ACT, No. 42 OF 2007

42of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
CODE OF CRIMINAL PROCEDURE
(SPECIAL PROVISIONS)
ACT, No. 42 OF 2007
[Certified on 09th October, 2007]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of October 12, 2007
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
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Code of Criminal Procedure (Special Provisions) 1
Act, No. 42 of 2007
[Certified on 09th October, 2007]
L. D. -O. 16/2007
ANACT TO PROVIDE FOR THE EXTENSION OF THEPERIOD OF DETENTION OF
PERSONS ARRESTED WITHOUT AWARRANT IN ORDER TOFACILITATE THE
CONDUCT OF INVESTIGATIONS; FOR DISPENSING WITH THE CONDUCT OF
THE NON-SUMMARY INQUIRY IN CERTAIN CASES; TO PROVIDE FOR THE
TAKING OFDEPOSITIONS OFWITNESSES FOR THE PROSECUTION; AND TO
MAKE PROVISION FOR MATTERS CONNECTED THEREWITHOR INCIDENTAL
THERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Code of Criminal Short title.
Procedure (Special Provisions) Act, No. 42 of 2007.
2. Notwithstanding anything contained in the Code of Period of
Criminal Procedure Act, No.15 of 1979 other than the detention of
person arrested
provisions of section 43 (A) of that Act, any peace officer
not to be more
shall not detain in custody or otherwise confine a person than twenty-four
arrested without a warrant for a longer period than under all hours or forty-
the circumstances of the case is reasonable and such period eight hours in
certain cases.
shall not exceed twenty-four hours exclusive of the time
necessary for the journey from the place of arrest to the
presence of the Magistrate:
Provided that where the arrest is in relation to an offence
as is specified in the Schedule to this Act, such period of
detention in police custody may, on production before him
of the person arrested and on a certificate filed by a police
officer not below the rank of the Assistant Superintendent of
Police submitted prior to the expiration of the said period of
twenty-four hours, to the effect that it is necessary to detain
such person for the purpose of further investigations, be
extended upon an order made in that behalf by the Magistrate
for a further period not exceeding twenty-four hours, so
however that the aggregate period of detention shall not
exceed forty-eight hours:
2—PL 002282—4,350 (07/2007)
2 Code of Criminal Procedure (Special Provisions)
Act, No. 42 of 2007
Provided further, that any person arrested and detained
for a further period shall be afforded an opportunity to consult
an Attorney-at-Law of his choice and to communicate with
any relative or friend of his choice during the period of such
detention.
Direct indictment 3. (1) Notwithstanding anything contained in the Code
in case of
of Criminal Procedure Act, No.15 of 1979, where there are
offence
committed in aggravating circumstances or circumstances that give rise to
aggravating public disquiet in connection with the commission of an
circumstances. offence, specified in the Second Schedule to the Judicature
Act, No. 2 of 1978, it shall be lawful for the Attorney-General
to forward indictment directly to the High Court.
(2) The Attorney-General may in forwarding indictment
directly in terms of subsection (1) proceed to do so ex mero
motu or upon receipt of the relevant record from the
Magistrate.
Magistrate to 4. (1) Notwithstanding anything contained in the Code
forward record of Criminal Procedure Act, No.15 of 1979 where there are
to Attorney-
General. aggravating circumstances or circumatsnces that give rise to
public disquiet in connection with the commission of an
offence specified in the Second Schedule to the Judicature
Act, No. 2 of 1978, the Magistrate shall not hold a preliminary
inquiry in terms of Chapter XV of the Code of Criminal
Procedure Act, No.15 of 1979 and shall forthwith forward the
record of the proceedings to the Attorney-General and
thereafter abide by the instructions of the Attorney-General.
(2) Upon receipt of the record of the proceedings by the
Magistrate in terms of subsection (1), the Attorney-General
shall—
(a) where he is of the opinion that there are aggravating
circumstances or circumstances that give rise to
public disquiet in connection with the commission
of the aforesaid offence, forward indictment directly
to the High Court ;
Code of Criminal Procedure (Special Provisions) 3
Act, No. 42 of 2007
(b) where he is of the opinion that the circumstances do
not warrant the forwarding of direct indictment to
the High Court, return the record to the Magistrate
within thirty days of the receipt of the same and
direct that a preliminary inquiry be held in terms of
Chapter XV of the Code of Criminal Procedure Act,
No.15 of 1979.
(3) If the Magistrate proceeds to hold a preliminary inquiry
in terms of Chapter XV of the aforesaid Code, the Attorney-
General shall, call for the record of the proceedings, for the
purpose of considering the forwarding of indictment directly
to the High Court. In such an event the Magistrate shall
forthwith suspend proceedings and forward the record of the
proceedings to the Attorney-General and shall thereafter abide
by the instructions of the Attorney-General.
