Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 70

Investigation by the Police

70.
(1) If from information received or otherwise a police officer has reason to suspect the commission of an offence or to apprehend a breach of the peace, he shall where necessary proceed in person to the spot to investigate the facts and circumstances of the case and to take such measures as may be necessary for the discovery and arrest of the offender where the offence is one for which he may arrest without warrant.
(2) Any police officer making an investigation may by order in writing require the attendance before himself of any person living within the limits of the station of such police officer or any adjoining station, who, from information given or otherwise appears to be acquainted with the circumstances of the case, and such person shall attend as so required.
(3) Any police officer making an investigation may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined. The whole of such statement, including any question in clarification asked by the police officer and the answer thereto, shall be recorded in full in Sinhala or in any other language in which such person is examined, and such record shall be shown or read to him or if he does not understand the language in which it is written it shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his statement. The person making the statement shall then sign that statement immediately below the last line of the record of such statement and may call upon any person in attendance to sign as a witness to his signature. The police officer recording the statement shall append below each statement recorded by him the following certificate:
(4) It shall be the duty of a police officer before examining a person to inform him that he is bound to answer truly all questions relating to such case put to such person by him, except such questions as have a tendency to expose him to a criminal charge or to a penalty or forfeiture; and such person shall be bound to answer truly all questions relating to such ease put to him by such officer other than the aforesaid questions.
(5) No police officer or person in authority shall offer or make or cause to be offered or made any inducement, threat, or promise to any person, charged with an offence to induce such person to make any statement with reference to the charge against such person. But no police officer or person in authority shall prevent or discourage by any caution or otherwise any person from making in. the course of any investigation any statement which he may be disposed to make of his own free will.
(6) A statement made by any person to a police officer in the course of any investigation may be used in accordance with the provisions of the Evidence Ordinance except for the purpose of corroborating the testimony of such person in court.
(7) In any proceedings under this Law, the production of a certified copy of the information referred to in section 69 or of any statement recorded under this section shall be prima facie evidence of the fact that such information was given or that such statement was made to the police officer by whom it was recorded; and notwithstanding the provisions of any other law it shall not be necessary to call such officer as a witness solely for the purpose of producing such certified copy.


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