall be released on bail:

Provided that the court if it thinks fit mayinstead of taking bail from such persondischarge him on his executing a bondwithout sureties for his appearance ashereinafter provided.

403. (1) A Magistrate or a Judge of theHigh Court, at any stage of any inquiry ortrial, as the case may be, may in hisdiscretion release on bail any personaccused of any non-bailable offence, but heshall not except with the sanction of theAttorney-General and subject to theprovisions of the Criminal Procedure(Special Provisions) Law, No. 15 of 1978*,for so long as that Law is in force be soreleased if it is alleged that he hascommitted or been concerned in committingor is suspected to have committed or tohave been concerned in committing anoffence punishable under sections 114, 191and 296 of the Penal Code.

(2) If it appears to the court at any stageof the inquiry or trial as the case may bethat there are not reasonable grounds forbelieving that a person accused of a non-bailable offence has committed suchoffence, but that there are sufficient groundsfor further inquiry or trial the accused shallpending such inquiry be released on hisexecuting a recognizance in such sum andwith or without a surety or sureties as suchcourt may direct conditioned for hisappearance as hereinafter provided.

(3) Where a Magistrate has committedany person for trial for any non-bailableoffence under any of the sections of thePenal Code referred to in subsection (1), theMagistrate shall not release such person onbail without the sanction of the Attorney-General. Where a person is committed bythe Magistrate for trial for any other non-bailable offence under the Penal Code, such

Bail to betaken in caseof bailableoffence.

When bailmaybetaken in caseofnon-bailableoffence.

* See List of Enactments Omitted from the Revised Edition.

II/167


Bail not to beexcessive andthe Court ofAppeal mayadmit to bailin any case.

Bond ofaccused aridsureties.

Dischargefromcustody.

Power toordersufficientbail whenthat firsttaken isinsufficient.

Magistrate may in his discretion releasesuch person on bail.

404. The amount of ' every bondexecuted under this Chapter shall be fixedwith due regard to the circumstances of thecase and shall not be excessive; andnotwithstanding anything to the contrary inthis Code or any other law the Court ofAppeal may in any case direct that anyperson in custody be admitted to bail orthat the bail fixed by the High Court orMagistrate be reduced or increased, or thatany person enlarged on bail by a Judge ofthe High Court or Magistrate to beremanded to custody,

405. (1) Before any person is releasedon bail or released on his own bond a bondfor such sum of money as the officer orcourt as the case may be thinks sufficientshall be executed by such person, and whenhe is released on bail by one. or moresufficient sureties, conditioned that suchperson shall attend at the time and placementioned in the bond and shall continue soto attend until otherwise directed.

(2) If the case so requires, the bond shallalso bind the person released on bail toappear when called upon at the High Courtor other court to answer the charge and tocontinue so to appear on every date towhich the trial may be postponed oradjourned.

406. (1) As soon as the bond has beenexecuted the person for whose appearance ithas been executed shall be released ; andwhen he is in prison the court admitting himto bail shall issue an order of release to theofficer in charge of the prison and suchofficer on receipt of the order shall releasehim.

(2) Anything in this section, section 402,or section 403 shall not be deemed torequire the release of any person liable to bedetained for some matter other than that inrespect of which the bond was executed.

407. If through mistake, fraud, orotherwise, insufficient sureties have been

•accepted or if they afterwards becomeinsufficient, the court may issue a warrantof arrest directing that the person releasedon bail be brought before it and may order

him to find sufficient sureties, and on hisfailing so to do may commit him to prison.

408. (1) All or any sureties for the Dischargeattendance and appearance of a person of

, , . ., . . , . sureties.released on bail may at any time apply tothe court to discharge the bond eitherwholly or so far as relates to the applicants.

(2) On such application being made thecourt shall issue a warrant of arrestdirecting that the person so released bebrought before it.

(3) On the appearance of such personpursuant to the warrant or on his voluntarysurrender the court shall direct the bond tobe discharged either wholly or so far asrelates to the applicants and shall call uponsuch person to find other sufficient sureties,and if he fails to do so may commit him tocustody.

(4) A surety may at any time arrestthe person for whose attendance andappearance he is a surety where such personis absconding and forthwith bring himbefore the court, which shall thereupondischarge such surety's bond and shall callupon such person to find another sufficientsurety, and if he fails to do so shall commithim to custody.

(5) If the court is satisfied that the suretyis a person who habitually stands surety forpersons on whom bail is ordered and thatthe application to have himself discharged iswithout adequate cause, it shall be lawfulfor the court to impose a fine not exceedingone thousand five hundred rupees on suchsurety and in default of payment, to commithim to prison for a period not exceeding sixmonths'simple imprisonment.

CHAPTER XXXV

OF COMMISSIONS FOR THE EXAMINATIONOF WITNESSES

409. Whenever in the course of aninquiry, trial or other proceeding under thisCode it appears to the court that theexamination of a witness is necessary for theends of justice and that the attendance of

Court mayissuecommissionfor takingevidence ofabsentwitness.

II/168


such witnesses cannot be procured withoutan amount of delay, expense, orinconvenience which under thecircumstances of the case would beunreasonable, such court may dispense withsuch attendance and may after notice to theparties issue a commission to a court of likeor inferior jurisdiction within the local limitsof whose jurisdiction such witness resides totake the evidence of such witness.

413. In every case in which a Adjournmentcommission is issued under section 409 the of 'inquiryor trial.inquiry, trial or other proceeding may beadjourned for a specified time reasonablysufficient for the execution and return of thecommission.

CHAPTER XXXVI

Procedureoncommission.

Parties mayforwardinterroga-tories, andaccused orhis pleadermay examinewitness.

Return ofcommission.

410. (1) The court to which thecommission is issued shall on receiving thecommission summon before it the witnessnamed in the commission; or if from illhealth or other cause his attendance cannotreasonably be procured the Judge shallproceed to the place where the witness is.

(2) The evidence of the witness shall betaken down by the Judge in the samemanner and such Judge may for the purposeexercise the same powers as a Magistrateholding inquiries under this Code.

411. (1) The parties to any proceedingunder this Code in which a commission isissued may respectively forward anyinterrogatories in writing which the court inwhich the proceeding has taken place maythink relevant to the issue; and the Judgetaking the examination shall examine thewitness upon such interrogatories.

(2) The accused may appear before suchJudge by pleader or if he is not in custody inperson and may examine, cross-examine,

.and re-examine as the case may be the saidwitness.

412. After any commission has beenduly executed it shall be returned togetherwith the deposition of the witness examinedthereunder to the court out of which itissued and the commission, the returnthereto, and the deposition shall be open atall reasonable times to inspection of theparties and may subject to ail justexceptions be read in evidence in the case byeither party and shall form part of therecord.

SPECIAL PROVISIONS RELATING TOEVIDENCE

414. (1) Any document purporting to bea report under the hand of the GovernmentAnalyst, the Government Examiner ofQuestioned Documents, the Registrar ofFinger Prints, or Government medicalofficer upon any person, matter or thingduly submitted to him for examination oranalysis and report, or the report of aGovernment medical officer based upon anyskiagraph purporting to have been made bya Government Radiologist or suchskiagraph itself and any documentpurporting to be a report under the hand ofsuch radiologist upon such skiagraph, maybe used as evidence in any inquiry, trial orother proceeding under this Code althoughsuch officer is not called as a witness:

Provided that nothing in this section shallaffect the necessity of proving the identity ofthe person, matter or thing so examined oranalysed and reported on.

(2) The depositions regarding anidentification parade (or the notes thereof)held by a Magistrate or Justice of the Peaceand the depositions of the witnesses whoassisted the Magistrate or the Justice of thePeace to hold the parade or affidavits bythem may be given in evidence in anyinquiry, trial or proceeding under this Codealthough the deponents or the Magistrate orthe Justice of the Peace or the witnesses.referred to are not called to testify aswitnesses.

(3) The report of a medical witness otherthan a Government medical officer, madeand attested before a Justice of the Peace,may be given in evidence although suchperson is not called as a witness.

Deposition ofmedical andother specialwitnesses andreports ofGovernmentAnalyst orGovernmentRadiologistsreceivable inevidence incertain cases.

13- II/169


Affidavitsbeforewhom to besworn

(4) The report of any witness made andattested before a Justice of the Peace, andrelating to the custody or disposal of anymatter or thing used in the commission ofan offence or forwarded to any publicofficer for examination or analysis andreport of the accuracy of a plan or survey orsketch made by him may be given inevidence although such person is not calledas a witness.

(5) For the purpose of proving anystatement made by a deceased person, thereport of the Magistrate by whom thestatement was recorded and the person, ifany, by whom it was interpreted may begiven in evidence although such persons arenot called as witnesses,

(6) The court may presume that thesignature on any such document is genuineand that the person signing it held the officehe professed to hold at the time he signedit:

Provided that if in any case the court oftrial is of the opinion that it is necessary orexpedient that, or either party to the caserequests that the Government medicalofficer or other medical witness or theGovernment Analyst or GovernmentExaminer of Questioned Documents orRegistrar of Finger Prints or GovernmentRadiologist or the Magistrate or Justice ofthe Peace or the interpreter or any otherwitness referred to in the precedingsubsections should be present to giveevidence at any particular trial to which thedeposition or report may refer, such officersshall be summoned as witnesses for thepurpose of giving evidence in the samemanner as the other witnesses for theprosecution.

415; An affidavit may be used in acriminal court if it is sworn or affirmed to—

. (o) in Sri Lanka before any Justice of thePeace, or Judge;

(b) in any other place before a Judge orMagistrate, or Justice of the Peaceor other person qualified orauthorized to administer oaths inthat place or in any other waydeemed sufficient by the court; or

(c) before any person authorized by theSupreme Court to receive Oaths outof Sri Lanka.

416. If it be proved that an accused hasabsconded and that there is no immediateprospect of arresting him the courtcompetent to try or commit for trial suchaccused for the offence complained of mayin his absence examine the witnesses (if any)produced on behalf of the prosecution andrecord their depositions. Any suchdeposition may on the arrest of suchaccused be given in evidence against him atthe inquiry into or trial for the offence withwhich he is charged, if the deponent is deador incapable of giving evidence or hisattendance cannot be procured without anamount of delay, expense or inconveniencewhich under the circumstances of the casewould be unreasonable.

417. Where, for the purpose of provingany statement made by a deceased person,the Magistrate by whom the statement wasrecorded and the person, if any, by whom itwas interpreted are examined in the courseof an inquiry into any offence, thedeposition of such Magistrate or of suchperson, taken and attested by any otherMagistrate in the presence of the accused,may be given in evidence at the trial of theaccused, although the deponent is not calledas a witness:

Provided that—

(a) where the Magistrate who commitsthe accused for trial is of opinionthat it is necessary or expedient, or•where either party in the caserequests, that any such deponentshould be present to give evidenceat the trial, such deponent shall besummoned as a witness for thepurpose of giving evidence in thesame manner as the other witnessesfor the prosecution ; and

(b) anything in this section shall notaffect or be deemed to affect thepower of the court of trial tosummon and examine suchdeponent as a witness at any time.

Record ofevidence inthe absenceof accused.

Depositions ofMagistratesandinterpretersreceivable inevidence incertain cases.

II/170


Whenreceivers,&c,, chargedevidence ofother casesallowed.

Memorandumof admissions(if any) tobe filedwith therecord.

Furtherproof ofmailersadmittedunnecessary.

418. Where proceedings are takenagainst any person for having received.goods knowing them to be stolen or forhaving in his possession stolen propertyevidence may be given at any stage of theproceedings that there was found in thepossession of such person other propertystolen within the preceding period of twelvemonths, and such evidence may be takeninto consideration for the purpose ofproving that such person Knew the propertyto be stolen which forms th& subject of theproceeding taken against him.

419. (1) At the conclusion of non-summary proceedings under Chapter XV ifthe accused person through his attorney-at-law agrees to make any admissions of thefacts in issue or of facts relevant to the factsin issue, the Magistrate shall prepare amemorandum of the matters agreed andsuch memorandum shall be read over andexplained to the accused in a language heunderstands. If the accused agrees that suchmemorandum is an accurate record of theadmissions, he shall sign the memorandumand such memorandum shall be filed ofrecord.

(2) At the trial before the High Court thematters admitted in the agreement ;»hall bedeemed to have been duly proved.

(3) The provisions of this section shallnot apply unless the accused wasrepresented by an attorney-at-law at thetime the admissions were made.

420. It shall not be necessary in anysummary prosecution or trial on indictmentfor either party to lead proof of any factwhich is admitted by the opposite party orto prove any documents the authenticityand terms of which are not in dispute andcopies of any documents may by agreementof the parties be accepted as equivalent tothe originals.

Such admissions may be made before orduring the trial.

Such admissions shall be sufficient proofof the fact or facts admitted without otherevidence;

Provided however that this section shallnot apply unless the accused person was

"represented by an attorney-at-law at thetime the admission was made ;

Provided further that where suchadmissions have been made before the trial,they shall be in writing, signed by theaccused and attested as to their accuracyand the identity and signature of theaccused by an attorney-at-law.

CHAPTER XXXVII

PROVISIONS AS TO BONDS

421. When any person is required byany court to execute a bond without suretiessuch court may, except in the case of a bondfor good behaviour, permit him to deposit asum of money either in current coin or notesto such amount as the court may fix in lieuof executing such bond.

422. '(1) Whenever it is proved to thesatisfaction of the court by which a bondunder this Code has been taken, or when thebond is for appearance before a court to thesatisfaction of such court that such bondhas been forfeited, the court shall record thegrounds of such proof and may call uponany person bound by such bond, to pay thepenalty thereof or to,, show cause why itshould not be paid.

(2) If sufficient cause is not shown andthe penalty is not . paid the court mayproceed to recover the same by issuing awarrant for the attachment and sale of themovable or immovable property belongingto such person. - .

(3) Such warrant may be executed withinthe local limits of the jurisdiction of thecourt which issued it and it shall authorizethe distress and sale of any movable orimmovable property belonging to suchperson without such limits when endorsedby the Judge within the local limits of whosejurisdiction such properly is found.

(4) If such penalty be not paid andcannot be recovered by such attachment andsale the person so bound shall be liable by

Deposit ofmoneyinstead ofbond.

Procedure onforfeiture ofbond.

II/171


Power ofFiscal toexecuteconveyanceto purchaser.

Power todirect levyof amountdue onrecognizances.

Order fordisposal ofpropertyregardingwhichoffencecommitted.

order of the court which issued the warrantto simple imprisonment for a term whichmay extend to six months.

(5) The court may at its discretion remitany portion of the penalty mentioned andenforce payment in part only.

423. Whenever immovable property hasbeen sold under the provisions of thisChapter it shall be lawful for the Fiscalunder whose directions the attachment andsale was carried out to execute a conveyancein favour , of the purchaser, and aconveyance so executed shall vest - theproperty sold in the purchaser in likemanner as if such conveyance has beenexecuted by the person against whom thewarrant for the attachment and sale of suchimmovable property was issued.

