Sri Lanka Consolidated Acts

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Code Of Criminal Procedure (Amendment) Act (No. 68 of 1979) - Sect 2

Amendment of section 115 of Act No. 15 of 1979

2. Section 115 of the Code of Criminal Procedure Act, No. 15 of l979 (hereinafter referred to as the "principal enactment") is hereby amended by the repeal of subsection (3) of that section and the substitution therefor of the following new subsection :
" (3) Subject to the provisions of the Criminal Procedure (Special Provisions) Law, No. 15 of 1978, a Magistrate shall not release on bail or otherwise any person who has
(a) surrendered himself to court, or
(b) been arrested;
consequent on an allegation that he has committed or has been concerned in committing or is suspected to have committed or to have been concerned in committing an offence punishable under sections 114, 191 and 298 of the Penal Code: Provided however that such person shall, subject to the provisions of the Criminal Procedure (Special Provisions) Law, No. 15 of 1978, be released on bail if proceedings are not instituted against him in a Magistrate's Court, or the High Court before the expiration of a period of three months from the date he surrendered to court or is arrested unless the High Court on application made by the Attorney-General directs otherwise: Provided further that the High Court may, subject to the provisions of the Criminal Procedure (Special Provisions) Law, No. 15 of 1978, in special circumstances release such person on bail before or after the expiration of the period of three months referred to in the preceding provisions of this subsection.".


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