164.
| (1) Where proceedings'' have been instituted under the preceding section and the Magistrate is of opinion that there is sufficient ground for proceeding against some person who is not in custody, he shall by the issue of a summons secure the attendance of such person before court: |
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| (2)
| | (a) In any case under paragraph (a) or paragraph (b) of subsection (1) of the preceding section, the Magistrate shall before issuing a warrant, and may before issuing a summons, examine on oath the complainant or some material witness or witnesses. | | |
| | (b) In any case under paragraph (c) of subsection (1) of the preceding section, the Magistrate shall forthwith examine on oath the person who has brought the accused before the court and any other person who may be present in court able to speak to the facts of the case. | | |
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| (3) Every examination held by the Magistrate under this section shall be recorded and after being read over and if need be interpreted to the person examined shall be signed by him and by the Magistrate and dated. Such examination may if the Magistrate thinks fit be held in private. |
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| (4) Every summons or warrant issued under this section shall contain a statement of the particulars of the offence charged and in, the case of a summons shall require the accused to appear before the court at a time and place therein specified to answer the charge therein set forth. |
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| (5) Whenever a Magistrate issues a summons he may in his discretion dispense with the personal attendance of the accused and permit him to tender a plea of guilt in writing in such form and manner as may be prescribed by regulations made by the Minister, or appear by an attorney-at-law: |
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| (6) In any case where the personal attendance of the accused has been dispensed with and he has been permitted to appear by an attorney-at-law, the trial may be conducted in the absence of the accused and in the presence of such attorney-at-law, and the charge may be read to such attorney-at-law, and if such attorney-at-law is authorized by proxy to make an admission in answer to the charge any admission made by him shall be treated for the purposes of section 167 as a statement made by the accused. No stamp duty shall be payable on any proxy executed for the purposes of this subsection. |
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Sri Lanka Consolidated Acts