424. The High Court may direct anyMagistrate to levy the amount due on abond to appear and attend at such HighCourt.

CHAPTER XXXVIII

OF THE DISPOSAL OF PROPERTY THESUBJECT OF OFFENCES

425. (1) When an inquiry or trial in anycriminal court is concluded the court maymake such order as it thinks fit for thedisposal of any document or other propertyproduced before it regarding which anyoffence appears to have been committed orwhich has been used for the. commission ofany offence.

(2) When the High Court makes suchorder and cannot through its own officersconveniently deliver the property to theperson entitled thereto under such order,such court may direct that the order becarried into effect by a Magistrate.

(3) When an order is made under thissection in a case in which an appeal lies suchorder shall not (except when the property islivestock or is subject to speedy and naturaldecay) be carried out until the periodallowed for presenting such appeal haspassed, or when such appeal is presentedwithin such period until such appeal hasbeen disposed of.

(4) In this section the term "property"includes in the case of property regardingwhich an offence appears to have beencommitted not only such property 'as hasbeen originally in the possession or underthe control of any party but also anyproperty into or for which the same mayhave been converted or exchanged andanything acquired by such conversion orexchange whether immediately or otherwise.

426. In lieu of making an order undersection 425 the High Court may direct theproperty to be delivered to a Magistratewho shall in such cases deal with it as if ithad been seized by the police and the seizurehad been reported to him in the mannerhereinafter mentioned.

427. When any person is convicted ofany offence which includes or amounts totheft or receiving stolen property and it isproved that any other person has bought thestolen peoperty from him without knowingor having reason to believe that the samewas stolen and that any money has on hisarrest been taken out of the possession ofthe convicted person, the court may on theapplication of such purchaser and on therestitution of the stolen property to theperson entitled to the possession thereoforder that out of such money a sum notexceeding the price paid by such purchaserbe delivered to him.

428. The Court of Appeal may directany order under the foregoing sections ofthis Chapter made by the High Court or aMagistrate's Court to be stayed pendingconsideration by the Court of Appeal andmay modify, alter or annul such order.

429. (1) On a conviction under sections285, 286, 481 or 482 of the Penal Code thecourt may order the destruction of atl thecopies of the thing in respect of which theconviction was had and which are in thecustody of the court or remain in th?possession or power of the personconvicted.

(2) The court may in like manner on aconviction under sections 265, 266, 267 or268 of the Penal Code order the food, drink,drug or medical preparation in respect ofwhich the conviction was had to bedestroyed, -

In lieu oforderproperty maybe sent toMagistratefor disposal.

Payment toinnocentpurchaser ofmoney foundon accused.

Stay oforder underthis Chapter.

Destructionof libellousand othermatters.

II/172


Power torestorepossession ofimmovableproperty.

Procedure bynoticeupon seizureof propertytaken undersection 29,or stolen.

Procedurewhere noclaimantappearswithin sixmonths.

430. (I) Whenever a person is convictedof an offence attented by criminal force andit appears to the court that by such forceany person has been dispossessed of anyimmovable property, the court may if itthinks fit order such person to be restoredto the possession of the same.

(2) Any such order shall not prejudiceany right or interest to or in suchimmovable property which any person maybe able to establish in a civil suit.

431. (1) The seizure by any policeofficer of property taken under section 29 oralleged or suspected to have been stolen orfound under circumstances which createsuspicion of the commission of any offenceshall be immediately reported to aMagistrate who shall forthwith make suchorder as he thinks fit respecting the deliveryof such property to the person entitled tothe possession thereof, or if such personcannot be ascertained respecting the custodyand production of such property.

(2) If the person so entitled is known theMagistrate may order the property to bedelivered to him on such conditions (if any)as the Magistrate thinks fit. If such person isunknown the Magistrate may detain it andshall in such case publish a notification inthe court notice-board and two other publicplaces to be decided on by the Magistrate,specifying the articles of which suchproperty consists and requiring any personwho may have a claim thereto to comebefore him and establish his claim within sixmonths from the date of such publicnotification.

(3) Such notification may also, if theMagistrate thinks fit, be published at leastonce in newspapers published in Sinhala,Tamil and English if the value of theproperty amounts to two thousand fivehundred rupees or more.

432. If any person within such perioddoes not establish his claim to such propertyand if the person in whose possession suchproperty was found is unable to show that itwas legally acquired by him, such propertyshall be at the disposal of the State and maybe sold under the order? of the Magistrate.

433. If the person entitled to the Power topossession of such property is unknown or selLabsent and the property is subject to speedyand natural decay or the Magistrate towhom its seizure is reported is of opinionthat its sale would be for the benefit of theowner, the Magistrate may at any time directit to be sold and the provisions of sections431 and 432 shall as nearly as may bepracticable apply to the net proceeds of suchsale.

CHAPTER XXXIX

OF IRREGULARII FtiS IN PROCEEDINGS

434. Any judgment of any criminal Proceedings .court shall not be set aside merely on the ln 'wrongground that the inquiry, trial, or other p l a c eproceedings in the course of which it waspassed took place in a wrong local areaunless it appears that such error occasioneda failure of justice.

435. If any court', before which a Non-deposition of a witness or a statement of an complianceaccused recorded under the provisions of provisions ofthis Code is tendered in evidence finds that Code.the provisions of this Code have not beenfully complied with by tbe Magistraterecording the evidence or statement, it maytake evidence that such witness or accusedduly gave the evidence or made the .statement recorded; and notwithstandingsection 91 of the Evidence Ordinance suchevidence or statement shall be admitted ifthe error has not injured the accused as tohis defence on the merits.

436. Subject to the provisionshereinbefore contained any judgment passedby a court of competent jurisdiction shallnot be reversed or altered on appeal orrevision on account—

(a) of any error, omission, or irregularityin the complaint, summons,warrant, charge, judgment,summing up, or other proceedingsbefore or during trial or in anyinquiry or other proceedings underthis Code; or

(b) of the want of any sanction requiredby section 135,

unless such error,- omission, irregularity, orwant has occasioned a failure of justice.

Finding orsentence whenreversible byreason of erroror omission incharge or otherproceedings.

II/173


Distress notillegal fordefect inproceedings.

Jurisdictionto deal withfugitivepersons.

Power tosummonmaterialwitness orexaminepersonpresent.

Power ofcourt toorderprisoner injail to bebrought upforexamination.

Moneyordered tobe paidrecoverableas Fines.

Copies ofanydepositionor otherpart ofrecord.

437. Any distress made under this Codeshall not be deemed unlawful nor shall anyperson making the same be deemed atrespasser on account of any defect or wantof form in the summons or other previousconviction, writ of distress, or otherproceedings relating thereto.

CHAPTER XL

GENERAL PROVISIONS

438. Jurisdiction relating to fugitivepersons shall be exercised in accordancewith the law in force for the time beingrelating to fugitive persons and theirextradition.

439. Any court may at any stage of aninquiry, trial, or other proceeding under thisCode summon any person as a witness orexamine any person in attendance thoughnot summoned as a witness or recall and re-examine any person already examined ; andthe court shall summon and examine orrecall and re-examine any such person if hisevidence appears to it essential to the justdecision of the case.

440. (1) Any criminal court desirous ofexamining as a witness in any case pendingbefore the court any person confined in anyprison may issue an order to the officer incharge of the said prison requiring him tobring such prisoner in proper custody at atime to be therein named to the court forexamination.

(2) The officer so in charge on receipt ofsuch order shall act in accordance therewithand shall provide for the safe custody of theprisoner during his absence from the prisonfor the purpose aforesaid.

441. Any money (other than a fine)payable by virtue of any order made underthis Code shall be recoverable as if it were afine.

442. If any person affected by ajudgment or final order of a criminal courtdesires to have a copy of any deposition orother part of the record he shall on applyingfor such copy be furnished therewith by thecourt upon payment therefor at the rate of

twenty-five cents for one hundred words asthe court may direct, unless the court forsome special reason thinks fit to furnish itfree of cost.

443. The Registrar of the court shallwithout delay, upon application made tohim issue—

(a) to the Attorney-General who shall beexempt from any payment; or

(b) to the complainant or to everyaccused person on payment made atthe rates mentioned in section 442,

a certified copy of the whole or any part asdesired of the proceedings (whether pendingor concluded) against such accused person.

444. (1) Every inquirer or officer incharge of a police station shall issue to everyaccused person or his attorney-at-law whoapplies for it a duly certified copy of thefirst information relating to the commissionof the offence with which he is charged andof any statement made by the person againstwhom or in respect of whom the accused isalleged to have committed an offence.

(2) In every proceeding under this Codethe production .of-a certified copy of anyinformation or statement obtained undersubsection (1) shall be prima facie evidenceof the fact that such information was givenor that such statement was made to theinquirer or police officer by whom itwas recorded ; and notwithstanding theprovisions of any other law, it shall not benecessary to call such inquirer or officer as awitness solely for the purpose of producingsuch certified copy.

(3) In the course of a trial in aMagistrate's Court, the Magistrate may, inthe interests of justice, make available to theaccused or his attorney-at-law for perusal inopen court the statement recorded undersection 110 of any witness whose evidence isrelied on by the prosecution in support ofthe charge against the accused.

445. (1) Rules may be made undersection 453 consistent with this Code andmilitary law or any similar law for the timebeing in force as to the cases in whichpersons subject to military law shall be tried

Attorney-General.complainantand accusedperson entitledto certifiedcopy of wholeor part ofproceedingswhetherconcludedor pending.[§14,52 of1980J

Accusedpersonentitled tocopy offirstinformation.

Delivery tomilitaryauthorities of.personscapable ofbeing tried bycourt martial.

II/174


by a court to which this Code applies ; andwhen any person is brought before aMagistrate and charged with an offence forwhich he is liable to be tried under militarylaw, such Magistrate shall have regard tosuch rules and shall in proper cases deliverhim together with a statement of the offenceof which he is accused to the commandingofficer of the ship, regiment, corps ordetachment to which he belongs or to thecommanding officer of the nearest naval,military or air force station, as the case maybe, for the purpose of being tried inaccordance with military law.

In .this subsection the expression" military law " includes the Army Act, theNavy Act, and the Air Force Act, and theexpression " person subject to military law "includes all persons subject to any one ofthe said Acts.

Summarytrial ofwitness onalternativecharges forgiving falseevidence.

may compel compliance with such orderusing such force as may be necesssary,

448. (1) If in the course of any trialbefore the High Court any witness shall onany material point contradict eitherexpressly or by necessary implication theevidence previously given by him at theinquiry before the Magistrate, it shall belawful for the presiding Judge, upon theconclusion of such trial, to have suchwitness arraigned and tried on anindictment for intentionally giving falseevidence in a stage of a judicial proceeding.The indictment shall be prepared and signedby the Registrar, and the accused may betried by the same jury where the first-mentioned trial was by jury or by the Judgesitting alone where the first-mentioned trialwas without a jury.

(2) Every Magistrate shall on receiving awritten application for that purpose by thecommanding officer of any body of troopsstationed or employed at any such place usehis utmost endeavours to apprehend andsecure any person accused of such offence.

(2) At such trial it shall be sufficientto prove that the accused made thecontradictory statements alleged in theindictment, and it shall not be necessary toprove which of such statements is false.

Personreleased onbail to giveaddress forservice. •

Power tocompelrestorationof abductedfemales.

446. When any person is released onbail or on his own bond he shall give to thecourt or officer taking such bail or bond anaddress at which service upon him of allnotices and process may be made, and inany case where such person cannot be foundor for other reasons such service on himcannot be effected any notice or process leftfor such person at such address shall bedeemed to have been duly served upon him.

447. Upon complaint made to aMagistrate on oath of the abduction orunlawful detention of a woman or of afemale child under the age of fourteen yearsfor any unlawful purpose he may after suchinquiry as he may deem fit, if such womanor child is within his division, make anorder for the immediate restoration of suchwoman to her liberty or of such female childto her parent, guardian, or other personhaving the lawful charge of such child and

(3) The presiding Judge may, if heconsiders expedient, adjourn the trial ofsuch witness for such period as he maythink fit, and may commit such witness tocustody or take bail in his own recognizanceor with sureties for his appearance. Suchadjourned trial shall where the trial was byjury, be held before the same or any otherjury as the Judge shall direct.

449. (1) If any person giving evidence Summaryon any subject in open court in any judicial punishment

,. , . . „ , . • ,, for perjuryproceeding under this Code gives, in the in open court.opinion of the court before which thejudicial proceeding is held, false evidencewithin the meaning of section 188 of thePenal Code it shall be lawful for the court,if such court be the Supreme Court orCourt of Appeal or High Court, summarilyto sentence such witness as for a contemptof the court to imprisonment either simpleor rigorous for any period not exceedingtwo years or to fine such witness in any sumnot exceeding one thousand rupees; or ifsuch court be an inferior court to order such

II/175


witness to pay a fine not exceeding fivehundred rupees or to undergo rigorous orsimple imprisonment for any period notexceeding three months. Whenever thepower given by this section is exercised by acourt other than the Supreme Court orCourt of Appeal, the Judge of such courtshall record the reasons for imposing suchsentence.

(2) Any person who has undergone anysentence of imprisonment or paid any fineimposed under this section shall not beliable to be punished again for the sameoffence.

(3) Any person against whom any orderis made by any court other than theSupreme Court or Court of Appeal undersubsection (1) may appeal to the Court ofAppeal and every such appeal shall besubject to the provisions of this Code.

(4) In lieu of exercising the power givenby this section the court may if it thinks fittransmit the record of the judicialproceeding to the Attorney-General toenable him to exercise the powers conferredon him by this Code.

indictment, or upon information exhibitedby the Attorney-General.

(4) Notwithstanding anything to thecontrary in this Code or an/other law, theAttorney-General may exhibit to the HighCourt information in respect of any offenceto be tried before the High Court at Bar bythree Judges without a jury.

(5) A trial before the High Court at Barunder this section shall be held as speedilyas possible and shall proceed as nearly aspossible in the manner provided for trialsbefore the High Court without a jurysubject to such modifications as may beordered by the court or as may beprescribed by rules made under this Code.

(6) At any trial before the High Courtunder this section, the court or the presidingJudge thereof, may give directions for thesummoning, arrest, custody or bail of allpersons charged before the court onindictment or by information exhibitedunder this section:

Provided, however, that any such personshall not be admitted to bail except with theconsent of the Attorney-General.

Three Judgesof the HighCourt atBar maytry withoutjury incertain cases.

450. (1) Notwithstanding anything tothe contrary in any other written law or anyother provision of this Code, the trial of anyperson for any offence punishable undersections 114, 115 or 116 of the Penal Codeshall be held before the High Court at Barby three Judges without a Jury.

(2) Where the Chief Justice is of theopinion that owing to the nature of theoffence or the circumstances of and relatingto the commission of the offence, in theinterests of justice a trial at Bar should beheld, the Chief Justice may by order underhis hand direct that the trial of any personfor that offence shall be held before theHigh Court at Bar by three Judges withouta jury.

