View All - 1979 Acts
Section No :  
Acts & Ordinances
CODE OF CRIMINAL PROCEDURE
Marginal Notes
1. This Act may be cited as the Code of Criminal Procedure Act, No. 15 of 1979, (hereinafter referred to as " the Code ") and shall come into operation on such date (hereinafter referred to as the " appointed date ") as the Minister by Order published in the Gazette may appoint.
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 &c. Attorney-General.
7. Cases not provided for.
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. No sentence of imprisonment for a term of less than seven days.
16. Sentence in case of conviction for several offences at one trial.
17. Payment of costs and compensation upon acquittal.
18. Community service orders.
19. Public when to assist Magistrates and peace officers.
20. Aid to person other than peace officer executing warrant.
21. Public to give information of certain offences.
22. Peace officer bound to report certain matters.
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.
32. When peace officers may arrest without warrant.
33. Powers of arrest in an 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 arrests under section 42.
44. Requisites 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.
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.
60. Proclamation for person absconding.
61. Attachment of property of person absconding.
62. Restoration of attached property.
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.
66. Summons to produce document or other thing.
67. Procedure as to letters, telegrams, &c.
68. When search warrant may be issued.
69. Power to restrict warrant.
70. Search of house suspected to contain stolen property, forged documents, &c.
71. Disposal of things found in search beyond jurisdiction.
72. Search for persons wrongfully confined.
73. Direction, &c, 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.
77. Court may impound things produced.
78. Search warrants may be endorsed by peace officer.
79. Powers of Magistrate when present at search.
80. Security for keeping the peace on conviction.
81. Security for keeping the peace in other cases.
82. Security for good behaviour from suspected persons, vagrants, &c.
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.
89. Imposition of term of imprisonment in default of security.
90. Commencement of period for which security is required.
91. Contents of bond.
92. Commitment to prison for default in giving security.
93. Power to release person imprisoned for failing to give security.
94. Discharge of sureties.
95. Dispersal of unlawful assembly.
96. Power of commissioned military officers to disperse assembly.
97. Protection for acts done under this Chapter.
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.
106. Power to issue absolute order at once in urgent cases of nuisance.
107. Peace officers to prevent cognizable offence. Information of attempt to commit such offence.
108. Appointment of inquirers.
109. Information of an offence.
110. Examination of witnesses by police or inquirer.
111. Inducement not to be offered.
112. Search by police officer 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 or if further investigation is necessary.
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.
123. Taking of finger impressions, specimens of hair &c of suspect person-
124. Magistrate to assist investigation.
125. Senior police officer may take over investigation.
126. No inducement to be offered.
127. Power to record statements and confessions.
128. Ordinary place of Inquiry and trial. Any Magistrate's Court to have jurisdiction over offences committed on territorial waters.
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.
135. The conditions necessary for the initiation or prosecutions for certain offences.
136. Proceedings in Magistrate's Court how instituted.
137. Medical examination of complainant and accused in case of rape &c.
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. In summons case personal attendance of the accused may be dispensed with.
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 of 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 so be bound over to appear.
