Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979)


           Long Title

   1.	   Short title and date of operation  
   2.	   Interpretation  
   3.	   Words referring to acts include illegal omissions  
   4.	   Powers, jurisdiction, rights and duties of certain officers  
   5.	   Trial of offences under Penal Code and other laws  
   6.	   Saving of powers of Supreme Court, Court of Appeal &c. Attorney-General  
   7.	   Cases not provided for  
   8.	   Power of Supreme Court, and Court of Appeal, to inspect courts of first instance  
   9.	   Criminal summary jurisdiction of Magistrates' Courts  
   10.	   Offences under Penal Code  
   11.	   Offences under other laws  
   12.	   High Court to try cases only upon indictment  
   13.	   Sentence which High Court may impose  
   14.	   Sentence which a Magistrate's Court may impose  
   15.	   No sentence of imprisonment for a term of less than seven days  
   16.	   Sentence in case of conviction for several offences at one trial  
   17.	   Payment of costs and compensation upon acquittal  
   18.	   Community service orders  
   19.	   Public when to assist Magistrates and peace officers  
   20.	   Aid to person other than peace officer executing warrant  
   21.	   Public to give information of certain offences  
   22.	   Peace officer bound to report certain matters  
   23.	   Arrest how made  
   24.	   Search of place entered by person sought to be arrested  
   25.	   Procedure where ingress not obtainable  
   26.	   Search of person in place searched under warrant  
   27.	   Power to break open doors and windows for purposes of liberation  
   28.	   No unnecessary restraint  
   29.	   Search of persons arrested  
   30.	   Mode of searching women  
   31.	   Power to seize offensive weapons  
   32.	   When peace officers may arrest without warrant  
   33.	   Powers of arrest in an non cognizable cases  
   34.	   Pursuit of offenders into other jurisdiction  
   35.	   Arrest by private persons, procedure on such arrest  
   36.	   How person arrested is to be dealt with  
   37.	   Person arrested not to be detained more than twenty-four hours  
   38.	   Police to report arrests  
   39.	   Discharge of person arrested  
   40.	   Offence committed in the presence of Magistrate  
   41.	   Arrest by or in presence of Magistrate  
   42.	   Power to pursue and retake a person escaping from lawful custody  
   43.	   Provisions of sections 24, 25 and 27 to apply to arrests under section 42  
   44.	   Requisites of summons  
   45.	   Summons how served  
   46.	   Service when person summoned cannot be found  
   47.	   Procedure when personal service cannot be effected  
   48.	   Service on employees of the State, local authorities or corporations  
   49.	   Proof of service  
   50.	   Form of warrant of arrest  
   51.	   Court may-direct security to be taken  
   52.	   Warrants to whom directed  
   53.	   Notification of substance of warrant  
   54.	   Person arrested to be brought before court without delay  
   55.	   Where warrant may be executed  
   56.	   Warrants for execution outside jurisdiction  
   57.	   Warrant directed to Fiscal for execution outside jurisdiction  
   58.	   Procedure on arrest of person against whom warrant is issued  
   59.	   Arrest possible though warrant is not in hand  
   60.	   Proclamation for person absconding  
   61.	   Attachment of property of person absconding  
   62.	   Restoration of attached property  
   63.	   Issue of warrant in lieu of or in addition to summons  
   64.	   Power to take bond for appearance  
   65.	   Summons to run in any part of Sri Lanka  
   66.	   Summons to produce document or other thing  