5. Any proceedings in terms of the provisions of this Proceedings to
Act shall be concluded within a period of ninety days from be terminated
within ninety
the date of the commencement of proceedings under Chapter days.
XV of the Code of Criminal Procedure Act, No.15 of 1979.
6. (1) Notwithstandings anything contained in Chapter Depositions.
XV of the Code of Criminal Procedure Act, No.15 of 1979, in
the course of holding of an inquiry under the aforesaid
Chapter, the following provisions shall apply to the taking
of statements of persons who know the facts and circumstances
of the case.
(2) Subject to the provisions of subsection (11), the
Magistrate shall read out, or cause to be read out to every
witness produced against the accused, in the presence and
hearing of the accused, the statement made by the witness in
the course of the investigation conducted in terms of Chapter
XI of the Code of Criminal Procedure Act, No.15 of 1979 and
shall ask the witness whether the statement is an accurate
record of what he had stated to the police.
4 Code of Criminal Procedure (Special Provisions)
Act, No. 42 of 2007
(3) (a)If the witness states, in response to an inquiry made
of him under subsection (1), that the statement is an accurate
record of what he had stated to the police, the Magistrate
shall record that fact. The Magistrate shall permit the witness,
if the witness so desires, to make such additions or alterations
to his original statement. Every such addition or alteration
shall be recorded.
(b) The Magistrate shall not permit any cross
examination of the witness by the accused or his pleader, but
the Magistrate may put to the witness, any clarification
required by the accused or his pleader of any matter arising
from the statement made by the witenss in the course of the
investigation, or any additions or alterations to his original
statement if any, and may put to the witness any clarification
which the Magistrate himself may require of any such matter.
Every clarification so made shall be recorded:
Provided that having considered the nature of the material
contained in the statement of a witness made to the police,
the prosecution may tender the witness for cross examination
by the accused or his pleader.
(4) The Magistrate shall thereafter read out or cause to be
read out to the witness, the statement made by the witness to
Court affirming the accuracy of the statement made by him
in the course of the investigation and the clarifications if
any made by him under subsection (2), and additions or
alterations to his original statement if any, made by him under
subsection(3), and shall require the witness to swear or affirm
to the truth of the matters recorded.
(5) (a) If on the other hand, the witness states in response
to an inquiry made of him under subsection (1), that the
statement is not, in its entirety or in part, an accurate record
of what he had stated to the police, the Magistrate shall permit
the witness to give an account of the circumstances relating
to the offence, or as the case may be, to make such additions
or alterations to his original statement as the witness may
wish to make.
Code of Criminal Procedure (Special Provisions) 5
Act, No. 42 of 2007
(b) The Magistrate shall not permit any cross-examination
of the witness by the accused or his pleader but the Magistrate
may put to the witness, any clarification required by the
accused or his pleader of any matter arising from the account
given, or additions or alterations made by the witness or may
put to the witness any clarification that the Magistrate himself
may require of any such matter:
Provided that having considered the nature of the material
contained in the statement of a witness made to the police,
the prosecution may tender the witness for cross examination
by the accused or his pleader.
(c) The Magistrate shall record the account given, or the
additions or alterations made by the witness under paragraph
(a) and any clarifications made by the witness under paragraph
(b), and read out the same or cause the same to be read out to
the witness and shall require the witness to swear or affirm to
the truth of the matters so recorded.
(6) Before a witness is produced against the accused, the
Magistrate shall permit the accused or his pleader to persue
in open court, the statement made by that witness to the
police in the course of the invesigation.
(7) The Magistrate shall sign, and shall cause the witness
to sign, a certified copy of the statement made by the witness
to the police in the course of the investigation and cause the
same to be filed of record. The copy so filed shall for all
purposes form part of the record of the inquiry.
(8) The Magistrate shall not summon an expert witness
or a police officer but shall cause the report of such expert
witness or the affidavit of such police officer, as the case may
be, to be produced and filed of record:
Provided that the Magistrate may, for reasons to be recorded
and in the case of an expert witness, with the prior sanction of
the Attorney-General, summon an expert witness or police
officer to be present in Court for examination.
6 Code of Criminal Procedure (Special Provisions)
Act, No. 42 of 2007
(9) Where an expert witness or a police officer appears in
court in response to summons issued on him under subsection
(8), the Magistrate shall not permit any cross examination of
such expert witness or police officer by the accused or his
pleader but may put to such expert witness or police officer,
any clarifications that the accused or his pleader may require,
of any matter arising from the report of the expert witness or
the affidavit of the police officer, as the case may be, or from
the examination of such expert witness or police officer, as
the case may be, and the Magistrate may himself put to the
witness any clarification that he may require of any such
matter. Every clarification so made shall be recorded.