157. Magistrate to certify record.
158. Accused entitled to copy of evidence and 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.
164. Charge to state offences.
165. Particulars as to time place and person.
166. Effect of errors.
167. Court may alter charge
168. When trial may proceed on altered charge immediately..
169. When new trial may be directed or trial adjourned.
170. Stay of proceedings if prosecution of offence in altered charge requires previous sanction.
171. Recall of witnesses when altered.
172. Effect of material error.
173. Separate charge for separate offence.
174. Three offences of same kind within a year may be charged together.
175. Trial for more than one offence.
176. Where it is doubtful what offence has been committed.
177. When a person charged with one offence may be convicted of a different offence.
178. When offence proved included in. offence charged.
179. Conviction of an attempt to commit an offence though attempt is not separately charged.
180. All persona concerned In committing an offence may be charged together.
181. When conviction on one charge remaining charges may be withdrawn.
182. Particulars of case to be stated to accused.
183. Admission of offence by accused.
184. Procedure on trial.
185. Verdict.
186. Power of Magistrate to discharge accused at any time.
187. What to be done when different offence disclosed in course of proceedings.
188. Accused may be acquitted in the absence of complainant.
189. Withdrawal of charge by complainant
190. Accused may be discharged by Magistrate with sanction of Attorney-General,
191. By whom prosecution tinder this Chapter may be conducted.
192. Trial may proceed in absence of accused.
193. By whom trials before High Court to be conducted
194. Attorney-General may withdraw prosecution.
195. Duty of Judge upon receipt of indictment.
196. Arraignment of accused.
197. Plea of guilty.
198. Refusal to plead or plea of not guilty.
199. Counsel to open his case and call witnesses.
200. Court may acquit without calling for defence, or call for defence.
201. Accused may make his defence.
202. When prosecuting counsel entitled to call witnesses in rebuttal.
203. Judge to pass judgment
204. Arraignment of accused.
205. Plea at guilty may be recorded and accused convicted thereon.
206. Refusal to plead.
207. When accused pleads not guilty or is willing to plead guilty to a lesser offence,
208. Special jury may be summoned.
209. Number of jury and quorum for verdict.
210. Empanelling of jury.
211. Grounds of objection.
212. Decision of objection.
213. Foreman of jury.
214. Duties of foreman.
215. Procedure where juror ceases to attend &c.
216. Discharge of jury in case of sickness of prisoner.
217. Registrar to read indictment to jury.
218. Opening of case for prosecution.
219. Statements by prisoner to be put in.
220. Procedure after examination of witnesses for the prosecution.
221. Defence.
222. Right of accused as to examination and summoning of witnesses
223. Witnesses in rebuttal.
224. View by jury of place where offence committed.
225. When juror may be examined.
226. Jury to attend on adjourned sitting.
227. When jury may be kept together.
228. Judge may allow jurors refreshment.
229. Charge to jury.
230. Duty of Judge.
231. Judge may comment on question of fact or upon Question of mixed law and fact
232. Duty of jury.
233. Jury may-retire to consider verdict.
234. When jury ready to give verdict.
235. Verdict to be given on each charge.
236. Entry and signing of verdict.
237. Discharge of jury when they cannot agree.
238. Judgment in case of conviction.
239. Re-trial of accused.
240. Procedure in case of previous conviction.
241. Trial may be held in the absence accused.
242. Procedure where trial is held in the absence of the accused.
243. Power to make regulations.
244. Liability to serve as a juror.
245. Persons who shall not serve as jurors.
246. Persons who shall not serve as jurors except with their own consent.
247. Exemption and excuse from service on jury.
248. Preparation of lists of persons liable to serve as jurors.
249. Panels of jurors to be prepared from each list.
250. Summons on jurors.
251. Juror not bound to serve more than a fortnight.
252. Juror absenting himself without leave liable to fine.
253. No proceeding to be invalid by reason of defect or error in jury list or panel.
254. Special jury panel.
255. Power to compel attendance of witnesses.
256. Tender of pardon to accomplice.
257. Power of Attorney-General to direct tender of pardon by Magistrate.
258. Not complying with condition on which pardon has been tendered.
259. Statement of person pardoned may be given in evidence against him at his trial.
260. Right of accused to be defended.
261. Appearance for a corporation in court.
262. Procedure where accused who is not insane does not understand proceedings.
263. Power to postpone or adjourn proceedings.
264. Procedure on issue of warrants of commitment &c.
265. Warrant shall be full authority to superintendent of prison.
266. Compounding offences.
267. Change of Magistrate, during hearing or inquiry.
268. Supreme Court or Court of Appeal may set aside conviction where material prejudice is caused.
269. Detention of offenders attending court.
