90.
| (1) In making an arrest the person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action. If such person forcibly resists the endeavour to arrest him or attempt to evade the arrest, the person making the arrest may use all means necessary to effect the arrest. Nothing in this subsection shall, however, give the right to cause the death of a person who is not accused of an offence punishable with death. |
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| (2) If any person acting under a warrant of arrest or having authority to arrest has reason to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of such place shall on demand of such person acting or having authority as aforesaid allow him free ingress thereto and afford all reasonable facilities for a search therein. If ingress to such place cannot be obtained, it shall be lawful in any case for a person acting under a warrant, and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place to break open any outer or inner door of any place whether that of the person to be arrested or of any other person, if after notification of his authority and purpose and demand of admittance duly made he cannot otherwise obtain admittance. |
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| (3) Whenever a search for anything is or is about to be lawfully made in any house or place in respect of any offence all persons found therein may be law fully detained in such house or place until the search is completed, and they may, if the thing sought be in its nature capable of being concealed on the person, be searched for it by or in the presence of a Magistrate or' a police officer not below the rank of Inspector. |
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| (4) Any person authorized to make an arrest may break open any outer or inner door or window of any place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. |
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| (5) The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. |
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| (6) Whenever a person-
| | (a) is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or | | |
| | (b) is arrested without warrant or by a private person under a warrant and cannot legally be admitted to bail or is unable to furnish bail, | | |
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| (7) The person making any arrest may take from the person arrested any offensive weapons which he has about his person and shall deliver all weapons so taken to the court or officer before which or whom the person making the arrest is required by law to produce the person arrested. |
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| (8) The person executing a warrant of arrest shall notify the substance thereof to the person arrested, and endorse on it the time when and the place where the arrest was made, and shall, if so required, show him the warrant. He shall also deliver to the person arrested a copy of the complaint or report or other document upon which proceedings against him have been instituted. Where a person is arrested without a warrant, the person making the arrest shall at the time of the arrest inform such person, as far as practicable, of the reasons for his arrest. |
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Sri Lanka Consolidated Acts