Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 135

The conditions necessary for the initiation or prosecutions for certain offences

135.
(1) Any court shall not take cognizance of -
(a) any offence punishable under sections 170 to 185 (both inclusive) of the Penal Code except with the previous sanction of the Attorney-General or on the complaint of the public servant concerned or of some public servant to whom he is subordinate ;
(b) any offence punishable under sections 158, 159, 160, 161, 210, 211 and 212 of the Penal Code except with the previous sanction of the Attorney-General;
(c) any offence punishable under sections 190, 191, 192, 193, 196, 197, 202, 203, 204, 205, 206, 207 and 223 of the Penal Code when such offence is committed in or in relation to any proceeding in any court except with the previous sanction of the Attorney-General or on the complaint of such court;
(d) any offence described in section 452 or punishable under sections 459, 463 and 464 of the Penal Code when such offence has been committed by a party to any proceeding in any court in respect of a document given in evidence in such proceeding except with the previous sanction of the Attorney-General or on the complaint of such court;
(e) any offence punishable under Chapter VI of the Penal Code or punishable under section 290A or section 291B of the same Code unless upon complaint made by the Attorney-General or by some other person with the previous sanction of the Attorney-General ;
(f) any offence falling under Chapter XIX of the Penal Code unless upon complaint made with the previous sanction of the Attorney-General by some person aggrieved by such offence or by some other person with the like sanction;
(g) any offence punishable under section 291A of the Penal Code, unless upon complaint made with the previous sanction of the Attorney-General by some person aggrieved by such offence or by some other person with the like sanction.
(2) The complaint of a court shall be in writing under the hand of the Registrar, of the court.
(3) Where complaint is made by a court such court may cause the accused to be arrested and sent in custody before the Magistrate's Court having jurisdiction.
(4) When sanction is given in respect of any offence referred to in this section the court taking cognizance of the case may frame a charge of any other offence so referred to which is disclosed by the facts, but such sanction shall not remain in force for more than six months from the date on which it was given.


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