(10) A statement made by an expert-witness or police
officer and the deposition made by a witness tendered for
cross examination under this section, shall be deemed to be
admissible in evidence in terms of section 33 of the Evidence
Ordinance (Chapter 14).
(11) (a)Where the accused—
(i) is absconding or has left the island; or
(ii) is unable to attend or remain in court by
reason of illness and has consented either
to the commencement or continuance of
the inquiry in his absence, such inquiry
may commence or continue without any
prejudice to him; or
(iii) by reason of his conduct in court is
obstructing or impeding the progress of the
inquiry,
the Magistrate may, if satisfied of these facts, commence and
proceed or continue with the inquiry in the absence of the
accused.
(b) An attorney-at-Law may appear for such absent
accused.
Code of Criminal Procedure (Special Provisions) 7
Act, No. 42 of 2007
(c) The inquiry shall proceed as far as is practicable in
accordance with the provisions of this Act except that the
provisions of section 416 of the Code of Criminal Procedure
Act, No.15 of 1979 shall not apply to the depositions recorded
where there is a trial on indictment in the High Court, whether
the accused is present in the High Court or not.
(12) The statement made by a witness to the police in the
course of the investigation together with, as the case may be,
his statement and clarifications, if any, recorded under
subsection (3) or the additions, alterations and clarifications
made and recorded under subsection (4) or the account given
and recorded under subsection (5), shall be regarded for the
purposes of this Act, as the deposition of that witness.
(13) Every witness produced against the accused at the
inquiry shall be entitled to be represented by an Attorney-at-
Law.
(14) If after the conclusion of the procedure set out above,
the Magistrate does not consider that the case should be
dealt with in accordance with the provisions of section 153
of the Code of Criminal Procedure Act, No.15 of 1979, the
Magistrate shall read the charge to the accused and explain
the nature thereof in ordinary language and inform him that
he has a right to call witnesses and, if he so desires to give
evidence on his own behalf.
(15) The provisions of Chapter XV of the Code of Criminal
procedure Act, No.15 of 1979 shall mutatis mutandis apply
to any preliminary inquiry held under the provisions of this
Act.
7. (1)The provisions of this Act shall be in operation for Duration of the
a period of two years commencing from the thirty-first day of Act.
May, 2007.
8 Code of Criminal Procedure (Special Provisions)
Act, No. 42 of 2007
(2) The Minister may, at any time within one month prior
to the expiration of the period of operation of this Act, by
Order published in the Gazette, extend for a further period
the operation of the Act, so however that the aggregate period
of any one extension shall ont exceed two years from the
date of such extension, as is specified in the Gazette.
(3) The Order published in the Gazette under subsection
(1) shall be placed before the Parliament for its approval.
(4) A Notification specifying of the date on which
Parliament has approved the Order shall be published in the
Gazette.
Validation. 8. Any act or thing done for which enabling provision is
made under this Act, during the period commencing on the
thirty-first day of May, 2007 and ending on the date of the
coming into operation of this Act, shall be deemed to have
been done validly.
Sinhala text to 9. In the event of any inconsistency between the Sinhala
prevail in case of and Tamil texts of this Act, the Sinhala text shall prevail.
inconsistency.
Code of Criminal Procedure (Special Provisions) 9
Act, No. 42 of 2007
SCHEDULE (Section 2)
Column I Column II
1. Abetment of an offence set out in the
Schedule, if the act abetted is
committed Section 102 – Penal Code
2. Conspiracy for the abetment or
commission of any offence set out in
the Schedule Section 113B – Penal Code
3. Murder Section 296 – Penal Code
4. Culpable Homicide not amounting to
murder Section 297 – Penal Code
5. Attempt to commit murder Section 300 – Penal Code
6. Kidnapping or abduction to commit
murder Section 355 – Penal Code
7. Kidnapping or abduction with intent
to wrongfully confine a person Section 356 – Penal Code
8. Kidnapping or abduction with intent
to wrongfully subject person to
grievous hurt Section 358 – Penal Code
9. Concealing or keeping in confinement
a kidnapped person Section 359 – Penal Code
10. Rape Section 364 – Penal Code
11. Theft, preparation having being made
to cause death &c,. Section 371 – Penal Code
12. Robbery with attempt to cause death
or grievous hurt Section 383 – Penal Code
13. Attempt to commit robbery when
armed with deadly weapons Section 384 – Penal Code
14. Attempt to commit any of the above
offences Section 490 – Penal Code
15. An offence committed with the use Explosive as defined in the
of explosives, an offensive weapon explosives Act (Chapter
or a gun 183); offensive weapon as
defined in the Offensive
Weapons Act, No 18 of
1966 and a Gun as defined
in the Firearms Ordinance
(Chapter 182).

10 Code of Criminal Procedure (Special Provisions)
Act, No. 42 of 2007
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