Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973)


TABLE OF PROVISIONS

           Long Title

   1.	   Short title and dates of operation  
   2.	   Construction of this Law  
   3.	   Repeals  
   4.	   Regulations  
   5.	   Institutions for the administration of justice  
   6.	   Division of Sri Lanka for judicial purposes  
   7.	   Sittings of every court to be public  
   8.	   Constitution of the Supreme Court  
   9.	   Performance of other functions by Judges of the Supreme Court  
   10.	   Seal of the Supreme Court  
   11.	   Appellate jurisdiction of the Supreme Court  
   12.	   Supreme Court may issue man dales in the nature of write  
   13.	   Supreme Court may inspect records  
   14.	   Exercise of jurisdiction  
   15.	   Rules of court  
   16.	   Establishment of High Courts, District Courts and Magistrates' Courts  
   17.	   Additional Judges  
   18.	   Appointment of High Court Judges  
   19.	   Concurrent jurisdiction  
   20.	   Criminal Jurisdiction  
   21.	   Power to grant injunction  
   22.	   Election Jurisdiction  
   23.	   Appointment of High Courts for admiralty purposes  
   24.	   Appointment of District Judges  
   25.	   Concurrent jurisdiction  
   26.	   Civil jurisdiction  
   27.	   Criminal jurisdiction  
   28.	   Revenue Jurisdiction  
   29.	   Appointment of Magistrates  
   30.	   Civil jurisdiction  
   31.	   Criminal jurisdiction  
   32.	   Duties of Attorney-General  
   33.	   Admission of attorneys-at-law  
   34.	   Rights and liabilities of attorneys-at-law  
   35.	   Suspension and removal of attorneys-at-law  
   36.	   Advocates and proctors to continue in office  
   37.	   Justices of the Peace and Unofficial Magistrates  
   38.	   State Attorneys  
   39.	   Registrar and other officers of court  
   40.	   Ministerial powers and duties  
   41.	   Power to punish for contempt of court  
   42.	   Powers of courts to grant injunctions  
   43.	   Objection to jurisdiction  
   44.	   Transfer of cases  
   45.	   Power of Attorney-General to decide court or place at which trial should be held  
   46.	   Minister to nominate court for specific categories of offences  
   47.	   Provision for continuing any case begun before a Judge becoming disabled  
   48.	   Provision for hearing of cases where Judge is a party  
   49.	   Conviction or acquittal no bar to any civil action  
   50.	   In what court offences declared punishable by fine or imprisonment generally may be tried  
   51.	   Expenses of witnesses  
   52.	   Criminal Justice Commissions  
   53.	   Pending proceedings  
   54.	   Interpretation  
   55.	   Inquiry and trial of offences  
   56.	   Security for keeping the peace or for good behaviour  
   57.	   Procedure for inquiry  
   58.	   Dispersal of unlawful assembly  
   59.	   Power to compel restoration of abducted females  
   60.	   Action in respect of public nuisance  
   61.	   Conditional order to be made absolute or rescinded  
   62.	   Inquiries into disputes affecting lands  
   63.	   Determination and order of Magistrates  
   64.	   Penalty for contravention of or failure to comply with order  
   65.	   Order not to affect right or interest which may be established in civil suit  
   66.	   Provisions of Conciliation Boards Act not to apply  
   67.	   Duty to give information of crimes and sudden deaths  
   68.	   Inquests of deaths  
   69.	   Information relating to the commission of an offence  
   70.	   Investigation by the Police  
   71.	   Examination by medical practitioner  
   72.	   Taking of finger impressions, specimens of hair, &c, of suspected persons  
   73.	   Search by police officer  
   74.	   Magistrate to assist investigation  
   75.	   When investigation cannot be completed in twenty-four hours  
   76.	   Release of suspect if evidence deficient  
   77.	   Procedure upon completion of investigation  
   78.	   Director of Public Prosecutions may apply for further detention  
   79.	   Warrants of remand or detention  
   80.	   Police reports to be made to the Director of Public Prosecutions  
   81.	   Contents of police reports  
   82.	   Powers and duties of the Director of Public Prosecutions  
   83.	   Right to institute private prosecution a unaffected  
   84.	   Arrest upon a warrant  
   85.	   Arrest by police officer without warrant  
   86.	   Arrest by private persons  
   87.	   Arrest by a judge  
   88.	   Pursuit and re-arrest of person escaping from lawful custody  
   89.	   Assistance from public to Judges, police officers and other persons  
   90.	   Manner of making arrest  