(3) A trial before the High Court underthis section may be held either upon

(7) Any person indicted or charged on aninformation before the High Court underthis section may at least two weeks beforethe commencement of such trial, byapplication in writing to the High Courtrequest that he be furnished with copies ofthe statements made by the witnesses whomthe prosecution intends to call and of thedocuments the prosecution intends toproduce at the trial and the court may directthat copies of all such statements ordocuments, or of only such statements ordocuments as the court in its discretionthinks fit, be given by the Attorney-Generalto such person.

• (8) The trial of any person before theHigh Court under this section maycommence or continue in the absence ofsuch person if the court is satisfied that he is

II/176


Nomination ofJudges andappeals.

absconding or feigning illness or has left theIsland or being present, obstructs orimpedes the progress of the trial.

451. (1) In every case of a trial at Barbefore the High Court under section 450,the relevant provisions of the Judicature Actshall apply on the question of thenomination of the Judges of the Court andthe place where such trial shall be held.

453. (1) Without prejudice to theprovisions of Article 136 of theConstitution, the Chief Justice with anythree Judges of the Supreme Court mayfrom time to time make rules for carryingout or giving effect to the principles andprovisions of this Code, for prescribingforms for every proceeding in all courts forwhich the Chief Justice considers that aform should be provided for or for mattersin respect of which rules are authorized bythis Code to be made.

Power ofSupremeCourt tomake rules.

(2) Anything to the contrary in this Codeor any other law notwithstanding anaccused person may appeal f rom anyjudgment, sentence or order pronounced ata trial held under section 450. Such appealshall be to the Court of Appeal and shall beheard by a Bench of not less than five Judgesof that Court nominated by the President ofthe Court of Appeal. It shall be lawful forthe President of the Court of Appeal tonominate himself to such Bench.

(2) Rules made under subsection (1) shallbe made in the manner provided for inArticle 136 of the Constitution.

454. Subject to the power conferred by Forms.section 453 the forms set forth in the SecondSchedule with such variation as thecircumstances of each case require shall beused for the respective purposes thereinmentioned.

Custody ofwomen andpersonsundersixteen yearspendinginquiry ortrial.

(3) The provisions in this Code and ofany other written law governing appeals tothe Court of Appeal from judgments,sentences and orders of the High Court incases tried without a jury shall mutatismutandis apply to appeals under subsection(2).

452. In every case where the committalor remand of any person to custody pendinginquiry or trial is authorized by any writtenraw, the court may, if such person is awoman or under the age of sixteen years, inlieu of committing or remanding suchperson to the custody of the superintendentof a prison, direct that for the period torwhich such committal or remand mayotherwise have been ordered under that law,such person shall remain in the custody of aprobation officer or in an approved home.

In this section ".approved home" meanshome or other similar institution for womenor persons under the age of sixteen years,which has been approved by the Minister bynotification published in the Gazette.

Publicservants notto bid at salesunder thisCode.

Period ofprescriptionfor crimesor offences.

455. A public servant having any dutyto perform in connection with the sale ofany property under this Code shall notpurchase or bid for the property at suchsale.

456. The right of prosecution formurder or treason shall not be barred byany length of time, but the right ofprosecution for any other crime or offence(save and except those as to which specialprovision is or shall be made by law) shallbe barred by the lapse of twenty years fromthe time when the crime or offence shallhave been committed.

456A. The failure to comply with anyprovision of this Code shall not affect or bedeemed to have affected the validity of anycomplaint, committal or indictment or theadmissibility of any evidence unless suchfailure has occasioned a substantial [§15,52 of 1980.]miscarriage of justice.

458*. (1) The Minister may make Regulations.regulations in respect of matters for whichregulations are authorized by this Code tobe made.

Failure tocomply withCode not toaffect validityof complaint,&c.

* Section 457 (Repeal and Savings) omitted from this Edition—See List of Enactments Omitted from theRevised Edition.

II/177


(2) -Every regulation made by theMinister under subsection (1) shall bepublished in the Gazette and shall come intoforce on the date of such publication or onsuch later date as may be specified in theregulation.

(3) Every regulation shall as soon asconvenient after publication in the Gazette

be brought before Parliament for approvaland any regulation which is not so approvedshall be deemd to be rescinded as from thedate of disapproval but without prejudice toanything previously done thereunder.

(4) The date on which any regulation isso deemed to be rescinded shall bepublished in the Gazette.

II/178

-^——^————————————^——-^———.l.«l^.l,.l.,...I.^...I....PI.^————^-^—*-————^^».»,—————^—

FIRST SCHEDULE i§ 33. 2 of 1978,.idGazette Extry. No.

•[Sections 10 and 11] 43/4 of 1979-07-02]

TABULAR STATEMENT OF OFFENCESExplanatory Notes

(1) The entries in the second and seventh columns of this schedule, headed respectively " Offence " and " Punishment under the Penal Code ", are not intended as definitions of theoffences and punishments described in the several corresponding sections of the Penal Code, or even as abstracts of those sections, but merely as references to the subject of the sections, the number ofwhich is given in the first column.

(2) The entries in the third column of this Schedule are not intended in any way to restrict the powers of arrest without warrant which may be lawfully exercised by peace officers.

1Section

2Offence

3Whether Peace

Officer may arrestwithout warrant ~

or not

4Whether a

warrant or asummons shall

ordinarily issue infirst instance

5Whether

bailable or not

6Whether

compowidableor not

7Punishmentunder the

Penal Code

8By what Court

other than HighCourt triable

CHAPTER V—ABETMENT

102.

;•

103.

104.

106.

Abetment; of any offence,if the act abetted iscommitted inconsequence, and whereno express provision ismade for its punishment*

Abetment of any offence,if the person abetted doesthe act with a differentintention from that of theabettor

Abetment of any offence,when one act is abettedand a different act isdone, subject to theproviso

Abetment of any offence,when an effect is causedby the act abetteddifferent from thatintended by the abettor

May arrestwithout warrant ifarrest for theoffence abettedmay be madewithout warrant,but not otherwise

Same

Same

Same

According as awarrant orsummons mayissue for theoffence abetted

Same

Same

Same

According as theoffence abetted isbailable or not

Same

Same

Same

According as theoffence abetted iscompoundable ornot

Same

Same

Same

The same punishmentas for the offenceabetted

Same

The same punishmentas for the offenceintended to beabetted

.The same punishmentas for the offencecommitted

The court (includingthe Primary Court)by which the offenceabetted is triable.



The court (includingthe Primary Court)by which the offenceabetted, is triable.

/Section

107.

108.

109.

110.

111.

. 2Offence

Abetment of any offence,if abettor is present whenoffence is committed

•,

Abetment of an offence,punishable with death ifthe offence be notcommitted inconsequence of theabetment

If an act which causesharm be done inconsequence of theabetment

Abetment of an offencepunishable withimprisonment, if theoffence be not committedin consequence of theabetment

If the abettor, or theperson abetted, be apublic servant whoseduty it is to prevent theoffence

Abetting the commissionof an offence by thepublic or by more thanten persons

Concealing a design tocommit an offencepunishable with death orimprisonment for twentyyears, if the offence becommitted

3Whether Peace

Officer may arrestwithout warrant

or not

May arrestwithout warrant ifarrest for theoffence abettedmay be madewithout warrant,but not otherwise

Same

Same

Same

Same

Same

Same

4Whether a



According as awarrant orsummons mayissue for theoffence abetted

Same

Same.

Same

Same

Same

Same

5Whether

bailable or not


Not bailable

Same


Same

•

Same

Not bailable

6Whether

compoundableor not


Not compoundable

Same


Same

Same

Not compoundable


Penal Code

The same punishmentas for the offencecommitted

Imprisonment ofeither description forseven years and fine

Imprisonment ofeither description forfourteen years, andfine

Imprisonment extendingto a quarter part ofthe longest term, andof any descriptionprovided for theoffence or fine, orboth

Imprisonment extendingto half of the longestterm, and of anydescription providedfor the offence, orfine, or both

Imprisonment ofeither description forthree years, or fine, orboth

Imprisonment ofeither description, forseven years, and fine

8By what Court



The court by whichthe offence abetted istriable.




1



112.

113.

If the offence be notcommitted •

A public servantconcealing a design tocommit an offence whichit is his duty to prevent ifthe offence be committed

If the offence bepunishable with death

If the offence be riotcommitted

Concealing a design tocommit an offencepunishable withimprisonment, if theoffence be committed

If the offence be not'committed

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

,

Same .

Same

Same


Not bailable


Same

Same

Same

Same

Same

Same

Same

Same

Imprisonment ofeither description forthree years, and fine

Imprisonment extendingto half of the longestterm, and of anydescription providedfor the offence, orfine or both

Imprisonment ofeither description forten years

Imprisonment extendingto a quarter part ofthe longest term andof any descriptionprovided for theoffence^ or, fine orboth.Imprisonment extendingto a quarter part ofthe longest term, andof any descriptionprovided for theoffence, or fine, orboth

Imprisonment extendingto one eighth part ofthe longest term, andof the descriptionprovided for theoffence, or fine, orboth







CHAPTER VA—CONSPIRACY113B Conspiracy for the

commission or abetmentof any offence

May arrestwithout warrant ifarrest for theoffence which isthe object of theconspiracy may bemade withoutwarrant but nototherwise

According as awarrant orsummons mayissue for theoffence which isthe object of theconspiracy

According as theoffence which isthe object of theconspiracy isbailable or not

Not compoundable The same punishmentas that provided forthe abetment of theoffence which is theobject of theconspiracy

Magistrate's Court ifthe offence which isthe object of theconspiracy is triableby the Magistrate'sCourt.

/Section

2Offence

3Whether Peace


or not

4Whether a



5Whether

bailable or not

6Whether

compoundableor not


Penal Code

8By what Court


CHAPTER VI—OFFENCES AGAINST THE STATE

114.

115.

116.

117.

118.

119.

Waging, or attempting towage war, or abettr i; thewaging of war against theRepublic of Sri Lanka.'

Conspiring to commitcertain offences relatingto the Republic

Coilecting arms, &c.,with the intention ofwaging war against theRepublic of Sri Lanka

Concealing with intent tofacilitate a design towage war

Attempt to bring thePresident into contempt

Assaulting President &c.,with intent to compel orrestrain the exercise ofany lawful power

May arrestwithout warrant

Same

Same

Same

Same

Same

Warrant

>

'Same

Same

Same

Same

Same

Not bailable

Same

Same

Same

Same

Same

Not compoundable

Same

Same

Same

Same

Same

In the case of personsunder the age ofsixteen years,detention during thePresident's pleasureand forfeiture ofproperty. In the caseof pregnant women,imprisonment for life,and forfeiture ofproperly. In all othercases, death orimprisonment ofeither descriptionwhich shall extend toat least ten years butshall not extend tomore than twentyyears and forfeitureof property

Imprisonment ofeither description fortwenty years, and fine

Imprisonment ofeither description fortwenty years andforfeiture of property

Imprisonment ofeither description forten years, and fine

Simple imprisonmentfor two years and fine


120.

121.

122.

123.

124.

125.

'126.

Exciting, or attemptingto excite, disaffection

Waging war against anyPower in alliance or atpeace with the Republicof Sri Lanka, or abettingthe waging of such war

Committing depredationon the territories of anyPower in alliance or atpeace with the Republicof Sri Lanka

Receiving property takenby war or depredation,mentioned in sections121 and 122.

Public servantvoluntarily allowingprisoner of State or warin his custody to escape

Public servantnegligently sufferingprisoner of State or war,in his custody, to escape

Aiding escape of,rescuing or harbouringsuch prisoner, or offeringany resistance to therecapture of suchprisoner

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Bailable

Not bailable

Same

Same

Same

Same

Same

Same

Same

Simple imprisonmentfor two years

Imprisonment ofeither description forten years and fine, orfine

Imprisonment ofeither description forseven years and fine.and forfeiture ofcertain property

Imprisonment ofeither description forseven years and fine,and forfeiture , ofcertain property

Imprisonment ofeither description fortwenty years and fine

Simple imprisonmentfor three years, andfine


•

CHAPTER VII—OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

128.

129.

Abetting mutiny^ orattempting to seduce anofficer, soldier, sailor, orairman from hisallegiance or duty

Abetment of mutiny, ifmutiny is committed inconsequence thereof

May arrest with-out warrant

Same

Warrant

Same

Not bailable

Same

Not compoundable

Same

Imprisonment ofeither description fortwenty years and fine

Death or imprisonmentof either descriptionfor twenty years, andfine

1Section

130.

131.

132.

133.

134.

135.

137.

2Offence

Abetment of an assaultby an officer, soldier,sailor or airman, ^-n hissuperior officer, when inthe execution of hisoffice

Abetment of huchassault, if the assaui; iscommitted

Abetment of in 'desertion of an officer,soldier, sailor or airman

Harbouring such anofficer, soldier, sailor orairman who has deserted

Deserter concealed onboard merchant vesselthrough negligence ofmaster or person incharge thereof

Abetment of act ofinsubordination by anofficer, soldier, sailor, orairman, if the offence becommitted in consequence

Wearing the dress orcarrying any token usedby soldier, sailor orairman with intent that itmay be believed that heis such soldier, sailor orairman

3Whether Peace


or not


Same

Same

Same

Shall not arrestwithout warrant


Same

4Whether a

•warrant or asummons shall


Warrant

Same

Same

Same

Summons

Warrant

Summons

5Whether

bailable or not

Not bailable

Same

Bailable

Same

Same

Same

Bailable

6Whether

compoundableor not

Not compoundable

Same

Same

Same

Same

Same

Same


Penal Code


Imprisonment ofeither description forseven years, and fine

Imprisonment ofeither, description fortwo years, or fine, orboth

Same

Fine of five hundredrupees

Imprisonment ofeither description forsix months, or fine orboth

Imprisonment ofeither description forthree months, or fineof one hundredrupees, or both

. 8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

CHAPTER VIII—OFFENCES AGAINST THE PUBLIC TRANQUILITY140. Being a member of aa

unlawful assemblyMay arrestwithout warrant

Summons Bailable Not compoundable Imprisonment ofeither description forsix months or fine, orboth '

Magistrates Court.

141. |E'^ '

j

142. ,f

.. .. .

144.

145.

146.

147.

148.

149.

150.

.joining an unlawful

assembly armed with anydeadly weapon:

Joining or condnuing inan unlawful assemblyknowing that it has beencommanded to disperse

Rioting

Rioting, armed with adeadly weapon

If an offence becommitted by anymember of an unlawfulassembly, every othermember of such assemblyshall be guilty of theoffence

Hiring, engaging, oremploying persons totake pirt in an unlawfulassembly

Knowingly joining orcontinuing in anyassembly of five or morepersons after it has beencommanded to disperse

Assaulting or obstructingpublic servant whensuppressing riot, Sic.

Wantonly givingprovocation with intenttocause riot, if rioting becommitted.

If not committed

Same'

Same

;f

Same

Same

According asarrest may bemade, withoutwarrant, for theoffence or not

May arrestwithout warrantr

Same

Same

Same

Same

Warrant

Same

Same

Same

According as awarrant orsummons mayissue for theoffence

According as tothe offencecommitted by theperson hired,engaged, oremployed

Summons

Warrant

Same

Summons

Same\ !

