Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 111

Joinder of charges

111.
(1) for every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tided separately except in the cases mentioned in the next succeeding subsections which said subsections may be applied either severally or in combination.
(2) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences he may be charged with and tried at one trial for any number of them not exceeding three, and in trials before the High Court or a District Court such charges may be included in one and the same indictment. Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the law.
(3) If in one series of acts so connected together as to form the same transaction more offences than one are committed by the same person he may be charged with and tried at one trial for every such offence, and in trials before the High Court or a District Court such charges may be included in one and the same indictment.
(4) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished the person accused of them may be charged with and tried at one trial for each of such offences, and in trials before the High Court or a District Court such charges may be included in one and the same indictment.
(5) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence the person accused of them may be charged with and tried at one trial for the offence constituted by such acts when combined and for any offence constituted by any one or more of such acts, and in trials before the High Court or a District Court such charges may be included in one and the same indictment.
(6) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with all or any one or more of such offences and any number of such charges may be tried at one trial and in a trial before the High Court or a District Court may be included in one and the same indictment; or he may be charged with having committed one of the said offences without specifying which one. If, however, the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of this subsection, he may be convicted of the offence which he is shown to have committed although he was not charged with it.
(7) When more persons than one are accused of jointly committing the same offence or of different offences committed in the same transaction or when one person is accused of committing any offence and another of abetment of or attempt to commit such offence, they may be charged and tried together or separately as the court thinks fit.


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