   91.	   Person arrested to be produced before Judge  
   92.	   Power to take bond for appearance  
   93.	   Proclamation for person absconding  
   94.	   Attachment of property of persons absconding  
   95.	   When search warrants may be issued  
   96.	   Search of suspected to contain stolen property  
   97.	   Disposal of things found in search beyond jurisdiction  
   98.	   Search for persons wrongfully confined  
   99.	   Manner of executing search warrant  
   100.	   Court may impound things produced  
   101.	   Powers of Judge when present at  
   102.	   Disposal of property seized by a police officer  
   103.	   Grant of bail  
   104.	   Quantum of bond  
   105.	   Discharge of surety  
   106.	   Forfeiture of bond  
   107.	   Extension of bond  
   108.	   Contents of charge  
   109.	   Validity of charge  
   110.	   Amendment of indictment or charge  
   111.	   Joinder of charges  
   112.	   Separation of trials of same person on different charges  
   113.	   If offence proved is included in offence charged  
   114.	   If attempt to commit an offence is proved though attempt is not separately charged  
   115.	   If convicted on one charge, remaining charges may be withdrawn  
   116.	   Conditions necessary for the institution of prosecutions in certain cases  
   117.	   Period of proscription for crimes or offences  
   118.	   Power of Attorney-General to tender pardon  
   119.	   Corresponding offences  
   120.	   No person to be tried twice for same offence  
   121.	   Plea of previous acquittal or conviction  
   122.	   Power to compel attendance of witnesses  
   123.	   Power to summon material witness or person present  
   124.	   Power to order prisoner to be brought up for examination  
   125.	   Requisites of summons  
   126.	   Summons to be served by registered post  
   127.	   Personal service  
   128.	   Service when person summoned cannot be found  
   129.	   Procedure When personal service Cannot be effected  
   130.	   Proof of service  
   131.	   Summons to run in any part of Sri Lanka  
   132.	   Issue of warrant in lieu of or in addition to summons  
   133.	   Summons to produce document of other thing  
   134.	   Procedure in regard to letters telegrams &c  
   135.	   By whom prosecution may be conducted  
   136.	   Right of accused to be defended  
   137.	   Appearance for a corporation in court  
   138.	   Case for pro-section to be explained by court to accused, if he is not represented by an attorney-at-law  
   139.	   Trial may be held in absence of accused  
   140.	   Place of trial  
   141.	   Place of trial in special cases  
   142.	   Evidence to be taken in presence of accused  
   143.	   How evidence to he taken down  
   144.	   Interpretation of evidence to accused  
   145.	   Documentary evidence  
   146.	   Court may issue commission for taking evidence of absent witness  
   147.	   Reports of medical and other special witnesses  
   148.	   Affidavits before whom sworn  
   149.	   Power to postpone or adjourn proceedings  
   150.	   Judge to transmit proceedings to Attorney- General when required  
   151.	   Change of Judge during hearing  
   152.	   Detention of offenders attending court  
   153.	   Proceedings may be had on Sundays and holidays  
   154.	   Delivery to military authorities of persons capable of being tried by court-martial  
   155.	   Procedure where accused who is not insane does not under-stand proceedings  
   156.	   Procedure in case of accused being of unsound mind  
   157.	   When accused appears to have been of unsound mind  
   158.	   Persons confined on ground of unsoundness of mind  
   159.	   Procedure relating to offences affecting judicial proceedings  
   160.	   Imprisonment or committal of person refusing to answer or produce document  
   161.	   Punishment for perjury  
   162.	   When evidence of previous conviction or of other cases may be given  
   163.	   Institution of proceedings  
   164.	   Issue of process  
   165.	   Procedure to be adopted if case not triable by Magistrate  
   166.	   Procedure on the appearance of the accused  
   167.	   Admission of offence by accused  
   168.	   Procedure of trial  
   169.	   Verdict and sentence  
   170.	   Proof of previous convictions  
   171.	   Power of Magistrate to discharge accused at any time  
   172.	   Magistrate may examine Information Book  
   173.	   Where trial were appropriate before higher court  
   174.	   If different offence is disclosed in course of proceedings  
   175.	   Accused may be acquitted; in the absence of complainant  