Same

Same

Same

According as theoffence is bailable,or not

According as theoffence is bailableor not

Bailable

Same

Same

Same

Same

Same

.. -

Same

Same

According as theoffence iscompoundaUe ornot

Not compoundaUe

Same

Same

Same

Same

Imprisonment ofeither description fortwo years, or fine, orboth

Same

Same

Imprisonment of.either description forthree years, or fine, orboth

The same as for theoffence

The same as for amember of suchassembly, and for anyoffence committed byany member of suchassembly

Imprisonment ofeither description forsix months, or fine,or both

Imprisonment ofeither description forthree year's, or fine, orboth

Imprisonment ofeither description forooe year, or fine, orboth


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

The court by whiclkthe offence is triable.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

151.

152.

153.

154.

155.

157.

2Offence

Owner or occupier ofland not givinginformation of riot, &c.

Person'for whose benefitor on whose behalf a riottakes place, not using alllawful means to preventit

Agent of owner oroccupier for whosebenefit a riot iscommitted, not using alllawful means to preventit

'Harbouring personshired for an unlawfulassembly

Being hired to take partin an unlawful assemblyor riot

Or to go armed

Committing affray

3Whether Peace,


, or not


Same

Same

May arrestwithout warrant'

Same-

Same

Same

4Whether a



Summons

Warrant

Same

Same

Same

Same

Summons

5 ••- •Whether

bailable or not

Bailable

Same

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same

Same

Same

Compoundable


Penal Code

Fine of one thousandrupees

Fine

Same

Imprisonment ofeither description forsix months, or Hoe,or both



Imprisonment ofeither description forone month, or fine ofone hundred rupees,or both

8By what Court


Magistrate's Court..

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.'

Magistrate's Court.

Magistrate's Court

Magistrate's Court.Primary Court.

CHAPTER IX—OFFENCES BY OR RELATING TO PUBLIC SERVANTS

158. Being or expecting to bea public servant, andtaking a gratificationother than legalremuneration in respectof an official act


Summons Bailable Not compoundable Imprisonment ofeither description forthree years, or fine, orboth

Magistrate's Court.

159.

160.

161.

162.

163.

164.

165.

166-

Taking a gratification inorder, by corrupt orillegal means, toinfluence a public servant

Taking a gratification forthe exercise of personalinfluence with a publicservant

Abetment by publicservant of the offencesdefined in the last twopreceding clauses withreference to himself

Public servant disobeyinga direction of the lawwith intent to causeinjury to any person

Public servant framingan incorrect documentwith intent to causeinjury •

Fraudulent or maliciousinfraction of duty bypublic servant in Posts orTelecommunicationsDepartment

Misconduct by publicservant in Posts orTelecommunicationsDepartment

Fraud by public servantin Posts or Telecommu-nications Department

Injury to messages, &c.,committed by publicservants in Posts orTelecommunicationsDepartment

Same

Same

Same

Same

Same

Same

Same


Same

Same

Same

Same

Same

Same

Same

Same

Warrant

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Simple imprisonmentfor one year, or fine,or both


Simple imprisonmentfor one year, or fine,or both



Imprisonment ofeither description forthree months, or finewhich may extend tofifty rupees, or both

Imprisonment ofeither descriptionwhich may extend totwo years, or fine, orboth

Imprisonment ofeither description forseven years, or fine,or both

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

168. Personating a puMic Sameservant

Same Same Same Imprisonment ofeither description {o&two years, or fine, wboth

Magistrate's Court.

•, :

,•_ '*. • '• • ','^"^11. ••" •w-

^

/Section

169.

2Offence

Wearing garb or carryingtoken used by publicservant with fraudulentintent

3Whether Peace


or not


4Whether a

, warrant or asummons shall


Summons

i

s ' " "Whether

bailable of not

Bailable

6Whether

compoundableor not

Not compoundable


Penal Code


8By what Court


Magistrate's Court.

CHAPTER IXA—OFFENCES RELATING TO ELECTIONS

169E.

169F.

169G.

169H.

Bribery in connectionwith an election

If bribery by treating

Undue influence at anelection

Personation at anelection

False statement inconnection with anelection

Failure to keep electionaccounts


Same

Same

Same

Same

Same

Summons

Same

Same

Same

Same

Same

Bailable

Same

Same

Same

Same

Same

Not compoundable

Same

Same-

Same

Same

Same

Fine of five hundredrupees.

Fine of two hundredrupees

Fine of five hundredrupees

Fine of three hundredrupees

Fine

Fine of three hundredrupees

Magistrate's Court.

Magistrate's Court.f

Magistrate's Court.

Magistrate's Court-

Magistrate's Court.

Magistrate's Court.

CHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS170.

171;

Absconding to avoidservice of summons ororder proceeding from apublic servant

If summons or noticerequire attendance inperson, &c., in a Courtof Justice

Preventing the service orthe affixing of anysummons or notice orthe removal of it when ithas been affixed, orpreventing a proclamation


Same

Same

Summons

Same

Same

Bailable

Same

Same

Not compoundable

Same

Same

Simple imprisonmentfor one month,or fineof fifty rupees, orboth

Simple imprisonmentfor six months, orfine of one hundredrupees, or both

Simple imprisonmentfor one month, orfine of fifty rupees, orboth




If summons. Sec. requireattendance in person,&c., in a Court ofJustice.

172 . Not obeying a legal orderto attend at a certainplace in person or byagent, or departingtherefrom withoutauthority.

If the order requirepersonal attendance, &c.,in a Court of Justice.

173 . Intentionally omitting toproduce a document to apublic servant by aperson legally bound toproduce or deliver suchdocument

If the document isrequired to be producedin or delivered to a Courtof Justice.

174. Intentionally omitting togive notice orinformation to a publicservant by a personlegally bound to givesuch notice orinformation

If the notice orinformation requiredrespects the commissionof an offence, &c.

175. Knowingly - furnishingfalse information to apublic servant

If the informationrequired respects thecommission of anoffence, &c.

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same


Simple imprisonmenttor one month, orfine of fifty rupees, orboth.

Simple imprisonmentfor six months, orfine of one hundredrupees, or both.



Simple imprisonmentfor one month, orfine of fifty rupees, orboth.

Simple imprisonmentfor six roonths,or Hueof one hundredrupees, or both

Same

Imprisonment ofeither-description fortwo years, or fine, orboth


Magistrate's Court.Primary Court;


The court in whichthe offence iscommitted subject tothe provisions ofChapter XXXII; or,if not committed in a

'court, a Magistrate'sCourt; PrimaryCourt.


Magistrate's Court-Primary Court.


Magistrate's Court.

Magistrate's Court.

•I-.'- ••

Section

176.

177.

178.

179.

,180.

181.

182.

iOffence

Refusing oath when dulyrequired to take oath bya public servant

Being legally bound tostate truth, and refusingto answer questions

Refusing to sign astatement made to apublic servant whenlegally required to do so

Knowingly stating to apublic servant on oath,as true, that . which isfalse

Giving false informationto a public servant inorder to cause him to usehis lawful power to theinjury or annoyance ofany person

Resistance to the takingof property by the lawfulauthority of a publicservant

Obstructing sale ofproperty offered for saleby authority of a publicservant

3Whether Peace


or not


Same

Same

Same

Same

Same

Same

4Whether a



Summons

Same

Same

Warrant

Summons

Same

Same

>

' ' 5Whether

bailable or not

Bailable

Same

Same

i

Same' i ' .

Same

Same

Same

'

6Whether

„ :wnpoundableor not

Not compoundable

Same

Same

,.*

Same

Same

Same

Same

. ' • > . 7Punishmentunder the

Penal Code

Simple imprisonmentfor six months, orfine of one hundred.rupees, or both

Same,

Simple imprisonmentfor three months, orfine of one hundredrupees, or both


Imprisonment ofeither description forsix months, or fine ofone thousand rupees,or both

Imprisonment ofeither description forsix months, or fine ofone hundred rupees,or both

Imprisonment ofeither description forone month, or fine ofone hundred rupees,or both

8By what Court


The court in whichthe offence iscommitted, subject tothe provisions ofChapter XXXII ; or,if not committed in acourt, a Magistrate'sCourt.

The court in whichthe offence iscommitted, subject tothe provisions ofChapter XXXII ; orif Dot committed in acourt, a Magistrate'sCourt.


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.


183.

184.

185.

186.

187.

Obstructing publicservant in discharge ofhis public functions

Omission to assist publicservant when bound bylaw to give suchassistance

Wilfully neglecting to aida public servant whodemands aid in theexecution of process, .theprevention of offences,etc.

Disobedience to an orderlawfully promulgated bya public servant, if suchdisobedience causesobstruction, annoyance,or injury to personslawfully employed

If such disobediencecauses danger to humanlife health, or safety, etc.I

Threatening a publicservant with injury tohim ; or one in whom heis interested ; to inducehim to do or forbear todo any official act

Threatening any personto induce him to refrainfrom making a legalapplication forprotection from injury

Same

Same

Same

Same

Same

Same

.

Same

Same

Same

Same

Same

Same

Same

Same

•

Same

Same

Same

Same

Same

Same

Same

Same

Same -

Same

Same

Same

Same

Same


Simple imprisonmentfor one month, orfine of fifty rupees,orboth

Simple imprisonmentfor six months.or fineof one hundredrupees, or both

Simple imprisonmentfor one month, or fineof fifty rupees, orboth

Imprisonment ofeither description forsix months or fine ofone hundred rupees,or both


Imprisonment ofeither description forone year, or fine, orboth






Magistrate's Court.

Magistrate's Court.

CHAPTER XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

190. Giving or fabricatingfalse evidence in ajudicial proceeding


Warrant Bailable Not compoundable Imprisonment ofeither description forseven years, and fine

Magistrate's Court.

/Section

191.

192.

193-

194.

195.

2Offence

Giving or fabricatingfalse evidence in anyother case

Giving or fabricatingfalse evidence with intentto cause any person to beconvicted of a capitaloffence

If innocent person bethereby convicted andexecuted

Giving or fabricatingfalse evidence with intentto procure conviction ofan offence punishablewith imprisonment forseven years or upwards

Using, in a judicialproceeding, evidenceknown to be' false orfabricated

Knowingly issuing orsigning a false certificaterelating to any fact ofwhich such certificate isby law admissible inevidence

Using as a truecertificate, one known tobe false in a materialpoint

3Whether Peace


or not


Same

Same

^

Same

Same

Same

Same

4Whether a



Warrant

Same

Same

Same

Same

Same

Same

5Whether

bailable or not

Bailable

Not bailable

Same

Same

According as theoffence of givingsuch evidence isbailable or not

Bailable

Same

0Whether

compoundable. • or not

Not compoundabte

Same

Same

Same«

Same

Same

Same


Penal Code


Rigorous imprison-ment for ten years,and fine

In the case of personsunder the age ofsixteen years,detention during thePresident's pleasure.In the case ofpregnant women,imprisonment for life.In all other cases,death

The same as for theoffence

The same as forgiving or fabricatingfalse evidence

The same as forgiving false evidence

Same

8By what Court

other than highCourt triable

Magistrate's Court.

Magistrate's Court.

Magistrate's Court

Magistrate's Court.

196. False statement made inany declaration which isby law receivable asevidence

197. Using, as true, any suchdeclaration known to befalse

198. Causing disappearance ofevidence of an offencecommitted, or givingfalse informationtouching it, to screen theoffender; if a capitaloffence

If punishable withimprisonment for tenyears

If punishable with lessthan ten yearsimprisonment

199. Intentional omission togive information of anoffence by a personlegally bound to inform

200. Giving false informationrespecting an offencecommitted

201. Secreting or destroyingany document to preventits production asevidence

202. False personation for thepurpose of any act orproceeding in a suit orcriminal prosecution orfor becoming bail orsecurity

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same.

Same

Same

Same

Same

Summons

Warrant

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same



Imprisonment for aquarter of the longestterm and of thedescription providedfor the offence,or fine,or both



Same


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

203.

204.

205.

206.

207.

208.

209.

2Offence

Fraudulent removal orconcealment, &c., ofproperty to prevent itsseizure as a forfeiture, orin satisfaction of a fineunder sentence, or inexecution of a decree

Claiming propertywithout right orpractising deceptiontouching any right to it,to prevent its being takenas a forfeiture, or insatisfaction of a fineunder sentence, or inexecution of a decree

Fraudulently suffering adecree to pass for a sumnot due, or sufferingdecree to be executedafter it has been satisfied

False claim in a Court ofJustice

Fraudulently obtaining adecree for a sum not due,or causing a decree to beexecuted after it has beensatisfied

False charge of offencemade with intent toinjure

If offence charged becapital, or punishablewith imprisonment for aterm exceeding sevenyears

Harbouring an offender,if the offence be capital

3Whether Peace

Officer may arrest•without warrant

or not


Same

Same

Same

Same

Same

Same


4Whether a



Warrant

Same

Same

Same

Same

Same

Same

Same

5Whether

bailable or not

Bailable

Same

Same

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compouodable

Same

Same

Same

Same

Same

Same

Same


Penal Code


Same

Same

Imprisonment ofeither description fortwo years, and fine

Imprisonment ofeither description fortwo years, or fine. orboth

Same '


Imprison meat ofeither description forfive years, and fine

8By what Court

Other than HighCourt triable

Magistrate's Court.

Magistrate's Court

'

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

213.

214.

215.

216.

2Offence

Harbouring an offenderwho has escaped fromcustody, or whoseapprehension has beenordered, if the offence becapital


If with imprisonment forone year and not for tenyears

Public servant disobeyinga direction of law withintent to save personfrom punishment orproperty from forfeiture

Public servant framingan incorrect record orwriting with intent tosave person frompunishment or propertyfrom forfeiture

Intentional omission toapprehend on the part ofa public servant boundby law to apprehend anoffender ; if the offencebe capital


3Whether Peace


or not


Same

Same


Same

Same

Same

4Whether a



Warrant

Same

Same

Summons

Warrant

Same

Same

5Whether

bailable or not

Bailable

Same

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same

Same

Same

Same


Penal Code


Imprisonment ofeither description forthree years, with orwithout fine

Imprisonment forquarter of the longestterm, and of thedescription providedfor the offence, orfine, or both



Imprisonment ofeither description forseven years, with orwithout fine

\

Imprisonment ofeither description forthree years, with orwithout fine

8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

If with imprisonment forless than ten years

217 . Intentional omission toapprehend on the part ofa public servant boundby law to apprehendperson under sentence ofa Court of Justice ; ifunder sentence of death

If under sentence ofimprisonment for tenyears or upwards

If under sentence ofimprisonment for lessthan ten years ; orlawfully committed tocustody

218. Escape from confinementnegligently suffered by apublic servant

219. Resistance or obstructionby a person to his lawfulapprehension

219A. Resistance or obstructionto lawful apprehensionunder a civil process

220. Resistance or obstructionto lawful apprehensionof another person orrescuing him from lawfulcustody.

If charged with anoffence punishable withimprisonment for tenyears

If charged with a capitaloffence

Same

Same

Same

Same

Same




Same

Same

Same

Same

Same

Same

Summons

Warrant

Summons

Warrant

Same

Same

Same

Not bailable Same

Same

Bailable

Same

Same

Same

Not bailable

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Imprisonment ofeither description fortwo years, with orwithout fine

Imprisonment ofeither description forfourteen years, withor without fine

Imprisonment ofeither description forseven years, with orwithout fine

Imprisonment ofeither description forthree years, or fine,or both

Simple imprisonmentfor two years, or fine,or both






Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

7Section

220A.