   67.	   Procedure as to letters, telegrams, &c  
   68.	   When search warrant may be issued  
   69.	   Power to restrict warrant  
   70.	   Search of house suspected to contain stolen property, forged documents, &c  
   71.	   Disposal of things found in search beyond jurisdiction  
   72.	   Search for persons wrongfully confined  
   73.	   Direction, &c, of search warrants  
   74.	   Persons in charge of closed place to allow search  
   75.	   Officer to make list of things seized  
   76.	   Occupant of place searched may attend  
   77.	   Court may impound things produced  
   78.	   Search warrants may be endorsed by peace officer  
   79.	   Powers of Magistrate when present at search  
   80.	   Security for keeping the peace on conviction  
   81.	   Security for keeping the peace in other cases  
   82.	   Security for good behaviour from suspected persons, vagrants, &c  
   83.	   Security for good behaviour from habitual offenders  
   84.	   Summons or warrant in case of person not so present  
   85.	   Form of summons or warrant  
   86.	   Inquiry as to the truth of information  
   87.	   Order to give security  
   88.	   Discharge of person informed against  
   89.	   Imposition of term of imprisonment in default of security  
   90.	   Commencement of period for which security is required  
   91.	   Contents of bond  
   92.	   Commitment to prison for default in giving security  
   93.	   Power to release person imprisoned for failing to give security  
   94.	   Discharge of sureties  
   95.	   Dispersal of unlawful assembly  
   96.	   Power of commissioned military officers to disperse assembly  
   97.	   Protection for acts done under this Chapter  
   98.	   Conditional order for removal of nuisance  
   99.	   Service or notification of order  
   100.	   Person to whom order is addressed to obey or show cause  
   101.	   Procedure in case of appearance  
   102.	   Procedure on order being made absolute  
   103.	   Consequence of disobedience to order  
   104.	   Injunction pending inquiry  
   105.	   Magistrate may prohibit continuance of public nuisances  
   106.	   Power to issue absolute order at once in urgent cases of nuisance  
   107.	   Peace officers to prevent cognizable offence. Information of attempt to commit such offence  
   108.	   Appointment of inquirers  
   109.	   Information of an offence  
   110.	   Examination of witnesses by police or inquirer  
   111.	   Inducement not to be offered  
   112.	   Search by police officer or inquirer  
   113.	   Duty of subordinate officer to report to officer in charge of station  
   114.	   Release of accused if evidence deficient  
   115.	   Procedure when investigation cannot be completed in twenty-four hours  
   116.	   Duty of officer or inquirer to forward case to a Magistrate's Court if sufficient information is well founded or if further investigation is necessary  
   117.	   Additional powers of inquirers  
   118.	   Powers of police officers and inquirers in non-cognizable cases  
   119.	   Magistrate may withdraw case from inquirer  
   120.	   Investigation to be completed without delay  
   121.	   Powers of this chapter to be cumulative  
   122.	   Examination by medical practitioner  
   123.	   Taking of finger impressions, specimens of hair &c of suspect person-  
   124.	   Magistrate to assist investigation  
   125.	   Senior police officer may take over investigation  
   126.	   No inducement to be offered  
   127.	   Power to record statements and confessions  
   128.	   Ordinary place of Inquiry and trial. Any Magistrate's Court to have jurisdiction over offences committed on territorial waters  