   176.	   Withdrawal of charge by complainant  
   177.	   Accused maybe discharged by Magistrate with sanction of Director of Public Prosecutions  
   178.	   Institutions of proceedings  
   179.	   Contents of Indictment  
   180.	   Indictment to be forwarded to appropriate court  
   181.	   Duty of Judge upon receipt of indictment  
   182.	   Arraignment of accused  
   183.	   Case for the prosecution  
   184.	   Accused may make his defence  
   185.	   When prosecutor entitle to reply  
   186.	   Verdict and sentence  
   187.	   Proof of previous convictions  
   188.	   Attorney General may without prosecution  
   189.	   Institution of proceedings  
   190.	   Contents of indictment  
   191.	   Indictment to be forwarded to appropriate court  
   192.	   Duty of Judge upon receipt of indictment  
   193.	   Trial to be ordinarily by jury  
   194.	   Liability to serve as a juror  
   195.	   Persons who shall not serve as jurors  
   196.	   Persons who shall not serve as jurors except with their own consent  
   197.	   Exemption and excuse from service on jury  
   198.	   Preparation of lists of persons liable to serve as jurors  
   199.	   Panels of jurors to fee prepared from each list  
   200.	   Summons on jurors  
   201.	   Juror not bound to serve more than a fortnight  
   202.	   Juror absenting himself without liable to fine  
   203.	   No proceeding to be invalid by reason of defect or error in jury list or panel  
   204.	   Arraignment of accused  
   205.	   Special jury may be summoned  
   206.	   Number of jury and quorum for verdict  
   207.	   Empanelling of jury  
   208.	   Grounds of objection  
   209.	   Foreman of jury  
   210.	   Discharge of jury or juror  
   211.	   Registrar to read indictment to Jury  
   212.	   Case for the prosecution  
   213.	   Defence  
   214.	   Witnesses in rebuttal and right of reply  
   215.	   View by Jury of place where offence committed  
   216.	   Judge to take notes of evidence  
   217.	   Provisions relating to jury  
   218.	   Charge to jury  
   219.	   Duty of Judge  
   220.	   Duty of jury  
   221.	   Jury may retire to consider verdict  
   222.	   When jury ready to give verdict  
   223.	   Verdict to be given on each charge  
   224.	   Entry and signing of verdict  
   225.	   Discharge of jury when they cannot agree  
   226.	   Judgment in case of convictions  
   227.	   Re-trial of accused  
   228.	   Proof of previous convictions  
   229.	   Discontinuance of prosecutions  
   230.	   Three Judges of the High Court at Bar may try without jury in certain cases  
   231.	   mode of delivering judgment  
   232.	   Judgments of courts other than High Court  
   233.	   Sentence in ease of conviction for several offences at one trial  
   234.	   Limit of punishment of offence which is made up of several offences  
   235.	   Punishment of a person found guilty of one of several offences, where it is doubtful of which of the offences he is guilty  
   236.	   Considerations relevant on the nature of punishment  
   237.	   Sentence of death  
   238.	   Sentence of imprisonment  
   239.	   Suspended sentences of imprisonment  
   240.	   When offender subject to suspended sentence is convicted of subsequent offence  
   241.	   Discovery of further offences  
   242.	   Sentence of whipping  
   243.	   Sentence of fine  
   244.	   Payment of fine  
   245.	   Default of payment of fine  
   246.	   Attachment of salary order  
   247.	   Community service order  
   248.	   Obligations of persons subject to community service order  
   249.	   Revocation of community service order  
   250.	   Release of offenders after admonition or conditionally  
   251.	   Power of make probation order  
   252.	   Circumstances in which probation order may be made  
   253.	   Conditions in probation order  
   254.	   Donation of probation order  
   255.	   Modification or cancellation of probation order  
   256.	   Non-compliance with probation order  
   257.	   Effect of probation order  
   258.	   Security for keeping the peace on conviction  
   259.	   Security for keeping the peace on acquittal  
   260.	   Payment of costs and compensation upon acquittal  
   261.	   Payment of costs and compensation upon conviction  
   262.	   Disposal of property regarding which offence committed  
   263.	   Destruction of certain matter  
   264.	   Power to restore possession of immovable property  
   265.	   Non compliance with provisions of Law  
   266.	   Copies of record  
   267.	   Who may issued warrant  
   268.	   Procedure on issues of warrant of commitment  