221.

- -...,/

222.

223.

224. ,

. 2Offence

,If the person charged issentenced to imprisonmentfor ten years or upwards

If under sentence ofdeath

Resistance, obstructionto lawful apprehension incases not otherwiseprovided for

Escape, or attempt toescape from custody forfailing to furnish securityfor good behaviour

Violation of condition ofremission of punishment

Intentional insult orinterruption to a , publicservant silting in anystage of a judicialproceeding

Personation of a juror orassessor

3Whether Peace


or not


Same

Same

Same •


Same

Same

4Whether a



Warrant

Same

Same

Same

''

Summons

Same

Same

5Whether

bailable or not

Not bailable

Same

Bailable

Same

Not bailable

Bailable •

Same

6Whether

compoundabteor not

Not compoundable

Same

Same

Same

Same

Same

Same


Penal Code'


Imprisonment ofeither description forten years and fine

Imprisonment ofeither description forsix months, or fine, orboth


, Punishment oforiginal sentence or,

•if part of the, punishment has beenundergone, theresidue

Simple imprisonmentfor six months, orfine of one thousandrupees, or both


8By what Court


Magistrate's. Court.

,

Magistrate's Court.

Magistrate's Court.

The court by whichthe original offencewas triable.

The court in whichthe offence iscommitted, subject toprovisions of ChapterXXXII.

Magistrate's Court.

CHAPTER XII—OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

226. Counterfeiting orperforming any part ofthe process ofcounterfeiting coin


Warrant Not bailable Not compoundable Imprisonment ofeither description forseven years, and fine

Magistrate's Court.

227. Counterfeiting orperforming any part ofthe process ofcounterfeiting currentcoin

228. Making, buying orselling instrument for thepurpose of counterfeitingcoin

229. Making, buying, orselling instrument for thepurpose of counterfeitingcurrent coin

230. Possession of instrumentor material for thepurpose of using thesame for counterfeitingcoin

If current coin

231. Abetting in Sri Lankathe counterfeiting of coinout of Sri Lanka

232. Import or export ofcounterfeit coin knowingthe same to becounterfeit

233. Import or export ofcounterfeits of currentcoin, knowing the sameto be counterfeit

234. Having any counterfeitcoin, known to be suchwhen it came intopossession anddelivering, Ac., the sameto any person

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Snme

Same

Same


Imprisonment ofeither description forthree years, and Hue


Imprisonment ofeither description forifiree years, and fine


The punishmentprovided for abettingthe counterfeiting ofsuch coin within" SriLanka



Imprisonment ofeither description forfive years, and fine

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

235.

236.

237.

238.

239.

240.

241.

242.

2Offence

Having any counterfeitcurrent coin, known tobe such when it cameinto possession anddelivering, &c., the sameto any person

Knowingly delivering toanother any counterfeitcoin as genuine which,when first possessed, thedeliverer did not know tobe counterfeit

Possession of counterfeitcoin by a person whoknew it to be counterfeitwhen he becamepossessed thereof

Possession of counterfeitcurrent coin by a personwho knew it to becounterfeit when hebecame possessed thereof

Fraudulently diminishingthe weight or altering thecomposition of any coin

Fraudulently diminishingthe weight or altering thecomposition of currentcoin

Altering appearance ofany coin with intent thatit shall pass as a coin of adifferent description

Altering appearance ofcurrent coin with intentthat it shall pass as acoin of a differentdescription

3Whether Peace


or not


Same

Same

Same

Same ;,

Same

Same

Same

4Whether a



Warrant

Same

Same

\

Same

Same• . • (-;

Same

Same

Same

5Whether

bailable or not

Not bailable

Same

Same

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same

-

Same

Same

Same

Same


Penal Code


Imprisonment ofeither description fortwo years, or fine often limes the value ofthe coin counter-feited, or both



Imprisonment ofeither-description forthree years, and fine




8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.


Magistrate's Court.

Magistrate's Court.

Magistrate's Court-

Magistrate's Court.

/Section

235.

236.

237.

238.

239.

240.

241.

242.

2Offence

Having any counterfeitcurrent coin, known tobe such when it cameinto possession anddelivering, &c., the sameto any person

Knowingly delivering toanother any counterfeitcoin as genuine which,when first possessed, thedeliverer did not know tobe counterfeit

Possession of counterfeitcoin by a person whoknew it to be counterfeitwhen he becamepossessed thereof

Possession of counterfeitcurrent coin by a personwho knew it to becounterfeit when hebecame possessed thereof

Fraudulently diminishingthe weight or altering thecomposition of any coin

Fraudulently diminishingthe weight or altering thecomposition of currentcoin

Altering appearance ofany coin with intent thatit shall pass as a coin of adifferent description

Altering appearance ofcurrent coin with intentthat it shall pass as acoin of a differentdescription

3Whether Peace


or not


Same

Same

Same

Same ;,

Same

Same

Same

4Whether a



Warrant

Same

Same

\

Same

Same• . • (-;

Same

Same

Same

5Whether

bailable or not

Not bailable

Same

Same

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same

-

Same

Same

Same

Same


Penal Code


Imprisonment ofeither description fortwo years, or fine often limes the value ofthe coin counter-feited, or both



Imprisonment ofeither-description forthree years, and fine




8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.


Magistrate's Court.

Magistrate's Court.

Magistrate's Court-

Magistrate's Court.

/Section

253.*

254.*

; 255.*

256.* .

' .

2Offence

Using as genuine aGovernment stampknown to be counterfeit

Effacing, any writingfrom a substance bearinga Government stamp, orremoving from adocument a stamp usedfor it, with intent tocause loss toGovernment

Using a Governmentstamp known to havebeen before used

Erasure of markdenoting that stamp hasbeen used

3Whether Peace


or not


Same

Same

Same

4Whether a



Warrant

Same

Same

Same

5Whether

bailable or not •

Bailable

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same


Penal Code





8By what Court


Magistrate's Court.

Magistrate's Court.

.

Magistrate's Court.»^ w

Magistrate's Court.-' / • . ' • • .

CHAPTER Xffl—OFFENCES RELATING TO WEIGHTS AND MEASURES

257.

258.

259.

260.

Use of weighing ormeasuring instrumentknowing the same to befalse

. Using false weight ormeasure

Being in possession offalse weighing ormeasuring instrument orfalse weights or measuresfor use

Making or selling falseweighing or measuringinstrument or falseweights or measures forfraudulent use


Same

Same

Same

Summons

Same

Same

Same

Bailable

Same

Same

Same

Not Compoundable

Same

Same

Same


Same



Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

CHAPTER XIV—OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE. DECKNCY AND MORALS

262.

263.

264.

265.

266.

267.

268.

"

269.

Negligently doing any actknown to be likely tospread infection of anydisease dangerous to life

Maliciously doing anyact known to be likely tospread infection of anydisease dangerous to life

Knowingly disobeyingany quarantine rule

Adulterating food ordrink intended for sale soas to make the samenoxious

Selling any food or drinkas food and drink,knowing the same to benoxious

Adulterating any drug ormedical preparationintended for sale, so as tolessen its efficacy or tochange its operation, orto make it noxious

Offering for sale, orissuing from adispensary, any drug ormedical preparationknown to have beenadulterated

Knowingly selling, orissuing from a dispensaryany drug or medicalpreparation as a differentdrug or medicalpreparation


Same

Same


Same~

Same

.

Same

Same

Summons

Same

Same

Same

Same

Same

Same

Same

,

Bailable

Same

Same

Same

Same

-Same

Same

Same

Not compoundable

Same

Same

Same

Same

Same

Same

i

Same





Same

Same

Same

Same

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

'

Magistrate's Court.

•* Applies to Savings Stamps as well—See section 74 (3) of the National Savings Bank Act.

- /Section

270.

271.

272.

273.

274.

275.

276.

277.

278.

2Offence

Defiling the water of apublic spring or reservoir

Making atmospherenoxious to health

Driving or riding on apublic way so rashly ornegligently as toendanger human life, &c.

Navigating any vessel sorashly or negligently asto endanger human life,&c.

Exhibiting of a falselight, mark, or buoy

Conveying for hire anyperson by water in avessel in such a state, orso loaded, as to endangerhis life

Causing danger,obstruction, or injury inany public way or line ofnavigation

Dealing with anypoisonous substance soas to endanger humanlife, &c.

Dealing with fire, or anycombustible matter, so asto endanger human life,&c.

3Whether Peace


or not




Same

\

Same

Same

•-

Same



4Whether a


ordinarily issue infirst-instance

Summons

' «

Same

Same

Same

Warrant

Summons

Same

Same

»

Same

5Whether

bailable or not

Bailable

Same

Same

Same

Same

Same

Same

Same• '

Same

6Whether

compounaableor not

Not compoundable

Same

r"'Same

Same

Same

Same

Same

Same

Same


Penal Code

Imprisonment ofeither description forthree months, or fineof fifty rupces,or both

Fine of one hundredrupees


Same

Imprisonment ofeither description forseven years, or fine,orboth

Imprisonment ofcither description forsix months, or fine ofone hundred rupees,or both

Fine of one hundredrupees


Same

8 !

By what Courtother than High

Court triable

•Magistrate's Court.Primary Court.


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.


Magistrate's Court.

Magistrate's Court.

/Section

2Offence

3Whether Peace


or not

4Whether a

warrant or asummons shall -


5.Whether

bailable or not

6Whether

.compoundableor not


Penal Code

8By what Court


CHAPTER XV—OFFENCES RELATING TO RELIGION290.

290A.

291.

291 A.

291 B.

292.

Destroying, damaging ordefiling a place ofworship or sacred objectwith intent to insult thereligion of any class ofpersons

Doing any act in or uponor in the vicinity of aplace of worship or asacred or veneratedobject, with intent toinsult the religion of anyclass of persons

Causing a disturbance toan assembly engaged inreligious worship

Uttering any word ormaking any sound in thehearing, or making anygesture, or placing anyobject in the sight of anyperson with intention towound his religiousfeeling

Deliberately andmaliciously outraging thereligious feelings of anyclass by insulting itsreligion or religiousbeliefs

Trespassing in place ofworship or sepulchre,disturbing funeral withintention to wound thefeelings or to insult thereligion of any person, oroffering indignity 10 ahuman corpse


Same

Same


Same


Summons

Same .

Same

Same

Same

Same

Bailable

Same

Same

Same

'

Same

Same

•

Not compoundable

Same

Same

Compoundable

Not compoundable

Same




Same

-



Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

. ; . •

Magistrate's Court.

Magistrate's Court.

CHAPTER XVI—OFFENCES AFFECTING THE HUMAN BODYOFFENCES AFFECTING LIFE

296.

297.

298.

299.

,300...'•'••

Murder

Culpable homicide, notamounting to murder, ifact by which the death iscaused is done withintention of causingdeath, &c.

If act is done withknowledge that it is likelytb cause death butwithout any intention tocause death, &c.

Causing death by rash ornegligent act

Abetment of suicideJ

Attempt to murder• • «

If such act cause hurt toany person


Same

Same

^

Same

•

Same

Same,

Same

Warrant

Same

Same

Same

Same

•

,». . •

Same

Same

Not bailable

,

Same

Same

Bailable

Not bailable

' • •

Same

Same

Not compoundable

Same

Same

Same

Same

Same

Same



Imprisonment ofeither description forten years, or fine, orboth

Imprisonment ofeither description forfive years, or fine, orboth




Magistrate's Court.

.

/Section

301.

302.

2Offence

Attempt to commitculpable homicide

If such act cause hurt toany person

Attempt to commitsuicide

3Whether Peace

Officer may arrest•without warrant

or notMay arrestwithout warrant

Same

Same

4Whether a



Warrant

Same

Same

5Whether

bailable or not

Bailable

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

. " 7"Punishment

under thePenal Code




^ 8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

CAUSING OF MISCARRIAGE ; INJURIES TO UNBORN CHILDREN ; EXPOSURE OF INFANTS ; AND CONCEALMENT OF BIRTHS

303.

304.

305.

306.

307.

308.

Causing miscarriage

If the woman be quickwith child

Causing ' miscarriagewithout woman's consent

Death caused by an actdone with intent to causemiscarriage

Act done with intent toprevent a child beingborn alive ; or to cause itto die after its birth

Causing death of a quickunborn child by an actamounting to culpablehomicide

Exposure of a childunder twelve years of ageby parent or personhaving care of it; withintention of whollyabandoning it


Same

Same

Same

Same

Same


'"""

Warrant

Same

Same

Same

Same

Same

Same

Bailable

Same

Not bailable

Same

Same

Same

Bailable"•

Not compoundable

Same

Same

Same

Same

Same

Same




Same

Imprisonment ofeither description forten years, or fine, orboth

Impnsonment ofeither description forten years, and fine


Magistrate's Court.

^

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

309. Concealment of birth bysecret disposal of deadbody

Same Same Same Same Imprison men I ofeither description fortwo years, or fine,or both

Magistrate's Court.

HURT

314.

315.

316.

317.

318.

319.

Voluntarily causing hurt

Voluntarily causing hurtby dangerous weapons ormeans

Voluntarily causinggrievous hurt

Voluntarily causinggrievous hurt bydangerous weapons ormeans

Voluntarily causing hurtto extort property or avaluable security, or toconstrain to do anythingwhich is illegal, or whichmay facilitate thecommission of an offence

Administering stupefyingdrug with intent to causehurl, &c.


Same

Same

Same

Same

Same

Summons

Warrant

Same

Same

Same

Same

Bailable

Same

Same

Not bailable

Same

Same .

Compoundable

Same

Same

Not compoundable

Same

Same

Imprisonment ofeither description forone year, or fine ofone thousand rupees,or both

Imprisonment ofeither description forthree years, or fine,or both, whipping inaddition*

Imprisonment ofeither description forseven years, and fine.If person hurt is awoman or child,whipping in addition*

Imprisonment ofeither description forten years and fine,whipping in addition*



Magistrate's Court.Primary Court,except where hurl ;scaused to a publicofficer, member oremployee of a publiccorporation or amember or employeeof a local authority,engaged in theexercise, performanceand discharge of hispowers, duties andfunctions.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

* See Corporal Punishment Ordinance and the Knives Ordinance.

/Section

320.

321.

322.

323.

324.

325.

2Offence

Voluntarily causinggrievous hurt to extortproperty or a valuablesecurity, or to constrainto do anything which isillegal or which mayfacilitate the commissionof an offence

Voluntarily causing hurtto extort confession orinformation, or tocompel restoration ofproperty, &c.

Voluntarily causinggrievous hurt to extortconfession or informa-tion, or to compelrestoration of property,&c.