   129.	   Accused is triable in district where act is done or consequence ensues  
   130.	   Place of trial where act is an offence by reason of relation to other offence  
   131.	   Escape from custody  
   132.	   Place of inquiry or trial in various cases  
   133.	   Attorney-General to decide, in case of doubt court where inquiry shall take place  
   134.	   Sentence not to be set aside because inquiry held by wrong Magistrate's Court  
   135.	   The conditions necessary for the initiation or prosecutions for certain offences  
   136.	   Proceedings in Magistrate's Court how instituted  
   137.	   Medical examination of complainant and accused in case of rape &c  
   138.	   Procedure in certain cases where accused is unknown  
   139.	   Issue of process  
   140.	   Contents of summons or warrant  
   141.	   Examination under section 139 to be recorded  
   142.	   Procedure to be adopted when case proceeds  
   143.	   In case of homicide Magistrate to hold inquiry on spot  
   144.	   In summons case personal attendance of the accused may be dispensed with  
   145.	   Preliminary inquiry  
   146.	   Accused to be informed of charge  
   147.	   Information Book Entries to be tendered  
   148.	   Depositions  
   149.	   Variance between charge and evidence  
   150.	   Charges to be read to accused after close of prosecution case  
   151.	   Provisions as to taking statement of accused  
   152.	   Evidence for the defence  
   153.	   Discharge  
   154.	   Commitment for trial  
   155.	   Accused's witnesses  
   156.	   Material witnesses So be bound (Over to appear  
   157.	   Magistrate to certify record  
   158.	   Accused entitled to copy of evidence and statements to the police  
   159.	   Record to be forwarded to court of trial, and certified copy of record to Attorney-General  
   160.	   Presentation and service of indictment  
   161.	   When trial shall be by jury and when not  
   162.	   Contents of indictment  
   163.	   Inquiry to be concluded in a month  
   164.	   Charge to state offences  
   165.	   Particulars as to time place and person  
   166.	   Effect of errors  
   167.	   Court may alter charge  
   168.	   When trial may proceed on altered charge immediately.  
   169.	   When new trial may be directed 01; trial adjourned  
   170.	   Stay of proceedings if prosecution of offence in altered charge requires previous sanction  
   171.	   Recall of witnesses when altered  
   172.	   Effect of material error  
   173.	   Separate charge for separate offence  
   174.	   Three offences of same kind within a year may be charged together  
   175.	   Trial for more than one offence  
   176.	   Where it is doubtful what offence has been committed  
   177.	   When a person charged with one offence may be convicted of a different offence  
   178.	   When offence proved included in. offence charged  
   179.	   Conviction of an attempt to commit an offence though attempt is not separately charged  
   180.	   All persona concerned In committing an offence may be charged together  
   181.	   When conviction on one charge remaining charges may be withdrawn  
   182.	   Particulars of case to be stated to accused  
   183.	   Admission of offence by accused  
   184.	   Procedure on trial  
   185.	   Verdict  
   186.	   Power of Magistrate to discharge accused at any time  
   187.	   What to be done when different offence disclosed in course of proceedings  
   188.	   Accused may be acquitted in the absence of complainant  
   189.	   Withdrawal of charge by complainant  
   190.	   Accused may be discharged by Magistrate with sanction of Attorney-General,  
   191.	   By whom prosecution tinder this Chapter may be conducted  
   192.	   Trial may proceed in absence of accused  
   193.	   By whom trials before High Court to be conducted  
   194.	   Attorney-General may withdraw prosecution  
   195.	   Duty of Judge upon receipt of indictment  
   196.	   Arraignment of accused  
   197.	   Plea of guilty  
   198.	   Refusal to plead or plea of not guilty  
   199.	   Counsel to open his case and call witnesses  
   200.	   Court may acquit without calling for defence, or call for defence  
   201.	   Section - 201  
   202.	   When prosecuting counsel entitled to call witnesses in rebuttal  
   203.	   Judge to pass judgment  
   204.	   Arraignment of accused  
   205.	   Plea at guilty may be recorded and accused convicted thereon  
   206.	   Refusal to plead  
   207.	   When accused pleads not guilty or is willing to plead guilty to a lesser offence,  
   208.	   Special jury may be summoned  
   209.	   Number of jury and quorum for verdict  
   210.	   Empanelling of jury  
   211.	   Grounds of objection  
   212.	   Decision of objection  
   213.	   Foreman of jury  
   214.	   Duties of foreman  
   215.	   Procedure where juror ceases to attend &c  
   216.	   Discharge of jury in case of sickness of prisoner  
   217.	   Registrar to read indictment to jury  
