Sri Lanka Consolidated Acts

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

116.
(1) If upon an investigation under this Chapter . it appears to the officer in charge of the police station or the inquirer that the information is well founded or that further investigation is necessary such officer or inquirer shall forward the suspect under custody before the Magistrate's Court having jurisdiction in the case, or if the offence is bailable and the suspect is able to give security, shall take security from him for his appearance before such court.
(2) When the officer in charge of a police; station or an inquirer forwards a suspect before a Magistrate's Court or takes security for his appearance, he shall send to such court any weapon or other article or document or specimen or sample which it may be necessary to produce before such court, and shall require the complainant (if any) and so many of the persons who appear to such an officer or inquirer to be acquainted with the circumstances of the case as he may think necessary to execute a bond to appear before the Magistrate's Court therein named and give evidence in the matter of the charge against the suspect.
(3) The Magistrate may on application made by a police officer or inquirer forward any such weapon or other article or document or specimen or sample to the Government Analyst, Government Examiner of Questioned Documents, Registrar of Finger Prints or Government medical officer as the case may be for analysis and report to the court.
(4) The officer or inquirer in whose presence the bond referred to in subsection (1) or subsection (2) is executed shall send such bond to the Magistrate’s Court.
(5) If any complainant or witness refuses to execute such bond, such officer or inquirer shall report the same to the Magistrate's Court having jurisdiction which may thereupon in its discretion issue a warrant or summons to secure the attendance of such complainant or witness before itself to give evidence in the matter of the charge against the suspect.


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