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PDF of Code As Amended to Act No. 11 of 2018

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PDF of Code As Amended to Act No. 11 of 2018 CODE OF CRIMINAL PROCEDURE ACT Arrangement of Sections 1. Short title. PART I CHAPTER I PRELIMINARY 2. Interpretation. 3. Words referring to acts include illegal omissions. 4. Powers, jurisdiction rights and duties of certain officers. 5. Trial of offences under Penal Code and other laws. 6. Saving of powers of Supreme Court, Court of Appeal and Attorney-General. 7. Cases not provided for. PART II CHAPTER II POWERS OF CRIMINAL COURTS 8. Power of Supreme Court and Court of Appeal to inspect courts of first instance. 9. Criminal summary jurisdiction of Magistrates’ Courts. 10. Offences under Penal code. 11. Offences under other laws. 12. High Court to try cases only upon indictment. 13. Sentence which High Court may impose. 14. Sentence which a Magistrate’s Court may impose. 15. — 16. Sentence in case of conviction for several offences at one trial. B—PAYMENTS OF COSTS AND COMPENSATION 17. Payment of costs compensation and upon acquittal. C—COMMUNITY SERVICE ORDERS 18. Community Service Orders. PART III GENERAL PROVISIONS CHAPTER III OF AID AND INFORMATION TO THE MAGISTRATES AND POLICE AND PERSONS MAKING ARRESTS 19. Public when to assist Magistrates and peace officers. 20. Aid to other than peace officers executing warrant. 21. Public to give information about certain offences. 22. Peace officer bound to report certain matters. CHAPTER IV OF ARREST, ESCAPE, AND RETAKING A—ARREST GENERALLY 23. Arrest how made. 24. Search of place entered by person sought to be arrested. 25. Procedure where ingress not obtainable. 26. Search of person in place searched under warrant. 27. Power to break open doors and windows for purposes of liberation. 28. No unnecessary restraint. 29. Search of persons arrested. 30. Mode of searching women. 31. Power to seize offensive weapons. B—ARREST WITHOUT A WARRANT 32. When peace officers may arrest without warrant. 33. Powers of arrest in non-cognizable cases. 34. Pursuit of offenders into other jurisdiction. 35. Arrest by private persons, procedure on such arrest. 36. How person arrested is to be dealt with. 37. Person arrested not to be detained more than twenty-four hours. 38. Police to report arrests. 39. Discharge of person arrested. 40. Offence committed in the presence of Magistrate. 41. Arrest by or in presence of Magistrate. 42. Power to pursue and retake a person escaping from lawful custody. 43. Provisions of sections 24, 25 and 27 to apply to arrested under section 42. 43A. Special provisions regarding persons arrested in respect of child abuse. CHAPTER V OF PROCESS TO COMPEL APPEARANCE A—SUMMONS 44. Registries of summons. 45. Summons how served. 46. Service when person summoned cannot be found. 47. Procedure when personal service cannot be effected. 48. Service on employees of the State, local authorities or corporations. 49. Proof of service. B—WARRANT OF ARREST 50. Form of warrant of arrest. 51. Court may direct security to be taken. 52. Warrants to whom directed. 53. Notification of substance of warrant. 54. Person arrested to be brought before court without delay. 55. Where warrant may be executed. 56. Warrants for execution outside jurisdiction. 57. Warrant directed to Fiscal for execution outside jurisdiction. 58. Procedure on arrest of person against whom warrant is issued. 59. Arrest possible though warrant is not in hand. C—PROCLAMATION AND ATTACHMENT 60. Proclamation for person absconding. 61. Attachment of property of person absconding. 62. Restoration of attached property. D—OTHER RULES REGARDING PROCESSES 63. Issue of warrant in lieu of or in addition to summons. 64. Power to take bond for appearance. 65. Summons to run in any part of Sri Lanka. CHAPTER VI OF PROCESS TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED A—SUMMONS TO PRODUCE 66. Summons to produce document or other thing. 67. Procedure as to letters, telegrams. B—SEARCH WARRANTS 68. When search warrant may be issued. 69. Power to restrict warrant. 70. Search of house suspected to contain stolen property, forged documents. 71. Disposal of things found in search beyond jurisdiction. C—DISCOVERY OF PERSONS WRONGFULLY CONFINED 72. Search for person wrongfully confined. D—GENERAL PROVISION RELATING TO SEARCHES 73. Direction of search warrants. 74. Persons in charge of closed place to allow search. 75. Officer to make list of things seized. 76. Occupant of place searched may attend. E—MISCELLANEOUS 77. Court may impound things produced. 78. Search warrants may be endorsed by peace officer. 79. Powers of Magistrate when present at search. PART IV PREVENTION OF OFFENCES CHAPTER VII OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR A—SECURITY FOR KEEPING THE PEACE ON CONVICTION 80. Security for Keeping the peace on conviction. B—SECURITY FOR KEEPING THE PEACE IN OTHER CASES AND SECURITY FOR GOOD BEHAVIOUR 81. Security for keeping the peace in other cases. 