   218.	   Opening of case for prosecution  
   219.	   Statements by prisoner to be put in  
   220.	   Procedure after examination of witnesses for the prosecution  
   2.	   Defence  
   222.	   Right of accused as to examination and summoning of witnesses  
   223.	   Witnesses in rebuttal  
   224.	   View by jury of place where offence committed.  
   225.	   When juror may be examined  
   226.	   Jury to attend on adjourned sitting  
   227.	   When jury may be kept together  
   228.	   Judge may allow jurors refreshment  
   229.	   Charge to jury  
   230.	   Duty of Judge  
   231.	   Judge may comment on question of fact or upon Question of mixed law and fact  
   232.	   Duty of jury  
   233.	   Jury may-retire to consider verdict  
   234 .	   When jury ready to give verdict  
   235.	   Verdict to be given on each charge  
   236.	   Entry and signing of verdict  
   237.	   Discharge of jury when they cannot agree  
   238.	   Judgment in case of conviction  
   239.	   Re-trial of accused  
   240.	   Procedure in case of previous conviction  
   241.	   Trial may be held in the absence accused  
   242.	   Procedure where trial is held in the absence of the accused  
   243.	   Power to make regulations  
   244.	   Liability to serve as a juror  
   245.	   Persons who shall not serve as jurors  
   246.	   Persons who shall not serve as jurors except with their own consent  
   247.	   Exemption and excuse from service on jury  
   248.	   Preparation of lists of persons liable to serve as jurors  
   249.	   Panels of jurors to be prepared from each list  
   250.	   Summons on jurors  
   251.	   Juror not bound to serve more than a fortnight  
   252.	   Juror absenting himself without leave liable to fine  
   253.	   No proceeding to be invalid by reason of defect or error in jury list or panel  
   257.	   Power of Attorney-General to direct tender of pardon by Magistrate  
   258.	   Not complying with condition on which pardon has been tendered  
   259.	   Statement of person pardoned may be given in evidence against him at his trial  
   260.	   Right of accused to be defended  
   261.	   Appearance for a corporation in court  
   262.	   Procedure where accused who is not insane does not understand proceedings  
   263.	   Power to postpone or adjourn proceedings  
   264.	   Procedure on issue of warrants of commitment &c  
   265.	   Warrant shall be full authority to superintendent of prison  
   266.	   Compounding offences  
   267.	   Change of Magistrate, during hearing or inquiry  
   268.	   Supreme Court or Court of Appeal may set aside conviction where material prejudice is caused  
   269.	   Detention of offenders attending court  
   270.	   Proceedings may be had on Sundays and public holidays  
   271.	   Case for prosecution to be explained by court to accused, If he is not represented by a pleader  
   272.	   Evidence to be taken in presence of accused  
   273.	   How evidence to be taken down  
   274.	   Procedure in regard to such evidence when completed  
   275.	   Interpretation of evidence to accused  
   276.	   Documentary evidence  
   277.	   How statement or examination of accused shall be recorded  
   278.	   Presiding Judge to take or cause to be taken notes of evidence  
   279.	   Mode of delivering judgment  
   280.	   Allocutus  
   281.	   Punishment of detention in lieu of death for the persons tinder sixteen years of age  
   282.	   Procedure where a woman convicted of a capital offence alleges pregnancy  
   283.	   Judgments of courts other than Supreme Court or Court of Appeal  
   284.	   Judgment in alternative  
   285.	   Sentence of death and whipping  
   286.	   Provisions as to execution of sentences, of death  
   287.	   Execution of sentence of High Court other than sentences of death  
   288.	   Execution of sentences under section 53 of the Penal Code  
   289.	   Execution of sentence of courts other than the Supreme Court or Court of Appeal or High Court  
   290.	   Procedure on issue of warrants under sections 286, 287 and 289  
   291.	   Provisions as to sentences of fines  
   292.	   Execution of sentence may be suspended on execution of bond by offender  
   293.	   Who may issue warrant  
   294.	   When and where sentence of whipping to be executed  
   295.	   Whipping not to be inflicted until after fourteen days  
   296.	   Whipping not to be inflicted unless medical officer certifies that offender is in a fit state of health  
   297.	   When sentence of whipping cannot be carried out offender may be discharged  
   298.	   Whipping of juvenile offenders under, sixteen years of age  
   299.	   Sentences on escaped convicts  
   300.	   Sentence on offender already sentenced for another offence  
   301.	   Certain sections of Penal Code to apply-to all offences  
   302.	   Return of warrant on execution of sentence  
   303.	   Suspended sentence of imprisonment  
