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

Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 283

Provisions as to execution of sentences, of death

286. With regard to sentences of death the following provisions shall take effect:-

(a) after sentence has been pronounced a warrant shall be made out and signed by the Judge who passed the sentence or by his colleague or successor in office for the commitment of the person sentenced to the custody of the superintendent of a prison. Every such warrant shall be addressed to the superintendent of the prison in which the convict is to be kept pending execution of sentence and the provisions of section 290 shall apply to every such warrant:

(b) so soon as conveniently may be after sentence of death has been pronounced the Judge of the High Court who presided at the trial or in case of his absence or inability his colleague or successor in office shall forward to the President the notes of evidence made by the Judge at the trial with a report in writing signed by him setting out his opinion whether there are any and what reasons why the sentence of death should or should not be carried out;

(d) the President may order a respite of the execution of the warrant or appoint a date and time and place for its execution ;

(e)

(i) there shall be present at the execution of the sentence, the superintendent or a jailer of the prison, the medical officer of the prison and such other officers of the prison as the superintendent or jailer as the case may be requires and if the execution takes place within the walls of the prison there may also be present any minister of religion in attendance at the prison and such relations of the prisoner or other persons as the superintendent of the prison thinks proper to admit;

	(ii) as soon as may be after judgment of death has been executed the medical officer of the prison shall examine the body of the person executed and shall ascertain the fact of death and shall sign a certificate thereof and deliver the same to the superintendent of the prison ;

(iii) a Magistrate of the division in which the place of execution was situate shall within twenty-four hours after the execution inquire into and satisfy himself of the identity of the body and whether judgment of death was duly executed thereon and he shall make a report in duplicate. One of the originals shall be forwarded to and filed in the High Court and the other shall be forwarded to and filed in the office of the Minister ;

(f) when a sentence of death cannot be executed owing to the absence during the trial or escape of the person sentenced to death execution of such sentence shall be carried into effect at such other time after his capture or recapture as the case may be as the President shall order;

(g) any omission or error as to time and place and any defect in form in any order or warrant given under this section and any omission to comply with the provisions of paragraph (e) shall not be held to render illegal any execution carried into effect ' under such order or warrant or intended so to have been carried into effect, nor to render any execution illegal which would otherwise have been legal.

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