Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 122

Power to compel attendance of witnesses

122.
(1) If for the purpose of any trial in any court the prosecutor or the accused applies to the court to issue process to compel the attendance of any witness or the production of any document or other thing, the court shall issue such process unless for reasons to be recorded the court deems it unnecessary so to do.
(2) If the court suspects that process to compel the attendance of any witness is applied for, for the purpose of vexation or delay or for defeating the ends of justice, the court may require the applicant to satisfy it by affidavit or otherwise that there are reasonable grounds for believing that the evidence of such witness is material, and if it is not so satisfied may refuse to summon the witness (recording its reasons for such refusal) or may before summoning him require such sum to be deposited as the court thinks necessary to defray the expense of obtaining the attendance of such witness. If the evidence actually given by such witness is, in the opinion of the court, material, the court may direct that the sum so deposited be returned to the applicant.


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