   304.	   When offender subject to suspended sentence is convicted of subsequent offence  
   305.	   Discovery of further offence  
   306.	   Power of court to permit conditional release of offenders  
   307.	   conditions of recognizance  
   308.	   Power to vary conditions of recognizance  
   309.	   Provision in case of offender failing to observe conditions of recognizance  
   310.	   Power to make rules  
   311.	   President may suspend or remit sentence on conditions  
   312.	   President may commute sentence  
   313.	   Meaning of the expression " President " in this Chapter  
   314.	   No person to be tried twice for same offence  
   315.	   Plea of previous acquittal of conviction  
   316.	   An appeal not to lie except as provided for  
   317.	   Appeals not to lie in certain cases  
   318.	   Appeal from acquittal  
   319.	   Appeal against refusal to issue process  
   320.	   Right of appeal  
   321.	   Computation of time  
   322.	   What petition of appeal shall state  
   323.	   Section - 323  
   324.	   Procedure in Court of Appeal on appeal  
   325.	   Appellant to be heard first  
   326.	   Procedure if respondent not present  
   327.	   Arrest of accused in appeal from acquittal  
   328.	   Power of Court of Appeal on appeals  
   329.	   Court of Appeal may take further evidence or direct it to be taken  
   330.	   Judgment in appeal to be given in open court  
   331.	   Filing of petition of appeal or application for leave to appeal  
   332.	   Appeal maybe amended or rejected  
   333.	   Stay of further proceedings upon acceptance of appeal  
   334.	   Determination of appeals in cases where trial was by jury  
   335.	   Determination of appeals in cases where trial was without a jury  
   336.	   Appeals from sentences  
   337.	   Appeals from acquittals  
   338.	   Where appellant is guilty but insane  
   339.	   Disposal of property on conviction  
   340.	   Filing of application for leave to appeal  
   341.	   Disposal of application for leave to appeal  
   342.	   High Court to forward record to Court of Appeal on leave being granted  
   343.	   Appeals and applications to be numbered and entered in the Register of Appeals  
   344.	   Appeals and applications to be listed for hearing  
   345.	   Where leave to appeal is granted, application deemed to be an appeal  
   346.	   Appeal or application for leave to appeal to be exhibited for at least seven days  
   347.	   Acceleration and postponement of appeals and application for leave to appeal  
   348.	   Consolidation of appeals and applications for leave to appeal  
   349.	   Procedure at the hearing  
   350.	   Appellant or applicant in custody entitled to be present  
   351.	   Supplementary powers of Court  
   352.	   Delivery of judgment,  
   353.	   Legal assistance to appellant  
   354.	   Expenses  
   355.	   Effect of error, omission, or default in complying with the provisions of this Code-  
   356.	   Order of Court of Appeal to be certified to High Court  
   357.	   Costs  
   358.	   Abatement  
   359.	   Withdrawal of appeals or applications for leave to appeal  
   360.	   State representation  
   361.	   Reservation of points of law  
   362.	   Determination and orders thereon  
   363.	   Powers to reserve questions arising in High Court  
   364.	   Court of Appeal may call for record of High Court or Magistrate's Court  
   365.	   Power of court on revision  
   366.	   Section - 366  
   367.	   Optional with court to hear parties on review  
   368.	   When record called for by Court of Appeal Judge of the High Court or Magisterial may submit statement of grounds of decision  
   369.	   Inquests of death  
   370.	   Duly of inquirer  
   371.	   Death of a person in custody of police or in a mental or leprosy hospital  
   372.	   Evidence and finding to be recorded  
   373.	   Post-mortem examinations  
   374.	   Procedure in case of accused being of unsound mind  
   375.	   Procedure in case of person committed before High Court being of unsound mind  
   376.	   Release of person of unsound mind pending investigation or trial  
   377.	   Resumption of inquiry or trial  
   378.	   Procedure on accused appearing before court  
   379.	   When accused appears to have been of unsound mind  
   380.	   Judgment of acquittal on ground of unsoundness of mind  
   381.	   Person acquitted on ground of unsoundness of mind to be kept in safe custody  
   382.	   Person confined under this Chapter to be visited by Commissioner of Prisons or Visitors of the mental hospital  
   383.	   Procedure where person confined under section 376 is reported capable of making his defence  
   384.	   Procedure where person confined under section 376 or 381 is declared fit to be discharged  
   385.	   Delivery of person confined to care of relative or friend  
   386.	   Person suspected to be of unsound mind where and how to be remanded  
   387.	   Procedure in cases mentioned in section 135 paragraphs (b) and (c)  
