Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 168

Procedure of trial

168.
(1) When the Magistrate proceeds to try the accused he shall take in the manner provided by law all such evidence as may be produced for the prosecution or defence respectively:
(2) At the close of the case for the prosecution, ii the Magistrate calls upon the accused for his defence, the Magistrate shall, before any evidence is called by the accused, inform him that he is entitled to give evidence in his own defence and shall tell him in ordinary language what the effect in law will be if he does not give evidence.
(3) If upon the Magistrate calling for the defence, the accused does not give evidence, the Magistrate, in determining whether the accused is guilty of the offence charged, may draw such inferences from such failure as appear proper.
(4) Nothing in this section shall be taken to render the accused compellable to give evidence on his own behalf.
(5) If any evidence is adduced on behalf of the accused, the prosecution shall, with the leave of the Magistrate, be entitled to call witnesses in rebuttal.
(6) The complainant and the accused shall be entitled to open their respective cases, but the complainant shall not be entitled to make any observations in reply upon the evidence given by or on behalf of the accused.


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