   269.	   Execution of sentence of death  
   270.	   Execution of sentence of imprisonment  
   271.	   Execution of sentence of whipping  
   272.	   Money ordered to be paid as fines  
   273.	   Sentences of escaped prisoners or absconding accused  
   274.	   Return of warrant on execution of sentence  
   275.	   Interpretation  
   276.	   Public Trustee to be sole competent authority in testamentary matters  
   277.	   Duty to report death  
   278.	   Duty to produce will  
   279.	   No action maintainable to recover property of testator or intestate of over twenty thousand rupees unless probate or administration has been granted  
   280.	   Application for probate or administration  
   281.	   Application for administration in case of intestacy  
   282.	   Declaration of assets assessments of estate duty, &c  
   283.	   Interim order  
   284.	   Objections to interim order  
   285.	   Adjudication by court  
   286.	   Interim order to be made final or revoked  
   287.	   Grant not to be made until payment of estate duty  
   288.	   Cash inventory and valuation of property  
   289.	   Insolvent testamentary estates  
   290.	   Administration extends to all property of deceased where-ever situate  
   291.	   Recall of probate or letters  
   292.	   Where no executor applies  
   293.	   Where estate is not completely administrated  
   294.	   Powers to grant prohibits to the corporation  
   295.	   Conflict of claims  
   296.	   Limited and special grants  
   297.	   Compensation of executors and administrators  
   298.	   Rectification of errors in grant  
   299.	   Reference to court  
   300.	   Filing of accounts  
   301.	   Liability of interest  
   302.	   Discovery of property  
   303.	   Intermediate account  
   304.	   Final Accounts  
   305.	   Final settlement to be conclusive in certain cases  
   306.	   Order of Public Trustee for distribution of estate  
   307.	   Prescription  
   308.	   Administration of estates by Public Trustee  
   309.	   Resealing in Sri Lanka of probates letters of administration granted outside Sri Lanka  
   310.	   Payment of stamp duty  
   311.	   Offences and penalties  
   312.	   Transitional provisions  
   313.	   Construction of other written law  
   314.	   Interpretation  
   315.	   Appellate proceedings  
   316.	   Appeals in criminal cases  
   317.	   Appeals in civil cases  
   318.	   Notice of appeal  
   319.	   When one of several plaintiffs or defendants may appeal against judgment  
   320.	   Computation of time  
   321.	   Additional steps  
   322.	   Deposit of security  
   323.	   Form of notice of appeal  
   324.	   Notice of appeal may foe amended or rejected  
   325.	   Stay of further proceedings upon acceptance of notice of appeal  
   326.	   Application for leave to appeal  
   327.	   Disposal of application for leave  
   328.	   Stay of further proceedings upon leave being granted  
   329.	   Appeal to be numbered entered on Register of Appeals  
   330.	   Appellant to file written submissions  
   331.	   Form of written sub missions  
   332.	   Respondent may file counter submissions  
   333.	   Appellant file addendum  
   334.	   Respondent to be exempted from filing counter submissions in certain cases  
   335.	   Submissions to be filed in triplicate  
   336.	   Roll of Pending Appeals  
   337.	   Appeal to be listed for hearing  
   338.	   Consolidation of appeals  
   339.	   Procedure at the hearing  
   340.	   Appellant in custody entitled to be present  
   341.	   Supplementary of court  
   342.	   Delivery of judgment  
   343.	   Form of judgment  
   344.	   Decree to be entered  
   345.	   Legal assistance to appellant  
   346.	   Costs  
   347.	   State representation  
   348.	   Powers of court  
   349.	   Appeal from District of Magistrate Courts in criminals cases  
   350.	   Appeal from judgment of High Courts in criminal cases  
   351.	   Withdrawal of appeals  
   352.	   Death or change of status of party to appeal  
   353.	   Effect of error omission or default in complying with the provisions of this Law  
   354.	   Powers of revision  
   355.	   Appeals pending before the Supreme Court  
   356.	   Interpretation  
   357.	   Destruction of Court records  
   358.	   Notice praises Destructive  
   359.	   Action consequent to destruction  
   360.	   Interpretation  
   361.	   Section - 361  
   362.	   Section - 362  
   363.	   Section - 363  
   364.	   Section - 364  
   365.	   Section - 365  
   366.	   Section - 366  


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