   388.	   Procedure in certain case of contempt  
   389.	   Procedure where court considers case should not be dealt with under section 388  
   390.	   Imprisonment or committal of person refusing to answer or produce documents  
   391.	   District Judges and Magistrates not to try offences referred to in section 135 (1), paragraphs (b) and (c), when committed before themselves  
   392.	   High Court may take cognizance of certain offences  
   393.	   Powers of Attorney-General  
   394.	   What persons are deemed to have been brought before the court  
   395.	   "Power of Attorney -General to call for original record and productions  
   396.	   Power of Attorney -General to quash commitment and issue instructions to Magistrate  
   397.	   Attorney-General may order further evidence to be taken  
   398.	   Judge of the High Court and Magistrate to transmit proceedings to Attorney-General when required  
   399.	   Attorney- General may order Committal or fresh inquiry when of opinion that an accused should not have been discharged  
   400.	   Who may conduct prosecution before Magistrate  
   401.	   Scope of functions of Solicitor-General and State Counsel  
   402.	   Bail to be taken in case of bailable offence  
   403.	   When bail may be taken in case of nonbailable offence  
   404.	   Bail not to be excessive and the Court of Appeal may admit to bail in any case  
   405.	   Bond of accused and sureties  
   406.	   Discharge from custody  
   407.	   Power to order sufficient bail when that first taken is insufficient  
   408.	   Discharge of sureties  
   409.	   Court may issue commission for taking evidence of absent witness  
   410.	   Procedure on commission  
   411.	   Parties may-forward interrogatories, and accused or his pleader may examine witness  
   412.	   Return of commission  
   413.	   Adjournment of inquiry or trial  
   414.	   Deposition of medical and other special witnesses and reports of Government Analyst or Government Radiologists receivable in evidence in certain cases  
   415.	   Affidavits before whom to be sworn  
   416.	   Record of evidence in the absence of accused  
   417.	   Depositions of Magistrates and interpreters receivable in evidence in certain cases  
   418.	   When receivers &c, charged evidence of other cases allowed  
   419.	   Memorandum of admissions (if any)to be filed with the record  
   420.	   Further proof of matters admitted unnecessary  
   421.	   Deposit of money instead of bond  
   422.	   Procedure on forfeiture of bond  
   423.	   Power of Fiscal to execute conveyance to purchaser  
   424.	   Power to direct levy of amount due on recognizances  
   425.	   Order for disposal of property regarding which offence committed  
   426.	   In lieu of order property may be sent to Magistrate for disposal  
   427.	   Payment to innocent purchaser of money found on accused  
   428.	   Stay of order under this Chapter  
   429.	   Destruction of libellous and other matters  
   430.	   Power to restore possession of immovable property  
   431.	   Procedure by notice upon seizure of property taken under section 29, or stolen  
   432.	   Procedure where no claimant appears within six months  
   433.	   Power to sell  
   434.	   Proceedings in wrong place  
   435.	   Non-compliance with provisions of Code  
   436.	   Finding or sentence when reversible by reason of error or omission in charge or other proceedings  
   437.	   Distress not illegal for defect in proceedings  
   438.	   Jurisdiction to deal with fugitive persons  
   439.	   Power to summon material witness or examine person present  
   440.	   Power of court to order prisoner in jail to be brought up for examination  
   441.	   Money ordered to be paid recoverable as fines  
   442.	   Copies of any deposition or other part of record  
   443.	   Accused person entitled to certified copy of whole or part of proceedings whether concluded or pending  
   444.	   Accused person entitled to copy of first information  
   445.	   Delivery to military authorities of persons capable of being tried by court martial  
   446.	   Person released on bail to give address for service  
   447.	   Power to compel restoration of- abducted females  
   448.	   Summary trial of witness on alternative charges for giving false evidence  
   449.	   Summary punishment for perjury in open court  
   450.	   Three Judges of the High Court at Bar may try without jury in certain, cases  
   451.	   Nomination of Judges and appeals  
   452.	   Custody of women and persons under sixteen years pending inquiry or trial  
   453.	   Power of Supreme Court to make rules  
   454.	   Forms  
   455.	   Public servants not to bid at sales under this Code  
   456.	   Period of prescription for crimes or offences  
   457.	   Repeal and having and transitional provisions  
   458.	   Regulations  

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