4. The following new section is hereby inserted immediately after section 163 and shall have effect as section 163A of the principal enactment:"
| 163A
| | (1) In any proceedings for an offence relating to child abuse a video recording of a preliminary interview which-
| | | (a) is conducted between an adult and a child who is not the accused in such proceeding (hereinafter referred to in this section as "a child witness"); and |
| (b) relates to any matter in issue in those proceedings, |
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| | (2) Where a video recording is tendered in evidence in any proceedings referred to in subsection (1) the court shall give leave under that subsection unless-
| | | (a) it appears to court, that the child witness will not be available for cross examination in such proceedings ; or |
| (b) any rules of court requiring the disclosure of the circumstances in which the video recording was made have not been complied with to the satisfaction of the court. |
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| | (3) Where a video recording is given in evidence under this section-
| | | (a) the child witness shall be called by the party who tendered the video recording in evidence ; |
| (b) such child witness shall not be examined in chief on any matter which in the opinion of the court, has been dealt with in his recorded testimony. |
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| | (4) Where a video recording is given in evidence under this section any statement made by the child witness which is disclosed by the video recording shall be treated as if given by that child witness in direct oral testimony and accordingly, any such statement shall be admissible evidence of any fact of which direct oral testimony from him would be admissible. | | |
| | (5) Where the child witness, in the course of his direct oral testimony before court, contradicts, either expressly or by necessary implication, any statement previously made by him and disclosed by the video recording, it shall be lawful for the presiding judge, if he considers it safe and just in all the circumstances of the case, to act upon such previous statement as disclosed by the video recording, if such previous statement is corroborated in material particulars by evidence from an independent source, for the purpose of this section-
| | | (a) "an offence relating to child abuse" means offence under section 286A, 308A, 360A, 360B,360C, 363, 364A, 365, 365A, or 365B of the penal code when committed in relation to a child; |
| (b) "child" means a person under eighteen years of age, at the time when the preliminary interview is video recorded; |
| (c) "video recording" means any recording in any medium from which a moving image may by any means be produced and include the accompanying sound track. |
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Sri Lanka Consolidated Acts