Voluntarily causing hurlto deter public servantfrom his duty

Voluntarily causinggrievous hurt to deterpublic servant from hisduty

Voluntarily causing hurton grave and suddenprovocation, notintending to hurt anyother than the personwho gave theprovocation

3Whether Peace


or not


Same

Same .

Same

Same


/

4Whether a



Warrant

Same

Same

Same

Same

Summons-

5Whether

bailable or not

Not bailable

Bailable

Not bailable

Bailable

Not bailable

Bailable

6Whether

compoundableor not

Not compoundable

Same

Same

Same

Same

Compoundable


Penal Code

Imprisonment ofeither description fortwenty years, and fineor whipping





Imprisonment ofeither description forone month, or fine offifty rupees, or both

8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.Primary Court,except where hurt iscaused to a publicofficer, member oremployee of a publiccorporation or amember or employeeof a local authority, .engaged in theexercise, performanceand discharge of hispowers, duties andfunctions.

326.

327.

328.

329.

Causing grievous hurt ongrave and suddenprovocation, notintending to hurt anyother tbao the personwho gave theprovocation

Doing any act rashly ornegligently whichendangers human life orthe personal safety ofothers

Causing hurt by doing anact rashly or negligentlywhich endangers humanlife, &c.

Causing grievous hurt bydoing an act rashly ornegligently whichendangers human life,&c.


Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Not compoundable

Compoundable

Same

Imprisonment ofeither description forfour years, or fine oftwo thousand rupees.or both



Imprisonment ofeither description fortwo years, or fine ofone thousand rupees,or both

Magistrate's Court.


Magistrate's Court

Magistrate's Court.

WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

3S2.

333.

334.

335.

Wrongfully restrainingany person

Wrongfully confiningany person.

Wrongfully confining forthree or more days

Wrongfully confining forten or more days


Same

Same

Same

Summons

Same

Same

Same

Bailable

Same

Same

Same

Compoundable

Same

Not compoundable

Same






Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

336.

337.

338.

339.

2Offence

Keeping any person inwrongful confinement,knowing that a writ hasbeen issued for hisliberation

Wrongful confinement insecret

Wrongful confinementfor the purpose ofextorting property, orconstraining to an illegalact, &c.

Wrongful confinementfor the purpose ofextorting confession orinformation, or ofcompelling restoration ofproperty, &c.

3Whether Peace


or not



Same

Same

4Whether a



Summons

Same

Same

Same

5Whether

bailable or not

Bailable

Same

Same

Same

6Whether

'. compoundableor not

Not compoundable

Same

Same

Same


Penal Code

Imprisonment ofeither description fortwo years, in additionto imprisonmentunder any othersection

Same

.Imprisonment ofeither description forthree years and fine

Same

8By what Court


Magistrate's Court,

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.-

CRIMINAL FORCE AND ASSAULT

343.

344.

345.

Assault or use ofcriminal force otherwisethan on graveprovocation

Assault or use ofcriminal force to deter apublic servant fromdischarge of his duty

Assault or use ofcriminal force to awoman with intent tooutrage her modesty


May arrestwithoat warrant

Same

Summons

Warrant

Same

Bailable

Same

Same

Compoundable

Not compoundable

Same

Imprisonment ofeither description forthree months, or fineof fifty rupees, orboth


Same, and whipping*


Magistrate's Court.

Magistrate's Court.

* See Corporal Punishment Ordinance.

346.

347.

348.

349.

Assault or criminal forcewith intent to dishonoura person, otherwise thanon grave and suddenprovocation

Assault or criminal forcein attempt to committheft of property worn orcarried by a person

Assault or use ofcriminal force in attemptwrongfully to confine aperson

Assault or use ofcriminal force on graveand sudden provocation



..

Same


Summons

Warrant

Same

Summons

Same

Not bailable

Bailable

Same

Compouttdable

Not compoundable

Compoundable

Same


Same



Magistrate's Court.

Magistrate's Court

Magistrate's Court.


KIDNAPPING. ABDUCTION, SLAVERY AND FORCED LABOUR

354.

355.

356.

357.

358.

359.

Kidnapping

Kidnapping or abductingin order to murder

Kidnapping or abductingwith intent secretly andwrongfully to confine aperson

Kidnapping or abductinga woman to compel amarriage, or to cause herdefilement, etc.

Kidnapping or abductingin order to subject aperson to grievous hurl,slavery, etc.

Concealing or keeping inconfinement a kidnappedperson


Same

Same

Same

Same

Same

Warrant

Same

Same

Same

Same

Same

Not bailable

Same

Same

Same

Same

Same

Not compoundable

Same

Same

Same

Same

Same


Rigorous imprison-ment for twentyyears and fine



Same

Punishment forkidnapping orabduction "

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

360.

360A.

361.

362.

362A.

362B-

362C.

362D.

2 . .Offence .

Kidnapping or abductinga child with intent totake property from theperson of such child ,

Procuring or attemptingto procure any girl orwoman under twenty oneyears of age to leave SriLanka, with or withouther consent, with a viewto illicit intercourse, etc.

Buying or disposing ofany person as a slave (

Habitual dealing instaves

Cohabitation caused by aman deceitfully inducinga belief of lawfulmarriage

Bigamy

Bigamy with conceal-ment of former marriage

Going through marriageceremony withfraudulent intention

3Whether Peace


or not



Same



Same

Same

Same

4Whether a .



Warrant

Same

Same

Same

Same

Same

Same

Same

5Whether

bailable or not

Not bailable

Same

Bailable

Not bailable

Bailable

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same

Same

Same

Same

Same


Penal Code

Imprisonment 1 ofeither description forseven years, and fine

Imprisonment ofeither description fortwo years, and if amale, in addition toany such imprisonment,to be vbipped


Imprisonment ofeither description forfifteen years, and fine





8By what Court

. other than HighCourt triable

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

RAPE

364. Rape May arrestwithout warrant

Warrant Not bailable Not compoundable Imprisonment ofeither description fortwenty years, andfine, whipping inaddition*

-364A. Carnal knowledge of anygirl of or above the ageof twelve years andunder the age of fourteenyears

Same Same Same Same Imprisonment ofeither description fortwo years, whippingin addition*

Magistrate's Court.

UNNATURAL OFFENCES

365.

365A.

Unnatural offence

Act of gross, indecencyby one male person withanother

.


Same

Warrant

Same

Not bailable

Same

Not compoundable

Same

Imprisonment ofeither description forten years and fine,whipping in addition*

Imprisonment ofeither description upto two years, or withfine, or with both,whipping in addition*

Magistrate's Court.

Magistrate's Court.

CHAPTER XVII- -OFFENCES AGAINST PROPERTYTHEFT

367.

368.

369.

370.

Theft

Theft of cattle orpraedial produce

Theft in a dwelling house,&c.

Theft by clerk or servantof property in possessionof master or employer


-

Same

Same

Same ,

Warrant

Same

Same

Same

Not bailable

Same

Same

Same

Not compouodable

Same

Same ' i

Same


Whipping, inaddition topunishment for theft*



Magistrate's Court.Primary Court,except where thevalue of the propertyexceeds five hundredrupees or where thetheft is committed bya pickpocket orpickpurse.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

• See Corporal Punishment Ordinance.

/Section

371.

2Offence

Theft, preparationhaving been made forcausing death, or hurt, orrestraint, or fear ofdeath, or of hurt, or ofrestraint, in order to thecommitting of such theft,or to retiring aftercommitting it, or toretaining property takenby it.

3Whether Peace


or not


4Whether a



Warrant

5Whether

bailable or not

Not bailable

6Whether

compoundableor not

Not compoundable


Penal Code

Rigorous imprison-meni for ten years,and fine, whipping inaddition*

8By what Court

other than High, Court triable

Magistrate's Court.

EXTORTION

373.

374.

375.

371.

377.

Extortion

Putting or attempting toput in fear of injury, inorder to commitextortion

Extortion by putting aperson in fear of death orgrievous hurl.

Putting or attempting toput a person in fear ofdeath or grievous hurt, inorder to commitextortion.

Extortion by threat ofaccusation of an offencepunishable with death orimprisonment for tenyears.

If the offence threatenedbe an unnatural offence


Same

Same

Same

Same

Same

Warrant

Same

Same

Same

Same

Same

Not bailable

Same

Same

Same

Same

Same

Not compoundable

Same

Same

Same

Same

Same



Imprisonment ofeither description forten years, and fine.


Imprisonment ofeither description forten years, and fine,whipping in addition*

Rigorous imprison-ment for twentyyears, and fine,whipping inaddition.*

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court „.,,

378. Putting a person in fearof accusation of offencepunishable with death, orwith imprisonment forten years, in order tocommit extortion ..

If the offence be anunnatural offence

Same

Same

Same

Same

Same

Same

Same

Same

Imprisonment ofeither description forten years, and fine,whipping in addition*

Rigorous imprison-ment for twentyyears, and fine,whipping inaddition.*

ROBBERY

380.

381.

382.

383.

384.

Robbery

If committed on thehighway between sunsetand sunrise

Attempt to commitrobbery

Person voluntarilycausing hurt incommitting orattempting to commitrobbery, or any otherperson jointly concernedin such robbery.

Robbery, with attempt tocause death or grievoushurt.

Attempt to commitrobbery when armedwith deadly weapons


Same

'•

Same

Same

Same

Same

Warrant

Same

Same

Same

Same

Same

Not bailable

Same

Same

Same

Same

Same

Not compoundable

Same

Same

Same

Same

Same

Rigorous imprison-ment for ten years,and fine, whipping inaddition.*

Rigorous imprison-ment for fourteenyears, and fine,whipping inaddition.*

Rigorous imprison-ment for seven years,and fine, whipping inaddition.*

Rigorous imprison-ment for twentyyears, and fine, orwhipping*

Rigorous imprison-ment for twentyyears, alsowhipping.*

Same*

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

385.

2 •, "„• Offence

'

Belonging to awandering gang ofpersons associated forthe purpose of habituallycommitting thefts

3Whether Peace


or not


4 . .Whether a



Warrant

5Whether " '

bailable or not

Not bailable

, • 6Whether

compoundableor not

Not compoundable


Penal Code

Rigorous imprison-ment for seven yearsand fine

8By what Court


Magistrate's Court.

,'

CRIMINAL MISAPPROPRIATION OF PROPERTY

386.

387.

' •

389.

390.

391.

Dishonest misappro-priation of movableproperty or converting itto one's own use

Dishonest misappro-priation of propertyknowing that it was inpossession of a deceasedperson at his death, andthat it has not since beenin the possession of anyperson legally entitled toit

If by clerk or personemployed by deceased

Criminal breach of trust

Criminal breach of trustby a carrier, wharfinger,&c.

Criminal breach of trustby a clerk or servant


Same

Same

Same

Same

Same

Warrant

Same

Same

Same

Same

Same

Bailable

Same

Same

Not bailable

Same

Same

Compoundable

,

Not compoundable

Same

Same

Same

Same






Same

Magistrate's Court.Primary Court,except where thevalue of the propertyexceeds five hundredrupees.

Magistrate's Court.

-

Magistrate's Court.


Magistrate's Court.

Magistrate's Court.

392.

392A.

392B.

Criminal breach Of trustby public servant or bybanker, merchant, oragent, &c.

Criminal breach of trustby public servant inrespect of money orbalance of money

Criminal breach of trustby agent in respect ofpostal articles

Same

Same

Same

Same

Same

Same

Same

Same

Same ,

Same

Same

Same


Same

Same

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

RECEIVING OF STOLEN PROPERTY

394,

395.

396.

397.

Dishonestly receivingstolen properly, knowingit to be stolen

Habitually dealing instolen property

Assisting in concealmentor disposal of stolenproperly, knowing it tobe stolen

Receiving stolen cattle orpraedial products


Same

Same

Same

Warrant

Same

Same

Same

Not bailable

Same

Same

Same

Not compoundable

<»Same

Same

Same



, Imprisonment ofeither description forthree years, or fine orboth

Whipping, inaddition to otherpunishment*


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

CHEATING

400.

401.

Cheating

Cheating a person whoseinterest the offender wasbound, either by law orby legal contract toprotect


Same

Warrant

Same

Not bailable

Same

Not compoundable

Same.


Imprisonment ofeither description forthree years, or fine.or both

Magistrate's Court.

Magistrate's Court.


/Section

402.

403.

2Offence

Cheating by personation

Cheating, and therebydishonestly inducingdelivery of property, orthe making, alteration ordestruction of a valuablesecurity

3Whether Peace


or not' May arrestwithout warrant

Same

4Whether a



Warrant

Same'

5Whether .

bailable or not

Not bailable

Same

6Whether

compoundableor not

Not compoundable

Same


Penal Code

Imprisonment ofeither description forthree vears, or fine,or bothImprisonment ofeither description forseven years, and fine

8By what Court


Magistrate's Court.

Magistrate's Court.

FRAUDULENT DEEDS AND DISPOSITION OF PROPERTY

404.

405.

406.

407.

Fraudulent removal orconcealment of property,&c., to preventdistribution amongcreditors

Fraudulently preventingfrom being madeavailable for his creditorsa debt or demand due tothe offender

Fraudulent execution ofdeed of transfer,containing a falsestatement of consideration

Fraudulent removal orconcealment of propertyof himself or any otherperson, or assisting in thedoing thereof, ordishonestly releasing anydemand or claim towhich he is entitled


Same

Same

Same

Warrant

Same

Same

.Same

Not bailable

Same

Same

Same

Not compoundable

Same

Same

Same

Imprisonment , ofeither description fortwo years, or fine, orboth

Same

Same

Same

Magistrate^ Court.

Magistrate's Court.

Magistrate's Court.-

Magistrate's Court.

MISCHIEF AND ILLEGAL REMOVAL OF WRECKS

409. Mischief Shall not arrestwithout warrant

Summons Bailable Compoundable Imprisonment ofeither description forthree months, or fine,or both


410. Mischief, and therebycausing damage to theamount of fifty rupees orupwards

411. Mischief by killing,poisoning, maiming, orrendering useless anyanimal or animals of thevalue of ten rupees orupwards

412. Mischief by killing,poisoning, maiming, orrendering useless anyelephant, camel, horse,&c., whatever may be itsvalue, or any otheranimal of the value offifty rupees or upwards

413. Mischief by causing adiminution of supply ofwater for agriculturalpurposes, &c.

414. Mischief by injury topublic road, bridge,navigable river, ornavigable channel, andrendering it impassableor less safe for travellingor conveying property

415. Mischief by causinginundation orobstruction to publicdrainage, attended withdamage

416. Mischief by destroyingor moving, or renderingless useful, a lighthouseor seamark, or byexhibiting false lights

Same


Same

Same

Same

Same

Same

Warrant

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Not c Jmpoundable Same

Same

Same

Same


Same



Same


Magistrate's Court.Primary Court,except where loss ordamage exceeds fivehundred rupees invalue.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

/Section

417.

418.

419.

420.

421.

422;

423.

424.

425.