82. Security for behaviour from suspected persons, vagrants. 83. Security for good behaviour from habitual offenders. 84. Summons or warrant in case of person not so present. 85. Form of summons or warrant. 86. Inquiry as to the truth of information. 87. Order to give security. 88. Discharge of person informed against. C—PROVISIONS APPLICABLE TO ALL ORDERS TO FURNISH SECURITY 89. Imposition of term of imprisonment in default of security. 90. Commencement of period for which security is required. 91. Contents of bond. 92. — 93. Power to release person imprisoned for failing to give security. D—DISCHARGE OF SURETIES 94. Discharge of sureties. CHAPTER VIII UNLAWFUL ASSEMBLY 95. — 96. Power of commissioned military officers to disperse assembly. 97. Protection for acts done under this Chapter. CHAPTER IX PUBLIC NUISANCES A—ORDERS FOR REMOVAL OR ABATEMENT IN CASES OF NUISANCE 98. Conditional order for removal of nuisance. 99. Service or notification of order. 100. Person to whom order is addressed to obey or show cause. 101. Procedure in case of appearance. 102. Procedure on order being made absolute. 103. Consequence of disobedience to order. 104. Injunction pending inquiry. 105. Magistrate may prohibit continuance of public nuisances. B—TEMPORARY ORDERS IN URGENT CASES OF NUISANCE 106. Power to issue absolute order at once in urgent cases of nuisance. CHAPTER X PREVENTIVE ACTION OF PEACE OFFICERS 107. — PART V INVESTIGATION OF OFFENCES CHAPTER XI INFORMATION TO POLICE OFFICERS AND INQUIRERS AND THEIR POWERS TO INVESTIGATE 108. Appointment of inquirers. 109. Information of an offence. 110. Examination of witnesses by police officer or inquirer. 111. Inducement not to be offered. 112. Search by police officers or inquirer. 113. Duty of subordinate officer to report to officer in charge of station. 114. Release of accused if evidence deficient. 115. Procedure when investigation cannot be completed in twenty-four hours. 116. Duty of officer or inquirer to forward case to a Magistrate’s Court if sufficient information is well founded. 117. Additional powers of inquirers. 118. Powers of police officers and inquirers in non-cognizable cases. 119. Magistrate may withdraw case from inquirer. 120. Investigation to be completed without delay. 121. Powers of this Chapter to be cumulative. 122. Examination by medical practitioner. 122A. Medical examination in case of an offence alleged to have been committed by a child of, or above twelve years of age and under fourteen. 123. Taking of finger impressions, specimens of hair of suspect person. 124. Magistrate to assist investigation. 125. Senior police officer may take over investigation. CHAPTER XII STATEMENTS TO MAGISTRATES OR PEACE OFFICERS 126. No inducement to be offered. 126A. Notice of alibi. 127. Power to record statements and confessions. PART VI PROCEEDINGS IN PROSECUTIONS CHAPTER XIII OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS A - PLACE OF INQUIRY OR TRIAL 128. — 129. Accused is triable in district where act is done or consequence ensues. 130. Place of trial where act is an offence by reason of relation to other offence. 131. Escape from custody. 132. Place of inquiry or trial In various cases. 133. Attorney-General to decide, in case of doubt court where inquiry shall take place. 134. Sentence not to be set aside because inquiry held by wrong Magistrate’s Court. B—CONDITIONS NECESSARY FOR INITIATING PROCEEDINGS 135. The conditions necessary for the initiation of prosecutions for certain offences. CHAPTER XIV OF THE COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES COURTS 136. Proceedings in Magistrate’s Court how instituted. 137. Medical examination complainant and accused in case of rape. 138. Procedure in certain cases where accused is unknown. 139. Issue of process. 140. Contents of summons or warrant. 141. Examination under section 139 to be recorded. 142. Procedure to be adopted when case proceeds. 143. In case of homicide Magistrate to hold inquiry on spot. 144. When issuing summons personal attendance of the accused may be dispensed with. CHAPTER XV OF THE INQUIRY INTO CASES WHICH APPEAR NOT TO BE TRIABLE SUMMARILY BY MAGISTRATE’S COURT BUT TRIABLE BY THE HIGH COURT 145. Preliminary inquiry. 146. Accused to be Informed of charge. 147. Information Book entries to be tendered. 148. Depositions. 149. Variance between charge and evidence. 150. Charges to be read to accused after close prosecution case. 151. Provisions as to taking statement of accused. 152. Evidence for the defence. 153. Discharge. 154. Commitment for trial. 155. Accused’s witnesses. 156. Material witnesses to be bound over to appear. 157. Magistrate to certify record. 158. Accused entitled to statements to the police. 159. Record to be forwarded to court of trial, and certified copy of record to Attorney-General. 160. Presentation and service of indictment. 161. When trial shall be by jury and when not. 162. Contents of indictment. 163. Inquiry to be concluded in a month. CHAPTER XVI OF THE CHARGE 164. Charge to state offence 165.
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