270. Proceedings may be had on Sundays and public holidays.
271. Case for prosecution to be explained by court to accused, If he is not represented by a pleader.
272. Evidence to be taken in presence of accused.
273. How evidence to be taken down.
274. Procedure in regard to such evidence when completed.
275. Interpretation of evidence to accused.
276. Documentary evidence.
277. How statement or examination of accused shall be recorded.
278. Presiding Judge to take or cause to be taken notes of evidence.
279. Mode of delivering judgment.
280. Allocutus.
281. Punishment of detention in lieu of death for the persons tinder sixteen years of age.
282. Procedure where a woman convicted of a capital offence alleges pregnancy.
283. Judgments of courts other than Supreme Court or Court of Appeal.
284. Judgment in alternative.
285. Sentence of death and whipping.
286. Provisions as to execution of sentences, of death.
287. Execution of sentence of High Court other than sentences of death.
288. Execution of sentences under section 53 of the Penal Code.
289. Execution of sentence of courts other than the Supreme Court or Court of Appeal or High Court.
290. Procedure on issue of warrants under sections 286, 287 and 289.
291. Provisions as to sentences of fines.
292. Execution of sentence may be suspended on execution of bond by offender.
293. Who may issue warrant.
294. When and where sentence of whipping to be executed.
295. Whipping not to be inflicted until after fourteen days.
296. Whipping not to be inflicted unless medical officer certifies that offender is in a fit state of health.
297. When sentence of whipping cannot be carried out offender may be discharged.
298. Whipping of juvenile offenders under, sixteen years of age.
299. Sentences on escaped convicts.
300. Sentence on offender already sentenced for another offence.
301. Certain sections of Penal Code to apply-to all offences.
302. Return of warrant on execution of sentence.
303. Suspended sentence of imprisonment
304. When offender subject to suspended sentence is convicted of subsequent offence.
305. Discovery of further offence.
306. Power of court to permit conditional release of offenders.
307. conditions of recognizance.
308. Power to vary conditions of recognizance.
309. Provision in case of offender failing to observe conditions of recognizance.
310. Power to make rules.
311. President may suspend or remit sentence on conditions.
312. President may commute sentence.
313. Meaning of the expression " President " in this Chapter.
314. No person to be tried twice for same offence.
315. Plea of previous acquittal of conviction.
316. An appeal not to lie except as provided for.
317. Appeals not to lie in certain cases.
318. Appeal from acquittal.
319. Appeal against refusal to issue process.
320. Right of appeal.
321. Computation of time.
322. What petition of appeal shall state.
323. Appellant to be released on giving security.
324. Procedure in Court of Appeal on appeal.
325. Appellant to be heard first.
326. Procedure if respondent not present.
327. Arrest of accused in appeal from acquittal.
328. Power of Court of Appeal on appeals.
329. Court of Appeal may take further evidence or direct it to be taken.
330. Judgment in appeal to be given in open court.
331. Filing of petition of appeal or application for leave to appeal.
332. Appeal maybe amended or rejected.
333. Stay of further proceedings upon acceptance of appeal
334. Determination of appeals in cases where trial was by jury.
335. Determination of appeals in cases where trial was without a jury.
336. Appeals from sentences.
337. Appeals from acquittals.
338. Where appellant is guilty but insane.
339. Disposal of property on conviction.
340. Filing of application for leave to appeal.
341. Disposal of application for leave to appeal.
342. High Court to forward record to Court of Appeal on leave being granted.
343. Appeals and applications to be numbered and entered in the Register of Appeals.
344. Appeals and applications to be listed for hearing.
345. Where leave to appeal is granted, application deemed to be an appeal.
346. Appeal or application for leave to appeal to be exhibited for at least seven days.
347. Acceleration and postponement of appeals and application for leave to appeal.
348. Consolidation of appeals and applications for leave to appeal.
349. Procedure at the hearing.
350. Appellant or applicant in custody entitled to be present.
351. Supplementary powers of Court.
352. Delivery of judgment,
353. Legal assistance to appellant.
354. Expenses.
355. Effect of error, omission, or default in complying with the provisions of this Code-
356. Order of Court of Appeal to be certified to High Court.
357. Costs.
358. Abatement.
359. Withdrawal of appeals or applications for leave to appeal.
360. State representation.
361. Reservation of points of law.
362. Determination and orders thereon.
363. Powers to reserve questions arising in High Court.
364. Court of Appeal may call for record of High Court or Magistrate's Court.
365. Power of court on revision
366. Optional with court to hear parties on review.
367. When record called for by Court of Appeal Judge of the High Court or Magisterial may submit statement of grounds of decision.
