Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 85

Arrest by police officer without warrant

85.
(1) Any police officer may without a warrant arrest- Nothing in this section shall be held to interfere with or modify the operation of any other law empowering a police officer to arrest without a warrant.
(a) any person who in his presence commits any breach of the peace;
(b) any person who has been concerned in any offence in respect of which he may be arrested without a warrant or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned;
(c) any person having in his possession without "lawful excuse (the burden of proving which excuse shall lie on such person) any implement of house-breaking;
(d) any person who has been proclaimed as an offender:
(e) any person in whose possession anything is found which may reasonably be suspected to be property stolen or fraudulently obtained and who may reasonably be suspected of having committed an offence with reference to such thing;
(f) any person who obstructs a police officer while in the execution of his duty or who has escaped or attempts to escape from lawful custody;
(g) any person reasonably suspected of being a deserter from the Sri Lanka Army, Navy, or
(h) any person found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing an offence in respect of which he may be arrested without a warrant;
(i) any person who has been concerned in or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in any act committed at any place out of Sri Lanka, which if committed in Sri Lanka would have been punishable as an offence and for which he is under any law relating to extradition or to fugitive offenders or otherwise liable to be apprehended or detained in custody in Sri Lanka.
(2) When any person in the presence of a police officer is accused of committing an offence in respect of which he may not be arrested without a warrant and refuses on the demand of such police officer to give his name and residence or gives a name or residence which such officer has reason to believe to be-false, he may be arrested by such police officer in order that his name or residence may be ascertained.
(3) When any person is accused of committing an offence and a police officer has reason to believe that such persons has no permanent residence in Sri Lanka and that he is about to leave Sri Lanka, he may be arrested by such police officer.
(4) For the purpose of arresting any person whom he has power to arrest without a warrant a police officer may pursue any such person into any part of Sri Lanka.
(5) A police officer making an arrest under this section shall without unnecessary delay and subject to the provisions herein contained as to bail take or send the person arrested before the Magistrate within whose jurisdiction the arrest was made.
(6) Officers in charge of police stations shall report to the Magistrates' Courts of their respective districts the cases of all persons arrested without warrant by any police officer attached to their stations or brought before them and whether such persons have been admitted to bail or otherwise.
(7) The offences in respect of which a police officer may arrest without a warrant shall be as set out in the Schedule hereto.

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