Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 187

What to be done when different offence disclosed in course of proceedings

187.
(1) If from the facts admitted or proved it appears that the accused has commuted an offence within the jurisdiction of the Magistrate to try other than that specified in the charge, the Magistrate may convict the accused of such offence, but before he so convicts he shall frame a charge and shall read and explain it to the accused, and such of the provisions of Chapter XVI as relate to altered charges shall apply to the charge framed under this section.
(2) If from the facts admitted or proved it appears that the accused has committed an offence-
(a) falling within the list of offences set out in the Second Schedule to the Judicature Act, No. 2 of 1978, the Magistrate shall not convict but shall stay proceedings under this Chapter and commence the proceedings afresh under Chapter XV ; or
(b) not falling within the list of offences in that Schedule but still not triable summarily by him, the Magistrate shall not convict but shall stay proceedings and report the case to the Attorney-General and then abide his instructions.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]