368. Judge of High Court of Magistrate to carry into effect orders of Court of Appeal.
369. Inquests of death.
370. Duty of inquirer.
371. Death of a person in custody of police or in a mental or leprosy hospital.
372. Evidence and finding to be recorded.
373. Post-mortem examinations.
374. Procedure in case of accused being of unsound mind.
375. Procedure in case of person committed before High Court being of unsound mind.
376. Release of person of unsound mind pending investigation or trial.
377. Resumption of inquiry or trial.
378. Procedure on accused appearing before court.
379. When accused appears to have been of unsound mind.
380. Judgment of acquittal on ground of unsoundness of mind.
381. Person acquitted on ground of unsoundness of mind to be kept in safe custody.
382. Person confined under this Chapter to be visited by Commissioner of Prisons or Visitors of the mental hospital.
383. Procedure where person confined under section 376 is reported capable of making his defence.
384. Procedure where person confined under section 376 or 381 is declared fit to be discharged.
385. Delivery of person confined to care of relative or friend.
386. Person suspected to be of unsound mind where and how to be remanded.
387. Procedure in cases mentioned in section 135 paragraphs (b) and (c)
388. Procedure in certain case of contempt.
389. Procedure where court considers case should not be dealt with under section 388.
390. Imprisonment or committal of person refusing to answer or produce documents.
391. District Judges and Magistrates not to try offences referred to in section 135 (1), paragraphs (b) and (c), when committed before themselves.
392. High Court may take cognizance of certain offences.
393. Powers of Attorney-General.
394. What persons are deemed to have been brought before the court.
395. "Power of Attorney -General to call for original record and productions.
396. Power of Attorney -General to quash commitment and issue instructions to Magistrate.
397. Attorney-General may order further evidence to be taken.
398. Judge of the High Court and Magistrate to transmit proceedings to Attorney-General when required.
399. Attorney- General may order Committal or fresh inquiry when of opinion that an accused should not have been discharged.
400. Who may conduct prosecution before Magistrate.
401. Scope of functions of Solicitor-General and State Counsel.
402. Bail to be taken in case of bailable offence.
403. When bail may be taken in case of nonbailable offence.
404. Bail not to be excessive and the Court of Appeal may admit to bail in any case.
405. Bond of accused and sureties.
406. Discharge from custody.
407. Power to order sufficient bail when that first taken is insufficient.
408. Discharge of sureties.
409. Court may issue commission for taking evidence of absent witness.
410. Procedure on commission.
411. Parties may-forward interrogatories, and accused or his pleader may examine witness.
412. Return of commission.
413. Adjournment of inquiry or trial.
414. Deposition of medical and other special witnesses and reports of Government Analyst or Government Radiologists receivable in evidence in certain cases.
415. Affidavits before whom to be sworn.
416. Record of evidence in the absence of accused.
417. Depositions of Magistrates and interpreters receivable in evidence in certain cases.
418. When receivers &c, charged evidence of other cases allowed.
419. Memorandum of admissions (if any)to be filed with the record.
420. Further proof of matters admitted unnecessary.
421. Deposit of money instead of bond.
422. Procedure on forfeiture of bond.
423. Power of Fiscal to execute conveyance to purchaser.
424. Power to direct levy of amount due on recognizances.
425. Order for disposal of property regarding which offence committed.
426. In lieu of order property may be sent to Magistrate for disposal.
427. Payment to innocent purchaser of money found on accused.
428. Stay of order under this Chapter.
429. Destruction of libellous and other matters.
430. Power to restore possession of immovable property.
431. Procedure by notice upon seizure of property taken under section 29, or stolen.
432. Procedure where no claimant appears within six months.
433. Power to sell.
434. Proceedings in wrong place.
435. Non-compliance with provisions of Code.
436. Finding or sentence when reversible by reason of error or omission in charge or other proceedings.
437. Distress not illegal for defect in proceedings.
438. Jurisdiction to deal with fugitive persons.
439. Power to summon material witness or examine person present.
440. Power of court to order prisoner in jail to be brought up for examination.
441. Money ordered to be paid recoverable as fines.
442. Copies of any deposition or other part of record.
443. Accused person entitled to certified copy of whole or part of proceedings whether concluded or pending.
444. Accused person entitled to copy of first information.
445. Delivery to military authorities of persons capable of being tried by court martial.
446. Person released on bail to give address for service.
447. Power to compel restoration of- abducted females.
448. Summary trial of witness on alternative charges for giving false evidence.
449. Summary punishment for perjury in open court.
450. Three Judges of the High Court at Bar may try without jury in certain, cases.
451. Nomination of Judges and appeals.
452. Custody of women and persons under sixteen years pending inquiry or trial.
453. Power of Supreme Court to make rules.
454. Forms.
455. Public servants not to bid at sales under this Code.
456. Period of prescription for crimes or offences.
457. Repeal and having and transitional provisions.
458. Regulations.