2Offence

Mischief by destroyingor moving, &c., alandmark fixed by publicauthority

Mischief by fire orexplosive substance, withintent to cause damageto the amount of onehundred rupees orupwards

Mischief by fire orexplosive substance, withintent to destroy a house,&c.

Mischief with intent todestroy or make unsafe adocked vessel or a vesselof twenty tons burthen

The mischief described inthe last section, whencommitted by fire or anyexplosive substance

Running vessel ashore,with intent to committheft, &c.

Impeding the saving of avessel

Removing or secretingwreck

Taking wreck intoforeign port

3Whether Peace


or not



Same

Same

Same

Same

Same

Same

Same '

4Whether a



Warrant

Same

Same

Same

Same

Same

Same

'rSame

Same

5Whether

bailable or not

Bailable

Same

Not bailable

Same

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Not compoundable

Same

Same

Same

Same

Same

Same


Penal Code



Imprisonment ofeither description forfifteen years, and fine







8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

426. Mischief committed afterpreparation made forcausing death or hurt,&c.

Same Same Same Same Imprisonment ofeither description forfive years,; and fine

Magistrate's Court.

CRIMINAL TRESPASS

433-

434,

435.

436.

437.

438.

439.

Criminal trespass

House-trespass

House-trepass in order tothe commission of ah,offence punishable withdeath

House-trespass in orderto the commission of anoffence punishable withimprisonment for tenyears

House-trespass in orderto the commission of anoffence punishable withimprisonment for lessthan ten years

If the offence is theft

House-trespass, havingmade prepa»ations forcausing hurt, assault, &c.

Lurking house-trespassor house-breaking


Same

Same

Same

,

Same

Same

Same

Same.'

Summons

Warrant

Same

Same

Same

Same

Same

Same

Bailable

Same

Not bailable

Same

Bailable

Not bailable

• •

Same

Same

Compoundable

Same

Not compoundable

Same

Same

Same

Same ,

Same



Rigorous imprison-ment for twentyyears, and fine




Same



Magistrate's Court.Primary Court,except where thebuilding, tent orvessel is the propertyof the Republic, or ofa public corporationor of a localauthority.

Magistrate's Court.

Magistrate's Court.

'

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

- /Section

440.

441.

442.

443.

444.

445.

2Offence

Lurking house-trespassor house-breaking inorder to the commissionof an offence punishablewith imprisonment


Lurking house-trespassor house-breaking, afterpreparation made forcausing hurt, assault, &c.

Lurking house-trespassor house-breaking bynight.

Lurking house-trespassor house-breaking bynight in order to thecommission of offencepunishable withimprisonment


Lurking house-trespassor house-breaking bynight after preparationmade for causing hurt,&c.

Grievous hurt causedwhilst committinglurking house-trespass orhouse-breaking

3Whether Peace


or not


Same

Same

Same

Same

Same

Same

Same

4Whether a

warrant or a .summons shall


Warrant

Same

-/'•••.„<.Same

Same

Same

Same

Same

Same

5Whether

bailable, or not

Not bailable

Same

Same

Same

Same

Same

Same

'

Same

6Whether

compowidableor not

Not compoundable

Same

Same

Same

Same

Same

Same

Same


Penal Code



Same

Imprisonment ofeither description forthree years, and fine.

Imprisonment ofeither description forfive years, and fine

Imprisonment ofeither description forfourteen years, andfine

Same

Imprisonment ofeither description fortwenty years, and fineor whipping*

8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's. Court.

446.

447.

448,

449.

450.

451.

Death or grievous hurtcaused by one of severalpersons jointly concernedin house-breaking bynighl, &c.

Dishonestly breakingopen or unfastening anyclosed receptaclecontaining or supposedto contain property

Being entrusted with anyclosed receptaclecontaining or supposedto contain any property,and fraudulently openingthe same

Possession of house-breaking implements oroffensive weapons

Being found in buildingfor unlawful purpose

Loitering about byreputed thief

Same

Same

Same'

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Bailable

Same

Same

Same

Not bailable

Same

Same

Same

Same

Same

Same

Imprisonment ofeither description fortwenty years, and Hue




Imprisonment ofeither description forthree months, or fineof fifty rupees, orboth

Same

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.



CHAPTER XVIII—OFFENCES RELATING TO DOCUMENTS, PROPERTY-MARKS. CURRENCY NOTES ANDBANK NOTES

454.

455.

456.

Forgery

Forgery of a record of aCourt of Justice or of aregister of births, &c.kept by a public servantForgery of a valuablesecurity, will or authorityto make or transfer anyvaluable security or toreceive any money, &c.


Same

Same

Warrant

Same

Same

Not bailable

Same

Same

Not compoundable

Same

Same




Magistrate's Court.

Magistrate's Court.

Magistrate's Court.


/Section

457.

459.

460.

461.

462.

2Offence

Forgery, for the purposeof cheating

Using as genuine aforged document whichis known to be forged

Making or counterfeitinga seal, plate, &c. withintent to commit aforgery, punishableunder section 456 of thePenal Code, orpossessing with likeintent any such seal,plate, &c., knowing thesame to be counterfeit.

Making or counterfeitinga seal, plate, &c., withintent to commit aforgery, punishableotherwise than undersection 456 of the PenalCode, or possessing withlike intent any seal, plate,&c., knowing the same tobe counterfeit

Having possession of adocument, knowing it tobe forged, with intent touse it as genuine, if thedocument is one of thedescription mentioned insection 455 of the PenalCode

If the document is one ofthe descriptionmentioned in section 456of the Penal Code

3Whether Peace


or not


Same

Same

Same

Same

Same

4Whether a


•ordinarily issue infirst instance

Warrant

Same

Same

Same

Same

Same

5Whether

bailable or not

Not bailable

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same

Same

Same


Penal Code


Punishment forforgery



Same


8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

463.

464.

465.

466.

467.

468.

Counterfeiting a deviceor mark used forauthenticating docu-ments described insection 456 of the PenalCode, or possessingcounterfeit markedmaterial

Counterfeiting a deviceor mark used forauthenticating docu-ments other than thosedescribed in section 456of the Penal Code, orpossessing counterfeitmarked material

Sending false message bytelegraph

Fraudulently destroyingor defacing or attemptingto destroy or deface, orsecreting, a will, &c.

Falsification of accounts

Possession of anyimitation of any currencynote, bank note or coin

Same

Same

Same :

Same

Same

Same

Same

Same

Same

'

Same

Same

Summons

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same


Same





Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

PROPERTY-MARKS

471.

472.

Using a false propertymark, with intent todeceive or injure anyperson

Counterfeiting aproperty-mark used byanother with intent tocause damage or injury


Same

Warrant

Same

Bailable

Same

Not compoundable

Same



Magistrate's Court.

Magistrate's Court.

/Section

473.

474.

475.

476.

477-

478.

2Offence

Counterfeiting aproperty-mark used by apublic servant, or anymark used by him todenote the manufacture,quality, &c., of anyproperty

Fraudulently making orhaving possession of anydie, plate, or otherinstrument for.counterfeiting any publicor private property mark

Knowingly selling goodsmarked with acounterfeit property-mark

Fraudulently making afalse mark upon anypackage or receptaclecontaining goods, withintent to cause it to bebelieved that it containsgoods which it does notcontain, &c.

Making use of any suchfalse mark

Removing, destroying ordefacing any property-mark, with intent tocause injury

3Whether Peace


or not


Same

Same

J

Same

Same

Same

4Whether a



Warrant

Same

Same

Same

Same

Same

5Whether

bailable or not

Bailable

Same

Same

Same

Same

Same

6Whether

compoundableor not

Not compoundable

Same

Same

Same

Same

Same


Penal Code



Imprisonment ofeither description forone year or fine, orboth


Same


8By what Court


Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.

CURRENCY NOTES AND BANK NOTES

478A. Counterfeiting currencynotes or bank notes


Warrant Not bailable Not compoundable Imprisonment ofeither description fortwenty years, and fine

478B.

478C.

478D.

Using as genuine forgedor counterfeit currencynotes or bank notes

Possession of forged orcounterfeit currencynotes or bank notes

Making, or possessinginstrument or materialsfor forging orcounterfeiting currencynotes or bank notes

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Same

Imprisonment ofeither description fortwenty years, or Hoe,or both


CHAPTER XIX—DEFAMATION

480.

481.

482.

Defamation

Printing or engravingmatter knowing it to bedefamatory

Sale of printed orengraved substancecontaining defamatorymatter, knowing it tocontain such matter


Same

Same

Warrant

Same

Same

Bailable

Same

Same

Compoundable

Same

Same

Simple imprisonmentfor two years, or fine,or both, and in thecase of previoussentence of twelvemonths, or upwards,imprisonment ofeither description fortwo years, or fine, orboth

Same

Same

Magistrate's Court.

'

Magistrate's Court.

Magistrate's Court.

CHAPTER XX—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE484.

485.

Insult intended toprovoke breach of thepeace

False statement, rumour,&c., circulated withintent to cause mutiny oroffence against the publicpeace


Same

Warrant

Same

Bailable

Not bailable

Compoundable

Not Compoundable


Same


Magistrate's Court.

/Section

486.

487.

488.

2!" Offence

Criminal intimidation

If threat be to causedeath or grievous hurt,&c.

Criminal intimidation byanonymous communi-cation or having takenprecaution to concealwhence the threat comes

Appearing in a publicplace, &c., in a state ofintoxication, and causingannoyance to any person

3Whether Peace


or MI


Same

Same


4Whether a


ordinarily issue infirst instance •

Warrant

Same

Same

Same

5Whether

bailable or not

Bailable

Same

Same

Same

6Whether

compoundableor not

Compoundable

Same

Not compoundable

Same


Penal Code



Imprisonment ofeither description fortwo years, in additionto the punishmentunder above section

Simple imprisonmentfor one month, orfine of one hundredrupees, or both

8By what Court


Magistrate's Court.Primary Court,except where threat isto cause death,grievous hurt ordestruction ofproperty by fire orcause an offencepunishable with deathor with imprisonmentwhich may extend toseven years or imputeunchasiity to awoman.

Magistrate's Court.

Magistrate's Court.

Magistrate's Court.Primary Court-

CHAPTER XXI—UNLAWFUL OATHS489. Administering or taking,

or abetting [he taking ofan oath to commit anoffence punishable withimprisonment for twenty

•years.

If offence is punishablewith imprisonment forless than twenty years


Same

Warrant

Same

Bailable

Same//

Not compoundable

Same

Imprisonment ofeither description fortwenty years, or fine,or both

Same punishment asfor offence to whichoath relates

Magistrate's Court.

Magistrate's Court.

CHAPTER XXII—ATTEMPTS TO COMMIT OFFENCES

490. Attempting to commitoffence punishable withimprisonment, and insuch attempt doing anyact towards thecommission of theoffence

According as theoffence is one inrespect of whichthe police mayarrest withoutwarrant or not

According as theoffence is one inrespect of which asummons orwarrant shallordinarily issue

According as theoffence contem-plated by theoffender isbailable or not

According asoffences compoun-dable or not

Imprisonment notexceeding half of thelongest term and ofany descriptionprovided for theoffence, or fine, orboth

The Court (includingthe Primary Court)by which the offenceattempted is triable.

OFFENCES AGAINST OTHER LAWS

If punishable with deathor imprisonment forseven years or upwards

If ' punishable withimprisonment for threeyears and upwards, butless than seven

If punishable withimprisonment for lessthan three years

If punishable with fineonly


Same


Same

Warrant

Same

Summons

Same

Not bailable Not compoundable

Same

Bailable

Same

Same

Same

Same

According to theprovisions of section11 of this Code.

[Section 454.)

[Sections 44,139(1) (a) and140.] In the Magistrate's

Court ofColombo.

SECOND SCHEDULE

FORMS

No.l

SUMMONS TO AN ACCUSED PERSON

To Charles Fernanda, of No. 157. Galle Road, Colombo. Boutique Keeper.

Whereas complaint has this day been made before a Magistrate in and for the said division of Colombo, forthat you did on the ........... day of ........... 19..... on the highway at Slave Island, within the division aforesaid,voluntarily cause hurl to one Juanis Appu. of Slave Island aforesaid, by striking him with a club, and that youthereby committed an offence punishable under section 314 of the Penal Code.

These are therefore to command you to be and appear in person on Friday next, the llth instant, at ten o'clockin the forenoon, at the Magistrate's Court at Hulftsdorp. Colombo, to answer to the said complaint, and to befurther dealt with according to law.

Given under my hand this day of....... 19.....-at Colombo, in the division aforesaid.

(Signed) X. Y.Magistrate/ Authorized Officer.

[Sections 48and 49(1).]

N.B.—lf you wish to call any witness who is unwilling to attend, you should apply at once to a Magistrate of thisdivision for a summons to compel him to do so.

No. 2

AFFIDAVIT OF SERVICE OF SUMMONS(To be endorsed on Summons)

I, C.D. of........... Fiscal's Officer,............. make oath and say (or do solemnly, sincerely, and truly declare andaffirm) that I did on the .............. day of ......19,.— at ............. serve the within summons on the within namedCharles Fernanda by delivering to him a duplicate thereof/and translation.

Sworn (or affirmed) atadministering the oath).

this

Signature of Deponent ..............

day of ............ 19:.... before me (name and designation of officer

(Sections 50(1)and 630XI').)

No. 3

WARRANT OF ARREST IN DEFAULT OF APPEARANCE TO SUMMONS

To (name and designation of the person or persons who is or are to execute thewarrant).

In the Magistrate'sCourt ofColombo.

Whereas on the ........... day of............ last complaint was made before the undersigned, a Magistrate in andfor the said division of Colombo, for that Charles Fernanda of No. 157, Galle Road, Colombo, Boutique-keeper,did on the ............ day of ............ 19....... on the highway at Slave Island, within the division aforesaid, voluntarilycause hurt to one Juanis Appu of Slave Island aforesaid, by striking him with a club, and that he therebycommitted an offence punishable under section 314 of the Penal Code : " •

And whereas I then issued my summons unto the said Charles Fernanda, commanding him to be and appear inperson on Friday, the l l th instant at ten o'clock in the forenoon, at the Magistrate's Court of Colombo atHulftsdorp to answer to the said complaint, and to be further dealt with according to law :

And whereas the said Charles Fernanda hath neglected to be and appear at the time and place so appointed inand by the said summons, although it hath now been proved to me upon oath (or affirmation) that the saidsummons hath been duly served upon him ;

These are therefore to command you forthwith to apprehend the said Charles Fernanda and to bring himbefore the Magistrate's Court of Colombo at Hulftsdorp aforesaid to answer to the said complaint and to befurther dealt with according to law.

Given under my hand this day of. 19...... at Hulftsdorp. in the division aforesaid.

(Signed) X. Y.

II/232

no. 4


WARRANT OF ARREST IN THE FIRST INSTANCE [Sections 50(1),

To (name and designation of the person or persons who is or are to execute the 139 (1)(b)andwarrant). 140.]

