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| Code Of Criminal Procedure (Amendment) Act |
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AN ACT TO AMEND THE CODE OF CRIMINAL PROCEDURE ACT, NO. 15 OF 1979
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-
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[15th July
, 2021 ]
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Short title
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1. This Act may be cited as the Code of Criminal Procedure (Amendment) Act, No. 14 of 2021.
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Insertion of new section 43B in Act, No. 15 of 1979
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2. The following new section is hereby inserted immediately after section 43A of the Code of Criminal
Procedure Act, No. 15 of 1979 and shall have effect as section 43B of that Act:-
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"Duty of Magistrates to visit police stations
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43B.
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(1) It shall be the duty of every Magistrate to visit every police station situated
within the judicial division in respect of which he is appointed, at least once in every month to
ensure that the suspects under the police custody at such police stations are protected to the extent
provided for in the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994.
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(2) For the purpose of subsection (1), the Magistrate who visits the police station, shall-
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(a) personally see the suspect, and look into his well-being, welfare and conditions
under which he is kept at such police station; and
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(b) record his observations and any complaint the suspect may make.
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(3) Where the Magistrate is of the opinion, that the suspect may have been subjected to torture, the Magistrate may direct that the
suspect be produced before a judicial medical officer or a government medical officer for medical examination, and a report be submitted
by such medical officer to the Magistrate.
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(4) Where the report of such medical officer
reveals that the suspect has been subjected to
torture, the Magistrate shall make an
appropriate order, including directions to
provide necessary medical treatment to the
suspect and to change the place of custody of
such suspect.
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(5) The Magistrate shall also direct the
Inspector General of Police to commence an
investigation into the alleged torture in order
to enable the Attorney-General to institute
criminal proceedings against the person who is
alleged to have committed the torture.".
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