Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 155

Accused's witnesses

155.
(1) The Magistrate shall at the time of committing the accused for trial require the accused to state orally there and then the names of persons (if any) whom he wishes to be required to give evidence at his trial, distinguishing between those whom he proposes to call to speak to facts and those who are merely to speak to character.
(2) The Magistrate shall prepare a list of such of the wit-messes named by the accused under subsection (1) as have mot already given evidence before him and shall direct the fiscal to issue a notice on each such witness requiring him to appear before the court of trial on the date specified in the notice :Provide, however, that the Magistrate may exclude from such list the name of any witness if he is of opinion that the evidence of such witness is not material.
(3) Where any witness on whom a notice under subsection (2) has been served fails to appear in the court of trial as directed by such notice, that notice shall, for the purpose of the application of sections 63 and 64, be deemed to be a summons which the court of trial is empowered to issue and the provisions of those sections shall apply accordingly.
(4) Service of any notice under this section shall be effected in the manner provided for the service of summons in sections 45 and 46 and the provisions of section 49 shall apply accordingly for the purpose of proving such service :


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