Whereas complaint hath this day been made before the undersigned, a Magistrate in and for the said divisionof Colombo for that Kankanige Carolis Appu, of Wetlawatte. in the said division of Colombo, a Laboureremployed on the Railway, did on the night of Friday last, the 12th instant, after sunset and before sunrise, breakinto the dwelling house of one Abraham Fernanda, at Hulflsdorp in the said division, in order to commit theft,and thereby committed an offence punishable under section 443 of the Penal Code: and oath being now madebefore me substantiating the matter of such complaint:

These are therefore to command you forthwith to apprehend the said Kankanige Carolis Appu and bring himbefore the Magistrate's Court of Colombo at Hultfsdorp to answer to the said complaint, and to be further dealtwith according to law. . • .

Given under my hand this , day of, 19..... at Hulftsdorp in the division aforesaid.

No. 5(Signed)..

PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED

In the Magistrate's Court of .................Whereas a warrant was on the ............day of............ 19....... issued by the undersigned, a Magistrate in and

for the said division of ............ for the apprehension of A.B; of (here insert name, place of residence, andoccupation), to answer a complaint that he the said A.B. did on the ......„..„ day of ............ 19...... at .............within the Jurisdiction of this court (as in warrant):

And whereas a return has been made to the said warrant that the said A.B. cannot be found :

And whereas it has been shown to my satisfaction that the said A.B. has absconded (or is concealing himself)and that it is therefore impossible to execute the said warrant:

[Section 60(1).]

Proclamation is hereby made that the said A.B. is required to appear at the court-house at........ day of............ 19..... at.,.—...... o'clock in the forenoon, to answer the said complaint.Given under my hand this day of. 19..... at in the division aforesaid.

on the

In the High Courtsitting at

No.6

SEARCH WARRANT(Section 68)

(Signed)X. Y.

Case No.[Section 68.]

In the Magistrate'sCourt of . . . . . .Whereas I the undersigned have reason to believe that ground requisite for the issue of a search warrant do

exist, I do hereby authorise you

(name of officer authorised)

to search and inspect

(here describe the premises)

and to exercise the powers and perform the duties as set out in that behalf in the Code of Criminal Procedure Act.You are hereby required to make your return to this warrant on orbefore „....„„.„.....,.....

Given under my hand this............ day ............ 1978.Sgd: High Court Judge.

Magistrate.No. 7-

WARRANT OF COMMITMENT ON A SENTENCE OFIMPRISONMENT OR FINE PASSED BY THE HIGH COURT

[Sections 264,287 and 290.]

Case No.

jurisdiction of this Court 4 .,.....—....

In the High Court.

....Where on the........... day of .......19............................ the .............accused in Case No. ....duly convicted before me for that he did on the .........—.. day of.............. 19..... at .............

and thereby committed an offence punishable under section .......

.......... was, within the....... of the

11/233

Cap. 26] CODE OF CRIMINA L PROCED URE

Penal Code, and was sentenced to 5.............. imprisonment, and to pay a fine of Rs. .............. or in default ofpayment to undergo .............. imprisonment, and whereas the said fine has not been paid :

These are therefore to command you an officer of the Department of Prisons to take the said .............. andhim safely deliver to the superintendent abovenamed together with this warrant.

And I do hereby command you, the said superintendent of the prison, to receive the said .............. into yourcustody in the said prison, and there keep him safely, until the aforesaid sentence has been carried into execution.

Given under my hand this .............. day of.............. 19..... at.

(Signed)X. Y. .............Judge of the High Court.

1. Name of accused.2. First, second, third, as the case may be.3. Name and official designation.4. State the offence or offences concisely.s. State the punishment fully and distinctly and strike out unnecessary words.

No. 8


SUMMONS TO A WITNESS [Sections 44and 255.]

To Don Charles Appuhamy of No. 179, Galle Road, Colombo. BoutiqueKeeper.

Whereas complaint has been made before the Magistrate's Court of the division of Colombo for that (herestale as in the summons or warrant issued against the accused), and it has been made to appear 1.0 a Magistrate forthe said division, that you are likely to give evidence for the prosecution fur defence;: '

These are therefore to require you to be and appear at the court house at Hulftsdorp, Colombo, on the.............. day of .............. 19..... al ten o'clock in the forenoon before such Magistrate as may then be there, totestify what you know concerning the matter of the said complaint, and not to depart thence without leave of theCourt: and you are hereby warned that if you shall, without just excuse; neglect or refuse to appear on the saiddate, a warrant will be issued to compel your attendance.

Given under my hand this .............. day of.............. 19..-.. at Hulftsdorp, in the division aforesaid.

(Signed) X. Y.Magistrate/Authorized Officer.

No. 9

Case No:

WARRANT OF DETENTION [Sections 115,195. 263 and264.]

In the High Court holden at.In the Magistrate's Court of..

To the Superintendent of the prison al

Whereas on .............. day of.............. 19—..., ' .............. was forwarded to the Magistrate's Court of ,.—.........in terms of the provisions of .............. of the Code of Criminal Procedure Act and it has become necessary todetain the said 2.............. pending further investigations/trial.

These are therefore to command you, an officer of the Department of Prisons to take the said .............. andhim safely deliver to the Superintendent referred to above together with this warrant.

And I do hereby command you ihe said Superintendent of the said prison to receive the said .........:.... intoyour custody in the said prison and there safely keep him until the .............. day of .............. 19...... when you thesaid Superintendent are required to convey and produce him before the undersigned, a Magistrate/' High CourtJudge in and for the division/judicial zone of .....,.....,,. or before such other Magistrate/High Court Judge for thesaid division/judicial zone as may then be there to be further dealt with according to law.

Given under my hand this .............. day of .............. 19.....,- at .............. in the division/judicial zone of.............. aforesaid.

(Signed).Magistrate/High Court Judge.

'. Name, residence, designation, etc., of accused.1. Name of accused. '

II/234

CODE OF CRIMINA L PROCED URE [Cap. 26

No. 10

WARRANT OF DETENTION AFTER DISCHARGE OF JURYCase No:..............In the High Court holden at ..............To the Superintendent of the prison at.............. . , ,

Whereas on the .............. day of.............. 19.....' ...,.—...... was tried before me at............... for that he did onthe .............. day of .............. 19....... at .............. within the jurisdiction of this Court2 .............. and therebycommitted an offence under section .............. of the Penal Code.

And whereas the jury which was empanelled to try the said3.............. on the said offence was discharged underthe provisions of the Code of Criminal Procedure Act and it is therefore necessary for the said 3 .............. to bedetained in custody until he can be tried by another jury, he having failed to give security in the sum ofRs............... demanded.4

These are therefore to command you an officer of the Department of Prisons to take the said .............. andhim safely deliver to the Superintendent referred to above together with this warrant.

And I do hereby command you, the said Superintendent of the said prison to receive the said1 ..,....,....„ intoyour custody in the said prison and there keep him safely until the .............. day of.............. 19...... when you arehereby required to convey and produce him before the High Court holden at.............. to stand his trial by anotherJury.

Given under my hand this .............. day of.............. 19...... at(Signed) X. Y.

Judge of the High Court.1. Name, residence and designation of accused.2. State the offence or offences concisely.3 Name of accused.4. Strike out any words that are unnecessary.

No-11

[Sections 239and 264.]


WARRANT OF COMMITMENT FOR TRIALCase No...............In the Magistrate's Court of ..............To the Superintendent of the prison at.

Whereas I have committed '.............. for trial on the following charge2 3.

These are therefore to command you an officer of the Department of Prisons to take the said * .............. intoyour custody in the said prison and there safely keep 5 .............. until and during 6.............. trial upon the saidcharge before the High Court or until thence delivered by due course of law.

These are further to command you the said Superintendent to convey and produce the said 4.............. beforethe High Court whenever required for the purpose of 6 . . .—.. .—.. trial before the said court.

Given under my hand this ............... day of.............. 19...... at ..............

(Signed) X. Y.Magistrate for the division of

1. Name or names of accused, and his, her or their residence, designation, &c.2. Or " charges " if more than one-3. Insert the charge or charges, as the case may be.4. Name or names of accused.5. " Him ", " her " or " them ", as the case may be.6. " His ", " her ", or " their ", as the case may be.

No. 12

WARRANT OF REMAND OR COMMITTAL TO CUSTODY ONPOSTPONEMENT OR ADJOURNMENT

Case No. ............In the .............. Court at ..............To the Superintendent of the prison at ..............


Whereas on the .............. day of .............. 19...... complaint was made upon indictment/was presented to the.............. Court at.............. that' ............. did on the .............. day of .............. 19-.,..2.............. (if the accused isbeing tried, add:— and whereas the said 3.............. has been brought for trial before me):

And whereas owing to the absence of a material witness4 it has become necessary to postpone (or to adjourn,as the case may be) the inquiry into/trial oflhe matter of the said complaint/indictment until the .............. day of.............. 19...... at .............. o'clock at .............. and it is necessary that the said3 . . .- . , , . .---, , should in the meantimebe remanded in custody (or committed to custody, as the case may be):

11/235

CODE OF CRIMINAL PROCEDURE

These are therefore to command you an officer of the Department of Prisons to take the said 3.............. andhim safely deliver to the Superintendent referred to above together with the warrant and I do hereby commandyou, the said Superintendent of the said prison to receive the said 3.............. into your custody in the said prisonand there safely have him until the .............. day of .............. 19——, when you. the said Superintendent arc herebyrequired to convey and produce him at the lime and place to which the said inquiry/trial is postponed (oradjourned, as the case may be) before the undersigned, or before such other Magistrate (or High Court Judge, asthe case may be) as may then be there, to answer further to the said complaint/indictment and to be further dealtwith according to law.

(Signed)X. Y...............Magistrate/ High Court Judge.

1. Stale name, residence, disignation, Ac. of accused.2. Slate the offence or offences as in the summons or warrant.3. Name of accused.4. If otherwise, slate the cause of the postponement or adjournment.5. If offence bailable, add " he having failed to give security in the sum of Rs. demanded'

No. 13

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENTPASSED BY A MAGISTRATE



To the Superintendent of the Prison at Welikada.

Whereas Charles Fernanda was this day duly convicted before the undersigned, a Magistrate in and for thesaid division of Colombo, for that he on the llth day of............ 19........ at Slave Island, within the said division,voluntarily caused hurt to one Juanis Appu, and thereby committed an offence punishable under section 314 ofthe Penal Code, and was thereby sentenced to one month's rigorous imprisonment.

These are therefore to command you an officer of the Department of Prisons to take the said CharlesFernanda and him safely deliver to the Superintendent referred to above together with this warrant and I dohereby command you, the said Superintendent of the said prison, to receive the said Charles Fernanda into yourcustody in the said prison and there carry the aforesaid sentence into execution. .

at Colombo in the division aforesaid.

(Signed) X. Y..,........:..

No. 14

RECOGNIZANCE OF APPEAL AGAINST A CONVICTION

In the Magistrate's Court of Colombo. •

Be it remembered that on the .....„....— day of............... 19—,.., Ferdinando de Silva, of No. 159, Kollupitiya.Colombo, Boutique-keeper, and Charles Fernanda of No. 239, ihe Pettah, Colombo aforesaid. Boutique-keeper,personally came before me, a Registrar in and for the division, and acknowledged themselves to owe theGovernment of Sri Lanka the sum of rupees '.............. each to be levied of their property, movable andimmovable to the use of the Government of Sri Lanka if default shall be made in the condition following :

Whereas by a certain conviction under the hand of William Henry Moor. Esqr., a Magistrate for the divisionaforesaid the said Charles Fernanda is convicted for that he on (stale offence as stated in conviction):

And whereas the said Charles Fernanda has preferred an appeal against the said conviction:

Now the condition of this recognizance is such that if the said Charles Fernanda shall abide the judgment ofthe Court of Appeal and pay such costs (if any) as shall by the said court be awarded, then this recognizance to bevoid. -

Given under my hand this 19. , day of,

(Signed) X. Y.•"Taken and acknowledged before me

1. Slate amount.

N.B.—Use same form with adaptations as necessary for recognizance on appeal against a conviction in the HighCourt.

11/236


FORM OF INDICTMENT [Sections162(3), 164 and165.3Kankanige Carolis Appu, of Wellawatta.

You arc indicted at the instance of.............. the Attorney-General of the Republic of Sri Lanka and the chargeagainst you is that on the night of.............. the ............... of ............. 19....... after sunset and before sunrue, youdid break into the dwelling house of one .............. at.............. in the judicial zone of Colombo, in order to committheft, and thereby committed an offence punishable under section 443 of the Penal Code.

(Signed)..............List of Productions " •

1. A crowbar2. A mammoly3. Extract from the Information Book kepi at the Police Station at Mount Lavinia.

List of Witnesses -1. Maria Fernanda of No. 5, Castle Lane, Colombo. "2. Don Charles Appuhamy, Grama Seva Niladhari ofRatmalana.3. William Thomas. Police Sergeant at Mount Lavinia.

No. 16

(Sections 322and 331.]

FORM OF PETITION OF APPEALIn the Court of Appeal of the Republic of Sri Lanka

To the Honourable the President and the other Judges of the Court of Appeal.The petition of A.B.Showeth as follows: '

1. Your petitioner*, the abovenamed A.B. was charged with (here'describe the charge shortly) andconvicted/acquitted** in the Magistrate's Court of ............. held at ..—.....„.. oh the .............. day of ...„....„„.19..— and the following judgment was passed thereon : _

' (Here stale shortly the substance of the judgment.)2. Your petitioner* is dissatisfied with the said judgment on the grounds following :

(Here stale the grounds of appeal on which the petitioner relies, numbering them consecutively)3. Your petitioner* prays that such judgment may be reversed or that such order may be made as justice may

require. .(Signed)..............

* If the Attorney-General is the appellant, omit the words *" Your petitioner **.•• Delete whatever is not applicable.N.B.— This form may be used with suitable modifications when the appeal or application for leave to appeal is

from a judgment or order of the High Court.No. 17

FORM OF SPECIAL CASE , [Sections 361In the Court of Appeal of the Republic of Sri Lanka . J

In the matter of a complaint in which AA was complainant and G.H. defendant.

Case stated by the undersigned under the provisions of Chapter XXIX of the Code' of CriminalProcedure Act. . - <

At the Magistrate's Court/High Court of..,.......„„ held at .......„.„„ before the undersigned on the..............day of.............. 19.. ...G.H. the above-named defendant, was charged as follows:

(Here stale the charge or indictment as the case may be)At the hearing of the said charge/indictment it was-proved (here set out so much of the facts proved as

is necessary to raise the question or questions of law intended to be admitted).It was thereupon contended on the part of the defendant fhere slate the legal objection taken). But I being of opinion that (here state the ground on which the court decided the case) held that (here «

State the decision and Judgment of the court).The question for the opinion of this court is whether the said determination wu correct in point of

law, and what should be done in the premises. : Dated this ..........„.; day of.............. 19...,..

(Stgned)X.YNo. 18

FORM OF OATH TO BE TAKEN BY OFFICER TO WHOSE CHARGE A JURY IS COMMITTED [Section233(2).]You shall suffer none to speak to them, nor shall you speak to them yourself without the leave of the

Judge, except only to ask them whether they are agreed.

.11/237