Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 279

Procedure where a woman convicted of a capital offence alleges pregnancy

282.
(1) Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before whom a woman is so convicted thinks it expedient that the question whether or not the woman is pregnant should be determined, such question shall, before sentence is passed on her, be determined-
(a) if the woman is convicted after trial at Bar by three Judges of the High Court without a jury, by those Judges; or
(b) if the woman is convicted after trial by jury, by the jury who returned the verdict of guilty, and the members of such jury need not be resort.
(2) In cases falling under paragraph (b) of subsection (1) -
(a) if after the conviction of the woman and before the jury return a verdict on the question whether the woman is or is not pregnant, any juror is from any sufficient cause prevented from attending throughout the inquiry, or if any juror absents himself and it is not practicable to enforce his attendance, or if it appears that any juror is unable to understand the language in which the evidence is given or when such evidence is interpreted the language in which it is interpreted, the court may either order a new juror to be added or discharge the jury and order a new jury to be chosen;
(b) if the jury are not able, either unanimously, or by a majority of not less than five to two, to agree upon the question to be determined or if in the opinion of the court the interests of justice so require, the court may discharge the jury and order a new jury to be chosen;
(c) where the court orders a new jury to be chosen under paragraph (a) or paragraph (b) of this subsection, such jury shall be constituted in like manner as the jury chosen for a trial and every such jury, and every new juror added under paragraph (a) of this subsection, shall be sworn in such manner as the court may direct.
(3) The question whether the woman is pregnant or not shall be determined by the Judges or by the jury, as the case may be, on such evidence as may be laid before them either on the part of the woman or on the part of the prosecution, and the Judges or the jury, as the case may be, shall find that the woman is not pregnant unless it is proved affirmatively to their satisfaction that she is pregnant.
(4) If the finding is that the woman is pregnant, the court shall pronounce on her in lieu of the sentence of death a sentence of imprisonment as provided by section 54 of the Penal Code.


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