Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 74

Magistrate to assist investigation

74.
(1) Every Magistrate to whom application is made in that behalf shall assist the conduct of an investigation by making and issuing appropriate orders and processes of court, and may, in particular-
(a) hold, or authorize the holding of, an identification parade for the purpose of ascertaining the identity of the offender, and for such purpose require a suspect or any other person to participate in such parade, and make or cause to be made a record of the proceedings of such parade;
(b) record any statement made to him at any time before the commencement of a trial and forward such statement to the officer in charge of the appropriate police station.
(2) The whole of a statement made under this section shall be recorded in full in the language in which it is made, and such record shall be shown or read to the person making the same and he may explain or add to his statement. When the whole is made conformable to what he declares is the truth, the record shall be signed by the Magistrate who shall certify under his own hand that it was taken in his presence and in his hearing and contains accurately the whole of the statement made to him.
(3) No Magistrate shall record any statement under this section being a confession unless upon questioning the person making it he has reason to believe that it was made voluntarily, and when he records any such statement he shall make a memorandum at the foot. of such record to the following effect:
(4) The person making a statement under this section shall sign or attest by his mark such statement, and in the event of his refusing to do so the Magistrate shall record such refusal.


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